D.C. Mun. Regs. tit. 22, r. 22-C1004

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 22-C1004 - NOTICE OF SUMMARY SUSPENSION OR REVOCATION ACTION AND HEARING

1004.1

Violation of the Act or this subtitle may result in the summary suspension or revocation of a qualifying patient or caregiver's registration.

1004.2

If the Board determines, after investigation, that the conduct of a qualifying patient or caregiver presents an imminent danger to the health and safety of the public, the Board may summarily suspend, revoke or restrict, without a hearing, the registration of the qualifying patient or caregiver.

1004.3

A notice of summary suspension or revocation shall contain the following:

(a) A statement that the qualifying patient or caregiver must return any unused medical marijuana in his or her possession to the District of Columbia Metropolitan Police Department within twenty-four (24) hours of receiving the summary suspension notice;

(b) A statement that the qualifying patient or caregiver must surrender his or her registration identification card to the Board within twenty-four (24) hours of receiving the summary suspension notice;

(c) A statement setting forth the reasons for the summary action, including a specification of any specific violation complained of;

(d) Reference to any particular section of the Act or rules allegedly violated;

(e) A statement that the registrant may request an immediate hearing before the Board for the purpose of determining whether the suspension shall continue. The registrant shall file the request with the Board within three (3) business days after service of a notice of a summary suspension, revocation, or restriction of the registration, unless otherwise agreed by the parties to be held at a later date; and

(f) The Board shall issue a decision within three (3) business days after the hearing. A person aggrieved by a final summary action may file an appeal pursuant to the District of Columbia Administrative Procedure Act, approved October 21, 1968, (82 Stat. 1204; D.C. Official Code §§ 2-501 et seq.).

1004.4

A notice, order, decision, or pleading required by this chapter to be served upon a party shall be served upon the party or upon the representative designated by the party or by law to receive service of papers. If a party has appeared through counsel, service may be made upon the counsel of record.

1004.5

Service on a registrant shall be directed to the last known address of the registrant or the email address on file with the Board or the registrant's resident agent or attorney, and shall be completed by one (1) of the following methods:

(a) Personal delivery;

(b) Leaving it at the party's usual place of residence with a person of suitable discretion sixteen (16) years of age or older residing there;

(c) Certified mail, return receipt requested; or

(d) Electronic mail where the registrant or their resident or counsel has agreed to accept service by email.

1004.6

Proof of service, stating the name and address of the person on who service is made and the manner and date of service, may be shown by one (1) of the following methods:

(a) Written acknowledgement by the party or other person served in accordance with §§1004.5 or by the party's counsel;

(b) The certificate of the serving party or that party's counsel; or

(c) A return receipt if service is made by certified mail; or

(d) An acknowledgment of receipt by responding to the email that is sent to the registrant or their resident agent or counsel in accordance with §§1003.5(d).

1004.7

If service is by personal delivery, it shall be deemed to have been served at the time when delivery is made to the party or other person served in accordance with §§1004.5.

1004.8

If service is by certified mail, it shall be deemed to have been made on the date shown on the return receipt showing delivery of the notice to the party or refusal of the party to accept delivery.

1004.9

If service is by electronic mail, it shall be deemed to have been served on the day and time that the email is sent to the registrant or their resident agent or counsel.

1004.10

If the party is no longer at the last known address as shown by the records of the Board, and no forwarding address is available, service shall be deemed to have been made on the date the return receipt bearing that notification is received by the Board.

1004.11

A registrant whose registration has been summarily suspended may request an immediate hearing before the Board for the purpose of determining whether the suspension shall continue. The registrant shall file the request with the Board within three (3) business days after service of a notice of a summary suspension, revocation or restriction of the registration unless otherwise agreed by the parties to be held at a later date.

1004.12

A request for a hearing under this chapter shall include the following:

(a) A statement of the facts relevant to the review of the action;

(b) A statement of the arguments that the respondent considers relevant to the review of the action; and

(c) Any other evidence considered relevant.

1004.13

If the registrant fails to request a hearing within the time and in the manner specified in the notice, the summary suspension shall continue until after a finding by the Board that the imminent danger no longer exists, or until after a decision on a notice of intent to revoke or suspend the registration becomes final under §§1003.13 or 1003.16.

1004.14

If a hearing is timely requested, the proceedings shall thereafter be conducted pursuant to Chapter 17 of Title 23 of the DCMR.

1004.15

The decision rendered by the Board shall be the Final Order in this matter. A party may seek review of the Board's decision in accordance with the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code §§ 2-501 et seq.).

D.C. Mun. Regs. tit. 22, r. 22-C1004

Source: Notice of Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Notice of Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10128, 10158(December 2, 2011); Amended by Final Rulemaking published at 71 DCR 2388 (3/8/2024)

Authority: The Mayor, pursuant to section 14 of the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et. seq. (2011 Supp.)).