D.C. Mun. Regs. r. 27-816

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 27-816 - OPPORTUNITY FOR A HEARING: REVOCATION

816.1

If the Department issues an intent to revoke the certification of a certified business enterprise ("CBE") or certified joint venture, the CBE or certified joint venture may request a hearing before OAH.

816.2

The procedures described in this section shall apply to a CBE or certified joint venture when the Department issues an intent to revoke the certificate of registration. The Department shall give the CBE or certified joint venture written notice of an opportunity for a hearing prior to the revocation of its certificate of registration. The Department shall serve that intent to revoke notice on the CBE or certified joint venture, and the notice shall include:

(a) The intended action;

(b) The basis for the intended action in the Act or this chapter;

(c) A brief summary of the deficiencies or factual allegations in support of the intended action; and

(d) A statement which informs the CBE or certified joint venture that the Department's decision will be final unless, pursuant to Section 2363(g) of the Act (D.C. Official Code § 2-218.63(g)), the CBE or certified joint venture files an appeal with OAH within twenty (20) calendar days after service of the Department's intent to revoke notice.

816.3

If a CBE or certified joint venture does not timely appeal to OAH, the Department's intent to revoke action shall be final and the CBE's or certified joint venture's certification shall be revoked.

816.4

Pursuant to Section 2363(g) of the Act (D.C. Official Code § 2-218.63(g)), the CBE or certified joint venture may appeal the final revocation action by filing a written appeal with OAH within twenty (20) calendar days after the date on which the Department's revocation is final.

816.5

The decision of OAH shall be the final administrative decision for judicial review in accordance with Section 2363(g)(3) of the Act (D.C. Official Code § 2-218.63(g)(3)).

D.C. Mun. Regs. r. 27-816

Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5635 (July 10, 2009); amended by Final Rulemaking published at 70 DCR 10970 (8/11/2023)

Authority: Section 2372 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 2005 (Act), effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code § 2-218.72 )(2009 Supp.) and Mayor's Order 2009-58, dated April 15, 2009.