D.C. Mun. Regs. tit. 1, § 1226
1226.1 A person subject to a summary suspension or summary limitation of a license issued pursuant to the Act shall have the right to request a hearing to the Board, in the manner described in § 1202.3(a)-(f), within seventy-two (72) hours after service of notice of the summary suspension or limitation of the license on the Board. The request for a hearing must be submitted to the Board via email at cplrb@dc.gov.
1226.2
(a) The Board shall hold a hearing within seventy-two (72) hours after receipt of a timely request for hearing; provided, that if the request is filed during the emergency, as defined in § 1202.8(a), the Board may, notwithstanding Section 905(b) of the Act (D.C. Official Code § 7-2509.05(b)) (as authorized by the Coronavirus Support Temporary Amendment Act of 2020, effective October 9, 2020 (D.C. Law 23-130; 67 DCR 12236); and Mayor’s Order 2020-079, dated July 22, 2020, and any subsequent emergency, temporary, or permanent legislation or Mayor’s Order providing similar authority), hold the hearing up to twenty-one (21) days after the request is filed.
(b) The Board shall issue a written decision within seventy-two (72) hours after the conclusion of the hearing, which shall be affective on issuance, unless a different time of effectiveness is set forth in the decision; provided, that if the hearing is held during the emergency, as defined in § 1202.8(a), the Board may, notwithstanding Section 905(b) of the Act (D.C. Official Code § 7-2509.05(b)) (as authorized by the Coronavirus Support Temporary Amendment Act of 2020, effective October 9, 2020 (D.C. Law 23-130; 67 DCR 12236); and Mayor’s Order 2020-079, dated July 22, 2020, and any subsequent emergency, temporary, or permanent legislation or Mayor’s Order providing similar authority), issue the written decision up to seven (7) days after the conclusion of the hearing, which shall be affective on issuance, unless a different time of effectiveness is set forth in the decision.
1226.3
The Board shall notify the Chief and the appellant of the date and location of the hearing as soon as practicable.
1226.4
The Chief shall have the burden of production and the burden of persuasion for the summary suspension.
1226.5
A summary evidentiary hearing shall be conducted in a manner that provides opportunity to the licensee to challenge the basis of the Chief’s suspension action through the presentation of documentary evidence and testimony, as well as the
ability to examine and cross-examine any witness.
1226.6 If the Board sustains the suspension, it shall issue a written decision setting forth its findings of facts and conclusions of law.
1226.7 Any decision of the Board to sustain a suspension shall be a final action for purposes of appeal.
SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 68 DCR 5402 (May 21, 2021); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022).