1226 SUMMARY SUSPENSION HEARINGS

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; 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.

1226.3 The Board shall notify the Chief and the appellant of the date and location of the hearing as soon as practical.

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. The decision to sustain the suspension shall expire within sixty (60) days after the decision is issued unless the Chief has served the licensee a notice of intent to revoke pursuant to Section 905 of the Act. If the Chief has served the licensee a notice of intent to revoke pursuant to Section 905 of the Act, the summary suspension shall remain in effect until the Chief revokes the permit or, if a timely request for an appeal of the notice of revocation has been filed with the Board, the conclusion of the notice of revocation appeal.

1226.7 Any decision of the Board to sustain a suspension shall be a temporary decision and not a final action. There is no right of appeal from a decision of the Board to sustain a summary suspension action. An appeal must follow a final decision of the Board to sustain a revocation of the license that was the subject of the summary suspension and the appeal must be based on the facts and conclusions that formed the basis of the final decision.

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 68 DCR 5402 (May 21, 2021).