3125 NOTICE OF INTENDED ACTION AND OPPORTUNITY FOR A HEARING

3125.1 The Director shall give a licensee a notice of and opportunity for a hearing before the Director if the Director proposes to:

1. (a) Revoke a license;
2. (b) Suspend a license;
3. (c) Deny renewal of a license for a cause other than failure to pay the prescribed fee;
4. (d) Impose a civil fine pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, D.C. code, section 6-2701 et seq. In such a case, the hearing will be conducted pursuant to the hearing procedures contained in D.C. Law 6-42.

3125.2 If the Director proposes taking an action listed in section 3125.1, the Director shall give the respondent written notice containing the following:

1. (a) A statement setting forth the nature of the evidence and that it is sufficient to justify the Director's proposed action;
2. (b) One of the following statements:
3. (1) That the proposed action will take effect unless the respondent makes a written request to the Director for a hearing by certified mail or delivered in person, within twenty (20) days after mailing of the notice of the proposed action, and that the Director may take the proposed action if the respondent fails to appear at the hearing; or
4. (2) That the Director has scheduled a hearing on the proposed action, setting forth the date, time, and place of the hearing, and that the Director may take the proposed action if the respondent fails to appear at the hearing; and
5. (c) A statement of the rights of the respondent at a hearing as specified in section 3133.2.

3125.3 The Director shall give an applicant for a license notice of and opportunity for a hearing if the Director proposes to deny a license for a cause other than failure to pay the prescribed fee.

3125.4 If the Director proposes an action listed in section 3125.3, the Director shall give written notice to the respondent containing the following:

(a) A statement that the respondent does not meet the qualifications for licensure and why;

(b) One of the following statements:

(1) That the proposed action will become effective unless the respondent requests a hearing by a letter to the Director, sent by certified mail or delivered in person, within twenty (20) days after mailing the notice of the proposed action, and that the Director may take the proposed action if the respondent fails to appear at a hearing; or

(2) That the Director has scheduled a hearing on the proposed action, setting forth the date, time, and place of the hearing, and that the proposed action will become effective if the respondent fails to appear at the hearing; and

(c) A statement of the respondent's rights at a hearing as stated in section 3133.2.

3125.5 If a respondent does not respond to the notice within the time specified, the Director may, with or without a hearing, take the action proposed in the notice. The Director shall inform the respondent in writing of the action taken.

3125.6 If a respondent submits a documentary evidence in response to a notice but does not request a hearing, the Director shall review the evidence prior to taking action. The Director shall notify the respondent in writing of the action taken.

3125.7 A notice given pursuant to section 3125.1 shall be in the form of charges and specifications. A notice given pursuant to section 3125.3 shall be in the form of a notice of intent to deny in letter format.

Source: Final Rulemaking published at 39 DCR 7853, 7865 (October 23, 1992).