3316.1 If a respondent who was sent a notice of a proposed action pursuant to § 3315 does not mail or deliver a request for a hearing within the time and in the manner required under that section, a board may, without a hearing, take the action contemplated in the notice.

3316.2 If a respondent scheduled for a hearing does not appear for the hearing, and no continuance has been granted, a board may receive evidence and hear testimony and may render a decision on the basis of evidence before it.

3316.3 The board may, prior to rendering a decision, upon written request of the respondent and payment of the required fee, send a copy of the transcript or summary of the hearing to the respondent and request proposed findings of fact and conclusions of law from the respondent.

3316.4 The board shall inform the parties of an action taken under this section.

3316.5 A decision of a board shall be supported by substantial, reliable, and probative evidence pursuant to D.C. Code § 1-1509(c) (1981).

SOURCE: Final Rulemaking published at 35 DCR 3488, 3501 (May 13, 1988).