3816.1 The Director may suspend, revoke, or deny renewal of the license of a facility issued pursuant to this chapter for any of the following reasons:

1. (a) Violation of the Licensure Act or any other applicable provision of District of Columbia or federal law, including violation of the Criminal Background Check Act, the Nursing Home and Community Residence Facility Residents Protection Act, and the Clean Hands Act;
2. (b) The Operator, its governing body, chief executive officer, administrator, or Residence Director has made a material misrepresentation of fact to a government official with respect to the MHCRF's compliance with any provision of the Licensure Act, this chapter, or other provision of District of Columbia or federal law;
3. (c) Failure to meet or maintain the standards required by this chapter;
4. (d) Submission of false or misleading information to the District in connection with an application for licensure or related to licensing procedures;
5. (e) Failure or refusal to allow inspections pursuant to this chapter;
6. (f) Failure or refusal to submit information requested by the Department;
7. (g) Failure or refusal to obey any lawful order of the Director issued pursuant to this chapter;
8. (h) Conviction of the Operator, its governing body, administrator, Residence Director, the Chief Executive Officer, or other key staff member of a felony involving the management or operation of a MHCRF, or that is directly related to the integrity of the MHCRF or the public health or safety; and
9. (i) Any act or failure to act, which constitutes a threat to the health or safety of residents, MHCRF staff, or the public;

3816.2 Except as provided in § 3808 with respect to new provisionally licensed MHCRFs, and except for a summary suspension undertaken pursuant § 3815, every holder of a license shall be afforded notice and an opportunity for a hearing pursuant to § 3818 prior to an action of the Director to suspend, revoke, or deny renewal of a license.

3816.3 When the Director plans to suspend, revoke, or deny renewal of a license under Mental Health

this section, the Director shall give the Operator a written notice that includes the following:

(a) That the Director shall take the proposed action unless the Operator files a written request for a hearing, within fifteen (15) days of the receipt of the notice, with the Director and the administrative hearing body identified by the Director as described in § 3818. In lieu of requesting a hearing, the Operator may submit documentary evidence to the Director for the Department's consideration before the Department takes final action;

(b) The Director's reasons for the proposed action;

(c) A statement that if the Operator does not respond to the notice within fifteen (15) days, the proposed action is final and the Director may take the action proposed in the notice, without a hearing, and shall inform the Owner in writing of the action taken;

(d) A statement that if the Operator chooses to submit documentary evidence but does not request a hearing, the Director shall consider the material submitted and shall decide, without a hearing, whether to take the proposed action. The Director shall notify the MHCRF in writing of the action taken.

3816.4 An Operator that fails to file a written request for a hearing within fifteen (15) days of the receipt of the notice waives the right to contest or appeal the notice.

SOURCE: Final Rulemaking published at 65 DCR 1633 (February 16, 2018).