5448.1 The Board may hold a qualifications hearing before issuing, transferring, or renewing a license, registration, or permit to determine whether the applicant, licensee, registrant, or permittee meets the criteria set forth in the Act and this subtitle even if not raised as part of a protest.

5448.2 A qualifications hearing shall be conducted as a contested case pursuant to the DC APA.

5448.3 The Board shall give notice to the applicant, licensee, or permittee, by personal service or certified mail, requiring the person to appear before the Board within 15 calendar days after receipt of the notice to provide evidence establishing that the person meets the criterion set forth in the Act and this title.

5448.4 The hearing notice required by § 5448.3 of this section shall include:

(a) The criterion about which the Board is requesting information;

(b) The evidence to be considered by the Board at the hearing, including documentation, exhibits, investigative reports, or electronic or digitally stored information; and

(c) The conditions, if any, that the Board is considering imposing on the applicant.

5448.5 If after notice has been provided, as required by § 5448.3 of the section, the applicant refuses or otherwise fails to appear at the hearing, the Board may hold the hearing ex parte.

5448.6 The Board shall deny the issuance, transfer, or renewal of a license, registration, or permit application if it determines that the applicant does not meet the criteria set forth in the Act or this title.

5448.7 In issuing or renewing a license, registration, or permit, or approving a transfer, the Board may require that certain conditions be met, consistent with the requirements set forth in the Act or this title.

SOURCE: Final Rulemaking published at 73 DCR 002136 (February 20, 2026).