1803.1 Except as provided in § 1803.2, the Commissioner may revoke or suspend the registration of an operator upon a finding that the operator:

1. (a) Violated any applicable District or federal law, rule or regulation;
2. (b) Made a material misstatement in the registration application or any other document or statements provided to the Department;
3. (c) Engaged in any fraudulent, dishonest, or unsafe activity in connection with the operation of an automated teller machine;
4. (d) Demonstrated a lack of competence in connection with the operation of an automated teller machine; or
5. (e) Violated any order or written agreement issued by the Commissioner.

1803.2 Except as provided by § 1803.3, the Commissioner, prior to taking action pursuant to § 1803.1, shall issue and serve, by U.S. Mail, on an operator written notice of his or her intent to revoke or suspend the operator's registration. A notice of intent to revoke or suspend an operator's registration shall include:

1. (a) The reasons for the proposed action;
2. (b) The date by which the operator may file a written response with the Commissioner; and
3. (c) The date by which the Commissioner will issue a final order revoking or suspending the operator's registration in the event the operator fails to respond to the notice of intent to revoke or suspend an operator's registration by the date provided in the notice of intent.

1803.3 The Commissioner may issue a temporary order revoking or suspending an operator's registration without providing the operator with a prior notice of intent if the Commissioner determines that the operator's continued operation may be a danger to public safety or health.

1803.4 A temporary order shall provide the operator with an opportunity to make a written response in accordance with § 1803.5.

1803.5 An operator may file a written response to a notice of intent to revoke or suspend the operator's registration or a temporary order within 15 days from the date of service of the notice of intent or temporary order. The written response shall include:

1. (a) An explanation of why the proposed action or temporary order is not warranted; and
2. (b) Any other relevant information, mitigating circumstance, documentation, or other evidence in support of the operator's position. The failure by an operator to file a written response with the Commissioner to a notice of intent or a temporary order within the specified time period, shall constitute a waiver of the opportunity to respond and shall constitute consent to a final order under § 1803.1 or § 1803.3.

1803.6 The Commissioner, after considering any response filed pursuant to § 1803.5, shall issue a final order pursuant to § 1803.1 or § 1803.3 within fifteen (15) business days after receiving a

response from the operator pursuant to § 1803.5, or after the deadline upon which a response from the operator was due pursuant to § 1803.5.

SOURCE: Final Rulemaking published at 50 DCR 10324, 10326-10327 (December 5, 2003).