817

817.1 The procedures described in this section shall apply to an applicant for certification whose certification application has been denied. The Department shall serve written notice of the denial on the applicant, which shall include the following:

(a) The basis for the denial in the Act or these regulations;

(b) A brief summary of the deficiencies or factual allegations in support of the denial; and

(c) A statement which informs the applicant that he or she may appeal the Department's denial of certification by submitting a written request to appeal, pursuant to Section 2363(g) of the Act (D.C. Official Code § 2-218.63(g)), to OAH within twenty (20) days after service of the Department's notice.

817.2 The Department shall include in the denial notice the applicant's right to appeal to OAH.

817.3 Any decision issued by OAH will be the final administrative decision for the purposes of judicial review, in accordance with Section 2363(g)(3) of the Act (D.C. Official Code § 2-218.63(g)(3)).

SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5635 (July 10, 2009); as amended by Final Rulemaking published at 70 DCR 010970 (August 11, 2023).