564.1 A holder of a certificate shall be given notice of, and an opportunity for, a hearing before the Office of Administrative Hearings if the effect of the action would be one (1) of the following:

1. (a) To revoke a certificate;
2. (b) To suspend a certificate;
3. (c) To reprimand the holder of a certificate;
4. (d) To impose a civil fine;
5. (e) To require a course of remediation;
6. (f) To require a period of probation; or
7. (g) To refuse to renew the certificate for any cause other than failure to pay the required renewal fee.

564.2 If the Director proposes to take an action listed in § 564.1, the Director shall give written notice to the respondent in accordance with Section 16 of the Act, D.C. Official Code § 7-2341.15 (2012 Repl.). The notice shall contain:

1. (a) A statement that the Director has sufficient evidence in support of the complaint or incident report, which, if proven to be true, justifies taking the proposed action;
2. (b) A description of the nature of the evidence that serves as the basis for the underlying complaint;
3. (c) A statement that the Director may take the proposed action, without further notice, unless the applicant requests a hearing before the Office of Administrative Hearings no later than twenty (20) days after service of the notice, and that the Director may take the proposed action if the respondent fails to appear at a scheduled hearing;
4. (d) A description of the rights of the respondent at a hearing as specified in § 564.3; and
5. (e) A statement that the respondent may request a hearing before the Office of Administrative Hearings in accordance with Section 18 of the Act, D.C. Official Code § 7-2341.17 (2012 Repl.) and Chapter 28 of Title 1 of the DCMR, and that upon such a request the Office of Administrative Hearings will hold a hearing consistent with its regulations and

procedures.

564.3 A respondent entitled to a hearing shall have the following rights:- (a) The right to be represented by an attorney;

- (b) The right to present all relevant evidence by means of witnesses and books, papers, and other documents;

- (c) The right to examine all opposing witnesses on any matter relevant to the issues; and

- (d) The right to have subpoenas issued to compel the attendance of witnesses and the production of relevant books, papers, and other documents upon making a request approved by the Administrative Law Judge in accordance with the Office of Administrative Hearings Rules of Practice and Procedure, as set forth in Chapter 28 of Title 1 of the DCMR, and D.C. Official Code § 2-1831.09(b) (2007 Repl. and 2012 Supp.).564.4 If a person who was sent a notice of a proposed action pursuant to § 564.2 does not mail or deliver a request for a hearing within the time and in the manner required under that section, the Director may, without a hearing, take the action contemplated in the notice.564.5 If, after an investigation, the Director determines that the allegations in the complaint or incident report or other information obtained in the investigation present an imminent danger to the health, safety, or welfare of any person or of the general public, the Director may summarily suspend the certification prior to a hearing.564.6 The Director shall serve a written notice of a summary suspension or restriction of a certificate under a health professional in accordance with Section 17 of the Act (D.C. Official Code § 7-2341.16 (2012 Repl.)).564.7 A notice of summary suspension or restriction issued under this section shall state the following:- (a) The action taken;

- (b) The reasons for which the action was taken;

- (c) That the action shall be effective upon service of the notice or at a time and date specified in the notice;

- (d) That the respondent has a right to make a written request for a hearing before the Office of Administrative hearings within five (5) business days

of the service of the notice;

(e) That the respondent's request for a hearing shall not stay the action;

(f) That the respondent has a right to a hearing within five (5) days of the Director's receipt of the respondent's request for a hearing;

(g) A description of a respondent's rights at a hearing as specified in § 564.3; and

(h) The address to which the respondent's request for a hearing shall be delivered or mailed.

564.8 An action under this section shall take effect immediately upon service, unless the notice states that it takes effect at a later time, and shall remain in effect until superseded by a decision of the Director or a disposition by the Office of Administrative Hearings or until a termination date set forth in the order.

SOURCE: Final Rulemaking published at 60 DCR 16569 (December 6, 2013).