D.C. Mun. Regs. tit. 31, § 407
407.1 Order of immediate suspension. The Office may immediately suspend an MTS's approval issued under § 405 when:
(a) The Office has reasonable grounds to believe the PSP that operates the MTS has committed or is committing a willful or repeated violation of § 408.9 (failure to cooperate with or report to the Office), § 408.13 (failure to timely pay owners), § 603.9 (failure to provide MTS service and support), or § 408.14 (failure to maintain operator and vehicle inventories);
(b) The Office has reasonable grounds to believe there exists an imminent or significant risk that the MTS may be or has been used by one or more individuals, or by an entity other than the PSP, to violate or enable the violation of one or more provisions of this title or other applicable law;
(c) The Office has reasonable grounds to believe the MTS or the PSP's operations or conduct pose an imminent or significant threat to the safety and welfare of passengers, operators, or the public; or
(d) The Office has reasonable grounds to believe the MTS or the PSP's operations or conduct pose an imminent or significant threat to consumer protection or passenger privacy.
407.2 As provided in § 407.4, a PSP's failure to timely and fully comply with the terms and conditions of an order of immediate suspension, or to further violate this title or other applicable law during the pendency of an order, shall be a sufficient basis for revocation of the PSP's approval.
407.3 Notice of proposed suspension. The Office may issue a notice of proposed suspension of a PSP's approval issued under § 405 when:
(a) The Office has reasonable grounds to believe the PSP has:
(1) Committed fraud, made a fraudulent or material misrepresentation to any person in connection with the conduct of its MTS business, or has concealed material information from the Office, or
(2) Induced any other person to commit an act enumerated in (a)(1).
(b) The Office has reasonable grounds to believe the PSP no longer meets the requirements for approval under this chapter;
(c) An order of immediate suspension has been issued against the PSP;
(d) The Office has reasonable grounds to believe one or more grounds exist for immediate suspension of the PSP under § 407.1;
(e) The PSP or an employee, agent, or independent contractor associated with it has been convicted of a criminal offense involving fraudulent conduct in connection with the conduct of an activity within the jurisdiction of the Commission; or
(f) The Office has reasonable grounds to believe the PSP has failed to comply with any provision of this title or other applicable law.
407.4 Notice of proposed revocation. The Office may issue a notice of proposed revocation of a PSP's approval issued under § 405 when:
(a) The PSP's approval has been previously suspended at any time on any grounds;
(b) The Office has reasonable grounds to believe the PSP has committed substantial or repeated acts which would constitute grounds for an order of immediate or proposed suspension under § 407.1 or § 407.3; or
(c) The Office has reasonable grounds to believe the PSP failed to timely and fully comply with the terms and conditions of an order of suspension, or further violated this title or other applicable law during the pendency of an order of suspension.
407.5 Content of order or notice. Each order of immediate suspension and notice of proposed suspension or revocation shall:
(a) Be in writing;
(b) State the grounds for the order or notice;
(c) State the terms and conditions required for compliance with the order or notice (if any) including any deadlines;
(d) State that the PSP is entitled to a review of the order by OAH:
(1) Within three (3) business days, if it is an order of immediate suspension;
(2) Within thirty (30) calendar days, if it is a notice of proposed
suspension or revocation;
(e) Include full contact information for OAH;
(f) Include a reference to OAH regulations, or to Section 10 of the DCAPA (D.C. Official Code § 2-509), that detail the hearing procedures to be used during OAH's review of the Order; and
(g) Include a statement that a party or witness may apply for the appointment of a qualified interpreter if he or she is deaf or cannot readily understand or communicate the spoken English language.
407.6 Method of service and filing. Each order of immediate suspension and notice of immediate suspension or revocation shall:
(a) Be served promptly on the PSP by hand delivery to the address on file with the Office for the PSP or its agent, leaving the document with a person over the age of sixteen (16) residing or employed at that address.
(b) Be filed promptly with OAH, and, if it is an order of immediate suspension, not later than the next business day after service.
407.7 The Office may, but shall not be required to, invite a PSP to participate in mediation in advance of any suspension or revocation action authorized by this section.
SOURCE: Final Rulemaking published at 60 DCR 6993 (May 17, 2013); as amended by Final Rulemaking published at 60 DCR 10975 (July 26, 2013); as amended by Final Rulemaking published at 61 DCR 6429 (June 27, 2014).