708

NOTICE OF PROPOSED SUSPENSION OR REVOCATION OF A LICENSE

708.1

Proposed suspension. The Office may issue a notice of proposed suspension of a license issued under this title based on any of the following grounds:

1. (a) A material misrepresentation, fraud, or concealment of material information in a communication with the Commission or the Office in a document provided to the Commission or the Office, or in connection with an activity for which the respondent is licensed;
2. (b) A determination that the respondent no longer meets the requirements for the license it was issued by the Office;
3. (c) A determination that a basis for suspension exists pursuant to a provision of another chapter of this title;
4. (d) The existence of one or more grounds for suspension of a license pursuant to § 706.2 or § 707.2, without regard to whether the Office has issued an order of immediate suspension;
5. (e) A criminal conviction involving fraudulent conduct, or in the case of an entity, a determination that an employee, agent, or independent contractor associated with the entity has been convicted of such conduct in connection with any activity regulated by this title;
6. (f) The use or subornation of a fraudulent or misleading device, method, or practice relating to any activity regulated by this title;
7. (g) A willful or repeated failure to obey one or more compliance orders issued by the Office;
8. (h) A willful or repeated failure to comply with one or more orders issued by OAH;
9. (i) A willful or repeated failure to pay one or more civil fines imposed by the Office;
10. (j) A willful or repeated failure to comply with one or more provisions of this title or applicable law; or
11. (k) Where identified as a civil penalty in a provision of this title.

708.2

Proposed revocation. The Office may issue a notice of proposed revocation of a

license issued under this title based on any of the following grounds:

(a) The respondent's license is currently, or was previously, suspended under § 706, § 707, or § 708.1;

(b) The respondent has committed substantial or repeated acts that constitute grounds for immediate suspension under § 706.2 or § 707.2, without regard to whether the Office has issued an order of immediate suspension;

(c) The respondent has committed substantial or repeated acts that constitute grounds for proposed suspension under § 708.1;

(d) A determination that a basis for revocation exists pursuant to a provision of another chapter of this title; or

(e) The respondent has failed to timely and fully comply with the terms and conditions of an order of suspension, or has committed further violations of this title or other applicable law during the pendency of a suspension.

708.3 A notice of proposed suspension or proposed revocation may be issued concurrently with an order of immediate suspension or at any time at least fourteen (14) days prior to a hearing on the merits, provided however, that such notice shall not be issued fewer than fourteen (14) days prior to a hearing on the merits without good cause shown by the Office, including access to new evidence, and a change in the law or regulations applicable to the action.

708.4 A notice of proposed suspension or proposed revocation of a license shall be in writing and shall state:

(a) The grounds for the proposed suspension or revocation;

(b) The date on which the proposed suspension or revocation will become effective which shall be no sooner than thirty-one (31) calendar days following service of the notice;

(c) If a proposed suspension is for a time certain, the duration of the suspension; or, if the suspension is for an indefinite period of time, the terms upon which the license may be reinstated in full;

(d) A statement:

(1) That the respondent has the right to request a hearing before the OAH within thirty (30) calendar days of service of the notice;

(2) Explaining the process for requesting a hearing; and

(3) That, if the respondent fails to file an appeal within thirty (30) calendar days, the proposed suspension or revocation shall become final.

708.5 A proposed suspension shall not exceed the current licensing period.

708.6 A proposed revocation shall exceed the current licensing period and shall contain a requirement that the respondent is not permitted to re-apply for a new license until after a specific date following the date on which the revocation becomes final.

708.7 The revocation of a license and the circumstances giving rise thereto may be considered by the Office at the time of a renewal of a license issued under this title.

708.8 Each notice of proposed suspension or proposed revocation shall be served and filed in the manner prescribed by § 712.

SOURCE: Final Rulemaking published at 61 DCR 6408 (June 27, 2014); as amended by Final Rulemaking published at 63 DCR 4078 (March 18, 2016).