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Current through October 23, 2012
(a) A person to whom an order is issued pursuant to § 26-1117 or § 26- 1118 shall be given reasonable notice and the opportunity for a hearing as provided in this section. Upon the issuance of any order, the Commissioner shall notify the respondent, applicant, licensee, or person required to be licensed that the order has been entered and the reasons for the order. The order shall include a statement that the respondent, applicant, licensee, or person required to be licensed may submit a written request for a hearing within 20 days of receipt of the order.
(b) The order under subsection (a) of this section shall be served by hand or by certified mail, return receipt requested at the last known address of the person required to be licensed or the last known address maintained in the Department of Insurance and Securities and Banking records for the applicant or licensee.
(c) If the person to whom an order has been issued fails to request a hearing within 20 days of receipt or delivery of the order, the person shall be deemed in default and the order shall, on the 21st day, become permanent and remain in full force and effect until and unless later modified or vacated by the Commissioner.
(Sept. 9, 1996, D.C. Law 11-155, § 20, 43 DCR 4213; May 7, 2002, D.C. Law 14-132, § 601(a)(5), 49 DCR 2551; July 18, 2009, D.C. Law 18-38, § 2(m), 56 DCR 4290.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 26-1019.
Effect of Amendments
D.C. Law 14-132, rewrote subsec. (a); and added subsec. (d). Subsec. (a) had read as follows:
"(a) Before the Superintendent takes any action under § 26-1117 or § 26-1118, the Superintendent shall give the licensee an opportunity for a hearing."
D.C. Law 18-38 rewrote the section, which had read as follows:
"(a) Except as provided in subsection (d) of this section, the Commissioner shall give the licensee an opportunity for a hearing before the Commissioner takes any action under § 26-1117 and § 26-1118.
"(b) Notice of the hearing shall be given to the licensee and the hearing shall be held in accordance with the contested case provisions of subchapter I of Chapter 5 of Title 2.
"(c) The hearing notice to the licensee shall be sent by certified mail, return receipt requested, to the principal place of business of the licensee at least 30 days before the hearing.
"(d) If the Commissioner determines that an emergency condition exists that may endanger the public health or safety of the District due to noncompliance with this chapter, the Commissioner may issue a temporary cease and desist order to require a licensee, or a person required to have a license, to cease operations immediately; provided, that the duration of a temporary cease and desist order issued under this subsection shall not exceed 30 days and the order includes notice of a hearing to be held within 30 days of the order to be held pursuant to subsection (b) and (c) of this section. Any person subject to a cease and desist order may appeal the order within 15 days, but shall be required to comply with the order pending appeal."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 601(a)(5) of Home Loan Protection Emergency Act of 2002 (D.C. Act 14-295, March 1, 2002, 49 DCR 2534).
Legislative History of Laws
For legislative history of D.C. Law 11-155, see Historical and Statutory Notes following § 26-1101.
For Law 14-132, see notes following § 26-603.
For Law 18-38, see notes following § 26-1101.
