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Current through October 23, 2012
(a)(1) The Mayor may summarily suspend or restrict, without a hearing. the license, registration, or certification of a person:
(A) Who has had his or her license, registration, or certification to practice the same profession or occupation revoked or suspended in another jurisdiction and has not had the license, registration, or certification to practice reinstated within that jurisdiction;
(B) Who has been convicted of a felony;
(C) Who has been adjudged incapacitated; or
(D) Whose conduct presents an imminent danger to the health and safety of the public, as determined by the Mayor following an investigation.
(2) A suspension or restriction shall not be stayed pending any appeal of the revocation, suspension, conviction, or judgment of incapacity.
(b) The Mayor, at the time of the summary suspension or restriction of a license, registration, or certification, shall provide the licensee, registrant, or person certified with written notice stating the action that is being taken, the basis for the action, and the right of the licensee, registrant, or person certified to request a hearing.
(c) A licensee, registrant, or person certified shall have the right to request a hearing within 72 hours after service of notice of the summary suspension or restriction of license, registration, or certification. The Mayor shall hold a hearing within 72 hours of receipt of a timely request, and shall issue a decision within 72 hours after the hearing.
(d) Every decision and order adverse to a licensee, registrant, or person certified shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings shall be supported by, and in accordance with, reliable, probative, and substantial evidence. The Mayor shall provide a copy of the decision and order and accompanying findings of fact and conclusions of law to each party to a case or to his or her attorney of record.
(e) Any person aggrieved by a final summary action may file an appeal in accordance with subchapter I of Chapter 5 of Title 2.
(Mar. 25, 1986, D.C. Law 6-99, § 515, 33 DCR 729; July 18, 2009, D.C. Law 18-26, § 2(e)(16), 56 DCR 4043.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 2-3305.15.
Effect of Amendments
D.C. Law 18-26 rewrote subsec. (a); in subsecs. (b), (c), and (d), substituted "licensee, registrant, or person certified" for "licensee"; and, in subsecs. (b) and (c), substituted "license, registration, or certification" for "license". Prior to amendment, subsec. (a) read as follows:
"(a) If the Mayor determines, after investigation, that the conduct of a licensee presents an imminent danger to the health and safety of the residents of the District, the Mayor may summarily suspend or restrict, without a hearing, the license to practice a health occupation."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 2(e)(16) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).
Legislative History of Laws
For legislative history of D.C. Law 6-99, see Historical and Statutory Notes following § 3-1201.01.
For Law 18-26, see notes following § 3-1201.01.
