(a) Before a board denies an applicant a license, registration, or certification, revokes or suspends a license, registration, or certification or privilege to practice, reprimands a licensee, registrant, or person certified imposes a civil fine, requires a course of remediation or a period of probation, or denies an application for reinstatement, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the board except where the denial of the license, registration, or certification is based solely on an applicant’s failure to meet minimum age requirements, hold a required degree, pass a required examination, pay the applicable fees established by the Mayor, or where there are no material facts at issue.
(a-1)(1) Before holding a hearing under this section for the denial of an application for or suspension or revocation of a license, registration, or certification due to a determination made under § 3-1205.14(f)(2), the board shall notify the applicant, licensee, registrant, or person certified, in writing, with the following information:
(A) The conviction that forms the basis for the potential denial, suspension, or revocation, and the board's reasoning for determining the offense is directly related to the occupation for which the license, registration, or certification is sought or held, pursuant to § 3-1205.14(f)(2);
(B) A copy of any criminal history records on which the board relies;
(C) A statement that the applicant, licensee, registrant, or person certified may provide evidence of inaccuracies within the criminal history records;
(D) A description of additional information that the applicant, licensee, registrant, or person certified may provide to demonstrate their rehabilitation and fitness; and
(E) Information about the hearing procedures in this section.
(2)(A) After receiving notice pursuant to paragraph (1) of this subsection, the applicant, licensee, registrant, or person certified shall have 45 business days to respond.
(B) The board shall have 45 business days after the response is received to issue its final decision.
(b) A board, at its discretion, may request the applicant or licensee, registrant, or person certified to attend a settlement conference prior to holding a hearing under this section, and may enter into negotiated settlement agreements and consent decrees to carry out its functions.
(c) Except to the extent that this chapter specifically provides otherwise, a board shall give notice and hold the hearing in accordance with subchapter I of Chapter 5 of Title 2.
(d) The hearing notice to be given to the individual shall be sent by certified mail to the last known address of the individual at least 15 days before the hearing, and shall include information on legal resources available in the District
(e) The individual may be represented at the hearing by counsel.
(f)(1) A board may administer oaths and require the attendance and testimony of witnesses and the production of books, papers, and other evidence in connection with any proceeding under this section.
(2) A board shall require the attendance of witnesses and the production of books, papers, and other evidence reasonably requested by the person against whom an action is contemplated.
(3) In case of contumacy by or refusal to obey a subpoena issued by the board to any person, a board may refer the matter to the Superior Court of the District of Columbia, which may by order require the person to appear and give testimony or produce books, papers, or other evidence bearing on the hearing. Refusal to obey such an order shall constitute contempt of court.
(g) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, a board may nevertheless hear and determine the matter.
(h) A board shall issue its final decision in writing within 90 days after conducting a hearing.
(i) A board may delegate its authority under this chapter to hold hearings and issue final decisions to a panel of 3 or more members of the board or an administrative law judge in accordance with rules promulgated by the Mayor. Final decisions of a hearing panel shall be considered final decisions of the board for purposes of appeal to the District of Columbia Court of Appeals.
(Mar. 25, 1986, D.C. Law 6-99, § 519, 33 DCR 729; Mar. 23, 1995, D.C. Law 10-247, § 2(o), 42 DCR 457; July 18, 2009, D.C. Law 18-26, § 2(e)(19), 56 DCR 4043; Mar. 16, 2021, D.C. Law 23-205, § 3(g), 68 DCR 000769.)
1981 Ed., § 2-3305.19.
Effect of Amendments
D.C. Law 18-26 substituted “license, registration, or certification” for “license”; and substituted “licensee, registrant, or person certified” for “licensee”; and, in subsec. (i), substituted “board or an administrative law judge in accordance” for “board in accordance”.
For temporary (90 day) amendment of section, see § 2(e)(19) of Health Occupations Revision General Amendment Emergency Act of 2009 (D.C. Act 18-146, July 28, 2009, 56 DCR 6308).