(a) Before a board denies an applicant a registration, license, or certificate, revokes or suspends a registration, license, or certificate, reprimands a licensee or certificate holder, imposes a civil fine, requires a course of remediation or a period of probation, or denies an application for reinstatement, it shall give the person against whom the action is contemplated an opportunity for a hearing before the board except where the denial of the license is based solely on an applicant’s failure to meet minimum age, education, or experience requirements, pass a required examination, pay the applicable fees established by the board, or where there are no material facts at issue.
(a-1)(1) Before holding a hearing under this section due to a determination made under § 47-2853.17(c-1)(2), the board shall notify the applicant, licensee, registrant, person certified, or person permitted to practice by [this subchapter] in the District, in writing, with the following information:
(A) The conviction that forms the basis for the action, 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 § 47-2853.17(c-1)(2);
(B) A copy of any criminal history records on which the board relies;
(C) A statement that the applicant, licensee, registrant, person certified, or person permitted to practice by [this subchapter] in the District may provide evidence of inaccuracies within the criminal history records;
(D) A description of additional information that the applicant, licensee, registrant, person certified, or person permitted to practice by [this subchapter] in the District 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, person certified, or person permitted to practice 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, licensee or certificate holder 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 subchapter 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 person shall be sent by certified mail to the last known address of the person at least 15 days before the hearing, and shall include information on legal resources available in the District.
(e) The person 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, the 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 person against whom the action is contemplated fails or refuses to appear, a board may 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 subchapter to hold hearings and issue final decisions to a panel of 3 or more members of the board. 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, except that the person against whom an action is contemplated may ask for a rehearing before the full board. If a rehearing before the full board is requested, no appeal to the District of Columbia Court of Appeals shall be permitted until the full board has issued a ruling.
1981 Ed., § 47-2853.22.