Code of the District of Columbia

Subchapter IV. Sanctions and Penalties.

§ 44–104.01. Sanctions.

(a) The sanctions set forth in § 44-509.

(b) On determining that a licensee has violated this chapter, the Mayor, in addition to the sanctions required by subsection (a) of this section, may:

(1) Restrict the number of residents the licensee may admit;

(2) Require the licensee to reduce the number of residents in its care;

(3) Require the licensee and any of its staff to receive remedial instruction or training in a specific area;

(4) Require the licensee to use the services of a management firm approved by the Mayor;

(5) Notify or require the licensee to notify a resident who is affected by the violation and his or her surrogate;

(6) Increase the frequency of monitoring visits during a specified period of time;

(7) Enter into an agreement with the licensee establishing certain conditions for continued operation, including time limits for compliance; and

(8) Petition a court of competent jurisdiction to appoint a receiver as provided in subchapter II of Chapter 10 of this title.

(c) If the Mayor determines that the licensee has violated a condition or requirement of an imposed sanction, the Mayor may suspend or revoke the license.

(d) Appeals under this section may be taken pursuant to subchapter XII of this chapter.

(June 24, 2000, D.C. Law 13-127, § 401, 47 DCR 2647.)

Section References

This section is referenced in § 44-103.04.

§ 44–104.02. Civil Penalties.

(a) The Mayor may impose one or more of the civil penalties authorized under § 44-509 against persons who:

(1) Maintain or operate an unlicensed ALR; or

(2) Otherwise violate provisions of this chapter.

(b) Notwithstanding any other provision of law, penalties authorized under § 44-509 shall not be imposed by the Mayor unless a violation, cited during an inspection:

(1) Is within the control of the ALR; and

(2) Poses an immediate or serious and continuing danger to the health, safety, welfare, or rights of residents.

(c) If during a follow-up inspection the Mayor determines that violations within the control of the facility which were cited in an immediately prior inspection have not been corrected or have recurred, the Mayor may impose penalties authorized under § 44-509

(d) Appeals under this section may be taken pursuant to subchapter XII of this chapter.

(June 24, 2000, D.C. Law 13-127, § 402, 47 DCR 2647.)

§ 44–104.03. Criminal penalties.

The criminal penalties set forth in § 44-509 shall apply to an ALR.

(June 24, 2000, D.C. Law 13-127, § 403, 47 DCR 2647.)

§ 44–104.04. Emergency suspension.

(a) The Mayor may immediately suspend, as an emergency action, a license on finding that the licensee’s premises are unsafe for human habitation or pose an immediate threat to the health and safety of its residents.

(b) The Mayor shall deliver a written notice to the licensee informing it of the emergency suspension, giving the reasons for the suspension, providing the provisions of law with which the licensee has failed to comply that form the basis for the emergency suspension, and notifying the ALR of its right to request a hearing and to be represented by counsel.

(c) The filing of a hearing request shall not stay the emergency suspension. If the licensee is dissatisfied with the emergency suspension, it may appeal the suspension as provided in § 44-505.

(d) When a license is suspended pursuant to this section, the licensee shall immediately return the license to the Mayor, notify the residents and surrogates of the suspension, and make every effort to assist them in making other assisted living arrangements.

(June 24, 2000, D.C. Law 13-127, § 404, 47 DCR 2647.)