D.C. Mun. Regs. tit. 17, r. 17-4118

Current through Register 71, No. 45, November 7, 2024

Rule 17-4118 - SUMMARY ACTION

4118.1

The Director shall serve a written notice of a summary suspension or restriction of a license of a health professional under § 515 of the Act, D.C. Code § 2-3305.15 (1987 Supp.), in accordance with § 4105.

4118.2

A notice issued under this section shall state the following:

(a) The action taken;

(b) The reasons for which the action was taken;

(c) That the action is effective upon service of the notice or at a time and date specified in the notice;

(d) That the respondent has a right to make a written request for a hearing before the Director within seventy-two (72) hours of the service of the notice, or such longer period stated in the notice;

(e) That the respondent's request for a hearing will not stay the action;

(f) That the respondent has a right to a hearing within seventy-two (72) hours of the Director's receipt of the respondent's request for a hearing;

(g) A description of a respondent's rights at a hearing as specified in § 4109.3; and

(h) The address to which the respondent's request for a hearing must be delivered or mailed.

4118.3

An action under this section shall take effect immediately upon service, unless the notice states that it takes effect at a later time, and remains in effect until superseded by a decision of the Director.

4118.4

A respondent who requests a hearing within seventy-two (72) hours of service of a notice of summary action, or such longer period stated in the notice, shall have a right to a hearing under this section.

4118.5

The Director shall hold a hearing on a summary action within seventy-two (72) hours of the Director's receipt of the respondent's request, unless the respondent agrees to a later hearing time.

4118.6

In conducting a hearing under this section, the Director shall have all of the powers and duties of a board under this chapter.

4118.7

In a hearing under this section, the District has the burden of proving by substantial evidence that the action was necessary to prevent imminent danger to the health or safety of the citizens of the District.

4118.8

The Director shall issue a decision within seventy-two (72) hours of a hearing under this section and shall serve the respondent or the respondent's counsel with the decision as soon thereafter as practicable.

4118.9

A decision of the Director under this section shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based upon the findings of fact and application of the laws;

(c) An order; and

(d) A statement informing the respondent of the right to have the decision reviewed by the District of Columbia Court of Appeals, and the time within which judicial review must be sought according to the rules of that Court.

4118.10

The Director shall notify the board that regulates the health profession of the respondent of the Director's decision at the same time that it notifies the respondent.

4118.11

An order of the Director under this section shall remain in effect until one (1) of the following occurs:

(a) The order expires under its own terms;

(b) The order is superseded by an order of a board under this section; or

(c) The order is reversed by the District of Columbia Court of Appeals.

4118.12

Within sixty (60) days after the Director notifies the board of a summary action, the board shall determine whether there is sufficient cause to propose a disciplinary action under § 4102.

4118.13

If a board determines that there is sufficient cause to propose a disciplinary action, the board shall take one (1) of the following actions:

(a) Set the matter for a hearing in accordance with § 4102; or

(b) Request that the respondent attend a settlement conference in accordance with § 4108.

4118.14

If a board determines that there is not sufficient cause to propose a disciplinary action, the board shall take one (1) of the following actions:

(a) Enter an order restoring the respondent's license or removing the restriction from the respondent's license which was imposed by the summary action; or

(b) Request that the Director undertake further investigation of the matter.

4118.15

An order of a board entered after its determination pursuant to §§ 4118.13 or 4118.14 supersedes an order of the Director to the extent that the order of the Director is inconsistent with the order of the board.

4118.16

If a board requests the Director to undertake further investigation pursuant of § 4118.14(b), the Director shall complete the investigation and report to the Board within sixty (60) days of the date of the request.

D.C. Mun. Regs. tit. 17, r. 17-4118

Final Rulemaking published at 34 DCR 5872, 5888 (September 11, 1987)