(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 an offense that is directly related to the occupation for which the license, registration, or certification is held, pursuant to a determination made under § 3-1205.14(f)(2);
(C) Who has been adjudged incapacitated;
(D) Whose conduct presents an imminent danger to the health and safety of the public or to animals, as determined by the Mayor following an investigation; or
(E) Whose financial exploitation of a patient, client, or employer has or will harm the economic welfare of the client, patient, or employer, 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, the right of the licensee, registrant, person certified, or person permitted by this chapter to practice in the District to request a hearing, and legal resources available in the District.
(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; Mar. 26, 2014, D.C. Law 20-96, § 102(p), 61 DCR 1184; Feb. 22, 2019, D.C. Law 22-227, § 101(c), 66 DCR 197; Mar. 16, 2021, D.C. Law 23-205, § 3(e), 68 DCR 000769.)
Prior Codifications1981 Ed., § 2-3305.15.
Section ReferencesThis section is referenced in § 3-1251.09.
Effect of AmendmentsD.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.”
The 2014 amendment by D.C. Law 20-96 added “or to animals” after “health and safety of the public” in (a)(1)(D).
Emergency LegislationFor 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).