D.C. Mun. Regs. tit. 22, r. 22-C1003

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 22-C1003 - NOTICE OF CONTEMPLATED ACTION AND HEARING

1003.1

Violation of any provision of the Act or this subtitle may result in a notice of intent to suspend or revoke the qualifying patient's or caregiver's registration identification card, and all lawful privileges under the Act.

1003.2

Except in the case of a summary suspension or revocation, the Board shall give a registrant written notice and an opportunity to have a hearing before the Board prior to taking any final action which would:

(a) Suspend registration; or

(b) Revoke registration.

1003.3

A notice of intent to suspend or revoke shall contain the following:

(a) A statement of the proposed action;

(b) A statement setting forth the reasons for the proposed action, including a specification of any specific violation complained of;

(c) Reference to any particular section of the Act or rules allegedly violated;

(d) A date of both a show cause status and show cause hearing as well as the contact information for the assigned Office of Attorney General attorney; and

(e) A statement that the Board may proceed ex parte in the event that the registrant does not appear for the show cause hearing.

1003.4

A notice, order, decision, or pleading required by this chapter to be served upon a party shall be served upon the party or upon the representative designated by the party or by law to receive service of papers. If a party has appeared through counsel, service may be made upon the counsel of record.

1003.5

Service on a registrant shall be directed to the last known address or e-mail address of the registrant on file with the Board or the registrant's resident agent or attorney, and shall be completed by one (1) of the following methods:

(a) Personal delivery;

(b) Leaving it at the party's usual place of residence with a person of suitable discretion sixteen (16) years of age or older residing there;

(c) Certified mail, return receipt requested; or

(d) Electronic mail where the registrant or their resident agent or counsel has agreed to accept service by electronic means.

1003.6

Proof of service, stating the name and address of the person on whom service is made and the manner and date of service, may be shown by one (1) of the following methods:

(a) Written acknowledgement by the party or other person served in accordance with §§1003.5 or by the party's counsel;

(b) The certificate of the serving party or that party's counsel; or

(c) A return receipt if service is made by certified mail.

1003.7

If service is by personal delivery, it shall be deemed to have been served at the time when delivery is made to the party or other person served in accordance with §§1003.5.

1003.8

If service is by certified mail, it shall be deemed to have been made on the date shown on the return receipt showing delivery of the notice to the party or refusal of the party to accept delivery.

1003.9

If service is by electronic mail, it shall be deemed to have been served on the day and time that the email is sent to the registrant or their resident agent or counsel.

1003.10

If the party is no longer at the last known address as shown by the records of the Board, and no forwarding address is available, service shall be deemed to have been made on the date the return receipt bearing that notification is received by the Board.

1003.11

The decision rendered by the Board shall be the final order in this matter. A party may seek review of the Board's decision with the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act, approved October 21, 1968, (82 Stat. 1204; D.C. Official Code §§ 2-501 et seq.).

D.C. Mun. Regs. tit. 22, r. 22-C1003

Source: Notice of Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Notice of Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10128, 10155; Amended by Final Rulemaking published at 71 DCR 2388 (3/8/2024)

Authority: The Mayor, pursuant to section 14 of the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et. seq. (2011 Supp.)).