D.C. Mun. Regs. tit. 22, r. 22-C6203

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

Rule 22-C6203 - NOTICE OF SUMMARY SUSPENSION OR SUMMARY REVOCATION ACTION AND HEARING

6203.1

Violation of the Act or this subtitle may result in the summary suspension or summary revocation of a cultivation center's, dispensary's, or testing laboratory's registration.

6203.2

If the Board determines, after investigation, that the operations of a cultivation center, dispensary, or testing laboratory present an imminent danger to the health and safety of the public, the Board may summarily suspend, revoke, or restrict, without a hearing, the registration of the cultivation center, dispensary, or testing laboratory.

6203.3

The Board may also summarily suspend, revoke, or restrict a cultivation center, dispensary, or testing laboratory registration when:

(a) The establishment has been the scene of an assault on a police officer, ABCA investigator, other government inspector or investigator, or other governmental official, who was acting in his or her official capacity;

(b) The establishment is in violation of the District of Columbia Controlled Substances Act or Chapter 11 of Title 48 of the District of Columbia Official Code; or

(c) A registered person from the dispensary assaults a qualifying patient or caregiver at the registered premises.

6203.4

A notice of summary suspension or revocation shall contain the following:

(a) A statement that operations must cease immediately, with the exception of necessary tending requirements by cultivation centers;

(b) A statement that the dispensary, cultivation center, or testing laboratory must submit to an immediate inventory of all medical marijuana items on the premises by ABCA investigators;

(c) A statement that the dispensary, cultivation center, or testing laboratory must surrender all registration cards and permits associated with the dispensary, cultivation center, or testing laboratory to the Board within twenty-four (24) hours of receiving the summary suspension notice;

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

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

(f) A statement that the registrant may request an immediate hearing before the Board for the purpose of determining whether the suspension shall continue. The registrant shall file the request with the Board within three (3) business days after service of a notice of a summary suspension, revocation, or restriction of the registration. The Board shall hold a hearing within two (2) business days of receipt of a timely request unless otherwise agreed by the parties to be held at a later date. The Board shall issue a decision within three (3) business days after the hearing.

(g) A person aggrieved by a final summary action may file an appeal with the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act, effective October 21, 1968 (82 Stat.1204; D.C. Official Code §§ 2-501 et seq.).

6203.5

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.

6203.6

Service on a registrant shall be directed to the last known 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 place of business or with the party's registered agent; or

(c) Certified mail, return receipt requested.

6203.7

Proof of service, stating the name and address of the person on who 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 §§6203.6 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.

6203.8

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 §§ 6203.6.

6203.9

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.

6203.10

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.

6203.11

A registrant whose registration has been summarily suspended may request an immediate hearing before the Board within three (3) business days for the purpose of determining whether the suspension shall continue. The registrant shall file the request with the Board within three (3) business days after receiving the notice. The hearing shall be held by the Board within two (2) business days after receiving the request unless otherwise agreed by the parties to be held at a later date.

6203.12

Unless otherwise authorized by the Board, any notice from or to the Board shall be made by personal delivery or sent by certified mail, return receipt requested.

6203.13

A request for a hearing under this chapter shall include the following:

(a) A statement of the facts relevant to the review of the action;

(b) A statement of the arguments that the respondent considers relevant to the review of the action; and

(c) Any other evidence considered relevant.

6203.14

If the registrant fails to request a hearing within the time and in the manner specified in the notice, the summary suspension shall continue until after a finding by the Board that the imminent danger no longer exists, or until after a decision on a notice of intent to revoke or suspend the registration becomes final under §§6202.13 or 6202.16.

6203.15

If a hearing is timely requested, the proceedings shall thereafter be conducted pursuant to Chapter 17 of Title 23 of the DCMR.

6203.16

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

D.C. Mun. Regs. tit. 22, r. 22-C6203

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, 10230 (December 2, 2011); 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.)).