D.C. Mun. Regs. tit. 23, r. 23-1600

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 23-1600 - GENERAL PROVISIONS

1600.1

The provisions of this chapter shall govern the following items:

(a) Roll call hearings, mediations, or status hearings regarding the issuance, transfer, or renewal of a license, or the making of substantial changes to a licensee's business operations under authority of the Act;

(b) Protest hearings regarding the issuance, transfer or renewal of a license, or the making of substantial changes to a licensee's business operations under authority of the Act;

(c) Fact finding hearings on any matter governed by the Act regarding an applicant for a license or a licensee; and

(d) Show cause hearings, summary suspension hearings or summary revocation hearings regarding the revocation or suspension of a license issued under the Act.

1600.2

The Board may, for good cause shown and in the interest of justice or to prevent hardship, waive any provision of this chapter which is not required by the Act in any proceeding after duly advising the parties of its intention to do so.

1600.3

The following hearings held before the Board shall be considered to be contested cases:

(a) Protest hearings;

(b) Show cause hearings;

(c) Summary suspension or summary revocation hearings;

(d) Cease and desist hearings;

(e) Contested fact finding hearings in which the Board may suspend or revoke one's license;

(f) Temporary Operating Retail Permit revocation hearings; and

(g) Qualifications hearings.

1600.4

The following hearings held before the Board shall not be considered to be contested cases:

(a) Uncontested fact finding hearing, including the request to extend a license safekeeping; and

(b) Moratorium hearings and other rulemaking hearings.

1600.5

The provisions of this chapter are intended to be consistent with the District of Columbia Administrative Procedure Act (D.C. Official Code §§ 2-501et seq.). If there is any conflict between this chapter and the District of Columbia Administrative Procedure Act, the District of Columbia Administrative Procedure Act shall govern.

1600.6

If there is any conflict within this chapter, provisions of specific application shall supersede those of general application.

D.C. Mun. Regs. tit. 23, r. 23-1600

Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008); amended by Final Rulemaking published at 63 DCR 3727 (3/16/2016); amended by Final Rulemaking published at 67 DCR 14482 (12/11/2020)

AUTHORITY: D.C. Code § 25-351