This section establishes the procedures for serving official notices from the Director to Mental Health Community Residential Facilities (MHCRFs), including notices to deny, suspend, convert, or revoke a license. MHCRFs must provide a valid email address and consent to receive official correspondence electronically. Failure to respond or appeal within the allotted time waives appeal rights, and failure to appear at a scheduled hearing may result in a decision being rendered in the facility's absence.
View official source3817 SERVICE OF NOTICE 3817.1 Any formal notice issued by the Director, including any notice or order to deny, suspend, convert, deny renewal of or to revoke a license, and any notice of appeal rights or notice of a hearing shall be served: (a) By personal service; or (b) Electronic mail. 3817.2 If notice is served personally, it shall be effective when delivery is made personally to the MHCRF or its authorized agent. 3817.3 Each MHCRF granted a license shall provide a valid electronic mail address and consent to receive official correspondence, including licensing notices and infractions, at the electronic mail address. 3817.4 A MHCRF that fails to respond to or appeal any notice within the allotted time waives any right to appeal or contest the notice. If a MHCRF that has been served does not appear for a scheduled hearing and no continuance has been granted, the Administrative Law Judge or Hearing Officer may proceed to hear evidence, consider the matter, and render a decision on the basis of the evidence available. SOURCE: Final Rulemaking published at 65 DCR 1633 (February 16, 2018). District of Columbia Municipal Regulations Mental Health 22-A DCMR § 3817