This section establishes procedural requirements for conducting administrative hearings related to DBH licensure and appeals cases. Hearings must follow the DC Administrative Procedure Act for contested cases, be open to the public, and be held before an Administrative Law Judge at the Office of Administrative Hearings (OAH) under OAH Rules of Practice and Procedure. If OAH is unavailable, the Director must appoint a Hearing Officer to conduct the required hearings.
View official source3818 CONDUCT OF HEARINGS 3818.1 Hearings required by § 3815 and § 3816 shall be conducted in the manner required for contested cases pursuant to the District of Columbia Administrative Procedure Act, and shall be open to the public. 3818.2 Hearings shall be held before an ALJ of the OAH, provided the Director maintains an arrangement with OAH to adjudicate the Department’s licensure and appeals cases. Hearings before OAH shall be held in conformity with OAH Rules of Practice and Procedure. 3818.3 If Department cases are not heard by OAH as provided in § 3818.2, the Director shall appoint a Hearing Officer to conduct hearings required by § 3815 and § 3816. SOURCE: Final Rulemaking published at 65 DCR 1633 (February 16, 2018). District of Columbia Municipal Regulations Mental Health 22-A DCMR § 3818