District of Columbia Administrative Code

1205 PUBLICITY AND ADVERTISING 1205.1 Copies for all advertising used by a proprietary school, including transcripts of radio and television commercials, shall be submitted to the Commission upon its request. 1205.2 Foreign language advertising shall be submitted accompanied by a…

1206 AUTHORIZED AGENTS 1206.1 No person shall act as an agent for a proprietary school located in the District or elsewhere, without having first obtained an agent's permit from the Department. 1206.2 Each agent representing a proprietary school shall make application to the Depa…

1207 AGENT'S SURETY BOND 1207.1 No agent's permit (or renewal permit) shall become effective until the applicant for the permit has filed with the Department a corporate surety bond or other security approved by the Department. 1207.2 The corporate surety bond shall be payable to…

1208 AGENT'S IDENTIFICATION CARDS 1208.1 The Department, upon approval of an application for an agent's permit, shall prepare and deliver to each agent an identification card which shall contain the name and address of the agent and the employing school, and shall certify that th…

1209 DENIAL, SUSPENSION, OR REVOCATION OF LICENSES AND PERMITS 1209.1 The Department may refuse to issue, or to renew, or may revoke or suspend the license of a proprietary school or the permit of an agent for any of the following reasons: (a) Willful violation of any provision o…

1210 NOTICE AND HEARINGS 1210.1 If the Department determines that there are grounds for denial, suspension, or revocation of a proprietary school license or agent's permit under this chapter, the Department shall first serve upon the applicant or licensee a written notice specify…

1211 REFUND POLICIES 1211.1 Each school shall furnish the Department with a schedule of its tuition and fees and its prepaid tuition plan and refund policy. 1211.2 Each student shall be provided seventy-two (72) hours to rescind any contract and repayment of all fees and tuition.…

1212 CREDIT TRANSACTIONS 1212.1 A school shall not use any contract provision, oral or written representation, or other device or means to deny or abridge the benefits of any applicable Federal or District law intended to protect consumers or credit purchasers. 1212.2 A school sh…

1213 ENFORCEMENT AND PENALTIES 1213.1 Any person violating any provision of this chapter shall, upon conviction, be fined not more than three hundred dollars ($ 300) or imprisoned for not more than ninety (90) days. 1213.2 If any provision of this chapter is adjudged unconstituti…

1299 DEFINITIONS 1299.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Agent - a person employed by a proprietary school, whether such school is located within or outside the District, who solicits in the District students or enrollee…

1300 GENERAL PROVISIONS 1300.1 The provisions of this chapter are adopted under the authority of § 11 of Pub. Law 85-87, the "District of Columbia Charitable Solicitation Act," 71 Stat. 281 (D.C. Code § 2-170 (1981 Ed.)), which is also referred to in this chapter as the "Act." 13…

1301 EXEMPTION OF SMALL SOLICITATIONS 1301.1 Under the authority of § 4(d) of the Act [ HYPERLINK "https://1.next.westlaw.com/Link/Document/FullText?findType=L&pubNum=1000869&cite=DCCODES44-1703&originatingDoc=N4627C4E0FBD911DE896094832BE52358&refType=SP&originationContext=docume…

1302 EXEMPTION OF MEMBERSHIP AND WORKFORCE SOLICITATIONS 1302.1 The provisions of this chapter and §§ 4(a), 5, 6, 7, and 9 of the Act (D.C. Official Code §§ 44-1703(a), 44-1704, 44-1705, 44-1706, and 44-1708 (2001 Ed.)) shall not be applicable to any solicitation which meets the …

1303 EXEMPTION OF RELIGIOUS AND EDUCATIONAL SOLICITATIONS 1303.1 No person claiming exemption under the authority of § 4(b) of the Act [D.C. Official Code § 44-1703(b) (2001 Ed.)] shall solicit contributions until after that person has filed with the Director the proof of exempti…

1304 CERTIFICATES OF REGISTRATION 1304.1 Application for a certificate of registrations, under the provisions of § 4 of the Act [D.C. Official Code § 44-1703(a) (2001 Ed.)] shall be made in accordance with the provisions of this section. 1304.2 Each application for a certificate …

1305 ISSUANCE OR DENIAL OF CERTIFICATES OF REGISTRATION 1305.1 Upon the filing of an application, the Director may investigate or cause to be investigated the statements contained in the application. 1305.2 The Director is authorized to deny a certificate of registration to an ap…

1306 SOLICITOR INFORMATION CARDS 1306.1 Each registrant and each applicant for a certificate of registration shall make application to the Director for the number of solicitor information cards that will be required to conduct the solicitation. 1306.2 At the request of persons ex…

1307 DISPLAY OF SOLICITOR INFORMATION CARDS 1307.1 A solicitor information card may be displayed in any manner that the registrant or the individual solicitor desires, but the card shall be produced or displayed whenever any solicitation is made, and the person solicited shall be…

1308 DENIAL, SUSPENSION, OR REVOCATION OF REGISTRATION 1308.1 Whenever the Director finds, after notice and hearing as required by this section, that a person to whom a certificate of registration has been issued has violated or is violating any of the provisions of the Act or th…

1309 APPEAL OF DENIAL, SUSPENSION, OR REVOCATION OF REGISTRATION 1309.1 An appeal from any decision of the Director denying, suspending, or revoking a certificate of registration may be taken to the Office of Administrative Hearings by the applicant or registrant not later than t…

1310 ADMINISTRATION AND ENFORCEMENT 1310.1 The Director shall perform the functions vested in the Mayor by the Act, unless the Act or this chapter specifically requires performance of a function by a District official other than the Director. 1310.2 The Director may investigate o…

1311 APPOINTMENT OF ATTORNEY-IN-FACT 1311.1 Each non-resident applicant for a certificate of registration, each non-resident registrant, and each resident applicant or registrant who or which becomes a non-resident, shall be deemed to have appointed the Director as his or her age…

1399 DEFINITIONS 1399.1 The terms and phrases used in this chapter shall have the meaning ascribed to them in § 2 of the Act (D.C. Official Code § 44-1701 (2001 Ed.)). 1399.2 In addition, when used in this chapter, the following terms and phrases shall have the meanings ascribed:…

1400 PURPOSE AND SCOPE 1400.1 The purpose of this chapter is to establish administrative rules and procedures for the implementation of the Automobile Consumer Protection Act of 1984 (Act). AUTHORITY: Unless otherwise noted, the authority for this chapter is § 10 of the Automobil…

1401 BOARD OF CONSUMER CLAIMS ARBITRATION 1401.1 The chairperson shall have the authority to sign any official document issued on behalf of the Board. 1401.2 The Board shall meet as often as required to fulfill its responsibilities as set forth in the Act. 1401.3 Four (4) members…

1402 FILING OF ARBITRATION CLAIMS 1402.1 Each claim for arbitration shall be filed at the Department of Consumer and Regulatory Affairs on Board approved complaint forms Monday through Friday, except legal holidays, from 8:30 a.m. until 4:30 p.m. 1402.2 A consumer may elect oral …

1403 FILING DOCUMENTS 1403.1 Each document, in addition to the complaint form, shall be signed and filed at the DCRA. 1403.2 Each document shall be filed Monday through Friday, except legal holidays, from 8:30 a.m. until 4:30 p.m. 1403.3 Each document, other than a form, shall be…

1404 SELECTION OF ARBITRATION PANEL 1404.1 The Board, after accepting a claim for arbitration, shall determine the composition of the arbitration panel. 1404.2 The Board, in the notice of acceptance, shall give each party the names of the arbitrators of the proposed panel and inf…

1405 CONDUCT OF ORAL ARBITRATION HEARINGS 1405.1 Each arbitration hearing shall take place at the office of the DCRA or at any other place designated in a notice published in the D.C. Register. 1405.2 Each arbitration hearing shall be open to the public. 1405.3 The panel shall no…

1406 CONDUCT OF DOCUMENTARY ARBITRATION HEARINGS 1406.1 If the complainant elects a documentary arbitration procedure, the Board shall gather and disseminate the documentary information and evidence in accordance with the procedures under this section. 1406.2 The Board shall noti…

1409 TECHNICAL EXPERTS 1409.1 Each party may recommend the names of candidates for inclusion within a pool from which the panel select the technical expert(s). 1409.2 The technical expert shall sign a written oath attesting to his or her impartiality before the beginning of each …

1410 RECORDING OF ARBITRATION HEARING 1410.1 Each arbitration hearing shall be recorded. 1410.2 At the close of any arbitration hearing, any party may file a request for a written transcript of the hearing. 1410.3 The party requesting a written transcript shall be charged for the…

1411 SUBPOENAS 1411.1 Pursuant to §4(o), D.C. Law 5-162, the Board may issue a subpoena for the attendance of a witness and for the production of books, records, documents, and other evidence. 1411.2 Any party may serve a subpoena upon any other party, witness or person holding r…

1414 DECISIONS OF THE ARBITRATION PANEL 1414.1 Each decision of an arbitration panel shall be in writing and in the name of the Board. 1414.2 Each decision shall be rendered no later than sixty (60) days from the date the Board mailed the notice of acceptance. The period between …

1415 PRE-DECISION SETTLEMENTS 1415.1 A party shall notify DCRA if the dispute is settled after the filing and before the decision is rendered. 1415.2 The DCRA shall verify the terms of the settlement and the date for performance agreed upon, if applicable, and shall obtain a stat…

1416 COMPUTATION OF TIME 1416.1 In computing the periods of time under this chapter, the day of the act or event from which the time period begins to run shall not be counted. The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday, in which…

1420 DISCLOSURE OF RIGHTS TO NEW VEHICLE PURCHASERS 1420.1 The manufacturer, its agent, or authorized dealer shall provide written notification as prescribed in §1420.2 to the prospective consumer of any motor vehicle to be sold or registered in the District of Columbia. 1420.2 T…

1421 DISCLOSURE OF DAMAGE OR DEFECT OF USED MOTOR VEHICLES 1421.1 A motor vehicle dealer shall provide each prospective consumer of a used motor vehicle offered for sale written notice of any material mechanical defect in the motor vehicle and any damage sustained by the motor ve…

1499 DEFINITIONS 1499.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Complete complaint - a signed complaint, together with all the other necessary documents and agreements as defined in §§1402.2 and 1402.8. Panel - one or more arbi…

1500 COMPLAINTS 1500.1 All complaints shall be filed with the Department of Consumer and Regulatory Affairs (DCRA), Office of Compliance, Complaint Division. The complaint shall be in writing or reduced to writing by the Director. 1500.2 The complaints filed with DCRA shall be re…

1501 COMPLAINT DIVISION MEDIATION 1501.1 If an illegal trade practice has been alleged, the Complaint Division shall attempt to contact the respondent in an effort to settle the dispute through mediation. 1501.2 If mediation fails, the Complaint Division shall transmit the case f…

1502 DIVISION OF INVESTIGATION REFERRALS 1502.1 The Division of Investigation shall review and investigate cases referred by the Complaint Division to further substantiate trade practice violations and other statutory violations. 1502.2 Upon completion of its investigation, the D…

1503 DIVISION OF ENFORCEMENT REFERRALS 1503.1 The Division of Enforcement shall review referrals from the Division of Investigation for legal and factual sufficiency. 1503.2 If the Division of Enforcement determines that factual information contained in a case file supports a vio…