District of Columbia Administrative Code

1700 GENERAL PROVISIONS 1700.1 This chapter shall apply to athlete agents as defined in this chapter and D.C. Official Code §§ 47-2887 et seq. (2002 Supp.). 1700.2 Authority: The Uniform Athlete Agents Act of 2002, effective April 13, 2002 (D.C. Law 14-107; D.C. Official Code §§ …

1701 REGISTRATION AS ATHLETE AGENT REQUIRED; VOID CONTRACTS 1701.1 Except as otherwise provided in § 1701.4, individuals are not permitted to act as an athlete agent in the District of Columbia without holding a certificate of registration. 1701.2 To qualify for registration an a…

1702 RENEWAL OF REGISTRATION AND LICENSURE 1702.1 An athlete agent may apply to renew a registration by submitting an application for renewal. The applicant must sign the application under the penalty of perjury and must contain all matters required in the original registration. …

1703 SUSPENSION, REVOCATION, OR REFUSAL TO RENEW REGISTRATION 1703.1 The Director may deny, suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under § 1701.8 of this chapter. 1703.2 The Director may deny, suspend, revok…

1704 TEMPORARY REGISTRATION 1704.1 The Director may issue a temporary certificate of registration to an applicant while an application for registration or renewal of registration is pending review. SOURCE: Final Rulemaking at 50 DCR 9549 (November 14, 2003).

1705 REGISTRATION AND RENEWAL FEES 1705.1 The appropriate fee as established by the Director must accompany an application for registration or renewal. Athlete Agent Registration Fee Schedule (2003) (a) Initial Registration - four hundred dollars ($400); (b) Renewal of Registrati…

1706 REQUIRED FORM OF CONTRACT 1706.1 An agency contract must be in writing and signed or otherwise authenticated by the parties. 1706.2 An agency contract must state or contain the following: (a) The amount and method of calculating the consideration to be paid by the student- a…

1707 NOTICE TO EDUCATIONAL INSTITUTION 1707.1 Within seventy-two (72) hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall notify, in writing, the ath…

1708 STUDENT-ATHLETE'S RIGHT TO CANCEL 1708.1 A student-athlete may cancel an agency contract by giving written notice of the cancellation to the athlete agent in a record within fourteen (14) days after the contract is signed. 1708.2 A student-athlete may not waive the right to …

1709 REQUIRED RECORDS 1709.1 An athlete agent shall retain the following records for a period of five (5) years: (a) The name and address of each individual represented by the athlete agent; (b) Any agency contract entered into by the athlete agent; and (c) Any direct costs incur…

1710 PROHIBITED CONDUCT 1710.1 An athlete agent, with the intent to induce a student-athlete to enter into an agency contract, may not: (a) Give any materially false or misleading information or make a materially false promise or representation; (b) Furnish anything of value to a…

1711 ENFORCEMENT; CRIMINAL PENALTIES; PROSECUTION BY THE CORPORATION COUNSEL 1711.1 An athlete agent that violates § 1710 of this chapter is guilty of a misdemeanor and, upon conviction, is punishable by maximum fine of ten thousand dollars ($10,000) or imprisonment for six (6) m…

1712 CIVIL REMEDIES 1712.1 Educational Institutions have a private right of action against an athlete agent or a former student-athlete for damages caused by a violation of this chapter. In any action under this section, the court may award to the prevailing party costs and reaso…

1713 ADMINISTRATIVE PENALTIES 1713.1 The Director may issue a reprimand and/or assess a civil penalty against an athlete agent not to exceed twenty five thousand dollars ($25,000) per occurrence for violations of this chapter. SOURCE: Final Rulemaking at 50 DCR 9549 (November 14,…

1714 AGENT FOR SERVICE OF PROCESS 1714.1 By acting as an athlete agent in the District of Columbia, a nonresident individual consents to the jurisdiction of the courts of the District of Columbia and appoints the Director as the individual's agent for service of process in any ci…

1715 REFERRAL FOR PROSECUTION OF PERSONS COMMITTING CERTAIN OFFENSES 1715.1 A District employee shall inform the Director if the employee has good cause to believe that a person has committed one of the following offenses in connection with an application for a registration under…

1716 COMPLAINTS: INVESTIGATIONS 1716.1 The Director, upon the receipt of a complaint submitted in accordance with § 1716.2, shall investigate a registrant if the facts alleged in the complaint, if proven, would constitute sufficient grounds for disciplinary action. 1716.2 A perso…

1717 NOTICE OF INTENDED ACTION AND OPPORTUNITY FOR A HEARING 1717.1 The Director shall give the holder of the registration, or applicant for a registration (except a temporary registration), or a person possessing a privilege to act as an Athlete Agent in the District, notice of …

1718 FAILURE TO REQUEST A HEARING OR FAILURE TO APPEAR 1718.1 If a respondent who was sent a notice of a proposed action pursuant to § 1717 of this chapter does not mail or deliver a request for a hearing within the time and in the manner required under that section, the Director…

1719 HEARING NOTICE PROCEDURES 1719.1 If a respondent requests a hearing, the Director shall, within twenty (20) days following receipt of the request, notify the respondent of the date, time, and place of the hearing. 1719.2 The Director shall hold the hearing not less than twen…

1720 SERVICE 1720.1 A notice, pleading, order, or decision required by this chapter to be served on a respondent shall be served on the respondent or representative designated by the respondent or by law to receive service of papers. If a respondent has appeared through counsel, …

1721 REPRESENTATION 1721.1 A respondent may be represented by an attorney who is an active member of the District of Columbia Bar. 1721.2 In a particular case, the Director or the Hearing Examiner may permit an attorney who is an active member of the Bar of another jurisdiction o…

1722 SUBPOENAS 1722.1 The Mayor, Corporation Counsel, or Director may issue subpoenas to compel witnesses to appear and testify and for any material that is relevant to the administration of this chapter. 1722.2 Subpoenas shall be issued in the name of the Mayor of the District o…

1723 MOTIONS AND OTHER PLEADINGS 1723.1 Except by leave of the Hearing Examiner during a hearing, an application for an order or other relief shall be made by written motion. A motion shall state with particularity the grounds on which it is based and shall clearly set forth the …

1724 SETTLEMENT CONFERENCES 1724.1 The Director may, in his or her discretion, request a respondent against whom an action is proposed to attend a settlement conference. 1724.2 The parties may agree to hold a settlement conference. 1724.3 If a respondent agrees to attend a settle…

1725 CONDUCT OF HEARINGS 1725.1 Hearings shall be open to the public. 1725.2 In connection with any hearing held pursuant to this chapter, the Hearing Examiner shall have the following powers: (a) To request the Director appoint a representative to present the Department's case a…

1726 EVIDENCE AT THE HEARING 1726.1 All testimony at a hearing before a Hearing Examiner shall be under oath or affirmation. 1726.2 If any part of the record in any other proceeding previously held before a Hearing Examiner, or part of the record in any criminal or civil action, …

1727 BURDEN OF PROOF 1727.1 In a hearing resulting from a proposed action under § 1717.1 of this chapter, the District shall have the burden of proving, by a preponderance of the evidence, that the action should be taken. 1727.2 In a hearing resulting from a proposed action under…

1728 CONDUCT OF PARTIES AND COUNSEL AT THE HEARING 1728.1 The parties at a hearing shall maintain decorum and good order at all time. A Hearing Examiner may exclude or have removed from the hearing room any person violating an order of the Hearing Examiner. 1728.2 The Hearing Exa…

1729 THE HEARING EXAMINER 1729.1 The Director shall appoint an Administrative Law Judge, attorney examiner, or Hearing Examiner to conduct a hearing pursuant to § 103(c) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 …

1730 RECORD OF A HEARING 1730.1 In a hearing conducted pursuant to this chapter, a Hearing Examiner shall make a complete record of all evidence presented during a hearing. 1730.2 A Hearing Examiner shall make a transcript of a hearing on a proposed action specified in § 1717.1 o…

1731 RECONSIDERATION 1731.1 A respondent may file with a Hearing Examiner a petition for reconsideration or reopening a hearing within fifteen (15) days after the date of the service of the decision on that party. The petitioner shall serve a copy of the petition on each party. 1…

1732 JUDICIAL REVIEW; RECORD ON APPEAL 1732.1 A party aggrieved by a final decision of the Director may seek review of the decision by the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act (D.C. Official Code § 2-501 et…

1733 ADMINISTRATIVE APPEALS TO THE DIRECTOR OF A DECISION OF AN ADMINISTRATIVE LAW JUDGE 1733.1 This section shall apply to appeals to the Director from decisions of Hearing Examiners by persons found to have committed an infraction involving a violation of an Act listed in § 330…

1734 COMPUTATION OF TIME 1714 1 In computing any period of time specified in this chapter, the day of the act, event, or default shall not be counted, and the last day of the period shall be counted unless it is not a business day, in which event the time period shall continue un…

1735 DEFINITIONS For the purposes of this chapter, the following terms have the meanings ascribed: Administrative Law Judge (ALJ) - a Hearing Examiner authorized to hear cases pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective O…

1800 APPLICABILITY 1800.1 This chapter applies to applicants for licenses and licensed professional design firms. 1800.2 Chapters 19 (Landscape Architects), 32 (Interior Designers), 33 (General Rules: Funeral Directors, Veterinarians, Interior Designers and Real Estate Appraisers…

1801 APPLICATION FOR A LICENSE AS A PROFESSIONAL DESIGN FIRM 1801.1 Each applicant for a license as a Professional Design Firm in the District of Columbia shall duly file with the Board an application on a form prescribed and provided by the Board. 1801.2 Each application shall b…

1802 ISSUANCE AND DISPLAY OF LICENSE 1802.1 The Director shall issue a license to a firm, franchise, partnership, association, or corporation if the Board determines that it is in compliance with D.C. Official Code § 47-2853.65 and this chapter. 1802.2 The Director shall issue a …

1803 TERM OF LICENSE 1803.1 All licenses issued prior to April 30, 2021, pursuant to this chapter, shall be valid from the date of issuance until April 30, 2021. All licenses issued thereafter shall be valid from the date of issuance until April 30 of each odd-numbered year. 1803…

1804 REQUIRED NOTIFICATIONS 1804.1 A licensee shall notify the Board of the admission or withdrawal of a member or shareholder within thirty (30) days of the occurrence. 1804.2 The notice required by § 1804.1 shall: (a) Be signed by a registered partner, officer, shareholder, mem…

1805 STANDARDS OF PRACTICE 1805.1 In the provision of professional design services, a professional design firm shall be subject to the applicable rules of professional conduct and any standards of practice established in Chapters 19 (Landscape Architects), 32 (Interior Designers)…

1899 DEFINITIONS 1899.1 When used in this chapter, the words and phrases set forth in this section shall have the following meanings: Act - The Non-Health Related Occupations and Professions Licensure Act of 1998, effective April 20, 1999 (D.C. Law 12-261; D.C. Official Code §§ 4…

1900 APPLICABILITY 1900.1 This chapter applies to applicants for landscape architect licenses and licensed landscape architects. 1900.2 Chapter 33 (General Rules: Funeral Directors, Veterinarians, Interior Designers and Real Estate Appraisers) of this title supplements this chapt…

1901 APPLICATIONS FOR LICENSURE 1901.1 Each applicant for a license as a landscape architect in the District of Columbia shall duly file with the Board an application on a form prescribed and provided by the Board. 1901.2 Each application shall be sworn to or affirmed before a no…

1902 QUALIFICATIONS FOR LICENSURE 1902.1 To be eligible for licensure as a landscape architect, an applicant: (a) Shall be at least eighteen (18) years of age; (b) Shall be of good moral character; (c) Shall not have been convicted of an offense that bears directly on the applica…

1903 EXAMINATION REQUIREMENTS 1903.1 If an applicant holds a baccalaureate degree in landscape architecture from a program accredited by the Landscape Architectural Accreditation Board (LAAB) or the Canadian Society of Landscape Architects Accreditation Council (CSLAAC), he or sh…

1904 LICENSURE BY CERTIFICATION, RECIPROCITY OR ENDORSEMENT 1904.1 The Board shall waive the examination requirement for an applicant when the applicant holds a current and valid certification issued by the Council of Landscape Architectural Registration Boards (CLARB), or other …

1905 ISSUANCE AND DISPLAY OF LICENSE 1905.1 The Director shall issue a license to any applicant who has met the requirements of the Act and this chapter. 1905.2 The Director shall issue a license only for the individual named as applicant in the application. The license is not as…

1906 TERM OF LICENSE 1906.1 All licenses issued prior to April 30, 2021, pursuant to this chapter, shall be valid until April 30, 2021. All licenses issued thereafter shall be valid from the date of issuance until April 30 of each odd-numbered year. 1906.2 The Director may change…