amendments relating to review of administrative actions regarding occupations and professions

amendments relating to review of administrative actions regarding occupations and professions Sec. 164. (a) The Act entitled “An Act to regulate the practice of the healing art to protect the public health in the District of Columbia”, approved February 27, 1929, is amended as follows: (1) Section 38 of such Act (D.C. Code. sec. 2–129) is amended to read as follows: “Sec. 38. The Commission may refuse to license or to register any person for any cause that in the judgment of the Commission would authorize suspension or revocation of a license or registration under section 27 of this Act. Before the Commission refuses to lice, use or register any applicant for cause under this section, it shall give him an opportunity to be heard in person or by attorney and to produce witnesses in his behalf. Witnesses may be produced on behalf of the Commission and on behalf of any interested person. The attendance and testimony of witnesses may be compelled by subpena issued by the Superior Court of the District of Columbia, and that court is authorized to issue and enforce the subpenas on petition of the Commission. Any person failing or refusing, without just cause, to appear and testify in response to a subpena, or in any way obstructing the course on any hearing to which he has been subpenaed, is guilty of contempt of court and may be punished as other persons guilty of contempt of court are punished. Any member of the Commission may administer oaths at any hearing. Review of the Commission’s action may be had in accordance with the District of Columbia Administrative Procedure Act (D. C. Code, secs. 1–1501 to 1–1510).” (2) Section 27 of such Act (D.C. Code. sec. 2–123) is amended to read as follows— “Sec. 27. Suspension or revocation by the Commission of any license issued or registration effected under this Act, with respect to a person guilty of misconduct or professionally incapacitated, shall be governed by the District of Columbia Administrative Procedure Act (D.C. Code. sec. 1–1501 to 1–1510).” (b) The Act of July 2, 1940, is amended as follows: (1) Section 11 of such Act (D.C. Code. sec. 2–311) is amended— (A) by striking out all that precedes paragraph (a) and inserting in lieu thereof “The Board may revoke or suspend the license of any dentist in the District of Columbia upon proof satisfactory to the Board—”, and (B) by striking out “the said court” in the last sentence and inserting in lieu thereof “the Board”. (2) The last sentence of section 25 of such Act (D.C. Code. sec. 2–325) is amended to read as follows: “The license of a dentist who permits a dental hygienist, operating under his supervision, to perform any operation other than that permitted under this section, may be suspended or revoked, and the license of the hygienist violating this Act may also be suspended or revoked, in accordance with section 12 of this Act.” (3) Section 12 of such Act (D.C. Code. sec. 2–312) is amended to read as follows: “Sec. 12. Suspension or revocation by the Board of any license issued or registration effected under this Act, with respect to a person guilty of misconduct or professionally incapacitated, shall be governed by the District of Columbia Administrative Procedure Act (D.C. Code. secs. 1–1501 to 1–1510).” 84 Stat. 585 (c) The Act entitled “An Act to amend the Act to regulate the practice of podiatry in the District of Columbia”, approved June 29, 1940, is amended as follows: (1) Section 7 of such Act (D.C. Code. sec. 2–707) is amended— (A) by striking out all that precedes paragraph (a) and inserting in lieu thereof “The Board may revoke or suspend the license of any podiatrist in the District of Columbia upon proof satisfactory to the Board—”, and (B) by striking out “the said court” in the last sentence and inserting in lieu thereof “the Board”. (2) Section 8 of such Act (D.C. Code. sec. 2–708) is amended to read as follows: “Sec. 8. Suspension or revocation by the Board of any license issued or registration effected under this Act, with respect to a person guilty of misconduct or professionally incapacitated, shall be governed by the District of Columbia Administrative Procedure Act (D.C. Code. secs. 1–1501 to 1–1510).” (d) Section 6 of the Act entitled “An Act to define the term of ‘registered nurse’ and to provide for the registration of nurses in the District of Columbia”, approved February 9, 1907 (D.C. Code. sec. 2–407), is amended by striking out all after the first sentence and inserting in lieu thereof “Suspension or revocation by the Nurses’ Examining Board of any license issued or registration effected under this Act, with respect to a person guilty of misconduct or professionally incapacitated, shall be governed by the District of Columbia Administrative Procedure Act (D.C. Code. secs. 1–1501 to 1–1510).” (e) Section 7 of the Act of March 2, 1929 (D.C. Code. sec. 2–406), is amended by striking out “sections 11–742, 17–303, 17–304, 17–305 (b), 17–306, and 17–307 of the District of Columbia Code” and inserting in lieu thereof “the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1–1501 to 1–1510)”, (f) Section 4(d) of the District of Columbia Tissue Bank Act (D.C. Code. sec. 2–253) is amended by striking out “, and may seek review by the United States Court of Appeals for the District of Columbia” and all that follows and inserting in lieu thereof a period. (g) The District of Columbia Practical Nurses’ Licensing Act is amended as follows: (1) Section 15 of such Act (D.C. Code. sec. 2–434) is amended by striking out “, and may seek a review by the United States Court of Appeals” and all that follows and inserting in lieu thereof a period. (2) Section 8(b) of such Act (D.C. Code. sec. 2–427) is amended by striking out “in accordance with the provisions of subsection (c), section 5 of the Act of April 1, 1942 (56 Stat. 193, ch. 207; sec. 11–756(c),D.C. Code, 1951 edition)”. (h) Section 14 of the Physical Therapists Practice Act (D.C. Code. sec. 2–163) is amended by striking out “, and may seek a review by the United States Court of Appeals for the District of Columbia” and all that follows and inserting in lieu thereof a period. (i) The third sentence of section 10 of the Act entitled “An Act to regulate the practice of veterinary medicine in the District of Columbia”, approved February 1, 1907 (D.C. Code. sec. 2–810), is amended by striking out “, as provided by section 11–742, 17–303, 17–304, 17–305(b), 17–306 and 17–307 of the District of Columbia Code”. (j) The second paragraph of section 10 of the Act entitled “An Act to regulate barbers in the District of Columbia, and for other purposes”, approved June 7, 1938 (D.C. Code. sec. 2–1110), is amended by striking out “in the manner provided by sections 11–742, 17–303, 17–304, 17–305(b), 17–306, and 17–307 of the District of Columbia Code”. 84 Stat. 586 (k) The fourth paragraph of section 7 of the Act entitled “An Act to regulate the practice of pharmacy and the sale of poisons in the District of Columbia, and for other purposes”, approved May 7, 1906 (D.C. Code. sec. 2–606), is amended by striking out “, in the manner provided by sections 11–742, 17–303, 17–304, 17–305(b), 17–306 and 17–307 of the District of Columbia Code”. (l) Section 28 of the Act entitled “An Act to provide for the examination and registration of architects and to regulate the practice of architecture in the District of Columbia”, approved December 13, 1924 (D.C. Code. sec. 2–1028), is amended by striking out “, in the manner provided by sections 11–742, 17–303, 17–304, 17–305 (b), 17–306 and 17–307 of the District of Columbia Code”. (m) Section 7 (a) of the Act entitled “An Act to regulate and license pawnbrokers in the District of Columbia”, approved August 6, 1956 (D.C. Code. sec. 2–2007), is amended by striking out “in accordance with the provisions of subsection (c), section 5 of the Act of April 1, 1912 (56 Stat. 193, ch. 207; sec. 11–756(c), D.C. Code, 1951 edition)”. (n) Section 9 of the Professional Engineers Registration Act (D.C. Code. sec. 2–1809) is amended— (1) by amending subsection (e) to read as follows: “(e) Any person aggrieved by the action of the Board may appeal as provided in the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1–1501 to 1–1510).”, and (2) by striking out subsections (f), (g), and (h). (o) Section 9 of the Act of August 25, 1937 (D.C. Code. sec. 45–1409), is amended by striking out “sections 11–742, 17–303, 17–304, 17–305(b), 17–306 and 17–307 of the District of Columbia Code” and inserting in lieu thereof “the District of Columbia Administrative Procedure Act (D.C. Code. secs. 1–1501 to 1–1510)”. (p) Paragraph 42 of section 7 of the Act of July 1, 1902 (D.C. Code. sec. 47–2101), is amended by striking out “sections 11–742, 17–303, 17–304, 17–305(b), 17–306 and 17–307 of the District of Columbia Code” and inserting in lieu thereof “the District of Columbia Administrative Procedure Act (D.C. Code. secs. 1–1501 to 1–1510)”.