Section 16-1602. NOTICE AND HEARING

 

1602.1Concurrent with an order issued by the Director, pursuant to this chapter, revoking a licensee’s license or sealing any premises, the Director shall post at the premises and serve on the licensed or unlicensed establishment, a written notice and order stating:

 

(a) The specific action or actions being taken;

 

(b) The factual and legal bases for the action or actions;

 

(c) The right, within seventy-two (72) hours of service of the notice, to request a hearing with the Office of Administrative Hearings;

 

(d) The right, within seventy-two (72) hours of a timely request being received by the Office of Administrative Hearings, to a hearing before an administrative law judge; and

 

(e) If the premises are ordered sealed, that it shall be unlawful for any person to enter the sealed premises for any purpose without written permission of the Director.

 

1602.2For purposes of this section, notice shall be deemed to have been served:

 

(a)On a licensed establishment, if delivered to the registered agent’s address of record, during normal business hours; or

 

(b)On an unlicensed establishment, if delivered to the property owner of record pursuant to the provisions of D.C. Official Code § 42-3131.03.

 

 

authority

D.C. Official Code § 47-2844 (a-1) and Mayor’s Order 09-163, dated September 25, 2009; section 105 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.05)(2007 Rpl.) and Mayor’s Order 99-68, dated April 28, 1999; and D.C. Official Code § 47-2851.20

source

Notice of Final Rulemaking published at 56 DCR 8837 (November 13, 2009).