Section 19-1528. URBAN APICULTURE: DENIAL, SUSPENSION OR REVOCATION OF REGISTRATION  


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    1528.1The Department may deny, suspend, modify, or revoke the registration issued pursuant to Section 1521, if the beekeeper has:

     

    (a)Threatened the public health, safety, or welfare, or the environment;

     

    (b) Violated or threatened violation of law, and the rules set forth in Sections 1520 to 1527 of this chapter, or the terms and conditions of the registration; or

     

    (c) Made a false statement or misrepresentation material to the issuance, modification, or renewal of a registration.

    1528.2The notice of proposed denial, suspension, modification, or revocation shall be in writing and shall include the following:

     

    (a) The name and address of the beekeeper and the apiary;

     

    (b)A statement of the action or proposed action and the effective date or proposed effective date and duration of the denial, suspension,  modification, or revocation;

     

    (c)The grounds upon which the Department is proposing to deny, suspend, modify, or revoke the registration;

     

    (d)Notice that the beekeeper has a right to request an administrative hearing before the OAH, in accordance with Rules of Practice and Procedure of OAH set forth in Chapter 28 of Title 1 of the District of Columbia Municipal Regulations; and

     

    (e)Information notifying the respondent of any scheduled hearing date or of any actions necessary to obtain a hearing, and the consequences of failure to comply with the suspension or immediate revocation, if applicable.

     

    1528.3The beekeeper shall have fifteen (15) calendar days from the date of service of the notice to deny, suspend, modify, or revoke the registration, to request a hearing with the OAH to show cause why the registration should not be denied, suspended, modified, or revoked.

     

    1528.4The Department may serve a notice of denial, suspension, modification, or revocation in addition to any other administrative or judicial penalty, sanction, or remedy authorized by law.

     

    1528.5The Department shall not reissue a registration to any person whose registration has been revoked until the applicant has submitted a new application, and complies with the requirements in Sections 1520 to 1527.

     

    1528.6An appeal to OAH pursuant to this section shall be subject to the requirements of Section 1530.

     

     

authority

District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)), Sections 211 and 219 of the Sustainable Urban Agriculture Apiculture Act of 2012, effective April 20, 2013 (D.C. Law 19-262; D.C. Official Code §§ 8-1825.01 and 8-1825.09 (2013 Repl.)), as amended by Title IV, Subtitle B of the Sustainable D.C. Omnibus Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-142; 61 DCR 8045 (August 8, 2014)), Mayor’s Order 2015-068, dated February 4, 2015, and Mayor’s Order 2015-191, dated July 23, 2015.

source

Final Rulemaking published at 62 DCR 11540 (August 21, 2015).