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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 22. HEALTH |
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SubTilte 22-C. MEDICAL MARIJUANA |
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Chapter 22-C62. ENFORCEMENT PROCEEDINGS AND HEARINGS |
Section 22-C6204. REQUEST FOR SUSPENSION OR REVOCATION OF REGISTRATION BY CHIEF OF POLICE
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6204.1The Chief of Police may request the suspension or revocation of a cultivation center or dispensary registration if the Chief of Police determines that there is a correlation between increased incidents of crime within one thousand feet (1,000 ft.) of the establishment and the operation of the establishment. The determination shall be based on objective criteria, including incident reports, arrests, and reported crime, occurring within the preceding eighteen (18) months and within one thousand feed (1,000 ft.) of the establishment.
6204.2The Chief of Police may close a cultivation center or dispensary for up to forty-eight (48) hours or two (2) business days, if he or she finds that:
(a)There is an imminent danger to the health and welfare of the public by not doing so; and
(b)There is no immediately available measure to ameliorate the finding in paragraph (a) of this subsection.
6204.3 The Chief of Police shall notify the Director in writing of a closure pursuant to § 6204.2 within twenty-four (24) hours or one (1) business day after taking the action.
6204.4 Within twenty-four (24) hours or one (1) business day after receipt of notification from the Chief of Police of a closure, the Department shall review the matter and determine whether the imminent danger no longer exists and the facility may be reopened, or whether the issuance of a summary suspension action is warranted. In the absence of good cause, the Department shall reopen the cultivation center or dispensary or issue a summary suspension not less than forty-eight (48) hours or two (2) business days following a closure by the Chief of Police.
6204.5A notice, order, decision, or pleading required by this chapter to be served upon a party shall be served upon the party or upon the representative designated by the party or by law to receive service of papers. If a party has appeared through counsel, service may be made upon the counsel of record.
6204.6Service on a registrant shall be directed to the last known address of the registrant on file with the Director or the registrant’s resident agent or attorney, and shall be completed by one (1) of the following methods:
(a)Personal delivery;
(b) Leaving it at the party’s place of business or with the party’s registered agent; or
(c)Certified mail, return receipt requested.
6204.7Proof of service, stating the name and address of the person on who service is made and the manner and date of service, may be shown by one (1) of the following methods:
(a)Written acknowledgement by the party or other person served in accordance with § 6204.6 or by the party’s counsel;
(b) The certificate of the serving party or that party’s counsel; or
(c)A return receipt if service is made by certified mail.
6204.8If service is by personal delivery, it shall be deemed to have been served at the time when delivery is made to the party or other person served in accordance with § 6204.6.
6204.9If service is by certified mail, it shall be deemed to have been made on the date shown on the return receipt showing delivery of the notice to the party or refusal of the party to accept delivery.
6204.10If the party is no longer at the last known address as shown by the records of the Director, and no forwarding address is available, service shall be deemed to have been made on the date the return receipt bearing that notification is received by the Director.
6204.11 A registrant whose cultivation center or dispensary has been closed by the Chief of Police and subsequently summarily suspended by the Department may request an immediate hearing before the Office of Administrative Hearings for the purpose of determining whether the suspension shall continue. The registrant shall file the request with the Office of Administrative Hearings within seventy-two (72) hours after service of the summary suspension notice (receipt required for delivery). The hearing shall be held within seventy-two (72) hours after receiving the request unless otherwise agreed by the parties to be held at a later date.
6204.12 Unless otherwise authorized by the Director, any notice from or to the Director shall be made by personal delivery or sent by certified mail, return receipt requested.
6204.13A request for a hearing under this chapter shall include the following:
(a)A statement of the facts relevant to the review of the action;
(b)A statement of the arguments that the registrant considers relevant to the review of the action; and
(c)Any other evidence considered relevant.
6204.14 If a hearing is timely requested, the proceedings shall thereafter be conducted pursuant to the Office of Administrative Hearings Act, and all further correspondences and notices shall be communicated directly between the Office of Administrative Hearings and the registrant, including notice of the date, time and location of the hearing and the name of the hearing officer.
6204.15Nothing in this subtitle shall be deemed to supersede the service, procedural rules, or other proceedings of a matter that has been filed with and is pending before the Office of Administrative Hearings.
6204.16 The decision rendered by the Office of Administrative Hearings shall be the Final Order in this matter. Either party may seek review of OAH’s decision by the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501- 2-511 (2011 Repl.).
6204.17If the registrant fails to request a hearing, the summary suspension shall continue until the Department finds that the imminent danger no longer exists, or until after a decision on a notice of intent to revoke or suspend the registration becomes final under § 6202.13 or 6202.16.