Section 24-1501. NOTICE OF ACTION OR INTENDED ACTION

 

1501.1 The President of WHS or his or her designee shall send written notice by certified mail, return receipt requested, to the owner of the animal, within three (3) days of WHS taking possession of the animal under D.C. Official Code § 22-1004(b)(1).

 

1501.2 The President or his or her designee shall send the written notice to:

 

(a) The owner’s residential address, if known;

 

(b) The owner’s business address, if known and the owner’s residential address cannot be determined; or

 

(c) The address where the seizure took place, if neither the last known residential address nor the last known business address can be determined.

 

1501.3 The written notice shall include:

 

(a) A statement setting forth the action WHS intends to take or has taken;

 

(b) A brief description of the facts underlying the action or proposed action, including the time, place and issues involved;

 

(c) The specific statute, regulation, rule, or policy supporting the action;

 

(d) An explanation of the right to and method for requesting a hearing, including the name to whom a request for a hearing shall be directed, the proper means of contacting that individual, and the deadline for making the request;

 

(e) An explanation of the right to be represented by legal counsel or by an individual who is not a lawyer, at the owner’s own expense, or to represent himself or herself. A representative shall not be a WHS employee or a District employee whose work assignment includes investigation or adjudicating the District’s animal cruelty or animal control laws or regulations;

 

(f) An explanation of the right to present documents and witnesses in support of the appeal;

 

(g) An explanation of the right to examine the case record; and

 

(h) A statement that if the respondent is deaf or cannot readily understand or communicate the English language, he or she may apply to WHS for the appointment of a qualified interpreter.

 

authority

Section 4(c)(1) of An Act to prevent cruelty to children or animals in the District of Columbia, and for other purposes, approved June 25, 1892 (27 Stat. 61; D.C. Official Code § 22-1004(c)(1)), and Mayor’s Order 1988-16, dated January 22, 1988.

source

Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Final Rulemaking published 56 DCR 2374 (March 27, 2009).