Section 24-1509. FINAL DECISION OF WHS PRESIDENT

 

1509.1The President or his or designee shall prepare a final written decision within five  (5) days after the hearing, which shall be mailed to the respondent within three (3)  days after the decision. The President or her designee may also call the  respondent to inform him or her of the decision.

 

1509.2The decision shall:

(a)  Be based solely upon the record;

 

(b)  Make final determinations whether:

 

(1)  The animal was subject to neglect or cruelty at the time of the  seizure;

 

(2) The animal would be subject to ongoing neglect or cruelty if the owner of the animal regained custody and if so, whether there are any conditions that the owner can satisfy to protect the animal from ongoing neglect or cruelty; and

 

(3) The expenses undertaken by WHS during the custodial period were reasonably necessary to maintain the health of the animal, if WHS intends to collect expenses from the owner as authorized pursuant to D.C. Official Code § 22-1004.

 

(c) Be supported by, and in accordance with, reliable, probative, and substantial evidence; and

 

(d) Inform the respondent of his or her right to appeal the decision pursuant to § 1513.

 

1509.3Consistent with confidentiality requirements, WHS shall prepare periodic compilations of fair hearing decisions and shall make them accessible to the public. The compilations shall not include any identifying information about the owner of the animal.

 

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).