Section 25-A4700. CRITERIA FOR SEEKING REMEDIES - CONDITIONS WARRANTING REMEDY

 

4700.1The Department may seek an administrative or judicial remedy to achieve compliance with the provisions of this Code if a person operating a food establishment or food employee:

 

(a)Fails to have a valid license to operate a food establishment as specified in  § 4300;

 

(b)Violates any term or condition of a license as specified in § 4310; 

 

(c)Allows serious or repeat Code violations to remain uncorrected beyond  time frames for correction approved, directed, or ordered by the  Department as specified in §§ 4410 and 4412; 

 

(d)Fails to comply with a Department order issued as specified in § 4501  concerning a food employee or conditional employee suspected of having  a disease transmissible through food by an infected person;

 

(e)Fails to comply with an embargo or condemnation order as specified in  this chapter;

   

(f)Fails to comply with a summary suspension order by the Department as  specified in this chapter; or

 

(g)Fails to comply with an order issued as a result of an administrative  hearing.

 

4700.2The Department may simultaneously use one (1) or more of the remedies listed in this chapter to address a violation of this Code.

 

authority

Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246; D.C. Official Code §§ 48-104 and 48-110 (2009 Repl.)); Section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627; D.C. Official Code § 47-2834(a)(1), (a)(2), and (b) (2005 Repl.)); and Mayor’s Order 98-139, dated August 20, 1998, and Mayor’s Order 2002-103, dated June 18, 2002.

source

Final Rulemaking published at 50 DCR 4394 (June 6, 2003), incorporating by reference the text of Proposed Rulemaking published at 49 DCR 6184, 6362-63 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).