Section 25-A4713. ADMINISTRATIVE - CONDEMNATION ORDER, WARNING OR HEARING NOT REQUIRED

 

4713.1The Department may issue a condemnation order to a licensee or to a person who owns or controls the equipment, utensils or linens as specified in § 4709.1 without prior warning, notice of a hearing, or a hearing on the condemnation order.

 

4713.2The licensee shall have the right to request a hearing within fifteen (15) days of receiving a Department condemnation order. The Department shall hold a hearing within seventy- two (72) hours of receipt of a timely request, and shall issue a decision within seventy- two (72) hours after the hearing. The request for a hearing shall not act as a stay of the condemnation action.

 

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, 6367 (July 5, 2002); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012).