Section 25-D1603. ADMINISTRATIVE - CONDEMNATION ORDER, CONTENTS  


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    1603.1The condemnation order shall:

     

    (a) State that the equipment, devices, fixtures, linens, furnishings, garments, or other supplies subject to the order may not be used, sold, moved from the massage establishment or health spa facility, or destroyed without a written release of the order from the Department;

     

    (b)State the specific reasons for placing the equipment, devices, fixtures, linens, furnishings, garments, or other supplies under the condemnation order with reference to the applicable provisions of this Code and the hazard or adverse effect created by the observed condition;

     

    (c)Completely identify the equipment, devices, fixtures, linens, furnishings, garments, or other supplies subject to the condemnation order by the common name,  the label or manufacturer's information, description of the item, the quantity, the Department's tag or identification information, and location; 

     

    (d)State that the licensee has the right to a hearing and may request a hearing by submitting a timely request in accordance with chapter 18, which request does not stay the Department’s imposition of the condemnation order;

     

    (e)State that the Department may order the destruction, replacement or removal of equipment, devices, fixtures, linens, furnishings, garments, or other supplies if a timely request for a hearing is not received; and

    (f)Provide the name and address of the Department representative to whom a request for a hearing may be made.

     

authority

Section 4902 of the Department of Health Functions Clarification Act of 2001 (“Act”) (effective October 3, 2001), D.C. Law 14-28, D.C. Official Code § 7-731(a)(12) (2008 Repl.), and the Mayor’s Order 2006-10 dated January 27, 2006

source

Final Rulemaking published at 56 DCR 7975 (October 9, 2009)