Section 25-J311. DISEASED TURTLES  


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    311.1The Director may at any time take samples of tank water or any other appropriate method of sampling of turtles offered for sale or distribution and, after testing by a method deemed by the Director to be appropriate for the determination of the presence of bacteria, order the humane destruction of any turtle, lots of turtles, or turtle eggs found to be contaminated with bacteria of salmonella and Arizona genera or found to be held in water contaminated with those bacteria.

     

    311.2The Director's order issued pursuant to § 311.1 shall be in writing, and shall state with particularity the facts upon which it is based, including the specification of the tests utilized.

     

    311.3The Director's order issued pursuant to § 311.1 shall be served upon the person in whose possession the turtles or turtle eggs are found.

     

    311.4Any person receiving an order for destruction shall, within ten (10) days of the date of the notice, take the following actions:

     

    (a)Destroy and dispose of the turtles or turtle eggs in a manner satisfactory to the Director, and so notify the Director in writing:

     

    (b)Request in writing that the Director destroy the turtles or turtle eggs; or

     

    (c)Notify the Director in writing that he or she wishes to appeal the demand for destruction.

     

    311.5When the Director receives a notice of appeal as provided in §711.4(c), he or she shall provide an opportunity for a hearing, by written notice to the appellant, specifying a time and place for the hearing.

     

    311.6The appeal hearing shall be held within ten (10) days of the notice requesting a hearing.

     

    311.7The hearing on appeal shall be consistent with hearing procedures afforded under the D.C. Administrative Procedure Act.

     

source

Regulation No. 74-36 (December 13, 1974), 8 DCRR § 5:107, (1965).