Summary action.
If the Mayor determines, after investigation, that the conduct of a licensee presents an imminent danger to the health or safety of the residents of the District, the Mayor may order the sealing of the premises upon which the respondent is engaged in the unlawful conduct, provided that the premises are primarily used for the unlawful activity. Engaging in or attempting to engage in a health occupation without a license shall be a per se imminent danger to the health or safety of the residents of the District unless the person engaging in or attempting to engage in the health occupation is exempt from licensure pursuant to § 3-1201.03. At the time of the sealing of the premises, the Mayor shall provide the licensee with written notice stating the action being taken, the basis for the action, and the right of the licensee to request a hearing. A licensee shall have the right to request a hearing within 72 hours after service of notice of the sealing of the premises. The Mayor shall hold a hearing within 72 hours of receipt of a timely request, and shall issue a decision within 72 hours after the hearing. Every decision and order adverse to a licensee shall be accompanied by findings of fact and conclusions of law. The findings shall be supported by, and in accordance with, reliable, probative, and substantial evidence. The Mayor shall provide a copy of the decision and order and accompanying findings of fact and conclusions of law to each party to a case or to each party’s attorney of record. Any person aggrieved by a final summary action may seek judicial review in accordance with subchapter I of Chapter 5 of this title.
Annotations
Oct. 5, 1985, D.C. Law 6-42, § 106 as added Mar. 8, 1991, D.C. Law 8-237, § 2(d), 38 DCR 314 Apr. 4, 2006, D.C. Law 16-81, § 2(b), 53 DCR 1050 For temporary (90 days) amendment of this section, see § 3 of the Sale of Synthetic Drugs Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-157, Oct. 16, 2015, 62 DCR 13710). For temporary (90 days) amendment of this section, see § 3 of the Sale of Synthetic Drugs Emergency Amendment Act of 2015 (D.C. Act 21-100, July 10, 2015, 62 DCR 9689). For temporary (225 days) amendment of this section, see § 3 of the Sale of Synthetic Drugs Temporary Amendment Act of 2015 (D.C. Law 21-34, Oct. 21, 2015, 62 DCR 10898). D.C. Law 16-81, in subsec. (a), added the second sentence. 1981 Ed., § 6-2706. Interstate family support, modification of child support order of another state, jurisdiction, see § 46-306.13. Consumer credit service organizations, penalties, see § 28-4607. Civil infractions, appeals, costs, see § 2-1803.02.
Sourced from the DC Council Open Law Library (public domain).
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