§ 2-1801.06. Summary action.

Current through October 23, 2012

(a) 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.

(b) 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.

(c) 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.

(d) 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.

(e) Any person aggrieved by a final summary action may seek judicial review in accordance with subchapter I of Chapter 5 of this title.

                
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(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.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-2706.

Effect of Amendments

D.C. Law 16-81, in subsec. (a), added the second sentence.

Legislative History of Laws

Law 8-237, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990," was introduced in Council and assigned Bill No. 8-203, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on December 4, 1990, and December 18, 1990, respectively. Signed by the Mayor on December 27, 1990, it was assigned Act No. 8-320 and transmitted to both Houses of Congress for its review.

For Law 16-81, see notes following § 2-1801.02.