(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 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. Purchasing, selling, exchanging, or otherwise transacting any synthetic drug, as defined in § 47-2844(a-2)(1A)(G)(ii), shall be a per se imminent danger to the health or safety of the residents of the District.
(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)(1) Except as provided in paragraph (2) of this subsection, 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.
(2) A licensee engaged in the purchase, sale, exchange, or any other form of commercial transaction involving a synthetic drug in violation of § 47-2844(a-2)(1A) shall have the right to request a hearing within 3 business days after service of notice of the sealing of the premises. The Office of Administrative Hearings shall hold a hearing within 3 business days of receipt of a timely request, and shall issue a decision within 3 business days 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.
(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; Feb. 18, 2017, D.C. Law 21-215, § 3, 63 DCR 15708.)
Prior Codifications1981 Ed., § 6-2706.
Effect of AmendmentsD.C. Law 16-81, in subsec. (a), added the second sentence.
Cross ReferencesCivil infractions, appeals, costs, see § 2-1803.02.
Consumer credit service organizations, penalties, see § 28-4607.
Interstate family support, modification of child support order of another state, jurisdiction, see § 46-306.13.
Emergency LegislationFor temporary (90 days) amendment of this section, see § 3 of Sale of Synthetic Drugs Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-473, July 21, 2016, 63 DCR 10172).
For temporary (90 days) amendment of this section, see § 3 of Sale of Synthetic Drugs Emergency Amendment Act of 2016 (D.C. Act 21-400, May 19, 2016, 63 DCR 7916).
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 (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).
Temporary LegislationFor temporary (225 days) amendment of this section, see § 3(a) of Sale of Synthetic Drugs Temporary Amendment Act of 2016 (D.C. Law 21-149, Aug. 20, 2016, 63 DCR 9314).
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).