D.C. Mun. Regs. r. 24-1505

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 24-1505 - WRITTEN SUMMARY OF REASONS SUPPORTING SEIZURE AND CUSTODY

1505.1

The WHS humane officer who seized the animal shall prepare a written summary explain the reasons why the humane officer seized the animal and why WHS continues to retain custody of the animal. An incident report qualifies as a written summary under this chapter provided that it complies with § 1502.2.

1505.2

The written summary shall include:

(a) The facts supporting the humane officer's determination that seizure was necessary to protect the animal from neglect or cruelty, if the seizure was made pursuant to D.C. Official Code § 22-1004(b)(1);

(b) The actions that the owner must take in order to regain custody of the animal; and

(c) If the humane officer determines that WHS cannot return the animal to the owner without subjecting the animal to ongoing neglect or cruelty, the facts supporting a determination that WHS should retain permanent custody of the animal.

1505.3

The humane officer may append to the written summary:

(a) Documentary evidence collected during the course of the investigation, including written notes taken by the humane officer or other WHS employees;

(b) Physical evidence collected during the course of the investigation;

(c) Written statements by other WHS employees or third-party witnesses; and

(d) Medical reports based on first-hand examinations of the animal.

1505.4

The humane officer may seek assistance from other WHS employees in the preparation of the written summary.

1505.5

The written summary, and any evidence appended to the summary, shall be completed at least three (3) days before the date of the scheduled hearing. The completed written summary, and any evidence appended to the summary, shall be made available to the respondent and his or her representative for examination and/or duplication. Any duplication costs shall be paid for by the respondent.

1505.6

The failure to make available to the respondent and his or her representatives the written summary and any evidence appended to the summary is good cause for a continuance of the hearing pursuant to § 1507.4.

D.C. Mun. Regs. r. 24-1505

Notice of Emergency and Proposed Rulemaking published at 56 DCR 316 (January 9, 2009)[EXPIRED]; as amended by Notice of Final Rulemaking published 56 DCR 2374, 2377 (March 27, 2009)

Authority: The City Administrator, pursuant to section 4(c)(1) of An Act to prevent cruelty to children or animals in the District of Columbia, and for other purposes, approved June 25, 1892 (27 Stat. 61; D.C. Official Code § 22-1004(c)(1), and Mayor's Order 1988-16 (January 22, 1988).