D.C. Mun. Regs. tit. 25, r. 25-A4710

Current through Register Vol. 71, No. 52, December 27, 2024

Rule 25-A4710 - ADMINISTRATIVE - CONDEMNATION ORDER, CONTENTS

4710.1

The condemnation order shall:

(a) State that the equipment, utensils, or linens subject to the order may not be used, sold, moved from the food establishment, or destroyed without a written release of the order from the Department;

(b) State the specific reasons for placing the equipment, utensils, or linens under the condemnation order with reference to the applicable provisions of this Code and the hazard or adverse effect created by the observed condition;

(c) Completely identify the equipment, utensils, or linens subject to the condemnation order by the common name, the label or manufacturer's information, description of the item, the quantity, the Department's tag or identification information, and location;

(d) State that the licensee has the right to a hearing and may request a hearing by submitting a timely request in accordance with Chapter 48, which request does not stay the Department's imposition of the condemnation order;

(e) State that the Department may order the destruction, replacement or removal of the equipment, utensils or linens if a timely request for a hearing is not received; and

(f) Provide the name and address of the Department representative to whom a request for a hearing may be made.

D.C. Mun. Regs. tit. 25, r. 25-A4710

Final Rulemaking published at 50 DCR 4394 (June 6, 2003); as amended by Final Rulemaking published at 59 DCR 13690 (November 30, 2012)

Authority: Sections 4 and 10 of An Act Relating to the adulteration of foods and drugs in the District of Columbia, approved February 17, 1898 (30 Stat. 246; D.C. Official Code §§ 48-104 and 48-110 (2009 Repl.)); Section 7 of An Act Making Appropriations to provide for the expenses for the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes (32 Stat.627; D.C. Official Code § 47-2834(a)(1), (a)(2), and (b) (2005 Repl.)); and Mayor's Order 98-139, dated August 20, 1998, and Mayor's Order 2002-103, dated June 18, 2002.