§ 7–1671.12a. Cease and desist orders.

*NOTE: This section includes amendments by temporary legislation that will expire on November 21, 2024. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Past Permanent Version.*

*NOTE: This section includes amendments by temporary legislation that will expire on May 1, 2025. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Past Permanent Version.*

(a) If the ABC Board, after investigation but before a hearing, has cause to believe that a person is violating a provision of this chapter and the violation has caused or may cause, immediate and irreparable harm to the public, the ABC Board may issue an order requiring the alleged violator to cease and desist immediately from the violation. The order shall be served by certified mail or hand-delivered to the licensee or unlicensed establishment.

(b)(1) The alleged violator may, within 15 days after the service of the order, submit a written request to the ABC Board to hold a hearing on the alleged violation.

(2) Upon receipt of a timely request, the ABC Board shall conduct a hearing in accordance with the procedures set forth in Chapter 5 of Title 2, and issue a decision within 90 days after the hearing.

(c)(1) The alleged violator may, within 10 days after the service of an order, submit a written request to the ABC Board for an expedited hearing on the alleged violation.

(2) Upon receipt of a timely request for an expedited hearing, the ABC Board shall conduct a hearing within 10 days after the date of receiving the request and shall deliver to the alleged violator at their last known address a written notice of the hearing by any means guaranteed to be received at least 5 days before the hearing date.

(3) The ABC Board shall issue a decision within 30 days after an expedited hearing.

(d) If a request for a hearing is not timely made under subsection (b) or (c) of this section, the order of the ABC Board shall be final.

(e) If, after a hearing, the ABC Board determines that the alleged violator is not in violation of this chapter, the ABC Board shall revoke the order.

(f) If a person fails to comply with a lawful order of the ABC Board under this section, the ABC Board may petition the Superior Court of the District of Columbia for an order compelling compliance or take any other action authorized by this chapter.