Section 22-261. Emergency suspension of registration and photo identification card  


Latest version.
  • Notwithstanding  any  other  provision  of  this chapter or rules  promulgated thereto, the commissioner may, if he or she  has  reasonable
      cause  to  believe that the operation of any business or the presence of
      any person in a public wholesale market creates an  imminent  danger  to
      life  or  property or to the orderly and lawful operation of the market,
      or that there has likely been false or fraudulent information  submitted
      in  an  application made pursuant to this chapter, immediately suspend a
      registration or a permanent photo identification card  without  a  prior
      hearing,  provided  that provision shall be made for an immediate appeal
      of such suspension to a deputy commissioner of the department who  shall
      determine   such   appeal  forthwith.  In  the  event  that  the  deputy
      commissioner upholds the suspension, an opportunity for a hearing  shall
      be  provided  on  an expedited basis, within a period not to exceed four
      business days and the commissioner shall issue a final determination  no
      later  than four business days following the conclusion of such hearing;
      and provided further that the commissioner may, upon  application  by  a
      business  whose registration has been suspended, permit such business to
      remain in the market for such time as is  necessary  to  allow  for  the
      expeditious  sale, consignment or removal of a perishable product if, in
      the commissioner's best judgment, such permission is consistent with the
      orderly operation and safety of the  market.  Nothing  in  this  section
      shall  be  construed  to  permit  the  emergency  suspension  of a photo
      identification card of an employee who is a member of a labor  union  or
      labor  organization solely for the reason that such person is seeking or
      has sought to engage in the lawful exercise within  a  public  wholesale
      market  of an activity protected by the provisions of the National Labor
      Relations Act, 29 U.S.C. §141 et seq.  The  commissioner  shall  consult
      with   the  commissioner  of  labor  relations  prior  to  reaching  any
      determination that an activity by a representative of a labor  union  or
      labor organization is not lawful under the National Labor Relations Act.