Title 1 DCMR — MAYOR AND EXECUTIVE AGENCIES

1-1 OFFICE OF THE MAYOR

1 DCMR § 100 GENERAL PROVISIONS

100.1 The purpose of this chapter is to set forth rules and applicable regulations related to the Office of the Mayor.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is section 422 of the District of Columbia Home Rule Act of 1973, as amended, Pub. L. No. 93-198, 87 Stat. 790 (codified at D.C. Code § 1-242 (1999 Repl.)).
SOURCE: 1 DCRR, General Explanation, Special Edition (July 27, 1970).

1 DCMR § 101 MAYOR'S ORDERS

101.1 Mayor's Orders, previously issued as Commissioner's Orders until 1975, and before that as Commissioners' Orders until November 1967, and Orders of the Commissioners until May 1971, are incorporated in this chapter by reference.

101.2 Orders are of many types and relate to the following:

(a) Appointments to various boards, commissions, and committees;

(b) Organization and reorganization of the District government;

(d) Adoption, amendment, and repeal of rules and regulations; and

(e) Other related matters as required by law or custom.

101.3 Orders shall be bound each year in hard covers, and each volume shall contain a subject index.

101.4 Orders date from 1871, and copies of these orders shall be available upon request at the Office of Documents and Administrative Issuances.

History

SOURCE: 1 DCRR §§ 1.1(a) through 1.1(d), Special Edition (July 27, 1970).

1 DCMR § 102 ORDER AND DECORUM

102.1 No person or group of persons shall willfully and knowingly do any of the following:

(a) Utter loud, threatening, or abusive language, or engage in any disorderly or disruptive conduct within any building or part of any building owned or under the control of the District of Columbia with the intent to impede, disrupt, or disturb the orderly conduct of any meeting, hearing, or other proceeding of the Council of the District of Columbia, or of any committee or subcommittee thereof, or the orderly conduct of official business of any officer, employee, or agency of the District of Columbia Government; or

(b) Enter or remain in, during the course of any meeting, hearing, or other proceeding of the Council of the District of Columbia, or any committee or subcommittee thereof, any area set aside for use by persons other than the general public except in accordance with the rules of the Council.

102.2 Any violation of this section shall be punishable by imprisonment for not more than ten (10) days or a fine not to exceed three hundred dollars ($300).

History

SOURCE: Commissioner's Order 69-684, effective December 24, 1969 (January 12, 1970), 1 DCRR § 1.1.

1 DCMR § 103 [RESERVED]

1 DCMR § 104 [RESERVED]

1 DCMR § 105 [RESERVED]

1 DCMR § 106 [RESERVED]

1 DCMR § 107 PETITIONS FOR DECLARATORY ORDERS

107.1 Agency procedures which have been approved by the Mayor shall govern with respect to the issuance of declaratory orders within the scope of agency authority.

107.2 The procedures for issuance of declaratory orders, as established in Commissioner's Order 71-457, dated December 28, 1971, are hereby repealed.

107.3 Declaratory Orders may be issued upon petitions of interested persons by the Mayor to accomplish any one of the following purposes:

(a) Determine applicability of any rule or statute enforceable by him or her;

(b) Terminate a controversy (other than a contested case); or

107.4 Petitions shall be on plain bond paper measuring approximately eight by ten and one-half inches (8" x 10½"). Completed petitions shall be signed and notarized.

107.5 An original and one copy of petitions for declaratory orders shall be filed in the Office of the Secretary of the District of Columbia, One Judiciary Square, 441 4th Street, N.W., Suite 1130 North Washington, D.C. 20001.

107.6 Petitions shall contain the following information:

(a) Name and address of petitioner;

(b) A full and complete statement of the facts giving rise to the request for a declaratory order;

(d) The department, agency, or office in the District government which has been contacted, and a description of the action or position, if any, taken by that department, agency or office;

(e) Designation of the statutes, rules, regulations, orders, or other information that are relevant to the requested declaratory order;

(f) A statement as to the proposed or suggested declaratory order along with supporting reasons;

(g) An indication of what effect the issuance of the requested order will have, along with a designation of other persons or organizations that will be affected by the proposed order; and

(h) Whether any proceeding involving the same subject matter is pending before any agency of the District of Columbia government or before a court.

107.7 Petitions which do not contain the information specified in § 107.6 may be returned to the petitioner as incomplete.

107.8 Within a reasonable time, the Mayor shall take any action on petitions for a declaratory order as is appropriate.

107.9 Nothing in this section shall be construed as making mandatory the issuance of a declaratory order by the Mayor. The Mayor's authority shall be discretionary, and the refusal to issue an order shall be final.

107.10 Petitions for declaratory orders shall be deemed disposed of when the Mayor takes one of the following actions:

(a) Issues an appropriate order; or

(b) Refuses to issue an order.

107.11 Action on petitions disposed of as cited in § 107.10 shall be final. No action shall be taken on subsequent petitions based on the same or essentially the same set of circumstances.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is section 422(11) of the District of Columbia Home Rule Act of 1973, as amended, Pub. L. No. 93-198, 87 Stat. 790 (codified at D.C. Code § 1-242(11) (1999 Repl.).
SOURCE: Commissioner's Order 71-457, effective December 28, 1971.
EDITORS NOTE: The provisions of this section implement section 9 of the District of Columbia Administrative Procedure Act, as amended, Pub. L. No. 90-614, § 9, 82 Stat. 1207 (codified at D.C. Code § 1-1508 (1999 Repl.).

1 DCMR § 108 DISHONORED CHECKS

108.1 A fifty dollars ($50.00) fee shall be imposed on any person who gives or causes to be given in payment of any tax, assessment, fee, charge, or other obligation due the District of Columbia, a check which is dishonored or not duly paid.

History

AUTHORITY: The authority for this section is the Dishonored Check Collection Fee Act of 1981, as amended, D.C. Law 4-16 (codified at D.C. Code § 1-357 (1999 Repl.).
SOURCE: Final Rulemaking published at 38 DCR 7204 (November 29, 1991).

1-2 OFFICIAL PUBLICATIONS

1 DCMR § 200 GENERAL PROVISIONS

200.1 The purpose of this chapter is to outline the policy for official publications.

200.2 The Administrative Procedure Act, Pub. L. No.90-614, (D.C. Code §§ 1-1501 et seq.) established the District of Columbia Register (referred to as the D.C. Register) as the official publication for giving notice to the public of rules and regulations as well as items of general interest.

200.3 In addition to rules and regulations, the following items are authorized to be published in accordance with D.C. Code § 1-1533:

(a) Cumulative indexes to regulations which have been adopted, amended, or repealed;

(b) Information on changes in the organization of the District government;

(d) Codifications of rules and regulations; and

(e) Such other matters as may from time to time be determined to be of general public interest.

200.4 Publication in the D.C. Register of rules adopted, amended, or repealed shall not be considered as a substitute for publication in one or more newspapers of general circulation when that publication is required.

200.5 All courts within the District shall take judicial notice of rules published or of which notice is given in the D.C. Register pursuant to D.C. Code § 1-1505(b).

200.6 Pursuant to the requirements of D.C. Law 2-153, the D.C. Register shall be published by the District of Columbia Office of Documents and Administrative Issuances.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is the District of Columbia Administrative Procedure Act, Pub. L. No. 90-614, 82 Stat. 1203 (codified at D.C. Code, §§ 1-1501 et seq.)
SOURCE: 1 DCRR §§ 200.1 through 200.4 (May 30, 1972).

1 DCMR § 201 SEARCH AND REPRODUCTION SERVICES: OFFICE OF THE MAYOR

201.1 There shall be no charge to the public for searches for documents which can be readily obtained from current office files. Charges shall be made for all searches for documents requiring lengthy searching (quarter hour or longer) and requesting from remote storage locations. All searches will be dependent on available manpower and restricted in accordance with demands of official workload.

201.2 Photographic reproductions shall be provided to the public in reasonable quantities (limited only by availability of equipment and manpower). Workloads for official purposes shall take priority over demands of the public.

201.3 The following fees shall be charged for services provided to the public:

(a) Photographic reproductions (xerox or equivalent), page size up to eight and one-half inches by fourteen inches (8½ in. x 14 in.), per page - twenty five cents (25¢);

(b) Certification (true copies of original), per document - one dollar ($1.00);

(d) Document searches - one dollar ($1.00) for each fifteen (15) minutes or fraction thereof, with a minimum charge of four dollars ($4.00).

201.4 Fees shall be waived for services to District government offices and agencies or may be waived as a courtesy to other municipal, state, or federal government offices.

201.5 When individual fees to be collected are less than one dollar ($1.00), such fees may be administratively waived.

201.6 Payments for services shall be made in cash or by money order or check made payable to the D.C. Treasurer. Postage stamps shall not be accepted.

History

SOURCE: 1 DCRR §§ 215.1 through 215.5 (May 30, 1972).

1-3 RULES OF THE OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES

1 DCMR § 300 OFFICE OF DOCUMENTS: GENERAL PROVISIONS

300.1 The District of Columbia Office of Documents and Administrative Issuances was established as part of the Executive Office of the Mayor on March 6, 1979, by § 2 of the District of Columbia Documents Act, effective March 6, 1979 (D.C. Law 2-153; D.C. Official Code §§ 2-611 et seq. (2012 Repl.)); and by Mayor's Order 88-104, dated April 26, 1988.

300.2 The purpose of this chapter is to set forth the policies and procedures for the implementation of the District of Columbia Documents Act (referred to in this chapter as the “Documents Act”) and applicable provisions of the District of Columbia Administrative Procedure Act (D.C. Official Code §§ 2-501 et seq. (2012 Repl.)) (referred to in this chapter as the “Administrative Procedure Act”).

300.3 The provisions of this chapter are promulgated pursuant to authority set forth in

§ 3(b) of the Documents Act.

300.4 The Administrator of the Office of Documents and Administrative Issuances (referred to in this chapter as the “Administrator”) is appointed by the Mayor and supervised by the Secretary of the District of Columbia, and is vested with the authority to administer the provisions of the Documents Act in accordance with § 2 of the Documents Act.

300.5 The Office of Documents and Administrative Issuances (also referred to in this chapter as the “Office of Documents”) is responsible for the preparation and publication of the legal documents of the District of Columbia government.

300.6 All publications of the Office of Documents will be considered “published” when posted to its website, http://dcregs.dc.gov and to the website of the Office of the Secretary, http://os.dc.gov. The Office of Documents will contemporaneously retain a paper copy of each official electronic publication.

300.7 The online copies of the District of Columbia Register, District of Columbia Municipal Regulations, and Mayor's Administrative Issuances shall be considered the official copies. One paper original of each shall be retained at the Office of Documents and Administrative Issuances, and one copy of the paper original shall be provided to the District of Columbia Archives for permanent storage. A hardcopy of the original District of Columbia Register, District of Columbia Municipal Regulations shall also be retained in the District of Columbia Archives, and shall be considered a true copy. If there is any discrepancy regarding the accuracy of any publication, the paper original located in the Office of Documents’ office or the District of Columbia Archives shall be considered the authoritative copy.

300.8 Because free online access is available to all of the Office of Documents and Administrative Issuances publications, all mailed subscriptions ended on December 31, 2008.

The Office of Documents and Administrative Issuances’ publications include the following:

(a) The District of Columbia Register (also referred to as the “Register” or “D.C. Register” and abbreviated as “DCR”);

(b) The District of Columbia Municipal Regulations (also referred to as the “D.C. Municipal Regulations” and abbreviated as “DCMR”); and

300.9 The Office of Documents and Administrative Issuances is located at One Judiciary Square, 441 4th Street, N.W., Suite 520 South, Washington, D.C. 20001. This is also the mailing address for Office of Documents and Administrative Issuances.

300.10 The regular office hours of the Office of Documents and Administrative Issuances are from 8:30 a.m. to 5:00 p.m., Monday through Friday, exclusive of District of Columbia government holidays.

History

SOURCE: Final Rulemaking published at 25 DCR 9855 (May 4, 1979); as amended by Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 57 DCR 126 (January 1, 2010); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 300

1 DCMR § 301 GENERAL AUTHORITY OF THE ADMINISTRATOR OF THE OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES

301.1 The Administrator of the Office of Documents and Administrative Issuances is vested with authority to administer generally the provisions of this chapter, the provisions of the Documents Act, and the applicable provisions of the Administrative Procedure Act (D.C. Official Code §§ 2-501 et seq.), as amended, in accordance with the provisions of D.C. Official Code, § 2-612 (2012 Repl.).

301.2 The Administrator is authorized to promulgate rules and procedures for the implementation of the Documents Act and applicable provisions of the Administrative Procedure Act.

301.3 The Administrator is responsible for the supervision, management, and direction of the District of Columbia Office of Documents and Administrative Issuances, under the supervision of the Secretary of the District of Columbia.

301.4 The Administrator is authorized to adopt editorial standards for the submission of documents for publication in the District of Columbia Register and the District of Columbia Municipal Regulations, including requirements for standardized organization, numbering, format, grammar, and other matters of style.

301.5 With the exception of acts, laws and resolutions adopted by the Council of the District of Columbia, the Administrator is authorized to reject for publication any document that fails to comply substantially with the publication requirements and standards set forth in this chapter.

301.6 The Administrator is authorized to incorporate by reference the text of documents in the District of Columbia Register or the District of Columbia Municipal Regulations, in accordance with the provisions of the Documents Act and this chapter.

301.7 The Administrator is required to certify the promulgation, adoption, or enactment of all documents published by the Office of Documents and Administrative Issuances. The Administrator is authorized to obtain the assistance of the Office of the Attorney General, the officer designated by the Chairperson of the Council, or agency legal counsel in determining whether a document should be certified for publication.

301.8 The Administrator is required to provide instruction for promulgators of documents in the matters set forth in this chapter, including preparation and submission of documents, publication standards, and other areas that will assist the promulgators in complying with the requirements of this chapter.

History

SOURCE: Final Rulemaking published at 25 DCR 9855 (May 4, 1979); as amended by Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 301

1 DCMR § 302 SERVICES TO THE PUBLIC

302.1 The public may access the District of Columbia Register online at the Office of Documents and Administrative Issuances’ website http://dcregs.dc.gov or online at District of Columbia Public Libraries.

302.2 Anyone requesting a printed version of any edition of the District of Columbia Register may purchase one at a price set by the Administrator that covers the cost to the Office of Documents and Administrative Issuances for printing it. The prices will vary by the number of pages of the edition, but in any case will be whole dollar increments between $5.00 and $50.00.

302.3 Copies of the titles of the District of Columbia Municipal Regulations shall be published online at http://dcregs.dc.gov, with printed versions available for purchase at the Office of Documents at a price that covers the cost of materials. The prices will vary by each title, but in any case will be whole dollar increments between $7.00 and $100.00.

302.4 Copies of titles of the District of Columbia Municipal Regulations and District of Columbia Register are available for purchase at a price as set forth in §§ 302.2 and 302.3 herein. The Office of Documents and Administrative Issuances is located at One Judiciary Square, 441 4th Street, N.W., Suite 520 South, Washington, D.C. 20001.

History

SOURCE: Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 38 DCR 5665 (September 6, 1991); as amended by Final Rulemaking published at 42 DCR 566 (January 27, 1995); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 302

1 DCMR § 303 SERVICES TO DISTRICT GOVERNMENT AGENCIES

303.1 In order to ensure the efficient and timely promulgation of notices of proposed rulemaking, final rules, notices of public hearings, and other legal notices and documents, the Administrator shall assist the agencies of the District government in complying with the following:

(a) The provisions of this chapter;

(b) The requirements of the Documents Act; and

303.2 The Administrator shall arrange to provide an appropriate response to each inquiry presented in person by telephone, or in writing to the Office of Documents and Administrative Issuances.

303.3 The staff of the Office of Documents shall provide informal assistance and advice to officials of District agencies with regard to general or specific rulemaking and notice practices, including drafting of proposed rules, notice requirements, promulgation procedures, and other matters arising under the provisions of the chapter.

303.4 The staff of the Office of Documents will conduct seminars in the various aspects of rulemaking practice and preparation of official documents for officials of the District government. Seminars will be arranged for small groups or individuals. The emphasis of these seminars will be on addressing the particular needs of agencies and promulgators of legal documents for publication in the District of Columbia Register and District of Columbia Municipal Regulations.

303.5 Requests for scheduling of seminars, including a list of topics to be covered, should be made in writing to the Administrator. Requests should be submitted reasonably in advance and should suggest several alternative dates and times to facilitate scheduling.

History

SOURCE: Final Rulemaking published at 25 DCR 9855 (May 4, 1979); as amended by Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 32 DCR 4725 (August 16, 1985); as amended by Final Rulemaking published at 42 DCR 566 (January 27, 1995); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 57 DCR 126 (January 1, 2010); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 303

1 DCMR § 304 AGENCY REPRESENTATIVES

304.1 Each agency, department, office, or other governmental entity that submits documents for publication in the District of Columbia Register shall designate, from its Director's office or General Counsel’s office, a representative and alternate to serve as a liaison to the Office of Documents and Administrative Issuances. All representatives shall be called “agency liaisons.”

304.2 Agency liaisons and Directors shall be the main contact persons in matters relating to the publication of documents in the District of Columbia Register. All documents submitted by an agency for publication, including notices and rulemaking documents, must be submitted through the agency liaison or Director.

304.3 Designation of an agency liaison does not exempt an agency from the required review of the substance of rulemaking documents and legal certification by the Office of the Attorney General. Legal certification by agency counsel must be approved by the Administrator.

304.4 Each agency liaison shall be responsible for the following:

(a) Representation of the agency in all matters relating to compliance with the provisions of this chapter;

(b) Responding to inquiries from the Office of Documents and Administrative Issuances concerning documents or notices submitted by the agency for publication;

(c) Ensuring that the agency head or other official authorized by law to promulgate rules or attest to the promulgation of rules has reviewed all rulemaking notices and the rulemaking text, and has signed the required transmittal form, either in hard-copy or electronically, in accordance with the provisions of § 307.11;

(d) Ensuring that the required legal certification is set forth on the transmittal form in accordance with the provisions of § 307; and

(e) Ensuring that all other documents are in compliance with the rules as set forth in this chapter prior to submission for publication.

History

SOURCE: Final Rulemaking published at 25 DCR 9855 (May 4, 1979); as amended by Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 304

1 DCMR § 305 DISTRICT OF COLUMBIA REGISTER: PUBLICATION POLICY

305.1 The Office of Documents and Administrative Issuances shall publish electronically, a weekly serial publication, called the District of Columbia Register, which shall contain the following:

(a) Each act, law and resolution adopted by the Council and approved by the Mayor, enacted without mayoral approval, or enacted by the override of a mayoral veto;

(b) Each final or emergency rule, regulation, or other document required by law to be codified in the District of Columbia Municipal Regulations;

(c) Each notice of proposed rulemaking or intent to adopt the contents of any other document required to be codified in the District of Columbia Municipal Regulations;

(d) Each notice of public hearing issued by the Council or an agency; and

(e) Other documents accepted for publications pursuant to §§ 305.6, 305.7, or 305.8.

305.2 Documents required or authorized to be published in the District of Columbia Register shall be published as promptly after submission as possible, within limitations, imposed by considerations of accuracy, and substantial compliance with the publication standards set forth in this chapter.

305.3 In prescribing rules governing headings, notice format, effective dates, authority citations, and other matters of form, the Office of Documents and Administrative Issuances shall not affect the validity of any document that is filed and published under the law.

305.4 The District of Columbia Register serves as the ongoing supplement to the District of Columbia Municipal Regulations. Each document that is subject to codification in the District of Columbia Municipal Regulations and published in the District of Columbia Register shall be cross-referenced to the District of Columbia Municipal Regulations.

305.5 Each rulemaking document submitted to the Office of Documents and Administrative Issuances for publication in the District of Columbia Register must comply fully with the format, style, and other requirements established for the District of Columbia Municipal Regulations.

305.6 The following documents are required to be submitted to the Office of Documents and Administrative Issuances for publication in the District of Columbia Register:

(a) Each act, law and resolution of the Council of the District of Columbia;

(b) Each notice of public hearing;

(d) All administrative issuances of the Mayor, including orders and memoranda;

(e) Each document having general applicability and legal effect; and

(f) Other documents required by law to be published in the District of Columbia Register.

305.7 The Administrator of the Office of Documents and Administrative Issuances is authorized to publish the following documents in the District of Columbia Register:

(a) Documents requested to be published by the Chairperson of the Council or the Chairperson's designee;

(b) Documents requested to be published by the Joint Committee on Judicial Administration in the District of Columbia;

(d) Notices of public hearings not required by law or regulation to be published in the District Columbia Register; and

(e) Documents requested to be published by the Mayor of the District of Columbia.

305.8 Whenever the Administrator determines that the publication of a document not required by § 305.6 or authorized by § 305.7 would be of general public interest, the Administrator may permit the document to be published in the District of Columbia Register.

305.9 The following documents are generally not authorized to be published in the District of Columbia Register, except as provided by § 305.8:

(a) Proclamations or other ceremonial documents;

(b) Notices of meetings or other activities, except for meetings required to be made open to the public pursuant to the Open Meetings Act, D.C. Official Code §§ 2-571 et seq. (2012 Repl.);

(d) Press releases, news items, commentary, or editorials;

(e) Adjudicatory notices, opinions, or orders;

(f) Judicial Declaratory Orders;

(g) Resolutions, petitions, or recommendations submitted for consideration by the Council, Mayor, or an agency; and

(h) Employment information, job announcements, or position descriptions.

305.10 Without prejudice to any other form of citation, the District of Columbia Register shall be cited by volume and page number, and the short form “DCR” shall be used in the citation. The date of publication of the weekly edition should also generally be included in the citation. For example, material published on page 91 of Volume 61 of the District of Columbia Register on January 3, 2014 should be cited as “61 DCR 91 (January 3, 2014).”

305.11 Each document published in the District of Columbia Register shall be placed under one of the following table of contents categories, as indicated:

(a) COUNCIL OF THE DISTRICT OF COLUMBIA - Which shall contain all resolutions and approved acts of the Council, mayoral vetoes of Council acts, notices of D.C. Law numbers assigned, notices of filing and intent to consider legislation, notices of public hearings, and other documents requested to be published by the Chairperson;

(b) PUBLIC HEARINGS - Which shall contain all notices of public hearings issued by an agency or authorized for publication under § 305.7(d);

(c) FINAL RULEMAKING - Which shall contain all final rules, notices of final rulemaking and documents having general applicability and legal effect;

(d) PROPOSED RULEMAKING - Which shall contain all notices of intent to adopt rules or documents of general applicability and legal effect, except combined notices pursuant to § 305.11(e);

(e) EMERGENCY RULEMAKING - Which shall contain all notices of emergency rulemaking and combined notices of emergency and proposed rulemaking;

(f) NOTICES, OPINIONS, AND ORDERS - Which shall contain all other documents authorized for publication under §§ 305.7 or 305.8; and

(g) ADMINISTRATIVE ISSUANCES - Which shall contain all Mayor’s Orders, Mayor’s Memorandum, and Mayor’s Administrative Instructions.

305.12 The Office of Documents and Administrative Issuances will publish annually, within forty-five (45) days of the end of each Council year, a cumulative index of all matters published in the District of Columbia Register during the year. The complete index for each volume will also be published on a calendar year basis.

305.13 Beginning with Volume 27, in January 1980, complete volumes of the District of Columbia Register shall be published on a calendar year basis.1

305.14 The certification and publication of a document in the District of Columbia Register or District of Columbia Municipal Regulations creates a rebuttable legal presumption that the document was duly issued, adopted, prescribed, or enacted, and that all requirements of the Documents Act and the Administrative Procedure Act have been met.

History

SOURCE: Final Rulemaking published at 25 DCR 9855 (May 4, 1979); as amended by Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 305

1 DCMR § 306 SUBMISSION OF DOCUMENTS: PUBLICATION SCHEDULES, DEADLINES AND SUBMISSION PROCEDURES

306.1 All documents shall be submitted electronically by designated District of Columbia government agency personnel on the website that is found at http://.dcregs.dc.gov.

306.2 [RESERVED]

306.3 The District of Columbia Register is published on Friday each week. If a government holiday falls on Friday, the official publication date will remain the same.

306.4 Documents to be submitted for publication must conform to all style guidelines set forth in the Office of Documents and Administrative Issuances’ Rulemaking Handbook and Publications Style Manual, which is available online at http://dcregs.dc.gov and at http://os/dc/gov. Failure to conform to style guidelines may delay publication.

306.5 The method of submitting documents for publication is electronic. All documents that require signatures must be submitted as digital images of the paper original, using a format such as pdf, tif, or jpg. Originals of all documents to be published shall be retained at the agency that submitted them, for a minimum of one year from date of publication. The Office of Documents and Administrative Issuances will also print and retain a copy of each electronic submission for a minimum of one year.

306.6 [RESERVED]

306.7 All documents that do not require signatures (e.g., notices, proposed rulemakings, etc.) should be submitted as properly formatted text files. Microsoft Word is the preferred word processing program of the Office of Documents.

306.8 [RESERVED]

306.9 [RESERVED]

306.10 [RESERVED]

306.11 The deadline for submission of documents for publication in each Friday edition of the District of Columbia Register is as follows:

(a) Council Public Hearing Notices….…………….WEDNESDAY, NOON of the SAME week;

(b) DC Acts, Laws and Resolutions of the Council…..WEDNESDAY, NOON of the SAME week;

(c) Summaries of Council Legislative Sessions and Other Council notices …………………………………………………….WEDNESDAY, NOON of the SAME week;

(d) Council Notices of intent to adopt new legislation…WEDNESDAY, NOON of the SAME week;

(e) Final and Proposed Rulemaking Notices…….........THURSDAY, NOON of the PREVIOUS week;

(f) Emergency Rulemaking Notices……………………THURSDAY, NOON of the PREVIOUS week; and

(g) Other Agency Notices and Documents……………THURSDAY, NOON of the PREVIOUS week.

306.12 Documents filed for publication in an issue of the District of Columbia Register which is scheduled to be published on the Friday of a week containing an official District government holiday must be submitted one business day earlier than the deadline set forth in § 306.11.

306.13 Whenever an official government holiday falls on a Friday, the District of Columbia Register will be published one day earlier (Thursday), which means that all documents for publication in the District of Columbia Register are required to be submitted one business day earlier, as set forth in § 306.11.

306.14 All documents subject to codification in the District of Columbia Municipal Regulations shall be reviewed by the Office of Documents and Administrative Issuances and certified by the Administrator prior to publication in the District of Columbia Register.

306.15 A pre-publication review service shall be provided by the Office of Documents, as set forth in § 308, in order to expedite the publication of proposed rulemaking and other documents requiring detailed review.

306.16 Proposed rulemaking and other documents subject to codification in the District of Columbia Municipal Regulations which have not been through the pre-publication review process should be submitted several days in advance of the deadlines set forth in § 306.11 in order to allow time for editing.

306.17 Documents which have been tentatively certified by the Office of Documents following pre-publication review will not normally require additional review prior to publication.

306.18 The publication of a document on an emergency basis may be requested when the document involves the prevention, alleviation, control, or relief of an emergency situation that impacts the public.

306.19 An agency requesting emergency publication shall briefly describe the nature of the emergency situation and the public benefits which would result from immediate publication.

306.20 Requests for emergency publication shall be made in writing to dcdocuments@dc.gov.

306.21 If the Administrator concurs with the request for emergency publication, the document shall be posted on the agency’s online website as soon as possible, and will be officially published in the next edition of the District of Columbia Register.

History

SOURCE: Final Rulemaking published at 25 DCR 9855 (May 4, 1979); as amended by Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 55 DCR 8345 (August 1, 2008); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 57 DCR 126 (January 1, 2010); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 306

1 DCMR § 307 FORMATTING AND PREPARATION OF DOCUMENTS

307.1 The Office of Documents and Administrative Issuances shall accept electronic submissions of documents. A person seeking to submit a document to the Office of Documents shall log onto www.dcregs.dc.gov and submit the document. Submissions should be in Microsoft Word format. Rulemaking submissions should adhere to the rules in §§ 307.9 - 307.15 of this chapter.

307.2 All documents submitted to the Office of Documents shall adhere to the Office’s Rulemaking Handbook and Publications Style Manual. The requirements include:

(a) Documents must be formatted for eight and one-half inch by eleven inch (8½ in. x 11 in.) white, opaque paper. The text must be set within margins not less than one (1) inch on all sides.

(b) The preferred font family for all Office of Documents publications is Times New Roman, 12 point size with “Automatic” font color. The use of color in type-faces or charts is discouraged, to enable ease of reading when printed in black and white.

(c) All documents submitted for publication in the District of Columbia Register must be single-spaced. Extra single spaces between paragraphs or sections, as well as additional spaces between major divisions of documents, are generally acceptable. Documents should be prepared with attention to the ease of reading.

(d) Documents should be prepared to be read vertically. Charts or other materials which cannot be reproduced in vertical form may be accepted for publication. In such cases, the text should be prepared for publication so that the top of the text will appear on the left margin of the page.

(e) Documents generally should not be signed on the originals, except Council acts and Mayor's Orders. Signed originals or copies are not acceptable as substitutes for the signature required on the transmittal form.

307.5 Documents on letterhead and documents in the form of letters or memoranda are generally not acceptable for publication in the District of Columbia Register.

307.6 Except when considered necessary by the Administrator, blank forms for applications, registrations, reports, contracts, and similar items, and the instructions for preparing the forms, may not be published in full. A brief description or list of forms describing the purpose and use of each form, as well as where copies of the form(s) may be obtained (website address, telephone number, etc.), may be submitted for publication.

307.7 After a document has been submitted for publication, a substantive error in the text may be corrected only by the filing of another document making the correction. Pending the receipt of the corrected document, the Office of Documents should be informed by telephone or email to dcdocuments@dc.gov of the need to withhold publication pending the submission of the corrected document.

307.8 If a document has been adopted by a legislative or quasi-legislative body in session, substantive or technical errors in the documents as adopted will not be corrected by the Office of Documents and Administrative Issuances unless the correction is approved by the body in public session or the correction is made pursuant to the lawful adopted procedural rules of the body.

307.9 All documents submitted for publication in the District of Columbia Register shall be submitted at http://dcregs.org. Anyone wishing to submit documents must obtain a username and password from the Office of Documents. The request for a username and password shall be submitted in writing to dcdocuments@dc.gov by an agency liaison. The request shall include the name of the agency, the name of the person with rulemaking authority for the agency, and the contact information for the agency liaison requesting the information and access to the e-rulemaking system. The Administrator or Editor will create the username and password and deliver the information.

307.10 The agency drafter shall sign on to the e-rulemaking system with the drafter’s individual username and password. Electronic submissions will be taken as a confirmation that the document was submitted by the designated agency drafter. Any submissions not personally executed by the authorized official and submissions by those not legally vested with authority to adopt rules or attest to the adoption of rules by a rulemaking body will not be accepted.

307.11 When submitting rulemakings to the Office of Documents for publication in the District of Columbia Register:

An executive agency subordinate to the Mayor shall also submit:

An Office of Policy and Legislative Affairs certification for publication in the District of Columbia Register; and

An Office of the Attorney General (OAG) legal sufficiency certification (via a Rulemaking Transmittal Form).

The OPLA Certification and OAG Legal Sufficiency Certification shall be submitted to the Office of Documents’ email address, dcdocuments@dc.gov, in compliance with § 306.11 herein.

An independent agency shall also submit a Rulemaking Transmittal Form that contains the signature of Agency General Counsel certifying that the substance of the text of the rule(s) has been reviewed and is, in the opinion of General Counsel, legally sufficient. The signed Rulemaking Transmittal Form shall be submitted to the Office of Documents’ email address, dcdocuments@dc.gov, in compliance with § 306.11 herein.

307.12 Certification of legal sufficiency, by the Office of the Attorney General or Agency General Counsel, must be included with all rulemaking actions. Certification of proposed rules may be conditioned upon review of final rules. If the substance of proposed rules for which final certification has been given is not modified prior to final rulemaking action, the final rules do not require duplicate certification.

307.13 Certification of the form and contents of notices of proposed, final, and emergency rulemaking shall be made by the Office of Documents, pursuant to the provisions of §§ 309 through 311 of this chapter.

307.14 The Administrator will not certify and publish rulemaking notices in the District of Columbia Register unless it is clear that the promulgator of the rule or proposed rule named on the electronic submission has legal authority to issue the rules.

307.15 [RESERVED]

307.16 In each instance where a document submitted for publication is rejected, pursuant to § 305.5 (formatting), the Office of Documents shall issue a notice of rejection which shall indicate the reason(s) for rejection. The notice of rejection shall be issued as soon as possible after review of the document.

307.17 An agency may request reconsideration of the rejection of any document for publication in the District of Columbia Register by submitting a written request for reconsideration to the Administrator stating the reasons why the document should be published as submitted. The Office of Documents will respond to each request for reconsideration in writing within two (2) business days of the receipt of the request.

307.18 If a rulemaking notice is rejected and subsequently submitted in corrected form, it must be accompanied by a new transmittal form executed in accordance with this section.

History

SOURCE: Final Rulemaking published at 25 DCR 9855 (May 4, 1979); as amended by Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 57 DCR 126 (January 1, 2010); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 307

1 DCMR § 308 PRE-PUBLICATION REVIEW OF DOCUMENTS

308.1 Agencies are encouraged to submit final drafts of rulemaking documents and other documents subject to codification in the District of Columbia Municipal Regulations or publication in the District of Columbia Register to the Office of Documents and Administrative Issuances for pre-publication review in accordance with the provisions of this section.

308.2 The purpose of pre-publication review is to provide agencies with assistance and guidance in the application of the provisions of this chapter to specific documents while the documents are in the “final draft” stage. Agencies should consider submitting documents for pre-publication review that are lengthy (i.e., 25 pages or more) or complex. The review process is not intended to be a substitute for agency preparation of the substance of documents in compliance with the provisions of this chapter; therefore, “rough” drafts and drafts that contain gross errors of grammar, format, and style will not be accepted for review.

308.3 Documents that have been reviewed prior to adoption or approval as proposed rulemaking will generally not require additional review prior to certification and publication in the District of Columbia Register. Pre-publication review should also greatly reduce the possibility that a document will be rejected for publication due to lack of compliance with the publication standards set forth in this chapter.

308.4 Documents submitted for pre-publication review should be in the same form as required for submission for publication; however, originals should not be submitted for review. Text which is double or triple-spaced will not be accepted for pre-publication review.

308.5 The pre-publication review process will include examination and recommendations on the following elements:

(a) Numbering of chapters, sections, and paragraphs;

(b) Grammar, usage, and other matters of style;

(d) Contents of draft notices;

(e) General readability and organization text; and

(f) Compliance with the provisions of this chapter.

308.6 Every attempt will be made to complete the review process expeditiously; however, in cases where the drafts are lengthy (i.e., 25 pages or more) and complex, agencies should allow at least two (2) weeks for review of final drafts.

308.7 The Administrator may treat a document submitted for publication in the District of Columbia Register that has been rejected under § 301.5 as a document submitted for pre-publication review under this section.

History

SOURCE: Final Rulemaking published at 25 DCR 9855 (May 4, 1979); as amended by Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 308

1 DCMR § 309 NOTICES OF PROPOSED RULEMAKING

309.1 A Notice of Proposed Rulemaking that is submitted for publication, including rulemakings that give notice of intent to adopt a new rule, amend an existing rule, or repeal an existing rule, shall be filed in accordance with the provisions of this section, and any other applicable provisions of this chapter.

309.2 The heading of each proposed rulemaking document shall state, in bold type and upper case print, the name of the agency promulgating the proposed rule and the phrase “NOTICE OF PROPOSED RULEMAKING.” Second, third, or fourth publication of the same Proposed Rulemaking shall be titled “Notice of (Second) Proposed Rulemaking”, etc.

309.3 The text of the proposed rule(s) shall be preceded by a notice that shall contain the following:

(a) The name of the promulgating official or body authorized to issue the rule(s), citation to the Act, law or Mayor’s Order, authorizing the agency to promulgate the rule(s) in the Notice of Proposed Rulemaking;

(b) A citation to the rule(s) being amended or repealed or the proposed citation of the new rule(s);

(c) A statement of intent to adopt, amend, or repeal the rule(s) in not less than thirty (30) days from the date of publication of the notice in the District of Columbia Register. A longer period may be stated if required by law or adopted by the agency;

(d) A brief description and title of the proposed rule(s), including the purpose of the Proposed Rulemaking or why it is being amended; and

(e) If the Notice of Proposed Rulemaking is being re-published, pursuant to § 310.5, a citation to the previous Notice(s) of Proposed Rulemaking published in the District of Columbia Register.

309.4 The text of the proposed rule(s) shall be followed by a notice that indicates the following:

(a) The manner in which public comments will be received, including an email address, telephone number, and other pertinent information;

(b) The manner in which a copy of the proposed rule(s) may be obtained, upon request, including a requirement for payment of a reasonable fee, if applicable; and

(c) The date the comment period begins, unless otherwise specified, the date of publication of a proposed rule, generally thirty (30) days.

309.5 In the event there are substantive changes to a Notice of Proposed Rulemaking, the rulemaking must be republished in full as a proposed rulemaking for a length of time determined by the Administrator, but in no case fewer than seven (7) days, and shall include the information required in § 309.4.

309.6 If the last day of the comment period falls on a Saturday, Sunday, or legal holiday, the last day is extended to the next business day.

309.7 Proposed rules that are re-submitted for publication, pursuant to § 310.5, shall indicate those portions of the text that have been substantially altered by setting forth the previously published text in brackets [....] and underlining the new text that has been altered; provided, that this requirement shall not apply to a Notice of Proposed Rulemaking which completely supersedes a previously published notice, so long as the rules were never adopted. The new notice shall cite the earlier notice and indicate that it has been superseded.

History

SOURCE: Final Rulemaking published at 25 DCR 9855 (May 4, 1979); as amended by Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 59 DCR 6316 (June 1, 2012); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 309

1 DCMR § 310 NOTICES OF FINAL RULEMAKING

310.1 A Notice of Final Rulemaking that is submitted for publication, including rulemakings that give notice of the adoption of a new rule, the amendment of an existing rule, or the repeal of an existing rule, shall be filed in accordance with the provisions of this section, and any other applicable provisions of this chapter.

310.2 The heading of each Notice Final Rulemaking document shall state, in bold type or upper case print, the name of the agency promulgating the rule and the phrase “NOTICE OF FINAL RULEMAKING.”

310.3 The text of the final rule(s) shall be preceded by a notice that shall contain the following:

The name of the promulgating official or body authorized to issue the rule(s), citation to the Act, law or Mayor’s Order, authorizing the agency to promulgate the rule(s) in the Notice of Final Rulemaking;

A citation to the rule(s) being amended or repealed or the proposed citation of the new rule(s);

The title, chapter, and section numbers, and a brief description of the rule(s);

A citation to the Notice(s) of Proposed Rulemaking previously published in the District of Columbia Register;

The date on which the final action was taken;

The effective date of the final rule(s). If no effective date is stated, it will be presumed that the rule(s) will become effective on the date of publication of a Notice of Final Rulemaking in the District of Columbia Register.; and

Unless otherwise stated in a law or act, the effective date of any rule directly enacted by law or act of the District of Columbia shall be the effective date, as published in a notice in the District of Columbia Register, of the law or act that enacts the rule.

310.4 The Administrator may omit publication of the entire text of a Final Rulemaking document if the final text is identical to the text published with the Notice of Proposed Rulemaking.

310.5 If the text of a rulemaking document is substantially altered from the text published with the notice of proposed rulemaking, the promulgating agency must re-submit the text as a proposed rule, pursuant to § 309. An agency does not have to wait the full notice period before re-filing an altered proposed rule. A new notice period begins upon re-publication; provided, however, that the new notice period does not decrease the overall comment period.

310.6 For the purposes of this chapter, “substantial alteration” of the text shall not include the following:

(a) Re-arrangement or renumbering of portions of the text; provided, however, that such re-arrangement or renumbering does not change the meaning of the text;

(b) Re-wording to correct errors in format or style; and

(c) Re-wording of the document, including the addition or deletion of material, that serves to clarify the intent, meaning, or application of the rule(s) and that does not substantially change the intent, meaning, or application of the proposed rule(s) or exceed the scope of the rule(s) as published with the notice of proposed rulemaking, as determined by the Office of Documents and Administrative Issuances.

History

SOURCE: Final Rulemaking published at 25 DCR 9855 (May 4, 1979); as amended by Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 310

1 DCMR § 311 NOTICES OF EMERGENCY RULEMAKING

311.1 A document that is submitted for publication as an Emergency Rulemaking, including any document that purports to adopt a new rule on an emergency basis or amend or repeal an existing rule on an emergency basis, shall be filed in accordance with the provisions of this section, in addition to other applicable provisions of this chapter.

311.2 A Notice of Emergency rulemaking may be combined with a Notice of proposed Rulemaking. Combined notices must meet the requirements of this section and the requirements of § 309.

311.3 The heading on each emergency rulemaking document shall state, in bold type and upper case print, the name of the agency promulgating the rule and the phrase “NOTICE OF EMERGENCY RULEMAKING.” A combined notice of emergency and proposed rulemaking shall use the phrase “NOTICE OF EMERGENCY AND PROPOSED RULEMAKING.”

311.4 The one hundred twenty (120) day maximum effective period for emergency rules begins on the date of adoption of the rules. A shorter period of effectiveness may be stated in the notice. Emergency rules may take effect on the date of adoption, on the date of publication in the District of Columbia Register, or on another date after adoption.

311.5 The text of the emergency rule(s) shall be preceded by a notice that shall contain the following:

(b) A citation to the rule(s) being amended or repealed or a temporary citation for the new rule;

(d) A statement giving the justification for emergency rulemaking action which clearly explains why the action is necessary for the immediate preservation or promotion of the public peace, health, safety, welfare, or morals;

(e) The date of adoption of the emergency rule(s) and the effective date of the rule(s);

(f) The date of expiration of the emergency rule(s);

If the notice is for combined emergency and proposed rulemaking, it shall include the language required by § 309.3, and the requirements of § 309.4 must be met by the addition of the proper notice to the end of the text of the emergency and proposed rule(s); and

A combined Notice of Emergency and Proposed Rulemaking shall state that the rule(s) will expire one hundred twenty (120) days after adoption (or a shorter stated period) or upon publication of final rules, whichever occurs first.

History

SOURCE: Final Rulemaking published at 25 DCR 9855 (May 4, 1979); as amended by Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 311

1 DCMR § 312 DISTRICT OF COLUMBIA MUNICIPAL REGULATIONS: PUBLICATION POLICY

312.1 The incorporation of existing and future documents in the official compilation of the District of Columbia rules and regulations, the District of Columbia Municipal Regulations, shall be governed by the publication policy set forth in this section.

312.2 The District of Columbia Municipal Regulations shall include every regulation enacted by the District of Columbia Council. These documents are generally known as “Council Regulations.”

312.3 The District of Columbia Municipal Regulations shall include every act of the elected District of Columbia Council which specifically amends or modifies an existing Council Regulation; which is designated by its provisions as a regulation or amendment to the District of Columbia Municipal Regulations; or which has not been codified or scheduled to be codified in the District of Columbia Code. The provisions of this subsection shall not apply to emergency or budget acts of the District of Columbia Council.

312.4 The District of Columbia Municipal Regulations shall include every document of general applicability and legal effect that is designated for publication in the District of Columbia Municipal Regulations by resolution of the District of Columbia Council.

312.5 The District of Columbia Municipal Regulations shall include every rule, regulation, or document having general applicability and legal effect which was lawfully adopted by the Board of Commissioners of the District of Columbia; the Commissioner of the District of Columbia; or an authorized agency, board, commission, or official of the District of Columbia prior to the effective date of the District of Columbia Administrative Procedure Act (D.C. Official Code §§ 2-501 et seq. (2012 Repl.)).

312.6 The District of Columbia Municipal Regulations shall include every rule, regulation, or document having general applicability and legal effect promulgated by the Mayor, Commissioner, or any authorized agency, board, commission, or official of the District of Columbia since October 2, 1969, which has been properly adopted and published in accordance with the provisions of §§ 6 and 7 of the District of Columbia Administrative Procedure Act.

312.7 All rules, regulations, and documents of general applicability and legal effect incorporated in the District of Columbia Municipal Regulations shall reflect all amendments, deletions, and other modifications that have been duly enacted or adopted by the following:

(a) The District of Columbia Council;

(b) The Mayor; or

History

SOURCE: Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 312

1 DCMR § 313 DISTRICT OF COLUMBIA MUNICIPAL REGULATIONS: STRUCTURE AND FORMAT

313.1 The major divisions of the District of Columbia Municipal Regulations are titles, each of which brings together broadly related rules and regulations by subject matter categories.

313.2 Titles of the District of Columbia Municipal Regulations are designated by the Office of Documents and Administrative Issuances. Assignment of rules and regulations to the various titles of the District of Columbia Municipal Regulations by the Office of Documents and Administrative Issuances will be based on the structure set forth in § 313.3.

313.3 The structure of the District of Columbia Municipal Regulations is the following:

1 MAYOR AND EXECUTIVE AGENCIES

3 ELECTIONS AND ETHICS

4 HUMAN RIGHTS AND RELATIONS

5 EDUCATION

5-A OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION

5-B DISTRICT OF COLUMBIA PUBLIC SCHOOLS

5-C CHARTER SCHOOLS

5-D SCHOOL MAINTENANCE

5-E ORIGINAL TITLE 5

6 PERSONNEL

6-A POLICE PERSONNEL

6-B GOVERNMENT PERSONNEL

7 EMPLOYMENT BENEFITS

8 HIGHER EDUCATION

8-A DISTRICT OF COLUMBIA SCHOOL OF LAW

8-B UNIVERSITY OF THE DISTRICT OF COLUMBIA

9 TAXATION AND ASSESSMENTS

10 PLANNING AND DEVELOPMENT

10-A COMPREHENSIVE PLAN

10-B PLANNING AND DEVELOPMENT

10-C HISTORIC PRESERVATION

11 ZONING

12 CONSTRUCTION CODES SUPPLEMENT OF 2013

12-A BUILDING CODE SUPPLEMENT OF 2013

12-B RESIDENTIAL CODE SUPPLEMENT OF 2013

12-C ELECTRICAL CODE SUPPLEMENT OF 2013

12-D FUEL GAS CODE SUPPLEMENT OF 2013

12-E MECHANICAL CODE SUPPLEMENT OF 2013

12-F PLUMBING CODE SUPPLEMENT OF 2013

12-G PROPERTY MAINTENANCE CODE SUPPLEMENT OF 2013

12-H FIRE CODE SUPPLEMENT OF 2013

12-I ENERGY CONSERVATION CODE SUPLLEMENT OF 2013

12-J EXISTING BUILDING CODE SUPPLEMENT OF 2013

12-K GREEN CONSTRUCTION CODE SUPPLEMENT OF 2013

12-L SWIMMING POOL AND SPA CODE SUPPLEMENT OF 2013

12-M FEES

13 SIGN REGULATIONS

14 HOUSING

15 PUBLIC UTILITIES AND CABLE TELEVISION

16 CONSUMERS, COMMERCIAL PRACTICES, AND CIVIL INFRACTIONS

17 BUSINESS, OCCUPATIONS, AND PROFESSIONALS

18 VEHICLES AND TRAFFIC

19 AMUSEMENTS, PARKS, AND RECREATION

20 ENVIRONMENT

21 WATER AND SANITATION

22 HEALTH

22-A MENTAL HEALTH

22-B PUBLIC HEALTH AND MEDICINE

22-C MEDICAL MARIJUANA

23 ALCOHOLIC BEVERAGES

24 PUBLIC SPACE AND SAFETY

25 FOOD OPERATIONS AND COMMUNITY HYGIENE FACILITIES

25A FOOD AND FOOD OPERATIONS

25-B FOOD PROCESSING OPERATIONS CODE

25-C SWIMMING POOL AND SPA REGULATIONS

25-D MASSAGE ESTABLISHMENT AND HEALTH SPA FACILITY REGULATIONS

25-E BARBERING, COSMETOLOGY, AND PERSONAL GROOMING FACILITY REGULATIONS

25-F TANNING FACILITY REGULATIONS

25-G TATTOO, BODY ART, AND BODY-PIERCING FACILITY REGULATIONS

25-H BEDDING AND UPHOLSTERED FURNITURE

25-I HEALTH NUISANCES, RODENT AND VECTOR CONTROL REGULATIONS

25-J ANIMAL WELFARE AND FACILITY REGULATIONS

26 INSURANCE, SECURITIES, AND BANKING

26-A INSURANCE

26-B SECURITIES

26-C BANKING AND FINANCIAL INSTITUTIONS

26-D HEALTH BENEFIT EXCHANGE

27 CONTRACTS AND PROCUREMENT

28 CORRECTIONS, COURTS, AND CRIMINAL JUSTICE

29 PUBLIC WELFARE

30 LOTTERY AND CHARITABLE GAMES

31 TAXICABS AND PUBLIC VEHICLES FOR HIRE

313.4 Subtitles may be assigned by the Office of Documents and Administrative Issuances to group chapters within a title by specific subject matter or agency. Specific chapters grouped within a subtitle may be made available to the public separately by subtitle.

313.5 A TITLE may be divided in two ways. First, if there are large sub-sections of each title, the Office of Documents and Administrative Issuances may determine that new titles should be formed. Second, in the alternative, the Office of Documents may advise the agency to create SUBTITLES. However, if there are many smaller subsections of each title, the Office of Documents may advise the agency to create CHAPTERS. Subtitles and chapters are assigned or approved by the Office of Documents on the basis of subject matter. Each chapter or subtitle shall have a descriptive heading.

313.6 The divisions of each chapter are SECTIONS. Each section shall consist of a body of rules that covers a specific, closely related segment of the chapter’s subject matter. Each section shall have a descriptive heading.

313.7 The major divisions of each section are SUBSECTIONS. Subsections are the basic units of the District of Columbia Municipal Regulations. Each subsection shall contain a single, specific requirement, provision, or a declarative statement of policy. Generally, subsections consist of one sentence or, occasionally, two (2) or three (3) sentences. Subsections do not have descriptive headings.

313.8 Subsections may include PARAGRAPHS and SUBPARAGRAPHS that set forth lists, examples, or subdivisions of the specific provision set forth in the subsection. Paragraphs and subparagraphs shall not be used in place of separate subsections.

313.9 The various divisions of the District of Columbia Municipal Regulations shall be designated in the following manner:

(a) TITLES - Consecutively in Arabic numerals in accordance with the structure set forth in this section (1, 2, 3, ...);

(b) SUBTITLES - Consecutively in uppercase Arabic letters immediately following the title (1-A DCMR, 6-B DCMR ...);

(d) SECTIONS - Consecutively in Arabic numerals throughout each chapter (100, 101, 102 ... 3420, 3421, 3422 ...);

(e) SUBSECTIONS - Consecutively in Arabic numerals throughout each section (106.1, 106.2, 106.3 ... 106.15, 106.16 ...);

(f) PARAGRAPHS - Consecutively in lower case Arabic letters set within parenthesis (106.1(a), 106.1(b), 106.1(c) ...); and

(g) SUBPARAGRAPHS - In outline style, as follows: (1), (2), (3), ... (1)(A), (1)(B), (1)(C), ... (1)(A)(i), (1)(A)(ii), (1)(A)(iii). Subparagraphs are rarely used in the District of Columbia Municipal Regulations.

313.10 The numbering system of the District of Columbia Municipal Regulations can be used to identify the types of divisions contained in a citation. For example: 18-A DCMR § 235.6(a)(4) is Subparagraph (4) of Paragraph (a) of Subsection 6 of Section 35 of Chapter 2 of Subtitle A of Title 18 of the DCMR.

History

SOURCE: Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 55 DCR 9073 (August 22, 2008); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 57 DCR 126 (January 1, 2010); as amended by Final Rulemaking published at 59 DCR 1983 (March 9, 2012); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 313

1-4 FREEDOM OF INFORMATION

1 DCMR § 400 PURPOSE AND APPLICATION

400.1 This chapter contains the rules and procedures to be followed by all agencies, offices, and departments (hereinafter "agency") of the District of Columbia Government which are subject to the administrative control of the Mayor in implementing the Freedom of Information Act, D.C. Law 1-96, 23 DCR 3744 (1977) (hereinafter "the Act") and all persons (hereinafter "requesters") requesting records pursuant to the Act.

400.2 For the purpose of this chapter, "agency" includes the Executive Office of the Mayor.

400.3 Employees may continue to furnish to the public, informally and without compliance with these procedures, information and records, which they customarily furnish in the regular performance of their duties.

400.4 The policy of the District of Columbia Government is one of full and responsible disclosure of its identifiable records consistent with the provisions of D.C. Law 1-96. All records not exempt from disclosure shall be made available. Moreover, records exempt from mandatory disclosure shall be made available as a matter of discretion when disclosure is not prohibited by law or is not against the public interest.

History

SOURCE: Final Rulemaking published at 24 DCR 6211 (January 27, 1978); as amended by: Final Rulemaking published at 52 DCR 52 (January 7, 2005).
AUTHORITY: Unless otherwise noted, the authority for this chapter is the Freedom of Information Act of 1976, as amended, D.C. Law 1-96 (codified at D.C. Code §§ 1-1521 et seq. (1999 Repl.)).

1 DCMR § 401 AGENCY RESPONSIBILITY

401.1 The ultimate responsibility for responding to requests for records of an agency is vested in the agency head.

401.2 Each agency head shall designate an individual as the Freedom of Information Officer of the agency and may delegate to that individual the authority to grant and deny requests and to respond to appeals pursuant to §§ 412.5 and 412.6 of this chapter.

401.3 Each agency shall post the name, title, address, telephone number, fax number, and e-mail address of its designated Freedom of Information Officer on its web page.

401.4 All Freedom of Information Officers shall attend the meetings and training sessions, as scheduled and conducted by the Freedom of Information Act Committee established by Mayor's Order 2001-30, entitled “Establishment-Freedom of Information Act (FOIA) Committee,” dated February 27, 2001.

401.5 All agency employees who maintain records shall assist the designated Freedom of Information Officer, as appropriate, with the identification and search of responsive records.

History

SOURCE: Final Rulemaking published at 24 DCR 6211, 6212 (January 27, 1978); as amended by Final Rulemaking published at 52 DCR 52, 53 (January 7, 2005).

1 DCMR § 402 REQUESTS FOR RECORDS

402.1 A request for a record of an agency may be made orally or in writing and shall be directed to the particular agency.

402.2 Although oral requests may be honored, a requester may be asked to submit in writing a request for records.

402.3 A written request may be mailed, faxed or e-mailed to the agency Freedom of Information Officer, or agency head in the absence of a designated Freedom of Information Officer. The outside of the envelope or the subject line of the fax or e-mail shall state: "Freedom of Information Act Request" or "FOIA Request". In addition, a request shall include a daytime telephone number, e-mail address or mailing address for the requester.

402.4 A request shall reasonably describe the desired record(s).Where possible, specific information regarding names, places, events, subjects, dates, files, titles, file designation, or other identifying information shall be supplied.

402.5 Where the information supplied by the requester is not sufficient to permit the identification and location of the record by the agency without an unreasonable amount of effort, the requester shall be contacted and asked to supplement the request with the necessary information. Every reasonable effort shall be made by the agency to assist in the identification and location of requested records.

History

SOURCE: Final Rulemaking published at 24 DCR 6211, 6212 (January 27, 1978); as amended by Final Rulemaking published at 52 DCR 52, 53 (January 7, 2005).

1 DCMR § 403 [RESERVED]

1 DCMR § 404 [RESERVED]

1 DCMR § 405 TIME LIMITATIONS

405.1 Within the time prescribed by applicable law following the receipt of a request, the agency shall determine whether to grant or to deny the request and shall dispatch its determination to the requester, unless an extension is made pursuant to §§ 405.2 and 405.3 of this section.

405.2 In unusual circumstances as specified in § 405.3, the agency may extend the time for initial determination on a request up to the time prescribed by applicable law.

405.3 An extension shall be made by written notice to the requester, which shall set forth the reason or reasons for the extension. As used in this section "unusual circumstances" means, but only to the extent necessary to the proper processing of the request, either of the following:

(a) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or

(b) The need for consultation with another agency having a substantial interest in the determination of the request or among two (2) or more components of the agency having substantial subject matter interest therein.

405.4 If no determination has been dispatched at the end of the period prescribed by law or the extension thereof, the requester may deem his or her request denied, and exercise a right of appeal in accordance with § 412.

405.5 When no determination can be dispatched within the applicable time limit, the agency shall nevertheless continue to process the request. On expiration of the time limit, the agency shall inform the requester of the following:

(a) The reason for the delay;

(b) The date on which a determination may be expected; and

The agency may ask the requester to forego appeal until a determination is made.

405.6 For purposes of this chapter, a request is deemed received when the designated Freedom of Information Officer, or agency head in the absence of a designated Freedom of Information Officer, receives the request submitted in compliance with the Act and this chapter. When the Freedom of Information Officer, pursuant to § 402.5, contacts the requester for additional information, then the request is deemed received when the Freedom of Information Officer receives the additional information.

History

SOURCE: Final Rulemaking published at 24 DCR 6211, 6212-13 (January 27, 1978); as amended by Final Rulemaking published at 52 DCR 52, 54 (January 7, 2005).

1 DCMR § 406 EXEMPTIONS

406.1 No requested record shall be withheld from inspection or copying unless both of the following criteria apply:

(a) It comes within one of the classes of records exempted by the D.C. Law 1-96; and

(b) There is need in the public interest to withhold it.

406.2 The classes of records authorized to be exempted from disclosure shall be those records which concern matters that are of the following nature:

(a) Trade secrets and commercial or financial information obtained from outside the government, to the extent that disclosure would result in substantial harm to the competitive position of the person from whom the information was obtained;

(b) Information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy;

(c) Investigatory records compiled for law enforcement purposes, but only to the extent that the production of those records would do the following:

(1) Interfere with enforcement proceedings;

(2) Deprive a person of a right to a fair trial or an impartial adjudication;

(3) Constitute an unwarranted invasion of personal privacy;

(4) Disclose the identity of a confidential source and, in the case of a record compiled by a law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source;

(5) Disclose investigative techniques and procedures not generally known outside the government; or

(6) Endanger the life or physical safety of law enforcement personnel;

(d) Inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency;

(e) Test questions and answers to be used in future license, employment, or academic examinations, but not previously administered examinations or answers to questions thereon;

(f) Information specifically exempted from disclosure by statute (other than this section), provided that the statute does one of the following:

(1) Requires that the matters be withheld from the public in a manner as to leave no discretion on the issue; or

(2) Establishes particular criteria for withholding or refers to particular types of matters to be withheld;

(g) Information specifically authorized by Federal law under criteria established by a Presidential Executive Order to be kept secret in the interest of national defense or foreign policy which is in fact properly classified pursuant to that Executive Order;

(h) Information exempted from disclosure by D.C. Official Code § 28-4505 (2001);

(i) Information disclosed pursuant to D.C. Official Code § 5-417 (2001);

(j) Any specific response plan, including any District of Columbia response plan, as that term is defined in D.C. Official Code § 7- 2301(1A) (2001), and any specific vulnerability assessment, either of which is intended to prevent or to mitigate an act of terrorism, as that term is defined in D.C. Official Code § 22-3152(1) (2001);

(k) Information exempt from disclosure by § 47-2851.06 (2001); and

(l) Any further exemption from disclosure that may be provided by applicable law.

406.3 Any reasonably segregable portion of a record shall be provided to any person requesting the record after deletion of those portions, which are exempt under this section.

History

SOURCE: Final Rulemaking published at 24 DCR 6211, 6213-15 (January 27, 1978); as amended by Final Rulemaking published at 52 DCR 52, 55 (January 7, 2005).

1 DCMR § 407 RESPONSES TO REQUESTS

407.1 When a requested record has been identified and is available, the agency shall notify the requester where and when the record will be made available for inspection or copies will be made available. The notification shall also advise the requester of any applicable fees.

407.2 A response denying a written request for a record shall be in writing and shall include the following information:

(a) The identity of each person responsible for the denial, if different from that of the person signing the letter of denial;

(b) A reference to the specific exemption or exemptions authorizing the withholding of the record with a brief explanation how each exemption applies to the record withheld. Where more than one record has been requested and is being withheld, the foregoing information shall be provided for each record or portion of a record withheld; and

407.3 If a requested record cannot be located from the information supplied or is known to have been destroyed or otherwise disposed of, the requester shall be so notified.

History

SOURCE: Final Rulemaking published at 24 DCR 6211, 6215-16 (January 27, 1978); as amended by Final Rulemaking published at 52 DCR 52, 57 (January 7, 2005).

1 DCMR § 408 FEES

408.1 Charges for services rendered in response to information requests shall be as follows (not to exceed a maximum search fee per request as may be imposed by applicable law):

(a) Searching for records, $4.00 per quarter hour, after 1st hour, by clerical personnel (DS 1 through 8);

(a-1) Searching for records, $7.00 per quarter hour after the 1st hour, by professional personnel (DS 9 through 13);

(b) Searching for records, $10.00 per quarter hour after the1st hour, by supervisory personnel (DS 14 and above);

(d) Charges for the initial review of documents, as permitted by applicable law, shall be assessed at the rate provided in subsections (a), (a-1), and (b) above.

408.2 When a response to a request requires services or materials for which no fee has been established, the direct cost of the services or materials to the government may be charged, but only if the requester has been notified of the cost before it is incurred.

408.3 Where an extensive number of documents is identified and collected in response to a request and the requester has not indicated in advance his or her willingness to pay fees as high as are anticipated for copies of the documents, the agency shall inform the requester that the documents are available for inspection and for subsequent copying at the established rate.

408.4 A charge of one dollar ($ 1) shall be made for each certification of true copies of agency records.

408.5 Search costs, not to exceed any dollar limitation prescribed by the Act for each request, may be imposed even if the requested record cannot be located. No fees shall be charged for examination and review by an agency to determine whether a record is subject to disclosure.

408.6 To the extent permitted by applicable law, an agency shall require that fees as prescribed by these rules shall be paid in full prior to issuance of requested copies.

408.7 Remittances shall be in the form either of a personal check or bank draft on a bank in the United States, or a postal money order. Remittance shall be made payable to the order of the D.C. Treasurer and mailed or otherwise delivered to the Freedom of Information Officer, or the head of the agency in the absence of a designated Freedom of Information Officer.

408.8 A receipt for fees paid shall be given only upon request. No refund shall be made for services rendered.

408.9 An agency may waive all or part of any fee when it is deemed to be either in the agency’s interest or in the interest of the public.

408.10 A requester seeking a waiver or reduction of fees shall provide a statement in his or her request letter explaining how the requested records will be used to benefit the general public.

408.11 The price for the publication Indices: A Statistical Index to the District of Columbia shall not exceed sixty dollars ($ 60), to be paid by check made payable to the “D.C. Treasurer.”

History

SOURCE: Final Rulemaking published at 24 DCR 6211, 6216-17 (January 27, 1978); as amended by Final Rulemaking published at 44 DCR 2984 (May 16, 1997); as amended by Final Rulemaking published at 52 DCR 52, 57 (January 7, 2005).

1 DCMR § 409 [RESERVED]

1 DCMR § 410 [RESERVED]

1 DCMR § 411 [RESERVED]

1 DCMR § 412 REVIEW OF DENIALS

412.1 When a request for records has been denied in whole or in part by an agency, the requester may appeal the denial to the Mayor or may seek immediate judicial review of the denial in the D.C. Superior Court.

412.2 Unless the Mayor otherwise directs, the Secretary shall act on behalf of the Mayor on all appeals under this section, except that in the case of an initial denial by the Secretary, the Mayor or the designee thereof shall act on the appeal. If the Mayor directs that a person other than the Secretary act on the Mayor’s behalf on appeals under this section, references in this chapter to the “Secretary” shall be deemed to refer instead to the person designated by the Mayor.

412.3 An appeal to the Mayor shall be in writing. The appeal letter shall include “Freedom of Information Act Appeal” or “FOIA Appeal” in the subject line of the letter as well as marked on the outside of the envelope. The appeal shall be mailed to:

Mayor's Correspondence Unit

FOIA Appeal

1350 Pennsylvania Ave, NW

Suite 221

Washington, D.C. 20004

The requester shall forward a copy of the appeal to the Freedom of Information Officer, or agency head in the absence of a designated Freedom of Information Officer, of the agency whose denial is the subject of the appeal.

412.4 An appeal to the Mayor shall be in writing and shall include:

(a) Statement of the circumstances, reasons or arguments advanced in support of disclosure;

(b) Copy of the original request, if any;

(d) Daytime telephone number, email address or mailing address for the requester.

412.5 Within five (5) days (excluding Saturdays, Sundays, or legal public holidays) of receipt of its copy of the FOIA appeal the agency shall file a response with the Secretary. The response shall include the following documents:

(a) The agency’s justification for its decision not to grant review of records as requested, to the extent not provided in the agency’s letter of denial to the requester;

(b) Any additional documentation as may be necessary and appropriate to justify the agency’s decision, such as a Vaughn index of documents withheld, an affidavit or declaration of a knowledgeable official or employee testifying to the decision to withhold documents, or such other similar proof as the circumstances may warrant; and

(c) A copy of the public record or records in dispute on the appeal; provided, that if the public record or records are voluminous, the agency may provide a representative sample; and provided further, that if the public record contains personal, sensitive, or confidential information, the public body may redact such information from the copy furnished the Secretary in a manner that makes clear that the agency has made redactions.

412.6 An agency may request additional time to file documentation required by § 412.5 by filing a written or e-mailed request to the Secretary with a copy to the requester. The request for additional time must be filed within five (5) days (excluding Saturdays, Sundays, and legal public holidays) of receipt of the appeal. The Secretary will respond to the request for additional time with a copy to the requester. An agency that does not file the information required by § 412.5 within the time provided herein or such further time as the Secretary may provide in response to written or e-mail request shall be deemed to have waived its right to respond to the appeal.

412.7 A written determination with respect to an appeal shall be made within ten (10) days (excluding Saturdays, Sundays and legal public holidays) of the filing of the appeal.

412.8 If the records, or any segregable part thereof, are found to have been improperly withheld, the Secretary shall order the agency to make them available. If the agency continues to withhold the records, the requester may seek enforcement of the order in the Superior Court.

412.9 A denial in whole or in part of a request on appeal shall set forth the exemption relied upon, a brief explanation consistent with the purpose of the exemption of how the exemption applies to the records withheld, and the reasons for asserting it. The denial shall also inform the requester of the right of judicial review.

412.10 If no determination has been dispatched at the end of the ten-day period, the requester may deem his or her appeal denied, and exercise his or her right to judicial review of the denial.

History

SOURCE: Final Rulemaking published at 24 DCR 6211, 6217-18 (January 27, 1978); as amended by Final Rulemaking published at 52 DCR 52, 59 (January 7, 2005).

1 DCMR § 413 RECORDS MAINTAINED BY AGENCIES

413.1 Each agency shall make and maintain records pertaining to each request for information, including copies of correspondence. The record(s) shall be filed by individual request.

413.2 Each agency shall maintain a file, open to the public, which shall contain copies of all letters of denial.

413.3 Where the release of the identity of the requester or other identifying details related to the request would constitute a clearly unwarranted invasion of personal privacy, the agency shall delete identifying details from the copies of the documents maintained in the public files.

413.4 Each agency shall also maintain records permitting annual reporting of the following information:

(a) Total number of requests made to the agency;

(b) The number of requests granted and denied, in whole or in part;

(d) The names and titles or positions of each person responsible for the denial of records and the number of instances each person was involved in a denial; and

(e) The amount of fees collected, and the amount of fees for duplication and search waived by the agency.

413.5 On or before the 31st day of December of each year, each agency shall compile and submit to the Secretary its report covering the fiscal year concluded the preceding September 30th pursuant to the provisions of this section and on other matters relating to agency compliance with the terms of the Act.

413.6 With respect to appeals pursuant to § 412, the Secretary shall maintain records reflecting the number of appeals taken, the results of the appeals, and the number of times each exemption was invoked as the basis for non-disclosure.

History

SOURCE: Final Rulemaking published at 24 DCR 6211, 6218-19 (January 27, 1978); as amended by Final Rulemaking published at 52 DCR 52, 61 (January 7, 2005).

1 DCMR § 414 RESERVED

1 DCMR § 415 OVERSIGHT

415.1 On or before the 1st day of February of each year, the Secretary shall compile and submit to the Council of the District of Columbia, on behalf of the Mayor, a report covering the disclosure activities of each agency and of the Executive as a whole during the preceding fiscal year.

History

SOURCE: Final Rulemaking published at 24 DCR 6211, 6219 (January 27, 1978); as amended by: Final Rulemaking published at 52 DCR 52, 62 (January 7, 2005).

1 DCMR § 416 RESERVED

1 DCMR § 417 RESERVED

1-5 BOARD OF APPEALS AND REVIEW

1 DCMR § 500 GENERAL PROVISIONS

500.1 On the date these rules become effective, they shall apply to all appeals and cross-appeals thereafter filed and to all appeals and cross-appeals then pending but not heard.

500.2 No case which is pending but not heard after the effective date of these rules shall be disposed of on the sole ground that either party failed to comply with this chapter unless, after notice of the deficiency and expiration of a fixed, reasonable time to comply, the deficiency has not been corrected.

500.3 Except for the time limits for filing a notice of appeal and a notice of cross-appeal (§§ 503.2 and 503.4), the Board for good cause shown may, in the interest of justice or to prevent undue hardship, waive any of the provisions of these rules in any proceeding.

500.4 In the event of a conflict between this chapter and a provision of a statute, regulation adopted by the Council of the District of Columbia, or order of the Mayor, the provision of the statute, regulation, or order shall govern. In the event of a conflict between this chapter and a regulation adopted by a District department, agency, or office, this chapter shall govern. In the event of a conflict within this chapter between a general and a special rule, the special rule shall govern.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is section VIII of Mayor’s Order 96-27, dated March 5, 1996.
SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2935 (May 16, 1997).

1 DCMR § 501 TIME

501.1 In computing any period of time specified in this chapter, calendar days shall be counted.

501.2 In computing any period of time specified in this chapter, the day of the act, event, or default from which the designated period of time begins to run shall not be included.

501.3 The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.

501.4 When the period of time is seven (7) days or less, intermediate Saturdays, Sundays, and holidays shall be excluded.

501.5 Whenever a party has the right or duty to act or proceed within a prescribed period after the service of a notice or other paper upon the party and the paper or notice is served upon the party by mail, five (5) days shall be added to the prescribed period.

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2935 (May 16, 1997).

1 DCMR § 502 SERVICE OF PAPERS, METHODS, PROOF

502.1 Any paper required to be served upon a party shall be served upon the party or upon the representative designated by the party or by law to receive service of papers. When a party has appeared through a representative, service may be made upon the representative of record.

502.2 Service may be made by personal delivery, by mail, or as otherwise directed by the Board.

502.3 Service upon a party shall be completed by any of the following methods:

(a) By personal delivery, or handing the paper to the person, or leaving it at the person’s office with a clerk or other person in charge, or, if the office is closed or the person to be served has no office, leaving it at his or her usual place of residence with some person of suitable discretion sixteen (16) years of age or older residing there; or

(b) By mail, on deposit in the United States Mail, properly stamped and addressed; or

502.4 Proof of service, stating the name and address of the person on whom service is made and the manner and date of service, may be shown by any of the following methods:

(a) Written acknowledgment of the party served or by his or her representative; or

(b) The certificate of the serving party or that party’s representative or attorney; or

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2935-36 (May 16, 1997).

1 DCMR § 503 PROCEDURE FOR APPEAL, CROSS APPEAL, AND STAY PENDING APPEAL

503.1 An appeal shall be taken by filing an original and three (3) copies of a written notice of appeal with the Board of Appeals and Review, 441 4th Street, N.W., 5th Floor South - Suite 540, Washington, D.C. 20001.

503.2 An aggrieved person, owner of the property, or licensee shall file the notice of appeal with the Board within fifteen (15) days after service of the notice of the act, decision, or order with respect to which the appeal is filed. Filing may be accomplished by mail, but filing shall not be deemed timely unless the notice of appeal is received by the Board within the prescribed period.

503.3 A notice of appeal shall include the following information:

(a) That an appeal or cross-appeal is taken;

(b) The copy of or a description of the act, decision, or order from which the appeal or cross-appeal is taken;

(d) The printed full name, address, and telephone number of the appellant or cross-appellant and his or her attorney, if any;

(e) The signature of the party filing the appeal or cross-appeal, or the signature of that party’s official representative or attorney; and

(f) A certificate of service showing the method by which and the date on which service of a copy of the notice of appeal or cross-appeal was made on all other parties separately represented, including any agency of the District government involved in the matter appealed or cross-appealed.

503.4 If a timely notice of appeal is filed by a party, any other party to the proceeding may file a notice of cross appeal within seven (7) days after service of the notice of appeal, or within fifteen (15) days after service of the notice of the challenged act, decision, or order, whichever period last expires.

503.5 The timely filing of a notice of appeal shall not operate to stay the challenged action, decision, or order of the Director.

503.6 Application for a stay of an action, decision, or order of the Director shall ordinarily be made in the first instance to the Director.

503.7 A motion for a stay filed with the Chairperson shall state that an application for a stay to the Director is not practicable, or that the Director has denied an application for a stay.

503.8 The applicant shall state in the motion the reasons supporting the granting of a stay and the facts relied upon. If the facts are subject to dispute, the motion shall be supported by affidavits or other sworn statements or copies.

503.9 The applicant shall attach a copy of the action, decision, or order sought to be stayed to the motion.

503.10 The applicant shall serve a motion for a stay on all other parties in accordance with § 514, except that personal service on all parties is required if a ruling is requested prior to the expiration of the normal time for responses to be filed. Alternatively, the applicant shall state why personal service is not feasible.

503.11 The Chairperson shall grant a stay only upon good cause, which shall involve a consideration of the likelihood of error by the Director, irreparable harm to the applicant, the harm to other parties, and the public interest.

503.12 If a stay is granted, the Chairperson may impose reasonable conditions necessary to prevent irreparable injury.

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2937-39 (May 16, 1997).

1 DCMR § 504 APPEARANCE AND REPRESENTATION

504.1 In a proceeding before the Board an individual may appear in his or her own behalf.

504.2 In a proceeding before the Board a general partner of a partnership may represent the partnership.

504.3 In a proceeding before the Board an officer of a corporation or association may represent the corporation or association if properly authorized to do so by the articles of incorporation, by-laws, or board of directors of the corporation or association.

504.4 A general partner or officer appearing pursuant to § 504.2 or § 504.3 may be required by the Board to establish his or her authority to act in that capacity.

504.5 A party appearing or having the right to appear before the Board at a hearing shall have the right to be represented by an attorney who is an active member of the District of Columbia Bar.

504.6 Whenever an attorney enters an appearance for a party other than the District, the Executive Officer shall give notice of that appearance to the Corporation Counsel.

504.7 In any case in which an appellant is represented by an attorney, the hearing committee shall not proceed with the hearing unless an Assistant Corporation Counsel appears on behalf of the District.

504.8 If it shall appear to the Board or a hearing committee that the issues or facts in a matter before it are so complex that, in the interests of justice, or of conserving time, or of facilitating the preparation of an adequate record, a party ought to be represented by an attorney, the Board or a hearing committee may urge that party to procure the services of an attorney, and may allow that party a reasonable period of time within which to do so.

504.9 No person may participate in a representative capacity in any hearing conducted by a hearing committee until he or she delivers to the Chairperson of that committee a signed written statement containing his or her name, address, telephone number, and the purpose for which, or the capacity in which, he or she desires to participate.

504.10 The written statement required by § 504.9 shall be made a part of the record.

504.11 An attorney appearing as counsel for a person participating in any hearing conducted by a hearing committee shall certify that he or she has been admitted to, and is an active member in good standing of, the District of Columbia Bar. Unless the attorney so certifies, he or she shall not be permitted to appear as counsel for a person.

504.12 Any person authorized to appear pursuant to §§ 504.1 through 504.7 may sign any paper required or permitted either by these rules or by statute or regulation to be filed with the Board or committee.

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2939-40 (May 16, 1997).

1 DCMR § 505 RECORD ON APPEAL

505.1 Upon receipt of a notice of appeal the Executive Officer shall promptly acknowledge receipt, advise the Director of that receipt, and request the Director to compile, index, and transmit to the Board the originals or copies of all documents pertinent to the appeal, including the following:

(a) A copy of the decision or order from which the appeal is taken, together with any findings of fact and conclusions of law on which the act, decision, or order is based;

(b) All documents relied on by the Director, including any relevant documents timely submitted to the Director by the appellant or by other parties to the proceedings before the Director; and

(c) A summary (or a transcript, if any) of all testimony given or statements made during the course of any proceedings, conferences, or investigations concerning the matter in dispute, conducted by the Director prior to the filing of the notice of appeal.

505.2 Upon receipt of the documents transmitted pursuant to § 505.1, the Executive Officer shall designate a hearing committee and a presiding member, assign the appeal to the committee, and notify the parties of the assignment.

505.3 The Executive Officer shall provide all parties to the appeal a copy of the Director’s index of the record on appeal within ten (10) days after the Executive Officer receives the index.

505.4 The documents transmitted by the Director pursuant to § 505.1, as may be supplemented pursuant to §505.5, shall be available for inspection by the parties at the office of the Board.

505.5 On motion of one or more of the parties, or on its own motion, the Chairperson, consistent with the limitations set forth in § 505.8, may require or permit the Director, or one or more of the parties, to supplement the documents transmitted pursuant to § 505.1.

505.6 Any party objecting to the transmission of or to the failure to transmit a document pursuant to § 505.1 shall state specifically and in writing the ground for the objection, and shall file the objection prior to the commencement of the hearing. The Chairperson shall consider and rule on the objection prior to the consideration of the appeal by the hearing committee.

505.7 In appeals where the hearing committee conducts an evidentiary hearing or decides an appeal based on stipulated facts, the committee, in its discretion, may at any time prior to decision require a party to submit additional documentary or testimonial evidence, and shall afford other parties an opportunity to examine that evidence and to file with the committee written objections to its admissibility.

505.8 In appeals where a hearing committee decides an appeal without holding an evidentiary hearing, the record on appeal shall consist of the record developed before the Director or such other record as the parties may agree upon by written stipulation filed with the Board.

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2941-42 (May 16, 1997) .

1 DCMR § 506 EVIDENTIARY HEARINGS

506.1 When the Constitution, a statute, or a regulation of the Council of the District of Columbia or an order of the Mayor requires the Board’s review of a matter to take the form of an evidentiary hearing, the hearing shall be conducted in accordance with D.C. Code § 1-1509 (1999 Repl.).

506.2 The hearing committee may sua sponte or at the request of a party schedule and conduct a pre-hearing conference to facilitate the evidentiary hearing.

506.3 The Executive Officer shall fix the date and hour of the evidentiary hearing after consultation with the hearing committee, the parties, or their representatives.

506.4 The Executive Officer shall give the parties at least fourteen (14) days written notice of the date and hour of an evidentiary hearing: Provided, that in a case involving an appeal of a notice of violation issued by the Department of Consumer and Regulatory Affairs, when in the opinion of the Executive Officer the public interest requires a decision on an expedited or emergency basis, the Executive Officer shall give the parties at least two (2) days telephonic notice of the date and hour of the hearing. A written record of telephone notice shall be maintained by the Executive Officer.

506.5 Except for extraordinary reasons, such as the sudden illness of a party or a party’s representative, a scheduled evidentiary hearing shall not be delayed by a motion for a continuance unless the motion is filed at least five (5) days before the date on which the hearing is to be held, and, in the opinion of the hearing committee, sets forth good cause for a continuance.

506.6 Conflicting engagements of counsel, absence of counsel, or the employment of new counsel shall not be regarded as good cause for a continuance of the hearing unless set forth in a motion filed promptly after notice of the hearing has been given.

506.7 All testimony at evidentiary hearings before a hearing committee shall be under oath or affirmation.

506.8 After the hearing, and within the time limits established by the hearing committee, the parties may submit proposed findings of fact, conclusions of law, and an order, and may also submit memoranda of law on issues of law arising during the hearing.

506.9 Decorum and good order shall be maintained at all times during hearings, and a hearing committee may, in the enforcement thereof, exclude or have removed from the hearing room any person violating any reasonable order of the presiding member of the hearing committee.

506.10 For contumacious conduct or arriving more than thirty (30) minutes late, and after having been afforded an opportunity to be heard, the hearing committee may bar an attorney from further participation in a hearing.

506.11 If an attorney has been barred from participating in a hearing, the hearing committee may proceed with the hearing if consistent with the due process rights of the parties. Otherwise, the hearing committee shall adjourn the hearing to give the party whose attorney has been barred an opportunity expeditiously to secure new representation.

506.12 An attorney who has been barred from participating in a hearing may seek and the hearing committee may grant reinstatement to participate in the hearing on such terms as the hearing committee shall prescribe.

506.13 A hearing committee shall not permit a reinstatement application under § 506.12 to delay the proceedings unduly.

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2942-44 (May 16, 1997).

1 DCMR § 507 SUBPOENAS

507.1 Subpoenas to compel witnesses to appear and testify or to produce books, records, papers or documents shall, when appropriate, be issued by the Chairperson sua sponte or upon request of the presiding member of a hearing committee or of any party.

507.2 Subpoenas shall be issued in the name of the Mayor of the District of Columbia, and subpoenaed witnesses, other than those employed by the District of Columbia, shall be entitled to a reasonable fee as established by regulations issued by the Mayor pursuant to D.C. Code § 1-338(a): Provided, that the fee shall not be required to be tendered in advance.

507.3 Subpoenas issued by the Chairperson shall be enforceable in the manner prescribed in D.C. Code § 1-338(c).

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2945 (May 16, 1997).

1 DCMR § 508 EVIDENCE IN EVIDENTIARY HEARINGS

508.1 Evidence shall be received in conformity with D.C. Code § 1-1509(b).

508.2 The proponent of a rule or order shall have the burden of proof.

508.3 Any oral and any documentary evidence may be received, but the hearing committee shall exclude irrelevant, immaterial, and unduly repetitious evidence.

508.4 Every party shall have the right to present in person or by counsel his or her case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct cross-examinations as may be required for a full and true disclosure of the facts. The fact that a party did not submit evidence to the Director prior to the Director’s decision shall not be grounds for excluding that evidence in an evidentiary hearing.

508.5 Where any decision of a hearing committee in a contested case rests on official notice of a material fact not appearing in the evidence in the record, any party to the case shall on timely request be afforded an opportunity to show the contrary.

508.6 If any part of the record in any other proceeding previously held before a committee of the Board, or part of the record in any criminal or civil action (including proceedings before any administrative agency) is offered in evidence, a certified true copy of that part shall be presented to the committee in the form of an exhibit unless either of the following requirements is satisfied:

(a) The record is specified in such manner as to be readily identified, and the person offering the record agrees to supply copies later or when required by the committee; or

(b) There is a stipulation that the record may be incorporated by reference and the committee directs that incorporation.

508.7 The parties may, by stipulation in writing filed with the committee, agree upon the facts or any portion thereof involved in the appeal. The parties may also stipulate the testimony that would be given by a witness if the witness were present. The committee, in its discretion, may require additional evidence regarding any matter covered by stipulation.

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2945-46 (May 16, 1997).

1 DCMR § 509 TRANSCRIPTS

509.1 Evidentiary hearings shall be transcribed by a court reporter under the supervision of the Executive Officer. Approved transcripts of those hearings shall be supplied by the Executive Officer to a person affected by the proceedings upon request and the payment of the costs of the transcript.

509.2 A motion to correct a transcript shall be filed with the Board within ten (10) days of receipt of the transcript. If no opposition to the motion is filed, the transcript may, upon approval by the hearing committee, be changed to reflect the corrections.

509.3 In the event of disputes as to the record, the hearing committee shall settle the record and rule on all contested motions to correct the record.

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2946-47 (may 16, 1997).

1 DCMR § 510 REVIEW ON THE BASIS OF THE RECORD

510.1 Review by a hearing committee shall be on the basis of the record established before the Director in the following cases:

(a) Where neither the Constitution, nor a statute, nor a regulation adopted by the Council of the District of Columbia, nor an order of the Mayor requires the Board to hold an evidentiary hearing; or

(b) Where a statute, or a regulation adopted by the Council of the District of Columbia, or an order of the Mayor requires that review by the Board be exclusively on the basis of the record previously established.

510.2 After the record has been filed pursuant to § 505, the hearing committee shall establish a briefing schedule.

510.3 Briefs shall meet the following requirements:

(a) Each brief shall be typewritten on business size (8 ½ x 11) paper;

(b) Each brief shall contain the name and docket number of the case;

(d) Each brief shall be signed by the party on whose behalf it is filed or by that party’s representative or attorney;

(e) Each brief shall contain or be accompanied by a certificate of service showing the method and date of service on each party separately represented; and

(f) An original and three (3) copies of each brief shall be filed with the Board.

510.4 In addition to the requirements set forth in § 510.3, the appellant’s brief shall contain the following:

(a) A table of contents, with page references, and a table of cases alphabetically arranged with asterisks placed before the cases chiefly relied upon, and statutes, rules, regulations, and other authorities cited, with references to the pages of the brief where they are cited;

(b) A statement of the issues presented for review;

(c) A statement of the facts of the case. A statement shall first indicate briefly the nature of the case, the course of proceedings, and its disposition by the Director. There shall follow a statement of the facts relevant to the issues presented for review, with appropriate references to the record.

(d) An argument which may be preceded by a summary. The argument shall contain the contentions and the reasons therefor, with citations to the authorities, statutes, and parts of the record relied on; and

(e) A short conclusion stating the precise relief sought.

510.5 The appellee’s brief shall conform to all the requirements of § 510.4, except that a statement of the issues or of the facts of the case need not be made unless the appellee chooses to do so.

510.6 The appellant may file a brief in reply to the brief of the appellee, and if the appellee has cross-appealed, the appellee may file a brief in reply to the response of the appellant to the issues presented by the cross-appeal. No further briefs may be filed except by leave of the hearing committee.

510.7 It shall be the general policy of the Board to permit the parties to present oral argument, but any case may, by written stipulation of the parties, be submitted on the briefs unless the hearing committee directs the parties to present oral argument.

510.8 When notifying the parties of the date and time of the argument, the hearing committee shall specify the time allowed for argument. An appellant shall be entitled to present an opening argument; an appellee shall be entitled to present an answering argument; and an appellant shall be entitled to present a reply argument.

510.9 Not more than two (2) counsel may be heard for each party in the argument of the appeal, except by leave of the hearing committee, upon good cause shown.

510.10 If an appellant fails to file a brief in a timely manner, an appellee may move for dismissal of the appeal.

510.11 If the appellee fails to appear to present argument, the hearing committee shall hear argument on behalf of the appellant, if the appellant has filed a brief and wishes to present argument. If the appellant fails to appear, the hearing committee shall hear argument on behalf of the appellee, if the appellee has filed a brief and wishes to present argument. If neither party appears, the case shall be decided on the briefs unless the hearing committee directs otherwise.

510.12 If a brief has been filed for the appellant only and no counsel appears to present oral argument on behalf of the appellant, the case may be regarded as submitted.

510.13 If no brief has been filed for the appellee, the appellee may be heard on oral argument only by permission of the hearing committee.

510.14 When review is on the basis of the record developed before the Director, the hearing committee may affirm, reverse, or modify the order of the Director, or may vacate the order and remand the case to the Director for further proceedings. The hearing committee may reverse the decision of the Director only when the hearing committee concludes that the Director’s decision is one or more of the following:

(a) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(b) Contrary to constitutional right, power, privilege, or immunity;

(c) In excess of statutory jurisdiction, authority, or limitations, or short of statutory jurisdiction, authority, or limitations, or short of statutory rights;

(d) Without observance of procedure required by law; or

(e) Unsupported by substantial evidence in the record of the proceedings before the hearing committee.

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2947-50 (May 16, 1997).

1 DCMR § 511 HARMLESS ERROR

511.1 In deciding all appeals, hearing committees shall apply the rule of harmless error.

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2951 (May 16, 1997).

1 DCMR § 512 DECISIONS

512.1 Hearing committee decisions shall be stated in writing and shall be signed by the presiding member of the hearing committee.

512.2 In cases involving an evidentiary hearing or a review based on stipulated facts, the hearing committee’s decision shall contain findings of fact, conclusions of law, and an order. Findings of fact shall be supported by reliable, probative, and substantial evidence.

512.3 In cases involving a review of the record established before the Director, the hearing committee’s decision shall contain conclusions of law and an order.

512.4 A hearing committee may not modify a monetary sanction imposed by the Director if that sanction is within the limits established by law or regulation.

512.5 The Executive Officer shall serve a copy of the decision on all parties or their attorneys of record: Provided, that in cases involving appeals of notices of violations issued by the Department of Consumer and Regulatory Affairs when, in the opinion of the hearing committee, the public interest requires a decision on an expedited or emergency basis, oral findings of fact, conclusions of law, and order may be communicated by the presiding member of the hearing committee to the parties.

512.6 Promptly thereafter, the hearing committee shall state its oral findings of fact, conclusions of law, and order in writing, and the presiding member shall sign the written decision. The Executive Officer shall then serve a copy of the written decision on all parties or their attorneys of record.

512.7 No decision of a hearing committee shall be considered final for the purposes of these rules until it is stated in writing and signed by the presiding member of the hearing committee.

512.8 In every case in which the Board is authorized to render a final decision after an evidentiary hearing, the decision shall be rendered within thirty (30) days from receipt of the transcript of the hearing for appeals from the Department of Public Works and the Metropolitan Police Department, within sixty (60) days from receipt of the transcript of the hearing for appeals from the Department of Consumer and Regulatory Affairs, and within ninety (90) days from receipt of the transcript of the hearing for appeals from the Department of Human Services. The findings of fact, conclusions of law, and order shall be made in writing and signed by the presiding member of the committee making the decision. The Executive Officer shall then serve a copy of the written decision on all parties or their attorneys of record.

512.9 In deciding appeals, a hearing committee shall not have the authority to refuse to enforce any statute, rule, or regulation of the United States or of the District of Columbia on the ground that it is repugnant to the Constitution of the United States.

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2951-52 (May 16, 1997).

1 DCMR § 513 PETITIONS FOR RECONSIDERATION

513.1 A party may file a petition for reconsideration, rehearing, or re-argument within ten (10) days after the date of the service of the decision on that party. A party filing a petition shall serve a copy of the petition on each party separately represented. No answer to a petition shall be received unless requested by the hearing committee, but a petition will ordinarily not be granted in the absence of a request.

513.2 Neither the filing nor the granting of a petition shall operate as a stay of the decision unless specifically ordered by the hearing committee. A stay shall be granted only upon good cause, which shall involve a consideration of the likelihood of hearing committee error, irreparable harm to the petitioning party, the harm to other parties, and the public interest.

513.3 A petition shall state briefly and specifically the following:

(a) The matters of record or points of law alleged to have been erroneously decided or overlooked;

(b) The grounds relied upon; and

513.4 If a petition is based in whole or in part on new matter, the matter shall be set forth in an affidavit containing a statement that the petitioner could not with due diligence have known or have discovered the new matter prior to the hearing before the hearing committee.

513.5 The hearing committee in its discretion may permit or require oral argument upon a petition.

513.6 The hearing committee shall grant or deny a petition within forty-five (45) days after the filing of the petition, and failure by the hearing committee to act within that period shall be deemed a denial of the petition.

513.7 The decision granting or denying a petition shall be in writing, and shall be signed by the presiding member of the hearing committee. The Executive Officer shall serve copies of the decision on all parties or their attorneys of record.

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2952-54 (May 16, 1997).

1 DCMR § 514 MOTIONS AND OTHER PLEADINGS

514.1 Except by leave of a hearing committee during a hearing, an application for an order or other relief shall be made by filing a written motion. A motion shall state with particularity the grounds on which it is based and shall clearly set forth the order or relief sought. If a motion is to be supported by memoranda, affidavits, or other papers, they shall be attached and served with the motion.

514.2 A copy of each motion, response, opposition, reply or other pleading, filed with the Board shall be served on each party separately represented, and a certificate of service shall appear at the end of the pleading showing the date and method of service.

514.3 Any party may file a response or opposition to a motion within ten (10) days after service of the motion, but the Board may shorten or extend this time. The response or opposition shall not include a motion for other affirmative relief against the moving party.

514.4 A reply to a response or opposition may be filed within seven (7) days after service of the response or opposition, but the reply shall not reargue propositions presented in the motion nor present matters which are not strictly in reply to the response or opposition. No further pleading may be filed except by leave of the Board for extraordinary cause.

514.5 Each motion or other pleading shall meet the following requirements:

(a) It shall be typewritten on business size (8 ½ x 11) paper;

(b) It shall contain the name and docket number of the case;

(d) It shall be signed by the party on whose behalf it is filed or by that party’s representative or attorney; and

(e) An original and three (3) copies of each motion or other pleading shall be filed with the Board.

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2954-55 (May 16, 1997).

1 DCMR § 599 DEFINITIONS

599.1 When used in this chapter, the following terms and phrases shall have the meaning ascribed:

Board - the Board of Appeals and Review as established by Mayor’s Order 96-27, dated March 5, 1996.

Chairperson - the Chairperson of the Board, Hearing Committee, or, in the chairperson’s absence, the Vice Chairperson.

Hearing Committee or Committee - a three-member or single-member committee of the Board assigned by the Executive Officer to hear an appeal.

Executive Officer - the Executive Officer to the Board.

Director - the Director of the Department of Consumer and Regulatory Affairs, or the Director of a department or agency of the government of District of Columbia, or his or her authorized designee, or an administrative law judge, or a hearing examiner, or attorney examiner, or any board, commission, council, or other governmental entity with respect to whose action, decision, or order an appeal is taken to the Board, or a hearing, is held, or is to be held, by the Board.

District - the government of the District of Columbia.

Legal holidays - those public holidays listed in D.C. Code § 1-613.2(a) and (c) (1999 Repl.).

Party - an appellant, cross appellant, an appellee, a petitioner, or a respondent, or the director of a department or agency of the government of the District of Columbia, or his or her authorized designee, or any board, commission, council, or other governmental entity with respect to whose action, decision, or order an appeal is taken to the Board, or a hearing is held, or is to be held, by the board.

Person - an individual, firm, partnership, corporation, association, public agency, or governmental agency or department.

History

SOURCE: Final Rulemaking published at 44 DCR 3665 (June 27, 1997), incorporating by reference the text of Proposed Rulemaking published at 44 DCR 2934, 2955-56 (May 16, 1997).

1-6 CONSTRUCTION CODES COORDINATING BOARD

1 DCMR § 600 PURPOSE

600.1 This chapter establishes the procedures by which the Construction Codes Coordinating Board (“Board”) and the Department of Consumer and Regulatory Affairs (“Department”) shall comply with the requirements of Mayor’s Order 2009-22, dated February 25, 2009, in implementing the promulgation of revisions to the District of Columbia Construction Codes (D.C. Official Code §§ 6-1401 et seq. and Title 12 of the District of Columbia Municipal Regulations) (“Construction Codes”).

History

SOURCE: Final Rulemaking published at 31 DCR 6111 (December 7, 1984); as amended by Final Rulemaking published at 57 DCR 124 (January 1, 2010). EDITOR’S NOTE: The Building Code Advisory Committee, established by Mayor’s Order 81-65, dated March 9, 1981, was amended by Mayor’s Order 89-257, dated November 7, 1989.

1 DCMR § 601 NOTICE OF MEETINGS

601.1 Notice of meetings shall comply with the requirements of the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-576).

601.2 [REPEALED].

601.3 [REPEALED].

History

SOURCE: Final Rulemaking published at 31 DCR 6111 (December 7, 1984); as amended by Final Rulemaking published at 57 DCR 124 (January 1, 2010); as amended by Final Rulemaking published at 69 DCR 003865 (April 22, 2022). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 601

1 DCMR § 602 CONDUCT OF MEETINGS

602.1 The Chairperson of the Board shall conduct each meeting.

602.2 If the Chairperson is unable to serve, the Vice Chairperson shall do so.

602.3 The Chairperson may, at his or her discretion, allow members of the public to make statements at any meeting where the statements address:

(a) Any Construction Codes provisions under consideration by the Board; or

(b) Any procedures employed by the Board in considering amendments to the Construction Codes.

History

SOURCE: Final Rulemaking published at 31 DCR 6111 (December 7, 1984); as amended by Final Rulemaking published at 57 DCR 124, 125 (January 1, 2010).

1 DCMR § 603 PUBLIC COMMENT

603.1 The Board shall allow members of the public the opportunity to comment in writing on any Construction Codes provisions under consideration by the Board, technical advisory group, or working group.

603.2 The Board, at the discretion of the Chairperson, may allow oral comments on any Construction Codes provisions under consideration to be presented orally at its meetings; provided, that oral comments on a particular Construction Codes provision under consideration may be made only at a Board meeting at which that Construction Codes provision is under consideration.

History

SOURCE: Final Rulemaking published at 31 DCR 6111, 6112 (December 7, 1984); as amended by Final Rulemaking published at 57 DCR 124, 125 (January 1, 2010).

1 DCMR § 699 DEFINITIONS

699.1 As used in this chapter, the following terms and phrases shall have the meanings ascribed:

Advisory Committee - the Building Code Advisory Committee, established pursuant to Mayor’s Order No. 81-65, dated March 9, 1981.

Council - the Council of the District of Columbia.

Department - the Department of Consumer and Regulatory Affairs.

History

SOURCE: Final Rulemaking published at 31 DCR 6111, 6112 (December 7, 1984).

1-7 CLEMENCY BOARD

1 DCMR § 700 PURPOSE

700.1 This chapter establishes the procedures by which the District of Columbia Clemency Board (“Board”) and the Executive Office of the Mayor, Office of General Counsel (“OGC”) shall implement the Clemency Board Establishment Act of 2018 (D.C. Official Code § 24-481.01 et seq.).

700.2 The Board may issue letters of recommendation for a pardon or commutation for eligible individuals who have been convicted of District offenses. Upon issuance by the Board, the letters of recommendation will be transmitted to the President of the United States and the Department of Justice Office of the Pardon Attorney (“DOJ-Pardon”) for consideration during the clemency grant process. The Mayor may or may not supplement the Board’s letters of recommendation with a Mayoral letter.

History

SOURCE: Final Rulemaking published at 68 DCR 013812 (December 24, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 700

1 DCMR § 701 MEMBERSHIP

701.1 (a) In accordance with section 204(a) of the Clemency Act (D.C. Official Code § 24-481.04(a)), the Board shall consist of the following members:

(1) Five (5) individuals appointed by the Mayor pursuant to section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Official Code § 1-523.01(e)), with the following qualifications:

(A) One (1) member with a background in returning citizen issues;

(B) One (1) mental-health professional;

(D) One (1) member of the District of Columbia Bar in good standing, with experience in criminal law; and

(E) One (1) District resident community member.

(2) The Attorney General for the District of Columbia, or the Attorney General’s designee; and

(3) The Chairperson of the Council committee with jurisdiction over judiciary and public safety matters, or the Chairperson’s designee.

(b) In addition to the members described in paragraph (a) of this subsection, the Mayor shall, in accordance with section 204(b) of the Clemency Act (D.C. Official Code § 24-481.04(b)), invite the Director of the Public Defender Service for the District of Columbia, or the Director’s designee, and the United States Attorney for the District of Columbia, or the United States Attorney’s designee, to participate as members of the Board. Designees of these members must come from within their respective organizations.

701.2 As provided in section 204(e) of the Clemency Act (D.C. Official Code § 24-481.04(e)):

(a) Board members appointed pursuant to subsection 701.1(a)(1) of this section shall serve a four (4) year term, except as provided in paragraph (b) of this subsection.

(b) Of the members initially appointed under subsection 701.1(a)(1) of this section, three (3) members shall be appointed to serve for a four (4) year term and two (2) members shall be appointed to serve for a three (3) year term.

(c) The terms of the members first appointed pursuant to subsection 701.1(a)(1) of this section shall begin on the date by which a majority of the members appointed pursuant to subsection 701.1(a)(1) of this section are sworn in, which shall become the anniversary date for all subsequent appointments.

701.3 (a) The Board shall select a Chairperson from among the members appointed pursuant to subsection 701.1(a)(1).

(b) The Chairperson shall serve for a term of one (1) year and may be reelected to serve more than one (1) term.

(1) The Chairperson shall be responsible for the development of the agenda, with the assistance of OGC, and shall preside at all meetings of the Board;

(2) The Chairperson, with the assistance of OGC, shall be responsible for scheduling dates for meetings and hearings. The Chairperson shall consult with OGC to achieve compliance with Open Meetings Act requirements, and determine what technical assistance may be required;

(3) The Chairperson may establish committees or subcommittees when necessary to accomplish the work of the Board; and

(4) The Chairperson shall sign all correspondence necessary to carry out the purposes and functions of the Board. Electronic signatures are sufficient for this purpose.

History

SOURCE: Final Rulemaking published at 68 DCR 013812 (December 24, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 701

1 DCMR § 702 NOTICE OF MEETINGS

702.1 With the assistance of OGC, the Board shall cause to be published in the District of Columbia Register and on the Board’s website notice of meetings of the Board. Except as provided in Subsection 702.3, notice of each meeting shall be given not less than forty-eight (48) hours or two (2) business days—whichever is greater—prior to the meeting pursuant to section 406 of the Open Meetings Act (D.C. Official Code § 2-576).

702.2 Each notice of a meeting shall contain:

(a) The date, time, location, and planned agenda for the meeting;

(b) A website address at which interested persons can review the meeting agenda and Board minutes; and

(c) If the meeting or any portion of the meeting is to be closed, the notice shall include, if feasible, a statement of intent to close the meeting or any portion of the meeting, including citations to the reason for closure under section 405(b) of the Open Meetings Act (D.C. Official Code § 2-575(b)), and a general description of the matters to be discussed during the closed meeting or the closed portion of the meeting.

702.3 Emergency meetings may be held on notice of less than forty-eight (48) hours or two (2) business days to address an urgent matter in accordance with section 406(4) of the Open Meetings Act (D.C. Official Code § 2-576(4)); notice of an emergency meeting shall be provided to the public through the Board’s website at the same time as notice is provided to the members of the Board.

History

SOURCE: Final Rulemaking published at 68 DCR 013812 (December 24, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 702

1 DCMR § 703 CONDUCT OF MEETINGS

703.1 The Board shall hold at least eight (8) meetings a year, at such times and places as are provided in the notice of the meeting.

703.2 The Board may, at a regular meeting of the Board, modify what constitutes a quorum for the transaction of business.

703.3 Except as otherwise provided by these rules, a majority for voting purposes shall consist of a majority of those members present and voting.

703.4 The Chairperson of the Board shall conduct each meeting. If the Chairperson is unable to conduct a meeting, the Chairperson may designate another member of the Board to conduct the meeting.

703.5 The Chairperson may, at their discretion, allow members of the public to make statements at any meeting.

703.6 Additional items may be placed on the agenda during a regularly noticed meeting by a majority vote of the members present and voting.

703.7 (a) The Board may close a meeting or a portion of a meeting to the public for a reason listed in section 405(b) of the Open Meetings Act (D.C. Official Code § 2-575(b)).

(b) In accordance with section 406 of the Clemency Act (D.C. Official Code § 24-481.06), the Board shall close a meeting or a portion of the meeting to the public to:

(1) Consider applications for a clemency recommendation; and

(2) Discuss matters that would allow for the identity of any person who is a subject of the discussion, other than a person who has expressly consented to be identified, to be ascertained.

(1) The Board shall meet in public session, at which time a majority of members present vote in favor of closure through a roll call vote; and

(2) The Chairperson shall make a statement providing the reason for closure and the subjects to be discussed.

History

SOURCE: Final Rulemaking published at 68 DCR 013812 (December 24, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 703

1 DCMR § 704 APPLICATIONS FOR LETTERS OF RECOMMENDATION

704.1 The application form for a letter of recommendation from the Clemency Board shall be issued and updated by the Board.

704.2 To receive a letter of recommendation from the Board, an applicant must submit a complete application, which shall consist of the completed Board application form, and any information or documentation necessary for the Board to consider when deciding whether to issue a letter of recommendation for clemency, along with the signed releases granting the Board permission to access criminal, civil, medical and other records, on behalf of the applicant, that are relevant to the Board’s processing of the application. Applications to the Board are not applications for a pardon and/or commutation. Applications submitted to the Board are for a letter of recommendation from the District recommending a pardon or commutation, on behalf of an applicant, to the President of the United States.

704.3 The Board may issue letters of recommendation for eligible individuals who have been convicted of a District offense. Letters of recommendation for clemency are issued in the sole discretion of the Board and are sent to the President of the United States, with a copy sent to DOJ-Pardon for consideration in the clemency review process. The letters shall be sent through the established processes for the District government to communicate with the federal government.

704.4 Applications for a letter of recommendation may be submitted electronically (as described on the Board’s website—clemency.dc.gov) or via postal mail to the following address:

Executive Office of the Mayor

Mayor’s Office of General Counsel

Attn: Clemency Board

1350 Pennsylvania Avenue, NW, Suite 300

Washington, DC 20004

704.5 In accordance with section 205(b) of the Clemency Act (D.C. Official Code § 24-481.05(b)), no application for a clemency recommendation shall be filed if other forms of judicial or administrative relief are available based on existing law and already-discovered evidence.

History

SOURCE: Final Rulemaking published at 68 DCR 013812 (December 24, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 704

1 DCMR § 705 REVIEW OF APPLICATIONS

705.1 (a) Upon receipt of an application, OGC shall conduct a preliminary review of the application to determine whether the application is complete, and whether the applicant is eligible for a letter of recommendation under the Clemency Act.

(b) If an application is missing required or otherwise necessary information or documentation, OGC may promptly send a letter to the applicant requesting that information or documentation. If OGC does not hear from the applicant within three (3) months after sending the letter requesting the additional information or documentation, OGC will send a second letter requesting the information or document. If the applicant fails to respond to the second letter within three (3) months, the Board may deem the application incomplete and close the application.

(c) If the applicant is not eligible for a letter of recommendation under the Clemency Act, the Board shall send a letter to the applicant informing them of their ineligibility and provide information on how to reapply if they do become eligible. The application will then be closed.

(d) The Board may authorize OGC to send notices to an applicant if:

(1) An application is incomplete or complete;

(2) An application is being closed or deferred; or

(3) The applicant is ineligible according to the Clemency Act.

(e) If the application is complete, and the applicant is deemed eligible, the Board shall decide, within six (6) months after receiving a complete application, whether to recommend the applicant for clemency to the President of the United States in accordance with section 203(b)(2) of the Clemency Act (D.C. Official Code § 24-481.03(b)(2)).

(f) The Board may deem an application incomplete and defer it, thereby extending the six (6) month decision period if the Board lacks sufficient information to form a recommendation, such as when a request for background information is delayed, or when a hearing could not be scheduled timely for reasons outside the Board’s control.

(g) An application to the Board may be closed, complete, deferred, denied, or granted, as follows:

(1) The Board may close an application if it deems the application incomplete because the application is missing necessary supporting documents that the applicant has failed to provide within six (6) months after applying as required by § 705.1(b), or if it deems the applicant ineligible based on the eligibility criteria set forth under section 205(c) and (d) of the Clemency Act (D.C. Official Code § 24-481.05(c) & (d)).

(A) The closure of an application is not a denial of the application.

(B) An applicant whose application has been closed may subsequently reapply if the applicant provides the documents necessary to complete the application or has become eligible.

(2) An application is complete if the application form and releases required by 704.2 are fully filled out by the applicant, and the application contains all the necessary information and documentation for the Board to consider when deciding whether to issue a letter of recommendation for clemency. The relevant information and documentation the Board may need to evaluate an application may include information or documents collected from law enforcement agencies, the courts, and the applicant.

(3) An application is deferred if:

(A) The application is kept open because the Board has determined that the applicant will need more time to provide supporting documentation; or

(B) A hearing was needed but, for logistical or substantive reasons, the hearing was not able to be scheduled within the six (6) month time frame to process an application.

(4) An application is denied if the Board, after review, has decided not to provide a letter of recommendation for clemency to the applicant. Denied applicants may reapply for a letter of recommendation from the Board two (2) years after receiving a denial.

(5) An application is granted if the Board after review decides to provide a letter recommending the applicant for clemency. A granted application is not a grant for a pardon or commutation; it is a grant only for a letter of recommendation from the Board.

705.2 (a) Pursuant to section 205(c) of the Clemency Act (D.C. Official Code § 24-481.05(c)), a person seeking a letter of recommendation for a pardon must:

(1) Wait five (5) years after the date of the release of the applicant from confinement or, in case no prison sentence was imposed, wait five (5) years after the date of the conviction of the applicant;

(2) Not have been convicted of any other criminal offense that is relevant to the conviction for which the applicant seeks the pardon, as determined by the Board;

(3) Not be subject to any pending criminal charge that is relevant to the conviction for which the applicant seeks the pardon, as determined by the Board;

(4) Not be a party to a past or pending civil case that is relevant to the conviction for which the applicant seeks the pardon, as determined by the Board;

(5) Demonstrate that the applicant has been rehabilitated; and

(6) Describe how the receipt of a pardon would help the applicant achieve his or her goals and contribute to the community.

(b) Pursuant to section 205(d) of the Clemency Act (D.C. Official Code § 24-481.05(d)), persons seeking a letter of recommendation for a commutation must:

(1) Demonstrate that the applicant has been rehabilitated; and

(2) Describe how commutation would help the applicant achieve his or her goals and contribute to the community.

705.3 (a) In considering applications for letters of recommendations for clemency, the Board shall consider both cases of actual innocence and cases of those who are remorseful and can show they have been rehabilitated in accordance with section 203 (b)(3) of the Clemency Act (D.C. Official Code § 24-481.03(b)(3)). The Board may also evaluate applications for letters of recommendation based on other criteria, including the standards outlined in DOJ’s Justice Manual, DOJ’s policies and priorities, and/or clemency-related initiatives of the President of the United States, the Mayor of the District of Columbia, or other interested institutions.

(b) Applicants who are terminally ill or elderly, or who no longer present a danger to the community shall receive special consideration in accordance with section 203(b)(4) of the Clemency Act (D.C. Official Code § 24-481.03(b)(4)).

(c) Applicants shall receive special consideration if the sentencing scheme, including a mandatory-minimum sentence, for the offense for which they were convicted was changed to provide for less severe penalties after the applicant was convicted under the sentencing scheme, in accordance with section 204(e) of the Clemency Act (D.C. Official Code § 24-481.05(e)).

705.4 To the extent consistent with the Clemency Act and other District law, the Board may prioritize applications for review according to the priorities or initiatives outlined above, or in the order in which applications are filed or completed, or some combination of both, or may prioritize applications of a particular type if it so chooses. The Board may authorize OGC to prioritize the applications under any criteria identified by the Board.

705.5 The Board need not score, nor award or deduct points for, any particular element of an application. The Board may come to different determinations on applications that by some measures appear similar. The Board may establish procedures for engaging pro bono counsel to review or advise on applications but may not delegate final determinations, except when delegating that authority to OGC to close applications that are incomplete or from persons who are ineligible for a letter of recommendation from the Board.

705.6 (a) The Board may gather facts, hold hearings, and/or invite witnesses when evaluating an application for a letter of recommendation in accordance with D.C. Official Code § 24-481.03(b)(6).

(b) Should a hearing be held, it will be held in closed session, and applicants will be allowed access to their own attorney or non-attorney representative in accordance with section 203(b)(7) of the Clemency Act (D.C. Official Code § 24-481.03(b)(7)).

(1) Notice of each hearing shall be given at least ninety (90) days before the hearing if feasible and will be sent to the applicant and the applicant’s attorney or non-attorney representative, if any.

(2) Each notice of the hearing shall contain:

(A) The date, time and location for the hearing (including

for hearings conducted by video or teleconference); and

(B) The process for an applicant to inform the Board of a need to reschedule the hearing.

(c) In lieu of a hearing, the Board may send written questions to the applicant to provide additional information for the Board to consider.

(d) The Board may grant or deny applications for letters of recommendation without a hearing.

(e) The Board will not provide counsel to applicants nor will the Board or the District pay for counsel for applicants.

705.7 The Board shall grant, defer, or deny applications for letters of recommendation by a majority vote of the members present and voting. A Board member who in their professional or personal capacity has previous involvement with an applicant’s case must recuse themselves from voting on the application but may discuss cases or provide information known to them, consistent with their office’s policies, conflicts of interest rules, and any applicable ethical or professional standards.

705.8 When the Board votes to recommend an application to the President of the United States, the Board shall:

(a) Send the application, along with a finalized letter describing why the Board recommended the person for clemency, and any supporting documents, to the President of the United States and DOJ-Pardon through the Mayor’s correspondence unit or similar process. If certain supporting documentation cannot be further transmitted consistent with obligations to protect confidentiality, the Board may make arrangements for in camera viewing of such documentation where possible, legally and logistically. The Board may delegate any letter writing to OGC and the Board Chairperson may edit or sign any letter without further obtaining a majority vote on the letter itself.

(b) Provide notification, to include the applicant’s name, to the Chairman of the Council and the chairperson of the Council committee with jurisdiction over judiciary matters in accordance with section 203(b)(8)(B) (D.C. Official Code § 24-481.03(b)(8)(B)).

705.9 Applicants shall be provided notice of final decisions. Decisions by the Board and the Mayor on whether to issue, or not issue, a letter of recommendation for clemency are not subject to any administrative or judicial review—these decisions are expressly committed to the discretion of the Board and the Mayor. Further, the basis and conclusions for these decisions are also not subject to any administrative or judicial review.

705.10 Applicants may reapply to the Board for a letter of recommendation starting two (2) years after the date of any denial of a previous application.

History

SOURCE: Final Rulemaking published at 68 DCR 013812 (December 24, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 705

1 DCMR § 706 CONFIDENTIALITY

706.1 Proceedings of the Board shall be subject to the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-571 et seq.), except that Board proceedings shall be held in closed sessions when permitted by subsection 703.7.

706.2 Persons other than Board members who attend any Board meeting that is closed to the public shall not disclose what occurred at the meeting to anyone who was not in attendance, except insofar as disclosure is necessary for that person to comply with a request for information from the Board in accordance with section 206(b)(1) of the Clemency Act (D.C. Official Code § 24-481.06(b)(1)).

706.3 Board members who attend closed meetings shall not disclose what occurred with anyone who was not in attendance (except other Board members), except insofar as disclosure is necessary to carry out the duties of the Board in accordance with section 206(b)(2) of the Clemency Act (D.C. Official Code § 24-481.06(b)(2)).

706.4 In accordance with section 207 of the Clemency Act (D.C. Official Code § 24-481.07), information and records of the Board shall not be disclosed voluntarily, pursuant to a subpoena, in response to a request for discovery in any adjudicative proceeding, or in response to a request made under the Freedom of Information Act, effective March 29, 1977 (D.C. Law 1-96; D.C. Official Code § 2-531 et seq.), nor shall they be introduced into evidence in any administrative, civil, or criminal proceeding, except that:

(a) Information and records of the Board may be disclosed by members of the Board only as necessary to carry out the Board’s duties and purposes;

(b) A member of the Board who discloses information pursuant to this subsection shall take all reasonable steps to ensure that the information disclosed, and the persons to whom the information is disclosed, are as limited as possible; and

(c) Information and records presented to the Board shall not be immune from subpoena or request for discovery in an adjudicative proceeding or prohibited from being introduced into evidence solely because the information and records were presented to the Board, if the information and records have been obtained through sources other than the Board or its members.

History

SOURCE: Final Rulemaking published at 68 DCR 013812 (December 24, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 706

1 DCMR § 707 LEGAL ADVICE

707.1 The Board, or its members individually, and OGC or its designee(s) shall not provide legal advice to any applicants. Any letters issued by the Board shall not serve as legal advice or create an attorney-client relationship.

History

SOURCE: Final Rulemaking published at 68 DCR 013812 (December 24, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 707

1 DCMR § 708 REPORTING REQUIREMENTS

708.1 By December 15th of each year, OGC shall submit to the Council a report on the number of letters of recommendation issued by the Board for pardons and commutations for the previous fiscal year in accordance with section 203(b)(9) of the Clemency Act (D.C. Official Code § 24-481.03(b)(9)). The report shall include, but not be limited to, the following:

(a) The demographic information of applicants, provided that such demographic information shall not include personally identifiable information;

(b) The number of applications the Board received; including the number that were complete at submission and the number that, upon further submissions, became complete;

(d) The number of applications denied a letter of recommendation from the Board;

(e) The number of applications for a letter of recommendation that were deferred by the Board;

(f) The number of applications for a letter of recommendation that were closed by the Board;

(g) The number of applications for pardons and commutations granted by the President of the United States that involve individuals who have been convicted of District offenses;

(h) The number of applications for pardons and commutations granted by the President of the United States that involve individuals who have been convicted of District offenses and received a letter of recommendation from the Board; and

(i) Any trends the Board deems significant to include in the report.

History

SOURCE: Final Rulemaking published at 68 DCR 013812 (December 24, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 708

1 DCMR § 709 ADMINISTRATION

709.1 OGC, or its designee(s), shall provide administrative and staff support to the Board.

709.2 The Mayor’s General Counsel, or her or his designee within the Office of General Counsel, shall serve as Staff Director of the Board. The Staff Director may further designate an OGC staffer to assist the Secretary of the Board in fulfilling all the duties of a Secretary, including maintaining the files of the Board and records of its decisions.

709.3 OGC may rely on other agencies for assistance in carrying out its duties, including the provision of computer technical assistance, inclusion of notices in the District of Columbia Register, Mayoral correspondence, transmitting Board recommendations to the President of the United States and DOJ-Pardon, and archiving or destruction of records.

History

SOURCE: Final Rulemaking published at 68 DCR 013812 (December 24, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 709

1 DCMR § 799 DEFINITIONS

799.1 As used in this chapter, the following terms and phrases shall have the meaning ascribed:

Board – the Clemency Board, as established by the Clemency Act.

Clemency – the power of the President of the United States to modify an individual’s criminal sentence through either commutation or pardon.

Clemency Act – Clemency Board Establishment Act of 2018, effective December 13, 2018 (D.C. Law 22-197; D.C. Official Code § 24-481.01 et seq.).

Commutation – a reduction in a sentence or fine imposed on an individual.

District Offense – a violation of a District law or regulation.

DOJ-Pardon – the Department of Justice, Office of the Pardon Attorney.

Hearing – a closed Board session at which an application is reviewed, information about an application is gathered, or an applicant, victim, or other witness is offered the opportunity to testify about an application or applications.

Meeting – an open or closed session to conduct the business of the Board.

OGC – the Office of the General Counsel within the Executive Office of the Mayor.

Pardon – the removal of collateral consequences associated with the punishment imposed on an individual, usually granted to restore an individual’s civil rights.

History

SOURCE: Final Rulemaking published at 68 DCR 013812 (December 24, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 799

1-8 [REPEALED]

1 DCMR § 800 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 800

1 DCMR § 801 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 33 DCR 7296 (November 21, 1986); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 801

1 DCMR § 802 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 33 DCR 7296, 7297 (November 21, 1986); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 802

1 DCMR § 803 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 803

1 DCMR § 804 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 804

1 DCMR § 805 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 33 DCR 7296, 7297 (November 21, 1986); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 805

1 DCMR § 806 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 33 DCR 7296, 7297 (November 21, 1986); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 806

1 DCMR § 807 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337, 1342-43 (March 8, 1985); as amended by Final Rulemaking published at 33 DCR 7296, 7297-98 (November 21, 1986); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 807

1 DCMR § 808 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 808

1 DCMR § 809 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 809

1 DCMR § 810 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 810

1 DCMR § 811 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 811

1 DCMR § 812 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 812

1 DCMR § 813 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 813

1 DCMR § 814 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 33 DCR 7296, 7298 (November 21, 1986); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 814

1 DCMR § 815 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 815

1 DCMR § 816 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 816

1 DCMR § 817 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 817

1 DCMR § 818 [REPEALED]

History

SOURCE: Final Rulemaking published at 32 DCR 1337 (March 8, 1985); as amended by Final Rulemaking published at 33 DCR 7296, 7299 (November 21, 1986); as amended by Final Rulemaking published at 67 DCR 7860 (June 26, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 818

1-9 AUDIT STANDARDS FOR GOVERNMENTAL ORGANIZATIONS, PROGRAMS, ACTIVITIES, AND FUNCTIONS

1 DCMR § 900 APPLICABILITY

900.1 The audit standards and procedures incorporated by reference in § 901 shall apply to audits of all government organizations, programs, activities, and functions, performed by auditors employed by the Office of the District of Columbia Auditor.

900.2 The audit standards and procedures shall also apply to audits of non-governmental entities which receive District or federal funds, such as contractors and grantees.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is section 455(b) of the District of Columbia Home Rule Act of 1973, as amended, Pub. L. No. 93-198, 87 Stat. 803, D.C. Code § 47-111(b)(1997 Repl. and 1999 Supp.)
SOURCE: Final Rulemaking published at 33 DCR 888 (February 14, 1986).

1 DCMR § 901 AUDIT STANDARDS

901.1 Auditors in the Office of the District of Columbia Auditor shall comply with the standards and procedures contained in the Standards for Audit of Governmental Organizations, Programs, Activities, and Functions (also known as the “Yellow Book”), issued by the Comptroller General of the United States, February 1981. These standards and procedures are incorporated by reference as a part of this chapter.

901.2 In the case of that limited number of financial audits not covered by the standards and procedures cited in § 901.1, the standards and procedures contained in Audits of State and Local Governmental Units (Third Edition), prepared by the Committee on Governmental Accounting and Auditing, American Institute of Certified Public Accountants, shall be the standards and procedures used. These standards and procedures are incorporated by reference as a part of this chapter.

901.3 The publication Standards for Audit of Governmental Organizations, Programs, Activities, and Functions, incorporated by reference in § 901.1, and the publication Audits of State and Local Governmental Units, incorporated by reference in § 901.2, shall be kept on file and shall be available for public inspection at the Office of the District of Columbia Auditor.

901.4 A copy of the publication Standards for Audit of Governmental Organizations, Programs, Activities, and Functions (February 1981) may be obtained from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402.

901.5 A copy of the publication Audits of State and Local Governmental Units (Third Edition) may be obtained from the American Institute of Certified Public Accountants, 1211 Avenue of the Americas, New York, New York 10036.

901.6 The District of Columbia Auditor may from time to time adopt new standards and procedures in accordance with the procedures provided in the District of Columbia Administrative Procedure Act (D.C. Code §§ 1-1501 et seq. (1999 Repl.)).

History

SOURCE: Final Rulemaking published at 33 DCR 888-89 (February 14, 1986).

1 DCMR § 902 [RESERVED]

1 DCMR § 903 [RESERVED]

1 DCMR § 904 FREEDOM OF INFORMATION INQUIRIES

904.1 A request to inspect an identifiable record or other information in the possession of the Office of the District of Columbia Auditor, not available in the usual course of operation, shall be submitted by letter addressed to the District of Columbia Auditor. The request shall have “Freedom of Information Request” or “Information Request” marked clearly on the envelope.

904.2 The request shall sufficiently identify the records sought to enable the Auditor to locate them without unreasonable effort. Where possible, specific information which may help to identify the records shall be supplied.

904.3 If the Auditor determines that the request does not sufficiently identify the information requested, the Auditor shall notify the requester of the need for additional clarification.

904.4 Within ten (10) days, excluding Saturdays, Sundays, and legal holidays, of receipt of a request, the Auditor shall make the information available to the requester.

904.5 The Auditor may deny a request if the information requested is within one (1) of those areas designated as exempt from disclosure pursuant to D.C. Code § 1-1524 (1999 Repl.).

904.6 If a requested record cannot be located from the information supplied, or is known to have been destroyed or otherwise disposed of, the Auditor shall so notify the requester.

904.7 There shall be no charge for providing access to information. The first twenty (20) pages copied pursuant to a request shall be without charge. Copies in excess of twenty (20) pages shall be charged at the rate of ten cents (10¢) per page.

904.8 The Auditor shall notify the requester in advance of charges, and no chargeable copies shall be made without the written agreement of the requester.

904.9 If the Auditor determines that furnishing copies without charge is in the best interest of the public, the Auditor may waive all or part of the charge.

904.10 The Auditor shall maintain a file of all requests pursuant to this section and the disposition of each request.

History

SOURCE: Final Rulemaking published at 33 DCR 888, 889-90 (February 14, 1986).

1 DCMR § 905 NOTICE OF ACTIONS WITH REGARD TO ISSUANCE OF DEBT INSTRUMENTS

905.1 The requirements of this section shall apply to every department, agency, or other instrumentality of the government of the District of Columbia which, with regard to the issuance of bonds or other debt instruments, does any of the following:

(a) Solicits proposals from, contracts with, or pays for the services of any of the following:

(1) Financial advisor;

(2) Legal counsel;

(3) Underwriter;

(4) Transfer agent; or

(5) Registrar;

(b) Disseminates any draft or final official statement or prospectus.

905.2 Any department, agency, or instrumentality taking any of the actions described in § 905.1 shall file with the Office of the District of Columbia Auditor a copy of the solicitation for proposals, contract, payment advice, draft of final official statement, or prospectus within five (5) days of taking the action.

905.3 Every department, agency, or instrumentality of the government of the District of Columbia which issues bonds or other debt instruments shall, not later than five (5) days before settlement of the proposed debt issue, give written notice to the Office of the District of Columbia Auditor of the following:

(a) The amount of debt to be incurred;

(b) The term of the obligation;

(d) The total proceeds.

History

SOURCE: Final Rulemaking published at 27 DCR 3145 (July 18, 1980), incorporating by reference the text of Proposed Rulemaking published at 27 DCR 2439 (June 6, 1980).

1-10 ARREST RECORDS: THE DUNCAN ORDINANCE

1 DCMR § 1000 JUVENILE RECORDS

1000.1 No record, copy, extract, compilation, or statement concerning any record relating to any juvenile offender or relating to any juvenile with respect to whom the Metropolitan Police Department retains any record or writing, shall be released to any person for any purpose except as may be provided under D.C. Official Code §§ 16-2331 through 16-2335 (1997 Repl).

1000.2 The release of the information specified in § 1000.1 to members of the Metropolitan Police Department, and the dissemination of that information by the Metropolitan Police Department, to the police departments of other jurisdictions wherein juveniles apprehended in the District of Columbia may reside, shall be authorized.

1000.3 The release of any information specified in § 1000.1 to individuals to whom the information may relate or to the parents or guardians or duly authorized attorneys of such individuals, shall be authorized in those cases in which applicants therefore present documents of authenticity indicating need for that information for reasons other than employment. The term “employment,” in the context of this paragraph, shall not include military service.

History

SOURCE: Duncan Ordinance, adopted by the Board of Commissioners at a meeting dated October 31, 1967; minutes from the Board of Commissioners’ meeting dated November 2, 1967. District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1000

1 DCMR § 1001 [RESERVED]

1 DCMR § 1002 [RESERVED]

1 DCMR § 1003 [RESERVED]

1 DCMR § 1004 ADULT RECORDS

1004.1 Unexpurgated adult arrest records, as provided under D.C. Official Code § 5-113.02, shall be released to law enforcement agents upon request, without cost and without the authorization of the persons to whom those records relate and without any other prerequisite, provided that the law enforcement agents represent that those records are to be used for law enforcement purposes.

1004.2 The term “law enforcement agent” shall be limited in this context to persons having cognizance of criminal investigations or of criminal proceedings directly involving the individuals to whom the requested records relate. The term includes judges, prosecutors, defense attorneys (with respect only to the records of their client defendants), police officers, federal agents having the power of arrest, clerks of courts, corrections, parole, and probation and supervision officers.

1004.3 The term “law enforcement agent” does not include private detectives and investigators; personnel investigators, directors and officers; private security agents or others who do not ordinarily participate in the process involving the detection, apprehension, trial or punishment of criminal offenders.

1004.4 Subject to the provisions of §§ 1004.1-1004.3, adult arrest records, as provided under D.C. Official Code § 5-113.02, shall be released in a form which reveals only entries relating to offenses which have resulted in convictions or forfeitures of collateral in a court proceeding. A forfeiture of collateral in a court proceeding shall not include a forfeiture of collateral that is made pursuant to the post-and-forfeit procedure, as that term is defined in D.C. Official Code § 5-335.01(a).

1004.5 Subject to the provisions of §§ 1004.1-1004.3, adult arrest records, as provided under D.C. Official Code § 5-113.02, shall be released in a form which reveals only entries relating to offenses for which the sentence was completed not more than ten (10) years before the date upon which the records are requested or for which collateral was forfeited in a court proceeding not more than ten (10) years before the date upon which the records are requested.

1004.6 Subject to the provisions of §§ 1004.1-1004.3, copies or extracts of adult arrest records, as provided under D.C. Official Code § 4-132 (1994 Repl.) or statements of the non- existence of those records shall be released to applicants therefore upon the payment of fees to be based upon the cost of editing and producing such copies, extracts or statements.

1004.7 Applicants who are not the persons to whom those records may relate shall, in addition to the required fees, present releases in appropriate form executed by the persons to whom the records may relate.

1004.8 No fee shall be required with respect to any record solicited by any agent of the federal or District of Columbia government for a governmental purpose.

1004.9 Notwithstanding Subsections 1004.4 and 1004.5, an individual may request production of his or her arrest record for the purposes of determining eligibility for sealing or expunging that record pursuant to § 16-801 et seq. or similar sealing statutes in the District or in another jurisdiction and may request production of his or her arrest record for filing a sealing or expungement motion. For the purposes of this subsection, an “arrest record” shall contain a listing of all adult arrests, regardless of the disposition of each arrest, and regardless of the date on which the arrest, conviction, or completion of the sentence occurred.

1004.10 Nothing in this section shall prohibit the Metropolitan Police Department from providing unexpurgated adult arrest records to employees or contractors working to reduce gun violence, or serve individuals at high risk of being involved in gun violence, within the following District agencies:

The Criminal Justice Coordinating Council;

The Office of Gun Violence Prevention;

The Office of Neighborhood Safety and Engagement;

The Office of the Attorney General; and

(e) The Office of Victim Services and Justice Grants.

History

SOURCE: Duncan Ordinance, adopted by the Board of Commissioners at a meeting dated October 31, 1967; minutes from the Board of Commissioners’ meeting dated November 2, 1967; as amended by the Re-Entry Facilitation Amendment Act of 2012, effective June 15, 2013 (D.C. Law 19-319; 60 DCR 2333 (March 1, 2013); as amended by the Post-Arrest Process Clarification Amendment Act of 2014, effective April 24, 2015 (D.C. Law 20-243; 61 DCR 8320 (August 15, 2014)); as amended by the Comprehensive Policing and Justice Reform Amendment Act of 2021, effective April 21, 2023 (D.C. Law 24-345; 70 DCR 000953 (January 27, 2023). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1004

1-11 GUIDELINES OF THE BOARD OF REVIEW FOR ANTI-DEFICIENCY VIOLATIONS

1 DCMR § 1100 SOURCE OF AUTHORITY

1100.1 The Board of Review for Anti-Deficiency Violations of the Government of the District of Columbia ("Board") was established by the Mayor of the District of Columbia ("Mayor"), pursuant to the District Anti-Deficiency Act of 2002 ("Act"), as amended, effective April 4, 2003 (D.C. Law 14-285; D.C. Official Code § 47.355.01 et seq. (2005 Repl.)), Mayor's Order 2003-60, dated May 16, 2003, and Mayor's Order 2003-156, dated November 7, 2003.

1100.2 These Guidelines are issued pursuant to the authority vested in the Mayor by sections 422(2), (6) and (11) of the District of Columbia Home Rule Act of 1973, as amended, 87 Stat. 790, Pub. L. No. 93-198, D.C. Official Code § 1-204.22(2), (6) and (11) (2001). Pursuant to Mayor's Order 2004-125, dated August 2, 2004, the Mayor has delegated to the Board the authority to promulgate these Guidelines.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1101 PURPOSE

1101.1 The purpose of these Guidelines is to implement the authority delegated to the Board by establishing an effective, efficient, and fair system of independent review and resolution of reported violations of the Act.

1101.2 The purpose of the Board is to advise and make recommendations to the Mayor, the Chief Financial Officer ("CFO"), the Inspector General ("IG"), and the Council of the District of Columbia ("Council") with respect to reported anti-deficiency violations by officers and employees of the government of the District of Columbia ("District"). Because maintaining the fiscal integrity of the District government is of paramount importance, it is critical that reports of violations of the Act be evaluated by a credible, independent investigative board, which will assess culpability and recommend appropriate action.

1101.3 The Act does not grant the Board the authority to review, investigate, determine violations of or recommend action regarding violations of the District's procurement laws. In addition, although several of the prohibited actions contained in the federal Anti-Deficiency Act, 31 U.S.C. §§ 1341, 1342, 1349-1351, 1511-1519 (2006), are repeated in the Act, the Act does not grant the Board the authority to review, investigate, determine violations of or recommend action regarding violations of the federal Anti-Deficiency Act.

History

SOURCE: Final Rulemaking published at 51 DCR 7968 (August 13, 2004); as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1102 MEMBERS

1102.1 The direction, control, and management of the affairs and funds of the Board shall be vested in the members, who shall pursue such policies and activities in accordance with the provisions of the relevant laws of the District of Columbia and the United States.

1102.2 Pursuant to Mayor's Order 2003-156, the Board is comprised of five (5) District government employees ("Members"), as follows: two (2) representatives who serve at the pleasure of the CFO, one (1) of whom shall serve as Chair-person of the Board; two (2) representatives who serve at the pleasure of the Mayor; and one (1) representative who serves at the pleasure of the IG.

1102.3 Each Member shall be appointed to a term of three (3) years. The Chairperson may excuse a Member from a meeting of the Board for an emergency reason. Any Member who fails to attend three (3) consecutive meetings shall be deemed removed from the Board, and a vacancy created. Such vacancies shall be filled by the appropriate appointing authority as outlined in section 1102.2.

1102.4 A Member may resign at any time by giving notice thereof in writing to that Member's appointing authority, with a courtesy copy to the Chairperson of the Board.

1102.5 A Member may serve beyond the end of his or her term until re-appointed, or replaced, by the appropriate appointing authority as outlined in section 1102.2. No person may serve more than two (2) full terms.

1102.6 The officers of the Board shall be a Chairperson and a Vice-Chairperson, and such other officers as may from time to time be deemed advisable by the Board. Unless otherwise provided in the Act or these Guidelines, such officers shall be chosen by a majority vote of the Board.

1102.7 Unless otherwise provided in the Act or these Guidelines, the officers of the Board shall hold their offices for such terms as shall be determined from time to time by the Board and shall exercise such powers and perform such duties as shall be specified by the Board and, if not inconsistent therewith, as are customarily exercised by corporate officers holding such offices.

1102.8 The officers of the Board shall hold office until their successors are chosen and qualified. Unless otherwise provided in the Act or these Guidelines, any officer may be removed at any time by a majority of the Members, with or without cause, and any vacancy occurring in any office may be filled by the vote of a majority of the Members.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1103 MEETINGS OF THE BOARD

1103.1 The Chairperson of the Board shall preside at all meetings of the Board at which he or she is present and shall perform such other duties as may be required of him or her by the Board.

1103.2 The Vice-Chairperson of the Board shall, in the absence of the Chairperson, preside at meetings of the Board and shall perform such other duties as may be required of him or her by the Board.

1103.3 Meetings of the Board may be called at the discretion of the Chairperson or at the request of any two Members. At least forty-eight (48) hours in advance of each meeting of the Board, notice shall be given to each Member.

1103.4 Notice of a meeting of the Board shall specify the date, time and place of the meeting. The notice may be delivered by methods including, but not limited to, telephone, email, government mail or announcement at a previous meeting. A Member may waive notice of any meeting by written statement filed with the Secretary. Attendance at a meeting also shall constitute a waiver of notice.

1103.5 The Board shall convene within sixty (60) days of receipt of a notice of a violation to investigate the causes of the violation.

1103.6 Meetings of the Board shall be closed except to those requested to attend or as otherwise specified in these Guidelines.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1104 QUORUM

1104.1 Except as otherwise provided in the Act or in these Guidelines, three (3) Members shall constitute a quorum for the Board to conduct a meeting or for the transaction of business.

1104.2 No Member may vote on any matter by proxy or by any attorney-in-fact.

1104.3 No vacancy in Membership shall impair the right of a quorum to exercise all rights and perform all duties of the Board.

1104.4 Any Member may participate in a meeting of the Board, or a committee of the Board, by means of a conference telephone or by any means of communication by which all persons participating in the meeting are able to hear one another, and such participation shall constitute presence in person at the meeting.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1105 CONFLICT OF INTEREST

1105.1 The Board shall consider all reported anti-deficiency violations in a fair and impartial manner. A Member who has a personal conflict, or the appearance thereof, in the resolution of any reported violation shall not participate in the Board's review of the matter. Examples of personal conflict include, but are not limited to: familial relationship or friendship with a party or parties accused of the violation or making the accusation of the violation; having witnessed or participated in events material to the inquiry from a non-neutral perspective; being a party to the inquiry or having the potential of providing information relevant to the inquiry; or having a financial interest in the outcome of the inquiry.

1105.2 Any person involved in the reported violation may file a challenge for cause against a Member. The challenge must be filed with the Chairperson (or the Vice Chairperson if the Chairperson is challenged) in writing within ten (10) working days of the point at which the individual filing the challenge becomes aware of potential personal conflict of the Member or prior to the reported violation being considered by the Board, whichever is earlier. The challenge must describe in detail the basis for the personal conflict.

1105.3 If a Member is challenged for cause, the Chairperson shall contact the challenged Member as soon as possible. If the Member agrees that the challenge is for good cause, or otherwise agrees to remove himself/herself from the particular inquiry, the Member shall remove himself/herself from the particular inquiry. If the challenged Member does not agree that the challenge is for good cause, the Chairperson shall poll the other Members, and if a Quorum agrees that the challenge is for good cause or otherwise removes himself/herself from the particular inquiry, the Chair shall notify the challenged Member and remove the Member from that inquiry. If a challenge to a Member is rejected under the above procedure, the written challenge and the Member's written response, as well as the official minutes of the meeting at which the matter was considered, shall be incorporated in the investigative file as part of the record.

1105.4 Should any Member be removed or remove himself/herself from consideration of a reported violation due to challenge or voluntary removal on the Member's own initiative, the matter shall proceed before a quorum of the Board.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1106 COMPENSATION

Members of the Board shall serve without compensation (beyond their salaries as employees of the District government), except that a Member may be reimbursed for reasonable expenses incurred in the authorized execution of official Board duties, if approved in advance by the CFO or his/her designee.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1107 ORGANIZATION

1107.1 The Board may establish committees as needed, including standing committees. The Board shall determine who shall be members of any such committees. Committees may include District government employees who are not Members, provided that each committee is chaired by a Member. Unless specified by the Board, the individual committees shall determine the dates, times, and locations of meetings and whether or not to keep records of committee meetings.

1107.2 The Board may establish its own bylaws and rules of procedure.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1108 ADMINISTRATION

1108.1 The Office of the Chief Financial Officer ("OCFO") shall provide administrative and staff support to the Board.

1108.2 The OCFO shall designate an OCFO employee to serve as Staff Director of the Board. The Staff Director may designate an OCFO employee to serve as Secretary of the Board, as well as to coordinate administrative and substantive support from other District employees to the Board. Board staff will assist the Board in carrying out its duties and responsibilities, including providing the necessary support to the Board to obtain information needed to perform its review. The Board, however, shall not delegate core responsibilities, such as the assessment of culpability, the determination of any justification for a violation, the determination that no violation actually occurred or the recommendation of disciplinary or other action.

1108.3 The Secretary shall be responsible for keeping accurate minutes of the proceedings of all meetings of the Board. This includes providing administrative support associated with the needs of the Board, such as arranging meetings, and providing notices of meetings.

1108.4 Upon majority vote of the Members present at a duly called meeting at which a quorum is present, the Staff Director and the Secretary of the Board may be removed from these positions at any time, without cause.

1108.5 The Board shall continuously maintain in the District a principal office at such place as may be designated by the Members.

1108.6 The Board staff shall create a case file for each report, designate a case number, and enter the case in a database. The Chairperson or his or her designee will notify the Members when a report of a violation has been received and will schedule, in consultation with Members, the earliest possible date for the Members to meet.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1109 LEGAL ADVICE

1109.1 The Board may consult with and seek advice from the Office of the Attorney General ("OAG"), in coordination with the Office of General Counsel for the Chief Financial Officer, in the course of the Board's review of each reported violation.

1109.2 In making recommendations for disciplinary action, the Board may consult with and seek advice from the District of Columbia Office of Personnel and/or the applicable personnel authority for the subject agency.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1110 INVESTIGATIVE ASSISTANCE

The Board shall seek investigative assistance, as necessary, from the Office of the Inspector General (OIG), the OCFO, the OAG, and other agencies of the District government in the course of the Board's review of a reported violation.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1111 ACCESS TO DISTRICT OF COLUMBIA RECORDS

In executing its responsibilities, the Members and the representatives of and investigators for the Board are authorized to:

(a) Access all facilities, files, and databases of District government agencies in order to obtain files, electronic and paper records, reports and documents, and other material available to District government agencies, which may relate to the Board's inquiry into a reported violation of the Act.

(b) Request such information or assistance as may be necessary for carrying out the duties and responsibilities of the Board, as provided in Mayor's Order 2003-156, from any District, federal, state, or local government agency.

(c) Seek information from parties outside the District government, including government contractors, which may be relevant to an investigation.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1112 RESPONSIBILITIES OF EMPLOYEES OF THE DISTRICT OF COLUMBIA TO THE BOARD

1112.1 Inquiries by the Board are official inquiries by the District Government. All officers, employees, and members of boards, commissions, and councils of the District government are required to respond to questions truthfully, whether orally or in writing, and must provide documents and other matters of official interest when requested by a representative of the Board. No employee shall prevent or prohibit the Board from initiating, carrying out, or completing any investigation within the jurisdiction of the Board.

1112.2 Because all materials provided during employment by the District government are the property of the District government, an employee must provide all documents produced while on the job to the Board or its investigators as requested.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1113 VIOLATIONS

1113.1 The following actions are defined as "violations" by the Act and in these Guidelines and must be reported promptly to the CFO (or to the IG if there would be a conflict of interest for the CFO) for referral to the Board:

(a) Making or authorizing an expenditure or obligation exceeding an amount available in an appropriation for an agency or fund.

(1) For purposes of operating appropriations, the Act will be enforced at the levels of agency, fund, and program. For grants and Special Purpose Revenue, "fund" means each grant and Special Purpose Revenue fund detail, respectively.

(2) For purposes of capital appropriations, the Act will be enforced at the levels of implementing agency, fund, and project. In accordance with applicable law, agencies may make capital expenditures up to the amount available, by fund and project, in all prior and current years.

(b) Obligating the District for the payment of money before an appropriation is made or before a certification of the availability of funds is made, unless authorized by law.

(1) The signature of an authorizing official of the agency;

(2) The signature of the agency chief financial officer certifying the availability of funds;

(3) The signature of a contracting officer indicating through a valid purchase order or contract that the disbursement is authorized; and

(4) A valid invoice.

(d) Deferring the recording of a transaction incurred in the current fiscal year to a future fiscal year.

(e) Allowing an expenditure or obligation to exceed apportioned amounts.

(1) For purposes of operating appropriations, the Act will be enforced at the level of agency, by fund by quarter.

(2) Adherence to apportionment will be defined as not exceeding apportionment. All overspending will be recognized as a violation of the Act.

(f) Not submitting a required plan or projection in a timely manner.

(g) Knowingly reporting incorrectly on spending to date or on projected total annual spending.

(h) Failing to adhere to a spending plan for any of the first three (3) quarters of a fiscal year through overspending that is greater than (A) five percent (5%) of the agency's budget, or (B) one million dollars ($ 1,000,000), regardless of the percentage. For purposes of operating appropriations, the Act will be enforced at the level of agency and fund.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1114 PROCEDURES FORREPORTS TO THE BOARD

1114.1 The standard process for the Board learning of a violation is through the receipt of a report of a violation from the CFO on a form that the Board shall prescribe. However, the Board may also receive a report from the IG in instances where there is a conflict of interest for the CFO. The CFO (or IG) shall conduct a preliminary investigation and provide the Board, at a minimum, with the following information:

(a) The appropriation or fund account, the amount involved for each violation, and the date on which the violation occurred;

(b) The name(s), position(s), and agency(ies) of the employee(s) involved with the violation;

(c) All facts pertaining to the violation, including the type of violation (for example, over-obligation of an appropriation), the primary reason or cause, valid justification, and any germane report by the agency's fiscal official and/or the agency's counsel;

(d) A statement from the responsible employee(s) that fully addresses the employee's actions in the matter so that the Board has the benefit of the employee's description of what transpired, the basis for the employee's action, mitigating factors, justification, and other relevant factors when it considers culpability and recommends appropriate administrative action. If an employee declines to provide a written statement, the agency head (or Deputy Mayor, if the agency head is the alleged violator) shall provide a written statement to that effect;

(i) In the case where an employee is suspected of willfully and knowingly violating the Act, a statement as to whether, and when, this matter has been reported to the IG and/or the United States Attorney for the District of Columbia;

(j) A statement regarding the adequacy of the system of administrative controls;

(k) A statement of any additional action taken by, or at the direction of, the agency head (or Deputy Mayor, as appropriate), including any new safeguards provided to prevent recurrence of the same type of violation; and

(l) If another agency is involved, a statement concerning the steps taken to coordinate the report with the other agency.

1114.2 In extraordinary circumstances, the Board may vote to accept a report from an alternative source.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1115 REVIEW OF REPORTS

1115.1 Upon receipt of a report of a violation, and in any event within sixty (60) days of learning of a violation, the Chairperson shall convene the Board to investigate the causes of the violation.

1115.2 If the report is complete, and if the Board does not determine that no violation actually occurred, the Board will proceed to assess the culpability of the responsible employees and recommend appropriate disciplinary action.

1115.3 If the report is not complete or if facts in dispute require further investigation, the Board will determine whether to direct additional inquiry.

1115.4 The Board shall promptly notify an employee that a violation has been reported, that the Board has received the report, and that the matter is under the purview of the Board. This notification shall describe the role of the Board and any rights that the employee may have regarding the Board's investigation of the reported violation.

1115.5 When the Board meets to evaluate a report, no employees other than members of the Board are entitled to be present. However, upon request by an employee who is subject to disciplinary action under the Act, the Board may allow the employee to appear before the Board. The Board may require any employee of the District government, including any employee who is the subject of a report, to appear before the Board.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1116 ASSESSMENT AND EVALUATION OF PENALTIES

1116.1 In recommending disciplinary action, the Board shall consult with legal and personnel professionals, as needed.

1116.2 The Board may recommend that no action be taken where it finds a justification for the violation. Justification may include overspending as a result of court orders, entitlements, or explicit authorization in an appropriations act.

1116.3 The decision of the Board to adopt a report of its findings and recommendations is determined by an affirmative vote of at least three (3) Members present.

1116.4 The Board has adopted a table of penalties for violations, intended to be used as a non-binding guide that categorizes violations under the three (3) broad headings of Reporting, Budget Adherence, and Accounting and Disbursement. Within each category, the Board has prescribed penalties for first, second and third violations, including: a letter of warning, official reprimand, ten (10)-day suspension, demotion, and termination of employment (removal). [See "Table of Appropriate Penalties", attached.]

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1117 REFERRAL OF POTENTIAL CRIMINAL VIOLATIONS

1117.1 The Board shall report any reported violation reasonably believed to be a violation of criminal law to the IG, in accordance with established policies and procedures. The Board shall send copies of all relevant files to the IG (or the U.S. Attorney for the District of Columbia), maintain a record of each referral, and ascertain and record the disposition of each referred matter.

1117.2 If the IG declines in writing to pursue the matter, the Board shall resume consideration of the violation.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1118 REPORTING RESULTS OF BOARD'S INVESTIGATION

1118.1 The Chairperson shall issue the Board's findings and recommendations to the agency head or Deputy Mayor involved.

1118.2 Within thirty (30) days of receipt of the findings and recommendations of the Board, the agency or Deputy Mayor shall notify the Board in writing of the actions taken or to be taken.

1118.3 Upon receipt of the agency's or Deputy Mayor's response, the Board shall issue a report, determined by an affirmative vote of at least three Members present, to the Council indicating the violation, the name, and the title of the employee or employees who were responsible for the violation, any justification, and a statement of the action taken or proposed to be taken.

Table of Appropriate Penalties

Violation

First Offense

Second

Offense

Third Offense

Reporting

Not submitting a required

plan or projection in a timely

manner

Tier 1

e.g., Letter of

Warning

Tier 1

e.g., Letter of

Warning

Tier 2

e.g., Official

Reprimand

Knowingly reporting

incorrectly on spending to

date or on projected total annual spending

Tier 1

e.g., Letter of

Warning

Tier 2

e.g., Official

Reprimand

Tier 3

e.g., 10 Day

Suspension

Budget Adherence

Failing to adhere to a spending plan

Tier 1

e.g., Letter of Warning

Tier 1

e.g., Letter of Warning

Tier 2

e.g., Official Reprimand

Allowing an expenditure or obligation to exceed apportioned amounts

Tier 1

e.g., Letter of Warning

Tier 2

e.g., Officiall Reprimand

Tier 3

e.g., 10 Day Suspension

Making or authorizing an expenditure exceeding an amount available in an appropriation or fund

Program level

Tier 1

e.g., Letter of Warning

Tier 2

e.g., Official Reprimand

Tier 3

e.g., 10 Day Suspension

Agency level

Tier 2

e.g., Official Reprimand

Tier 2

e.g., Suspension

Tier 3

e.g., Demotion / Removal

Obligating the District for the payment of money before an appropriation is made or

before a certification of the

availability of funding is made

unless authorized by law

Tier 1

e.g., Letter of Warning

Tier 2

e.g., Official

Reprimand

Tier 3

e.g., 10 Day Suspension

Accounting and Disbursement

Approving a disbursement

without appropriate

authorization

Tier 1

e.g., Letter of

Warning

Tier 2

e.g., Official

Reprimand

Tier 3

e.g., 10 Day

Suspension

Deferring recording a

transaction incurred in the

current fiscal year to a future fiscal year

Tier 1

e.g., Letter of

Warning

Tier 2

e.g., Official

Reprimand

Tier 3

e.g., 10 Day

Suspension

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1 DCMR § 1199 DEFINITIONS

1199.1 For purposes of this chapter, the terms:

(a) "Agency" means an agency, office, department, board, commission, or independent agency or instrumentality of the District government.

(b) "Apportionment" means the division of an agency's appropriated budget authority by periods within a fiscal year.

(d) "Capital project" means the development, modernization, or replacement of facilities and infrastructure used for public purposes.

(e) "Disbursement" means the outflow or payment of cash, whether by check or electronic transfer of funds.

(f) "Employee" means an individual who performs a function of the District government, including a contract employee (excluding independent contractors), and who receives compensation for the performance of that function

(g) "Encumbrance" means an amount of funds committed for the payment of goods and services ordered but not yet received.

(h) "Expenditure" means a payment for goods or services received.

(i) "Full Time Equivalent (FTE)" means an employment indicator that translates the total number of hours worked in a year by all employees, including part-time workers, to an equivalent number of work years. For example, one FTE equals 2,080 hours and .75 FTE equals 1,566 hours.

(j) "Fund" means a budgeting and accounting device used to establish accounts for separating revenues and their related obligations, and expenditures for one purpose from those revenues, obligations, and expenditures for other purposes.

(k) "Grant" means a contribution of assets (usually cash) by one government unit to another government unit or organization. Typically, these contributions are made to local governments from state and federal governments for specified purposes.

(l) "Manager" means an individual chosen or appointed to manage, direct, or administer some affairs of the agency, including the expenditure of funds.

(m) "Nonpersonal services" means a budget category that includes budget objects for reporting other than personnel-related expenditures. Nonpersonal services includes supplies, utilities, communications, and rent, other services and charges, subsidies and transfers, equipment rental, and debt service.

(n) "Object class" means a budgetary classification that breaks down the general budget categories of personal services and nonpersonal services into more specific types of expenditure, such as Fringe Benefits (Object Class 14) or Supplies (Object Class 20).

(o) "Obligations" means the amount of expenditure already made as well as the cost of commitments requiring future payments.

(p) "Operating budget" means the budget that encompasses the day-to-day District government activities. The operating budget includes employee salaries, supplies, and other non-personnel items related to current activities. The operating budget also includes debt services and overhead costs related to daily operations.

(q) "Personal services" means a budget category that includes budget objects for reporting personnel-related expenditures.

(r) "Program" means the highest level, for budgeting and expenditure control, within the agency that the District government uses for a specific purpose for appropriated budget authority. A program may consist of multiple activities, which combined achieve the stated purpose and goals.

(s) "Reprogramming" means a specific kind of authorized budget change to reallocate funds to or from an agency's budget, without a new appropriation.

(t) "Revenues" means the annual income or receipts of the District from taxes, charges, grants, and investments.

(u) "Spending plan" means an agency's projection by month of planned spending by object class, by fund.

History

SOURCE: Emergency and Proposed Rulemaking published at 51 DCR 7968 (August 13, 2004) [EXPIRED]; as amended by Final Rulemaking published at 54 DCR 4402 (May 11, 2007).

1-12 RESERVED

1 DCMR § 1200 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Guidance Document published at 64 DCR 9051 (September 15, 2017); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1200

1 DCMR § 1201 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1201

1 DCMR § 1202 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 68 DCR 5402 (May 21, 2021); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1202

1 DCMR § 1203 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1203

1 DCMR § 1204 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1204

1 DCMR § 1205 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 68 DCR 5402 (May 21, 2021); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1205

1 DCMR § 1206 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1206

1 DCMR § 1207 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1207

1 DCMR § 1208 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1208

1 DCMR § 1209 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1209

1 DCMR § 1210 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 68 DCR 010756 (October 15, 2021); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1210

1 DCMR § 1211 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1211

1 DCMR § 1212 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1212

1 DCMR § 1213 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1213

1 DCMR § 1214 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1214

1 DCMR § 1215 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1215

1 DCMR § 1216 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1216

1 DCMR § 1217 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1217

1 DCMR § 1218 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 68 DCR 010756 (October 15, 2021); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1218

1 DCMR § 1219 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1219

1 DCMR § 1220 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1220

1 DCMR § 1221 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1221

1 DCMR § 1222 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1222

1 DCMR § 1223 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1223

1 DCMR § 1224 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1224

1 DCMR § 1225 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1225

1 DCMR § 1226 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 68 DCR 5402 (May 21, 2021); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1226

1 DCMR § 1227 [REPEALED]

History

SOURCE: Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1227

1 DCMR § 1299 [REPEALED]

History

SOURCE: Final Rulemaking published at 62 DCR 11123 (August 14, 2015); as amended by Final Rulemaking published at 69 DCR 006698 (June 10, 2022); as amended by Final Rulemaking published at 71 DCR 003979 (April 5, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1299

1-13 FREEDOM OF INFORMATION REQUESTS TO THE OFFICE OF THE ATTORNEY GENERAL

1 DCMR § 1300 PURPOSE AND APPLICABILITY

1300.1 This chapter contains the rules and procedures to be followed by the Office of the Attorney General and all persons requesting records from the Office pursuant to the Freedom of Information Act of 1976, effective March 25, 1977, D.C. Law 1-96, 23 DCR 3744 (1977) (Act).

1300.2 Employees may continue to furnish to the public, informally and without compliance with these procedures, information and records that they customarily furnish in the regular performance of their duties.

1300.3 The policy of the Office of the Attorney General is one of full and responsible disclosure of its identifiable records consistent with the provisions of D.C. Law 1-96. All records that are responsive to a request and that are not exempt from disclosure shall be made available to the requester. Moreover, records exempt from mandatory disclosure may be made available as a matter of discretion when disclosure is permitted by law and in the public interest.

History

SOURCE: Final Rulemaking published at 70 DCR 007981 (June 2, 2023). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1300

1 DCMR § 1301 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 007981 (June 2, 2023). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1301

1 DCMR § 1302 REQUESTS FOR RECORDS

1302.1 Unless agreed to in advance and confirmed in writing by the Office’s Freedom of Information Act Officer, or the Chief Deputy Attorney General in the absence of a designated Freedom of Information Act Officer, a request for a record shall be made in writing.

1302.2 A written request may be mailed or e-mailed to the Office’s Freedom of Information Act Officer, as identified on Office’s website, or the Chief Deputy Attorney General in the absence of a designated Freedom of Information Act Officer. The outside of the envelope or the subject line of the e-mail shall state: “Freedom of Information Act Request” or “FOIA Request”. In addition, a request shall include a daytime telephone number, e-mail address, and mailing address for the requester.

1302.3 A written request may also be made online using the District of Columbia Freedom of Information Act Public Access Portal.

1302.4 A request shall reasonably describe the desired record(s). Where possible, specific information regarding names, places, events, subjects, dates, files, titles, file designation, or other identifying information shall be supplied.

1302.5 Where the information the requester supplies is not sufficient to permit the Office to identify and locate the record without an unreasonable effort, the Office shall contact the requester and ask the requester to supplement the request with the necessary information. The Office shall make every reasonable effort to assist in the identification and location of requested records.

1302.6 With respect to any request for which the information supplied is not sufficient to permit the Office to identify and locate the record without unreasonable effort, the Office shall consider such request to have been withdrawn and shall administratively close such request if the requester fails to provide the necessary information within sixty (60) days of the Office’s request for additional information. If a request has been administratively closed, a requester must submit a new request using the procedures described in this subchapter to obtain the records.

History

SOURCE: Final Rulemaking published at 70 DCR 007981 (June 2, 2023). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1302

1 DCMR § 1303 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 007981 (June 2, 2023). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1303

1 DCMR § 1304 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 007981 (June 2, 2023). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1304

1 DCMR § 1305 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 007981 (June 2, 2023). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1305

1 DCMR § 1306 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 007981 (June 2, 2023). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1306

1 DCMR § 1307 [RESERVED]

History

SOURCE: Final Rulemaking published at 70 DCR 007981 (June 2, 2023). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1307

1 DCMR § 1308 FEES

1308.1 The Office shall determine charges for search and review of documents and records conducted in response to public records requests based on the salary of the employee who conducts the search or review, calculated using Step 5 of the employee’s grade level.

The rates per quarter hour after the 1st hour for search and review conducted by non-attorney personnel in the Office are as follows:

Grade

Fee Per Quarter Hour

DS1

$3.74

DS2

$4.05

DS3

$4.41

DS4

$4.61

DS5

$5.00

DS6

$5.54

DS7

$6.14

DS8

$6.68

DS9 and Above

$7.34

The rates per quarter hour after the 1st hour for search and review conducted by attorney personnel in the Office are as follows:

Grade

Fee Per Quarter Hour

LS9

$8.61

LS10

$9.48

LS11

$10.42

LS12

$12.48

LS13

$14.85

LS14

$17.54

LS15

$20.67

The rate per quarter hour after the 1st hour for search and review conducted by supervisory attorneys (LX1 to LX3) is $19.41.

1308.2 Charges for duplicating documents shall be $0.25 per page.

1308.3 When a response to a request requires services or materials for which no fee has been established, the direct cost of the services or materials to the government may be charged, but only if the requester has been notified of the cost before it is incurred.

1308.4 Where an extensive number of documents are identified and collected in response to a request and the requester has not indicated in advance his or her willingness to pay fees as high as are anticipated for duplication of the documents, the Office shall inform the requester that the documents are available for inspection and for subsequent duplication at the established rate.

1308.5 A charge of one dollar ($1) shall be made for each certification of true copies of agency records.

1308.6 Search costs for each request may be imposed even if the requested records cannot be located after a thorough, good-faith search.

1308.7 The Office may require that fees as prescribed by these rules be paid in full prior to issuance of requested copies if the requester has previously failed to pay fees in a timely fashion, or if the Office determines that the fee will exceed $250.

1308.8 Remittances shall be in the form either of a personal check, a bank draft on a bank in the United States, or a postal money order. Remittance shall be made payable to the order of the D.C. Treasurer and mailed or otherwise delivered to the Freedom of Information Act Officer as identified on the Office’s website, or the Chief Deputy Attorney General in the absence of a designated Freedom of Information Act Officer.

1308.9 A receipt for fees paid shall be given only upon request. No refund shall be made for services rendered.

1308.10 The Office may waive all or part of any fee when it is deemed to be either in the Office’s interest or in the interest of the public.

1308.11 A requester seeking a waiver or reduction of fees shall provide a statement in his or her request letter explaining how furnishing the requested records will primarily benefit the general public. The explanation must address how the requested records are likely to contribute significantly to public understanding of the operations or activities of the government.

1308.12 With respect to any request for which payment of fees in advance is required, the Office shall consider such request to have been withdrawn and shall administratively close such request if the requester has not paid the required fee within sixty (60) days of when the requester is informed of the fee. If a request has been administratively closed, a requester must submit a new request using the procedures described in subchapter 1302 to obtain the information.

1308.13 In accordance with applicable law:

Fees shall be limited to reasonable standard charges for document search, duplication, and review when records are requested for commercial use;

Fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or non-commercial scientific institution for scholarly or scientific research or a representative of the news media;

For any request for records not described in paragraphs (a) or (b) of this subsection, fees shall be limited to reasonable standard charges for document search and duplication; and

Only the direct costs of search, duplication, or review may be recovered.

History

SOURCE: Final Rulemaking published at 70 DCR 007981 (June 2, 2023). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1308

1 DCMR § 1399 DEFINITIONS

1399.1 “Act” means the Freedom of Information Act, D.C. Law 1-96, 23 DCR 3744 (1977).

1399.2 “Office” means the Office of the Attorney General.

1399.3 “Searching” means looking for material that is responsive to a request, including page-by-page or line-by-line identification of material within documents, and examining documents to determine whether they are within the scope of the request.

1399.4 “Requester” means any person requesting records pursuant to the Freedom of Information Act, D.C. Law 1-96, 23 DCR 3744 (1977).

1399.5 “Review” means the initial process of examining records located in response to a request in order to determine whether any portion of any document falls under one of the exemptions listed in Section 204 of the Act (D.C. Official Code § 2-534), as well as the processing of any documents for disclosure, such as redacting exempt portions of requested documents and otherwise preparing documents for release. Review does not include time spent resolving general legal or policy issues regarding exemptions, including any legal research on exemptions.

History

SOURCE: Final Rulemaking published at 70 DCR 007981 (June 2, 2023). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 1399

1-14 RULES AND PROCEDURES FOR THE OCCASIONAL USE OF PUBLIC BUILDINGS AND GROUNDS AND CONDUCT WHILE ON PUBLIC PROPERTY AND GROUNDS UNDER THE CONTROL OF THE GOVERNMENT OF THE DISTRICT OF COLUMBIA

1 DCMR § 1400 PURPOSE

1400.1 The purpose of this chapter is to establish rules and procedures to be followed in permitting the occasional use of public buildings and grounds owned and leased by the District of Columbia Government and under the direct control of the Office of Property Management (“OPM”), and to establish a code of conduct for all persons entering in, or on property that is under the control of OPM.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of such District for the fiscal year ending June 30, 1938, and for other purposes, approved June 29, 1937, 50 Stat. 359, D.C. Code § 9-129 (1995 Repl.), and § 3(e) of Reorganization Plan No. 5 of 1983.
SOURCE: Final Rulemaking published at 36 DCR 1316 (February 17, 1989). EDITOR’S NOTE: Pursuant to the Office of Property Management Establishment Emergency Act of 1988, D.C. Law 12-175 (codified at D.C. Code §§ 9-1101 et seq. (1999 Supp.)) the Office of Property Management (“OPM”) was established within the Executive Branch of the District of Columbia, the Department of Administrative Services was abolished and all real property management functions performed by DAS were transferred to OPM. Therefore, all prior references to the Department of Administrative Services (or DAS) in this chapter have been replaced with the Office of Property Management (or OPM).

1 DCMR § 1401 PERMITS

1401.1 Any person or organization desiring to use a public area of a public building or grounds or any room designated for occasional public use by the Building Manager, Facility Management Division (“FMD”), Office of Property Management, shall first obtain a permit from the Building Manager.

1401.2 The applicant shall submit to the Building Manager, FMD, a copy, sample, or description of any materials or items proposed for distribution or display and a written statement setting forth the following:

(a) The full name, mailing address, and telephone number of the applicant;

(b) The full name, mailing address, and telephone number of the person or organization sponsoring, promoting, or conducting the proposed activities;

(c) The full name, mailing address, and telephone number of the individual person or persons who will have supervision of and responsibility for the activity;

(d) A description of the proposed activity;

(e) The proposed dates and hours during which the activity is to be carried out; and

(f) The approximate number of persons to be engaged in this activity if known.

1401.3 If the proposed activity will involve the solicitation of donations, the applicant shall submit a signed statement that:

(a) The applicant is a representative of, and will be soliciting funds for the sole benefit of, a religion or religious group; or

(b) The applicant’s organization has received an official ruling of tax-exempt status from the Internal Revenue Service under 26 U.S.C. § 501, or has applied for such a ruling and that application is still in process.

1401.4 If the applicant claims to represent an organization, a letter or other documentation shall be required showing that the applicant has authority to represent the organization.

1401.5 The Building Manager, FMD, shall not issue a permit for any of the following activities:

(a) Soliciting alms unless a statement has been filed that complies with § 1401.3;

(b) Commercial or political soliciting;

(d) Displaying or distributing commercial advertising; and

(e) Collecting private debt.

1401.6 Applications shall be filed during regular working hours in the Facility Management Division or such other place as may be designated. Applications may be submitted by mail or in person.

1401.7 A single permit shall be issued within ten (10) days following receipt of the completed application by the Building Manager, FMD, as follows:

(a) Each permit shall authorize the permittee to conduct the activity for the period of time requested; provided that a permit shall not be issued for a period of time in excess of thirty (30) calendar days, unless specifically approved by the Administrator, FMD. After the expiration of the permit, a new permit may be issued to the former permit holder upon submission of a new application. In such a case, applicants may be permitted to incorporate by reference any required information or documentation filed with a previous application; and

(b) If permits are requested for the same public area for the same time period, the Building Manager, FMD, shall issue permits on a first-come-first-serve basis.

History

SOURCE: Final Rulemaking published at 36 DCR 1316-18 (February 17, 1989). EDITOR’S NOTE: The Bureau of Facility Management (BFM), Buildings Management Administration (BMA), referenced in this chapter in earlier editions of Title 1 of the District of Columbia Municipal Regulation, was formerly a component of DAS. Subsequent to the transfer of real property management functions from DAS to OPM, the BFM, BMA has been redesignated the Facility Management Division. Therefore, all prior references in this chapter to the Bureau of Facility Management (or BFM) or Buildings Management Administration (or BMA) have been replaced with Facility Management Division (or FMD) and the Office of Property Management (or OPM), respectively. Other technical changes made to this chapter include the substitution of “Building Manager, FMD” for “Chief, BMD” and “Administrator, FMD” for “Associate Director, BMA.”

1 DCMR § 1402 DISAPPROVAL OF APPLICATION OR CANCELLATION OF PERMIT

1402.1 The Building Manager, FMD, shall disapprove any application or cancel an issued permit for use of a public area if the proposed use:

(a) Involves an activity set forth in § 1401.5;

(b) Obstructs the free entrance and exit of the users of the public area;

(d) May cause or disrupt the official business of the agency or agencies occupying the public building;

(e) Interferes with the tenant’s quiet enjoyment of leasehold;

(f) Interferes with a previously approved use of the public area by another member or members of the public;

(g) Is obscene within the meaning of obscenity in 18 U.S.C. §§ 1461-1465;

(h) Pertains to any judicial or quasi-judicial proceeding then pending in the public building and the use is intended to influence or impede that proceeding;

(i) Is in violation of any law of the District of Columbia or the United States; or

(j) Is being conducted with a permit obtained by submitting an intentionally false or incomplete application.

1402.2 Upon disapproving an application or canceling an issued permit, the Building Manager, FMD, shall:

(a) Promptly notify the applicant or permittee in writing of the reasons for disapproval or cancellation; and

(b) Inform the applicant of his or her right to appeal the disapproval or cancellation to the Administrator, Facility Management Division (“FMD”), under § 1403.

History

SOURCE: Final Rulemaking published at 36 DCR 1316, 1318-19 (February 17, 1989).

1 DCMR § 1403 APPEALS FROM DISAPPROVAL OF APPLICATION OR CANCELLATION OF PERMIT

1403.1 Within five (5) calendar days of notification of the FMD Building Manager’s decision to disapprove any application or cancel an issued permit under § 1402 or § 1404, the applicant or permittee may appeal the Building Manager’s determination to the Administrator, FMD, OPM, by notifying the Administrator, in writing, of the desire to appeal and stating reasons for the appeal.

1403.2 The applicant or permittee may have the opportunity to orally state the reasons that the application should be approved or the cancellation disapproved. Written materials and documents may also be submitted. The FMD Administrator shall affirm or reverse the FMD Building Manager’s determination based on this information.

1403.3 Upon reaching a decision on an appeal taken under this section, the FMD Administrator shall promptly notify the applicant or permittee and the Building Manager, FMD, of the decision and the reasons therefor.

1403.4 The decision of the Administrator, FMD, shall be final.

History

SOURCE: Final Rulemaking published at 36 DCR 1316, 1319 (February 17, 1989).

1 DCMR § 1404 SCHEDULE OF USE

1404.1 Nothing in this chapter shall prevent the Building Manager, FMD, from the following:

(a) Reserving certain times of the year for the use of public areas of the public buildings for official government business;

(b) Setting aside certain days or time for maintenance, construction or repair; or

1404.2 Public areas made available may be used during or after the regular working hours of District agencies, provided use will not interfere with the conduct of government business.

1404.3 When public areas are used by permittees after normal working hours, all adjacent areas not approved for after hour usage shall be locked, identified by signs, or physically barricaded, as appropriate, to restrict the participants’ movement to only that space or area(s) approved for usage.

History

SOURCE: Final Rulemaking published at 36 DCR 1316, 1320 (February 17, 1989).

1 DCMR § 1405 RESPONSIBILITY OF PERMITTEE

1405.1 There shall be no physical alteration to public areas used under this chapter by the permittee. The permittee shall be responsible for any damages caused in the course of the permitted activity.

1405.2 The permittee shall make adequate provisions for the following:

(a) Protection of the safety of a user of the public area; and

(b) Prevention of injury or damage to the public building.

1405.3 The furnishing of any equipment necessary for the proposed activity shall be the responsibility of the permittee.

History

SOURCE: Final Rulemaking published at 36 DCR 1316, 1320 (February 17, 1989).

1 DCMR § 1406 RESTRICTION ON BEHAVIOR

1406.1 The permittee shall be subject to the rules and regulations governing public buildings and grounds. In addition, a permittee shall not:

(a) Misrepresent its identity in public;

(b) Distribute any item without the prior approval of the Building Manager, FMD, under § 1401 of this chapter;

(d) Conduct any activities in a misleading or fraudulent manner;

(e) Discriminate on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibility, physical handicap, matriculation, political affiliation, source of income, or place of residence or business of any individual in conducting the permitted activities;

(f) Engage in activities that would interfere with the preference afforded blind licensees under the Randolph-Sheppard Act (20 U.S.C. § 107) and parallel District of Columbia law(s);

(g) Indulge or allow participants to indulge in the use of alcohol or drugs; and

(h) Damage or destroy government property.

1406.2 Permittees engaging in the solicitation of funds shall wear an identification badge at all times on OPM-controlled property containing the following:

(a) Name;

(b) Address;

(d) Name of group or organization.

History

SOURCE: Final Rulemaking published at 36 DCR 1316, 1320-21 (February 17, 1989).

1 DCMR § 1407 REPORTING ACCIDENTS

1407.1 Any accident to an individual within an area for which a permit is issued shall be reported to the building manager.

1407.2 The building manager shall report any accident on the form prescribed by the Director, OPM.

1407.3 If an injured person is moved to a hospital, the injury shall be reported to the Police or the D.C. Fire and Emergency Medical Services Department.

History

SOURCE: Final Rulemaking published at 36 DCR 1316, 1321-22 (February 17, 1989).

1 DCMR § 1408 NON-AFFILIATION WITH THE GOVERNMENT

1408.1 The Office of Property Management reserves the right to advise the public, through signs or announcements, of the presence of any permittees and of their non-affiliation with the Government of the District of Columbia.

History

SOURCE: Final Rulemaking published at 36 DCR 1316, 1322 (February 17, 1989).

1 DCMR § 1409 [RESERVED]

1 DCMR § 1410 [RESERVED]

1 DCMR § 1411 [RESERVED]

1 DCMR § 1412 [RESERVED]

1 DCMR § 1413 ADMISSION TO PROPERTY

1413.1 Property shall be open to the general public during normal working hours for doing business as related to the various District government agencies.

1413.2 Packages, briefcases, and other containers brought into, while on, or being removed from, the property are subject to inspection.

1413.3 Persons in and on the property shall at all times comply with official signs of a prohibitory, regulatory, or administrative directory nature.

History

SOURCE: Final Rulemaking published at 36 DCR 1316, 1322 (February 17, 1989).

1 DCMR § 1414 CLOSING OF PROPERTY

1414.1 Property shall be closed to the public during other than normal working hours, except in specific instances in which OPM has issued a permit for use after normal working hours.

1414.2 The decisions to close a property on an emergency basis shall be made by the Director, OPM. This action by the Director may be coordinated with affected District agency officials.

1414.3 When property or a portion thereof is closed, admission shall be restricted to authorized persons who shall do the following when requested:

(a) Sign a register upon entry; and

(b) Display government or other identifying credentials to Protective Services officials or other authorized individuals.

History

SOURCE: Final Rulemaking published at 36 DCR 1316, 1322-23 (February 17, 1989).

1 DCMR § 1415 DISTURBANCES PROHIBITED

1415.1 No person shall engage in conduct which creates a disturbance, including the following:

(a) Loitering;

(b) Loud and unusual noise;

(d) Any conduct which disrupts the performance of official duties by District government employees; and

(e) Any conduct which prevents the general public from obtaining the services normally provided by District government employees.

History

SOURCE: Final Rulemaking published at 36 DCR 1316, 1323 (February 17, 1989).

1 DCMR § 1416 ALCOHOLIC BEVERAGES, DRUGS, FIREARMS AND EXPLOSIVES PROHIBITED

1416.1 No person shall operate a motor vehicle on the property while under the influence of alcoholic beverages, narcotics, marijuana, barbiturates, or amphetamines.

1416.2 No person, under the influence of, or using, or possessing, any narcotic drug, hallucinogen, marijuana, barbiturates, or amphetamines shall enter or remain on the property. This prohibition shall not apply in cases where a drug is being used by an individual as prescribed by a licensed physician.

1416.3 No person shall use alcoholic beverages on the property, except upon occasions when the responsible agency head or designee grants an exemption.

1416.4 No person carrying or possessing firearms, other dangerous or deadly weapons, explosives or items intended to be used to fabricate an explosive or incendiary device, shall enter or remain on the property.

History

SOURCE: Final Rulemaking published at 36 DCR 1316, 1323 (February 17, 1989).

1 DCMR § 1417 PHOTOGRAPHS FOR NEWS PURPOSES

1417.1 Photographs for news purposes may be taken in entrances, lobbies, foyers, corridors or auditoriums when used for public meetings.

1417.2 Photographs for news purposes may be taken in spaces occupied by a tenant agency only with the consent of the occupying agency.

History

SOURCE: Final Rulemaking published at 36 DCR 1316, 1324 (February 17, 1989).

1 DCMR § 1418 VEHICULAR AND PEDESTRIAN TRAFFIC

1418.1 Drivers of all vehicles shall drive in a careful and safe manner at all times while entering or remaining on property.

1418.2 Drivers shall comply with the signals and directions of Protective Services officers or other authorized individuals and all posted traffic signs.

1418.3 The blocking of entrances, driveways, walks, loading platforms, or fire hydrants shall be prohibited.

1418.4 Unauthorized parking shall be prohibited except in the case of an emergency.

1418.5 Vehicles parked in violation of this chapter shall be subject to removal at owner’s risk and expense.

History

SOURCE: Final Rulemaking published at 36 DCR 1316, 1324 (February 17, 1989).

1 DCMR § 1419 POSTING OF NOTICES AND INFORMATION BULLETINS

1419.1 Only the following types of notices or information bulletins may be posted on bulletin boards in non-public areas of the building(s):

(a) Official business notices of the occupant agency;

(b) Request for donations which comply under § 1401.3;

(d) Personal notices of agency employees, such as the sale of an employee’s home, request for car pool participants, and other notices of this type; or

(e) Notices by recognized labor organizations.

History

SOURCE: Final Rulemaking published at 36 DCR 1316, 1324 (February 17, 1989).

1-15 PUBLIC RECORDS OF THE DISTRICT OF COLUMBIA

1 DCMR § 1500 GENERAL PROVISIONS

1500.1 Section 7(a)(1) of D.C. Law 6-19 the “District of Columbia Public Records Management Act of 1985” (“Act”) provides that any record created or received by the District in the course of official business is the property of the District. Except as provided by law or in these regulations, such records shall not be destroyed, sold, transferred, or disposed of in any manner.

1500.2 Any person who misuses, mutilates, or destroys public records shall be subject to the penalties provided in the Act.

1500.3 This chapter shall be administered by the Administrator, the Archivist, the Records Manager, the Chief of the Library of Governmental Information, or by other subordinate officials of the Office of Public Records who are designated by them.

1500.4 The Administrator may obtain the services of experts and consultants in the fields of records management and archives and related fields, in accordance with applicable personnel or contracting regulations.

1500.5 The Administrator shall be the only official authorized to accept a subpoena duces tecum or other legal demand for records or donated historical material in the custody of the Archives.

1500.6 Access to records stored in the Records Center or other approved storage depository shall be controlled by the District agency that transferred the records.

History

SOURCE: Final Rulemaking published at 34 DCR 7001 (October 30, 1987).
AUTHORITY: Unless otherwise noted, the authority for this chapter is section 3(e) of D.C. Law 6-19, the “District of Columbia Public Records Management Act of 1985,” as amended, D.C. Code §§ 1-2901 et seq. (1999 Repl.).

1 DCMR § 1501 RECORDS DISPOSITION COMMITTEE

1501.1 Members of the Records Disposition Committee shall serve without compensation, but appropriate expenses may be reimbursed by the Public Records Administrator from the funds of the Office of Public Records, if authorized in advance by the Administrator.

1501.2 In accordance with section 6(b) of the Act, the Records Disposition Committee shall convene when called by the chairperson or any 3 members to do the following:

(a) Review and act upon agency Records Retention Schedules, General Records Schedules, and Disposal Lists submitted for consideration by the Administrator;

(b) Review and act upon requests for exceptions from the provisions of agency Records Retention Schedules or General Records Schedules;

(d) Consider and resolve policy and other matters affecting the District records disposition program.

1501.3 In accordance with section 7(a)(1) of the Act, records of the District may only be transferred, destroyed or disposed of as prescribed by schedules or disposal lists that have been approved by the Committee.

1501.4 In accordance with section 6(c) of the Act, the concurrence of the Administrator shall be required for the destruction of any public record.

1501.5 The Committee’s approval for the disposition of records in accordance with this chapter, concurred in by the Administrator if required, shall be the final agency decision of the District of Columbia on records disposition.

1501.6 The decisions of the Committee may be appealed to the D.C. Court of Appeals in accordance with the provisions of the D.C. Administrative Procedure Act.

1501.7 If advised in writing of an intention to appeal the authorization for the destruction of public records, the Administrator shall assure that the records subject to destruction are not destroyed for sixty (60) days; and, if a timely appeal is filed, until the court has decided the appeal.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7002 (October 30, 1987).

1 DCMR § 1502 AGENCY RECORDS MANAGEMENT PROGRAMS

1502.1 Agency heads shall establish controls over the creation of records to ensure that adequate and proper records are made and preserved in the District government.

1502.2 Agency officials shall create and maintain records which meet the following minimum documentation standards set forth in subsections 1502.3 through 1502.5.

1502.3 The record of every transaction of public business by any District official or employee shall be complete to the extent required by the following:

(a) To facilitate actions by incumbents and their successors in office;

(b) To make possible proper oversight by the Council of the District of Columbia, courts and other authorized agencies of the government, and other persons responsible for the manner in which public business has been discharged; and

(c) To protect the financial, legal and other rights of the government and of persons affected by the government’s actions.

1502.4 The programs, policies, and procedures of agencies shall be documented in directives. A copy of each directive shall be maintained as a part of the official records.

1502.5 Officials shall create and maintain records containing all essential information relating to formulation and execution of government policy as follows:

(a) Significant decisions and commitments reached orally (person to person, by telephone, or in conference) shall be documented; and

(b) Minutes shall be taken at important board, committee, and staff meetings, and these, together with a copy of the agenda and all documents considered at or resulting from such meetings, shall be made part of the record.

1502.6 Papers of a private or nonofficial character which pertain only to an individual’s personal affairs that are kept in the office of an official shall be clearly designated as nonofficial and shall be filed separately from the official records of the office.

1502.7 In cases where matters requiring the transaction of official business are received in private personal correspondence, that portion of such correspondence that pertains to official business shall be extracted and made a part of the official files.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7003-04 (October 30, 1987).

1 DCMR § 1503 MAINTENANCE AND USE OF RECORDS

1503.1 Agency heads shall establish controls over the maintenance and use of records in accordance with these regulations, and shall ensure that records of continuing historical or other significance can be located when needed and that they are preserved in good condition for eventual transfer to the Archives.

1503.2 The head of each agency shall notify the Administrator in writing of any actual, impending, or threatened unlawful defacing, alteration, or destruction of records in the custody of the agency that shall come to his or her attention, and with the advice and assistance of the Administrator shall initiate appropriate administrative action under the personnel regulations and/or appropriate statute.

1503.3 Employees of the District shall keep public records at the place where they are required by or pursuant to law to keep their offices or other facilities, except those disposed of in accordance with approved disposition authorizations.

1503.4 The head of each agency shall notify the Administrator in writing of any actual, impending, or threatened removal of records in the custody of the agency and, with the advice and assistance of the Administrator, shall initiate appropriate action. Such action may be that which is necessary to prevent such unlawful removal; or through the Corporation Counsel to recover unlawfully removed records.

1503.5 The Administrator may initiate administrative and/or legal action pursuant to sections 1503.2 through 1503.4 above, when he or she determines that timely or necessary action will not otherwise be taken.

1503.6 The head of each agency shall establish safeguards against the unlawful destruction or removal of records. Safeguards shall include making it known to officials and employees of the agency the following information:

(a) The requirements of this chapter shall be met;

(b) Records in the custody of the agency are not to be removed or destroyed except in accordance with this chapter; and

1503.7 Provision shall be made by each agency head to ensure that permanent records are preserved but that other inactive records are promptly disposed of as prescribed by approved Records Schedules or Disposal Lists.

1503.8 On or before the expiration of his or her term of office, each elected or appointed official shall transfer or relinquish to his or her successor, or if there be none to the Administrator, all public records in his or her custody.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7004-05 (October 30, 1987).

1 DCMR § 1504 RESPONSIBILITIES OF RECORDS MANAGEMENT OFFICERS

1504.1 The responsibilities of Records Management Officers shall include, but not necessarily be limited to, the following:

(a) Serve as liaison with the Administrator;

(b) Develop and carry out the records management program of the agency;

(d) Prepare agency Records Retention Schedules, amendments to agency Records Retention Schedules, and Disposal Lists in accordance with standards and procedures issued by the Administrator;

(e) Inventory agency records stored in the Washington National Records Center, or District Records Center, to ensure that such records are scheduled properly. In cases where agency records are not covered by an agency Records Retention Schedule or General Records Schedule, the agency Records Officer shall submit an appropriate request for records disposition authority;

(f) Arrange for transfers of inactive records to the Archives, Records Center, or other approved depository;

(g) Oversee the implementation by the agency of Records Retention Schedules, General Records Schedules, and Disposal Lists;

(h) Review annually the agency Records Retention Schedule and initiate such deletions, changes, or additions as may be necessary to update the schedule;

(i) Prepare such reports as the Administrator may require for the administration of the District’s records management program; and

(j) Carry out related functions as assigned by the agency head or required by the Administrator.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7005-06 (October 30, 1987).

1 DCMR § 1505 REVIEW AND EVALUATION OF AGENCY PROGRAMS

1505.1 As required by section 11 of the Act, the Administrator shall review and evaluate agency records management programs to ensure that agencies are successfully carrying out the following:

(a) Complying with the Act and this chapter;

(b) Providing for the adequate and proper documentation of the agency’s organization, functions, and activities;

(d) Promptly disposing of records of temporary value in accordance with approved disposition schedules and lists.

1505.2 The Administrator shall furnish to the agency head a written report of the findings of any review or evaluation, together with such recommendations as the Administrator may make.

1505.3 An agency head shall submit to the Administrator a plan for implementing the recommendations in the review or evaluation report not later than ninety (90) calendar days after the date of transmittal of the report to the agency head. The agency plan shall include the following:

(a) Specific actions that the agency plans to take on each recommendation in the evaluation report. If the agency does not intend to implement a recommendation, the reason for not acting shall be documented in the action plan; and

(b) A timetable for the completion of each action.

1505.4 The Administrator shall take the following actions:

(a) Analyze the adequacy of the agency action plan to implement the recommendations of the evaluation report and provide comments on the plan to the agency within sixty (60) calendar days; and

(b) Provide technical and other assistance to the agency in implementing the plan.

1505.5 The Administrator may require periodic progress reports from an agency head on implementation of the action plan.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7006-07 (October 30, 1987).

1 DCMR § 1506 INSPECTION OF RECORDS

1506.1 In accordance with section 11(a) of the Act, the Administrator may inspect any public record of the District of Columbia. Officers and employees of the government shall cooperate fully in such inspections and no document or record may be withheld on the grounds that it is privileged or confidential.

1506.2 Neither the Administrator nor his designee shall disclose information obtained from the examination of privileged or confidential records.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7007 (October 30, 1987).

1 DCMR § 1507 REMOVAL OF RECORDS FROM AGENCY CUSTODY

1507.1 Upon request by the Administrator, custodians of public records shall submit written justifications for the continued maintenance of specific series of records within the agency. Justifications shall include one or more of the following:

(a) Pertinent statutory requirements;

(b) Administrative needs of the agency; or

1507.2 The Administrator may approve or disapprove the justification. If the justification is disapproved, the agency shall follow the instructions of the Administrator relating to the disposition of the records.

1507.3 The Administrator may direct the removal of records from an agency for the following reasons:

(a) The records are endangered in their present location;

(b) The records are no longer needed for the conduct of the current business of the agency;

(d) The agency justification for continued maintenance of the records within the agency is rejected.

1507.4 The Administrator may require such reports from District agencies on their activities under these regulations as he or she deems necessary to administer the Act.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7007-08 (October 30, 1987).

1 DCMR § 1508 THE DISPOSITION OF PUBLIC RECORDS

1508.1 Until such time as the Administrator has issued new guidelines, agencies shall follow the principles, standards, and procedures set forth in the Records Management Handbook entitled The Disposition of Federal Records.

1508.2 Each agency shall develop a records disposition program as follows:

(a) Inventory all records in the custody of the agency;

(b) Develop disposition standards for each type or series of records which specify whether the records are of permanent or temporary value;

(c) Formulate specific disposition instructions for each series of records based on disposition guidelines and instructions issued by the Administrator;

(d) Assemble the disposition standards and instructions for each series of records into a comprehensive agency Records Retention Schedule;

(e) Submit the proposed Records Retention Schedule for approval to the Archivist, the Administrator, and the Committee;

(f) Make any changes in the proposed Records Retention Schedule that may be requested by the Archivist, the Administrator, or the Committee; and

(g) Apply the approved Records Retention Schedule to all records of the agency.

1508.3 Any Records Retention Schedule in effect on the date of September 5, 1985, shall remain in effect until it is amended or repealed pursuant to these regulations.

1508.4 New District agencies shall complete a Records Retention Schedule within two (2) years of their establishment.

1508.5 An approved agency Records Retention Schedule shall specify the proper disposition for all agency records. Recurring series of records of continuing value shall be scheduled for permanent retention and eventual transfer to the Archives. Recurring series of all other records shall be scheduled for destruction after a specified period of time based on administrative, fiscal, and legal requirements.

1508.6 All agency Records Retention Schedules shall do the following:

(a) Be prepared in a form specified by the Administrator;

(b) Identify and describe clearly each series of records and contain disposition instructions that can be readily applied;

(c) Be prepared so that each subordinate office will have standing instructions detailing the destruction, transfer, or retention of records in its custody;

(d) Specify for temporary records a retention period of no more than five (5) years after creation, or five (5) years after the close of a transaction or case file, or five (5) years after an event; unless explicitly required by statute to retain the records for a longer period of time. Agency heads shall obtain written permission from the Administrator to retain temporary records longer than five (5) years for administrative purposes;

(e) Describe permanent records adequately to show the types of records, arrangement, content, and purpose of the series, finding aids and indexes, restrictions on access, and physical form if the records are nontextual items such as maps, photographs, microforms, sound recordings, computer tapes, or other nontextual records;

(f) Establish a cutoff period for permanent records after which they shall be offered to the Archives;

(g) Provide for the removal to the Records Center or other depository approved by the Administrator of those temporary records not eligible for immediate destruction which are no longer needed for the conduct of current business. Such records shall be maintained by the depository until they are eligible for further disposition action;

(h) Provide for the destruction of records that have served their statutory, fiscal or administrative uses in accordance with these regulations; and

(i) Provide for the retention of the minimum volume of current records in office space and equipment consistent with efficient operations.

1508.7 After completion of its Records Retention Schedule, the agency shall forward the schedule to the Archivist for review, in the form and manner prescribed by the Administrator.

1508.8 The Archivist shall examine the schedule to ensure that it meets the following criteria:

(a) The schedule is complete, accurate, and clear;

(b) The records designated as permanent have sufficient value to warrant their transfer to the Archives;

(d) The retention periods for temporary records are reasonable.

1508.9 The Archivist shall notify the agency in writing if he or she disapproves the schedule. The agency shall make the necessary corrections or modifications and resubmit the schedule to the Archivist.

1508.10 If the Archivist and the agency cannot agree on the retention period for any item, an appeal may be made to the Administrator for a decision. Differences shall be resolved prior to the submission of a schedule to the Committee.

1508.11 After approval by the Archivist, the schedule shall be submitted to the Administrator for review and approval. The Administrator shall forward the schedule to the Committee for final approval.

1508.12 After approval by the Committee, an agency Records Retention Schedule shall constitute the agency's legal authorization to implement the disposition instructions for the records covered by the schedule.

1508.13 Provisions of approved agency Records Retention Schedules shall be applied only to records dated later than December 31, 1920. Agencies having records in their custody dated earlier than 1921 shall notify the Archivist and request an appraisal of the records.

1508.14 Agencies shall review and update their Retention Schedule annually unless the Administrator determines that a longer period is appropriate.

1508.15 Agencies shall schedule the records of new programs within two (2) years of their implementation.

1508.16 Amendments to Retention Schedules may be initiated either by the agency or by the Archivist. Amendments shall be in a form prescribed by the Administrator and reviewed and approved in the same manner as the Retention Schedule.

1508.17 The head of each agency shall carry out the provisions of an approved Retention Schedule on a continuing basis and in a manner that ensures maximum economy of space, equipment, and personnel.

1508.18 The Administrator shall issue detailed instructions on procedures to follow in order to implement schedule provisions, and to transfer records to the Archives, Records Center, or other approved depository.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7008-11 (October 30, 1987), as amended by Final Rulemaking published at 36 DCR 1085 (February 3, 1989).

1 DCMR § 1509 GENERAL RECORDS SCHEDULES

1509.1 General Records Schedules shall provide disposition instructions for records common to more than one (1) District agency. Such schedules shall be developed by the Archivist and approved by the Administrator and the Committee.

1509.2 Once adopted, application of the disposition instructions in General Schedules shall be mandatory for all covered agencies unless specific exemption has been granted by the Committee.

1509.3 When records covered by the General Records Schedules are incorporated into an agency’s Records Retention Schedule, the General Records Schedule number and item number shall be cited.

1509.4 Provisions of General Records Schedules shall be applied only to records dated later than December 31, 1920.

1509.5 Provisions of General Records Schedules may be applied to records in the custody of the Archives.

1509.6 The disposition instructions of the General Records Schedules shall take precedence over the provisions of any agency Records Retention Schedule adopted before September 5, 1985, and any contradictory disposal instructions for District records stored in the Washington National Records Center prior to that date.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7011-12 (October 30, 1987); as amended by Final Rulemaking published at 36 DCR 1085 (February 3, 1989).

1 DCMR § 1510 DISPOSAL LISTS

1510.1 Until updated General Records Schedules for the District have been issued, agencies shall comply with the terms of D.C. Schedule 40, sections 1 through 8 and sections 10 through 31.

1510.2 Agencies may request, on a form specified by the Administrator, a one-time authorization to dispose of records that no longer accumulate and have no further operational or other value. This Disposal List, once approved, shall be applied to the records listed.

1510.3 A Disposal List shall give the following:

(a) Title and content of each records series and dates;

(b) Quantity of records;

(d) Restrictions on access, if any;

(e) Physical characteristics of the records if they are nontextual records; and

(f) The action requested, such as immediate destruction, direct accessioning into Archives, destruction after a period of time, or other disposition.

1510.4 Disposal Lists shall be approved in the same manner as agency Records Retention Schedules.

1510.5 The Archivist may initiate Disposal Lists for records of defunct agencies, for unscheduled or inappropriately scheduled records in the Washington National Records Center or District Records Center, and for other purposes.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7012 (October 30, 1987).

1 DCMR § 1511 WITHDRAWAL OF DISPOSAL AUTHORITY

1511.1 In an emergency or in the interest of efficient government operations, the Administrator may submit a request to withdraw disposal authorizations in an approved schedule to the Committee for its review and approval. This withdrawal may apply to specific records of a single agency or to a particular type of record common to any or all agencies.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7012 (October 30, 1987).

1 DCMR § 1512 TEMPORARY EXTENSION OF RETENTION PERIODS

1512.1 Disposition instructions in an approved agency Records Retention Schedule or General Records Schedule shall be mandatory. Records approved for disposal shall not be maintained longer without the prior written approval of the Committee.

1512.2 An agency head may request an extension of the retention period of a series of records on the grounds that special circumstances necessitate a longer retention time and that such an extension is required for the conduct of government business.

1512.3 The agency head's request shall be in writing and shall include the following information:

(a) Description of the records for which the extension is requested;

(b) Citation of the pertinent schedule provision that governs the records;

(d) Justification for the extension.

1512.4 The Archivist and the Administrator shall review the request, and the Administrator shall make recommendations to the Committee for its consideration.

1512.5 Upon expiration of an approved extension of retention period, an agency shall apply the normal retention requirements.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7013 (October 30, 1987).

1 DCMR § 1513 DESTRUCTION OF RECORDS

1513.1 Paper records to be destroyed shall, unless restricted, or whenever practicable, be sold as wastepaper and the wastepaper contractor shall be required to pulp, macerate, or shred the records. If the records are restricted by laws or regulations that prohibit their use by the public, a District employee shall witness the destruction of the records.

1513.2 Records other than paper records, such as x-rays, plastic recordings, film, and similar items, may be salvaged or sold, but the contract for sale shall prohibit the resale of these records for use as records or documents.

1513.3 When the public interest will be served, an agency may propose the transfer of records authorized for destruction to an eligible individual, organization, institution, or governmental body that has made application for them. Such donations shall receive the prior written approval of the Committee.

1513.4 The head of an agency shall request the approval of such a transfer by a written request that shall include the following information:

(a) Name and address of the proposed recipient of the records;

(b) A description of the records to be transferred, including dates and volume of the records and the disposition authority that controls the records;

(c) A statement providing evidence that the proposed transfer is in the best interests of the government, the proposed recipient agrees not to sell the records as records or documents, and the proposed recipient agrees not to transfer the records to any other entity without the prior written approval of the Committee; and

(d) A certification that the records contain no information the disclosure of which is prohibited by law or contrary to the public interest.

1513.5 The Archivist and the Administrator shall review the request, and the Administrator shall make recommendations for the consideration of the Committee.

1513.6 If the request is denied, the agency shall be notified that the records shall be destroyed in accordance with appropriate disposal authorities.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7013-14 (October 30, 1987).

1 DCMR § 1514 TRANSFER OF RECORDS FROM THE CUSTODY OF ONE AGENCY TO ANOTHER

1514.1 No records shall be transferred from the custody of one agency to another without the prior written approval of the Administrator.

1514.2 The head of any agency may request the transfer of records to or from the agency. Approval shall be requested by a letter addressed to the Administrator through the Archivist.

1514.3 The agency request shall include the following:

(a) a detailed description of the records to be transferred;

(b) a statement of the current and proposed physical and organizational location of the records;

(d) a justification of the transfer of records that are more than five (5) years old.

1514.4 The Administrator shall notify the agency in writing of his or her decision.

1514.5 Prior written approval of the Administrator shall not be required under the following conditions:

(a) Records are transferred to an approved records storage facility or to the Archives;

(b) Records are loaned for official use; or

(c) The transfer of records or functions or both is required by statute, Reorganization Plan, Mayor’s Order, or other legal directive.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7014-15 (October 30, 1987).

1 DCMR § 1515 RECORDS OF TERMINATED AGENCIES

1515.1 The disposition of records of terminated agencies is subject to all the provisions of this chapter. Agencies being terminated shall notify the Administrator of that fact and request guidance in planning the appropriate disposition of their records.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7015 (October 30, 1987).

1 DCMR § 1516 TRANSFER OF RECORDS TO A RECORDS CENTER OR OTHER APPROVED STORAGE FACILITY

1516.1 The Administrator shall issue instructions for the transfer of records to a records center or other approved depository in accordance with this chapter.

1516.2 Any agency may transfer records to an approved records center or other storage facility, subject to the following conditions:

(a) The records are properly scheduled;

(b) If the records are not scheduled for final disposition, an exception to this regulation shall be obtained from the Administrator by means of a request for courtesy storage;

(c) Courtesy storage shall not be used to store records indefinitely in a records center. The agency granted permission for courtesy storage shall submit an approved disposition authority for the records within two (2) years;

(d) The records are not authorized for disposal less than two (2) years after the transfer to the records center or other approved depository; unless excepted from this restriction by the Administrator; and

(e) Facilities for storing and providing reference on the records are available.

1516.3 The transfer of records to the Washington National Records Center and the transfer of personnel and payroll records to the National Personnel Records Center shall be in accordance with procedures specified by the National Archives and Records Administration, by the Administrator, and by the Committee.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7015-16 (October 30, 1987).

1 DCMR § 1517 TRANSFER OF RECORDS TO THE ARCHIVES

1517.1 Records listed as permanent on an approved schedule or Disposal List shall be offered to the Archives at the time specified in the schedule or list.

1517.2 Agencies and the Records Center shall submit to the Archivist on a form specified by the Administrator a request to transfer permanent records and shall follow all guidelines and procedures specified by the Archivist.

1517.3 The Archivist may disapprove a transfer of records for the following reasons:

(a) Lack of space or staff preclude the proper care of the records;

(b) Finding aids necessary for the use of the records are not transferred at the same time as the records;

(d) The records are in such disarray and disorder that they cannot be used practically for research purposes;

(e) The percentage of nonrecord and nonpermanent material intermingled with permanent records is so high that the costs of screening the records outweighs the benefits;

(f) The records are incorrectly described in the request for transfer; or

(g) For other sufficient reasons as determined by the Archivist.

1517.4 Records appraised as permanent that are disapproved for transfer because of restrictions on access may be stored in the Records Center.

1517.5 The Archivist may accept the transfer of permanent records earlier than the time specified in an approved schedule or Disposal List.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7016-17 (October 30, 1987).

1 DCMR § 1518 RECORDS IN THE DISTRICT RECORDS CENTER OR OTHER APPROVED STORAGE FACILITY

1518.1 Agency records that are accepted for storage by the Records Center or other approved storage depository shall be considered to be under the jurisdiction of the agency which transferred the records.

1518.2 The use of records in the Records Center shall be subject to access rules prescribed by the agency from which the records were transferred. When agency rules permit, the Records Manager shall make records in the Center available to requesters.

1518.3 When access is precluded by agency restrictions, the Records Manager shall refer to the responsible agency any requests for access, including those made under the Freedom of Information Act.

1518.4 In the case of records of a terminated agency for which there is no successor, access to records stored in the Center may be granted by the Administrator.

1518.5 The Records Manager shall establish procedures for access to and use of records in a research room and elsewhere in the Records Center.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7017 (October 30, 1987).

1 DCMR § 1519 REPRODUCTION OF RECORDS IN THE DISTRICT RECORDS CENTER

1519.1 The Records Manager shall establish procedures for the reproduction of records in the Records Center.

1519.2 The Records Manager shall prohibit the copying of a record by any method that might result in damage to the document.

1519.3 The Administrator may charge a fee for reproduction of records by Records Center personnel or with Records Center equipment.

1519.4 The Administrator shall publish a fee schedule for the copying of records in the Records Center.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7017-18 (October 30, 1987).

1 DCMR § 1520 AUTHENTICATION OF REPRODUCTIONS IN THE DISTRICT RECORDS CENTER

1520.1 The Records Manager may authenticate and attest copies of records in the Records Center, which shall have the same evidentiary value as those authenticated by the Administrator.

1520.2 The Records Manager shall implement the disposition instructions of approved schedules and Disposal Lists for records stored in the Records Center.

1520.3 Records Center personnel shall destroy temporary records stored in the Records Center at the expiration of their scheduled retention period. The parent agency shall be responsible for notifying the Records Manager if records should not be destroyed at the expiration of their retention period.

1520.4 Records Center personnel shall destroy records in accordance with the procedures specified in sections 1513.1 and 1513.2.

1520.5 The Records Manager shall offer permanent records to the Archives at the expiration of their scheduled storage time in the Records Center,

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7017-18 (October 30, 1987).

1 DCMR § 1521 RECORDS OR DONATED HISTORICAL MATERIALS IN THE ARCHIVES

1521.1 Upon accessioning into the Archives, jurisdiction over the records shall pass from the agency that created, maintained, or received the records, to the Archives.

1521.2 The Archivist shall be responsible for the custody, use, withdrawal, and loan of records and donated historical materials transferred to the Archives.

1521.3 The Archivist shall establish procedures for access to and use of records in the research room and elsewhere in the Archives.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7018 (October 30, 1987).

1 DCMR § 1522 RESTRICTIONS ON THE USE OF RECORDS IN THE ARCHIVES

1522.1 The use of records in the Archives shall be subject to restrictions prescribed by statute or court order, and to restrictions imposed by the agency which transferred the records or by the donor of historical materials.

1522.2 The Archivist shall impose agency restrictions on access to its records in cases where the head of the agency has stated in writing that such restrictions are in the public interest. Agency heads shall justify the restrictions, and shall cite the statute or Freedom of Information Act exemption that authorizes the imposing of restrictions on the use or examination of the records.

1522.3 Such restrictions shall not remain in effect more than thirty (30) years after the records were created unless the Archivist, with the approval of the Administrator, determines for specific records that the restrictions shall remain in force for a longer period.

1522.4 The Archivist shall not authorize the opening of any records ordered sealed by a court.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7019 (October 30, 1987).

1 DCMR § 1523 REPRODUCTION AND AUTHENTICATION OF RECORDS IN THE ARCHIVES

1523.1 The Archivist shall establish procedures for the reproduction of records in the Archives.

1523.2 The Archivist shall prohibit the copying of a record by any method that might result in damage to the document.

1523.3 The Administrator may charge a fee for the copying of records by Archives personnel or with Archives equipment.

1523.4 The Administrator shall publish a fee schedule for the copying of records in the Archives.

1523.5 The Archivist may authenticate and attest copies of records in the Archives, which shall have the same evidentiary value as those authenticated by the Administrator.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7019 (October 30, 1987).

1 DCMR § 1524 LOANS OF RECORDS FROM THE ARCHIVES

1524.1 The Archivist may loan records from the Archives to the agency that created or transferred the records subject to the following conditions:

(a) The Archivist shall not loan documents of high intrinsic value;

(b) The Archivist shall not loan records that are in fragile condition or otherwise deteriorated to an extent that further handling could endanger them;

(c) The Archivist shall not loan records to agencies in order to answer routine inquiries from other agencies or the public; and

(d) The official who borrows the records shall assume full responsibility for them, including their prompt return upon the expiration of the time for which they were borrowed.

1524.2 The Archivist shall establish standards and procedures for the loan of records for exhibits.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7019-20 (October 30, 1987).

1 DCMR § 1525 DEACCESSIONING OF RECORDS IN THE ARCHIVES

1525.1 The Archivist shall review and reappraise records in the Archives to ensure that they are of enduring value and merit long-term preservation.

1525.2 Those records reappraised and found not worthy of continued preservation may be disposed of by deaccessioning. Deaccessioning actions shall be approved by the Archivist, the Administrator, and the Committee.

1525.3 When the public interest will be served, the Archivist may recommend the transfer of deaccessioned records to an organization, institution, corporation, or governmental body.

1525.4 The Administrator and the Committee shall give prior written approval to such donations of deaccessioned materials.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7020 (October 30, 1987).

1 DCMR § 1526 LIBRARY OF GOVERNMENTAL INFORMATION

1526.1 The Chief of the Library shall establish and issue procedures and standards for the use of Library material in a research room or elsewhere.

1526.2 The Chief of the Library shall not impose restrictions on access to or examination of Library materials except in cases where he or she has determined that an item is of such rarity or fragility that handling the material might result in its loss or damage.

1526.3 The Chief of the Library shall establish procedures and standards for the loan of Library materials for exhibit or for other purposes.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7020 (October 30, 1987).

1 DCMR § 1527 REPRODUCTION OF LIBRARY MATERIALS

1527.1 The Chief of the Library shall establish procedures for the reproduction of Library material.

1527.2 The Chief of the Library shall prohibit the copying of Library material by any method that might result in damage to an item.

1527.3 The Administrator may charge a fee for the reproduction of Library material by Library personnel or with Library equipment.

1527.4 The Administrator shall publish a fee schedule for the copying of Library materials.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7021 (October 30, 1987).

1 DCMR § 1528 DISPOSAL OF LIBRARY MATERIALS

1528.1 The Archivist may request that disposable material in the Library collection be transferred to the Archives.

1528.2 The Chief of the Library may loan or sell other materials not needed by the Library to governmental bodies, private nonprofit organizations, other organizations, or individuals.

1528.3 In the event of competing requests for materials, the order of preference shall be as stated in subsection 1528.2, except that absolute priority shall be given to an agency of the District of Columbia.

1528.4 The Chief of the Library may sell as wastepaper or otherwise destroy materials that are in excess or outdated.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7021 (October 30, 1987).

1 DCMR § 1529 MICROGRAPHICS

1529.1 Agencies shall obtain prior written approval from the Administrator for the microcopying of agency records and for the purchase or lease of microreproduction equipment.

1529.2 Agencies shall request approval in a form specified by the Administrator at least ninety (90) days prior to the beginning of a micrographics project or purchase or lease of microreproduction equipment.

1529.3 The Administrator shall notify the agency in writing of his or her decision.

1529.4 The Administrator shall establish quality standards for the microcopying of permanent records or of records scheduled to be retained for a period of ten (10) years or more.

1529.5 The agency or company that filmed the records shall submit to the

Administrator the results of such quality tests on the microcopy as the Administrator shall require.

1529.6 Temporary records scheduled to be retained for less than ten (10) years may be filmed in accordance with agency standards.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7021-22 (October 30, 1987).

1 DCMR § 1530 DISTRIBUTION OF MICROCOPIES

1530.1 Unless otherwise specified by the Administrator, agencies shall transfer the silver halide master microcopy of records scheduled to be retained ten (10) years or longer to the Records Center or other storage facility approved by the Administrator for secure storage.

1530.2 Agency policy shall determine the distribution of the silver halide master microcopy of records scheduled to be retained less than ten (10) years.

1530.3 Agencies shall transfer a reference copy of the microcopy of records scheduled as permanent to the Archives.

1530.4 The agency that filmed the records may retain a reference copy of the film for its own use.

1530.5 Agency policy shall determine the distribution of the reference copy of the microcopy of records scheduled to be retained less than ten (10) years.

History

SOURCE: Final Rulemaking published at 36 DCR 1085 (February 3, 1989).

1 DCMR § 1531 DESTRUCTION OF RECORDS AFTER MICROCOPYING

1531.1 The Administrator shall approve the destruction of records after they have been microcopied.

1531.2 Sixty (60) days prior to the planned destruction, agencies shall submit to the Administrator, in a form specified by the Administrator, a notice of intent to destroy records that have been filmed.

1531.3 If the records to be destroyed are designated as permanent, agencies shall also submit a Microcopy Quality Evaluation.

1531.4 If the records are scheduled as temporary and have a retention period of ten (10) years or longer, the Administrator may require that agencies also submit a Microcopy Quality Evaluation.

1531.5 The Administrator shall notify the agency in writing of the approval or disapproval of its request to destroy the records that have been filmed.

History

SOURCE: Final Rulemaking published at 36 DCR 1085, 1086 (February 3, 1989).

1 DCMR § 1532 USE AND STORAGE OF MICROCOPIES

1532.1 The master microcopy of permanent records and of temporary records having a retention period of ten (10) years or longer, shall not be used for reference purposes.

1532.2 Duplicate copies shall be used for reference purposes and for further duplication on a recurring basis or for large-scale duplication such as for distribution of records in microform.

1532.3 In cases where it is necessary to make duplicates from the master copy, procedures shall ensure that the master copy remains clean and undamaged during the duplication process.

1532.4 The Administrator shall establish and issue standards, guidelines, and procedures for the secure storage of the master microcopy of permanent records and of temporary records having a retention period of ten (10) years or longer.

1532.5 The Administrator may establish a centralized micrographic service for the benefit of District agencies.

1532.6 Such a service shall provide the following:

(a) Technical advice and assistance in designing and implementing agency microcopying projects and programs;

(b) Reimbursable microcopying services including the preparation, indexing, and filming of records, inspection of film, quality testing of microcopies, and other services; and

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7022 (October 30, 1987).

1 DCMR § 1533 ESSENTIAL RECORDS

1533.1 The Administrator shall establish and issues guidelines, standards, and instructions for the identification of essential records and their security and preservation.

1533.2 Each agency shall establish an essential records program in accordance with directives and instructions issued by the Administrator.

1533.3 The Administrator shall provide for the storage and protection of essential records or duplicate copies of essential records in a secure depository.

History

SOURCE: Final Rulemaking published at 34 DCR 7001, 7024 (October 30, 1987).

1 DCMR § 1599 DEFINITIONS

1599.1 For the purposes of this chapter, the following words and phrases shall have the meaning ascribed:

Accession - The acts and procedures involved in the transfer of records or papers into the physical custody of the Archives, Records Center, or other depository.

Act - D.C. Law 6-19, the District of Columbia Public Records Management Act of 1985, as amended, D.C. Code §§ 1-2901 et seq.

Administrator - the Public Records Administrator (or his or her designee) of the Office of Public Records by the authority of section 3(b) of the Act.

Appraisal - The process of determining the value and thus the disposition of records based on their current administrative, legal, and fiscal use; their evidential and informational or research value; and their relationship to other records.

Archives - (1) Those records which have been determined to have sufficient historical or other value to warrant their continued preservation by the District government and which have been accepted for deposit in the custody of the Administrator; (2) the physical building were the archives are kept; or (3) the unit of government responsible for selecting, preserving, and making available archival materials.

Archivist - The Archivist of the District of Columbia.

Deaccession - The disposal by the Archives of accessioned records.

Disposal List - A document providing one-time authorization for the disposition of specified existing records series.

Disposition - The removal by a District agency or other governmental unit of a record no longer necessary for the conduct of public business in accordance with approved records schedules or lists and removal methods and procedures approved by the Administrator and the Committee.

Essential records - those records that are necessary for the continuation of government and the maintenance of public rights and welfare in event of a disaster.

Evidential value - The worth of those records of an agency that are necessary to provide adequate documentation of its organization and functions.

General Records Schedule - A records control schedule governing the retention and disposition of specified recurring records series common to several or all organizations.

Informational value - The value of a record for the information it contains, whether or not the record is of evidential value.

Inventory - A survey of records prior to determining their proper disposition in a records schedule or Disposal List.

Master copy - In micrographics, the film from the first microcopying of a document. When filming permanent or long-term records, the master copy is the silver halide original.

Micrographics - The science and technology of document and information microfilming and associated microform systems.

Noncurrent records - records no longer required for the conduct of current business.

Permanent record - Any record that has been determined to have sufficient value to warrant its preservation by the District Archives.

Records Center - (1) When capitalized, the District of Columbia Records Center; (2) when not capitalized, any facility for the low-cost and efficient storage and furnishing of reference service on semicurrent records pending their ultimate disposition.

Records Manager - The Records Manager of the District of Columbia.

Semicurrent records - Records required so infrequently in the conduct of current business that they may be moved to a records center or other appropriate storage facility.

Series - File units or documents arranged according to a filing system or kept together because they relate to a particular subject or function, result from the same activity, have a particular physical form, or because of some other relationship arising out of their creation, receipt, or use. Sometimes called “record series”.

Silver halide film - A film that is coated with a silver halide emulsion which is suitable for the microcopying of permanent records and temporary records scheduled to be retained for ten (10) years or longer.

Temporary record - Any record which has been determined to have insufficient value to warrant its preservation by the District Archives.

Unscheduled record - Any record for which no ultimate disposition has been determined.

History

SOURCE: Final Rulemaking published 34 DCR 7001, 7024-26 (October 30, 1987).

1-16 AGENCY DOORKNOB NOTICE PROCEDURES

1 DCMR § 1600 PURPOSE AND SCOPE

1600.1 This chapter establishes the minimum requirements for implementation of D.C. Law 6-103, the “District of Columbia Residence Doorknob Notice Act of 1985,” which requires the District of Columbia government to leave a notice at a residence whenever it attempts and fails to provide a service to that residence.

1600.2 This chapter shall apply to District agencies from which bulk trash collection, tree trimming, alley cleaning, leaf collection services and inspections for alleged housing code violations have been requested and cannot be delivered due to an act or omission on the part of the resident (for example, no one at home to allow access to private property, or bulky wastes were not found at the proper point of collection).

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is the District of Columbia Residence Doorknob Notice Act of 1985, D.C. Law 6-103 (codified at D.C. Code § 1-1028 (1999 Repl.)).
SOURCE: Final Rulemaking published at 34 DCR 7132 (November 6, 1987).

1 DCMR § 1601 THE NOTICE

1601.1 The notice to be left at a residence in accordance with § 1600.2 shall contain the following information:

(a) The name of the agency;

(b) The name of the division attempting to provide the service;

(d) The reason the service could not be delivered;

(e) A telephone number that the resident can call to reschedule service; and

(f) Any other appropriate information.

1601.2 The notice shall be left, if possible, in any manner at the premises of the requestor that offers a reasonable assurance that it will remain there until retrieved by the resident, such as by being pushed under the internal door on the premises of the requestor or by being enclosed between the external and internal doors of the premises of the requestor, except that mailboxes, mail slots and other receptacles for the U.S. mail shall not be used.

History

SOURCE: Final Rulemaking published at 34 DCR 7132-33 (November 6, 1987).

1-17 DISTRICT OF COLUMBIA - PAYMENT TO VENDORS

1 DCMR § 1700 GENERAL PROVISIONS

1700.1 This chapter prescribes policies and procedures to be followed by agencies in implementing the District of Columbia Government Quick Payment Act of 1984, D.C. Law 5-164, effective March 15, 1985 (the “Act”), D.C. Code §§ 1-1171 to 1-1176 (1999 Repl.).

1700.2 Pursuant to section 3 of the Act, these rules shall apply to any office, department, division, board, commission or other agency of the District other than an independent agency required either by law, the Mayor or the Council of the District of Columbia (Council), to administer any law or any rule adopted under the authority of a law.

1700.3 Agency heads shall have the following responsibilities:

(a) To assure timely payments of proper invoices and the payment of interest for overdue payments;

(b) To determine the causes for any interest penalties incurred for overdue payments; and

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is the District of Columbia Quick Payment Act of 1984, D.C. Law 5-164, effective March 15, 1985, as amended, D.C. Code §§ 1-1171 to 1-1176 (1999 Repl.).
SOURCE: Final Rulemaking published at 35 DCR 8131 (November 18, 1988).

1 DCMR § 1701 DESIGNATED PAYMENT OFFICERS

1701.1 The primary certifying officer for each agency shall serve as the agency’s designated payment officer.

1701.2 The designated payment officer shall be responsible for the following duties:

(a) Designate the central receiving point for all invoices from business concerns;

(b) Establish a system for recording the receipt of all invoices;

(d) Notify a business concern in writing, as provided in § 1705, of any defects or impropriety in invoices which would prevent payment of the invoice;

(e) Determine the required payment date for all invoices that meet the requirements for payments; and

(f) Calculate the penalties due on payments which are not made by the required payment date.

History

SOURCE: Final Rulemaking published at 35 DCR 8131-32 (November 18, 1988).

1 DCMR § 1702 PAYMENT STANDARDS

1702.1 Agencies shall make payments as close as possible to, but not later than, the required payment dates specified in § 1707.

1702.2 Agencies shall mail or deliver checks to business concerns on or about the same day that the checks are dated.

1702.3 If an agency makes a payment by check, the payment shall be considered made on the date the payment check is dated.

History

SOURCE: Final Rulemaking published at 35 DCR 8131, 8132 (November 18, 1988).

1 DCMR § 1703 REQUIREMENTS FOR CONTRACTS

1703.1 Any contract entered into after the effective date of this chapter shall contain the following:

(a) Payment due date or dates;

(b) Separate payment dates if a contract provides for partial payments for partial execution or deliveries;

(d) Name (where practicable), title, telephone number, and complete address of the responsible official to whom payments are to be sent;

(e) The business concern’s DUNS number;

(f) Purchase order or contract number;

(g) Description of goods and services to be provided; and

(h) Price and quantity of goods and services.

1703.2 A contract for meat or meat food products, perishable agricultural commodities, or any other contract with a payment due date based on delivery, shall require that a proper invoice be submitted with each shipment. Supplies under these contracts shall not be deemed delivered until the later of the date of actual delivery or the date of receipt of a proper invoice.

History

SOURCE: Final Rulemaking published at 35 DCR 8131, 8132-33 (November 18, 1988).

1 DCMR § 1704 REQUIREMENTS FOR PROPER INVOICES

1704.1 In order to constitute a proper invoice for payment, an invoice shall contain the following:

(a) Name and remittance address of the business concern, and invoice number and date;

(b) Contract number or purchase order or other authorization for delivery of goods or services;

(d) Shipping and payment terms;

(e) Vendor’s DUNS number; and

(f) Other substantiating documentation or information as required by contract.

1704.2 An agency may require a business concern to provide additional information which is helpful to the designated payment officer, but which is not essential. Failure of the business concern to provide this nonessential information with the invoice shall not render the invoice defective.

1704.3 Invoices shall be considered received by the designated payment officer on the date a proper invoice is actually received in the designated office, or the date the agency accepts the property or service, whichever is later.

History

SOURCE: Final Rulemaking published at 35 DCR 8131, 8133 (November 18, 1988).

1 DCMR § 1705 NOTICE OF DEFECTS

1705.1 A designated payment officer shall notify a business concern in writing and within the time periods specified in this section when any error or defect in an invoice or in delivered goods, property or services, or other impropriety would prevent the running of the time periods in § 1704.2.

1705.2 Notices shall specify the error, defect, or impropriety and shall be suitably documented.

1705.3 Notices shall be mailed within the following time periods:

(a) Meat and meat food products - within three (3) calendar days after the delivery of the meat and meat food products;

(b) Perishable agricultural commodities - within five (5) calendar days after the delivery of the perishable agricultural commodities; and

History

SOURCE: Final Rulemaking published at 35 DCR 8131, 8133-34 (November 18, 1988).

1 DCMR § 1706 RECEIVING REPORTS

1706.1 Agency heads shall establish internal procedures to ensure that receipt and acceptance of goods and services are executed promptly.

1706.2 Employees who receive goods and services shall complete receiving reports which shall contain the following information:

(a) Contract or other authorization number;

(b) Product or service description;

(d) Date(s) property or service delivered; and

(e) Signature, printed name, title, telephone number and address of receiving official.

1706.3 Receiving reports shall be forwarded in time to be received by the designated payment officer by the following time periods:

(a) Meat and meat food products - by the first (1st) business day after delivery;

(b) Perishable agricultural commodities - by the first (1st) business day after Delivery; and

1706.4 The designated payment officer shall stamp receiving reports and invoices with the date received in the designated payment office.

History

SOURCE: Final Rulemaking published at 35 DCR 8131, 8134-35 (November 18, 1988).

1 DCMR § 1707 DETERMINATION OF REQUIRED PAYMENT DATE

1707.1 If a contract specifies the date on which payment is due, the required payment date is the date specified in the contract.

1707.2 If a contract does not specify a payment date, the required payment date will be one of the following:

(a) Meat and meat food products - the seventh (7th) day after the date of delivery of the meat or meat product;

(b) Perishable agricultural commodities - the tenth (10th) day after the date of delivery of the perishable agricultural commodity; or

(c) All other goods and services - the thirtieth (30th) day after the receipt of a proper invoice by the designated payment officer.

1707.3 The following rules shall apply in computing required payment dates:

(a) The date of the delivery of meat or meat food products or perishable agricultural commodities, or the date an invoice for other goods and services is received, is not counted;

(b) Days designated as legal holidays in the District of Columbia under D.C. Code § 28-2701 (1996 Repl.) are not counted; and

History

SOURCE: Final Rulemaking published at 35 DCR 8131, 8135 (November 18, 1988).

1 DCMR § 1708 TIME DISCOUNTS

1708.1 An agency shall not take a time discount, by expediting a payment in exchange for a discount of the amount due, unless it is more economical to expedite payments than to pay on the required date.

1708.2 An agency shall not pay the discounted price if the payment is not made within the specified discount period.

History

SOURCE: Final Rulemaking published at 35 DCR 8131, 8135 (November 18, 1988).

1 DCMR § 1709 IMPOSITION OF INTEREST PENALTY

1709.1 A business concern shall be entitled automatically to receive an interest penalty payment if the following conditions are met:

(a) The business concern has a contract or purchase order for the goods or services provided;

(b) The agency has accepted property or services and there is no disagreement over quantity, quality or other contract provisions which would affect payment;

(c) A proper invoice has been received by the designated payment officer (except where no invoice is required; for example, as with periodic lease payment), or the agency has failed to give the business concern a notice of defect as required by § 4905;

(d) Payment is not made on or before the end of the following periods:

(1) Meat and meat food products - the third (3rd) calendar day after the payment due date;

(2) Perishable agricultural commodities - the fifth (5th) calendar day after the payment date; and

(3) Other goods, property or services - the fifteenth (15th) calendar day after the payment date.

1709.2 A business concern shall be entitled to receive an interest penalty payment if it meets the conditions of §§ 1709.1(a) to (d) and if an agency has taken a time discount from an amount due the business concern after the discount period has expired and has failed to correct the underpayment on or before the applicable time period specified in § 1709.1(d).

1709.3 Interest penalties shall not be paid in the following circumstances:

(a) Payment has not made because of a disagreement between an agency and a business concern;

(b) Payments are made to a third party on behalf of the vendor solely for financing purposes;

(d) Payments are made for a period in which amounts are withheld temporarily in accordance with a contract.

History

SOURCE: Final Rulemaking published at 35 DCR 8131, 8135-36 (November 18, 1988).

1 DCMR § 1710 CALCULATION OF INTEREST PENALTIES

1710.1 Interest shall be calculated at the rate of one percent (1%) per month.

1710.2 Interest shall be computed from the day after the required payment through the actual payment date.

1710.3 When an interest penalty that is owed is not paid, interest shall accrue on the unpaid amount until paid. Interest penalties remaining unpaid for any thirty-day (30) period will be added to the principal, and interest penalties thereafter, will accrue monthly on the total of principal and previously accrued interest.

1710.4 When an agency takes a discount after the discount period has expired, the interest payment shall be calculated on the amount of the discount taken, for the period beginning the day after the end of the specified discount period through the actual payment date.

1710.5 No interest penalties shall continue to accrue under the following circumstances:

(a) After the filing of a claim for such penalties; or

(b) For more than one (1) year.

1710.6 Interest penalties of less than five dollars ($5.00) shall not be paid unless requested.

1710.7 Adjustments shall be made for errors in calculating interest, if requested.

History

SOURCE: Final Rulemaking published at 35 DCR 8131, 8137 (November 18, 1988).

1 DCMR § 1711 PAYMENT OF INTEREST PENALTIES

1711.1 A separate voucher, along with appropriate documentation, shall be prepared for each interest penalty payment.

1711.2 Interest penalty payments shall be charged to an object class set up specifically for interest penalty payments.

History

SOURCE: Final Rulemaking published at 35 DCR 8131, 8137 (November 18, 1988).

1 DCMR § 1712 REPORTING REQUIREMENTS

1712.1 Each District agency shall file with the Chief Financial Officer of the District of Columbia a detailed report on any interest penalty payments made during the preceding fiscal year.

1712.2 The report shall include the numbers, amounts and frequency (on a percentage basis of interest penalty payments made during the preceding fiscal year).

1712.3 Reports shall be delivered to the Chief Financial Officer of the District of Columbia within sixty (60) days after the conclusion of each fiscal year.

History

AUTHORITY: Pursuant to section 424 of the District of Columbia Home Rule Act of 1973, as amended by Pub. L. No. 109-356, approved October 16, 2006 (D.C. Official Code 1-204.24a et seq.), all duties of the Deputy Mayor for Financial Management have been transferred to the Chief Financial Officer of the District of Columbia.
SOURCE: Final Rulemaking published at 35 DCR 8131, 8137 (November 18, 1988).

1 DCMR § 1713 CLAIMS

Claims for interest penalties which a District agency has failed to pay in accordance with § 1709 may be filed with the Contracts Appeals Board.

History

SOURCE: Final Rulemaking published at 35 DCR 8131, 8138 (November 18, 1988).

1 DCMR § 1714 [RESERVED]

1 DCMR § 1715 [RESERVED]

1 DCMR § 1716 [RESERVED]

1 DCMR § 1717 [RESERVED]

1 DCMR § 1718 [RESERVED]

1 DCMR § 1799 DEFINITIONS

1799.1 For purposes of this chapter, the following words and phrases shall have the meaning ascribed:

Agency - any office, department, division, board, commission or other agency of the District other than an independent agency required either by law, the Mayor or the Council of the District of Columbia (Council) to administer any law or any rule adopted under the authority of a law.

Business concern - any person or organization engaged in a trade or business, or not- for-profit entities operating as contractors.

Contract - any enforceable agreement, including rental or lease agreements and purchase orders, between an agency and a business concern, to acquire for the District government property or services.

DUNS Number - the identification assigned to a business concern by Dun and

Bradstreet.

Independent Agency - any agency of the government not subject to the

administrative control of the Mayor and includes, but is not limited to, the Superior Court of the District of Columbia, District of Columbia Court of Appeals, Council of the

District of Columbia, Board of Elections and Ethics, Armory Board, Zoning Commission, Convention Center Board of Directors, District of Columbia Board of Education and the Public Service Commission.

Perishable Agricultural Commodity - any of the following, whether or not frozen or packed in ice: fresh fruits and fresh vegetables of every kind and character.

History

SOURCE: Final Rulemaking published at 35 DCR 8131, 8139 (November 18, 1988).

1-20 PAYMENT FOR CARE OF POLICEMEN AND FIREMEN INJURED BY THIRD PARTIES

1 DCMR § 2000 GENERAL PROVISIONS

2000.1 This chapter sets forth the procedures for:

(a) Certifying the cost of care provided by the District to policemen and firemen injured by third parties;

(b) Placing liens against recoveries by policemen and firemen for such injuries;

(d) Subrogating the District to such claims;

(e) Distributing the proceeds of recoveries made on the basis of such claims; and

(f) Requesting the release or waiver of a claim by the District against recoveries of policemen and firemen.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is section 6 of D.C. Law 2-100, the “District of Columbia Medical Care Recovery Act of 1978,” effective August 17, 1978, D.C. Code § 4505 (1994 Repl.).
SOURCE: Final Rulemaking published at 36 DCR 798 (January 27, 1989).

1 DCMR § 2001 POLICE OR FIRE CHIEF TO CERTIFY COST OF CARE

2001.1 Within ten (10) days of the District of Columbia Police and Fire Clinic’s first treating any policeman or fireman who suffers injury or disease in circumstances in which a third party may be responsible to pay damages, the Chief of Police or the Fire Chief, respectively, shall certify to the Corporation Counsel the estimated cost of reasonable value of care already furnished, or to be be furnished, to the policeman or fireman.

2001.2 In certifying the estimated cost or reasonable value of care, the Chief of Police or the Fire Chief shall include the cost or value of the following types of care already furnished or to be furnished:

(a) Medical services;

(b) Surgical services;

(d) Prostheses and medical appliances;

(e) Funeral expenses; and

(f) Wages paid during any resulting leave of absence.

2001.3 The certification of the Chief of Police or the Fire Chief to the Corporation Counsel shall include the following:

(a) The name and address of any potentially liable third party; and

(b) A description of the third party’s involvement.

History

SOURCE: Final Rulemaking published at 36 DCR 798, 799 (January 27, 1989).

1 DCMR § 2002 CORPORATION COUNSEL TO FILE LIEN AGAINST RECOVERY BY POLICEMAN OR FIREMAN FROM THIRD PARTY

2002.1 Whenever the Chief of Police or the Fire Chief certifies the estimated cost or reasonable value of care under § 2001, the Corporation Counsel shall file a written notice in the lien docket of the Office of the District of Columbia Recorder of Deeds of a lien for the amount certified upon any recovery of damages against a liable third person by the policeman or fireman treated.

2002.2 The Corporation Counsel shall file any such notice of lien within the applicable statute of limitations period for the underlying cause of action.

2002.3 The Corporation Counsel shall mail a copy of the notice filed by first class mail to each of the following:

(a) The policeman or fireman treated;

(b) Any third person alleged to be a liable for the policeman’s or fireman’s injury or disease; and

History

SOURCE: Final Rulemaking published at 36 DCR 798, 799-800 (January 27, 1989).

1 DCMR § 2003 POLICEMAN OR FIREMAN TO NOTIFY CORPORATION COUNCIL OF CLAIM AGAINST THIRD PARTY

2003.1 Within ten (10) days of any policeman’s or fireman’s making a claim against, or instituting a proceeding against, or entering in a settlement negotiations with, a third person as a result of any injury or disease for which the policeman or fireman has received care from the District, the policeman or fireman shall provide written notice of the same by mailing the notice first class to the Corporation Counsel and to the Chief of Police or Fire Chief, respectively.

2003.2 The policeman or fireman shall also provide written notice of the District’s lien interest to the third party at the time of making a claim or instituting a proceeding or entering into settlement negotiations.

2003.3 Whenever the Corporation Counsel separately institutes a proceeding against such a third party, the Corporation Counsel shall send written notice to the policeman or fireman treated, setting forth the District’s right to reimbursement and the policeman’s or fireman’s right, if he or she has not proceeded to trial in another proceeding or executed a settlement agreement, to intervene or join in the District’s proceeding and to retain private counsel.

History

SOURCE: Final Rulemaking published at 36 DCR 798, 800 (January 27, 1989).

1 DCMR § 2004 DISTRICT SUBROGATED TO CLAIMS BY POLICEMAN OR FIREMAN AGAINST THIRD PARTY

2004.1 As soon as the District begins providing care to a policeman or fireman, it shall become subrogated to any right or claim that the policeman or fireman has against any third party for the care it has undertaken to provide or pay for.

2004.2 In addition to the legal subrogation effected under § 2004.1, the policeman or fireman shall execute a written assignment of that same right or claim, upon written request by the Corporation Counsel.

History

SOURCE: Final Rulemaking published at 36 DCR 798, 800-01 (January 27, 1989).

1 DCMR § 2005 POLICEMAN OR FIREMAN TO DELAY DISBURSING PROCEEDS OF RECOVERY FROM THIRD PARTY

2005.1 Within five (5) days of receiving any proceeds of a recovery or settlement against any third party for an injury sustained or a disease contracted, a policeman or fireman shall ascertain from the Corporation Counsel the amount of any lien on behalf of the District of Columbia, and pay the amount of any such lien.

2005.2 No policeman or fireman shall disburse any proceeds of a recovery or settlement against a third party for an injury sustained or disease contracted without first complying with § 2005.1 of this chapter.

History

SOURCE: Final Rulemaking published at 36 DCR 798, 801 (January 27, 1989).

1 DCMR § 2006 CORPORATION COUNSEL MAY COMPROMISE OR WAIVE CLAIM AGAINST POLICEMAN OR FIREMAN

2006.1 A policeman or fireman may request that the District compromise, settle, release, or waive its claims for care provided to him or her by making such a request, in writing, together with the reasons therefor to the Corporation Counsel.

2006.2 The Corporation Counsel may compromise, settle, release, or waive in whole or in part the District’s claims under the following circumstances:

(a) For the convenience of the District; or

(b) If the Corporation Counsel determines that collection would result in undue hardship upon the policeman or fireman to whom care has been provided.

History

SOURCE: Final Rulemaking published at 36 DCR 798, 801 (January 27, 1989).

1 DCMR § 2099 DEFINITIONS

2099.1 When used in this chapter, the following terms shall have the meanings ascribed:

Care - Treatment, services, or benefits provided to an injured or diseased policeman or fireman.

Policeman or Fireman - Any police officer employed by the Metropolitan Police Department of firefighter employed by the District of Columbia Fire Department or the personal representative or attorney of that police officer or firefighter.

History

SOURCE: Final Rulemaking published at 36 DCR 798, 801-02 (January 27, 1989).

1-22 GAS STATION ADVISORY BOARD RULES AND PROCEDURES

1 DCMR § 2200 GENERAL PROVISIONS

2200.1 This chapter sets forth the rules and procedures to be followed in implementing the Retail Service Station Act of 1976, D.C. Law § 1-123, D.C. Code § 10-231 (1996 Repl.), as amended.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is the Retail Service Station Act of 1976, as amended, D.C. Law 1-123, codified at D.C. Code § 10- 231 (1995 Repl. and 1999 Supp.).
SOURCE: Final Rulemaking published at 35 DCR 5101 (July 1, 1988).

1 DCMR § 2201 APPEARANCE AND REPRESENTATION

2201.1 In any proceeding before the Board, a person may appear on his or her own behalf or on behalf of any other person. Any person appearing before the Board other than on his or her own behalf may be required by the Board to establish his or her authority to act in a representative capacity.

2201.2 In computing any period of time, calendar days shall be counted. When the last day of the period so computed is a Saturday, Sunday or legal holiday, the period shall run until the end of the next day which is neither a Saturday, Sunday nor legal holiday.

2201.3 Except as otherwise provided by law, whenever an act is required to be done within a specified time, the period of time prescribed may, for good cause, be extended by the Board.

2201.4 An applicant shall not be required to appear before the Board unless the application is opposed.

History

SOURCE: Final Rulemaking published at 35 DCR 5101 (July 1, 1988).

1 DCMR § 2202 SERVICE OF PAPERS, METHODS, PROOF

2202.1 A party shall serve upon all other parties any submission made to the Board.

2202.2 Any paper required to be served upon a party shall be served upon him or her, or upon the representative designated by him or her or by the law to receive service papers. When a party has appeared by attorney, service may be made upon the attorney of record.

2202.3 Service may be made by personal delivery, by first class mail, or as otherwise authorized by law. When there are numerous parties to a proceeding, the Board may make special provisions regarding the service of papers.

2202.4 Service upon a party is complete if one of the following actions is taken:

(a) By personal delivery, on handling the paper to the person, or leaving it at his or her office with his or her clerk or other person in charge or, if there is no one in charge, leaving it in a conspicuous place therein or, if the office is closed or the person to be served has no office, leaving it at his or her usual place of residence with some person of suitable age and discretion then residing therein;

(b) By mail, on deposit in the United States mail, properly stamped and addressed; or

2202.5 Proof of service, stating the name and address of the person on whom served and the manner and date of service, shall be shown for each document filed, and may be made in one of the following ways:

(a) Written acknowledgment by the party served or his or her counsel;

(b) The certificate of counsel, if he or she has made the service; or

History

SOURCE: Final Rulemaking published at 35 DCR 5101-03 (July 1, 1988).

1 DCMR § 2203 APPLICATIONS FOR EXEMPTIONS

2203.1 An exemption proceeding shall be initiated by the filing of an application for exemption.

2203.2 The applicant shall, on a form to be provided by the D.C. Energy Office, include in the application for exemption information from which the following can be determined:

(a) The extent of financial hardship on the retail service station;

(b) The extent to which the applicant will agree to improve the retail service station; and

2203.3 The applicant shall file the application for exemption, together with a specified number of copies to be prescribed by the Board, with the Chair of the Board.

2203.4 The applicant shall certify that, to the best of his or her knowledge and belief, the contents of his or her application for exemption are true.

2203.5 Every applicant shall be afforded an opportunity to be heard by the Board.

2203.6 The Board may recommend to the Mayor that the exemption be granted to the applicant if no opposition has been registered with the Board within thirty (30) days of public notice regarding applicant’s intent to alter in any way the subject site.

History

SOURCE: Final Rulemaking published at 35 DCR 5101, 5103 (July 1, 1988).

1 DCMR § 2204 NOTICE OF HEARING

2204.1 Notice of hearing shall be published at least once in the D.C. Register.

2204.2 Notice of a hearing shall be mailed first class by the Board to the following:

(a) The applicant;

(b) The affected Advisory Neighborhood Commission; and

2204.3 Notice of hearing shall be provided at least thirty (30) days before the date of the hearing.

2204.4 Notice of a hearing shall include the following:

(a) A statement of the time and place of the hearing;

(b) A general summary of the application under consideration;

(d) A statement setting forth the requirements for participation in the hearing and the date by which those requirements must be filed.

History

SOURCE: Final Rulemaking published at 35 DCR 5101, 5103-04 (July 1, 1988).

1 DCMR § 2205 REQUIREMENTS FOR PARTICIPATION IN HEARING

2205.1 To participate in a proceeding before the Board, a person shall file with the D.C. Energy Office, at a time prior to the deadline set forth in the notice of public hearing, the following information:

(a) Name, address and telephone number;

(b) Whether he or she will appear as a proponent or opponent of the application; and

History

SOURCE: Final Rulemaking published at 35 DCR 5101, 5104 (July 1, 1988).

1 DCMR § 2206 HEARING PROCEDURE

2206.1 Hearings on applications for exemption shall be held at such times and places as the Presiding Officer shall designate.

2206.2 A quorum of the Board shall be present for the Board to hold a hearing.

2206.3 The Presiding Officer shall have authority to do the following:

(a) Give notice of public hearings and hold public hearings;

(b) Regulate the course of hearings;

(d) Assign exhibit numbers for all written, documentary and other tangible matters offered into evidence;

(e) Rule upon offers of proof and receive relevant evidence;

(f) Call, examine and cross-examine witnesses and introduce into the record documentary or other evidence;

(g) Request the applicant or other party, at any time during the hearing, to state his or her position about any issue in the proceeding;

(h) Take any other action authorized by this chapter or necessary under this chapter; and

(i) Grant a waiver to the applicant after the thirty (30) day notice to the public regarding nature of application to the Board.

History

SOURCE: Final Rulemaking published at 35 DCR 5101, 5105 (July 1, 1988).

1 DCMR § 2207 ORDER OF PROCEDURE

2207.1 The order of procedure for presenting evidence at the hearing shall be as follows:

(a) Introductory statement by the Presiding Officer;

(b) Applicant’s case;

(d) Testimony from parties in opposition to the application; and

(e) Rebuttal by applicant.

History

SOURCE: Final Rulemaking published at 35 DCR 5101, 5106 (July 1, 1988).

1 DCMR § 2208 EVIDENCE

2208.1 Each party shall have the right to appear at a hearing to offer evidence and cross-examine witnesses. The Presiding Officer may impose a reasonable limitation on the number of persons who cross-examine a witness.

2208.2 Witnesses shall be examined and cross-examined under oath or affirmation.

2208.3 Exhibits may be offered in evidence at the hearing. No materials shall be submitted for the record which exceed legal size.

2208.4 The Board may exclude incompetent, irrelevant, immaterial or unduly repetitious evidence.

2208.5 A complete record shall be made of all evidence presented during the course of a hearing. Any person desiring a written copy of the record, and who requests that copy within a reasonable time, shall be furnished with a copy.

History

SOURCE: Final Rulemaking published at 35 DCR 5101, 5106 (July 1, 1988).

1 DCMR § 2209 RECOMMENDATIONS

2209.1 The Board shall transmit its recommendation to the Mayor within sixty (60) days after the hearing or when no objection to the exemption has been filed, thirty (30) days after the deadline for comments published in the public notice.

2209.2 The Board shall arrive at its recommendation based upon a majority vote of the members.

2209.3 If the Board’s vote results in a tie, the Board shall transmit to the Mayor the votes of each member and the reasons for the vote of each member.

2209.4 A member not present at the hearing may participate in the vote upon becoming familiar with the record.

2209.5 The Board shall mail at the same time it transmits its recommendation to the Mayor, copies of its recommendation to the applicant and to all parties involved in the proceeding.

2209.6 The Board shall make public, on a regular basis, all recommendations.

History

SOURCE: Final Rulemaking published at 35 DCR 5101, 5107 (July 1, 1988).

1 DCMR § 2210 GENERAL PROVISION

2210.1 These regulations are in addition to the rules regulating the Office of Administrative Hearings (OAH.) Where there is a conflict, the OAH regulations will prevail.

History

SOURCE: Final Rulemaking published at 53 DCR 555 (January 27, 2006).

1 DCMR § 2211 NOTICE OF THE NOTICE OF INFRACTION

2211.1 A Notice of Infraction ("NOI") shall be in the form prescribed by the Mayor's appointee or the Gas Station Advisory Board ("GSAB") Chairman and will be issued for infractions.

2211.2 A NOI must include the following information

(a) The name and address of the respondent;

(b) A citation to the law or rule that the respondent allegedly violated;

(d) The nature, time and place of the infraction;

(e) Notification that:

(1) The respondent must request a hearing or pay the fine within fifteen days of the date the NOI was served on the respondent;

(2) A penalty equal to the amount of the fine may be imposed on the respondent if the respondent does not pay the fine within fifteen days;

(3) The respondent may request a hearing according to procedures described in the NOI;

(4) The respondent may pay by: (A) cash, which must be paid in person as directed in the NOI; or (B) certified check, postal or bank money order payable to the District of Columbia Treasurer, any of which may be submitted in person or by mail as directed in the NOI.

(5) If the respondent answers "Admit" or "Admit with Explanation," he or she must certify that each infraction on the NOI has been abated; and

(f) Any other information the Director may require.

2211.3 If the fine listed on the NOI is inconsistent with the fine listed in the statute, the respondent can be subject only to the lesser fine.

2211.4 Upon observing an infraction, the investigator may issue an NOI.

2211.5 A properly completed NOI signed by the issuing agent constitutes prima facie evidence of the statements contained in the Notice.

2211.6 Each incident of prohibited conduct constitutes a separate infraction subject to penalty.

History

SOURCE: Final Rulemaking published at 53 DCR 555 (January 27, 2006).

1 DCMR § 2212 SERVICE OF THE NOTICE OF INFRACTION

2212.1 The NOI must be served on the violator, the business owner, or the owner's agent by means of certified mail, personal service or conspicuous posting.

2212.2 An NOI served via U.S. mail must be sent to the respondent's last known home or business address.

2212.3 If service is made by certified mail, the petitioner must provide a copy of the return receipt of certified mail to the Office of Administrative Hearings within fifteen calendar days after a case is filed.

2212.4 If service is made by personal delivery, the petitioner may provide a certificate of service signed by the issuing agent.

2212.5 If service is made by posting, the petitioner must provide an affidavit of posting, stating when the NOI was posted and the duration of the posting.

History

SOURCE: Final Rulemaking published at 53 DCR 555, 556 (January 27, 2006).

1 DCMR § 2213 ANSWERING THE NOTICE OF INFRACTION

2213.1 A respondent answers an NOI by pleading Admit, Admit with Explanation, or Deny.

2213.2 An answer of Admit constitutes the respondent's acceptance of liability for the condition(s) cited in the NOI.

2213.3 An answer of Admit with Explanation must be accompanied by a written explanation and any other papers that might explain the circumstances surrounding the infraction.

2213.4 An answer of Deny indicates that the respondent accepts no liability for the condition(s) cited in the Notice of Infraction.

History

SOURCE: Final Rulemaking published at 53 DCR 555, 557(January 27, 2006).

1 DCMR § 2214 HEARINGS

2214.1 Petitioner and respondent may represent themselves and be represented by counsel.

2214.2 Hearings may not be conducted by mail.

History

SOURCE: Final Rulemaking published at 53 DCR 555, 557(January 27, 2006).

1 DCMR § 2215 PAYMENT OF CIVIL SANCTIONS

2215.1 An administrative law judge may impose monetary fines and penalties.

2215.2 All checks must be certified and made payable to "D.C. Treasurer."

2215.3 Payment of the fine does not relieve the respondent of the obligation to abate the infraction cited in the NOI.

History

SOURCE: Final Rulemaking published at 53 DCR 555, 557 (January 27, 2006).

1 DCMR § 2299 DEFINITIONS

2299.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Board - the Gas Station Advisory Board of the District of Columbia, established in the Retail Service Station Act.

Exemption - a release from the prohibitions on conversions contained in § 5-301(b) and (c) of the Retail Service Station Act of 1976, D.C. Code § 10-231 (1995 Repl. And 1999 Supp.).

Mayor - the Mayor of the District of Columbia or his or her designee.

Party - the applicant and any person who has met the requirements for participating in a hearing.

1-24 DISTRICT OF COLUMBIA POVERTY LAWYER LOAN ASSISTANCE REPAYMENT PROGRAM

1 DCMR § 2401 SCOPE

2401.1 The purpose of this chapter is to establish requirements and procedures for the District of Columbia Poverty Lawyer Loan Assistance Repayment Program (Program).

2401.2 The Program provides educational loan repayment assistance to eligible lawyers who maintain eligible employment in areas of legal practice that serve low income and underserved District residents. Loans shall be made to Program participants for the purpose of repaying eligible debt from reasonable educational expenses associated with obtaining a law degree. These loans shall be forgiven when participants satisfy required service obligations.

2401.3 The Attorney General shall be responsible for implementing the Program in accordance with this chapter and the District of Columbia Poverty Lawyer Loan Assistance Repayment Program Emergency Act of 2006, effective October 25, 2006, D.C. Act 16-512, 53 DCR 9086 (Act), and any substantially identical successor legislation.

2401.4 Loan repayment assistance provided pursuant to the Program is subject to the availability of funds specifically appropriated for this purpose. Nothing in this chapter shall be construed as creating an entitlement to this assistance or to acceptance as a Program participant.

History

SOURCE: Final Rulemaking published at 54 DCR 1025 (February 2, 2007).

1 DCMR § 2402 ADMINISTRATION

2402.1 The District of Columbia Bar Foundation is appointed as the Administrator for the Program.

2402.2 In implementing the Program, the Administrator shall:

(a) Publicize and provide information about the nature and requirements of the Program to potentially eligible lawyers and law students;

(b) Develop a list of eligible employment;

(d) Develop and distribute application forms and informational materials;

(e) Receive and evaluate completed applications;

(f) Determine the eligibility of applicants, their debt, and their employment;

(g) Select participants for the award of benefits;

(h) Determine the level of loan repayment assistance to be awarded;

(i) Award loans in accordance with the criteria stated in this chapter and the Act;

(j) Secure the execution of promissory notes by participants;

(k) Receive and administer funds appropriated for the payment of loan repayment assistance;

(l) Disburse semi-annual loan payments to selected participants;

(m) Verify semi-annually continuing participant eligibility and compliance with service obligations;

(n) Forgive loans made to participants upon the participant’s satisfactory completion of the service obligation;

(o) Develop a schedule for the repayment of loans that are not forgiven and collect the repayment amounts;

(p) Participate in annual financial and management audits of the Program; and

(q) Provide financial and statistical reports concerning the Program as required by the Attorney General.

2402.3 The Attorney General shall conduct an annual financial and management audit of the Program.

History

SOURCE: Final Rulemaking published at 54 DCR 1025 (February 2, 2007).

1 DCMR § 2403 SCOPE, TERMS, AND CONDITIONS OF ASSISTANCE

2403.1 Loan repayment assistance under the Program shall consist of a loan made by the Administrator to a participant for a period of one (1) year. Subject to the availability of funding, the Administrator may renew the loan annually in one (1) year increments.

2403.2 Each loan shall have an associated service obligation as specified in § 2406. A participant shall maintain eligible employment, as defined in § 2405, of at least thirty-five (35) hours per week for forty-five (45) weeks per year for each year of service obligation.

2403.3 A participant shall comply with the eligibility requirements stated in § 2404 throughout his or her participation in the program.

2403.4 The Administrator shall forgive the loan if the participant completes the service obligation and maintains his or her eligibility for the Program pursuant to § 2403.2 and § 2403.3.

2403.5 Subject to the availability of funding and subject to the limitations stated in this chapter, the Administrator shall make loans to participants that are sufficient to repay all of the participant’s eligible debt.

2403.6 If a participant has consolidated eligible debt with undergraduate or graduate school loans from government, commercial, or educational institutions, the Administrator and the participant may treat the full amount of consolidated loan payments first coming due as eligible debt, up to the total amount of eligible debt owed, for the purposes of awarding and receiving loan repayment assistance under the Program.

2403.7 The Administrator shall not award a loan to a participant in excess of twelve thousand dollars ($12,000) per year or six thousand dollars ($6,000) semi-annually.

2403.8 The maximum amount of loan repayment assistance a participant may receive under the Program is sixty thousand dollars ($60,000).

2403.9 If a participant fails to maintain eligible employment or fails to comply with Program eligibility requirements as specified § 2403.2 and § 2403.3, the participant shall repay any loan or loan renewal that has not been previously forgiven based on the participant’s prior completion of the associated service obligation.

2403.10 A participant shall execute a promissory note that sets forth the amount of the loan, the service obligation, and the participant’s obligation to repay the loan and any renewal increments not subsequently forgiven due to the participant’s failure to maintain eligible employment or comply with Program eligibility requirements.

History

SOURCE: Final Rulemaking published at 54 DCR 1025 (February 2, 2007).

1 DCMR § 2404 APPLICANT ELIGIBILITY

2404.1 To be eligible to participate in the Program, an applicant shall, at the time of application and throughout participation in the Program:

(a) Hold, or presently plan to secure, eligible employment; provided that a participant must hold eligible employment:

(1) Before any payment may be disbursed; and

(2) Continuously throughout the service obligation after disbursement of the first payment;

(b) Be a resident of the District of Columbia;

(d) Have an adjusted gross annual income of less than sixty-five thousand dollars ($65,000);

(e) Have exhausted all other available avenues for loan repayment assistance, including participation in any available law school debt repayment program;

(f) Have no current service obligation from a scholarship;

(g) Be in a satisfactory repayment status on all eligible debt; and

(h) Execute a release to allow the Administrator access to records, credit information, and information from lenders necessary to verify eligibility of debt and determine loan repayments.

2404.2 A law student attending the David A. Clarke School of Law (or a successor entity) at the University of the District of Columbia who is in his or her final year of study may apply and be approved for loan repayment assistance if the applicant demonstrates that he or she will meet all the requirements of this section before the first payment is disbursed.

2404.3 An applicant who submits an application based on his or her present plan to secure eligible employment may be approved for loan repayment assistance if the applicant demonstrates that he or she will hold eligible employment within ninety (90) days after the application is approved and the loan is awarded.

History

SOURCE: Final Rulemaking published at 54 DCR 1025 (February 2, 2007).

1 DCMR § 2405 ELIGIBLE EMPLOYMENT

2405.1 Eligible employment shall consist of employment as an attorney with a non-profit organization that provides direct civil legal services to low-income or underserved District of Columbia residents. Qualifying organizations shall consist of those organizations that receive funding from the District of Columbia Bar Foundation to provide direct legal services to the poor or underserved, or that are approved by the Administrator as providing eligible employment for the purposes of the Program.

2405.2 Eligible employment shall not include employment with the federal government or the District of Columbia government, or employment as the Administrator of the Program.

2405.3 Qualifying organizations certified by the Attorney General as providing eligible employment are listed in Attachment 1.

History

SOURCE: Final Rulemaking published at 54 DCR 1025 (February 2, 2007).

1 DCMR § 2406 SERVICE OBLIGATIONS

2406.1 Each participant receiving an initial one (1) year loan under the Program shall, as a service obligation, complete one (1) year of eligible employment. Each subsequent one (1) year renewal of the loan shall require the completion of an additional one (1) year of eligible employment.

2406.2 The initial loan and each renewal shall be forgiven upon the participant’s completion of the specific service obligation associated with the initial loan or the applicable renewal.

History

SOURCE: Final Rulemaking published at 54 DCR 1025 (February 2, 2007).

1 DCMR § 2407 APPLICATION PROCESS

2407.1 Each applicant shall submit a completed application package, provided by the Administrator, which includes the following:

(a) An Application for Assistance Form that contains information about:

(1) The applicant;

(2) The applicant’s bar admission status;

(3) The applicant’s residency; and

(4) Other available loan forgiveness programs and applicable scholarship service obligations;

(b) Loan Information Forms that contain specific information about the applicant’s educational debt;

(c) Lender Certification Forms, completed by the applicant and the lender, that verify the details of the applicant’s educational debt;

(d) An Employer Certification Form, completed by the applicant and his or her employer, that establishes the applicant’s salary and that demonstrates the eligibility of the employment under § 2405;

(e) Proof, such as copies of filed federal or District income tax returns, provided by the applicant, of the applicant’s adjusted gross annual income; and

(f) Any other relevant information required by the Administrator.

2407.2 An applicant shall be ineligible for loan repayment assistance if the application is incomplete, if it is determined that the applicant made false statements in the application packet, or if any of the eligibility requirements set forth in § 2404 are not met.

2407.3 The Administrator shall complete its review of the application, determine the applicant’s eligibility, and notify the applicant in writing of its decision within forty-five (45) days after the application deadline.

2407.4 If additional funds are available, the Administrator may accept mid-year applications. The Administrator shall complete its review of the application, determine the applicant’s eligibility, and notify the applicant in writing of its decision within forty-five (45) days after its acceptance of a mid-year application.

History

SOURCE: Final Rulemaking published at 54 DCR 1025 (February 2, 2007).

1 DCMR § 2408 FUNDING CRITERIA

2408.1 If the needs of all Program participants exceed the funding available for the Program in any fiscal year, the Administrator shall apportion the available funds among participants giving preference to:

(a) Graduates of an accredited public law school in the District of Columbia;

(b) Participants who have committed to a longer service obligation;

(d) Participants who have a high debt to adjusted gross annual income ratio as compared to other participants.

2408.2 In addition to the preferences stated in § 2408.1, the Administrator may consider all relevant facts and circumstances in awarding loans and setting the level of benefits when funding is insufficient to fully repay each participant’s eligible debt, up to the maximum amount provided in § 2403.8. These circumstances shall include the financial needs and resources of each participant and the availability of other sources of loan repayment assistance.

History

SOURCE: Final Rulemaking published at 54 DCR 1025 (February 2, 2007).

1 DCMR § 2409 AWARD AND DISBURSEMENT OF ASSISTANCE

2409.1 The Administrator shall award loans to participants to the extent funds are available in accordance with the criteria in section 2408.

2409.2 The Administrator shall disburse the first payment for each loan within ninety(90) days after the application is approved and the loan is awarded.

2409.3 The Administrator shall disburse loan payments to participants in semi-annual installments to the extent funds are available, in accordance with the criteria in section 2408, until repayment of the eligible debt is complete, the maximum amount of loan repayment assistance stated in § 2403.8 is reached, or the participant no longer meets the eligibility requirements stated in § 2404, whichever occurs first.

History

SOURCE: Final Rulemaking published at 54 DCR 1025 (February 2, 2007).

1 DCMR § 2410 PARTICIPANT RESPONSIBILITIES AND REVIEW OF ELIGIBILITY

2410.1 Upon receipt of notification of a loan award, the participant shall promptly execute a promissory note, as required under § 2403.10, within the deadline established by the Administrator. Failure to timely execute the note may result in forfeiture of the loan.

2410.2 The participant shall apply all loan assistance proceeds to the repayment of the participant’s eligible debt. It shall be the responsibility of the participant to negotiate the terms and conditions of debt repayment with the lending institution, and any penalties associated with early debt repayment shall be the responsibility of the participant.

2410.3 The participant shall promptly notify the Administrator of any change in status that might affect the participant’s eligibility for the Program under § 2404.

2410.4 The participant shall semi-annually provide the Administrator with documentation sufficient to establish the participant’s continuing eligibility for the Program.

History

SOURCE: Final Rulemaking published at 54 DCR 1025 (February 2, 2007).

1 DCMR § 2499 DEFINITIONS

2499.1 The following terms and phrases shall have the meanings ascribed:

Act - the District of Columbia Poverty Lawyer Loan Assistance Repayment Program Emergency Act of 2006, effective October 25, 2006, D.C. Act 16-512, 53 DCR 9086, and any substantially identical successor legislation.

Adjusted gross annual income - has the same meaning as provided in D.C. Official Code § 47-1803.02(b).

Administrator - the person or entity appointed to administer the Program.

Applicant - an individual who applies for loan repayment assistance from the Program.

Attorney General - the Attorney General for the District of Columbia.

Eligible debt - outstanding principal, interest, and related expenses from loans obtained for reasonable educational expenses associated with attendance at and enrollment in law school for the purpose of obtaining a law degree, made by government and commercial lending institutions or educational institutions, but not loans extended by a private individual or group of individuals, including families.

Eligible employment - employment that meets the requirements of § 2405 and section 2(6) of the Act.

Lawyer - a graduate of an accredited law school who is licensed to practice law in the District of Columbia, authorized under the provisions of Rule 49(c) (9) of the District of Columbia Court of Appeals to practice law in the District of Columbia, or a member in good standing of the highest court of any state and has submitted an application for admission to the District of Columbia Bar.

Participant - an eligible lawyer whose application to the Program has been approved.

Program - the District of Columbia Poverty Lawyer Loan Assistance Repayment Program.

Reasonable educational expenses - the cost of tuition for law school as well as the costs of education considered to be required by the school’s degree program, such as fees for room, board, transportation and commuting costs, books, supplies, and educational equipment and materials that are part of the estimated student budget of the school in which the participant was enrolled.

Service obligation - the duration of eligible employment necessary to sustain participation in the Program.

ATTACHMENT 1

CHAPTER 24

DISTRICT OF COLUMBIA POVERTY LAWYER LOAN ASSISTANCE REPAYMENT PROGRAM

QUALIFYING ORGANIZATIONS PROVIDING ELIGIBLE EMPLOYMENT

Advocates for Justice and Education

Archdiocesan Legal Network

Asian Pacific American Legal Resource Center

Ayuda

Bread for the City Legal Clinic

Break the Cycle - Washington, DC Office

Capital Area Immigrants’ Rights Coalition

Central American Resource Center

Children’s Law Center

Columbus Community Legal Services

D.C. Bar Pro Bono Program

D.C. Coalition Against Domestic Violence - SAFE Project

D.C. Employment Justice Center

D.C. Law Students in Court Program

DV LEAP

Human Rights First

Lawyers for Children America - Washington, D.C. Program

Legal Aid Society of D.C.

Legal Counsel for the Elderly

Mid-Atlantic Innocence Project

Neighborhood Legal Services Program

Our Place, D.C.

US Committee for Refugee & Immigrant Children - DC

University of the District of Columbia School of Law - Community Development/Small Business Clinic

University Legal Services

Washington Lawyers’ Committee for Civil Rights & Urban Affairs

Disability Rights Project

EEO Intake Project

Immigrant & Refugee Rights Project

DC Prisoners Rights Project

Washington Legal Clinic for the Homeless

Whitman-Walker Clinic Legal Services Program

Women Empowered Against Violence

History

SOURCE: Final Rulemaking published at 54 DCR 1025 (February 2, 2007); as amended by Final Rulemaking published at 57 DCR 2228 (March 19, 2010).

1-27 GRANTS AND LOANS FROM ESCHEATED ESTATES FUND

1 DCMR § 2700 PURPOSE

2700.1 The purpose of this chapter is to establish standards and guidelines for the submission of applications for grants and loans to the Escheated Estates Fund Application Screening Committee and for the making of grants and loans from the Escheated Estates Fund.

History

AUTHORITY: Unless otherwise noted, the authority for this chapter is an Act to enact Part III of the District of Columbia Code, entitled “Decedents’ Estates and Fiduciary Relations,” codifying the general and permanent laws relating to decedents’ estates and fiduciary relations in the District of Columbia, Pub. L. No. 89-183, 79 Stat. 685, 752 (1965), codified at D.C. Code § 19-701 (1997 Repl.). HISTORICAL REFERENCE: Mayor’s Order 86-128, dated July 26, 1999, “Establishment of the Escheated Estates Fund Application Screening Committee,” as amended by Mayor’s Order 99-118, dated July 26, 1999.
SOURCE: Final Rulemaking published at 37 DCR 7114 (November 9, 1990).

1 DCMR § 2701 REQUIREMENTS FOR ELIGIBILITY

2701.1 Grants and loans from the Escheated Estates Fund shall be made only for projects that will benefit low-income residents of the District of Columbia

2701.2 For the purposes of § 2701.1, the term “low-income” means household income that does not exceed the federally defined poverty level, as such may be determined by the U.S. Department of Labor.

2701.3 Grants and loans from the Escheated Estates Fund may be made only to the following entities:

(a) District-based, nonprofit organizations, whose articles of incorporation, financial statement, and, where applicable, Internal Revenue Code § 501(c)(3) letter of exemption are enclosed with the application; or

(b) Public agencies that are requesting funds for pilot programs or model projects that will serve to enhance the quality of life of low income residents of the District of Columbia.

2701.4 Advisory Neighborhood Commissions shall not be eligible to apply for grants or loans.

2701.5 No grants or loans shall be made to individuals.

History

SOURCE: Final Rulemaking published at 37 DCR 7114-15 (November 9, 1990); as amended by Final Rulemaking published at 43 DCR 861 (February 23, 1996).

1 DCMR § 2702 PRIORITIES

2702.1 Priority shall be given to the following:

(a) Projects that will serve low-income, minority District residents in low-income neighborhoods;

(b) Projects that will improve the health or housing opportunities of low-income District residents;

(c) Projects that will be of particular benefit to children, the elderly, or the physically or mentally handicapped, who are low-income District residents; and

(d) Projects that do not duplicate existing public and private services.

History

SOURCE: Final Rulemaking published at 37 DCR 7114, 7115 (November 9, 1990).

1 DCMR § 2703 FUNDING AMOUNTS AND LIMITATIONS

2703.1 A grant or loan shall not exceed ten thousand dollars ($10,000) from any single project.

2703.2 The maximum total amount a nonprofit organization or public agency may be granted or loaned during any three (3) year period is ten thousand dollars ($10,000), except that a nonprofit District-based organization that requests funds on an emergency basis for a project to provide food, clothing, shelter or utilities to low-income District residents, or for other projects that address an urgent public need of low-income District residents, may receive one additional grant or loan during the three (3) year period not to exceed ten thousand dollars ($10,000) upon a unanimous recommendation by the Escheated Estates Fund Application Screening Committee and approval by the Mayor. In no event shall the aggregate amount of any grant or loan hereunder exceed twenty thousand dollars ($20,000) to any one nonprofit organization during any three (3) year period.

2703.3 Applications for grants or loans to pay for staff or operating expenses of a recurring nature shall not be considered without the following:

(a) Specific and satisfactory evidence of the applicant’s ability to pay for staff or operating costs associated with an eligible project with funds from other sources; and

(b) A notarized certification that the relevant staff services and/or operating expenses will be used exclusively to provide a direct benefit to low-income District residents.

History

SOURCE: Final Rulemaking published at 37 DCR 7114, 7115 (November 9, 1990); as amended by Final Rulemaking published at 43 DCR 861 (February 23, 1996).

1 DCMR § 2704 APPLICATIONS

2704.1 An organization or public agency applying for a grant shall include in its application the following:

(a) A total itemized list of expenditures for the project;

(b) A specific itemization of the expenditures to be funded by the grant;

(d) Other sources of funds sought for the project;

(e) A statement describing how support for the project will be assured if the project is to continue beyond a one (1) year period;

(f) A project narrative, including purposes, objectives, target population, and number of persons to be served;

(g) A statement about how the applicant will determine participant eligibility for the proposed project; and

(h) A notarized certification that the grant will be used exclusively to provide a direct benefit to low-income District residents.

2704.2 An applicant for a loan shall meet the requirements of § 2704.1, and shall provide information concerning the source of funds for repayment of the loan and a repayment schedule.

2704.3 A written application for a grant or loan from the Escheated Estates Fund shall be submitted to the Escheated Estates Fund Application Screening Committee, Chairperson, Office of the Secretary, 441 Fourth Street, NW., Suite 1130, Washington, D.C. 20001.

History

SOURCE: Final Rulemaking published at 37 DCR 7114, 7116 (November 9, 1990); as amended by Final rulemaking published at 43 DCR 861 (February 23, 1996).

1-28 OFFICE OF ADMINISTRATIVE HEARINGS: RULES OF PRACTICE AND PROCEDURE

1 DCMR § 2800 SCOPE OF CHAPTER

2800.1 This Chapter contains general rules of procedure for the Office of Administrative Hearings (OAH). Chapter 29 of these Rules contains rules for cases referred to OAH by the District of Columbia Public Schools (DCPS) and the District of Columbia Office of the State Superintendent of Education (OSSE); cases involving the Department of For-Hire Vehicles (DFHV) Establishment Act; rental housing; public sector workers’ compensation cases; public benefits cases; and unemployment insurance cases.

2800.2 These Rules do not extend or limit the jurisdiction of OAH.

2800.3 These Rules shall be used to secure the fair, speedy, and inexpensive determination of every case.

2800.4 No Administrative Law Judge shall maintain standing, chamber, or other individual rules. However, an Administrative Law Judge may issue procedural orders in individual cases.

2800.5 These Rules (Chapters 28 and 29) may be cited as “OAH Rule ,” without reference to the District of Columbia Municipal Regulations (DCMR).

2800.6 These Rules control all procedures at OAH. No procedural rules adopted by any other District of Columbia government agency apply in cases at OAH.

2800.7 These Rules apply to all filings in new or pending cases on or after December 1, 2024.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 57 DCR 12541, 12542 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2800

1 DCMR § 2801 APPLICABILITY OF DISTRICT OF COLUMBIA SUPERIOR COURT RULES OF CIVIL PROCEDURE

2801.1 Where these Rules do not address a procedural issue, an Administrative Law Judge may refer to the District of Columbia Superior Court Rules of Civil Procedure as guidance to decide the issue.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2801

1 DCMR § 2802 BEGINNING A CASE AT OAH

2802.1 The District of Columbia (District) may begin a case at OAH by filing a complete and legible copy of a Notice of Infraction or Notice of Violation as described in §§ 2803, 2804, and 2811.

2802.2 Any party also may begin a case at OAH by filing a request for a hearing as described in § 2805.

2802.3 Chapter 29 contains Rules for how to begin cases referred to OAH by DCPS and OSSE; cases involving DFHV; rental housing cases; public sector workers’ compensation cases; public benefits cases; and unemployment insurance cases.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8606(September 3, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 5952 (June 24, 2005)[EXPIRED]; as amended by Final Rulemaking published at 52 DCR 8396 (September 9, 2005); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024); as amended by Final Rulemaking published at 72 DCR 008051 (July 18, 2025). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2802

1 DCMR § 2803 BEGINNING A CIVIL FINE CASE – NOTICE OF INFRACTION

2803.1 Section 2803 establishes procedures for cases in which the District seeks payment of a civil fine in accordance with the Civil Infractions Act (D.C. Official Code §§ 2-1802.01 –.05). In the event a civil infraction case is within OAH jurisdiction but has not had rules for procedure established by other law or regulation, Section 2803 shall also apply.

2803.2 The District shall file a Notice of Infraction, as authorized by law, at OAH when it is seeking a civil fine under § 2803. Notices of Infraction shall be individually submitted to OAH for filing in accordance with § 2811. The District shall also comply with §§ 2803.5 through 2803.7 when filing a Notice of Infraction under the Civil Infractions Act.

2803.3 The District shall only serve a copy of the Notice of Infraction on the Respondent as authorized by the Civil Infractions Act, or other applicable law.

2803.4 If a Respondent files an answer before the District files a Notice of Infraction, OAH shall open a case. The Administrative Law Judge may require the District to file the original Notice of Infraction.

2803.5 (a) If the District serves a Notice of Infraction to the Respondent by first-class mail, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it mailed the Notice of Infraction. When it files the Notice of Infraction, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, verifying that the United States Postal Service (USPS) did not return the Notice of Infraction to the District.

If the USPS returns a Notice of Infraction to the District after it has filed the affidavit required by this Subsection, the District shall notify OAH by filing a new affidavit, on a form approved by the Chief Administrative Law Judge.

If the USPS returns the Notice of Infraction to the District, the District may file proof of any alternative service of the Notice of Infraction.

(b) If the District serves a Notice of Infraction on the Respondent by electronic service, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it emailed the Notice of Infraction. When it files the Notice of Infraction, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, attesting why service at the recipient email address is reasonably calculated to give actual notice to the Respondent. An affidavit, with supporting documentation, stating that the Respondent or Respondent’s agent provided the District with their recipient email address; that the recipient email address was used for successful communication with Respondent within the past six (6) months; or that the email address was established for the registered agent of the Respondent in the District’s corporate registration records, will create a presumption that electronic service to that address was valid.

(c) If the District serves a Notice of Infraction on the Respondent by personal service, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it served the Notice of Infraction. If the District serves a Notice of Infraction to the Respondent by personal service (hand-delivery), or by delivery to the Respondent’s or other person’s last known home or business address, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, providing specific facts from which the presiding ALJ can determine that the person served was either the Respondent (in the case of personal service) or a person of suitable age and discretion residing with or employed by the Respondent (in the case of delivery to their home or business).

(d) If the District serves a Notice of Infraction on the Respondent by conspicuous posting, it shall not file the Notice of Infraction until at least fifteen (15) calendar days after the date that it posted the Notice of Infraction. If the District serves a Notice of Infraction by posting the notice in accordance with D.C. Official Code § 2-1802.05(b), the District shall also file an affidavit, on a form approved by the Chief Administrative Law Judge, affirming that the identity or location of the property owner is unknown.

2803.6 When the District files a Notice of Infraction, it shall file a copy of all exhibits it expects to offer at any hearing in the case and shall provide a copy of each exhibit to the Respondent. An Administrative Law Judge may allow the District to use exhibits that it did not file or provide in accordance with this Subsection if there is no prejudice to the Respondent.

2803.7 OAH may refuse to accept for filing or later dismiss any Notice of Infraction that does not comply with the applicable law or these Rules.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 58 DCR 10327 (December 9, 2011); as amended by Final Rulemaking published at 61 DCR 11854 (November 14, 2014); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024); as amended by Final Rulemaking published at 72 DCR 008051 (July 18, 2025). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2803

1 DCMR § 2804 BEGINNING A CIVIL FINE CASE – NOTICE OF VIOLATION

2804.1 Section 2804 establishes procedures for cases in which the District seeks payment of a civil fine in accordance with the Litter Control Administration Act (D.C. Official Code §§ 8-801 – 812). Section 2804 shall also apply to cases seeking payment of a civil fine in accordance with the Fare Evasion Decriminalization Amendment Act of 2018 (D.C. Official Code § 35-254(a)(2)(A)) or the Marijuana Possession Decriminalization Amendment Act of 2014 (D.C. Official Code § 48–1211, et. seq.).

2804.2 The District shall file a Notice of Violation, as authorized by law, at OAH, when it is seeking a civil fine. Notices of Violation shall be individually submitted to OAH for filing in accordance with § 2811. The District shall also comply with §§2804.5 through 2804.7 when filing a Notice of Violation under the Litter Control Administration Act.

2804.3 The District shall only serve a copy of the Notice of Violation on the Respondent as authorized by the Litter Control Administration Act, or other applicable law.

2804.4 If a Respondent files an answer before the District files a Notice of Violation, OAH shall open a case. The Administrative Law Judge may require the District to file the original Notice of Violation.

2804.5 (a) If the District serves a Notice of Violation on the Respondent by certified mail, it shall not file the Notice of Violation until at least fifteen (15) calendar days after the date that it mailed the Notice of Violation. If the District serves a Notice of Violation to a Respondent by certified mail, the District shall file a copy of a USPS electronic return receipt or other proof that the USPS delivered the Notice of Violation to the Respondent’s address consistent with the requirements of the Litter Control Administration Act.

If the District serves a Notice of Violation on the Respondent by first-class mail, it shall not file the Notice of Violation until at least fifteen (15) calendar days after the date that it mailed the Notice of Violation. If the District serves a Notice of Violation to a Respondent by first-class mail, the District shall file proof that the USPS delivered the Notice of Violation to the Respondent’s address consistent with the requirements of the Litter Control Administration Act, which may include filing an affidavit, on a form approved by the Chief Administrative Law Judge, verifying that the United States Postal Service (USPS) did not return the Notice of Violation to the District.

If the District serves a Notice of Violation on the Respondent by personal service, it shall not file the Notice of Violation until at least fifteen (15) calendar days after the date that it served the Notice of Violation. If the District serves a Notice of Violation by personal service (hand-delivery) to the owner, the owner’s authorized agent, the building superintendent, the operator of equipment, or any other responsible individual at the premises, the District also shall file an affidavit, on a form approved by the Chief Administrative Law Judge, providing specific facts from which the presiding ALJ can determine the identity of the person served.

If the District serves a Notice of Violation on the Respondent by conspicuous posting mail, it shall not file the Notice of Violation until at least fifteen (15) calendar days after the date that it posted the Notice of Violation. If the District serves a Notice of Violation by posting the notice in a conspicuous place on the premises in violation, the District also shall file an affidavit or other evidence providing specific facts regarding the time and location of posting.

2804.6 When it files a Notice of Violation, the District shall file a copy of all exhibits it expects to offer at any hearing in the case and shall provide a copy of each exhibit to the Respondent. An Administrative Law Judge may allow the District to use exhibits that it did not file or provide in accordance with this Subsection if there is no prejudice to the Respondent.

2804.7 OAH may refuse to accept for filing or later dismiss any Notice of Violation that does not comply with the applicable law or these Rules.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8606 (September 3, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 3838 (April 15, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 61 DCR 11854 (November 14, 2014); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024); as amended by Final Rulemaking published at 72 DCR 008051 (July 18, 2025). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2804

1 DCMR § 2805 BEGINNING A CASE BY REQUESTING A HEARING

2805.1 Unless a statute or these Rules describe a different way to begin a case, a party seeking a hearing at OAH shall file a request for hearing in writing.

2805.2 The hearing request shall not have to follow any specific format. The Clerk’s Office shall make blank forms to request a hearing available. A hearing request shall contain the following information:

(a) A short description of the dispute;

(b) A description of what the party wants the judge to do;

(d) A copy of any ruling or decision that is being disputed or appealed;

(e) The party’s full name, mailing address, email address, and telephone number; and

(f) If known, the full name, mailing address, email address, and telephone number of every other party involved in the dispute.

2805.3 Parties shall pay close attention to any deadlines for filing hearing requests. The deadlines are set by statute, regulations, or agency rules other than these Rules, and not by OAH.

2805.4 Any hearing request to appeal a Child Support Services Division (CSSD) enforcement action shall include a copy of an Order of Condemnation, if any, or a copy of a CSSD notice describing the enforcement action.

2805.5 Any hearing request to appeal a proposed tax assessment, other than a proposed real property tax assessment, shall be filed with OAH and a copy served on the District of Columbia Office of Tax and Revenue. The hearing request shall state the type of tax (for example, personal, business, or franchise), tax year(s), and amount of tax appealed. The hearing request shall include a copy of the proposed tax assessment.

2805.6 Any hearing request to appeal a decision concerning a Certificate of Need shall be filed with OAH and a copy sent to the Director of the State Health Planning and Development Agency (SHPDA) in the Department of Health. SHPDA shall transfer the agency record of the proceedings to OAH within thirty (30) calendar days of service of the request for hearing.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Emergency and Proposed Rulemaking published at 51 DCR 9322 (October 1, 2004) [EXPIRED]; as amended by Emergency and Proposed Rulemaking published at 52 DCR 3838 (April 15, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 720 (January 28, 2005); as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by Final Rulemaking published at 57 DCR 12541, 12545 (December 31, 2010); as amended by Final Rulemaking published at 61 DCR 11854 (November 14, 2014); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2805

1 DCMR § 2806 IDENTIFICATION OF PARTIES

2806.1 Any paper filed at OAH shall contain the name, mailing address, telephone number, and email address, if any, of the filer. After a case is assigned a case number, any paper filed in that case shall contain the case number.

2806.2 Any paper filed at OAH by an attorney or other representative shall identify the represented party and shall contain the District of Columbia Bar number, if any, of the attorney.

2806.3 A party, attorney, or representative shall notify the Clerk and all other parties in writing of any change in mailing address, telephone number, or email address previously provided to OAH within three (3) calendar days of the change.

2806.4 The most recent contact information provided by a party, attorney, or other representative under this Section shall be considered correct. A party or representative who does not keep a mailing and/or an email address current may fail to receive orders and may lose a case as a result.

2806.5 The Clerk may reject, or an Administrative Law Judge may strike, any paper that does not comply with this Section.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 57 DCR 12541, 12546 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2806

1 DCMR § 2807 SUBSTITUTION, ADDITION, AND INTERVENTION OF PARTIES

2807.1 Except when a District agency is redesignated or ceases to exist, after proper notice and an opportunity to be heard, an Administrative Law Judge may substitute a person or entity for a named party or may add parties to a case.

2807.2 Anyone who has an interest in the subject matter of a pending case and contends that the representation of his or her interest is inadequate may file a motion to intervene. After proper notice and an opportunity to be heard, an Administrative Law Judge may allow an interested person or entity to intervene.

2807.3 If an Administrative Law Judge grants a motion for leave to intervene, the intervenor may participate to the extent allowed by the Administrative Law Judge.

2807.4 No person or entity may intervene as a co-Petitioner with the District in any enforcement action where the District seeks a fine unless a statute allows it.

2807.5 A person or entity to which the District has properly delegated a governmental function may request to intervene, but may not be substituted for the District.

2807.6 In the case where a District agency is redesignated or ceases to exist, the Clerk shall substitute the successor agency for the predecessor agency, consistent with the relevant statutory authority.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2807

1 DCMR § 2808 REPRESENTATION BY ATTORNEYS AND LAW STUDENTS

2808.1 An attorney may represent any party before OAH. Unless otherwise provided by statute or these Rules, only attorneys who are active members in good standing of the District of Columbia Bar, or who are authorized to practice law in the District of Columbia pursuant to Rule 49(c) of the District of Columbia Court of Appeals, may appear before OAH as a representative of a party.

2808.2 An attorney who is not a member of the District of Columbia Bar, and who is not authorized to practice law in the District of Columbia pursuant to Rule 49(c) of the District of Columbia Court of Appeals, may appear before OAH either under § 2810 or after the filing and granting of a motion to appear pro hac vice, in which the attorney shall declare under penalty of perjury that:

(a) I have not applied for admission pro hac vice in more than five (5) cases in OAH or in the courts of the District of Columbia during this calendar year. I have applied for admission pro hac vice in OAH and in the courts of the District of Columbia ______ (list number) times previously in this calendar year;

(b) I am a member in good standing of the bar of the highest court(s) of the State(s) of (list all states);

(c) There are no disciplinary complaints pending against me for violation of the rules of the courts of those states (or describe all pending complaints);

(d) I am not currently suspended or disbarred for disciplinary reasons from practice in any court;

(e) I do not practice or hold myself out to practice law in the District of Columbia;

(f) I am familiar with OAH’s Rules found at 1 DCMR 28 and 29;

(g) I am applying for admission pro hac vice for the following reason(s): ______ (list all reasons);

(h) I acknowledge the jurisdiction of OAH and the courts of the District of Columbia over my professional conduct, and agree to be bound by the District of Columbia Court of Appeals Rules of Professional Conduct, in this matter, if I am admitted pro hac vice; and

(i) I have informed my client that I am not a member of the District of Columbia Bar, and my client has consented to my representation in this case.

2808.3 For good cause shown, the presiding Administrative Law Judge may revoke the pro hac vice admission of any attorney.

2808.4 Current law students who have successfully completed forty-two (42) credit hours of law school may appear before OAH. An Administrative Law Judge may terminate a law student’s representation under this Subsection at any time, for any reason, without notice or hearing. A law student practicing under this Subsection shall:

(a) Be enrolled in a law school approved by the American Bar Association;

(b) Have the consent and oversight of a supervising attorney assigned to the law student;

(d) Have the written permission of the client, which shall be filed in the record;

(e) Not file any paper unless the law student and supervising attorney sign it;

(f) Not appear at any proceeding without the supervising attorney;

(g) Neither ask for nor receive a fee of any kind for any services provided under this rule, except for the payment of any regular salary made to the law student;

(h) Comply with any limitations ordered by the presiding Administrative Law Judge; and

(i) Not have been denied admission to practice before the District of Columbia Court of Appeals pursuant to its Rule 48.

2808.5 An attorney supervising a law student who appears pursuant to § 2808.4 shall:

(a) Be an active member in good standing of the District of Columbia Bar;

(b) Assume full responsibility for supervising the law student;

(d) Assist the law student in preparation of the case, to the extent necessary in the supervising lawyer’s professional judgment to ensure that the law student’s participation is effective on behalf of the person represented;

(e) Appear at all proceedings with the law student; and

(f) Review and sign any paper filed by the law student.

2808.6 The District of Columbia Rules of Professional Conduct shall govern the conduct of all attorneys appearing before OAH, in addition to these Rules.

2808.7 The Chief Administrative Law Judge or presiding Administrative Law Judge may enter an order restricting the practice of any attorney appearing before OAH for good cause. The restrictions may include, without limitation:

(a) Disqualification from a particular case;

(b) Suspension or disqualification from practice before OAH;

(d) A requirement that an attorney appear only when accompanied by another attorney with particular skills or a particular level of experience.

2808.8 The attorney shall be given notice and opportunity to be heard either before the imposition of a restriction, or as soon thereafter as is practicable.

2808.9 An Administrative Law Judge’s authority under § 2808.7 is limited to restricting the practice of an attorney in a pending case based on the conduct of the attorney in that case. Nothing in this Section limits the authority of the Chief Administrative Law Judge to enter a separate order restricting an attorney’s practice before OAH.

2808.10 Any attorney appearing before OAH in a representative capacity under this Section shall provide, under his or her signature, the attorney’s District of Columbia bar number, office address, and telephone number. Persons appearing (or applying to appear) under §§ 2808.2 or 2808.4 shall state, immediately under their signature, the Subsection under which they are appearing (or applying to appear), their office address, and telephone number. Persons appearing under § 2808.2 shall state the jurisdiction of their admission and shall provide the bar number, if any, from that jurisdiction, and their office address, and telephone number.

2808.11 An attorney representing a party may testify only as permitted by Rule 3.7 of the District of Columbia Rules of Professional Conduct.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 3838 (April 15, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2808

1 DCMR § 2809 WITHDRAWAL OF APPEARANCE BY AN ATTORNEY

2809.1 An attorney may withdraw an appearance before a hearing date has been set if:

(a) Another attorney simultaneously enters or has already entered an appearance on behalf of the client; and

(b) The attorney files a consent to the withdrawal that the client has signed.

2809.2 If a hearing date has been set, or if the client’s written consent is not obtained, or if the client is not represented by another attorney, an attorney shall move to withdraw an appearance and receive permission from the presiding Administrative Law Judge to withdraw from the case. Unless the client is represented by another attorney or the motion is made orally in front of the client and the Administrative Law Judge, the attorney shall certify that:

(a) The attorney has served the client a notice advising the client to obtain other counsel, or if the client intends to represent himself or herself, or intends to object to the withdrawal, to notify the Administrative Law Judge in writing within fifteen (15) calendar days of service of the notice or before the next hearing date, whichever is earlier; and

(b) The attorney has served the client with a copy of the motion with a certificate of service listing the client’s last known address.

2809.3 Except when an Administrative Law Judge has granted an oral motion to withdraw in the presence of the client, the order granting permission for the attorney to withdraw shall be served on the client. If no new counsel has entered an appearance or the client has not notified the Administrative Law Judge of an intention to represent himself or herself, the order shall instruct the client to arrange promptly for new counsel or be prepared to represent himself or herself.

2809.4 The presiding Administrative Law Judge may deny an attorney’s motion to withdraw if the withdrawal would unduly delay the case, be unduly prejudicial to any party, or otherwise not be in the interests of justice.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 57 DCR 12541, (December 31, 2010); as amended by Final Rulemaking published at 58 DCR 10327 (December 9, 2011); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2809

1 DCMR § 2810 OTHER AUTHORIZED REPRESENTATION

2810.1 An individual may represent himself or herself in proceedings before OAH.

2810.2 Any person representing a party as permitted by this Section shall obtain the consent of the party.

2810.3 A family member or domestic partner may represent a party provided that person does not accept compensation in any form.

2810.4 In addition to an attorney authorized by § 2808, an authorized agency employee may represent an agency before OAH.

2810.5 If required by law, an Administrative Law Judge shall permit a party to be represented by another person who is not an attorney.

2810.6 An authorized officer, director, partner, or employee may represent a corporation, partnership, limited partnership, or other private legal entity before OAH.

2810.7 An individual or any representative of any entity listed in § 2810.6 may represent a party if the party has or had a contractual relationship with that individual or entity that is substantially related to the subject matter of the case (such as a landlord/tenant relationship in a civil fine case or owner/property manager relationship) and that relationship existed before the case arose.

2810.8 Section 2982 contains additional Rules for representation in unemployment compensation cases.

2810.9 Sections 2972 and 2973 contains additional Rules for representation in public benefits cases.

2810.10 Section 2935 contains additional Rules for representation in rental housing cases.

2810.11 Any person authorized by the United States Tax Court to represent a party before that court may represent a party before OAH in any case arising under D.C. Official Code § 2-1831.03(b)(4), and on the same basis as would be permitted by the United States Tax Court.

2810.12 The Chief Administrative Law Judge or presiding Administrative Law Judge may enter an order restricting the practice of any non-attorney representative appearing at OAH.

2810.13 The non-attorney representative shall be given notice and opportunity to be heard either before the imposition of a restriction under § 2810.12, or as soon thereafter as is practicable.

2810.14 An Administrative Law Judge’s authority under § 2810.12 is limited to restricting the practice of a non-attorney representative in a pending case based on the conduct of the non-attorney representative in that case. Nothing in this Section limits the authority of the Chief Administrative Law Judge to enter a separate order restricting a non-attorney representative’s practice before OAH.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 3838 (April 15, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by Emergency and Proposed Rulemaking published at 52 DCR 5952 (June 24, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 8396 (September 9, 2005); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2810

1 DCMR § 2811 FILING OF PAPERS; REPRESENTATIONS TO OAH

2811.1 A “paper” means any pleading, Notice of Infraction, Notice of Violation, motion, exhibit, witness list, brief, or any other written submission filed with OAH.

2811.2 Any paper filed at OAH shall be complete, legible, and signed by a party or a party’s representative.

2811.3 To file any paper at OAH, a person shall bring; mail; email to oah.filing@dc.gov; submit via the eFiling portal; or have the paper delivered to the Clerk’s Office during regular business hours from 9:00 a.m. to 5:00 p.m. on a business day.

A paper is filed on the day the Clerk’s Office receives it during business hours, except as provided in §§ 2811.4, 2811.5, and 2811.6.

This Section permits any party to file papers by email with OAH or via the eFiling portal and the District to file data electronically. It also permits OAH to serve orders and notices by e-mail. The filing of any paper by email or via the eFiling portal following the procedures set forth in this Section constitutes filing for all purposes under these Rules.

2811.4 When initiating a civil fine enforcement action, the District shall file all Notices of Infraction or Notices of Violation through electronic means. Only one Notice of Infraction or Notice of Violation shall be submitted per communication. The electronic submission of multiple Notices of Infraction or Notices of Violation in a single, combined PDF is not permitted. Petitioners seeking to initiate multiple requests for hearing under § 2805 shall also submit each separate request individually, with one request per communication.

2811.5 The filing date for an email filing received in the correct OAH email box before 5:00 p.m. on any OAH business day shall be the date it is received. The filing date for an email filing received at other times shall be the next day that the Clerk’s Office is open for business. The date and time recorded in the correct OAH email box shall be conclusive proof of when an email filing was received.

2811.6 The filing date for a paper received and date-stamped through the eFiling portal before 5:00 pm on any OAH business day shall be the date it is received, which the Clerk’s Office shall communicate by email through the eFiling portal. The filing date for an eFiling portal paper received at other times shall be the next day that the Clerk’s Office is open for business. The date and time recorded on the eFiling portal date stamp shall be conclusive proof of when the paper was filed.

2811.7 A party filing any paper by email or by the eFiling portal is responsible for any delay, disruption, or interruption of electronic signals, as well as for the legibility and completeness of the transmitted image, and accepts the risk that the paper may not be filed.

2811.8 (a) All papers, documentary exhibits, and photographic exhibits to be filed by

email or by the eFiling portal shall be in a read-only, portable document format (PDF), such as a certified PDF or a PDF/A. Parties are responsible for converting forms into read-only PDF format prior to submission. Parties that use OAH forms for filing comply with the requirements of this subsection. All filed papers shall be attached to an email and not contained in the body of the email itself.

(b) Audio and video exhibits filed with a paper shall be filed on a flash drive with the Clerk’s Office; by email; via eFiling portal; or other electronic platform approved by the Clerk’s Office. All audio and video exhibits shall be in mp4 format.

2811.9 OAH may reject any email filings that do not conform to this Section.

2811.10 Pursuant to § 2806, every paper filed by email or via eFiling portal shall contain:

(a) The name, mailing address, telephone number, and email address of the person filing it;

(b) The case number assigned by OAH, or a statement that a case number has not yet been assigned; and

(c) A brief description of the paper (for example, “request for hearing in a Medicaid matter,” “motion for new hearing date for an unemployment hearing,” “exhibits/documents for hearing in rental housing case”).

2811.11 A filing that does not contain the information in § 2811.10 is subject to rejection. A cover page that can be used to satisfy this requirement is available at OAH. The “subject” line of the email shall also contain a brief description of the paper.

2811.12 If a paper filed by email or via eFiling portal is rejected, the party shall be notified by email. A rejected paper does not constitute a filing at OAH.

2811.13 Every filing, including papers filed by email or via the eFiling portal, shall contain a signature. A paper filed by email by an unrepresented party, that does not contain a signature as required by this Subsection, shall not be rejected on that basis alone.

2811.14 The certification requirement of § 2811.15 shall apply to all papers filed by email and via the eFiling portal.

2811.15 A party or representative filing a paper with OAH certifies in good faith that the party or representative:

(a) Has read the paper;

(b) Is not presenting it for any improper purpose, such as to harass, to cause unnecessary delay, or to increase the cost of litigation needlessly;

(d) Any factual contentions have or are likely to have evidentiary support.

2811.16 If, after notice and an opportunity to respond, an Administrative Law Judge determines that an attorney or representative has violated this Section, the Administrative Law Judge may impose sanctions, including those authorized by §§ 2808.7 and 2810.12.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Emergency and Proposed Rulemaking published at 51 DCR 9322 (October 1, 2004) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 720 (January 28, 2005); as amended by Final Rulemaking published at 5 7 DCR 12541, 12550 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024); as amended by Final Rulemaking published at 72 DCR 008051 (July 18, 2025); as corrected by Errata Notice published at 72 DCR 008642 (August 8, 2025). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2811

1 DCMR § 2812 HOW TO SERVE A PAPER

2812.1 “Service” of a paper or to “serve” a paper means to send or deliver the paper as set forth in this Section.

2812.2 Every paper filed at OAH shall be served on the other parties or their attorneys or representatives no later than the day it is filed with OAH. Exceptions may be identified in these Rules, by statute, or by OAH order.

2812.3 Unless otherwise ordered by an Administrative Law Judge or agreed by the parties, service shall be made by delivering a copy, mailing a copy, emailing a copy, or sending a copy by commercial carrier. Service on an attorney for a party, or on a District agency through its Office of the General Counsel, designee, or its contractor, may be made by emailing a copy.

2812.4 Service by delivery means:

(a) Handing a copy of a paper to the party or a representative;

(b) Leaving a paper at the party’s or representative’s place of business with an employee; or

2812.5 Service by mail means mailing a properly addressed copy of a paper with first-class postage by depositing it with the United States Postal Service.

2812.6 Service by email means emailing a legible copy of a paper to the correct email address without the system receiving a reply that the email could not be delivered.

2812.7 Service by commercial carrier means giving a copy of a paper, properly addressed to the commercial carrier with the cost of delivery pre-paid for delivery within three calendar days.

2812.8 Unrepresented parties may consent to service by email or other means of service and may withdraw their consent. Both consent and withdrawal of that consent shall be in writing, and shall be filed with OAH and served on all parties. Implied consent to service by email shall be presumed if the unrepresented party has already filed or served papers via email.

2812.9 Any paper filed shall include a signed statement that the paper was served on the parties. This statement is known as a “certificate of service.” The certificate of service shall identify the individual serving the paper, the parties and addresses served, the way the paper was served, and the date served.

2812.10 The Clerk may reject, or an Administrative Law Judge may strike, a paper if a party fails to file a certificate of service with the paper.

2812.11 A party’s actual receipt of a paper shall bar any claim by the party of defective service except for a claim of late service.

2812.12 A party shall send a copy of any paper filed by email (except a request for a hearing that begins a case) to all other parties, and shall include a certificate of service as required by § 2812.9.

2812.13 The five (5) additional days added to the response times by § 2813.5 do not apply to orders, notices, or papers served by email, even if they are also served by other means.

2812.14 Unless otherwise ordered, a party who files or serves any original paper by email shall keep the original until after the case is concluded and the time for any appeals has expired. The party shall make the original available for inspection upon request of another party after prior reasonable notice filed with OAH. This Section shall not limit the authority of an Administrative Law Judge to order production of the original.

2812.15 Parties served by email are responsible for monitoring their email accounts, including spam (bulk or junk) folders, and for opening the emails.

2812.16 The Clerk may serve orders and notices by email to any party who provides an email address and consents, in writing or on the record, to receiving papers by email. The party shall ensure that the Clerk has an accurate, up-to-date email address. The Clerk may serve orders and notices by email in addition to any other authorized method of service.

2812.17 If the District seeks to begin a case at OAH by filing a Notice of Infraction or a Notice of Violation pursuant to §§ 2803 and 2804, the District may transfer to OAH data from the Notice of Infraction or the Notice of Violation by electronic means, pursuant to prior technical arrangements with OAH. The electronic transfer by itself neither begins a case nor satisfies the District’s obligations under §§ 2803 and 2804. The District shall file the Notice of Infraction or Notice of Violation and its attachments, substantially in the form provided to the Respondent, with the proof of service.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2812

1 DCMR § 2813 CALCULATING DEADLINES

2813.1 This Section applies to all time periods, whether set by these Rules, by an OAH order, or by any applicable law, unless a statute or specific regulation provides otherwise.

2813.2 When an action shall or may be taken within a specified number of days after an act or event, the day of the act or event shall not be counted against the days allowed. If OAH is closed on the day that is the specified number of days after the act or event, then the last day for taking the action is the next day that OAH is open.

2813.3 When an action shall or may be taken at least a specified number of days before an act or event, the day of the act or event shall not be counted toward the required number of days. If OAH is closed on the day that is the specified number of days before the act or event, then the last day for taking the action is the next day that OAH is open.

2813.4 In computing any time period measured in hours:

(a) If any period expires before 10:00 a.m. on any day OAH is open, the period shall be extended to 10:00 a.m. on that day;

(b) If any period expires after 4:00 p.m. on any day, the period shall be extended to 10:00 a.m. on the next day OAH is open; and

(c) If any period expires on a day OAH is closed, the period shall be extended to 10:00 a.m. on the next day OAH is open.

2813.5 Unless a statute or regulation provides otherwise, when a party may or shall act within a specified time period, measured in days, after service of a document:

The specified time period shall apply if the document is served no later than 5:00 p.m. by a successfully completed hand-delivery, or email transmission. If service by one of these methods is completed after 5:00 p.m., the document shall be deemed served the following day.

One (1) day shall be added to the specified time period if the document is served by being delivered to or picked up by a commercial delivery service for next-day delivery.

Five (5) days shall be added to the specified time period if the document is served by being placed in the United States mail (postage paid) or in District of Columbia Government inter-agency mail.

Service is deemed complete when sent.

2813.6 When a party may or shall act within a specified time period, an Administrative Law Judge for good cause shown may reduce the time or extend it, even after the period has expired, except for any period prescribed by law, any period provided under § 2833, or any ten (10) day period provided under § 2830.

2813.7 Any reference to “days” in an OAH order or in these Rules means calendar days unless specifically designated otherwise.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2813

1 DCMR § 2814 ANSWERS IN CIVIL FINE CASES

2814.1 To answer a Notice of Infraction or a Notice of Violation (both “Notice”), a Respondent shall file the Respondent’s copy of the Notice at OAH. The Respondent shall indicate on the Notice whether the Respondent’s answer is Admit, Admit with Explanation, or Deny.

2814.2 If a Respondent does not file the Respondent’s copy of the Notice, the answer shall be rejected by the Clerk’s Office.

2814.3 A Respondent is not required to send a copy of the answer to the District. OAH shall send the District a copy of every answer of Deny or Admit with Explanation.

2814.4 A Respondent whose answer is Admit shall pay the fine specified on the Notice when filing the answer. A Respondent who pays the fine without stating a plea shall be deemed to have pleaded Admit.

2814.5 If a Respondent’s answer is Deny, OAH shall schedule a hearing and shall notify the Respondent and District, in writing, of the hearing date and time. The hearing order shall contain additional information about procedures for the hearing.

2814.6 If a Respondent’s answer is Deny, an Administrative Law Judge may decide the case based on the papers submitted, without an in-person hearing, if the Administrative Law Judge determines that a hearing is unnecessary and after giving the District notice and an opportunity to respond.

2814.7 At least five (5) calendar days before any hearing date, the Respondent shall file with OAH, and also shall serve on the District copies of all exhibits that the Respondent intends to ask the Administrative Law Judge to consider at the hearing. An Administrative Law Judge may allow a Respondent to use exhibits at a hearing that the Respondent did not file or provide to the District before the hearing if there is no prejudice to the District.

2814.8 If a Respondent’s answer is Admit with Explanation, a Respondent shall submit a written explanation stating why the Respondent believes the Administrative Law Judge should reduce or suspend the fine or any penalty. The Respondent also shall submit any papers, photographs, or other materials supporting the Respondent’s explanation.

2814.9 OAH shall send a copy of an answer of Admit with Explanation and supporting materials to the District, and shall allow the District twenty-one (21) calendar days to reply. The District shall send the Respondent a copy of all papers the District files in reply.

2814.10 The Administrative Law Judge shall decide Admit with Explanation cases by considering all the materials filed by the parties, including any exhibits filed with the Notice, Respondent’s explanation and supporting materials, and the District’s reply and supporting materials. The Administrative Law Judge shall hold a hearing only if the parties’ materials are not sufficient to allow him or her to decide the case.

2814.11 In an Admit with Explanation case, the Administrative Law Judge shall dismiss the Notice if he or she determines that the Respondent did not commit or is not responsible for the violation charged.

2814.12 In all civil fine cases, an Administrative Law Judge shall not impose a fine that exceeds the fine amount the District requests.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2814

1 DCMR § 2815 DEFAULTS IN CIVIL FINE CASES

2815.1 This Section contains rules for deciding civil fine cases in which the Respondent does not file an answer.

2815.2 (a) In a Civil Infractions Act or a Litter Control Administration Act case, if a Respondent fails to answer within the time required by law, an Administrative Law Judge shall determine whether:

(1) The District has submitted evidence of proper service; and

(2) The Notice of Infraction or Notice of Violation meets all legal requirements on its face.

(b) If an Administrative Law Judge determines the requirements of § 2815.2(a) have been met, the Administrative Law Judge shall find the Respondent in default and shall impose the legally authorized fine and penalty. If not, the Administrative Law Judge shall dismiss the Notice of Infraction or Notice of Violation without prejudice.

2815.3 In a Civil Infractions Act case, if the USPS returns an order finding the Respondent in default to the Clerk’s Office, for reasons that call into question the accuracy of any affidavit filed under §§ 2803.5 through 2803.10, (for example, “no such address,” “addressee unknown”), an Administrative Law Judge may issue an order requiring the District to show why the default order should not be vacated. If the District does not respond with sufficient evidence showing that it mailed the Notice of Infraction to a valid address for the Respondent, the default order shall be vacated and the Notice of Infraction shall be dismissed.

2815.4 In default cases brought under acts other than the Civil Infractions Act or the Litter Control Administration Act, the procedure shall be consistent with the applicable law and shall ensure that:

(a) There is sufficient evidence of proper service on the Respondent; and

(b) The charging document meets all legal requirements on its face.

2815.5 A Respondent who fails to answer shall be held in default and shall pay the legally authorized fine and penalty. If the Administrative Law Judge does not find the Respondent in default, the Administrative Law Judge shall dismiss the Notice without prejudice.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2815

1 DCMR § 2816 INVOLUNTARY DISMISSALS AND DEFAULTS

2816.1 Except as provided in § 2816.2, if the party initiating a case fails to comply with an Administrative Law Judge’s order or these Rules or otherwise fails to prosecute the case, the Administrative Law Judge may, on his or her own motion or on the motion of the opposing party, dismiss all or part of the case. Dismissal shall ordinarily be with prejudice unless the Administrative Law Judge finds good cause to dismiss without prejudice.

2816.2 Dismissals for defective service shall be without prejudice, unless the Administrative Law Judge decides otherwise.

2816.3 If an attorney, representative, or unrepresented party fails, without good cause, to appear at a hearing, the Administrative Law Judge may dismiss the case, enter an order of default, decide the case on the merits, or impose other sanctions.

2816.4 If an attorney, representative, or unrepresented party fails, without good cause, to appear at a prehearing or status conference or a mediation session, the Administrative Law Judge may determine the appropriate sanction, which may include dismissal or entry of default.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2816

1 DCMR § 2817 MOTIONS PROCEDURE

2817.1 A “motion” is a request for an Administrative Law Judge to take some action. Before filing any motion (except a motion for summary adjudication, voluntary dismissal, reconsideration, relief from a final order, attorney’s fees, or sanctions), a party shall make a good faith effort to ask all other parties if they agree to what the motion requests. The motion shall describe that good faith effort to obtain consent to the motion, and state whether the other parties agreed to what the motion requests. If a party fails to comply with this § 2817.1, an Administrative Law Judge may deny the motion.

2817.2 Unless made during a hearing, all motions shall be in writing. Parties may choose to file, or an Administrative Law Judge may require the parties to file, briefs (written arguments) in support of or in opposition to a motion. The required format and structure for motions shall be as follows:

Without permission from an Administrative Law Judge, no motion or response (or any brief in support of or in opposition to a motion) shall exceed twenty (20) one and one-half (1.5)-spaced typed pages in length, excluding exhibits.

The font size of a motion, response, or brief shall be at least twelve (12) points, with no less than one-inch margins.

The first page of a motion, response, or brief shall include: the parties’ names, the case number, and the name of the presiding Administrative Law Judge, if known. The last page shall include a certificate of service that complies with § 2812.9.

A motion shall state what the party wants the Administrative Law Judge to do and why.

2817.3 When a motion is based on information not on the record, a party may support or oppose the motion with affidavits, declarations, or other papers.

2817.4 Except as otherwise ordered by an Administrative Law Judge, a separate memorandum of points and authorities shall not be filed with a motion.

2817.5 Before filing a motion to schedule or reschedule a hearing or status conference, a party shall make a good faith effort to consult with all other parties and seek agreement on two (2) or more acceptable dates and times for the hearing or status conference.

2817.6 Unless otherwise provided by these rules or ordered by an Administrative Law Judge, all parties opposing a motion shall have fourteen (14) calendar days from the service of the motion to file and serve a response. Further filings related to the motion are not permitted and may be rejected unless ordered by an Administrative Law Judge.

2817.7 The Administrative Law Judge may decide any motion without holding a hearing. No motion, including a motion to extend time, to continue a hearing, or to seek other relief, shall be effective until an Administrative Law Judge decides the motion in writing. Parties may contact OAH to learn if an Administrative Law Judge has decided a motion.

2817.8 The Administrative Law Judge may decide a motion regarding scheduling or rescheduling without waiting for a response.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2817

1 DCMR § 2818 VOLUNTARY DISMISSALS OF CASES

2818.1 The party initiating the case may move to dismiss the case at any time, and the Administrative Law Judge may grant the motion without waiting for a response from the opposing side.

2818.2 An opposing party who objects to the voluntary dismissal of a case may file a motion for reconsideration as provided in § 2830.

2818.3 The parties may file a joint motion for dismissal of a case with or without prejudice.

2818.4 Dismissal under this Section shall be without prejudice unless an Administrative Law Judge orders otherwise. A dismissal with prejudice may occur:

(a) If the party requesting dismissal has previously dismissed the claim;

(b) If the motion for dismissal is made pursuant to a settlement that does not specifically require dismissal without prejudice; or

2818.5 For any pending case, the agency issuing the Notice of Infraction or Notice of Violation shall file a Notice of Voluntary Dismissal with OAH within five (5) business days of any of the following occurring:

Payment of all fines cited in the subject Notice, and any applicable penalties, pursuant to an Admit plea submitted under § 2814.4;

Any payment accepted in full satisfaction of all outstanding fines and penalties pursuant to settlement of the case; or

Execution of a settlement agreement involving a waiver of outstanding fines and penalties.

2818.6 A Notice of Voluntary Dismissal filed pursuant to § 2818.5 shall reference one of the grounds above, if applicable.

2818.7 If a default order or Final Order is inadvertently entered by OAH due to an agency’s failure to timely file a Notice of Voluntary Dismissal in accordance with this Rule, the agency shall file a Motion to Vacate in accordance with § 2830.11 within five (5) business days of service of the Final Order.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2818

1 DCMR § 2819 SUMMARY ADJUDICATION

2819.1 A party may move for an Administrative Law Judge to decide a case or part of a case summarily, without an evidentiary hearing, by filing a motion for summary adjudication. A motion for summary adjudication that relies on factual assertions shall include a statement of undisputed facts that support the decision requested by the party. A statement of undisputed facts sets forth facts that matter to the case and that the party has reason to believe are not or will not be genuinely disputed by the other party or parties. A motion for summary adjudication may include affidavits, declarations under penalty of perjury, exhibits, and a discussion of controlling legal authority.

2819.2 The party opposing a motion for summary adjudication may file a statement indicating for each fact set forth in the statement of undisputed facts whether the party admits the fact, denies the fact, or does not have sufficient information to admit or deny the fact. The party’s opposition to the motion for summary adjudication may also include affidavits, declarations under penalty of perjury, exhibits, and a discussion of controlling legal authority.

2819.3 The Administrative Law Judge may treat as undisputed any facts set forth in the statement of undisputed facts that are not disputed by the opposing party. The Administrative Law Judge may also conduct a hearing on whether facts that matter to the case are genuinely in dispute.

2819.4 If the undisputed facts support the decision requested by the moving party, the Administrative Law Judge may grant a summary adjudication for the moving party.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2819

1 DCMR § 2820 MEDIATION

2820.1 Mediation is a process of assisted, informal negotiation which uses a neutral third party, the mediator, to aid the parties in exploring the possibility of settlement. No party shall be compelled to accept a settlement or other resolution of the dispute in mediation.

2820.2 At any time during case proceedings, an Administrative Law Judge may refer a case for mediation to a qualified mediator with or without the consent of the parties. Any party may request an Administrative Law Judge to refer a case for mediation.

2820.3 Mediations are confidential and shall be closed to the public. Mediations shall not be recorded electronically or in any other manner, with or without the consent of the parties. Evidence of anything that occurs during mediation sessions and documents prepared exclusively for or during mediation shall not be introduced into evidence or otherwise disclosed to the presiding Administrative Law Judge. Nothing in this Subsection prohibits the introduction or disclosure of information or evidence that any party obtained outside of mediation.

2820.4 The mediator may speak privately with any party or any representative during the mediation process.

2820.5 The mediator shall not disclose anything that occurs at mediation to the presiding Administrative Law Judge except to report without elaboration:

(a) Whether the parties reached an agreement; and, if not

(b) Whether he or she believes further mediation would be productive.

2820.6 The mediator shall not be called to testify, participate in discovery, or otherwise provide information in any subsequent proceeding related to the mediation.

2820.7 An Administrative Law Judge who conducts mediation shall not be the Administrative Law Judge in any subsequent proceedings for the case, but, with the consent of the parties, may issue an order on procedural matters concerning the mediation or reflecting any agreement reached during the mediation.

2820.8 All parties or their representatives shall appear for any mediation session. Any representative who appears shall have authority to resolve the case.

2820.9 If a party or representative fails to appear at a scheduled mediation session without good cause, the mediator shall notify the presiding Administrative Law Judge, who may impose an appropriate sanction, which may include dismissal or entry of default.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 3838 (April 15, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2820

1 DCMR § 2821 DISCOVERY, EXPERT, AND OPINION TESTIMONY

2821.1 Discovery is generally not permitted. An Administrative Law Judge may authorize discovery for good cause shown, but interrogatories and depositions are disfavored.

2821.2 A party may move for an Administrative Law Judge to issue a subpoena to require any non-party to provide documents prior to the hearing in accordance with §§ 2824, 2934, 2975, and 2984, as applicable.

2821.3 Any motion for discovery shall explain the relevance of the information that is sought and shall describe all attempts to obtain consent from the opposing party, including a description of all discovery to which the opposing party has agreed.

2821.4 Unless otherwise ordered by an Administrative Law Judge, any motion for discovery shall be filed at least twenty (20) calendar days before the date of any scheduled evidentiary hearing.

2821.5 An Administrative Law Judge may impose appropriate sanctions if a party fails to comply with a discovery request, including prohibiting the party from offering evidence and ordering that specific facts are established.

2821.6 At an Administrative Law Judge’s discretion, a witness may be allowed to offer opinion testimony even if the witness is not qualified by an Administrative Law Judge as an expert in a particular subject matter. A party wishing to present expert or other opinion testimony may disclose to the other parties in writing, a reasonable time prior to the witness’s testimony, some or all of the following:

The witness’s identity and professional experience (a resume or curriculum vitae);

The opinions to which the witness expects to testify;

A short and plain statement of the basis for each opinion to which the witness expects to testify; and

(d) If the witness expects to base an opinion on publications, a list of those publications.

2821.7 The disclosures under § 2821.6 may be prepared by someone other than the witness. A party may be required to make any or all of these disclosures by order of an Administrative Law Judge.

2821.8 For good cause shown, including undue prejudice to a party, an Administrative Law Judge may limit, postpone, or refuse to allow expert or other opinion testimony. In deciding whether a witness may offer expert or other opinion testimony and in assessing how much weight to give to such testimony, an Administrative Law Judge may consider the adequacy, timing, or absence of the disclosures described in § 2821.6 as well as any failure to make an ordered disclosure.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2821

1 DCMR § 2822 BURDEN OF PROOF

2822.1 Unless otherwise established by law, the proponent of an order shall have the burden of proof, that is, the requirement to persuade the Administrative Law Judge on every contested factual issue.

2822.2 Unless otherwise established by law, the burden of production, that is, the requirement to introduce evidence first, shall be as follows:

(a) Whenever a party challenges the District’s denial of an application for a license, permit, or public benefit, the District shall have the burden of producing sufficient evidence to establish the reasons for the denial;

(b) Whenever the District suspends, revokes, or terminates a license, permit, or public benefit, or proposes to do so, the District shall have the burden of producing sufficient evidence to establish the reasons for its action;

(c) The party asserting an affirmative defense identified in District of Columbia Superior Court Civil Rule 8(c) shall have the burden of producing sufficient evidence to establish that defense; and

(d) The party asserting an exception to the requirements or prohibitions of any statute or rule shall have the burden of producing sufficient evidence to establish that exception.

2822.3 Otherwise, an Administrative Law Judge shall allocate the burden of producing evidence to promote fairness, equity, substantial justice, and sound judicial administration.

2822.4 If a party has presented all of its evidence on an issue on which it has the burden of proof, and the presiding Administrative Law Judge concludes that the party has failed to meet its burden, the Administrative Law Judge may find against that party on that issue without awaiting the close of all the evidence in that case.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2822

1 DCMR § 2823 HEARINGS AND EVIDENCE

2823.1 The presiding Administrative Law Judge shall determine whether a hearing is required by law in any case.

2823.2 Unless otherwise ordered by an Administrative Law Judge, at least five (5) calendar days before any evidentiary hearing (except in unemployment compensation cases governed by § 2983.1 or in DFHV cases), a party shall serve on all other parties and file with the Clerk the following:

(a) A list of the witnesses, other than a party or a charging inspector, whom the party intends to call to testify, including their address and telephone number if available; and

(b) An exhibit list, including a numbered copy of each exhibit that the party intends to offer into evidence, other than exhibits that were served with the Notice of Violation, Notice of Infraction, or Answer or are to be used solely for impeachment or rebuttal.

2823.3 The Administrative Law Judge may exclude any witnesses or exhibits not disclosed under § 2823.2 if he or she finds that the opposing party would be prejudiced by the failure to disclose.

2823.4 (a) An Administrative Law Judge shall have the sole discretion to determine whether a proceeding or part of a proceeding will be conducted in person, via teleconference, or via videoconference.

(b) Subject to a party’s right to request to appear in person or via videoconference, teleconferencing shall be presumptively used for pre-hearing conferences, status conferences and motion hearings.

(c) By OAH policy, the Chief Administrative Law Judge shall establish the presumed manner of conducting evidentiary hearings.

An in-person hearing shall be held only in an OAH courtroom, except as otherwise provided in this Section. An in-person hearing may be held in another physical location only as required by law or in exceptional circumstances with approval of the Chief Administrative Law Judge. An Administrative Law Judge may permit a party to appear or a witness to testify at an in-person hearing from a remote location by telephone, videoconferencing, or similar means. Unless otherwise permitted or ordered by an Administrative Law Judge, representatives of a party shall not appear by telephone at an in-person hearing.

An Administrative Law Judge may determine the manner and extent of the use of teleconferencing or videoconferencing, and may require participants to attend court proceedings, in whole or in part, in whatever manner they deem appropriate.

Any party may request that a hearing may be conducted in an alternate platform or in-person if scheduled remotely. Any request to change the platform in which a hearing is to be conducted shall comply with § 2817 regarding the filing of motions. In considering a request to change the way a proceeding is conducted, the Administrative Law Judge shall consider:

The capabilities of the Administrative Law Judge and the parties to participate in the platform to be used, including whether any necessary parties are unable to participate in the proceeding because of lack of technology, poor connectivity, actual inability to use technology, or inability to physically appear;

Whether the other necessary parties consent to the request;

Whether the platform to be used for the proceeding will facilitate the presentation of evidence in the case;

Whether the platform to be used for the proceeding will prejudice either party, either positively or negatively; and

Any other factors that the Administrative Law Judge may determine to be relevant.

2823.5 Parties shall have the following rights at a hearing:

(a) To testify and to have other witnesses testify for them;

(b) To cross-examine witnesses called by another party;

(d) To examine all exhibits offered into evidence by another party;

(e) To object to the admission of any testimony or other evidence;

(f) To subpoena witnesses, as provided in § 2824; and

(g) To appear with a representative, as provided in §§ 2808 and 2810.

2823.6 At a hearing, all parties may present evidence. “Evidence” includes testimony by the parties and by any witnesses; papers; photographs; or any other items that a party believes may help the Administrative Law Judge decide the case. The Administrative Law Judge shall decide what evidence shall become part of the record.

2823.7 Testimony in any hearing ordinarily will be given in open court. An Administrative Law Judge may exclude testimony given by any other means, unless otherwise permitted by statute or these Rules.

2823.8 For good cause shown, an Administrative Law Judge may permit a witness to submit written testimony in advance of the hearing, subject to cross-examination and redirect examination at the hearing.

2823.9 For good cause shown, an Administrative Law Judge may allow parties to submit pre-recorded testimony subject to appropriate safeguards including cross-examination.

2823.10 All witnesses shall testify under oath or affirmation subject to the penalty of perjury. Nothing in this Subsection forbids the admission of an affidavit or other written statement under penalty of perjury.

2823.11 Hearsay evidence (generally, a statement by a person not present at the hearing) is admissible. When hearsay evidence is admitted, the Administrative Law Judge shall assess the reliability of the evidence to determine the weight it should be assigned. An Administrative Law Judge shall consider the speaker’s absence in evaluating the evidence.

2823.12 In determining the admissibility and weight of evidence, an Administrative Law Judge may use the Federal Rules of Evidence for guidance, but they shall not be binding.

2823.13 An Administrative Law Judge may limit or exclude testimonial or documentary evidence to avoid surprise or prejudice to other parties, repetition, or delay.

2823.14 Whenever any applicable law or order requires or permits the filing of an affidavit or other writing signed under oath, the signer may submit a written declaration in substantially the following form:

“I declare under penalty of perjury that the foregoing is true and correct. Signed on (date).

(Signature)__

(Printed or typed name)”

2823.15 All Administrative Law Judges are authorized to administer oaths.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Emergency and Proposed Rulemaking published at 51 DCR 9322 (October 1, 2004) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 720 (January 28, 2005); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2823

1 DCMR § 2824 SUBPOENAS FOR WITNESSES AND FOR DOCUMENTS AT HEARINGS

2824.1 Except as provided in § 2824.5 (unemployment compensation and rental housing cases), a subpoena for the appearance of witnesses and production of documents at a hearing shall only be issued by an Administrative Law Judge.

2824.2 A party may request a subpoena in writing in accordance with § 2824.3 or an Administrative Law Judge may issue a subpoena without a party’s request. Subpoenas and forms to request a subpoena are available from the Clerk’s Office.

2824.3 To request a subpoena, unless otherwise authorized by an Administrative Law Judge, a party shall file a motion that states the relevance of the requested testimony or documents with a copy of the proposed subpoena. An Administrative Law Judge may modify the proposed subpoena.

2824.4 Unless otherwise provided by law or order of an Administrative Law Judge, any request for a subpoena shall be filed no later than seven (7) calendar days prior to the hearing.

2824.5 In unemployment compensation and rental housing cases, the Clerk shall, without an order of the Administrative Law Judge, issue the following subpoenas at the request of a party:

(a) For subpoenas in unemployment compensation cases, refer to Section 2984.

(b) For subpoenas in rental housing cases, refer to Section 2934.

(c) When the Clerk issues a subpoena authorized by this Subsection, the Clerk shall sign it, but otherwise leave it blank. The party requesting the subpoena shall fill in the remaining information on the subpoena form.

If a party in an unemployment insurance or rental housing case wants to obtain any subpoena not authorized by this Subsection, the party shall request an Administrative Law Judge to issue that subpoena in accordance with §§ 2824.1 through 2824.4.

2824.6 It is the responsibility of the requesting party to serve a subpoena in a timely fashion. Any person, including a party, who is at least eighteen (18) years of age, may serve a subpoena.

2824.7 Service of a subpoena for a witness to appear at a hearing shall be made by personally delivering the subpoena to the witness, or as consented to by the person or entity served, or as ordered by an Administrative Law Judge. Unless otherwise ordered by an Administrative Law Judge, service shall be made at least seven (7) calendar days before the hearing.

2824.8 A subpoena for the production of documents shall be directed to either an individual, a corporation, the District, or another entity.

2824.9 A subpoena to produce documents shall be served by any of the following means:

(a) Handing it to the person or to a representative of the person or entity;

(b) Leaving it at a person’s office with a responsible adult, or if no one is available, leaving it in a conspicuous place in the office;

(d) Mailing it to the last known address of the person;

(e) Mailing it to the last known address of an entity’s office connected to the case; or

(f) Delivering it by any other means, including electronic means, if consented to in writing by the person or entity served, or as ordered by an Administrative Law Judge.

2824.10 A person or entity ordered by subpoena to produce documents:

(a) Shall not appear in person at the hearing unless ordered by an Administrative Law Judge to produce the documents at a hearing;

(b) Shall produce the documents as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the subpoena; and

(c) Shall expressly make any claims of privilege or protection with a description of the documents not produced that is sufficient to enable the requesting party to contest the claim.

2824.11 A subpoena may be served at any place within the District of Columbia, or at any place outside the District of Columbia that is within twenty-five (25) miles of the place of the hearing.

2824.12 Upon order of an Administrative Law Judge, to prove service of a subpoena, a party shall file a written statement or shall provide in-court testimony describing the date of service, manner of service, and names of the persons served.

2824.13 The recipient of a subpoena, or any party to the case, may file and serve a motion to quash or modify the subpoena. An Administrative Law Judge may quash or modify the subpoena for any reason, including, but not limited to, if the subpoena:

(a) Was issued under §§ 2824.5, 2934.1 or 2984.1, but does not meet the requirements of those Subsections;

(b) Was improperly served;

(d) Requires a person who is not a party or an officer of a party to travel to a hearing more than twenty-five (25) miles from where that person resides, is employed, or regularly transacts business, except that such a person may be ordered to appear by telephone;

(e) Requires disclosure of privileged or other protected information; or

(f) Subjects a person or entity to undue burden or expense.

2824.14 If a person or entity disobeys a subpoena, an Administrative Law Judge may order compliance with the subpoena, as authorized by D.C. Official Code § 2-1831.09(b)(1). If a person subject to the order fails to comply, the Administrative Law Judge may impose sanctions as authorized by D.C. Official Code § 2-1831.09(b)(8). A party may apply to the Superior Court of the District of Columbia for an order to show cause why that person should not be held in civil contempt, as authorized by D.C. Official Code § 2-1831.09(e).

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2824

1 DCMR § 2825 CONSOLIDATION AND SEPARATE HEARINGS

2825.1 When cases involve a common question of law or fact, or when multiple Notices of Violation or Notices of Infraction have been issued to the same Respondent, an Administrative Law Judge may, in his or her discretion:

(a) Consolidate the cases for all or any purposes; or

(b) Order a joint hearing on all or any issues.

2825.2 An Administrative Law Judge may consolidate cases or order a joint hearing on motion of a party or on the Administrative Law Judge’s own motion.

2825.3 An Administrative Law Judge may order a separate hearing on any issue in a case where appropriate.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2825

1 DCMR § 2826 LANGUAGE INTERPRETATION

2826.1 OAH shall provide oral or sign language interpretation services upon request for persons seeking information or participating in a hearing. An Administrative Law Judge may order the use of such services at a hearing. Only interpreters arranged by OAH shall be used during hearings.

2826.2 A person who needs oral or sign language interpretation services for a hearing shall request them as early as possible to avoid delay.

2826.3 Upon request by a party with impaired vision, OAH shall provide official documents in Braille or large print within seven (7) business days.

2826.4 An interpreter at a hearing shall interpret accurately, completely, and impartially to the best of the interpreter’s skills and judgment, and under oath or affirmation subject to the penalty of perjury.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2826

1 DCMR § 2827 COURTROOM PROCEDURE

2827.1 Unless otherwise prohibited by law or duly ordered by an Administrative Law Judge, proceedings at OAH shall be open to the public.

2827.2 Administrative Law Judges and OAH non-judicial staff may observe any proceedings at OAH. They shall keep confidential any confidential information that they may receive in those proceedings.

2827.3 Electronic devices that make noise, including cell phones, are prohibited unless set for silent operation.

2827.4 Audio and video recording, broadcasting, and photography are prohibited anywhere at OAH unless authorized by the Chief Administrative Law Judge. The presiding Administrative Law Judge may allow anyone to draw during proceedings in a hearing room so long as it does not disrupt those proceedings.

2827.5 Weapons, dangerous implements, and illegal drugs are prohibited at OAH and are subject to confiscation. The prohibition against weapons does not apply to authorized service weapons carried by law enforcement officers unless they are parties to a case.

2827.6 Dangerous or toxic items, including but not limited to chemicals and sharp objects, that pose a threat to health or safety are prohibited at OAH. Any party who wants to use such an item as evidence shall file a motion and obtain the approval of the presiding Administrative Law Judge prior to the hearing before bringing the item to OAH.

2827.7 Except for those animals assisting persons with disabilities, animals are prohibited at OAH.

2827.8 Any person who presents a threat to safety or who is disrupting OAH operations or proceedings may be removed.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 8420 (September 9, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 11090 (December 23, 2005); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2827

1 DCMR § 2828 RECORDINGS AND TRANSCRIPTS

2828.1 All proceedings, except for mediations, shall be recorded. The recording is the official record of what occurred at the proceeding.

2828.2 Any party may obtain a copy of the recording of a proceeding by request. OAH may charge a fee for the recording, but the fee may be waived by an Administrative Law Judge or by the Clerk’s Office.

2828.3 Any transcript of a recording of a proceeding shall be prepared by a qualified reporter or transcriber who shall personally certify that he or she is not a party or counsel to a party or otherwise related to or employed by a party or counsel in the case; that he or she has no material interest in the outcome of the case; and that the transcript represents the testimony and proceedings of the case as recorded.

2828.4 In filings, a party may only rely upon a transcript prepared according to this Section.

2828.5 Unless otherwise stipulated by the parties or ordered by an Administrative Law Judge, if a party cites to a portion of a transcript, the entire transcript of the proceeding shall be filed at OAH, and a copy shall be served on all parties.

2828.6 In any case in which a party files a petition for review in the District of Columbia Court of Appeals, OAH shall arrange for the preparation and filing of a transcript without charge to any party.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2828

1 DCMR § 2829 SANCTIONS

2829.1 Before issuing an order imposing any sanctions under the OAH Establishment Act (D.C. Official Code §§ 2-1831.01 - .19), the presiding Administrative Law Judge shall allow the party subject to the sanction an opportunity to be heard. Any order imposing a sanction shall be in writing.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2829

1 DCMR § 2830 REQUESTING RECONSIDERATION, A NEW HEARING, OR RELIEF FROM A FINAL ORDER

2830.1 This Section contains Rules about how to ask an Administrative Law Judge to change a final order after it has been issued or to request a new hearing whether or not a final order has been issued. Errors or omissions are not a sufficient basis for a new hearing or to change an order if the errors are harmless.

2830.2 No motion filed under this Section stays the final order or otherwise affects a party’s obligations to comply with the final order, unless an Administrative Law Judge orders otherwise.

2830.3 Within ten (10) calendar days after a final order has been served, any party may file a motion asking the Administrative Law Judge to change the final order. Such a motion is a “motion for reconsideration or for a new hearing.” The movant shall state whether an appeal has been filed.

If an appeal has been filed, OAH has no jurisdiction to decide the motion absent a remand for that purpose.

If an appeal has been filed, an Administrative Law Judge may, in his or her discretion, issue an indicative order to alert the appellate forum as to how they would rule on a motion for reconsideration if OAH had jurisdiction.

2830.4 With the exception of public sector workers’ compensation cases, if any party files a motion for reconsideration or for a new hearing within the ten (10) calendar day deadline of § 2830.3, the time for seeking judicial review of a final order does not start to run until the Administrative Law Judge rules on the motion.

2830.5 If any party files a motion for reconsideration or for a new hearing before a final order is issued or within the ten (10) calendar day deadline of § 2830.3, and where substantial justice requires, the Administrative Law Judge may change the final order or schedule a new hearing for any reason including, but not limited to, the following:

(a) The party filing the motion did not attend the hearing, has a good reason for not doing so, and states an adequate claim or defense;

(b) The party filing the motion did not file a required answer to a Notice of Infraction or Notice of Violation or did not file some other required document, has a good reason for not doing so, and states an adequate claim or defense;

(d) The final order’s findings of fact are not supported by the evidence; or

(e) New evidence has been discovered that previously was not reasonably available to the party filing the motion.

2830.6 An Administrative Law Judge shall treat any motion asking for a change in a final order as a motion for reconsideration or for a new hearing if it is filed within the ten (10) calendar day deadline specified in § 2830.3, regardless of the title that a party gives to that motion.

2830.7 After the ten (10) calendar day deadline, a party may file a motion asking the Administrative Law Judge to change the final order. A motion filed under this Subsection is a “motion for relief from the final order.” The movant shall state whether an appeal has been filed. If an appeal has been filed, OAH has no jurisdiction to decide the motion absent a remand for that purpose.

2830.8 Any motion for relief from the final order has no effect on the deadline for seeking judicial review of the final order.

2830.9 Any motion for relief from the final order based on the grounds stated in § 2830.10 (a), (b), or (c) shall be filed within one-hundred twenty (120) calendar days after service of the final order. A motion for relief from the final order based on the grounds stated in § 2830.10 (d) or (e) may be filed at any time.

2830.10 On a motion for relief from the final order, an Administrative Law Judge may change the final order only for one or more of the following reasons:

(a) Mistake, inadvertence, surprise, excusable neglect, or any other reason justifying relief (such as failure to attend a hearing for good cause; failure to answer a Notice of Infraction or Notice of Violation for good cause; or failure to file a required document for good cause), provided that the Administrative Law Judge considers whether the party:

(1) Had actual notice of the proceedings;

(2) Acted in good faith;

(3) Took prompt action;

(4) Presented an adequate defense, and

(5) Can argue that changing the final order would not prejudice the non-moving party;

(b) Newly discovered evidence that with reasonable diligence could not have been discovered in time to file a motion for reconsideration or for a new hearing within the ten (10) calendar day deadline;

(d) The final order is void, such as when the final order has been entered following defective or invalid service of process; or

(e) A prior judgment on which the final order is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application.

2830.11 For good cause shown, the agency issuing the Notice of Infraction or Notice of Violation may request that a final order issued in its favor be set aside.

2830.12 An Administrative Law Judge shall treat any motion asking for a change in a final order as a motion for relief from the final order, if the motion is not filed within the ten (10) calendar day deadline specified in § 2830.3, regardless of the title that a party gives to that motion.

2830.13 Any party filing any motion under this Section shall include a short and plain statement of all the reasons why the Administrative Law Judge should change the final order or conduct a new hearing.

2830.14 An opposing party is not required to file a response to any motion under this Section, unless an Administrative Law Judge orders a response. Before granting any motion under the Section, an Administrative Law Judge shall issue an order allowing the opposing party an opportunity to respond to the motion.

2830.15 If an Administrative Law Judge grants a motion filed under this Section, he or she may:

(a) Order further submissions from the parties;

(b) Order the parties to appear for a hearing; or

2830.16 A party who files a motion under this Section may request a ruling on the motion at any time before the Administrative Law Judge rules on the motion.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 3838 (April 15, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2830

1 DCMR § 2831 APPEALS

2831.1 Every appealable order shall include a statement of appeal rights and shall be served on the parties and their representatives.

2831.2 The filing of an appeal or a petition for review does not stay or delay the date a final order goes into effect unless a stay is ordered.

2831.3 Any party may file a motion to stay a final order pending appeal. A motion for a stay shall include the reasons for granting the stay. Any party may file a motion to stay the effective date of a final order.

2831.4 In determining whether to grant a stay, the Administrative Law Judge may consider the following factors: whether the party filing the motion is likely to succeed on the merits, whether denial of the stay will cause irreparable injury, whether and to what degree granting the stay will harm other parties, and whether the public interest favors granting a stay.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2831

1 DCMR § 2832 CLERICAL MISTAKES

2832.1 At any time, an Administrative Law Judge or the Clerk, in consultation with an Administrative Law Judge, may correct clerical, typographical, numerical, or technical mistakes in the record and errors from oversight or omission.

2832.2 An Administrative Law Judge may order that notice of such corrections be given to the parties.

2832.3 If a party has filed a request for appellate review, such mistakes may be corrected before the record is transmitted to the reviewing court, and thereafter may be corrected with leave of the reviewing court.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 3838 (April 15, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by Emergency and Proposed Rulemaking published at 52 DCR 5952 (June 24, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 8396 (September 9, 2005); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2832

1 DCMR § 2833 PAYMENT PLANS IN CIVIL INFRACTIONS ACT CASES

2833.1 If an Administrative Law Judge has imposed monetary sanctions under the Civil Infractions Act, a Respondent may request to pay the monetary sanctions in installments. An Administrative Law Judge may permit installment payments for no more than six months beyond the date of the final order and may charge a fee of one percent per month of the outstanding amount.

2833.2 In requesting a payment plan under this Section, a Respondent shall state, in writing, the reasons for seeking a payment plan, the length of time requested, and why Respondent cannot afford to pay the entire monetary sanction in a lump sum.

2833.3 A Respondent shall file with OAH and serve on the District a request for a payment plan within thirty (30) calendar days of the service of the final order.

2833.4 The District may file with OAH a response to a request for a payment plan within five calendar days of the service of the request.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2833

1 DCMR § 2834 ABATEMENT COST REQUESTS

2834.1 Before or after an Administrative Law Judge has issued a final order finding a Respondent liable for a violation of the Litter Control Administration Act, the District may file and serve a motion to require the Respondent to pay abatement costs. The District shall file and serve the motion, with an itemization of costs, not later than one-hundred and twenty (120) calendar days after service of a final order. A Respondent shall have fourteen (14) calendar days from the date of being served with the motion to file and serve a response on the District.

2834.2 A Respondent may request a hearing on the District’s motion. The request shall be in writing and shall be filed within thirty (30) calendar days after the District serves its motion.

2834.3 If a Respondent timely requests a hearing on the District’s motion, the presiding Administrative Law Judge shall hold a hearing on the issue of abatement costs. At the hearing on abatement costs, the Administrative Law Judge shall not consider any arguments or evidence relating to Respondent’s previously established liability for the violation. A Respondent’s liability has been previously established if:

An Administrative Law Judge has held a separate hearing on the violation and found the Respondent liable for the violation;

The Respondent has admitted liability; or

An Administrative Law Judge has found the Respondent in default.

2834.4 If liability has not been previously established, the Administrative Law Judge may consolidate the liability and abatement cost hearings in their sole discretion.

2834.5 If a Respondent does not file a timely request for a hearing on the District’s motion, the Administrative Law Judge may:

(a) Decide, based on the papers filed, whether the District is entitled to recover abatement costs and their amount; or

(b) Before deciding the issue, order the District and the Respondent to appear for a hearing on the issue.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2834

1 DCMR § 2835 INABILITY OF AN ADMINISTRATIVE LAW JUDGE TO PROCEED

2835.1 If a hearing has commenced or is completed and the assigned Administrative Law Judge is unable to proceed, another Administrative Law Judge may proceed in the case. The successor Administrative Law Judge shall certify that he or she is familiar with the record.

2835.2 If a recording of the hearing is unavailable, the successor Administrative Law Judge shall, if requested by any party, recall a witness whose testimony is material and disputed.

2835.3 The successor Administrative Law Judge may serve the parties with a proposed final order and allow the parties to file exceptions and present argument before issuing a final order.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2835

1 DCMR § 2836 RECUSAL; ETHICS COMPLIANCE

2836.1 Whether or not a party has moved for recusal, an Administrative Law Judge who has a personal bias or prejudice in favor of or against any party in an assigned case, or who has another good reason to recuse himself or herself from the case, shall proceed no further in the case, and the case shall be reassigned to another Administrative Law Judge. An Administrative Law Judge may recuse himself or herself from a case only if there is good reason to do so.

2836.2 Administrative Law Judges at all times shall comply with the OAH Code of Judicial Ethics, which shall be available to the public.

2836.3 A party to a case may file a motion to disqualify the presiding Administrative Law Judge for reasons that include, but are not limited to:

The Administrative Law Judge has a personal bias or prejudice concerning a party or a party's lawyer or other representative involved in the proceeding;

The Administrative Law Judge served as lawyer or representative in the matter in controversy, or a lawyer with whom the Administrative Law Judge practiced law served during such association as a lawyer concerning the matter, or the Administrative Law Judge or such lawyer has been a material witness concerning it;

The Administrative Law Judge has served in other governmental employment and in such capacity participated as counsel, adviser or material witness concerning the proceeding or expressed an opinion concerning the merits of the particular case in controversy;

The Administrative Law Judge, individually or as a fiduciary, or the Administrative Law Judge's spouse or minor child residing in the Administrative Law Judge's household, has a more than trivial financial interest in the subject matter in controversy or in a party to the proceeding, or any other interest that could be substantially affected by the outcome of the proceeding; or

The Administrative Law Judge or the Administrative Law Judge’s spouse or a person within the third degree of relationship to either of them or the spouse of such person:

Is a party to the proceeding, or an officer, director, or trustee of a party;

Is acting as a lawyer or representative in the proceeding;

Is known by the Administrative Law Judge to have an interest that could be substantially affected by the outcome of the proceeding; or

Is to the Administrative Law Judge’s knowledge likely to be a material witness in the proceeding.

2836.4 A motion to disqualify the presiding Administrative Law Judge shall:

Allege the specific facts and reasons upon which the movant relies as the grounds for disqualification. The moving party shall include all grounds for disqualification that are known at the time the motion is filed;

Identify the precise date when the facts constituting the grounds for the motion were discovered by the party or the party’s counsel;

Be filed within a reasonable time not to exceed fourteen (14) calendar days after discovery by the party or party’s counsel of the facts constituting the grounds for the motion. If a party discovers the grounds for disqualification within fourteen (14) calendar days of a scheduled hearing, the motion shall be filed as soon as practicable; and

Be sworn by the movant or include a legally sufficient affidavit stating the specific facts and evidence supporting the grounds for disqualification.

2836.5 For the purposes of this Rule, the following grounds are not legally sufficient to support a motion to disqualify:

Generalized, speculative, conclusory or unsubstantiated assertions of the grounds set forth in § 2836.3;

Complaints of bias or prejudice based on adverse rulings by the Administrative Law Judge or statements and opinions made while ruling on matters before the court;

Complaints of bias or prejudice that would not lead an objectively reasonable observer to conclude that recusal was required; or

Actions taken or statements made by an Administrative Law Judge while disciplining a party or counsel or taking corrective action in order to maintain control and decorum in the courtroom or hearing, unless such statements or actions rise to a level of hostility or unprofessionalism that an objective, reasonable person would acknowledge represents more than mere discipline.

2836.6 The challenged judge shall rule on the motion to disqualify by examining the legal sufficiency of the motion. The challenged judge shall not weigh the evidence or dispute the factual allegations. If the motion is deemed legally sufficient and is granted, the case shall be reassigned to a different Administrative Law Judge. If the motion is denied, judicial review may be sought in accordance with applicable law.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2836

1 DCMR § 2837 AMICUS CURIAE OR “FRIEND OF THE COURT”

2837.1 Any non-party having an interest in the issues in a case pending before OAH may move for leave to file an amicus curiae submission or to make an amicus curiae appearance, or an Administrative Law Judge may invite such a submission or appearance. The motion shall explain why the amicus curiae submission or appearance would be helpful to OAH.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 51 DCR 8606 (September 3, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 3838 (April 15, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2837

1 DCMR § 2838 CHIEF ADMINISTRATIVE LAW JUDGE RESPONSIBILITIES

2838.1 The Chief Administrative Law Judge or his or her designee may administer an oath of office to an Administrative Law Judge or other OAH employee.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 51 DCR 8606 (September 3, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 3838 (April 15, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2838

1 DCMR § 2839 [REPEALED]

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 51 DCR 8606 (September 3, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 3838 (April 15, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by Emergency and Proposed Rulemaking published at 52 DCR 8420 (September 9, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 11090 (December 23, 2005); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2839

1 DCMR § 2840 [REPEALED]

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 51 DCR 8606 (September 3, 2004); as amended by Emergency and Proposed Rulemaking published at 51 DCR 9322 (October 1, 2004) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 720 (January 28, 2005);as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by Emergency and Proposed Rulemaking published at 52 DCR 8420 (September 9, 2005) [EXPIRED; as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2840

1 DCMR § 2841 [REPEALED]

History

SOURCE: Final Rulemaking published at 58 DCR 10327, 10328 (December 9, 2011); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2841

1 DCMR § 2899 DEFINITIONS

For the purposes of this chapter the term:

Agency shall have the same meaning as the term is defined in D.C. Official Code § 2-502(3).

Civil Infractions Act means the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Official Code §§ 2-1801.01 - .05.

Clerk means the OAH Clerk of Court or authorized designee.

Commercial carrier means a business that accepts and delivers parcels, such as Federal Express or the United Parcel Service.

District of Columbia or District means the District of Columbia, or any government agency authorized by law to prosecute cases before OAH and whose administrative litigation falls under the jurisdiction of OAH, but does not include OAH.

Exhibit means a document, photograph, an audio or video recording, an electronic item, or any non-documentary or physical evidence filed with a paper, or offered into evidence at a proceeding.

In-person proceeding means a proceeding that is held in an OAH courtroom with all participants physically present in the same location.

Litter Control Administration Act means the Litter Control Administration Act of 1985, D.C. Official Code §§ 8-801 – 812.

Motion means a request for an Administrative Law Judge to take some action.

OAH Establishment Act means the Office of Administrative Hearings Establishment Act of 2001, D.C. Official Code §§ 2-1831.01 - .19.

Paper means any pleading, Notice of Infraction, Notice of Violation, motion, exhibit, witness list, brief, or any other written submission filed with OAH.

Party means persons or entities who begin a case at OAH or the persons or entities on the other side.

Presiding Administrative Law Judge means an Administrative Law Judge assigned to a particular case.

Respondent means the person or entity against whom the District seeks payment of a fine for a Notice of Infraction or a Notice of Violation.

Signature means (1) an electronic symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record; (2) a scanned version of an original signature that has been copied and pasted into a PDF document; or (3) a person’s name written in ink.

Teleconferencing means the use of a remote digital platform, used through an audio-only option, that sends audio signals over a transmission circuit so that two or more individuals can communicate with each other while in different physical locations.

Videoconferencing means the use of a remote digital platform that sends video, voice, and/or data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video codecs, monitors, cameras, audio microphones, and audio speakers.

History

SOURCE: Final Rulemaking published at 51 DCR 6399 (June 25, 2004); as amended by Final Rulemaking published at 51 DCR 8595 (September 3, 2004); as amended by Final Rulemaking published at 51 DCR 8606 (September 3, 2004); as amended by Emergency and Proposed Rulemaking published at 51 DCR 9322 (October 1, 2004) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 5675 (June 17, 2005); as amended by of Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024); as amended by Final Rulemaking published at 72 DCR 008051 (July 18, 2025). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2899

1-29 OFFICE OF ADMINISTRATIVE HEARINGS: RULES FOR DCPS & OSSE, DFHV, RENTAL HOUSING, PUBLIC SECTOR WORKERS' COMPENSATION, PUBLIC BENEFITS, AND UNEMPLOYMENT INSURANCE CASES

1 DCMR § 2900 DCPS AND OSSE HEARINGS – SCOPE

2900.1 Sections 2900 through 2909 shall govern procedures in cases referred to OAH by the District of Columbia Public Schools (DCPS) and by the District of Columbia Office of the State Superintendent of Education (OSSE).

2900.2 The Rules in Chapter 28 shall apply for procedural issues not addressed in §§ 2900 through 2909.

2900.3 OAH is not required to follow any other procedural rules adopted by DCPS or by OSSE in cases referred to OAH by DCPS or by OSSE.

History

SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011) [EXPIRED]; as amended by Final Rulemaking published at 59 DCR 3128 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2900

1 DCMR § 2901 DCPS STUDENT DISCIPLINE CASES – REFERRALS

2901.1 DCPS may refer a student discipline case to OAH, for an Administrative Law Judge to hold a hearing and to decide:

(a) The material facts;

(b) Whether required due process procedures, including notice and the opportunity to respond to the charges, have been followed or have been waived;

(d) Whether the facts show that the student committed any of the violations upon which a proposed disciplinary action is based; and

(e) The proper Tier for any violation shown, as specified in 5-B DCMR § 2502.

2901.2 DCPS shall refer a student discipline case by filing with OAH a copy of the notice of recommended action provided to the adult student, or a minor student’s parent or guardian. DCPS shall provide the adult student or minor student’s parent or guardian with a hearing notice that states:

The date and time of the hearing;

Directions for attending the hearing remotely (or the location of an in-person hearing);

The hearing rights of the adult student or the minor student’s parent or guardian; and

The consequences of failing to attend the hearing without a good reason.

History

SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011) [EXPIRED]; as amended by Final Rulemaking published at 59 DCR 3128 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2901

1 DCMR § 2902 DCPS STUDENT DISCIPLINE CASES – HEARINGS

2902.1 An adult student, or a minor student’s parent or guardian, may request DCPS or OAH to postpone the hearing for not more than five (5) school days, if necessary to prepare for the hearing or provide for the attendance of necessary parties or witnesses.

2902.2 The parties shall file exhibits and witness lists at least one (1) day before the hearing unless the party has a good reason for not doing so. DCPS shall provide an adult student or a minor student’s parent or guardian with any exhibits and witness lists when it issues the Notice of Hearing.

2902.3 DCPS shall allow an adult student, or a minor student’s parent or guardian, or a student’s attorney, to inspect and copy the student’s disciplinary file before the hearing upon request and consistent with any applicable laws or regulations.

2902.4 Prior to the hearing, DCPS shall make the student’s disciplinary file electronically available to OAH and to the adult student or to the minor student’s parent or guardian. Either party may move to introduce all or part of the disciplinary file into evidence at the hearing.

2902.5 The parties shall have all rights set forth in § 2823.5 at a hearing.

2902.6 An adult student or a minor student’s parent or guardian may select another person to represent a student at a hearing, in addition to the representatives listed in §§ 2808 and 2810. The representative shall be subject to §§ 2810.12 through 2810.14.

2902.7 The hearing shall be closed to the public unless the adult student or the minor student’s parent or guardian requests the hearing be open to the public.

2902.8 A party who fails to appear for a scheduled hearing may ask OAH, in writing, for a new hearing date. The request shall be filed within one (1) school day after the scheduled hearing date. The Administrative Law Judge may grant a new hearing date for good cause shown.

History

SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011) [EXPIRED]; as amended by Final Rulemaking published at 59 DCR 3128 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2902

1 DCMR § 2903 DCPS STUDENT DISCIPLINE CASES – DECISIONS

2903.1 After the close of the record in a student discipline case, the Administrative Law Judge shall issue Findings of Fact and Conclusions of Law on the issues identified in § 2901.1.

2903.2 The Administrative Law Judge shall issue the Findings of Fact and Conclusions of Law within one (1) school day after the close of the record. OAH shall provide copies to DCPS, to the adult student or minor student’s parent or guardian, and to any authorized representative.

2903.3 In all student discipline cases, DCPS shall be bound by the Administrative Law Judge’s Findings of Fact and Conclusions of Law and shall have no authority to reverse or modify the Findings of Fact or Conclusions of Law.

2903.4 If the Administrative Law Judge concludes that the student committed any of the violations upon which the disciplinary action is based, the Administrative Law Judge shall make a recommendation for the appropriate discipline within the Tier found to be proper, considering the factors in 5-B DCMR § 2502. OAH shall return the case to DCPS for it to decide the appropriate discipline.

2903.5 If the Administrative Law Judge concludes that due process was denied or that the student did not commit any of the violations upon which the disciplinary action is based, OAH shall return the case to DCPS for appropriate action.

2903.6 Because this Section requires that OAH return student discipline cases to DCPS for further action, the Administrative Law Judge’s decision is not a final disposition of the matter, and a statement of appeal rights is not required in accordance with § 2831.1.

History

SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011) [EXPIRED]; as amended by Final Rulemaking published at 59 DCR 3128 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2903

1 DCMR § 2904 DCPS STUDENT DISCIPLINE CASES – RECONSIDERATION

2904.1 Section 2830 of these Rules shall not apply to DCPS cases. If DCPS has not issued a final notice of disciplinary action, any party may file a written motion for reconsideration of the Findings of Fact and Conclusions of Law no later than one (1) school day after the date the decision is issued. A copy of any such motion shall be served on the opposing party. The presiding ALJ shall decide the motion within one (1) school day.

2904.2 If any party files a motion for reconsideration or for a new hearing, the Administrative Law Judge may change the Findings of Fact and Conclusions of Law or grant a new hearing where substantial justice requires, or for any reason including, but not limited to, the following:

(a) The party filing the motion did not attend the hearing, has a good reason for not doing so, and states an adequate claim or defense;

(b) The Findings of Fact and Conclusions of Law contain an error of law;

(d) New evidence has been discovered that previously was not reasonably available to the party filing the motion.

2904.3 If the adult student or minor student’s parent or guardian did not receive actual notice of the hearing and DCPS has issued a final notice of disciplinary action, the adult student or minor student’s parent or guardian may file a request for reconsideration with DCPS, and request that DCPS:

(a) Vacate the final notice;

(b) Refer the case back to OAH for a hearing, and

2904.4 DCPS may order a new hearing, or request OAH to decide whether to grant a new hearing, when deciding the request for reconsideration.

History

SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011) [EXPIRED]; as amended by Final Rulemaking published at 59 DCR 3128 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2904

1 DCMR § 2905 OSSE CONTESTED RESIDENCY CASES – REFERRALS

2905.1 OSSE may refer a contested residency case to OAH for a final decision.

History

SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011) [EXPIRED]; as amended by Final Rulemaking published at 59 DCR 3128 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2905

1 DCMR § 2906 OSSE CONTESTED RESIDENCY CASES – BEGINNING A CASE

2906.1 OSSE shall refer a contested residency case to OAH by filing a copy of the exclusion letter given to the student’s parent, custodian, guardian, or other primary caregiver and the request for review that OSSE received, along with a statement that OSSE requests OAH to hear and decide the case.

History

SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011) [EXPIRED]; as amended by Final Rulemaking published at 59 DCR 3128 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2906

1 DCMR § 2907 OSSE CONTESTED RESIDENCY CASES – HEARINGS

2907.1 In all contested residency cases, OAH shall set the hearing date and issue the hearing notice.

2907.2 The Rules in Chapter 28 shall apply to all hearings in contested residency cases, except that parties shall file and serve the witness lists and exhibit lists required by § 2823.2 no later than five (5) calendar days before the hearing date. All exhibits filed by OSSE shall be marked with numbers for identification beginning with 200.

2907.3 The student’s parent, custodian, guardian, or other primary caregiver who is claiming District of Columbia residency has the burden of proving the student’s residency status for the purpose of deciding whether the student may enroll in a District of Columbia public school tuition free.

History

SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011) [EXPIRED]; as amended by Final Rulemaking published at 59 DCR 3128 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2907

1 DCMR § 2908 OSSE CONTESTED RESIDENCY CASES – FINAL ORDERS

2908.1 The presiding Administrative Law Judge shall issue a final order in all contested residency cases, which shall include the statement of appeal rights required by § 2831.1.

History

SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011) [EXPIRED]; as amended by Final Rulemaking published at 59 DCR 3128 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2908

1 DCMR § 2909 DCPS AND OSSE CASES – CONFIDENTIALITY OF THE RECORD

2909.1 The OAH record in any case referred by DCPS or by OSSE shall be confidential. Only the following persons shall have access to that record:

(a) The adult student or the adult student’s representative;

(b) The minor student’s parent, guardian, or representative;

(d) School officials with a legitimate official interest; and

(e) The student’s parent, custodian, or other primary caregiver claiming District of Columbia residency, or their representative in a contested residency case.

History

SOURCE: Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011) [EXPIRED]; as amended by Final Rulemaking published at 59 DCR 3128 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2909

1 DCMR § 2910 DFHV HEARINGS – SCOPE

2910.1 Sections 2910 through 2913 shall govern procedures in cases adjudicated by OAH for Notices of Infraction issued by the District of Columbia (“District’) that are enforced by the District of Columbia Department of For-Hire Vehicles (DFHV).

2910.2 The Rules in Chapter 28 shall apply for procedural issues not addressed in §§ 2910 through 2913.

History

SOURCE: Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2910

1 DCMR § 2911 DFHV – BEGINNING A CIVIL FINE CASE

2911.1 When the District is seeking civil fines or sanctions under the District of Columbia Department of For-Hire Vehicles Establishment Act of 1985 (D.C. Official Code §§ 50-301.01 - .34) (“DFHV Act”):

The issuing agency of the Notice of Infraction may file it by entering it in the automatic ticket database presently maintained by the Department of Motor Vehicles (DMV). The day the Notice of Infraction data is entered into the DMV database shall be deemed the date of filing of the Notice of Infraction with OAH;

If the issuing agency serves a Notice of Infraction by first-class mail, it may not file the Notice of Infraction with OAH until it submits proof of delivery. When the issuing agency serves the Notice of Infraction by first-class mail, it shall also file an affidavit, on a form approved by the Chief Administrative Law Judge, verifying that the United States Postal Service (USPS) did not return the Notice of Infraction to the issuing agency;

If DFHV issues a Notice of summary or proposed denial, revocation, suspension or modification of a license, a Notice to cease and desist, or a Notice to take action, DFHV shall file the Notice with OAH promptly and serve it in the manner provided under the DFHV Act and implementing regulations. OAH shall schedule a hearing as required by law or on the request of the Respondent; or

If DFHV takes other actions under the DFHV Act or implementing regulations appealable to OAH, DFHV shall file the relevant Notice, Order, or Action with OAH and serve it in the manner provided under the DFHV Act and implementing regulations. If the DFHV Act and implementing regulations do not specify a manner of service, DFHV shall follow paragraph (b) of this Subsection.

2911.2 The signature of an issuing officer shall not be required on a Notice of Infraction issued from a hand-held electronic device; provided, that the officer's printed name, department, and badge number appear legibly on the face of the Notice of Infraction.

History

SOURCE: Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2911

1 DCMR § 2912 DFHV – ANSWERS IN CIVIL FINE CASES

2912.1 In DFHV cases filed in the DMV automatic ticket database, the Respondent shall answer a Notice of Infraction (“Notice”) according to the instructions on the back of the Notice. The Respondent’s answer shall indicate whether the response to the Notice is Admit, Admit with Explanation, or Deny.

2912.2 The issuing agency shall have access to answers of Deny or Admit with Explanation in DFHV cases filed in the DMV automatic ticket database.

2912.3 In DFHV cases filed in the DMV automatic ticket database, OAH shall notify the issuing agency in writing of the hearing date and time selected by Respondent, either in writing or by calendaring the hearing in the DMV database. If Respondent does not select the date and time of the hearing, OAH shall notify the Respondent in writing of the date and time of the hearing.

2912.4 At least five (5) calendar days before any hearing date, the Respondent shall file with OAH copies of all exhibits that the Respondent intends to ask the Administrative Law Judge to consider at the hearing in the DMV database. An Administrative Law Judge may allow a Respondent to use exhibits at a hearing that the Respondent did not file or provide to the issuing agency before the hearing if there is no prejudice to the issuing agency.

2912.5 In DFHV cases filed in the DMV automatic ticket database, Respondent may file any materials supporting the answer of Admit with Explanation as to why the Respondent believes the Administrative Law Judge should reduce or suspend any fine or penalty through the DMV database.

2912.6 The issuing agency has access to the answer of Admit with Explanation and Respondent’s supporting materials through the DMV database. DFHV shall file any reply to the answer in the DMV database within twenty-one (21) days of the filing of the answer and shall also provide any reply to the Respondent.

2912.7 OAH shall schedule a hearing as required by law or on the request of the Respondent in a case involving a denial, revocation, suspension, or modification of a license issued under the DFHV Act; or any other order or action authorized under the DFHV Act, other than a Notice of Infraction. If the Respondent requests a hearing, OAH shall schedule the hearing as required by law or as soon as practicable. If DFHV does not appear for a hearing, the Administrative Law Judge may suspend the hearing and close the case.

History

SOURCE: Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2912

1 DCMR § 2913 DFHV – DEFAULTS IN CIVIL FINE CASES

2913.1 In DFHV cases filed under § 2911.1(b), if the USPS returns to the Clerk’s office a default order that was mailed to Respondent for reasons that call into question the accuracy of any affidavit filed under § 2911.1(b), (for example, “no such address,” “addressee unknown”), an Administrative Law Judge may issue an order requiring the issuing agency to show why the default order should not be vacated. If the issuing agency does not respond with sufficient evidence showing that it mailed the Notice to a valid address for the Respondent, the default order shall be vacated and the Notice of Infraction shall be dismissed.

2913.2 The default procedure shall be consistent with the applicable law in default cases brought under the DFHV Act and shall ensure that:

(a) There is sufficient evidence of proper service on the Respondent; and

(b) The charging document meets all legal requirements on its face.

2913.3 A Respondent who fails to answer shall be held in default and shall pay the legally authorized fine and penalty. If the Administrative Law Judge does not find the Respondent in default, the Administrative Law Judge shall dismiss the Notice without prejudice.

History

SOURCE: Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2913

1 DCMR § 2920 RENTAL HOUSING CASES – SCOPE

2920.1 Sections 2920 through 2942 shall govern procedures in rental housing cases, including rent stabilization cases under the Rental Housing Act and conversion and sale cases under the Rental Housing Conversion and Sale Act, at OAH.

2920.2 The Rules in Chapter 28 shall apply for procedural issues not addressed in §§ 2920 through 2942.

History

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2920

1 DCMR § 2921 RENTAL HOUSING CASES – BEGINNING A CASE

2921.1 A party may begin a rent stabilization case by filing a petition with the Rent Administrator in accordance with 14 DCMR § 3901.

2921.2 For conversion and sale cases,

An aggrieved owner, tenant, or tenant organization may begin a conversion or sale case by filing a petition for declaratory relief with the Conversion and Sale Administrator in accordance with § 503a of the Rental Housing Conversion and Sale Act, D.C. Official Code § 42-3405.03a.

A party aggrieved by the rejection of an application pursuant to the Rental Housing Conversion and Sale Act may begin a case by filing a petition for reconsideration with the Conversion and Sale Administrator in accordance with § 504 of the Rental Housing Conversion and Sale Act, D.C. Official Code § 42-3405.04.

A party aggrieved by a temporary cease and desist order from unlawful practices under the Rental Housing Conversion and Sale Act may begin a case by filing a request for a hearing with the Conversion and Sale Administrator in accordance with § 506 of the Rental Housing Conversion and Sale Act, D.C. Official Code § 42-3405.06.

An owner aggrieved by the revocation of certification for conversion, or a tenant association aggrieved by the revocation of registration of a tenant organization, may begin a case by filing a request for a hearing with the Conversion and Sale Administrator in accordance with § 507 of the Rental Housing Conversion and Sale Act, D.C. Official Code § 42-3405.07.

2921.3 The timeliness of the filing of any petition shall be measured from the date the Rent Administrator or the Conversion and Sale Administrator receives the petition for filing.

2921.4 For rent stabilization cases, the Rent Administrator may refuse to accept for filing a petition for rent stabilization cases as provided in 14 DCMR § 3901.

2921.5 After receiving the filing of a petition or request, the Rent Administrator or the Conversion and Sale Administrator shall forward the petition or request and all accompanying papers to OAH, together with a copy of the registration statement for the housing accommodation.

2921.6 When OAH receives a petition or request from the Rent Administrator or the Conversion and Sale Administrator, OAH shall open the case. The parties then shall file all papers and attachments at OAH in accordance with § 2811.

History

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2921

1 DCMR § 2922 Rental Housing Cases – Parties

2922.1 Any petition or request that is filed on behalf of more than one person or entity shall individually name each person or entity.

2922.2 When neither the claim asserted nor the relief requested requires the participation of the individual tenant member, any tenant association may file and shall be granted party status to prosecute or defend a petition on behalf of any one or more of its members who have provided the association with written authorization to represent them in the action, or to seek on behalf of all members any relief available under the Rental Housing Act or the Rental Housing Conversion and Sale Act, as applicable.

2922.3 In order to establish the requisite standing to assert a claim in its name on behalf of its authorizing members in accordance with the Rental Housing Act or the Conversion and Sale Act, a tenant association that seeks to be named as a party in a petition or request shall file, along with the petition or request:

(a) A list of all tenants who are members of the tenant association and parties to the petition or request, including each member’s full name and unit number;

(b) Proof of tenancy for each tenant who is a member of the tenant association and seeks to be represented by it, by rent receipt, cancelled check, copy of lease agreement, or any other documentation accepted by the Rental Accommodations Division or the Rental Conversion and Sale Division, as applicable; and

(c) Written authorization from each tenant who is a member of the tenant association and seeks to be a party, giving the tenant association permission to represent the tenant.

2922.4 No inquiry into the membership of the association beyond the information required by § 2922.3 shall be permitted. Failure to provide the information in § 2922.3 is grounds to deny party status to a tenant association.

2922.5 Any tenant association that is a party to the action pursuant to § 2922.2 shall be listed in the caption.

2922.6 For rent stabilization cases, the housing provider as listed on the registration statement, if any, shall be a party, and shall be named in the caption. If a managing agent represents the housing provider in the proceeding, the managing agent also shall be a party, and shall be identified as the managing agent and named in the caption.

2922.7 For rental housing conversion and sale cases, in a petition for declaratory relief against an owner, the owner as listed on the certification statement for conversion or on the offer of sale, if any, shall be a party, and shall be named in the caption.

History

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by Final Rulemaking published at 56 DCR 9553 (December 25, 2009); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2922

1 DCMR § 2923 RENTAL HOUSING CASES – SENDING NOTICE

2923.1 OAH shall notify the parties of proceedings by first-class mail or by email.

2923.2 For rent stabilization cases, OAH shall mail a copy of any tenant petition by first-class mail or by email to any adverse party named in the tenant petition and to the housing provider listed on the registration statement for the housing accommodation.

2923.3 For rent stabilization cases, a housing provider who files a petition shall provide for each tenant in the housing accommodation one copy of the petition and one envelope addressed to each tenant by name, address, and rental unit, with first class mail postage prepaid. The envelope shall bear OAH’s return address unless the housing provider files a hardship petition or voluntary agreement. The envelopes for those petitions shall bear the return address of the Rent Administrator.

2923.4 For rent stabilization cases, if a housing provider files a petition for a building with ten (10) or more rental units, the housing provider shall provide a hard copy and computer file of a service list containing the name, address, and rental unit for each tenant. The computer file shall be in Microsoft Word format, arranged so that the list may be printed onto labels measuring one inch by two and five-eighths (2 5/8) inches.

2923.5 For conversion and sale cases involving a petition for declaratory relief against an owner, OAH shall mail a copy of any petition by first-class mail or by email to any adverse party named in the petition and, if needed, to the owner listed on the certification statement for conversion or on the offer of sale.

History

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by Final Rulemaking published at 56 DCR 9553 (December 25, 2009); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2923

1 DCMR § 2924 RENTAL HOUSING CASES – SERVICE

2924.1 For rent stabilization cases, every paper filed at OAH shall be served in accordance with § 904 of the Rental Housing Act (D.C. Official Code § 42-3509.04), as follows:

(a) By handing the paper to the person, by leaving it at the person’s place of business with some responsible person in charge, or by leaving it at the person’s usual place of residence with a person of suitable age and discretion;

(b) By telegram, when the content of the information or document is given to a telegraph company properly addressed and prepaid;

(d) By any other means that is in conformity with an order of the Rental Housing Commission (Commission) or OAH in any proceeding.

2924.2 For conversion and sale cases, every paper filed at OAH shall be served in accordance with § 508 of the Rental Housing Conversion and Sale Act (D.C. Official Code § 42-3405.08), which allows papers to be served by registered mail or in any other authorized manner reasonably calculated to give actual notice.

History

SOURCE: Final Rulemaking published at 53 DCR 5674, 5676 (July 14, 2006); as amended by the Tenant Organization Petition Standing Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-226; 57 DCR 6920, 692 1 (August 6, 2010)); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2924

1 DCMR § 2925 RENTAL HOUSING CASES – CALCULATING DEADLINES

2925.1 Section 2813 shall govern the calculation of deadlines. For rent stabilization cases, the timeliness of any appeal to the Commission shall be governed by the Commission Rules in 14 DCMR § 3802.

History

SOURCE: Final Rulemaking published at 53 DCR 5674, 5676 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12577 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2925

1 DCMR § 2926 RENTAL HOUSING CASES – CONCILIATION, ARBITRATION, AND MEDIATION

2926.1 For rent stabilization cases, the parties may request conciliation or arbitration of any dispute by the RAD in accordance with its regulations.

2926.2 The parties may request, or an Administrative Law Judge may order, mediation of any dispute pursuant to § 2820.

History

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2926

1 DCMR § 2927 Rental Housing Cases – Substitution or Addition of Parties

2927.1 An Administrative Law Judge may substitute or add a party under § 2807.1 if: a party dies; a party entity is dissolved or reorganized; a party entity’s ownership or interest changes; or, for rent stabilization cases, an amended registration statement for the housing accommodation is filed under 14 DCMR § 4103.

2927.2 If a party has been incorrectly named, the Administrative Law Judge may substitute or add the correct party under § 2807.1.

History

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2927

1 DCMR § 2928 Rental Housing Cases – Intervenors

2928.1 Sections 2807.2 and 2807.3 shall govern motions for intervention.

History

SOURCE: Final Rulemaking published at 53 DCR 5674, 5678 (July 14, 2006); as amended by Final Rulemaking published at 56 DCR 9553 (December 25, 2009); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2928

1 DCMR § 2929 Rental Housing Cases – AMENDMENT OF PETITIONS, Consolidation of Petitions and Expanding the Scope of a Proceeding

2929.1 An Administrative Law Judge may consolidate (join) two (2) or more petitions if they present identical or similar issues, involve the same rental unit or housing accommodation, or involve other circumstances in which consolidation would be expedient and would not prejudice the parties. A party may file a motion to consolidate, or an Administrative Law Judge may consolidate, cases on his or her own motion.

2929.2 If the Administrative Law Judge determines that the issues raised in a petition or request may affect other tenants or all tenants in the housing accommodation, the Administrative Law Judge may expand the scope of the proceeding to include all affected tenants.

2929.3 Before expanding the scope of the proceeding, the Administrative Law Judge shall provide notice to the affected tenants and the housing provider or owner.

2929.4 Notice under § 2929.3 shall state the issues to be decided and shall advise the tenants that they have a right to participate in the proceedings and that any decision shall be binding on them.

2929.5 Tenants and the housing provider or owner may present arguments in support of or opposition to expanding the scope of the proceeding.

2929.6 A party may amend a petition to add additional allegations after the petition has been transferred to OAH, but before the hearing concludes, by moving to amend the petition with the presiding Administrative Law Judge. The motion shall state the allegations to be added and the factual basis for those allegations. No written motion to amend shall be considered unless it recites that the movant sought to obtain the consent of parties affected, and that the consent was granted or denied, including the identity of the party or parties who declined to consent. If the movant does not obtain a response from the opposing party, the movant shall demonstrate that the movant made a good faith effort in accordance with § 2817.5.

2929.7 In determining whether a motion to amend a petition should be granted, the Administrative Law Judge shall consider:

(a) the number of requests to amend;

(b) the length of time that the case has been pending;

(d) the merit of the proffered amendment;

(e) any prejudice to the non-moving party; and

(f) the orderly administration of justice.

History

SOURCE: Final Rulemaking published at 53 DCR 5674, 5678 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12578 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2929

1 DCMR § 2930 RENTAL HOUSING CASES – HEARINGS

2930.1 A petition received by OAH shall be treated as a request for a hearing. OAH shall schedule a status conference, a hearing, or mediation after receiving the petition. OAH shall notify the parties of the hearing date and of their right to obtain a lawyer at least fifteen (15) calendar days before a hearing.

2930.2 An Administrative Law Judge may dismiss any petition or any claim in a petition without holding a hearing if the Rental Housing Act or the Rental Housing Conversion and Sale Act, as applicable, does not provide relief for the claim(s). The Administrative Law Judge shall first give the parties notice and an opportunity to respond.

History

SOURCE: Final Rulemaking published at 53 DCR 5674, 5678 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12579 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2930

1 DCMR § 2931 RENTAL HOUSING CASES – RENT ADMINISTRATOR’S SHOW CAUSE ORDERS

2931.1 For rent stabilization cases, if the Rent Administrator concludes after investigation that a housing provider has violated the Rental Housing Act, the Rent Administrator may file an order to show cause with OAH and shall serve the housing provider with a copy of the order to show cause.

2931.2 The order to show cause shall specify the sections of the Rental Housing Act or rules that the housing provider has allegedly violated and shall describe the evidence that supports the Rent Administrator’s assertions and the proposed corrective action or sanction.

2931.3 Once the Rent Administrator files the order to show cause, the case shall proceed under this chapter.

History

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2931

1 DCMR § 2932 RENTAL HOUSING CASES – BURDEN OF PROOF

2932.1 The proponent of an order shall have the burden of proof.

2932.2 For rent stabilization cases:

The tenant has the burden to prove the claims alleged in a tenant petition except that the housing provider has the burden to prove entitlement to any exemption under the Rental Housing Act.

The housing provider has the burden to prove the claims alleged in a housing provider petition.

In show cause hearings in rent stabilization cases, the burden of proof shall rest on the Rent Administrator.

In retaliation cases, the tenant has the burden of proving that retaliation occurred or that a presumption applies. If a presumption applies, then the housing provider has the burden to rebut the presumption by clear and convincing evidence.

In security deposit cases, if the tenant seeks an order to have the security deposit returned, the tenant shall prove the amount of the security deposit paid and that the security deposit was not returned. If the housing provider seeks an order to withhold all or a portion of the security deposit, the housing provider shall prove the reasons for the withholding.

2932.3 For conversion and sale cases:

In cases involving petitions for declaratory relief, the petitioner has the burden to prove the claims alleged in the petition.

In cases involving the rejection of an application, a temporary cease and desist order, or the revocation of a certificate or registration, the agency has the burden to prove facts justifying the action.

2932.4 Unless otherwise provided by law, a party shall prove each fact essential to his or her claim by a preponderance of the evidence so that the Administrative Law Judge finds that it is more likely than not that each fact is proven.

History

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2932

1 DCMR § 2933 RENTAL HOUSING CASES – PAPERS FILED WITH THE RAD, CASD, OR OTHER AGENCIES

2933.1 Any party shall introduce a copy of that document into evidence the party who wishes the Administrative Law Judge to consider a document that is on file with the RAD, Conversion and Sale Division (CASD), or any other District of Columbia agency. The Administrative Law Judge shall admit the document into evidence if he or she finds that it is relevant and is an accurate copy of a document on file with the RAD, CASD, or other agency.

2933.2 A party can establish that a document is an accurate copy of a document on file with RAD, CASD, or other agency by:

(a) Providing a copy with a legible original file stamp;

(b) Providing a copy with a legible copy of the original file stamp;

(c) Providing a copy certified by the Rent Administrator, Conversion and Sale Administrator, or an authorized employee of RAD or CASD;

(d) Providing testimony or other evidence that the Administrative Law Judge finds satisfactory; or

(e) Consent of all parties to the admission of the document into evidence.

History

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2933

1 DCMR § 2934 RENTAL HOUSING CASES – SUBPOENAS AND DISCOVERY

2934.1 In rent stabilization cases, the Clerk shall issue no more than three subpoenas to the tenant side and no more than three (3) subpoenas to the housing provider side under § 2824.5 to compel:

(a) The appearance at a hearing of any witnesses, including housing inspectors, with knowledge of conditions, repairs, or maintenance in a party’s rental unit or any common areas for the three-year (3) period immediately before the filing of the petition with the Rent Administrator;

(b) The production at or before a hearing of all records not created by a government agency, relating to conditions, repairs, or maintenance to a party’s rental unit or any common areas for the three-year (3) period immediately before the filing of the petition with the Rent Administrator;

(c) The production at or before a hearing of housing violation notices in the possession of the District of Columbia Department of Buildings or the District of Columbia Department of Licensing and Consumer Protection relating to a party’s rental unit or any common areas for the three-year (3) period immediately before the filing of the petition with the Rent Administrator; and

(d) The production at or before a hearing of all records in a housing provider’s possession relating to any rent increases demanded or implemented for a party’s rental unit for the three-year (3) period immediately before the filing of the petition with the Rent Administrator.

2934.2 Section 2824 shall apply to all other subpoenas for witnesses and documents at hearings in rental housing cases.

2934.3 Section 2821 shall apply to discovery in all rental housing cases.

History

SOURCE: Final Rulemaking published at 53 DCR 5674, 5679 (July 14, 2006); as amended by Final Rulemaking published at 56 DCR 5242 (July 3, 2009); as amended by Final Rulemaking published at 57 DCR 12541, 12580 (December 31, 2010) as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2934

1 DCMR § 2935 RENTAL HOUSING CASES – REPRESENTATION

2935.1 Persons authorized to appear before OAH by §§ 2808 and 2810 may represent parties in rental housing cases.

2935.2 A tenant association may represent one or more tenants in any proceeding as follows:

(a) A statement shall be filed with OAH stating that the tenant consents to representation by the tenant association and the tenant association consents to represent the tenant;

(b) A tenant or a tenant association may revoke the consent by filing a statement to that effect;

(c) A tenant association shall designate one or more members or attorneys to represent the association and any of the tenants it represents;

(d) A tenant association may elect to proceed only in a representative capacity without being listed as a party or listed in the caption.

2935.3 The provisions of §§ 2808 and 2810 concerning discipline of persons appearing before OAH shall apply to all representatives in rental housing cases.

2935.4 If an Administrative Law Judge decides that a proceeding is so complex, or the potential liability is so great that a party should be represented by a lawyer, the Administrative Law Judge shall explain to the party the advantages of obtaining a lawyer and offer to continue the case to give the party an opportunity to obtain a lawyer.

History

SOURCE: Final Rulemaking published at 53 DCR 5674, 5680 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12581 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2935

1 DCMR § 2936 Rental Housing Cases – Appeals BEFORE A FINAL ORDER IN RENT STABILIZATION CASES

2936.1 An Administrative Law Judge’s rulings in a rent stabilization proceeding ordinarily may not be appealed to the Commission until a final order is issued. Before a final order is issued, a party may appeal an order of the Administrative Law Judge only if the Administrative Law Judge certifies the ruling for appeal to the Commission.

2936.2 A party may move the Administrative Law Judge to certify to the Commission an appeal of any ruling other than a final order. Such an appeal is an “interlocutory appeal.”

2936.3 The Administrative Law Judge shall certify a ruling for interlocutory appeal only if he or she determines that the issue presented is of such importance to the proceeding that it requires the immediate attention of the Commission, and only if the following are shown:

(a) The ruling involves an important question of law or policy requiring interpretation of the Rental Housing Act, and about which there is substantial basis for difference of opinion; and

(b) Either of the following applies:

(1) An immediate ruling will materially advance the completion of the proceeding; or

(2) Denial of an immediate ruling will cause undue harm to the parties or the public.

2936.4 A party seeking review by interlocutory appeal shall file a motion for certification within five (5) calendar days of service of a ruling by the Administrative Law Judge. The opposing party shall have five (5) calendar days in which to respond. Unless extended by a written order, the Administrative Law Judge shall rule on the motion within ten (10) calendar days following the filing of any response.

2936.5 If the Administrative Law Judge declines to certify a ruling, the Commission may review that ruling on appeal from a final order.

2936.6 The Administrative Law Judge may stay the proceeding while an interlocutory appeal is pending.

History

SOURCE: Final Rulemaking published at 53 DCR 5674, 5680 (July 14, 2006); as amended by Final Rulemaking published at 56 DCR 9553, 9554 (December 25, 2009); as amended by Final Rulemaking published at 57 DCR 12541, 12581 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2936

1 DCMR § 2937 RENTAL HOUSING CASES – INITIAL DECISIONS AND FINAL ORDERS

2937.1 For rent stabilization cases, after the close of the record in a case involving a tenant or housing provider petition, the Administrative Law Judge shall issue a final order.

2937.2 For rental housing conversion and sale cases, after the close of the record in cases involving petitions for declaratory relief pursuant to D.C. Official Code § 42-3405.03a, the Administrative Law Judge shall issue a final order.

2937.3 For rental housing conversion and sale cases, after the close of the record in cases involving the rejection of applications pursuant to D.C. Official Code § 42-3405.04, temporary cease and desist orders pursuant to D.C. Official Code § 42-3405.06, or a revocation of certifications or registrations pursuant to D.C. Official Code § 42-3405.07, the Administrative Law Judge shall issue an initial decision, pursuant to D.C. Code § 42–3405.08.

2937.4 OAH shall serve all initial decisions or final orders, as applicable, on the parties by first-class mail or by email. OAH shall also serve:

For rent stabilization cases, OAH also shall serve all final orders on the Rent Administrator and the Commission; or

For conversion and sale cases, OAH shall serve all initial decisions and final orders on the Conversion and Sale Administrator.

History

SOURCE: Final Rulemaking published at 53 DCR 5674, 5681 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12582 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2937

1 DCMR § 2938 RENTAL HOUSING CASES – REQUESTING RECONSIDERATION, A NEW HEARING, OR RELIEF FROM A FINAL ORDER

2938.1 Motions for reconsideration of an initial decision, reconsideration of a final order, a new hearing, or relief from a final order shall be decided in accordance with § 2830.

2938.2 For rental housing conversion and sale cases, any party may request reconsideration of an initial decision issued pursuant to D.C. Official Code § 42–3405.08.

2938.3 (a) Motions for reconsideration of an initial decision shall be filed with OAH

within ten (10) calendar days of the date of service of the initial decision.

(b) If any party files a motion for reconsideration of an initial decision within the ten (10) calendar day deadline, the Conversion and Sale Administrator cannot issue a final decision for purposes of appeal to the D.C. Court of Appeals until the Administrative Law Judge rules on the motion.

2938.4 If any party files a motion for reconsideration or for a new hearing within the ten (10) calendar day deadline specified in § 2830.3, an Order shall not be final for purposes of appeal to the Commission or the D.C. Court of Appeals, as applicable, until the Administrative Law Judge rules on the motion. The motion shall state whether an appeal has been filed with the Commission or the D.C. Court of Appeals, as applicable. If an appeal has been filed, OAH has no jurisdiction to decide the motion absent a remand for that purpose.

2938.5 Any motion for relief from final order has no effect on the deadline for appealing to the Commission or the D.C. Court of Appeals, as applicable. If an appeal has been filed, OAH has no jurisdiction to decide a motion for relief from final order absent a remand for that purpose.

History

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2938

1 DCMR § 2939 RENTAL HOUSING CASES – APPEALS

2939.1 For rent stabilization cases, the Administrative Law Judge’s final order is appealable to the Commission. A party shall file a petition for review by the Commission within ten (10) business days of the date of service of the final order.

2939.2 For conversion and sale cases,

In cases involving the rejection of applications pursuant to D.C. Official Code § 42-3405.04, temporary cease and desist orders pursuant to D.C. Official Code § 42-3405.06, or a revocation of certifications or registrations pursuant to D.C. Official Code § 42-3405.07, the Administrative Law Judge’s initial decision is not appealable to the D.C. Court of Appeals. If no party requests reconsideration within the ten (10) calendar day deadline, or following an Administrative Law Judge’s decision on reconsideration, the Conversion and Sale Administrator shall adopt and render the initial decision as a final decision and serve upon each party a final order pursuant to D.C. Official Code § 42-3405.08. The Conversion and Sale Administrator’s final order is appealable to the D.C. Court of Appeals;

In cases involving petitions for declaratory relief pursuant to D.C. Official Code § 42-3405.03a, the Administrative Law Judge’s final order is appealable to the D.C. Court of Appeals; and

For all appealable final orders, a party shall file a petition for review in the D.C. Court of Appeals within fifteen (15) calendar days of the date of service of the final order.

History

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2939

1 DCMR § 2940 RENTAL HOUSING CASES – OFFICIAL RECORD OF A PROCEEDING

2940.1 The official record of a proceeding shall consist of the following:

(a) The final order and any other orders or notices of the Administrative Law Judge;

(b) The recordings or any transcripts of the proceedings before the Administrative Law Judge;

(d) All papers filed by the parties or the Rent Administrator or Conversion and Sale Administrator, as applicable, at OAH.

2940.2 Documents attached to a petition or other filings shall be offered and received in evidence at a hearing before the Administrative Law Judge can use them to establish facts.

History

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2940

1 DCMR § 2941 Rental Housing Cases – Attorney’s Fees IN RENT STABILIZATION CASES

2941.1 All motions for an award of attorney’s fees shall be filed within thirty (30) calendar days of service of the final order. But if a timely motion for reconsideration is filed, a motion for an award of attorney’s fees shall be filed within thirty (30) days of the service date of the order deciding the motion.

2941.2 The motion shall state whether an appeal has been filed with the Commission. If an appeal has been filed, OAH has no jurisdiction to decide the motion and it shall be held in abeyance until all appeals of the final order are exhausted.

2941.3 If a party did not prevail before OAH but does so in an appeal to the Commission without remand, the party may file a motion for attorney’s fees incurred before OAH within thirty (30) calendar days of the service date of the Commission’s decision.

2941.4 A party moving for an award of attorney’s fees has the burden of proving the amount of the award with substantial evidence of the hours of services provided and the rates charged for those services. Motions for attorney’s fees shall be decided in accordance with the Commission’s standards as provided in Title 14 of the DCMR.

History

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by the Tenant Organization Petition Standing Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-226; 57 DCR 6920, 6921 (August 6, 2010)); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2941

1 DCMR § 2942 Rental Housing Cases – Interest on Security Deposits IN RENT STABILIZATION CASES

2942.1 In any case in which a tenant claims entitlement to interest on a security deposit under D.C. Official Code § 42-3502.17(b), the tenant shall produce evidence of the amount of the security deposit that was given to the housing provider, the date on which it was given, and amount of interest, if any, paid to the tenant.

2942.2 If the tenant meets the requirements of § 2924.1, the housing provider shall produce evidence of the amount of interest that was earned on the security deposit.

2942.3 If the housing provider fails to produce evidence of the amount of interest that was earned, or the security deposit was not held in an interest-bearing account, the Administrative Law Judge shall compute interest by applying the Superior Court of the District of Columbia judgment rate prevailing on January 1st and on July 1st for each six-month (6) period (or part thereof) of the tenancy.

History

SOURCE: Final Rulemaking published at 53 DCR 5674 (July 14, 2006); as amended by the Tenant Organization Petition Standing Amendment Act of 2010, effective September 24, 2010 (D.C. Law 18-226; 57 DCR 6920, 6921 (August 6, 2010)); as amended by Final Rulemaking published at 57 DCR 12541 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2942

1 DCMR § 2950 PUBLIC SECTOR WORKERS’ COMPENSATION CASES – SCOPE

2950.1 Sections 2950 through 2956 shall govern OAH hearings of appeals of certain Public Sector Workers’ Compensation decisions of the District of Columbia Office of Risk Management (ORM).

2950.2 The Rules in Chapter 28 shall apply for procedural issues not addressed in §§ 2950 through 2956.

2950.3 OAH shall hear the following appeals from ORM:

Initial awards for or against compensation benefits pursuant to D.C. Official Code § 1-623.24(b);

Appeals of overpayment determinations under D.C. Code § 1-623.29(b-1)(1);

Modifications of awarded benefits pursuant to D.C. Official Code § 1-623.24(d); and

Requests for determinations of whether a claimant has a permanent disability pursuant to D.C. Official Code § 1-623.06a.

History

SOURCE: Final Rulemaking published at 64 DCR 6616 (July 14, 2017); as amended by Final Rulemaking published at 68 DCR 010559 (October 8, 2021); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2950

1 DCMR § 2951 PUBLIC SECTOR WORKERS’ COMPENSATION — BEGINNING A CASE

2951.1 Appeals shall be initiated by filing a written hearing request at OAH. The request may be made on a form supplied by the Public Sector Workers’ Compensation Program (the Program) and approved by OAH. A hearing request shall contain:

The name, address, and email address of the claimant and of the claimant’s representative, if any;

The type of claim;

Claimant’s employing agency when the injury occurred;

A statement that the person signing the hearing request has read it and attests that the contents are true and accurate to the best of his or her knowledge;

The signature of the claimant or the claimant’s representative, if any;

The specific nature and extent of the relief sought;

A statement that the person signing the hearing request has read it and attests that the contents are true and accurate to the best of his or her knowledge; and

The signature of the claimant of the claimant’s representative, if any.

2951.2 A hearing request shall be accompanied by a copy of the decision being appealed or a copy of the Notice of Benefits Cap for appeals under D.C. Official Code § 1-623.06a if one has been issued.

2951.3 The claimant or claimant’s representative shall sign the request for hearing and file it with OAH within thirty (30) days of service of the decision. Section 2811 prescribes procedures for filing.

2951.4 No hearing request shall exceed fifteen (15) pages, exclusive of the cover page. The Clerk may reject hearing requests that do not conform to these Rules.

2951.5 The presiding Administrative Law Judge may excuse a claimant’s failure to comply with the specific requirements of this Section.

History

SOURCE: Final Rulemaking published at 64 DCR 6616 (July 14, 2017); as amended by Final Rulemaking published at 68 DCR 010559 (October 8, 2021); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2951

1 DCMR § 2952 PUBLIC SECTOR WORKERS’ COMPENSATION — SCHEDULING

2952.1 After a hearing request is filed, OAH shall send a copy to the Program and may issue a scheduling order for a status conference. At the status conference, the Administrative Law Judge shall ordinarily issue an order establishing deadlines for the following discovery and hearing activities:

(a) Serving and filing of Discovery Requests, including designation of expert witnesses and exchange of witness reports, if any;

Scheduling of depositions of the parties and witnesses;

Close of Discovery;

Filing of a Joint Pre-Hearing Statement, including designation of all witnesses that a party proposes to call at the hearing and a list of all exhibits the party proposes to offer into evidence. Copies of all proposed exhibits shall be served on the other party and filed with the Court together with the Joint Pre-Hearing Statement;

Deadline for any Motions in Limine and responses;

Date and time of the Pre-Hearing Conference; and

Date and time of the Hearing.

2952.2 The following provisions shall be deadlines for Discovery:

Discovery Requests. No interrogatories, requests for admission, requests for production or inspection, or other discovery requests may be served after the deadline for discovery requests without approval of an Administrative Law Judge;

Depositions. Depositions for any purpose shall be noticed at least ten (10) days before the scheduled deposition date and the deposition date shall be before the close of discovery;

Exchange Lists of Fact Witnesses. On or before the applicable scheduling order deadline(s), each party shall serve and file a list of all the party’s fact witnesses, including the address, and telephone number, if available. No witness who is not designated in the lists may be called to testify at the hearing except for impeachment or rebuttal or upon a showing that the party did not learn of the witness until after the deadline. For good cause, an Administrative Law Judge may allow an undesignated witness to testify if allowing the testimony shall not unduly prejudice the opposing party;

Expert Witness Report. If either party intends to offer an expert opinion, the opposing party may require the party to submit a report of the expert’s testimony in accordance with § 2954.2. A treating physician may give opinion testimony about the cause and extent of a claimant’s disability without having to prepare a report; and

Close of Discovery. No deposition or other discovery may be had after the applicable scheduling order deadline except by permission of an Administrative Law Judge upon a showing of good cause.

2952.3 The presiding Administrative Law Judge may schedule continued status conferences and extend discovery deadlines as may be appropriate. Before filing a motion to extend discovery, or to reschedule a status conference, a party shall seek consent of the opposing party as required by § 2817.5.

History

SOURCE: Final Rulemaking published at 64 DCR 6616 (July 14, 2017); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2952

1 DCMR § 2953 PUBLIC SECTOR WORKERS’ COMPENSATION — PRE-HEARING CONFERENCE

2953.1 In accordance with the scheduling order, the parties shall file a Joint Pre-Hearing Statement that includes the following:

A joint statement of the case, including all stipulated facts;

A statement of the remaining issues in dispute;

A statement of any objections to admissibility of proposed exhibits, including the specific grounds for the objections;

A list of each party’s proposed witnesses, excluding witnesses offered solely for impeachment or rebuttal;

A list of the exhibits each party proposes to offer, together with a copy of the exhibit. Claimants’ exhibits shall be numbered 100 through 199. Agency exhibits shall be numbered 200 through 299. The parties are encouraged, but not required, to number the pages of the cumulative exhibits consecutively (Bates stamped), to avoid confusion about page references in the record; and

Designation of portions of deposition transcripts and discovery responses to be used at the Hearing (except for transcripts of depositions of expert witnesses).

2953.2 Each party shall serve and file any Motion in Limine or other motion concerning the conduct of the Hearing prior to the applicable scheduling order deadline.

2953.3 At the Pre-Hearing Conference the Administrative Law Judge shall discuss and make rulings on the following matters:

Whether the parties will agree to additional stipulations of fact or to the admissibility of exhibits;

The need to exchange any additional medical or vocational reports or other documents;

The approximate time that each party will require for the Hearing and whether it may be appropriate to set time limits or to limit the number of witnesses;

Resolution of any pending motions;

Whether the Hearing will be conducted in person, via videoconference, or via teleconference;

Whether interpreters will be needed; and

Any other matters that may be appropriate.

History

SOURCE: Final Rulemaking published at 64 DCR 6616 (July 14, 2017); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2953

1 DCMR § 2954 PUBLIC SECTOR WORKERS’ COMPENSATION — DISCOVERY

2954.1 Each party shall disclose the identity and proposed testimony of any expert witness in accordance with the scheduling order issued pursuant to § 2952.1.

2954.2 Unless otherwise stipulated, any Expert Witness Report shall contain the following:

A statement of all opinions the witness will express and the basis for those opinions;

The data or other information considered by the witness in forming them;

Any exhibits that will be used to summarize or support them;

The witnesses’ qualifications, including a list of all publications authored in the previous ten (10) years;

A list of all other cases in which, during the previous four (4) years, the witness testified as an expert at trial or by deposition;

A statement of the compensation to be paid for the study and testimony in the case; and

The following certification signed by the witness: “I hereby certify that this report is a complete and accurate statement of all my opinions, and the basis and reasons for them, to which I will testify under oath.”

2954.3 A party may depose any person who has been identified as an expert and whose opinions may be presented at the Hearing.

2954.4 Interrogatories. Unless otherwise stipulated or ordered, a party may serve on any other party no more than twelve (12) written interrogatories, including subparts. The interrogatories shall be answered as follows:

By the party to whom they are directed or, if by the District, by any officer or agent, who shall furnish the information available to the party;

The responding party shall serve answers or objections within twenty-one (21) days after being served;

Objections to interrogatories shall be stated specifically. Each interrogatory shall, to the extent it is not objected to, be answered separately and fully in writing under oath. Answers and objections shall identify and quote each interrogatory in full immediately preceding the answer or objection;

The person who makes the answers shall sign them, and the attorney who objects shall sign any objections; and

If the answer to an interrogatory may be determined by examining, auditing, compiling, abstracting, or summarizing a party’s business records, including electronically stored information, and if the burden of deriving or ascertaining the answer is substantially the same for either party, the responding party may answer by:

Specifying the records that shall be reviewed in sufficient detail to enable the interrogating party to locate them as readily as the responding party; and

Giving the interrogating party a reasonable opportunity to examine and audit the records and to make copies, compilations, abstracts, or summaries.

2954.5 Requests for Production of Documents. Requests shall be made and responded to in accordance with D.C. Superior Court Civil Rule 34.

2954.6 Requests for Admission. Unless otherwise stipulated or ordered, a party may serve no more than fifteen (15) requests for admission on the other party. Requests shall be made and responded to in accordance with D.C. Superior Court Civil Rule 36.

2954.7 Depositions. Depositions shall be conducted in accordance with D.C. Superior Court Civil Rules 30 and 31.

2954.8 Motions to Compel Discovery. No party shall file a Motion to Compel Discovery without permission of the presiding Administrative Law Judge. Permission shall be granted only after the parties or counsel have conferred in an effort to resolve the dispute or a party or counsel has made at least three (3) attempts to contact the opposing party or counsel without success to set up a meeting to confer.

If the parties are unable to resolve the dispute after discussing it for a reasonable period, they shall request a telephone conference with the presiding Administrative Law Judge.

If the dispute cannot be resolved by conference call with the Administrative Law Judge, the Administrative Law Judge may direct the moving party to file a motion to compel discovery.

Before filing a Motion to Compel Discovery without having conferred with the opposing party or counsel, the moving party or counsel shall submit a written description of three separate attempts to contact the opposing party or counsel by telephone or email, including dates and times, and describe any response that was received. If an Administrative Law Judge finds that a party has made a good faith effort to resolve the issue, the Administrative Law Judge may direct the moving party to file a Motion to Compel Discovery. The Administrative Law Judge may also impose appropriate sanctions on the opposing party.

Any Motion to Compel Discovery shall state specifically the Discovery that was requested, and any objections raised by the opposing party and specify the information or documents that the opposing party declined to provide.

An opposing party may respond to a Motion to Compel Discovery within the time specified in § 2813.6 or such other time as the presiding Administrative Law Judge shall specify.

2954.9 Sanctions. If the District’s Motion to Compel Discovery is granted, in addition to other sanctions that the presiding Administrative Law Judge may impose, the Administrative Law Judge shall deduct any reasonable expenses, costs, and fees incurred by the District, including attorney's fees, from any award of attorney's fees to the Claimant.

History

SOURCE: Final Rulemaking published at 64 DCR 6616 (July 14, 2017); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2954

1 DCMR § 2955 PUBLIC SECTOR WORKERS’ COMPENSATION — HEARINGS

2955.1 The rules for hearings and evidence set forth in § 2823 shall apply to Public Sector Workers’ Compensation hearings except as modified in this Section.

2955.2 All hearings shall be recorded. Any party may obtain a copy of the recording in accordance with § 2828.2. Except where OAH is required by law to prepare a transcript, parties who want written transcripts shall prepare them at their own expense in accordance with § 2828.3.

2955.3 The party with the ultimate burden of proof ordinarily shall go first, but the presiding Administrative Law Judge may change the order of presentation to accommodate the availability of witnesses or the needs of the parties.

History

SOURCE: Final Rulemaking published at 64 DCR 6616 (July 14, 2017); as amended by Final Rulemaking published at 68 DCR 010559 (October 8, 2021); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2955

1 DCMR § 2956 PUBLIC SECTOR WORKERS’ COMPENSATION — ATTORNEY’S FEES

2956.1 An attorney who has represented a claimant who seeks to recover attorney's fees shall file a motion within thirty (30) days of the issuance of a final decision. The motion shall contain the following information:

(a) An itemized description of each service rendered, including the date and the amount of time spent. Time shall be recorded in intervals of no greater than ¼ hour. Intervals of one-tenth (1/10) hour are preferred;

(b) The amount of the fee which the attorney seeks; and

2956.2 In determining the amount of any award, the Administrative Law Judge shall consider at least the following factors:

(a) The nature, novelty, and complexity of the case;

(b) The time and labor required;

(d) Customary local charges for similar services; and

(e) The professional qualifications of the attorney or other representative.

2956.3 Claims for attorney's fees are governed by D.C. Official Code § 1-623.27 and the Public Sector Workers’ Compensation Benefits Rule on Attorney’s Fees, 7 DCMR § 162.

History

SOURCE: Final Rulemaking published at 64 DCR 6616 (July 14, 2017); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2956

1 DCMR § 2970 Public Benefits Cases – Scope

2970.1 Sections 2970 through 2979 shall govern hearings requested by individuals, other than service providers, concerning the following benefits:

Medicaid, Healthcare Alliance, or other healthcare programs administered by the District of Columbia;

Temporary Assistance for Needy Families (TANF);

Supplemental Nutrition Assistance Program (SNAP) (formerly Food Stamps);

Interim Disability Assistance;

Shelter and services for homeless persons;

Rental Assistance programs;

General Assistance for Children;

Child Care Subsidy;

Program on Work, Employment, and Responsibility (POWER);

Burial Assistance;

Any other benefits provided by the District of Columbia Department of Human Services (DHS);

Low Income Home Energy Assistance Program benefits provided by the District of Columbia Office of Energy and the Environment (DOEE);

Vocational Rehabilitation Services;

Randolph Sheppard Vending Facilities Program (RSVFP); and

Benefits subject to a complaint made under the District of Columbia Department of Disability Services’ (DDS) Formal Complaint Process.

2970.2 Sections 2970 through 2979 also shall govern hearings requested by DHS when it seeks to disqualify someone from receiving SNAP (formerly Food Stamps) benefits due to an intentional program violation.

2970.3 The Rules in Chapter 28 shall apply for procedural issues not addressed in §§ 2970 through 2979.

2970.4 If there is a conflict between any federal law or regulation and anything in these Rules, the federal law or regulation shall control.

2970.5 If there is a conflict between any District of Columbia statute and these Rules, the District of Columbia statute shall control.

2970.6 If there is a conflict between any other agency’s procedural rules or regulations and these Rules, these Rules shall control.

History

SOURCE: Final Rulemaking published at 53 DCR 2009 (March 17, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2970

1 DCMR § 2971 Public Benefits Cases – BEGINNING A CASE

2971.1 A person can request a hearing by e-mailing, filing via eFiling portal, mailing, or bringing a written request to OAH, or by making an oral request in person at OAH or by telephone to OAH. OAH’s email address is oah.filing@dc.gov; its telephone number is 202-442-9094; and its street and mailing address is Office of Administrative Hearings, One Judiciary Square, 441 4th Street, NW, Suite 450 North, Washington, DC 20001.

2971.2 Hearing request forms shall be available at OAH (including on its website), at all DHS service centers, at the District of Columbia Department of Health Care Finance (DHCF), at DOEE, at the Division of Early Childhood Education at OSSE, and at DDS, Rehabilitation Services Administration.

(a) A hearing request shall describe:

The type(s) of benefits involved;

The action or inaction to which the person objects; and

The name and, to the extent available, the telephone number, mailing address, and e-mail address of the person requesting a hearing.

Persons who request a hearing under the Homeless Services Reform Act may provide only an e-mail address at which they can receive any papers in the case, including notices and orders, if they do not have a street address or post office box where they can receive mail.

If available, a copy of the agency’s notice of its action or decision shall be attached to the hearing request. A hearing request that does not contain a copy of the notice shall not be rejected on that basis alone.

2971.4 To make a hearing request in writing, a person may email, file via eFiling portal, mail, or bring a written request to:

(a) A DHS;

(b) DHCF for a hearing concerning Medicaid, Healthcare Alliance, or other healthcare programs administered by the District of Columbia;

(d) A shelter or other service provider for a hearing under the Homeless Services Reform Act;

(e) The Division of Early Childhood Education at OSSE for a hearing concerning childcare benefits;

DDS, Rehabilitation Services Administration, for a hearing concerning vocational rehabilitation services; or

(g) OAH.

2971.5 To make a hearing request in person, a person may visit:

(a) A DHS service center;

(b) DHCF, or the Office of the Health Care Ombudsman and Bill of Rights, for a hearing concerning Medicaid, Healthcare Alliance, or other healthcare programs administered by the District of Columbia, or the Aging and Disability Resource Center for a hearing concerning the Elderly and Persons with Physical Disabilities (EPD) waiver program;

(d) The Division of Early Childhood Education at the OSSE, for a hearing concerning childcare benefits;

(e) DDS, Rehabilitation Services Administration, for a hearing concerning vocational rehabilitation services; or

(f) OAH.

2971.6 To make a hearing request by telephone, a person may call:

(a) DHS;

(b) DHCF, for a hearing concerning Medicaid, Healthcare Alliance, or other healthcare programs administered by the District of Columbia;

(d) DDS, Rehabilitation Services Administration, for a hearing concerning vocational rehabilitation services; or

(e) OAH.

2971.7 If the agency or service provider receives a written hearing request, it shall file the request with OAH within three (3) calendar days of receiving the request.

2971.8 If the agency or service provider receives an oral or telephone hearing request, it shall prepare and file a hearing request form with OAH within three (3) calendar days of receiving the request.

2971.9 If OAH receives a written hearing request from an individual, it shall send the request to any agency or service provider whose decision is being challenged.

2971.10 If OAH receives an oral or telephone hearing request from an individual, it shall complete a written summary of the request and send it to any agency or service provider whose decision is being challenged.

2971.11 If DHS requests a hearing concerning a claim that a SNAP (formerly Food Stamps) recipient should be disqualified from receiving benefits due to an intentional program violation, it shall do so by completing and filing a hearing request form approved by the Chief Administrative Law Judge.

History

SOURCE: Final Rulemaking published at 53 DCR 2009 (March 17, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2971

1 DCMR § 2972 PUBLIC BENEFITS CASES – RepresentATION BY aTTORNEYS

2972.1 An attorney or a law student may represent an applicant for, or recipient of, public benefits pursuant to § 2808. An attorney entering an appearance under § 2808 may withdraw an appearance only as allowed under § 2809.

2972.2 An attorney who meets the qualifications to represent a party under § 2808 may limit the scope of representation in accordance with this Section. Scope of representation may be limited by date, time period, activity, or subject matter.

2972.3 A party shall agree to the scope of representation. A party and an attorney may provide notice of their agreement to limited scope representation and specify the scope of representation by filing and serving a Notice of Limited Scope Representation.

2972.4 If the scope of representation is limited by date or time period, the attorney’s appearance terminates at the end of the date or time period, without the necessity of leave of court. If the scope of representation is limited by activity or subject matter, the attorney’s appearance terminates upon the attorney filing a Notice of Completion, which shall be filed with OAH and served on each party, including the attorney’s client.

2972.5 Service on an attorney who has entered a limited appearance is required only for matters within the scope of the representation as stated in the notice. Service shall also be made on the party. Service on the attorney for matters outside the scope of the limited appearance does not extend the scope of the attorney’s representation.

2972.6 An attorney may extend a limited appearance only by filing and serving a new notice of limited appearance pursuant to this Section or by filing and serving a Notice of General Appearance pursuant to § 2808.

History

SOURCE: Final Rulemaking published at 53 DCR 2009 (March 17, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2972

1 DCMR § 2973 Public Benefits Cases – REPReSENTATION BY NON-ATTORNEYS

2973.1 An applicant for, or recipient of, public benefits may be represented by a relative, a friend, or any other representative who is not employed by the District of Columbia government.

2973.2 Any person who is not a lawyer and who requests a hearing on behalf of another person shall file a statement, signed by that other person, authorizing the non-lawyer to be a representative. A hearing request is subject to dismissal if the required statement is not filed. Before dismissing a case under this subsection, an Administrative Law Judge shall notify the representative of this requirement.

2973.3 In accordance with the District of Columbia Public Assistance Act, D.C. Official Code § 4-210.10, if the public benefits applicant or recipient who requested the hearing is not represented by a lawyer, the District or a service provider may not be represented by a lawyer at any hearing involving the following public benefit programs:

(a) Medicaid, Healthcare Alliance or other healthcare programs administered by the District of Columbia;

(b) Temporary Assistance for Needy Families (TANF);

(d) Interim Disability Assistance;

(e) General Assistance for Children;

Shelter and services for homeless persons; and

(g) Program on Work Employment and Responsibility (POWER).

2973.4 The District or a service provider may be represented by a lawyer at a hearing involving any other public benefit program regardless of whether the person who requested a hearing is represented by a lawyer.

2973.5 Sections 2808 and 2810 shall govern the practice of non-attorney representatives.

History

SOURCE: Final Rulemaking published at 53 DCR 2009 (March 17, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2973

1 DCMR § 2974 Public Benefits Cases – Administrative Reviews

2974.1 An administrative review is an informal meeting between the person who has requested a hearing at OAH and a representative of the agency or service provider whose action or inaction is being challenged by that person. The purpose of an administrative review is to determine whether the agency’s or service provider’s position is valid and, if possible, to achieve an informal solution.

2974.2 An agency or service provider shall offer each person who requests a hearing at OAH an opportunity for an administrative review, if required by law. At least five (5) calendar days before the hearing date, the agency or service provider shall file and send to all parties and their representatives a status report, which says whether an administrative review was held, and the results of any review.

2974.3 In cases involving shelter or other services for homeless persons, as required by the Homeless Services Reform Act, DHS shall conduct the administrative review.

2974.4 As required by law, the agency or service provider shall make the case file available to the person who requested the hearing.

History

SOURCE: Final Rulemaking published at 53 DCR 2009 (March 17, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2974

1 DCMR § 2975 Public Benefits Cases – Subpoenas

2975.1 Any party may file a request in writing for an Administrative Law Judge to issue a subpoena to require a witness to attend a hearing.

2975.2 The Administrative Law Judge shall issue a subpoena under this Section if it is likely that the witness will be able to provide testimony that will be helpful in deciding the case, and if requiring the witness to appear will not be unduly burdensome or otherwise contrary to law.

2975.3 Any party also may request a subpoena to require a witness to bring documents, photographs, or other materials to present as evidence at the hearing. The Administrative Law Judge shall issue a subpoena if it is likely that the requested items will be helpful in deciding the case, and if requiring those items to be produced will not be unduly burdensome or otherwise contrary to law.

2975.4 A form to be used to request a subpoena is available from OAH.

2975.5 If an Administrative Law Judge issues a subpoena, the party requesting the subpoena shall deliver it pursuant to §§ 2824.6 through 2824.9 and 2824.11. Unless otherwise ordered by an Administrative Law Judge, delivery shall be made at least two (2) days before the hearing.

History

SOURCE: Final Rulemaking published at 53 DCR 2009 (March 17, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final Rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2975

1 DCMR § 2976 Public Benefits Cases – Hearing Dates

2976.1 After a hearing request is filed, an Administrative Law Judge ordinarily shall schedule a hearing. If any applicable law requires that an administrative review be completed before a hearing takes place, a hearing shall not take place until the administrative review has been completed; a statutory deadline for completing the administrative review has passed; or the party requesting a hearing has waived their right to the administrative review.

2976.2 An Administrative Law Judge may schedule a status conference or other preliminary hearing to simplify the issues in the case, identify the parties’ legal and factual positions, rule on any preliminary legal issues, or for any other purpose.

2976.3 Any party may ask an Administrative Law Judge for a different hearing date. Copies of a request form shall be sent with any hearing notice and are available from OAH.

2976.4 Only an Administrative Law Judge may change a hearing date.

History

SOURCE: Final Rulemaking published at 53 DCR 2009 (March 17, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2976

1 DCMR § 2977 Public Benefits Cases – Hearings AND EVIDENCE

2977.1 The Administrative Law Judge shall decide at each hearing the order in which the parties will present their cases.

2977.2 If a party who requests a hearing fails to attend the hearing or a status conference without good cause, the Administrative Law Judge may dismiss the case without prejudice. “Good cause” for failing to attend a hearing or status conference includes, but is not limited to: serious illness, an accident, an unexpected child-care issue, severe weather conditions, or other emergency.

2977.3 If the agency or service provider whose action or inaction is being challenged fails to attend the hearing, the Administrative Law Judge may rule in favor of the person who requested the hearing.

2977.4 In a SNAP (formerly Food Stamps) Intentional Program Violation case, the District shall prove its case even if the other party fails to attend the hearing.

2977.5 Parties shall have the following rights at a hearing:

(a) To testify and to have other witnesses testify for them;

(b) To cross-examine witnesses called by another party;

(d) To examine all exhibits offered into evidence by another party;

(e) To object to the admission of any testimony or other evidence;

(f) To subpoena witnesses, as provided in § 2975; and

(g) To appear with a representative, as provided in §§ 2972 and 2973.

2977.6 At a hearing, all parties may present evidence. “Evidence” includes testimony by the parties and any witnesses that a party may present. Evidence also includes documents, photographs, or any other items that a party believes may help the Administrative Law Judge decide the case. The Administrative Law Judge shall decide what evidence becomes part of the record.

2977.7 Unless otherwise ordered by the presiding Administrative Law Judge, at least five (5) calendar days before the hearing date, each party shall file with OAH, and send to the other parties, a list of witnesses’ names and addresses, if available; and copies of any documents, photographs, or other items that the party wants the Administrative Law Judge to consider at the hearing. If the party who requested a hearing needs assistance copying or scanning documents or photographs, the party may request assistance from OAH.

2977.8 If anything is not filed according to the requirements of § 2977.7, and the other party shows that it has been prejudiced, the Administrative Law Judge shall have the discretion to set a new hearing date to allow the other party to prepare.

2977.9 If any party demonstrates that it has been prejudiced by the unexpected appearance of a witness, the Administrative Law Judge shall have the discretion to set a new hearing date to allow the other party to prepare for the witness testimony. If a witness was named on the witness list in the manner provided in § 2977.7, the Administrative Law Judge shall find that there has been no prejudice.

History

SOURCE: Final Rulemaking published at 53 DCR 2009 (March 17, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2977

1 DCMR § 2978 Public Benefits Cases – Deadlines

2978.1 If a federal or District of Columbia law or regulation imposes any time limitation for issuing or serving the decision in a particular public benefits matter, that law or regulation shall govern.

History

SOURCE: Final Rulemaking published at 53 DCR 2009 (March 17, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2978

1 DCMR § 2979 Public Benefits Cases – REQUESTING RECONSIDERATION, A NEW HEARING, OR RELIEF FROM A FINAL ORDER

2979.1 Motions for reconsideration, a new hearing, or relief from a final order shall be decided in accordance with § 2830.

History

SOURCE: Final Rulemaking published at 53 DCR 2009 (March 17, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2979

1 DCMR § 2980 unemployment insurance Cases – Scope

2980.1 Sections 2980 through 2986 shall govern hearings of appeals of decisions of the District of Columbia Department of Employment Services (DOES) concerning unemployment compensation insurance.

2980.2 The Rules in Chapter 28 shall apply for procedural issues not addressed in §§ 2980 through 2986.

2980.3 If there is a conflict between any federal law or regulation and anything in these Rules, the federal law or regulation shall control.

2980.4 If there is a conflict between any District of Columbia statute and anything in these Rules, the District of Columbia statute shall control.

2980.5 If there is a conflict between any other agency’s procedural rules or regulations and these Rules, these Rules shall control.

History

SOURCE: Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2980

1 DCMR § 2981 UNEMPLOYMENT INSURANCE CASES – BEGINNING A CASE

2981.1 A party requesting a hearing to appeal a DOES Claims Examiner’s Determination in an unemployment compensation case shall file a copy of the determination that the party is appealing with the hearing request. If the party does not file a copy of the determination, OAH shall issue an order directing the party to file a copy of the determination in order to establish OAH’s jurisdiction. If the copy is not provided, OAH may dismiss the case.

2981.2 In unemployment compensation cases, OAH may extend the deadline for filing a hearing request upon a showing of excusable neglect or good cause.

2981.3 Section 2805 shall govern all other procedures for requesting a hearing.

History

SOURCE: Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2981

1 DCMR § 2982 UNEMPLOYMENT INSURANCE CASES – Representatives

2982.1 An authorized agent employed by a firm whose usual business includes providing representation in unemployment compensation cases may represent any party.

2982.2 Sections 2808 and 2810, shall govern the practice of lawyers or other party representatives.

History

SOURCE: Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2982

1 DCMR § 2983 UNEMPLOYMENT INSURANCE CASES – FILING OF PAPERS

2983.1 (a) When a request for hearing is mailed to OAH, if the envelope containing the request bears a legible USPS postmark or if there is other proof of the mailing date, the request shall be considered filed on the mailing date. The filing date cannot be established by a private postage meter postmark alone.

(b) When a request for hearing is delivered to OAH by commercial carrier, the filing date is the date the commercial carrier received the request for delivery to the Clerk’s Office, if the cost of delivery is prepaid and delivery is to occur within three (3) calendar days of the commercial carrier’s receipt. The date of commercial carrier’s receipt shall be established by a document or other record prepared by the commercial carrier in the normal course of business.

2983.2 Section 2811 shall govern all other procedures for filing papers

History

SOURCE: Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 58 DCR 10327, 10329 (December 9, 2011); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2983

1 DCMR § 2984 UNEMPLOYMENT INSURANCE CASES – Subpoenas

2984.1 In unemployment compensation cases, the Clerk shall issue no more than three (3) subpoenas to each party under § 2824.5 to compel:

(a) The appearance at a hearing of persons who have direct knowledge of Claimant’s separation from employment or of the reasons for an adverse action regarding Claimant’s benefits; or

(b) The production at a hearing of documents, dated no earlier than six (6) months before the date of separation, in the other party’s possession that directly relate to Claimant’s separation from employment or to the reasons for an adverse action regarding Claimant’s benefits.

2984.2 Service of a subpoena for a witness to appear at a hearing shall be made by personally delivering the subpoena to the witness. Unless otherwise ordered by an Administrative Law Judge, service shall be made at least two (2) calendar days before the hearing.

2984.3 Section 2824 shall govern all other procedures for subpoenas.

History

SOURCE: Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2984

1 DCMR § 2985 UNEMPLOYMENT INSURANCE CASES – Hearings AND EVIDENCE

2985.1 At least three (3) business days before a hearing in an unemployment compensation case, a party shall serve on all other parties and file with the Clerk the following:

(a) A list of the witnesses, other than a party, whom the party intends to call to testify; and

(b) A copy of each exhibit that the party intends to offer into evidence, other than exhibits to be used solely for impeachment or rebuttal.

2985.2 Section 2823 shall govern all other procedures for hearings.

History

SOURCE: Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2985

1 DCMR § 2986 UNEMPLOYMENT INSURANCE CASES – REQUESTING RECONSIDERATION, A NEW HEARING, OR RELIEF FROM A FINAL ORDER

2986.1 Section 2830 shall govern decisions on motions for reconsideration, a new hearing, or relief from a final order.

History

SOURCE: Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2986

1 DCMR § 2999 DEFINITIONS

2999.1 Unless otherwise provided, the definitions in Chapter 28 apply to this chapter.

2999.2 For purposes of this chapter, the term:

CASD means the Conversion and Sale Division of the Department of Housing and Community Development.

Commission means the Rental Housing Commission.

Contested residency case means a case in which an adult student or a minor student’s parent or guardian has filed, pursuant to 5-E DCMR § 2009.3, a request for review of a decision by DCPS that a student is not entitled to tuition-free education because the student is not a resident of the District of Columbia.

Conversion and Sale Act means the Rental Housing Conversion and Sale Act of 1980, effective September 10, 1980 (D.C. Law 3-86; D.C. Official Code §§ 42-3401.01 – 3405.13).

Conversion and Sale Administrator means the Conversion and Sale Administrator of CASD

DCPS means District of Columbia Public Schools.

DDS means District of Columbia Department on Disability Services.

DFHV means District of Columbia Department of For-Hire Vehicles.

DFHV Act means the Department of For-Hire Vehicles Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code §§ 50-301.01 - .34)

DHCF means District of Columbia Department of Health Care Finance.

DHS means District of Columbia Department of Human Services.

Disciplinary file means any and all tangible evidence, in DCPS’s possession, which forms the basis for the school’s decision to propose the specific disciplinary action, including, but not limited to: student, staff, and other witness statements; incident reports; photographs; police reports; and security camera footage. Nothing in these rules prohibits DCPS from redacting any information it deems confidential or protected.

DOEE means District of Columbia Department of Energy and Environment.

DOES means District of Columbia Department of Employment Services.

Homeless Services Reform Act means the Homeless Services Reform Amendment Act of 2017, effective February 28, 2018 (D.C. Law 22-65; D.C. Official Code §§ 4-751.01 – 756.07).

Limited scope representation means a relationship between an attorney and a person seeking legal services in which they have agreed that the scope of the legal services shall be limited by date, time period, activity, or subject matter.

ORM means District of Columbia Office of Risk Management.

OSSE means District of Columbia Office of the State Superintendent of Education.

RAD means the Rental Accommodations Division of the Department of Housing and Community Development.

Rent Administrator means the Rent Administrator of the RAD.

Rental Housing Act means the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code §§ 42-3501.01 – 3509.10).

Rental housing cases means cases initiated pursuant to the Rental Housing Act and the Rental Housing Conversion and Sale Act.

School day means a day that school is open, whether or not students are attending, but does not include any day that OAH is closed.

Service Provider means a person or entity that furnishes assistance to members of the public through a contract with or funding from the District.

Student discipline case means a case in which DCPS seeks to expel a student or to suspend a student for at least six (6) days.

History

SOURCE: Final Rulemaking published at 51 DCR 6433, 6444 (June 25, 2004); as amended by Final Rulemaking published at 53 DCR 5674, 5682 (July 14, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12593 (December 31, 2010); as amended by Emergency and Proposed Rulemaking published at 58 DCR 11122 (December 23, 2011)[EXPIRED]; as amended by Final Rulemaking published at 59 DCR 3128, 3131 (April 20, 2012); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016); as amended by Final rulemaking published at 71 DCR 013913 (November 15, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 2999

1-31 FILM DC ECONOMIC INCENTIVE GRANT PROGRAM

1 DCMR § 3100 AUTHORITY AND SCOPE

3100.1 Subject to the Act, the Rebate Fund Program is administered by the Agency. The Rebate Fund Program is intended to encourage the use of the District as a site for movies, television shows, broadcasting, and other entertainment productions as well as film and digital media infrastructure projects; to encourage the hiring of District residents as cast and crew; and to encourage the use of District-based service and equipment companies in support of these productions. This rulemaking describes the standards and procedures under which the Agency shall determine whether to provide production or infrastructure support funding to the Rebate Fund applicant.

History

SOURCE: Final Rulemaking published at 54 DCR 6061 (June 22, 2007); as amended by Final Rulemaking published at 67 DCR 4491 (April 24, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 3100

1 DCMR § 3101 DETERMINATION OF DC FILM, TELEVISION, AND ENTERTAINMENT REBATE FUND PROGRAM ELIGIBILITY

3101.1 Subject to D.C. Official Code § 2-1204.11, the Director of the Agency determines whether individual movie, television, broadcasting, and other entertainment productions, and the expenditures associated with those projects, qualify for incentives under the Act. Subject to D.C. Official Code § 2-1204.11 and the availability of funds, the recipient of the incentive may receive an amount up to the following:

The sum of thirty-five percent (35%) of the company’s qualified production expenditures that are subject to taxation in the District. This category includes production- related expenditures or services contracted through registered District of Columbia business entities, vendors or contractors, unless an out-of-state business entity, vendor or contractor collects and remits applicable District of Columbia sales/use taxes;

The sum of twenty-one percent (21%) of the company’s qualified production expenditures that are not subject to taxation in the District, examples include, but are not limited to expenditures for: location site fees, film permits, services of D.C. government officials (e.g., off duty police officers), unprepared food and beverage, and shipping costs if not included in the total costs of an item delivered to the District;

The sum of thirty percent (30%) of the company’s qualified personnel expenditures that are subject to taxation in the District;

The sum of ten percent (10%) of the company’s qualified personnel expenditures that are not subject to taxation in the District; and

(e) The sum of fifty percent (50%) of the company’s qualified job training expenditures.

3101.2 Subject to D.C. Official Code § 2-1204.11(c), the Director of the Agency determines whether individual film and digital media infrastructure projects qualify for an incentive under the Act. Subject to the availability of funds, the recipient of the incentive may receive:

A payment of up to twenty-five percent (25%) of the taxpayer's base infrastructure investment; provided, that if all or a portion of the base infrastructure investment is in a facility that may be used for purposes unrelated to production or postproduction activities, then the base infrastructure investment shall be eligible for up to 25% payment only if the Director of the Agency determines that the facility will support and be necessary to secure production or postproduction activity.

3101.3 In evaluating whether a production or infrastructure project is eligible for rebate funding, the Director of the Agency will take into consideration the mandatory and discretionary criteria set forth in this section. The Agency shall require all applicants meet the mandatory criteria. The Director of the Agency will consider discretionary criteria based on the Agency's assessment of the current needs of the District of Columbia. The discretionary criteria are not intended to be used in a mathematical equation; consequently, mere compliance with a majority of these discretionary criteria does not guarantee receiving a Rebate Fund award. The Agency may also consider other factors in determining whether a particular project is eligible for rebate funding, provided that the additional factors are reasonably related to the goals of the Act.

3101.4 MANDATORY CRITERIA

To be eligible and qualified to receive a Rebate Fund award under D.C. Official Code § 2-1204.11(b) or infrastructure rebate funding under D.C. Official Code § 2-1204.11(c), the applicant must:

Spend at least $250,000 in total qualified expenditures (i.e., the sum of qualified production expenditures plus qualified personnel expenditures) on a qualified production, or invest and expend at least $250,000 on a qualified film and digital media infrastructure project;

(b) File an application with the Agency;

(d) Comply with the terms of the agreement;

(e) Not be delinquent in a tax or other obligation owed to the District or be owned or under common control of an entity that is delinquent in a tax or other obligation owed to the District; and

(f) For purposes of the production rebate, agree to contain a five (5)-second long “Filmed in the District of Columbia” credit and logo provided by the Agency in the final production and a link to the District of Columbia on the project’s web page, or an alternative recognition agreed upon by the Agency that offers equal or greater promotional value to the District.

3101.5 DISCRETIONARY CRITERIA

To determine whether to enter into a rebate agreement with the applicant under D.C. Official Code §§ 2-1204.11(b)-(c), the Agency may consider:

Written documentation, verification and proof that the motion picture, television, digital media production or infrastructure project has the necessary financing in place to begin and complete project;

(2) The record of the applicant in completing commitments to engage in a production or film and digital media infrastructure project;

(3) The extent to which the production or film and digital media infrastructure project will attract film, television, and entertainment production to the District;

(4) The extent to which the production or film and digital media infrastructure project will create contracting and procurement opportunities for certified business enterprises (CBE) and business entities registered to do business in the District, including written assurances of the number of CBEs and District businesses the applicant agrees to use, and the establishment of production support vendor agreements with business entities registered to do business in the District;

(5) The extent to which the production or film and digital media infrastructure project will create jobs, job training opportunities, and apprenticeships for District residents;

(6) The extent to which the production or film and digital media infrastructure project will produce media training or employment opportunities for District youth;

(7) The extent to which the production or film and digital media infrastructure project will promote economic development and neighborhood revitalization in the District;

(8) The potential that, in the absence of a payment under D.C. Official Code § 2-1204.11(b), the production or film and digital media infrastructure project will be produced or constructed in a location other than the District;

(9) In the case of a film and digital media infrastructure project, the extent to which an incentive payment will attract private investment for the production of other productions or base infrastructure investments in the District;

(10) The amount and percentage of direct District expenditures;

The extent to which the production will promote the District as a tourist destination;

In the case of a production, how many days the production will film in the District;

In the case of a production, the percentage of the production to be filmed in the District;

In the case of a production, the extent to which the production has a bona fide distribution plan, including the date the completed content will be released for distribution, or has the secured financing in place to effectively self-distribute the content;

The extent to which the production schedule follows a reasonable timeline leading to completion of the project;

Whether the production will establish temporary hotel, production offices, or other occupancy arrangements in the District for its principals and out-of-state crew;

The credentials and references of the production company and its principals and producers;

Whether the applicant or its principals have or plan to establish a long-term, sustainable media production footprint in the District;

Whether the applicant will locate its permanent or temporary production offices in the District;

The existence of an acceptable completion bond and insurance policy in place with industry recognized providers;

The extent to which the applicant has complied with the Agency application and information disclosure requirements;

Whether the applicant has applied for, received, or been denied any incentive support from another District agency for the same project; and

Any other factor considered appropriate by the Agency in order to further the purposes of the Act.

Priority will be given to eligible production companies and infrastructure projects that hold the most promise for benefiting the District by hiring District residents, using local suppliers, being bonded and insured, and having a bona fide distribution plan in place.

3101.6 PROGRAMMATIC DISQUALIFICATION

Any production company or film and digital media infrastructure project applicant may be disqualified from the Rebate Fund Program during the application process or after the incentive has received Rebate Fund pre-qualification, based on programmatic considerations, at the discretion of the Agency and consistent with the purposes of the Act, including, but not limited to:

(a) Failure to begin qualifying project activity within same fiscal year as the date on the Pre-Certification Qualifying Project Letter, unless a waiver is granted by the Agency;

(b) Failure to file any required reports or program related deliverables by any applicable delivery deadline date(s);

(c) Failure to pay minimum wages or scale rate payments required by law or by any applicable collective bargaining agreements;

(d) Failure to submit, upon the conclusion of qualified production activity or completion of construction in the District, a certified accounting and cost report of project expenditures, prepared in accordance with generally accepted accounting principles, that is prepared by an independent certified public accountant selected and paid for by the Rebate Fund Awardee prior to the reimbursement of qualified production expenditures. The Rebate Fund Awardee may engage its regular independent certified public accountant, if applicable, to perform this activity;

Violation of any agreement made with the District with regard to residency, District resident employment, or job development programs;

Failure to adhere to any District or federal laws or regulations governing the production or infrastructure project or applicant;

Loss of financing required to complete the project as originally represented to the Agency during the application process; or

Failure to accurately respond to any questions in or disclose any information required by the application.

History

SOURCE: Final Rulemaking published at 54 DCR 6061 (June 22, 2007); as amended by Final Rulemaking published at 67 DCR 4491 (April 24, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 3101

1 DCMR § 3102 APPLICATION PROCEDURES

3102.1 The Agency will provide application forms upon request to parties wishing to apply for a production or infrastructure incentive under the Rebate Fund. The application requires specific information be submitted, as appropriate, concerning the production company, production, production timelines, film and digital media infrastructure project, construction timeline, total anticipated expenditures, anticipated District expenditures and other pertinent information.

3102.2 All financial reports submitted to the Agency must be prepared in accordance with generally accepted accounting principles and certified by an authorized representative of the production company or film and digital media infrastructure project company of record.

3102.3 The Agency will notify the applicant of its program qualification determination in writing within twenty-one (21) business days from the date the Agency receives the Rebate Fund application. If accepted into the Rebate Fund program, the applicant will receive a “Pre-Certification Qualifying Project Letter” and “Program Guidance Document”.

3102.4 The Agency requires that the Program Guidance Document be completed and signed by a person authorized to sign on behalf of the applicant and returned to the Agency within fourteen (14) business days from the receipt of the Program Guidance Document.

3102.5 In the event an applicant does not meet the minimum program requirements, or the Rebate Fund application is not accepted or approved for any reason, the Agency will notify the applicant in writing of its disapproval of the Rebate Fund application by sending a Disapproval Letter within twenty-one (21) business days from the date the Agency receives the Rebate Fund application.

3102.6 If the Agency requires additional information from the applicant in order to make a final determination of a Rebate Fund award, the Agency will make a formal request for additional information or deliverables by sending a Request for Supplementary Information Letter within fourteen (14) business days from the date the Agency receives the Rebate Fund application.

3102.7 The applicant must submit to the Agency the additional information or deliverables for further consideration and review within seven (7) business days of the postmarked date on the Request for Supplementary Information Letter.

3102.8 If the applicant does not submit the supplemental information within seven (7) business days of the Request for Supplementary Information Letter, the Agency will notify the applicant of its Rebate Fund award determination in writing within seven (7) business days.

3102.9 If the applicant does submit the supplemental information within seven (7) business days, the Agency will notify the applicant of its final Rebate Fund award determination in writing within seven (7) business days from the receipt of the supplementary deliverables.

3102.10 In order for the government of the District to reserve Rebate Fund award funds for the Rebate Fund Awardee, the Rebate Fund Awardee must begin verifiable production activity or infrastructure construction in the District during the same fiscal year as the date on the Pre-certification Qualifying Project Letter, unless the Rebate Fund Awardee is granted an "Extension Waiver" from the Agency. The Rebate Fund Awardee must comply with the vendor registration requirements listed in Subsection 3102.11 below.

3102.11 Prior to the disbursement of any Rebate Fund award, the Rebate Fund Awardee will be required to comply with the District’s administrative processes for vendor registration and must secure and/or submit the following to the Agency:

W-9/ W-8 Form;

Master Supplier Form;

Data Universal Number System (DUNS) Number;

Ariba Network Supplier Number;

Clean Hands Certificate from the DC Department of Consumer and Regulatory Affairs;

Automatic Clearing House Form (ACH); and

Special Event Registration Application (FR-500 or FR-500B).

History

SOURCE: Final Rulemaking published at 54 DCR 6061 (June 22, 2007); as amended by Final Rulemaking published at 67 DCR 4491 (April 24, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 3102

1 DCMR § 3103 REBATE FUND AWARD ASSIGNMENT AND DISBURSEMENT PROCEDURES

3103.1 The Rebate Fund Awardee has sixty (60) days after the production or construction is completed to provide the Agency with an expenditure report reviewed by an independent auditor. All required verification of local qualifying expenditures subject to D.C. Official Code §§ 2-1204.11a - 2-1204.11c should be included in the report. The Agency will make available to each Rebate Fund Awardee a copy of the Rebate Fund Expenditure Report Procedures and the Rebate Fund Expenditure Report Template” to guide the Rebate Fund Awardee and their accounting agents in compliance with the expenditure report deliverable requirement.

3103.2 The Agency, or its accounting agent, will have up to sixty (60) business days to verify and certify the Rebate Fund Awardee's request for the incentive award after the submission of all receipts and proof of qualifying expenditures. The Agency will send the Rebate Fund Awardee an itemized accounting of all certified eligible spending in the form of a Rebate Award Assignment Letter and Rebate Award Authorization for review and execution. The Rebate Award Authorization must be signed by a person authorized to sign on behalf of the Rebate Fund Awardee and returned to the Agency within seven (7) business days of the postmarked date of the Rebate Award Assignment Letter. After the Agency receives that signed Rebate Award Authorization, and all requirements of Subsection 3102.11 have been met, the Rebate Award payment will be issued to the Rebate Fund Awardee within thirty (30) business days. No Rebate Fund award shall exceed the production project’s direct District expenditures or the maximum allowable rebate based on the total qualified expenditures verified by the Agency.

3103.3 If the Rebate Fund Awardee wishes to appeal or dispute any of the submissions that have been disqualified or has any other dispute with regard to the findings in the Rebate Award Assignment Letter, the Rebate Fund Awardee must alert the Agency by mail within seven (7) business days of the date on the Rebate Award Assignment Letter. The Rebate Fund Awardee then has up to fourteen (14) business days to prepare its dispute or appeal response and forward it to the Agency in the form of a “Request for Reconsideration Letter.” In this letter, the Rebate Fund Awardee can itemize and substantiate any disputed expenditures and make a case for reconsideration. If the Agency does not receive the appeal or dispute letter within the designated time period, the Rebate Fund Awardee waives all rights to dispute and agrees to receive only the incentive awards outlined in the Agency’s original Rebate Award Assignment Letter.

3103.4 If the Rebate Awardee submits its Request for Reconsideration Letter within the designated time period, the Agency will have thirty (30) business days to review the appeal and make its final determination. A final Rebate Award Assignment Letter will be sent to the Rebate Awardee by the Agency indicating the final determination of all issues in question. This determination will be final. The final Rebate Award Assignment Letter must be signed by a person authorized to sign on behalf of the Rebate Awardee and returned to the Agency within seven (7) business days of the date of the final Rebate Award Assignment Letter. After the Agency receives that signed letter, and all requirements of Subsection 3102.11 have been met, the Rebate Fund award payment will be sent to the Rebate Fund Awardee within thirty (30) business days. If the Rebate Fund Awardee fails to sign the final Rebate Award Assignment Letter, the Rebate Fund Awardee waives all claims for rights to the Rebate Fund award.

History

SOURCE: Final Rulemaking published at 67 DCR 4491 (April 24, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 3103

1 DCMR § 3199 DEFINITIONS

3199.1 For purposes of this section, the following terms shall have the meanings ascribed:

“Above-the-line Crew” means a person or persons employed by an eligible production company for a qualified production such as producers, directors, writers, actors, and casting directors, excluding “below-the-line” crew.

“Act” means the Film DC Economic Incentive Act of 2006, effective March 14, 2007 (D.C. Law 21-81; D.C. Official Code §§ 2-1204.11 et seq.), as amended.

“Agency” means the Office of Cable Television, Film, Music and Entertainment.

“Base” Infrastructure Investment” means the cost, including renovation, rehabilitation, fabrication and installation, expended by a person in the development of a qualified film and digital media infrastructure project for tangible assets of a type that are, or under the United States Internal Revenue Code will become, eligible for depreciation, amortization, or accelerated capital cost recovery for federal income tax purposes that are physically located in the District for use in a business activity in the District and that are not mobile tangible assets. The term "base infrastructure investment" does not include a qualified production expenditure or a qualified personnel expenditure.

“Below-the-line Crew” means a person or persons employed by an eligible production company for a qualified production after production begins and before production is completed, excluding above-the-line crew such as a producer, director, writer, actor, or other person in a similar position. These positions include but are not limited to the following:

Assistant Director

Art Director

Film Editor

Line Producer

Best Boy Electric

Best Boy Grip

Boom Operator

Character generator (CG) operator (television)

Costume Designer

Director of Photography

Camera operator

Composer

Dolly grip

Gaffer

Graphic Artist

Hair Stylist

Key Grip

Make-up Artist

Production Assistant

Script Supervisor (continuity)

Sound Engineer

Stage Manager (television)

Stage Carpenter

Technical Director (TD) (television)

Video control Broadcast engineering (television)

Visual Effects Editor

Extras & Bit Players

Catering/Craft Service

“Business Day” - Any day, Monday through Friday, that is not a public holiday.

“Digital Interactive Media Production” means any interactive entertainment intended for commercial exploitation, including, but not limited to:

Video game projects;

Console games;

Handheld console games;

Mobile electronic device games; and

Multi-player online video games and virtual worlds that meet the requirement of multi-market distribution via the Internet or any other channel of exhibition.

“Direct District Expenditure” means a qualified production expenditure or a qualified personnel expenditure to a District resident above-the-line or below-the-line crew member.

“Disapproval Letter” means a letter to the program applicant from the Agency that contains a final determination that the production company does not qualify for incentive funding through the Rebate Fund.

“Eligible Production Company” means an entity in the business of producing qualified productions.

“Extension Waiver” means a waiver issued to the Rebate Awardee allowing an extension to the rule mandating all approved Rebate Fund qualifying project activity begin within the same fiscal year as the issuance of the Pre-Certification Qualifying Project Letter.

“Fiscal Year” means the budget and accounting year of the District, commencing on the first day of October of each year and ending on the 30th day of September of the succeeding calendar year.

“Postproduction Expenditure” means a direct expenditure for editing, Foley recording, automatic dialogue replacement, sound editing, special or visual effects, including computer-generated imagery or other effects, scoring and music editing, beginning and end credits, negative cutting, soundtrack production, dubbing, subtitling, addition of sound or visual effects, and related expenses.

“Pre-Certification Qualifying Project Letter” means a letter to the program applicant from the Agency that contains a preliminary determination that the project qualifies for incentive funding pursuant to the Rebate Fund.

“Preproduction Expenditure” means a direct expenditure in the process of preparation for actual physical production, which includes, but is not limited to, activities such as location scouting, hiring of crew, construction of sets, and the establishment of a dedicated production office.”

“Production Company” means any individual, partnership, corporation or other business entity that is primarily responsible for the production of a film or television project.

“Qualified Film and Digital Media Infrastructure Project” means a film, video, television, or digital media production or postproduction facility located in the District, movable and immovable property and equipment related to the facility, and any other facility that is a necessary component of the primary facility. The term “qualified film and digital media infrastructure project” does not include a movie theater or other commercial exhibition facility.

“Qualified Job Training Expenditure” means salary and other expenditures paid by an eligible production company to provide qualified personnel with on-the-job training to upgrade or enhance the skills of the qualified personnel as a member of the below-the-line crew for a qualified production.

“Qualified Personnel” means a District resident that is legally eligible for employment or non-residents performing production activity on a qualified production in the District of Columbia.

“Qualified Personnel Expenditure” means an expenditure made in the District directly attributable to the production or distribution of a qualified production that is a transaction subject to taxation in the District and is a payment of wages, benefits, or fees to above-the-line or below-the-line crew members and includes a payment to a personal services corporation or professional employer organization for the services of qualified personnel as below-the-line crew members who are not residents of the District. The term “qualified personnel expenditure” does not include salary, wages, and other compensation for personal services of above-the-line crew members that when combined exceed five hundred thousand dollars ($500,000) in salary, wages, or other compensation for personal services in connection with any qualified production activity.

“Qualified Production” means motion picture, television, or video content created in whole or in part in the District, intended for nationwide distribution or exhibition by any means, including by motion picture, documentary, television programming, commercials, or internet video production and includes a trailer, pilot, or any video teaser associated with a qualified production. A motion picture film production shall include digital interactive media production. The term "qualified production" does not include production that:

Consists primarily of televised news or current events;

Consists primarily of a live sporting event, except boxing, wrestling and mixed martial arts;

Consists primarily of political advertising;

Primarily markets a product or service other than a qualified

production; or

Is a radio program.

“Qualified production expenditure" means a preproduction, production, or postproduction expenditures made in the District directly related to the qualified production, including:

(1) Set construction and operation;

(2) Wardrobes, makeup, accessories, and related services;

(3) Photography and sound synchronization, lighting, and related services and materials.

(4) Editing and related services, including film processing, transfers of film to tape or digital format, sound mixing, computer graphic services, special effects services, and animation services;

(5) Rental of facilities in the District and equipment used in the District;

(6) Establishment of office space in the District;

(7) Leasing of vehicles;

(8) Food and lodging;

(9) Music, if performed, composed, or recorded by a District musician or published by a person or company domiciled in the District; and

(10) Any other production expense incurred in the District that is approved by the Mayor.

“Rebate Award Assignment Letter” means a letter drafted by the Agency that itemizes all of the approved qualified spend made by the Rebate Awardee and indicates the final total award amount due to the Rebate Awardee pursuant to the Rebate Fund Program.

“Rebate Award Authorization” means a document drafted by the Agency that identifies the Rebate Award amount assigned to the project and directs the Awardee to “accept” or “dispute” the award. If the Awardee accepts the award, the Awardee is directed to execute the document and return to the Agency along with an invoice for the Rebate Award amount. If the Awardee disputes the assigned award, the Agency will follow the procedures outlined in Subsections 3103.3 and 3103.4.

“Rebate Fund” means the economic rebate fund program established by the Act.

“Rebate Fund Awardee” means a qualifying applicant that has received a Pre-Certification Qualifying Project Letter indicating a preliminary determination by the Agency that the Rebate Fund Program applicant qualifies for a Rebate Fund award.

“Request for Reconsideration Letter” means a letter that itemizes any formal dispute the Rebate Awardee has with any of the findings in the Agency's Rebate Award Assignment Letter and determination of a final Rebate Fund award.

“Request for Supplementary Information Letter” means a letter to the program applicant from the Agency that contains a formal request for the program applicant to submit additional information to the Agency as part of a continuation of the application consideration process.

“Response to Request for Reconsideration Letter” means a letter from the Agency to the Rebate Fund Awardee in response to the Awardee's formal dispute or request for reconsideration in response to the Rebate Award Assignment Letter.

“Total Qualified Expenditures” means the sum of qualified production expenditures plus qualified personnel expenditures. In order for a project to qualify for a Rebate Award, the pre-certified qualifying project must spend at least two hundred fifty thousand dollars ($250,000) in the District of Columbia on “Total Qualified Expenditures.”

History

SOURCE: Final Rulemaking published at 54 DCR 6061 (June 22, 2007); as amended by Final Rulemaking published at 67 DCR 4491 (April 24, 2020). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 3199

1-32 OCCUPATION OF PUBLIC SPACE FOR MOTION PICTURE, TELEVISION, AND OTHER MEDIA PRODUCTIONS

1 DCMR § 3200 SCHEDULE OF FEES

3200.1 The following fees are established for permits authorizing the occupation of public space for motion picture, television, and other media productions (“film permits”):

Permit

Fee

Permit Application

Processing Fee

$30 (one-time fee per project)

Film Permit (less than 10 total cast and crew)

$150 first day

$50 each additional day

$500 cap

Film Permit (10 – 39 total cast and crew)

$300 first day

$100 each additional day

$1,500 cap

Film Permit (40 – 69 total cast and crew)

$450 first day

$150 each additional day

$3,000 cap

Film Permit (more than 70 total cast and crew)

$600 first day

$200 each additional day

$4,500 cap

Still Photography Film Permit

$150 (flat fee per-project)

Student Film Permit

No fee (with proof of enrollment in accredited film program)

History

SOURCE: Final Rulemaking published at 57 DCR 1715 (February 26, 2010). 2

1-33 ARTS AND HUMANITIES LARGE CAPITAL GRANTS

1 DCMR § 3300 AWARD AMOUNTS AND FUNDING

3300.1 The Large Capital Grants program is funded by the Commission on the Arts and Humanities annual grants budget.

3300.2 Grants awarded under this program have a minimum award amount of $900,000 and a maximum award amount of $1,500,000 per grant.

3300.3 The period of performance for a grant made under this program may be for up to three fiscal years at the Commission’s discretion and a grantee’s stated preference.

History

SOURCE: Final Rulemaking published at 71 DCR 015863 (December 20, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 3300

1 DCMR § 3301 ELIGIBILITY

3301.1 Grants are awarded on a competitive basis for the purpose of supporting either:

Improvements of a facility located in the District of Columbia with a tax valuation of at least $1,000,000; or,

The purchase of a facility located in the District of Columbia with a tax valuation of at least $1,000,000 by an applicant with a thirty-year lease on that facility.

3301.2 Applicants must either own the facility to be improved or possess at least a thirty-year lease on the same facility. Applicants must have at least seven years remaining on that lease. The thirty-year lease criteria include:

Occupancy history and lease extensions; and,

Other legally bound terms of occupation or possession such as residence by Congressional mandate, by Federal/District government agreement, or by similar mandates.

3301.3 The facility to be improved must be designed for and have as its primary function the training, management, production, or presentation of performances or exhibitions of the arts or humanities.

3301.4 Applicants must be incorporated as a nonprofit organization with a federally designated tax-exempt status under Section 501(c)(3) of the United States Internal Revenue Service (IRS) code for at least one year prior to the grant application deadline, and be registered with, and authorized to do business in, the District of Columbia with a principal business office address in the District of Columbia.

3301.5 Applicants must have a primary mission focus in at least one discipline of the arts or humanities and have a history of actively providing arts and humanities programs in the District of Columbia for at least one year prior to the grant application deadline.

3301.6 Applicants must reflect a commitment to inclusion, diversity, equity, and access at all levels of its organization. Applicants will be required to demonstrate how a large capital grant will measurably improve inclusion, diversity, equity, and access for the organization and its constituents, staff, and board.

3301.7 The grant funded project must increase access for historically marginalized communities in the District and increase the availability of arts and humanities residences or workspaces.

History

SOURCE: Final Rulemaking published at 71 DCR 015863 (December 20, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 3301

1 DCMR § 3302 RESTRICTIONS

3302.1 Organizations awarded a grant under this program are ineligible for a grant under any other capital project grant awarded by the Commission in the same fiscal year.

3302.2 Organizations awarded a grant under this program are ineligible for a large capital grant for two subsequent fiscal years.

3302.3 Additional restrictions may be included in the Request for Applications for the grant.

History

SOURCE: Final Rulemaking published at 71 DCR 015863 (December 20, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 3302

1 DCMR § 3399 DEFINITIONS

3399.1 “Access” is defined in the broadest definition of the term as a means of ensuring individuals and/or groups are given physical, financial, geographic, demographic, cultural, and developmental access to programming, services, and other opportunities.

“Arts” means instrumental music, vocal music, dance, drama, folk art, creative writing, architecture and allied fields, painting, sculpture, photography, graphic and craft arts, industrial design, costume and fashion design, media and film, and sound recording; disciplines related to the presentation, performance, execution, exhibition of those major art forms; and the study and application of the arts to the human environment.

“Capital Project” means a project to construct either new facilities or make significant, long-term renewal improvements to existing facilities.

“Commission” means the District of Columbia Commission on the Arts and Humanities established by the Commission on the Arts and Humanities Act, effective October 21, 1975 (D.C. Law 1-22; D.C. Official Code § 39-201 et seq.).

“Diversity” refers to the various backgrounds and races that comprise a community, nation, or other grouping. In many instances, the term diversity does not only acknowledge the existence of diversity of background, race, gender, religion, sexual orientation, etc., but applies a recognition of the value of these differences. Diversity enriches policies and practices by bringing people of diverse backgrounds and experiences together to inform, shape, and enrich these policies and practices.

“Equity” means giving everyone what they need to be successful. Equity is different from treating everyone the same. Equity operates from the understanding that people and groups enter given situations from very different starting points. These starting points are often determined by certain social hierarchies such as race, class, gender, age, sexual identity, etc. An equitable framework centers awareness of these hierarchies and creates systems that are actively anti-racist, anti-classist, anti-sexist, and anti-homophobic.

“Humanities” means the study of ancient or modern languages, literature, philosophy, history, human geography, archeology, jurisprudence, religion, law, ethics, the history, criticism, theory, and practice of the arts; those aspects of the social sciences that have humanistic content and employ humanistic methods; and the study and application of the humanities to the human environment with particular attention to the relevance of the humanities to the current conditions of national life.

“Inclusion” means authentically welcoming and bringing traditionally excluded individuals and/or groups into processes, activities, and decision/policymaking in a way that shares power.

“Period of Performance” means the time during which the grantee is expected to complete award activities, incur expenses, and expend approved grant funds.

“Request for Applications” means a document that describes the requirements needed to obtain a particular grant. The RFA includes a description of the purpose of the grant program, including a definition of the type and range of services or activities that a grantee is expected to complete.

History

SOURCE: Final Rulemaking published at 71 DCR 015863 (December 20, 2024). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 3399

1-40 OUT OF SCHOOL TIME GRANT PROGRAM

1 DCMR § 4000 GENERAL PROVISIONS

4000.1 The purpose of this chapter is to:

Establish the Out of School Time Grant Program (“OST Grant Program”) within the Office of Out of School Time Grants and Youth Outcomes (“OST Office”);

Establish the process for awarding competitive grants through the OST Grant Program;

Establish the process for awarding non-competitive grants through the OST Grant Program; and

Set forth the authority of the OST Office to monitor compliance with and enforce this chapter.

4000.2 The OST Office may publish policies, procedures, or guidance related to the OST Grant Program to supplement this chapter.

4000.3 The OST Office does not accept unsolicited grant applications.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4000

1 DCMR § 4001 COMPETITIVE GRANTS: REQUEST FOR APPLICATIONS

4001.1 Before the award of competitive grant funding and in accordance with Section 1094 of the Grant Administration Act of 2013, effective December 24, 2013 (D.C. Law 20-61; D.C. Official Code § 1-328.13), the OST Office shall issue a Request for Applications (“RFA”).

4001.2 Each RFA shall include the following:

A description of the minimum requirements that an applicant must meet to be eligible for an award (for example, Internal Revenue Service 501(c)(3) designation; good standing with the District of Columbia);

A description of any minimum requirements that a program must meet in order to be eligible to receive an award (for example, the minimum number of youth that must be served by the program);

A description of any financial information of an applicant that must be submitted with an application (for example, financial audits, financial reviews, and/or statements of financial position);

A requirement that the applicant provide a narrative description of its youth development out-of-school time program (“OST Program”) proposed for grant funding;

(e) A requirement that the applicant provide a detailed budget for its OST Program proposed for grant funding;

(f) A description of the eligible uses of grant funds;

(g) The maximum indirect cost recovery rate that will be allowed under a grant award;

(h) The grant period (that is, the period of time of OST Program operations for which the grant funding will be provided);

(i) The maximum total dollar amount of grants that will be awarded pursuant to the RFA;

(j) The maximum dollar amount of any individual grant that will be awarded pursuant to the RFA;

(k) The criteria by which each application will be evaluated and scored;

(l) The deadline for submission of an application;

(m) A description of the process for submitting an application; and

(n) The date by which grant award decisions will be made by the OST Office;

4001.3 These Rules control all procedures at OAH. No procedural rules adopted by any other District of Columbia government agency apply in cases at OAH.

4001.4 The OST Office may suspend, terminate, or rescind an RFA at any time for any reason.

4001.5 The OST Office may issue amendments and addenda to an RFA after the issuance of an RFA.

4001.6 Each applicant shall be responsible for all costs associated with the preparation and submission of its application in response to an RFA.

4001.7 Applicants are responsible for providing all information requested in the RFA. The OST Office is not responsible for notifying applicants of non-responsive or incomplete proposals.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4001

1 DCMR § 4002 COMPETITIVE GRANTS: REVIEW PANELS

4002.1 The OST Office shall appoint a review panel or multiple review panels to evaluate the applications received in response to an RFA in an impartial manner based on the scoring criteria set forth in the RFA.

4002.2 Members of a review panel may be District government employees or members of the public; provided that no more than half of a review panel’s members may be employees or contractors of the OST Office or members of the Commission on Out of School Time Grants and Youth Outcomes (“OST Commission”).

4002.3 A member of the public must apply to, and be accepted by, the OST Office in order to serve as a member of a review panel. A member of the public who applies to serve as a member of a review panel must have at least two (2) years of experience with, and knowledge of, youth development and OST programming and must meet any other qualification standards of the OST Office in order to be accepted as a member of a review panel by the OST Office.

4002.4 All reviewers shall be screened for conflicts of interest and each reviewer must affirm his or her ability to be impartial before serving as a member of a review panel.

4002.5 Each reviewer shall receive training on how to review applications. The training shall be provided by the OST Office or an individual or entity designated by the OST Office.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4002

1 DCMR § 4003 COMPETITIVE GRANTS: PRIORITY POINTS

4003.1 The OST Office may establish a priority or set of priorities for each grant competition to improve the equitable distribution of OST programs and funding.

4003.2 In establishing a priority or set of priorities for a grant competition, the OST Office shall follow the priorities established by the OST Commission’s for at-risk students, geographic distribution of OST programs and funding, and program quality established pursuant to Office of Out of School Time Grants and Youth Outcomes Establishment Act of 2016, effective April 7, 2017 (D.C. Law 21-261; D.C. Official Code § 2-1555.04(c)). In the absence of any such established priorities, the OST Office may establish a priority or set of priorities for a grant competition after consultation with the OST Commission.

4003.3 The OST Office may provide additional points to an application if the OST Program requested to be funded by the application meets the priority or priorities established for the grant competition.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4003

1 DCMR § 4004 COMPETITIVE GRANTS: AWARDS AND APPEALS

4004.1 The Executive Director of the OST Office (“OST Executive Director”) shall make determinations of competitive grant awards and grant denials. The OST Executive Director’s determinations shall be based on review panel scores and priority points.

4004.2 Promptly after determinations have been made by the OST Executive Director under § 4004.1, the OST Office shall provide a notice of grant award or grant denial to each applicant.

4004.3 All grant award decisions of the OST Executive Director are final. The decisions are not subject to review, appeal, or protest.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4004

1 DCMR § 4005 COMPETITIVE GRANTS: GRANT AGREEMENTS

4005.1 After notice of a grant award is provided to an applicant, the OST Office and applicant shall enter into grant agreement negotiations. The negotiations may make changes to the funding amount proposed in the applicant’s application, the program budget included in the applicant’s application, and other elements of the applicant’s application provided.

4005.2 If the OST Office and the applicant do not agree upon the terms of the grant agreement within fifteen (15) business days after the OST Office provides notice of the grant award, the OST Office may terminate the grant award.

4005.3 In addition to such other terms that may be included in the grant agreement, the grant agreement shall specify that the awardee shall comply with:

(a) The Youth Bullying Prevention Act of 2012, effective September 14, 2012 (D.C. Law 19-167; D.C. Official Code §§ 2-1535.01 et seq.);

(b) The District of Columbia Human Rights Act of 1977, effective December 13, 2011 (D.C. Law 2-38; D.C. Official Code §§ 2-1401 et seq.);

(c) Background check policy: All employees, volunteers, and contractors of the applicant who work with youth have undergone the necessary background checks and clearances, including those required by the Criminal Background Checks for the Protection of Children Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1501.01 et seq.); and

(d) All other applicable District and federal laws and regulations.

4005.4 Grant awards shall not be final until the execution of the grant agreement by both the awardee and the OST Office and, if necessary, approval by the Council.

4005.5 A grantee may not use grant funds to pay for costs incurred before the grant award is final.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4005

1 DCMR § 4006 COMPETITIVE GRANTS: PERFORMANCE MEASURES AND REPORTING

4006.1 Each grantee shall, as a condition of the grant award, administer youth surveys and program evaluation tools as determined by the OST Office; provided, that the OST Office may waive this requirement for a program model that does not match the requirements of the surveys or evaluations.

4006.2 Each grantee shall, as a condition of the grant award, submit to the OST Office, on a quarterly or semiannual basis (as set forth in the grant agreement), a report describing the grantee’s progress in implementing the OST program, including a description of the specific services provided to youth, the location of services provided to youth, demographic information on service recipients, and information on the expenditure of the grant funds, including the amount of grant funds expended on program costs and the amount of grant funds expended on other costs.

4006.3 Each grantee shall, as a condition of the grant award, track service recipient information, including demographics, and OST program attendance in a database administered by the OST Office, and shall maintain supporting documents for information provided in the database for at least five (5) years after the end of the grant period.

4006.4 Within forty-five (45) days after the end of a grant period, the grantee shall submit a final report that includes a narrative description of the achievements of the OST Program (including the information listed in Subsection 4006.2) and detailed information on the expenditure of grant funds.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4006

1 DCMR § 4007 COMPETITIVE GRANTS: MONITORING, COMPLIANCE, AND RECORDS

4007.1 The OST Office shall conduct regular compliance and programming reviews of grantees.

4007.2

(a) Grantees shall be subject to a minimum of one (1) administrative compliance monitoring visit and one (1) programmatic monitoring visit per grant period.

(b) Administrative compliance monitoring includes review of: compliance with applicable District laws, rules, regulations, procedures, and policies; grantee’s use of grant funds; verification of appropriate clearances and background checks for personnel; financial and organizational documentation; and participant files to verify enrollment, attendance, consent forms, data entry, and other information.

(c) Programmatic monitoring includes: review of facilities where programming occurs to verify programming activities; access to program procedures and policies; and access to participants and staff to interview, verify, and confirm program details, procedures, and policies.

4007.3 Grantees shall be subject to scheduled and unscheduled programmatic site visits by the OST Office to monitor and assess program quality.

4007.4 Each grantee shall maintain its financial records in accordance with generally accepted accounting principles and shall account for all funds, tangible assets, revenues, and expenditures in such records. Each grantee shall ensure that all of its financial records are accurate, complete, and current at all times. Each grantee shall make its financial records available for audit and inspection by the OST Office, or its agents, upon the request of the OST Office.

4007.5

(a) At the completion of a grant period, the OST Office shall provide the grantee an accountability risk profile (“ARP”), which shall designate the grantee as “low-risk”, “medium-risk”, or “high-risk”.

(b) As part of the process of making an ARP risk, the OST Office shall review whether the grantee met all grant agreement requirements, including program reporting and financial reporting.

(c) The ARP risk classification will determine the amount of monitoring required for future grants and the eligibility of the grantee to apply to future RFAs or receive future grants from the OST Office.

(d) An organization designated as “high-risk” shall not be eligible to apply for a grant from the OST Office until both: (1) one year has elapsed since the date of the designation; and (2) appropriate documentation has been provided to the OST Office that documents that the organization’s performance has improved. Performance improvement can be documented either in the form of an audit or an independent program assessment.

4007.6 Each grantee shall maintain programmatic and financial documentation, in either physical or electronic format, related to the grant for five (5) years after submission of the final report.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4007

1 DCMR § 4008 CONTINUATION GRANTS

4008.1 Pursuant to D.C. Official Code § 2-1555.04(e), grants supporting OST Programs, except for OST summer programs, shall be eligible for continuation awards for at least two (2) years, subject to the availability of funding.

4008.2 RFAs are not released for continuation grants. Continuation grants are awarded based on the grantee’s performance under the grant agreement.

4008.3 The OST Office will notify a grantee of a continuation grant at least thirty (30) days before the end of the grant period.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4008

1 DCMR § 4009 NON-COMPETITIVE GRANTS: ELIGIBILITY

4009.1 As provided in Section 4(b)(2) and (3) of the Office of Out of School Time Grants and Youth Outcomes Establishment Act of 2016, effective April 7, 2017 (D.C. Law 21-261; D.C. Official Code §§ 2-1555.04(b)(2)and (3)), the OST Office may award non-competitive grants to:

A nonprofit organization that does not provide out-of-school-time programs, provided that:

The nonprofit organization has a proven track record of success in grant-making;

The nonprofit organization agrees to use a minimum of ninety percent (90%) of the OST Office’s grant to award subgrants to other nonprofit organizations that provide out-of-school time programs; and

The nonprofit organization agrees to undergo an annual audit and submit quarterly reports to the OST Office on its financial health and its use of the OST Office’s grant; and

Nonprofit organizations for the purpose of providing training or technical assistance to the OST Commission or to nonprofit organizations that provide out-of-school time programs.

4009.2 In order to be eligible to receive a non-competitive grant under Subsection 4009.1, an organization must be in good standing with the District government by:

(a) Having filed all required reports with the District government

(b) Holding all required licenses, registrations, and certifications;

(d) Having a current Certificate of Clean Hands issued by the District government; and

Having a current Certificate of Good Standing issued by the District government.

4009.3

(a) The OST Office may authorize a grantee under § 4009.1(a) to serve as a grantmaking partner of the OST Office.

(b) As a grantmaking partner of the OST Office, the grantee shall be responsible, in whole or in part, as designated by the OST Office, for administering and managing the OST Grant Program; monitoring grant progress; and supporting grantees in meeting the grant requirements.

(c) In carrying out its responsibilities, a grantmaking partner must adhere to the rules, policies, and procedures of OST Office for managing the OST Grant Program.

The rules governing the eligibility for and process for issuance of competitive grants set forth in this chapter shall apply to all subgrants of the grantmaking partner.

4009.4 With the exception of non-competitive grants provided to a grantmaking partner to administer the OST Grant Program under Subsection 4009.1(a), a non-competitive grant awarded by the OST Office shall not exceed one hundred thousand dollars ($100,000) per organization in any fiscal year.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4009

1 DCMR § 4010 NON-COMPETITIVE GRANTS: GRANT AGREEMENT

4010.1 After providing notice of the award of a non-competitive grant to a nonprofit organization, the OST Office and the nonprofit organization shall enter into negotiations on a grant agreement. The negotiations shall include negotiation of the grant amount, the scope of services to be provided by the nonprofit organization, the budget for the services to be provided by the nonprofit organization, and such other terms and conditions as the OST Office considers appropriate.

4010.2 If the OST Office and the applicant do not agree upon the terms of the grant agreement within fifteen (15) business days after the OST Office provides notice of the grant award, the OST Office may terminate the grant award.

4010.3 In addition to such other terms that may be included in the grant agreement, the grant agreement shall specify that the awardee shall comply with:

The Youth Bullying Prevention Act of 2012, effective September 14, 2012 (D.C. Law 19-167; D.C. Official Code §§ 2-1535.01 et seq.);

The District of Columbia Human Rights Act of 1977, effective December 13, 2011 (D.C. Law 2-38; D.C. Official Code §§ 2-1401 et seq.);

Background check policy: All employees, volunteers, and contractors of the applicant who work with youth have undergone the necessary background checks and clearances, including those required by the Criminal Background Checks for the Protection of Children Act of 2004, effective April 13, 2005 (D.C. Law 15-353; D.C. Official Code §§ 4-1501.01 et seq.); and

All other applicable District and federal laws and regulations.

4010.4 Grant awards shall not be final until the execution of the grant agreement by both the awardee and the OST Office and, if necessary, approval by the Council.

4010.5 A grantee may not use grant funds to pay for costs incurred before the grant award is final.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4010

1 DCMR § 4011 NON-COMPETITIVE GRANTS: MONITORING, COMPLIANCE, AND RECORDS

4011.1 Each non-competitive grantee shall be required to provide periodic reports to the OST Office on its performance and expenses related to the grant. Details of the required reports, including a final report, shall be specified in the grant agreement.

4011.2 The OST Office may conduct evaluations, and perform on-site monitoring, of each non-competitive grantee’s performance and compliance with the grant agreement at such times and with such frequency as is deemed appropriate by the OST Office.

4011.3 Each grantee shall maintain programmatic and financial documentation, in either physical or electronic format, related to the grant for five (5) years after submission of the final report.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4011

1 DCMR § 4012 DISBURSEMENT OF GRANT FUNDS FOR COMPETITIVE AND NON-COMPETITIVE GRANTS

4012.1 The OST Grant Program may disburse grants in advance of expenses, except if the grantee has been designated high-risk by the OST Office as described in Subsection 4007.5. Disbursement details and timelines shall be set forth in the grant agreement.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4012

1 DCMR § 4013 USE OF GRANT FUNDS BY COMPETITIVE AND NON-COMPETITIVE GRANTEES

4013.1 Grant funds may not be used for to pay for:

(a) Costs paid for with other District government funds;

(b) Serving youth who reside outside the District;

(d) Bad debts;

(e) Contingencies;

(f) Indemnity insurance;

(g) Pension plans;

(h) Post-retirement benefits;

(i) General legal or other legal professional services (except that grant funds may be used to pay program-related legal fees if approved in advanced by the OST Office);

(j) Land, buildings, or capital improvements;

(k) The purchase of vehicles;

(l) Entertainment or social activities;

(m) Food or beverages associated with entertainment or social activities;

(n) Food or beverages for staff, contractors, or volunteers;

(o) Interest on loans;

(p) Fines or penalties;

(q) Fundraising;

(r) Investment management costs;

(s) Lobbying activities;

(t) Membership to lobbying organizations;

(u) Direct gifts to lobbying campaigns;

(v) Public relations of the organization (for example, displays, advertisements, exhibits, conventions, travel);

(w) Faith-based activities;

(x) Staff or board bonuses or staff or board incentives; or

(y) Fees or other payments to government agencies except as may be needed to comply with the OST Program’s background checks policy.

4013.2 Additional restrictions on the use of grant funds may be imposed by the OST Office in a grant agreement.

4013.3 In addition to the restrictions set forth in § 4013.1, a grantee may not make an expenditure of OST grant funds that is inconsistent with the budget in the grantee’s grant agreement. A grantee may request a modification to the budget in the grant agreement by submitting a budget modification request to the OST Office. The budget modification request must include an updated budget and a detailed rationale for each significant change to the budget. The budget modification request is subject to approval by the OST Office and approval shall be in the OST Office’s sole discretion. Notwithstanding the foregoing, the grantee may modify the budget in the grantee’s grant agreement without the approval of the OST Office if the modification to the budget, in combination with any other prior budget modifications under this provision, does not result in a change of ten percent (10%) or more in any budget line item throughout the grant period, unless otherwise provided in the grant agreement.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4013

1 DCMR § 4014 SUSPENSION OR TERMINATION OF GRANT FUNDS

4014.1 The OST Office may suspend or terminate a grant agreement or grant funding if a grantee has not demonstrated satisfactory performance or financial accountability under a grant agreement; has not spent grant funds in a timely manner; is in default under the grant agreement; or is not in compliance with all applicable District and federal laws and regulations.

4014.2 Upon notice of termination, the OST Office shall be entitled to the repayment or return of unexpended and unobligated grant funds, and any expended or obligated grant funds that were not expended or obligated in accordance with the grant agreement or applicable laws or regulations.

4014.3 Before terminating a grant agreement, the OST Office shall provide a notice of planned termination to the grantee at least thirty (30) days before the planned termination is to take effect. The notice shall describe the reason for the planned termination and shall provide at least fourteen (14) days for the grantee to respond to and/or cure the deficiency(ies) described in the notice of planned termination. After receipt of the grantee’s response to the notice of planned termination, the OST Office may rescind the notice of planned termination if the grantee has satisfactorily cured the deficiency(ies) described in the notice of planned termination and/or has provided sufficient evidence establishing that the deficiency(ies) did not exist.

4014.4 Notwithstanding, § 4013.3, the OST Office may terminate a grant with no prior notice or opportunity to respond or cure if the OST Office determines that such a termination is in the interests of the District government.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4014

1 DCMR § 4099 DEFINITIONS

4099.1 For the purposes of this chapter, the following words and phrases shall have the meanings ascribed:

Applicant – an entity that submits an application to be considered for grant funding from the OST Office.

At-risk – has the same meaning as set forth in Section 4(a) of the Fair Student Funding and School-Based Budgeting Amendment Act of 2013, effective February 22, 2014 (D.C. Law 20-87; D.C. Official Code § 38-2901(2A)).

Grantmaking partner – a non-profit organization that administers and monitors the OST Grant Program, or any portion of the OST Grant Program, on behalf of the OST Office.

Out-of-school time program (OST Program) – a structured, supervised learning or youth development program offered before school, after school, on weekends, or during seasonal school breaks.

Request for Application (RFA) – a document that solicits entities to submit an application to be considered for grant funding from the OST Office.

Reviewer – an individual that evaluates and scores grant applications.

Youth – an individual of twenty-one (21) years of age or less who is eligible to enroll in a District primary or secondary school, or an individual of twenty-two (22) years of age or less who is eligible to receive special education services from a District local educational agency.

Youth development – a programmatic or service delivery approach that engages youth within their communities, schools, organizations, peer groups, and families in a manner that is productive and constructive; recognizes, utilizes, and enhances youths’ strengths; and promotes positive outcomes for youth by providing opportunities, fostering positive relationships, and furnishing the support needed to build on their strengths.

Youth development program – a program or service that engages youth in a variety of social, emotional, educational, and recreational activities to promote improvements to their intellectual, behavioral, and physical well-being, consistent with a youth development approach.

History

SOURCE: Final Rulemaking published at 68 DCR 1699 (February 5, 2021). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 4099

1-48 INVESTMENT OF PUBLIC FUNDS: REPURCHASE AGREEMENTS

1 DCMR § 4800 PLACEMENT OF INVESTMENTS

4800.1 The Chief Financial Officer of the District of Columbia shall invest all deposited public funds which are not required to be disbursed immediately.

4800.2 Public funds shall be invested in obligations of the United States government or its agencies directly or through repurchase agreements secured by such obligations.

4800.3 The investments shall have the longest maturities possible under the circumstances.

4800.4 The period for which an investment may be held shall not exceed ninety-one (91) days.

4800.5 Each investment shall be placed with the eligible financial institution which has made the highest interest rate yield bid in response to a solicitation by the Chief Financial Officer of the District of Columbia.

History

AUTHORITY: Pursuant to section 424 of the District of Columbia Home Rule Act of 1973, as amended by Pub. L. No. 109-356, approved October 16, 2006 (D.C. Official Code 1-204.24a et seq.), all duties of the Deputy Mayor for Financial Management have been transferred to the Chief Financial Officer of the District of Columbia.
SOURCE: Final Rulemaking published at 32 DCR 5098 (September 6, 1985).

1 DCMR § 4801 APPROVAL OF FINANCIAL INSTITUTIONS

4801.1 Each financial institution desiring to be an eligible financial institution shall submit information, in the form provided by the Chief Financial Officer of the District of Columbia, which is appropriate for the evaluation of the condition of such financial institution.

4801.2 The factors to be considered by the Chief Financial Officer of the District of Columbia in approving a financial institution as an eligible financial institution shall include, but not be limited to, the following:

(a) The financial history and condition of the financial institution and its affiliates;

(b) The submission of reports by the financial institution and its affiliates to the Federal Reserve System, Securities and Exchange Commission, and National Association of Securities Dealers;

(c) The prospects of the financial institution and its affiliates as shown by satisfactory business relations with other governments;

(d) The integrity of the management of the financial institution and its affiliates reflected in a history of dealing in government securities;

(e) The efficiency of the financial institution and its affiliates in making delivery of collateral and providing the requested transaction documentation; and

(f) The convictions, fines, reprimands, suspensions or other penalties imposed by any court of law or regulatory body on the financial institution or its affiliates.

4801.3 No financial institution desiring to be an eligible financial institution shall be required to submit information and reports not made public under federal regulations.

4801.4 Each eligible financial institution shall keep current any information required to be submitted pursuant to this subsection and shall immediately notify the Chief Financial Officer of the District of Columbia of any change in its condition or in its total assets which causes investments to exceed the limitation of § 4802.

4801.5 Each eligible financial institution and each of its affiliates shall submit its financial statements and audit report prepared by an independent certified public accountant to the Chief Financial Officer of the District of Columbia not later than four (4) months after the end of each of its fiscal years.

4801.6 Any financial institution which misrepresents any material information required to be submitted pursuant to this section shall be terminated as an eligible financial institution by the Chief Financial Officer of the District of Columbia and shall be ineligible for placement of investments for public funds for a period of not less than two (2) years thereafter.

4801.7 The Chief Financial Officer of the District of Columbia may in his or her sole discretion terminate an eligible financial institution for cause. Cause shall include the following:

(a) Bankruptcy;

(b) Default or insolvency;

(d) Failure to deliver collateral; or

(e) Slowness in repayment.

4801.8 The Chief Financial Officer of the District of Columbia shall publish in the D.C. Register the name and address of each financial institution which has been approved by him or her as an eligible financial institution or has been terminated by him or her.

History

SOURCE: Final Rulemaking published at 32 DCR 5098-5100 (September 6, 1985).

1 DCMR § 4802 LIMITATION ON AMOUNT

4802.1 No financial institution shall at any time have investments of public funds in an amount exceeding twenty-five percent (25%) of the total assets, exclusive of public funds, of that financial institution.

History

SOURCE: Final Rulemaking published at 32 DCR 5098, 5100 (September 6, 1985).

1 DCMR § 4803 REQUIRED COLLATERAL

4803.1 Both the principal and interest of any public funds invested in repurchase agreements shall be fully secured by obligations of the United States government or its agencies.

4803.2 The Chief Financial Officer of the District of Columbia shall receive the required collateral at or before the close of the business day on which the investment is made.

4803.3 No collateral shall be returned to a financial institution except upon the repayment of the public funds invested with such financial institution.

4803.4 Any financial institution may, with the approval of the Chief Financial Officer of the District of Columbia, substitute different and acceptable collateral of the type specified in § 4803.1.

4803.5 Each financial institution shall give the Chief Financial Officer of the District of Columbia a power of attorney authorizing him or her to transfer any collateral or any part of the collateral for the purpose of repaying any investment made under this chapter.

4803.6 Upon the default or insolvency of any financial institution, or if the Chief Financial Officer of the District of Columbia believes that the liquidity or safety of any public funds invested with any financial institution will be jeopardized by delay, he or she shall immediately take all steps consistent with applicable law to sell as much collateral as may be necessary to recover all public funds, including interest accrued thereon, invested with that financial institution.

History

SOURCE: Final Rulemaking published at 32 DCR 5098, 5100-01 (September 6,1985).

1 DCMR § 4804 DELEGATION OF DUTY

4804.1 Wherever this chapter prescribes the performance of a duty by the Chief Financial Officer of the District of Columbia, that duty shall be performed by the Chief Financial Officer of the District of Columbia or any person that the Chief Financial Officer of the District of Columbia may delegate to perform the duty for him or her.

History

SOURCE: Final Rulemaking published at 32 DCR 5098, 5101 (September 6, 1985).

1 DCMR § 4899 DEFINITIONS

4899.1 For the purposes of this chapter, the following words and phrases shall have the meaning ascribed:

Default or insolvency -

(a) The inability or failure of a financial institution to repay any public funds invested with such financial institution upon demand or at maturity; or

(b) The acknowledgement by a financial institution of such inability or failure to repay; or

(c) The issuance of an order from the appropriate regulatory agency advising a stipulated regulatory agency to arrange for the supervision of the portfolio of a financial institution which falls under paragraph (a) or (b) of this subsection.

District - the District of Columbia government or any agency, board, commission, institution, committee, office, officer, or instrumentality thereof; or, if required by the context, the word “District” means the geographical area of the District of Columbia.

Eligible financial institution -

(a) Any bank which is insured by the federal government pursuant to chapter 16 of Title 12 of the Unites States Code (64 Stat. 873) and which has been approved by the Chief Financial Officer of the District of Columbia pursuant to § 4801; and

(b) Any securities dealer which is insured by the Securities Investor Protection Corporation and which has been approved by the Chief Financial Officer of the District of Columbia pursuant to § 4801.

Obligations of agencies of the United States - instruments issued by agencies of the United States government, and not directly by the United States Treasury, which are guaranteed both as to principal and interest by the full faith and credit of the United States government.

Obligations of the United States government - an instrument of the United States public debt that is issued by the United States Treasury and is guaranteed both as to principal and interest by the full faith and credit of the United States government, including United States Treasury bills, United States Treasury notes, and United States Treasury bonds.

Public funds - all monies belonging to or under the control of the District except funds appropriated pursuant to the Act of July 2, 1862, 7 U.S.C. §§ 301-305, 307, 308, D.C. Code § 31-1408 (1998 Repl.), and the District of Columbia Retirement Reform Act, Public Law 96-122, March 17, 1979, 93 Stat. 866, D.C. Code §§ 1-701 et seq. (1999 Repl.).

Repurchase agreements - contracts for the sale or purchase of securities subject to the condition that, after a stated period of time, the original seller will buy back such securities at an agreed price plus interest at an agreed rate.

History

SOURCE: Final Rulemaking published at 32 DCR 5098, 5101-02 (September 6, 1985).

1-50 SUBGRANTS TO PRIVATE AND PUBLIC AGENCIES

1 DCMR § 5000 PURPOSE

5000.1 It is the goal of the District of Columbia Government to administer grant resources efficiently and effectively consistent with the specific statutes that authorize grants and to serve the residents of the District of Columbia. One of the primary methods for achieving this goal is through supporting the services and activities of public and private organizations through subgrants. The following rules establish the policies and procedures for all District agencies to follow when making subgrant awards.

History

SOURCE: Final Rulemaking published at 46 DCR 4517 (May 21, 1999).

1 DCMR § 5001 DISTINCTION BETWEEN A PROCUREMENT AND A SUBGRANT

5001.1 Procurement means the obtaining by contract of property, supplies, or services (including construction) by or for the District through purchase or lease, whether the supplier or services are already in existence or must be created, developed, demonstrated, or evaluated, and includes the establishment of agency needs, solicitation of sources, award of contracts, contract financing, contract performance, contract administration, and those technical and management functions related to the process of fulfilling agency needs by contract.

5001.2 A grant is financial assistance to an organization to support or stimulate the accomplishment of a public purpose as defined by the law that authorizes the grant. For purposes of this chapter, a subgrant is the award of grant funds by the District to a subrecipient organization to accomplish the same public purpose.

5001.3 In determining whether a procurement or a subgrant is the proper mechanism for a District agency to award funds to a private organization or another public agency, agencies shall apply the following criteria. If the answers to (a) - (c) are “yes,” then a subgrant is appropriate.

(a) Is there a statute that authorizes the District agency to support or stimulate the activity of the subgrantee and authorizes the subgrant?

(b) Is the principal purpose of the relationship the transfer of money, property, services, or anything of value to the subgrantee to accomplish a public purpose of support and stimulation authorized by statute, rather than an acquisition of goods or services for the direct benefit of the District government?

(c) Does the applicant, not the District, define the specific services, the service levels, and the program approach for carrying out the subgrant?

History

SOURCE: Final Rulemaking published at 46 DCR 4517-18 (May 21, 1999).

1 DCMR § 5002 THE PRE-AWARD PROCESS FOR SUBGRANTING TO PRIVATE ORGANIZATIONS

5002.1 All subgrants to private organizations shall be awarded on a competitive basis. The exceptions are as follows:

(a) An agency may make an award on a sole source basis in appropriate circumstances. These circumstances include, but are not limited to, situations where: (1) the award of the grant designates the subgrant recipient; (2) the federal law defines eligibility in such a way that there is only one eligible applicant; or (3) there is a recognized coalition of service providers through which the broadest community participation may be obtained in serving the targeted clientele.

(b) An agency may make an award to an unsolicited proposal if: (1) the agency has unobligated funds remaining from the grant due to unusual and unanticipated factors; (2) the applicant has a program or project that clearly furthers the purpose of the grant;(3) the proposal reflects proprietary skills or technology that are limited in availability; and (4) the applicant brings to the total grant program matching resources (cash or in-kind) equivalent to at least thirty percent of the grant assistance requested.

5002.2 When an agency decides to award subgrants to private organizations, it shall follow the steps described in section 5002, subsections 5002.3 through 5002.7. These steps shall be followed even though the pool of applicants may also include governmental agencies.

5002.3 The agency shall first complete and approve the Subgrant Certification Form (SCF) in which it certifies that a subgrant is authorized under the criteria set forth in section 5001.3.

5002.4 The agency shall prepare the Request for Applications (“RFA”) as follows:

(a) The agency shall state in the RFA the eligibility requirements for applicants, the amount of total funding anticipated for approved applications, the average amount of each subgrant or the range of subgrant awards, the criteria that will be used for scoring applications, the deadline and technical requirements for submitting applications, and the date of the pre-application conference. If the agency has not received the official grant award at the time the RFA is prepared, a contingency clause shall be included which conditions the subgrant on the receipt and availability of funding;

(b) The agency shall describe the purpose of the program in the RFA by defining the type and range of services or activities that a subgrantee shall carry out under a subgrant. The applicant shall propose measurable goals, objectives and timeframes, target recipients and a plan of formal evaluation for each specific service proposed by the applicant. The “purpose of program” section should also specify the time period for which all services will be funded and any special requirements in the authorizing statute or regulations;

(c) The criteria specified in the RFA for scoring applications shall include, but not be limited to: justification of need for grant funds, soundness of proposed service delivery plan, adequacy and reasonableness of proposed resources required, and demonstrated capability for managing the proposed project; and

(d) The agency shall give applicants a reasonable deadline in the RFA for submitting applications. Normally, thirty business days is considered reasonable unless emergency circumstances necessitate a shorter period of time.

5002.5 The agency shall prepare and disseminate a Notice of Funds Availability (“NOFA”) as follows:

(a) The NOFA shall include a brief description of the purpose for which funds are available, criteria for eligible applicants, and the time and location at which the RFA may be obtained; and

(b) The NOFA shall be published in the D.C. Register and on the website that is maintained by the OGMD for all grant-funded NOFAs issued by the District government. Additionally, an agency may choose to disseminate a NOFA by publishing it in local newspapers and community newsletters, direct mailing to all prospective applicants or any other reasonable form of distribution.

5002.6 The agency shall establish a panel to review applications and make recommendations for award as follows:

(a) After the NOFA has been published and the RFA released, the agency shall appoint a review panel. The panel shall be comprised of a minimum of three individuals with knowledge and expertise in the objectives of the grant and RFA, as well as in the standard administrative requirements mandated by the source of funds. The review panel shall score the applications and make recommendations on which applications should be funded. Final decisions on awards and amounts shall be made by the head of the agency;

(b) Panelists shall sign affidavits that certify that they have no personal or vested interest in the organizations that submitted applications in response to the RFA. Affidavit forms may be obtained from the OGMD. OGMD also maintains a central registry of qualified application reviewers. Agencies are encouraged to use this registry in recruiting review panelists;

(c) Panelists who are not employees of the District government may be compensated for time served on a panel in accordance with subsection (d);

Panelists who are employees of the District government may not be compensated and may only serve if they have written authorization from their supervisors to serve on a panel;

(d) The administering agency may compensate review panelists at a rate that obtains the best qualified panelists within the following limits: (1) the maximum rate allowable by the federal grantor agency for its own review panelists; (2) the amount available in the administrative budget of the grant; and (3) the maximum daily rate of a current DS-15 pay scale;

(e) The agency shall ensure that the review panelists are trained for their tasks. The agency shall convene a meeting of the panelists prior to the review activities and instruct them on the goals and objectives of the grant and the RFA, the scoring criteria and instruments, and the timeframe for completion of the panel’s work. Guidelines for the establishment and management of review panels may be obtained from OGMD;

(f) After a review panel has completed its work, the agency shall evaluate each panelist’s performance and forward that evaluation to OGMD for inclusion in the central registry; and

(g) If the agency awards a sole source or unsolicited proposal, the agency need not use an external review panel. The agency shall internally evaluate and score the sole source or unsolicited proposal using the same criteria that would have been applied to a competitive solicitation. The agency shall prepare a sole source justification explaining the circumstances that justified the absence of competition and attach that justification to the subgrant Certification Form that is submitted to the OMGD.

5002.7 The agency shall decide who shall be awarded a subgrant in accordance with the following:

(a) After the subgrant officer has received the evaluations and records of the review panel, the head of the agency or his/her designee shall make decisions on award and amount of each subgrant, subject to the advice of any advisory body required by law or regulation for the funding grant;

(b) If the agency director or his/her designee decides not to follow the review panel’s recommendation, he/she shall provide written justification in the grant records and attach a copy of that justification to the SCRF submitted to OGMD; and

(c) After preliminary decisions have been made on awards, but before all approvals have been received, information regarding awards may be considered confidential to the extent permitted under the requirements of the Freedom of Information Act.

History

SOURCE: Final Rulemaking published at 46 DCR 4517-21 (May 21, 1999).

1 DCMR § 5003 [RESERVED]

1 DCMR § 5004 THE AWARD PROCESS

5004.1 The first step in the award process is obtaining required approvals.

(a) To ensure that agencies have followed the competitive process specified above, OGMD will review each subgrant award that exceeds $10,000 before it can become final. To submit proposed subgrant awards to OGMD, the agency shall complete the Subgrant Competitive Review Form (SCRF) and attach the following documentation: (1) list of proposed awards by subgrant number, name of organization, name of project, and award amount; (2) copy of the NOFA from the D.C. Register, (3) copy of the RFA; (4) names of the review panelists and copies of their signed affidavits; (5) individual and aggregate scores and recommendations from the review process; and (6) justifications, if applicable, for awards not consistent with review panel’s scores. In instances of proposed awards not based on competitive solicitation, an agency shall submit only the SCRF, name of the proposed subgrantee, name of the project, award amount and justification for the absence of competition.

(b) OGMD shall review the submitted documents within two business days of submission. If the procedures have been followed and no other review is required, OGMD shall authorize the agency to issue the subgrant(s).

(c) If a proposed award to a private organization was not based on a competitive solicitation, OGMD will submit within two business days the proposed award to the City Administrator and Chief Financial Officer for review and approval. OGMD shall notify the agency of the final decision.

(d) In addition to the review for competitiveness by OGMD and, if required, by the City Administrator and Chief Financial Officer, any subgrant award involving expenditures in excess of $1 million during a 12-month period, including subsequent modifications to an award that singly or in aggregate with the award involves expenditures in excess of $1 million during a 12-month period, shall be reviewed and approved by the Council of the District of Columbia. After receiving notification of approval from OGMD, the subgrant officer shall submit the proposed subgrant award to the Council for review and approval.

5004.2 The agency shall prepare and issue the award documents to the subgrantee as follows:

(a) The award documents shall subject the subgrantee to the same conditions and guidelines that apply to the original grant. The documents shall include: a transmittal letter; subgrant award instrument; standard terms and conditions; any special conditions that may apply; and, forms for reporting programmatic and financial activities and to request funds.

(b) The subgrant award instrument shall contain, but not be limited to the following information: name, address, and telephone number of the granting agency; subgrant number assigned by the granting agency; beginning and ending dates of the subgrant award; name, address, and telephone number of the subgrantee; name, title, address and telephone number of the official contact person for the subgrantee; amount of the funds awarded and the amount of any resources, if any, that the subgrantee must contribute; signature lines for representatives from the agency and subgrantee; and incorporation of the application by reference.

(c) If the award amount and/or project period are different from those in the application or if the agency requires further clarification of proposed performance standards in the application, the applicant shall be required to submit and obtain approval of the requisite modifications. This may be accomplished either prior to the final award to the subgrantee or afterwards. If afterwards, the award shall contain a special condition that prohibits expenditure of funds by the subgrantee until submission and approval of the required modifications or clarification.

(d) The standard terms and conditions stated in the award document shall specify the administrative requirements to which the subgrantee must adhere. The terms and conditions shall contain, but not be limited to, the following items:

(1) Citations of the statute and implementing regulations that authorize the grant;

(2) All applicable federal and District regulations, such as OMB Circulars A-21, A-110, A-121 and A-133;

(3) Payment provisions identifying how the subgrantee will be paid for performing under the subgrant;

(4) Reporting requirements, including programmatic, financial and any special reports required by the granting agency; and

(5) Compliance issues and conditions that must be met by the subgrantee.

5004.3 Before the agency issues the award documents to successful applicants, it shall notify in writing each applicant whose application was not selected for award. This notification shall include copies of the reviewers’ evaluation and comments.

5004.4 The agency shall establish the official records of awarded subgrants. The agency shall incorporate into the grant files and retain the records of all awarded applications and subsequent reports for the period required by federal and District guidelines for grant records. The active retention period is normally three years from the date when the final programmatic and financial reports are submitted to the federal grantor or, if an audit is conducted within that three-year period, the date when the audit report is officially closed. After the active retention period, District regulations require archival retention for an additional four years.

5004.5 Agencies shall maintain records of unsuccessful applications for one year from the date that the RFA closed.

History

SOURCE: Final Rulemaking published at 46 DCR 4517, 4521-23 (May 21, 1999).

1 DCMR § 5005 DEFINITIONS

5005.1 For the purposes of this chapter, the following words and phrases shall have the meaning ascribed:

Agency- District agency that awards a subgrant.

Grant - The grant received by a District agency from which the agency makes subgrant awards.

OGMD - The Office of Grants Management and Development.

Notice of Funding Availability or NOFA - A public notice that an agency will issue a Request for Applications, informing interested parties when and where the Request for Applications may be obtained.

Request For Applications or RFA - The document that describes the requirements for subgrant applications.

Review Panel - A team of qualified individuals responsible for reviewing, scoring and recommending applicants for subgrant award.

Subgrant Award - The commitment of funds from a grant by an agency to a governmental or private organization to support specific services and operations.

Subgrant Certification Form or SCF - A certification by an agency that a grant qualifies for subgranting.

Subgrant Officer - An agency official authorized to execute subgrant awards for the agency.

Subgrant Competitive Review Form or SCRF - A transmittal form for submitting proposed awards for review and approval by the Office of Grants Management and Development.

Subgrantee - An organization to which a subgrant has been awarded.

History

SOURCE: Final Rulemaking published at 46 DCR 4517, 4524 (May 21, 1999).

1-51 RULEMAKING PETITION TO THE OFFICE OF THE ATTORNEY GENERAL

1 DCMR § 5100 RULEMAKING PETITION FORM AND CONTENT

5100.1 All petitions to the Office of the Attorney General for the District of Columbia (OAG) to promulgate, amend, or repeal a rule for the implementation of a statute or program that the Attorney General is authorized to administer shall be in writing addressed to the Attorney General and shall:

(a) Identify the statute or program the OAG is authorized to administer and the source of rulemaking authority OAG possesses to issues rules for the statute or program;

(b) Identify any existing rules to be amended or repealed;

(d) Provide a narrative description of the policy or procedure that the petition seeks to address;

(e) Provide a listing of the name of any OAG personnel the petitioner has contacted concerning the substance of the rulemaking petition; and

(f) Provide the name, daytime telephone number, email address and/or mailing address for the petitioner.

History

SOURCE: Final Rulemaking published at 66 DCR 4800 (April 12, 2019). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 5100

1 DCMR § 5101 REVIEW OF RULEMAKING PETITION

5101.1 Not later than sixty (60) days after receipt of a rulemaking petition, OAG shall:

(a) Deny the petition in a writing, state its reasons for the denial, and notify the petitioner of the denial at the mailing address provided in the petition; or

(b) Initiate rulemaking to promulgate, amend, or repeal a rule consistent with the petition.

History

SOURCE: Final Rulemaking published at 66 DCR 4800 (April 12, 2019). District of Columbia Municipal Regulations Mayor and Executive Agencies 1 DCMR § 5101

1-56 REVIEW AND APPROVAL OF INFORMATION TECHNOLOGY PROCUREMENTS

1 DCMR § 5600 APPLICABILITY

5600.1 This chapter applies to all subordinate agencies of the District of Columbia.

History

SOURCE: Final Rulemaking published at 54 DCR 11517 (December 17, 2004).

1 DCMR § 5601 DEFINITION OF “INFORMATION TECHNOLOGY”

5601.1 For purposes of this section, “information technology” means the use of hardware, software, services, and supporting infrastructure to manage and deliver information using voice, data, and video. For example, information technology includes, but is not limited to:

(a) all computers with a human interface;

(b) all computer peripherals which will not operate unless connected to a computer or network;

(d) all salary and benefits for staff whose job descriptions specifically includes technology functions, i.e. network services, applications development, systems administration;

(e) all technology services provided by vendors or contractors;

(f) operating costs associated with providing information technology; and

(g) all costs associated with developing, purchasing, licensing or maintaining software.

History

SOURCE: Final Rulemaking published at 54 DCR 11517 (December 17, 2004).

1 DCMR § 5602 REVIEW OF INFORMATION TECHNOLOGY PROCUREMENTS

5602.1 Pursuant to D.C. Official Code § 1-1403, the Office of the Chief Technology Officer (OCTO) shall review and approve all agency proposals, purchase orders, and contracts valued over $ 25,000 for the acquisition of information technology items or services, and shall recommend approval or disapproval to the Chief Procurement Officer.

5602.2 Any agency proposal, purchase order, or contract valued over $ 25,000 for the acquisition of information technology items or services that has not been reviewed by the Office of the Chief Technology Officer and recommended for approval to the Chief Procurement Officer shall be deemed recommended for disapproval to the Chief Procurement Officer.

History

SOURCE: Final Rulemaking published at 54 DCR 11517 (December 17, 2004).

1-57 FEE FOR REPLACEMENT OF DC ONE CARD

1 DCMR § 5700 GENERAL AUTHORITY; PURPOSE

5700.1 This chapter is promulgated pursuant to authority set forth in section 1814 of the Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111; D.C. Official Code § 1-327.73 (2011 Supp.)), and Mayor’s Order 2011-119, dated July 14, 2011.

5700.2 The purpose of this chapter is to set forth fees for the replacement of DC One Card credentials containing electronic chips.

History

Source: Notice of Final Rulemaking published at 58 DCR 9512 (November 11, 2011).

1 DCMR § 5701 ISSUANCE AND FEES FOR REPLACEMENT DC ONE CARDS

5701.1 The Office of the Chief Technology Officer (OCTO) shall issue replacement DC One Cards.

5701.2 OCTO shall charge a non-refundable fee of five ($5) for the replacement of each DC One Card that contains an electronic chip.

5701.3 Cardholders may pay the replacement fee by major credit card or money order.

History

Source: Notice of Final Rulemaking published at 58 DCR 9512 (November 11, 2011).

1 DCMR § 5799 DEFINITIONS

5799.1 When used in this chapter, the following terms shall have the meanings ascribed:

DC One Card - a credential issued by the District government as a single credential for purposes of accessing multiple District facilities, programs, and benefits, such as public libraries, parks, recreation centers, and public schools. Each DC One Card contains a unique number and data elements that establish the unique identity of the cardholder. Some DC One Cards also contain electronic chips.

Electronic chip - a smart chip, radio frequency identification chip, or other contact or contact-less media, including but not limited to a Washington Metropolitan Area Transit Authority Smartrip chip, that is physically embedded in a DC One Card to provide identification and/or other functionality.

History

Source: Notice of Final Rulemaking published at 58 DCR 9512 (November 11, 2011)

1-72 SCHEDULE OF FEES FOR FIRE AND EMERGENCY MEDICAL SERVICES TRAINING

1 DCMR § 7200 SCHEDULE OF FEES

The following fees are established for training providing by the District of Columbia Fire and Emergency Medical Set-vices Department:

Firefighter 1, Firefighter II, Hazardous Materials 471&472 $1500

Emergency Medical Technician Certification $ 475

Emergency Medical Technician Re-certification $ 65

Emergency Medical Technician/Paramedic Re fresher $ 240

Fire Officer I $ 395

Instructor $ 150

Instructor II $ 150

Heartsaver (CPR) $ 120

Healthcare Provider CPR & Automated External Defibrillator $ 150

All other courses not listed $ 38 per hour/student

History

SOURCE: Final Rulemaking published at 52 DCR 2728 (March 18, 2005).