Title 19 DCMR — AMUSEMENTS, PARKS, AND RECREATION

19-1 WASHINGTON CONVENTION AND SPORTS AUTHORITY: BY LAWS

19 DCMR § 101 OFFICE AND REGISTERED AGENT

101.1 The Authority shall continuously maintain in the District of Columbia a registered office at such place as may be designated by the Board of Directors (the Board). The principal office of the Authority shall be in the District of Columbia, at such address as may from time to time be designated by the Board. The Authority may also have offices at such other places as the Board may from time to time designate.

101.2 The Authority shall continuously maintain within the District of Columbia a registered agent, which shall be designated by the Board.

History

• SOURCE: Final Rulemaking published at 45 DCR 3816 (June 12, 1998); as amended by Final Rulemaking published at 57 DCR 10919 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19 DCMR § 102 BOARD OF DIRECTORS

102.1 The direction, control and management of the affairs and funds of the Authority shall be vested in the Board, which shall pursue such policies and activities as shall be in accordance with the provisions of the Act and the relevant statutes of the United States and the District of Columbia. The Board will employ staff and adopt appropriate procedures to carry out its duties.

102.2 After notice, the Mayor of the District of Columbia shall remove any Member for failure to establish or maintain residency in the District of Columbia as required by the Act, or for misconduct or neglect of duty as defined by Section 199 of these bylaws.

102.3 A Member may resign at any time by giving notice thereof in writing to the Mayor, with a copy to the Chairperson. The Chairperson may resign at any time by giving notice thereof in writing to the Mayor, with copies to the Vice Chairperson and the Secretary.

History

• SOURCE: Final Rulemaking published at 45 DCR 3816, 3817 (June 12, 1998); as amended by Final Rulemaking published at 57 DCR 10919 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19 DCMR § 103 MEETINGS OF THE BOARD

103.1 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.

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

103.3 Regular meetings of the Board shall be held no less than once every sixty (60) days at such time and place as the Chairperson shall determine. At least three (3) business days in advance of each regular meeting of the Board, notice shall be given to each Member and to the public. However, seven (7) business days’ notice shall be given for regular meetings if, in the opinion of the Chairperson, the matters to be voted upon by the Board at such meeting could potentially have an adverse impact on the community.

103.4 Special meetings of the Board may be called at the discretion of the Chairperson or at the request of any six (6) Members. At least forty-eight (48) hours in advance of each special meeting of the Board, notice shall be given to each Member and to the public.

103.5 At least seven (7) calendar days before each meeting of the Board (special or regular) at which amendments to the bylaws are to be considered, notice shall be given to each Member and to the public.

103.6 Notice of a meeting of the Board shall specify the date, time and place of the meeting.

103.7 Notice must be either delivered personally to each Member, or mailed via the United States Postal Service (USPS), facsimile transmission or electronic mail to his or her business address. If such notice is given by USPS, it shall be deemed delivered when deposited in the United States mail properly addressed and with postage prepaid thereon. If such notice is sent by telecopy, electronic mail or delivered personally, it shall be deemed delivered when received. However, a Member may waive notice of any regular or special meeting by written statement filed with the Board. Attendance at a meeting shall also constitute a waiver of notice.

103.8 Public notice shall be given by publication in the D.C. Register or in a newspaper of general circulation.

History

• SOURCE: Final Rulemaking published at 45 DCR 3816, 3817 (June 12, 1998); as amended by Notice of Final Rulemaking published at 57 DCR 10919, 10920 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19 DCMR § 104 QUORUM

104.1 Six (6) Members shall constitute a quorum for the transaction of business at any meeting of the Board, except that if a quorum is not present at a meeting, a majority of the Members present may adjourn the meeting to another time, without further notice.

104.2 Except as otherwise provided by the Act or these bylaws, an affirmative vote of a majority of the Members present at a meeting at which a quorum exists shall be required for any valid Board action; provided, however, that no resolution authorizing the issuance of any bonds or adopting any budget or financial plan shall be deemed approved unless the Chief Financial Officer of the District of Columbia voted in favor of such action.

104.3 A Member may vote either in person or by proxy given to another Member. The proxy shall be executed in writing by the Member who is absent, shall name the Member to whom the proxy is given, and shall be delivered to the Secretary.

104.4 Each proxy shall specifically identify the meeting for which the proxy is valid.

104.5 A Member’s proxy may be revoked by the Member at any time in writing.

104.6 No vacancy in membership, except a vacancy in the Office of Chief Financial Officer of the District of Columbia, shall impair the right of a quorum to exercise all rights and perform all duties of the Board.

104.7 Subject to the provisions of Section 105 below and at the discretion of the Chairperson, any or all Members may participate in a meeting of the Board, or a committee of the Board, by means of telephone conference 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: Final Rulemaking published at 45 DCR 3816, 3818 (June 12, 1998); as amended by Final Rulemaking published at 57 DCR 10919, 10921 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19 DCMR § 105 OPEN MEETINGS

105.1 All meetings of the Board at which action of any kind is taken shall be open to the public, and no official action shall be effective unless taken at such meeting.

105.2 A written transcript shall be kept for all such meetings and shall be made available to the public during normal business hours of the Authority. Copies of such written transcripts or copies of such transcriptions shall be available, upon request, to the public at a reasonable cost.

History

• SOURCE: Final Rulemaking published at 45 DCR 3816, 3818 (June 12, 1998); as amended by Final Rulemaking published at 57 DCR 10919, 10921 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19 DCMR § 106 COMMITTEES

106.1 The Board may, by resolution passed by a majority of the Members of the Board, designate one or more committees including standing committees; each such committee shall consist only of Members of the Board, which Members shall be appointed by the Chairperson of the Board.

106.2 The Board may remove any member of any committee at any time, with or without cause, and may designate one or more Members of the Board as alternate members of any committee, who may replace any absent or disqualified member of such committee at any meeting of the committee.

106.3 In the event that the Chairperson has not designated a committee chairperson, the committee shall appoint one of its own members as chairperson, who shall preside at all meetings and may also appoint a secretary (who need not be a member of the committee) who shall keep its records and who shall hold office at the pleasure of the committee.

106.4 Any such committee, to the extent permitted by the Act, shall have and may exercise such powers and authority to conduct investigations or recommend actions to the Board as shall be specified by resolution of the Board; provided that the principal functions of any such committees shall be to function as a liaison between the Board and the Authority’s staff, consultants or other third parties and to gather information for purposes of aiding the Board in its decision making.

106.5 No committee shall have power or authority to:

(a) fill vacancies on any committee;

(b) adopt, amend, or repeal these bylaws;

(c) sell, exchange, assign, convey, lease, transfer or otherwise dispose of any of the Authority’s assets; or

(d) take any action that is within the exclusive authority of the Board.

106.6 Regular meetings of such committees may be held without notice of the time, place or purposes thereof and shall be held at such times and places as the committee may from time to time determine.

106.7 Special meetings of such committees may be held upon notice of the time, place and purposes thereof. Until otherwise ordered by the committee, special meetings shall be held at any time and place at the call of the Chairperson of the Board or chairperson of such committee.

106.8 At any regular or special meeting any such committee may exercise any or all of its powers, and any business which shall come before any regular or special meeting may be transacted there, provided a majority of the committee is present; but in every case the affirmative vote of a majority of all of the members of the committee shall be necessary to take any action.

106.9 Each committee shall keep regular minutes of its proceedings and distribute a copy thereof to each of the Members of the Board and the Secretary of the Authority after each committee meeting.

106.10 Before the Board or any of its committees acts upon any request for the use of excess funds totaling more than two hundred fifty thousand dollars ($250,000) from the Washington Convention Center Marketing Fund, the Board shall afford the Washington Convention and Tourism Corporation an opportunity to review and comment upon the request.

History

• SOURCE: Final Rulemaking published at 45 DCR 3816, 3818-20 (June 12, 1998); as amended by Final Rulemaking published at 49 DCR 4571 (May 17, 2002); as amended by Final Rulemaking published at 57 DCR 10919, 10922 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19 DCMR § 107 OFFICERS

107.1 The Officers of the Authority shall be a Chairperson, a Vice Chairperson, a Treasurer, a President and Chief Executive Officer, a Chief Financial Officer of the Authority, a Secretary, an Assistant Secretary, and such other officers as may from time to time be deemed advisable by the Board.

107.2 Unless otherwise provided in the Act or these bylaws, officers shall be chosen by a majority vote of the Board.

107.3 The Chairperson and Vice Chairperson shall be Members. The other Officers may, but need not, be Members. Any two or more offices may be held by the same person except the offices of Chairperson and Secretary.

107.4 Unless otherwise provided by the Act or these bylaws, the Officers of the Authority shall hold their offices for such terms as shall be determined from time to time by the Board.

107.5 Unless otherwise provided by the Act or these bylaws, the Officers of the Authority 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.

107.6 The Officers of the Authority shall hold office until their successors are chosen and qualified. Unless otherwise provided in the Act or these bylaws, any Officer of the Authority may be removed at any time by a majority of the Members in office, with or without cause, and any vacancy occurring in any office of the Authority may be filled by the vote of a majority of the Members in office.

107.7 The Chairperson and such other Officers, employees and agents as may be authorized by the Board may enter into and execute, on behalf of the Authority, contracts, leases, debt obligations and all other forms of agreements or instruments, whether under seal or otherwise, permitted by law, the Act and these bylaws; except where such documents are required by law or the Act to be otherwise signed and executed, or where the signing and execution thereof shall be exclusively delegated to some other Officer or agent of the Authority.

107.8 All checks, drafts or other orders for the payment of money shall be signed by such Officer or Officers or such other person or persons as the Board may, from time to time, designate.

History

• SOURCE: Final Rulemaking published at 45 DCR 3816, 3820-21 (June 12, 1998); as amended by Notice of Final Rulemaking published at 57 DCR 10919, 10923 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19 DCMR § 108 President and Chief Executive Officer

108.1 The President and Chief Executive Officer shall have the duties described in the Act and such other duties as may be authorized by the Board for the effective and efficient management of the Authority.

History

• SOURCE: Final Rulemaking published at 45 DCR 3816, 3821 (June 12, 1998); as amended by Final Rulemaking published at 57 DCR 10919, 10924 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19 DCMR § 109 CHIEF FINANCIAL OFFICER OF THE AUTHORITY

109.1 The Chief Financial Officer of the Authority shall perform all duties customary to that office and, except as may be required in any instrument under which any bonds are issued by the Authority, shall be responsible for all corporate funds and securities, and shall keep full and accurate accounts of receipts and disbursements in the books of the Authority.

109.2 The Chief Financial Officer of the Authority shall be responsible for the deposit of all monies or other valuable effects in the name of the Authority in such depositories as shall be selected by the Board.

109.3 The Chief Financial Officer of the Authority or his or her delegate shall disburse the funds of the Authority in compliance with the provisions of the Act and as may be ordered by the Board or its delegate, taking proper vouchers for such disbursements, and shall periodically provide an account of the Authority’s transactions and the financial condition to the Chairperson and the Board at its regular meetings or when the Board so requires.

109.4 The Assistant Chief Financial Officer of the Authority, if any be appointed, shall in the absence or disability of the Chief Financial Officer perform the duties and exercise the powers of the Chief Financial Officer, and shall perform such other duties as the Board shall prescribe.

History

• SOURCE: Final Rulemaking published at 45 DCR 3816, 3821-22 (June 12, 1998); as amended by Final Rulemaking published at 57 DCR 10919, 10924 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19 DCMR § 110 SECRETARY

110.1 The Secretary shall be responsible for keeping an accurate record of the proceedings of all meetings of the Board and such other actions of the Authority as the Board shall direct. He or she shall give or cause to be given all notices in accordance with these bylaws or as required by law or the Act and, in general, perform all duties customary to the Office of Secretary.

110.2 The Secretary shall have authority to affix the corporate seal of the Authority to any instrument requiring it and, when so affixed, it may be attested by his or her signature or by the signature of the Assistant Secretary.

110.3 The General Counsel of the Authority shall be the Assistant Secretary. In the absence or disability of the Secretary, the Assistant Secretary shall perform the duties and exercise the powers of the Secretary. At all other times, the Assistant Secretary shall perform such of the Secretary’s functions as the Secretary shall prescribe in writing.

History

• SOURCE: Final Rulemaking published at 45 DCR 3816, 3822 (June 12, 1998); as amended by Final Rulemaking published at 57 DCR 10919, 10924 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19 DCMR § 111 LIABILITY

111.1 Each Member, Officer, or employee of the Authority who receives notice of any claim or potential claim against him or her based upon any act or omission within the scope of his or her official duties or employment shall promptly notify the President and Chief Executive Officer of such claim or potential claim.

111.2 The Authority shall intervene as a party in any claim against any Member based upon any act or omission of the Authority, which claim does not allege fraudulent or criminally prosecutable acts by the Member, and assert on behalf of the Member the defense of personal immunity, pursuant to Section 206(i) of the Act.

111.3 The Authority shall maintain insurance against liability to third parties covering each person against whom a claim is made based upon any act or omission within the scope of the person’s official duties as a Member, Officer or employee of the Authority.

111.4 Nothing in this section shall preclude the Authority from taking disciplinary action against any employee or from asserting its own claim for lost or damaged property against any employee.

History

• SOURCE: Final Rulemaking published at 45 DCR 3816, 3822-23 (June 12, 1998); as amended by Final Rulemaking published at 57 DCR 10919, 10925 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19 DCMR § 112 AMENDMENTS

112.1 These bylaws may be amended from time to time, in any manner not inconsistent with the Act, by the affirmative vote of a majority of the entire membership of the Board at any meeting of the Board, if notice of the substance of the proposed Amendment be contained in the notice of the meeting, or if such notice be waived as herein provided.

History

• SOURCE: Final Rulemaking published at 45 DCR 3816, 3823 (June 12, 1998); as amended by Notice of Final Rulemaking published at 57 DCR 10919, 10925 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19 DCMR § 113 SEAL AND FISCAL YEAR

113.1 The seal of the Authority shall be circular in form and shall have inscribed thereon the words “Washington Convention and Sports Authority,” “District of Columbia,” and “Corporate Seal.”

113.2 The fiscal year of the Authority shall begin on the first day of October and end on the last day of September in each year.

History

• SOURCE: Final Rulemaking published at 45 DCR 3816, 3823 (June 12, 1998); as amended by Final Rulemaking published at 57 DCR 10919, 10925 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19 DCMR § 114 Approval of Certain Contracts

114.1 Before the Authority awards any contract that requires the approval of the District of Columbia Council in accordance with D.C. Official Code § 2-352.02, as such may be amended from time to time, and prior to the submission of any such contract to the Council, the Board shall first approve the contract by a resolution passed by a majority of the Members.

History

• SOURCE: Final Rulemaking published at 56 DCR 6180 (August 7, 2009); as amended by Final Rulemaking published at 57 DCR 10919, 10926 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19 DCMR § 199 Definitions

When used in this chapter, the following words shall have the meanings ascribed:

Act - the Washington Convention Center Authority Act of 1994, effective September 28, 1994 (D.C. Law 10-188), as amended by the Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111, D.C. Official Code §§ 10-1201.01 et seq.).

Authority - the Washington Convention and Sports Authority established by the Act.

Member - a Member of the Authority’s Board of Directors.

Misconduct - any criminally prosecutable or fraudulent act by a Member in relation to the duties of his or her office that is willful in character.

Neglect of duty - the careless or intentional failure by a Member to exercise due diligence in the performance of his or her official duties.

History

• SOURCE: Final Rulemaking published at 45 DCR 3816, 3823 (June 12, 1998); as amended by Final Rulemaking published at 57 DCR 10919, 10926 (November 19, 2010); as amended by Final Rulemaking published at 60 DCR 8953 (June 14, 2013).

19-2 WASHINGTON CONVENTION AND SPORTS AUTHORITY: PERSONNEL

19 DCMR § 200 GENERAL PROVISIONS

200.1 Employees of the Authority shall have regular full-time, regular part-time, or casual status.

200.2 Casual employees shall be eligible only for those benefits required by law. Regular full-time and regular part-time employees shall be eligible for benefits as provided by these regulations.

200.3 All employees of the Authority shall be at-will employees and serve at the pleasure of the Authority, unless otherwise provided for as members of a bargaining unit in a collective bargaining agreement.

200.4 The Authority is an equal opportunity employer. Officers and employees shall make all decisions on recruiting, hiring, training, compensation, benefits, promotions, transfers, layoffs, and recall from layoffs, and other management actions, free of discrimination on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, family responsibilities, matriculation, genetic information, disability, or political affiliation.

200.5 The Authority shall maintain an affirmative action plan to ensure that equal opportunity in employment is provided for minorities, women, and disabled persons.

200.6 Employees in collective bargaining units will be governed by the provisions set forth in their collective bargaining agreements to the extent that those differ from the policies set forth in these rules.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191 (July 6, 2012).
• EDITOR'S NOTE: An editorial change was made to the text of the proposed rulemaking for this chapter published at 45 DCR 3826 (June 12, 1998) as follows: “General Manager of the Authority or his [or her] designee” was substituted for “various named officers of the Authority where they appear in the rules.” 46 DCR 6236. The former rules governing the Authority’s personnel policies and procedures published at 38 DCR 7603 (December 20, 1991) were rescinded in their entirety.

19 DCMR § 201 RECRUITING AND HIRING

201.1 The President and Chief Executive Officer shall be responsible for recruiting and hiring for vacant or new positions, in consultation with appropriate Division Directors.

201.2 The President and Chief Executive Officer shall post vacancy announcements for regular full-time and regular part-time positions at the Authority, except for the President and Chief Executive Officer and Executive Staff positions, for a minimum of five (5) working days before any job offers may be extended.

201.3 The following information shall be included in the advertisement for a position vacancy:

(a) Position title;

(b) Brief description of the work to be performed;

(c) Minimum desirable skills and experience required;

(d) Salary information;

(e) Information required to be submitted with application; and

(f) Equal employment opportunity language as required.

201.4 Current employees of the Authority shall be eligible to apply for advertised vacant positions.

201.5 The President and Chief Executive Officer shall use criteria specifically related to the requirements for the position in evaluating an applicant.

201.6 The President and Chief Executive Officer may authorize reimbursement of a prospective employee for interviewing expenses.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6237 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8192 (July 6, 2012).

19 DCMR § 202 RESIDENCY IN DISTRICT OF COLUMBIA

202.1 At least fifty-one percent (51%) of the employees of the Authority shall be residents of the District of Columbia.

202.2 In order to encourage the hiring of District residents, the President and Chief Executive Officer shall administer recruitment strategies and programs targeted to District residents.

202.3 All qualified candidates for vacant positions who live in the District and who apply for a District residency preference shall have five (5) additional points added to the points they receive during their application process.

202.4 Anyone who successfully applies for a position and receives preference points for District residency during the application process shall maintain District residency for sixty (60) months after appointment to that position.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6237-38 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8193 (July 6, 2012).

19 DCMR § 203 RELATIVES

203.1 The Authority shall not hire relatives of members of the Board of Directors or of employees. Any exceptions are subject to the prior review and approval of the President and Chief Executive Officer. In an instance where an exception is approved, the related employees shall not work in the same department, or be supervised by one another.

203.2 If an employee of the Authority becomes related (by marriage, adoption, or any other means) to a member of the Board of Directors or another employee who is his or her supervisor or works in the same department, the President and Chief Executive Officer shall:

(a) Require an employee who becomes related to a member of the Board of Directors to resign; and

(b) Require one (1) of the two (2) employees who become related to be reassigned to another position if an appropriate vacancy is available or require one of the employees to resign.

203.3 An employee so affected shall have six (6) months to be reassigned or to resign.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6238 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8193 (July 6, 2012).

19 DCMR § 204 POSITION CLASSIFICATION

204.1 The President and Chief Executive Officer shall assign each employee position to a specific classification.

204.2 No supervisor or employee may regularly assign or perform duties outside the employee's position classification for more than thirty (30) days, unless the classification has been changed by the President and Chief Executive Officer.

204.3 The President and Chief Executive Officer shall provide any employee, upon request, a copy of the applicable description when assigned or reassigned to a new or different position classification.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6238 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8194 (July 6, 2012).

19 DCMR § 205 COMPENSATION

205.1 Employees shall be compensated in accordance with an Employees' Compensation Plan for all position classifications developed by the President and Chief Executive Officer and approved by the Board of Directors, except as provided in § 206.4.

205.2 The Authority may offset against an employee's compensation any debt owed to the Authority which is acknowledged by the employee in an amount not to exceed twenty-five percent (25%) of the employee's disposable pay in any pay period.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6238 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8194 (July 6, 2012).

19 DCMR § 206 PERFORMANCE EVALUATIONS

206.1 Each supervisor shall evaluate every employee in writing:

(a) After ninety (90) days and at the end of an initial review period of six (6) months for each new employee;

(b) At the end of an initial review period of ninety (90) days for each employee who is transferred or promoted to a new position; and

(c) At least once each year thereafter.

206.2 At the supervisor's discretion, an employee may be evaluated at any time.

206.3 At the end of a new employee's initial review period, the supervisor may, with the approval of the Vice President, extend the initial review period.

206.4 If a new employee fails to complete the initial review period satisfactorily, the Authority may terminate his or her employment.

206.5 The President and Chief Executive Officer may give a lump sum bonus payment and/or salary increase to eligible employees who have demonstrated exemplary performance.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6238-39 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8194 (July 6, 2012).

19 DCMR § 207 TRANSFERS AND PROMOTIONS

207.1 The President and Chief Executive Officer shall authorize and maintain procedures for promotions.

207.2 A promotion or transfer shall be contingent upon the employee satisfactorily completing an initial review period.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6239 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8195 (July 6, 2012).

19 DCMR § 208 ANNUAL LEAVE AND HOLIDAYS

208.1 Regular full-time and regular part-time employees shall accrue annual leave from the first pay period of employment. An employee may take annual leave only after the first ninety (90) days.

208.2 An employee shall not take annual leave without obtaining the prior approval of the employee's supervisor. The supervisor may refuse leave if the employee's absence would interfere with the functioning of the department or the Authority.

208.3 Supervisors shall not advance unearned annual leave to employees, except in emergency situations and with the approval of the President and Chief Executive Officer.

208.4 No employee may carry forward more than two hundred forty (240) hours in his or her annual leave account into a new calendar year, without the prior written approval of the President and Chief Executive Officer.

208.5 The President and Chief Executive Officer shall determine holiday schedules, with due consideration for the unique nature of the Authority's business and the special needs of its clients.

208.6 Regular full-time and regular part-time employees shall be eligible to receive a number of personal holidays determined by the President and Chief Executive Officer, in addition to official holidays of the Authority.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6239 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8195 (July 6, 2012).

19 DCMR § 209 SICK LEAVE

209.1 All regular full-time employees shall earn eight (8) hours of sick leave per month. All regular full-time employees begin to accrue leave starting with their first day of employment. Accrual for regular part-time employees and employees in non-pay status shall be prorated to correspond with the actual number of hours worked.

209.2 All regular part-time employees shall earn sick leave by the same method as regular full-time employees, provided that the amount earned shall be prorated to correspond with the actual number of hours worked.

209.3 An employee may use sick leave for personal illness or to care for a relative and other children and adults for whom the employee is a primary caretaker.

209.4 If there is any reason to suspect an abuse of sick leave by an employee, the employee may be required to submit a letter signed by the attending physician certifying the illness of the employee, relative, or other child or adult for whom the employee is the primary caretaker, as the basis for the employee's inability to work on the days for which leave is requested. The President and Chief Executive Officer may require an employee to undergo an independent medical examination in the event the employee's use of leave for personal illness exceeds seven (7) consecutive workdays. The Authority shall pay the cost of such a medical examination.

209.5 An employee who uses all of his or her accrued sick leave and annual leave may be placed on leave of absence without pay status for the duration of the illness of the employee, relative, or other child or adult for whom the employee is the primary caretaker.

209.6 The number of hours that may be carried forward in an employee's sick leave account into a new calendar year shall not exceed two hundred forty (240) hours. Employees shall not be compensated for unused sick leave upon separation from employment with the Authority.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6240 (July 30, 1999); as amended by 55 DCR 8524, 8525 (August 8, 2008); as amended by Final Rulemaking published at 59 DCR 8191, 8195 (July 6, 2012).

19 DCMR § 210 LEAVES OF ABSENCE

210.1 General Leave - A division director may grant a general leave of absence without pay to any regular full-time or regular part-time employee of the division. Any such leave beyond a period of seven (7) calendar days must be approved by the President and Chief Executive Officer.

210.2 Family and Medical Leave - An employee of the Authority shall be eligible to take the greater of twelve (12) weeks of unpaid leave during a twelve month period, or sixteen (16) weeks of unpaid leave during a twenty-four (24) month period, for family or medical purposes, in accordance with the D.C. Family and Medical Leave Act of 1990, D.C. Official Code §§ 32-501, et seq. (2010 Repl.), and the Federal Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601, et seq.

210.3 Jury Duty - Employees will receive their regular pay while serving on jury duty. An employee who is requested to report for jury duty shall inform the Court of this fact. The employee shall turn over to the President and Chief Executive Officer any compensation check other than for transportation.

210.4 Military Leave - The President and Chief Executive Officer shall grant an employee military leave of absence for a period not to exceed five (5) years. Such an employee shall be restored to his or her former position if:

(a) The employee provided advance notice of the military service to the Authority, unless notice is excused by military necessity;

(b) The employee applies for reemployment within the time prescribed by law;

(c) The cumulative length of the employee's absence and of all previous absences from the Authority by reason of service in the military does not exceed five (5) years;

(d) The employee provides documentation of honorable discharge from military service; and

(e) The employee is able to perform the duties of his or her former position.

210.5 Administrative Leave - In addition to other types of leave, the President and Chief Executive Officer may grant administrative leave with pay for reasons such as bereavement or hazardous weather.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6240-41 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8196 (July 6, 2012).

19 DCMR § 211 HEALTH INSURANCE, LIFE INSURANCE AND RETIREMENT

211.1 Regular full-time and regular part-time employees shall be eligible for enrollment on a single or dependent basis in one (1) or more group health insurance plans selected by the Authority.

211.2 The Authority shall contribute a share, determined by the Board of Directors, of the cost of such single or dependent health insurance coverage for regular full-time employees. The Authority's contribution for regular part-time employees shall be a prorated amount, which is based on the actual number of hours worked per week by a regular part-time employee.

211.3 Regular full-time employees shall be eligible for enrollment in a life insurance plan selected by the Authority.

211.4 The Authority shall pay the cost of such life insurance coverage for regular full-time employees and a portion of the cost for regular part-time employees.

211.5 The Authority shall not contribute to an employee’s health coverage or life insurance if the employee is on general or military leave for more than thirty (30) days.

211.6 Regular full-time and regular part-time employees shall participate in an Employees’ Retirement Plan approved by the Board of Directors. In addition, casual employees who work at least one thousand (1,000) hours in a “retirement plan year” shall become eligible for participation. The Authority shall contribute to the Employees' Retirement Plan.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6241 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8197 (July 6, 2012).

19 DCMR § 212 EMPLOYEE DISABILITY BENEFITS

212.1 Regular full-time employees shall be enrolled in a short and long-term disability insurance program selected by the Authority.

212.2 The Authority shall pay the cost of such disability insurance programs. Benefits for these insurance programs shall be payable in accordance with the respective plan provisions.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6242 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8198 (July 6, 2012).

19 DCMR § 213 EMPLOYEE DEATH BENEFITS

213.1 The designated beneficiary of a deceased employee shall be eligible to receive unpaid compensation and a refund of the employee’s contribution to the Employees’ Retirement Plan if the employee is not vested in accordance with the provisions of the Retirement Plan.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6242 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8198 (July 6, 2012).

19 DCMR § 214 WORKERS’ COMPENSATION

214.1 The Authority shall maintain and pay the cost of a workers’ compensation insurance policy for every employee, with benefits payable in accordance with the laws of the District of Columbia.

214.2 Each employee injured on the job shall immediately report the injury to the Security Services Department of the Authority, which shall forward a copy of each such report to the President and Chief Executive Officer.

214.3 The President and Chief Executive Officer may require a doctor’s certification for the employee to resume work following a work-related injury. In such cases, the Authority shall pay all associated costs.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6242 (July 30, 1999); as amended by Final Rulemaking published at 59 DC 8191, 8198 (July 6, 2012).

19 DCMR § 215 CHANGES IN EMPLOYMENT STATUS

215.1 When an employee changes from casual status to either regular part-time or regular full-time status, the employee shall begin earning sick leave and annual leave from the date of the change in status.

215.2 When an employee changes from casual or regular part-time status to regular full-time status, the employee shall be eligible for standard life insurance benefits.

215.3 An employee who terminates his or her employment with the Authority and is later rehired within six (6) months of resignation shall receive full credit for prior employment in determining annual leave accrual and other fringe benefits.

215.4 The Authority shall treat employees rehired after a period of six (6) months as new employees for the purposes of determining annual leave accrual and other fringe benefits.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6242 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8198 (July 6, 2012).

19 DCMR § 216 CORRECTIVE ACTION PROCESS AND TERMINATION

216.1 A supervisor may recommend or take corrective action against an employee because of unsatisfactory job performance, neglect of duty or misconduct. Corrective actions may include, but are not limited to, the following:

(a) Oral reprimand;

(b) Written reprimand;

(c) Demotion;

(d) Reduction in pay;

(e) Suspension; and

(f) Dismissal or termination.

216.2 An employee who fails to notify his or her supervisor of a pending absence and who does not report to work for three (3) consecutive workdays may be deemed to have abandoned and voluntarily resigned his or her position. His or her employment may be terminated as of the close of business on the third (3rd) day of absence.

216.3 The President and Chief Executive Officer shall review and approve all suspensions, dismissals, and terminations.

216.4 The President and Chief Executive Officer may terminate an employee without cause for business reasons, such as when:

(a) A position is eliminated because of financial considerations;

(b) A position is reclassified or a work unit is restructured; or

(c) Segments of the Authority’s services or operations are terminated.

216.5 The President and Chief Executive Officer shall give reasonable advance notice of intent to eliminate any position or positions to affected employees; provided that the President and Chief Executive Officer shall provide 60 (sixty) days notice of the elimination of positions if more than one-third (1/3) of the regular full-time positions of the Authority are to be eliminated, in accordance with the Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101, et seq.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6243 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8199 (July 6, 2012).

19 DCMR § 217 ETHICS AND PROCUREMENT

217.1 Violation by an employee of any provision of chapter 5 of the Authority’s regulations, relating to ethical conduct, shall be grounds for corrective action pursuant to § 216.1 of these rules.

217.2 Violation by an employee of § 300.2 of the Authority’s regulations, prohibiting unauthorized obligations, shall be grounds for corrective action pursuant to § 216.1 of these rules.

217.3 It is the policy of the Authority that any employee who reasonably believes that an activity, policy, or practice violates a law or regulation or misuses resources or funds under the control of an official of the Authority or of the District government shall report any such violation or misuse to an appropriate supervisor. The Authority shall not take any retaliatory action against an employee who:

(a) Discloses or threatens to disclose to a supervisor or to a public body an activity, policy, or practice that the employee reasonably believes violates a law or regulation or misuses resources or funds under the control of an official of the Authority or of the District government;

(b) Provides information to or testifies before any public body conducting an investigation, hearing, or inquiry into an alleged violation of a law or regulation or into an alleged misuse of resources or funds under the control of an official of the Authority or of the District government; or

(c) Objects to or refuses to participate in any activity or practice that the employee reasonably believes to be fraudulent or in violation of a law or regulation.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6243-44 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8200 (July 6, 2012).

19 DCMR § 299 DEFINITIONS

299.1 When used in this chapter, the following words and terms shall have the meanings ascribed:

Authority - the Washington Convention and Sports Authority established by the Washington Convention Center Authority Act of 1994, effective September 28, 1994, D.C. Law 10-188, as amended by the Fiscal Year 2010 Budget Support Act of 2009, effective March 3, 2010 (D.C. Law 18-111; D.C. Official Code §§ 10-1201.01, et seq. (2008 Repl. & 2011 Supp.))

Board - the Board of Directors of the Authority.

Casual employee - an employee whose terms of appointment provide for employment either: (1) for a brief period of time or (2) on a casual or as needed basis.

Executive Staff - an employee at the level of Division Director or above.

President and Chief Executive Officer- the President and Chief Executive Officer of the Authority or his or her designee.

Public body - any body described by § 1503 of the District of Columbia Government Comprehensive Merit Personnel Act of 1979, D.C. Official Code § 1-616.3 (2006 Repl..).

Regular full-time employee - an employee whose terms of appointment provide that the employee shall work at least forty (40) hours per week either: (1) for an unlimited or extended period of time or; (2) for as long as funds are available and the position is necessary to the objectives of the Authority.

Regular part-time employee - an employee whose terms of appointment provide that the employee shall work less than forty (40) hours per Week either: (1) for an unlimited or extended period of time or; (2) for as long as funds are available and the position is necessary to the objectives of the Authority.

Relative - the spouse, parent, parent-in-law, child, step-child, sister, brother, sister-in-law, brother-in-law, step-parent, aunt, uncle, niece, nephew, grandparent, grandchild or registered domestic partner (as defined by Chapter 7 of Title 32 of the District of Columbia Official Code) of an employee of the Authority.

Vice President - the Vice President, Human Resources appointed by the President and Chief Executive Officer of the Authority.

History

• SOURCE: Final Rulemaking published at 46 DCR 6236, 6244-45 (July 30, 1999); as amended by Final Rulemaking published at 59 DCR 8191, 8200 (July 6, 2012).

19-3 WASHINGTON CONVENTION AND SPORTS AUTHORITY: PROCUREMENT

19 DCMR § 300 GENERAL REQUIREMENTS: PROCUREMENT AUTHORITY

300.1 The General Manager shall designate a Chief Contracting Officer (“CCO”), who shall serve as the chief procurement officer of the Authority.

300.2 No director, officer or employee other than the CCO shall obligate the Authority to procure any goods, services or construction, or execute, administer or modify any contract, unless that director, officer or employee has been authorized to do so in writing by the CCO. Any violation of this prohibition by an employee shall constitute misconduct for disciplinary purposes under chapter 2 of the Authority's regulations.

300.3 Except as provided in section 300.4, the CCO may make a written delegation of any authority conferred by these regulations to any employee whom the CCO designates as a contracting officer. Each such delegation shall remain in effect until modified or revoked by the CCO.

300.4 The CCO may not delegate authority to make an emergency or sole source procurement pursuant to sections 307 or 308, if the procurement has a value of $10,000 or more or make a payment for value received pursuant to section 312.

300.5 Whenever these regulations require the CCO to make a written determination concerning a procurement, the CCO shall place a copy of the required determination in the file for that procurement and assure that the determination is available for public inspection.

300.6 The Authority conferred by these regulations on the CCO to execute contracts, options, change orders, or payments for value received shall be subject to prior approval by the Board whenever so provided by resolution of the Board. The CCO shall maintain a copy of all such resolutions in a file available for public inspection.

300.7 No contract requiring the submission to, and approval by, the District of Columbia Council in accordance with D.C. Code § 2-301.05a shall be awarded unless first approved by a majority of the Board by resolution prior to submission to the Council.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is § 203 of the Washington Convention Center Authority Act of 1994, D.C. Law 10-188, D.C. Code §§ 9-217, -804; 10-1201.03, -1202.03.
• SOURCE: Final Rulemaking at 44 DCR 4907-08 (August 22, 1997); as amended by Final Rulemaking published at 46 DCR 2657 (March 12, 1999); as amended by Final Rulemaking published at 49 DCR 10814 (November 29, 2002); as amended by Final Rulemaking published at 56 DCR 6180 (August 7, 2009).
• EDITOR'S NOTE: Section 300.2 clarifies that the rules are binding on employees of the Authority. See preamble to Notice of Final Rulemaking at 44 DCR 4907. The preexisting rules governing the procurement of goods, services and construction by the Authority published at 43 DCR 3457 (June 28, 1996) were rescinded in their entirety.

19 DCMR § 301 GENERAL REQUIREMENTS: METHODS OF PROCUREMENT

301.1 Unless the CCO elects to make a procurement pursuant to a contract of the U.S. General Services Administration or of the Chief Procurement Officer of the District of Columbia government, or unless otherwise exempt pursuant to Subsection 301.8 of these regulations, the CCO shall procure any goods, services or construction by one of the methods set forth in these regulations, namely:

(a) Invitation for bids;

(b) Request for proposals;

(c) Small purchase;

(d) Emergency procurement; or

(e) Sole source procurement.

301.2 An invitation for bids or request for proposals shall be the preferred method of procuring all goods, services and construction, unless otherwise provided in these regulations.

301.3 Where these regulations permit use of a small purchase or emergency procurement, the CCO shall make the procurement by issuing a purchase order (except when Section 306 of these rules permit the use of blanket purchase agreement for small purchases).

301.4 The CCO shall prescribe the form of all purchase orders and blanket purchase agreements, which shall be issued on a fixed or not-to-exceed price basis and shall specify: the quantity of goods, services or construction ordered; any trade or prompt payment discounts offered; and the delivery date(s).

301.5 The CCO shall require offerors to submit and certify cost or pricing data in all procurements, contract modifications, and subcontracts of a value of one hundred thousand dollars ($ 100,000) or more, unless the CCO makes a written determination that such data are unnecessary in accordance with the principles governing procurements by the Federal government set forth in relevant sections of Title 48 Code of Federal Regulations.

301.6 The CCO shall conduct cost or price analyses of all procurements, by whatever method made, in accordance with the principles governing procurements by the Federal government set forth in relevant sections of Title 48 Code of Federal Regulations.

301.7 The CCO shall publish in a newspaper of general circulation notice of all procurement awards of a value of more than one hundred thousand dollars ($ 100,000), regardless of the means by which the procurement is made.

301.8 Procurements for the following goods and services shall be exempt from the competition requirements established by this chapter:

Artistic services or works of art;

Commodities or contractual services if federal or District law prescribes with whom the Authority must contract;

Legal services or negotiation services in connection with proceedings before administrative agencies or state or federal courts, including experts, attorneys, and mediators;

Copyrighted or patented materials, including technical pamphlets, published books, maps, and testing or instructional materials; provided, that the materials are purchased directly from the owner of the copyright or patent;

Memberships in trade or professional organizations;

Entertainers, including speakers;

Job-related seminars and training for Authority employees, when such seminars or training is offered to the general public;

Maintenance and support of existing software and technology to the extent that the creator of the intellectual property is still protected and is the only source of the maintenance and support of the existing software and technology;

Public transit farecards, passes and tokens;

Personal property or services provided by another public entity, agency, or authority, or an organization consisting of such entities, agencies or authorities;

Postage;

Purchases of advertising in all media, including electronic, print, radio, and television; provided, that such purchases are made directly from the media outlet;

Trade and career fairs for Authority employees;

Special event venues and related services as dictated by the establishment;

Subscriptions for periodicals and newspapers; and

Ticket purchases for special events, tourist attractions, and amusement parks.

History

• SOURCE: Final Rulemaking published at 44 DCR 4907, 4908-09 (August 22, 1997); as amended by Final Rulemaking published at 46 DCR 2657 (March 12, 1999); as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002); as amended by Final Rulemaking published at 64 DCR 3483 (April 14, 2017). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 301

19 DCMR § 302 GENERAL REQUIREMENTS: STANDARD PROCUREMENT PROVISIONS

302.1 The CCO shall require that every contract to procure goods, services or construction, by whatever method made, set forth standard provisions:

a) specifying changes;

b) referencing Federal and District laws of special applicability; and

c) granting the Authority the right to:

(1) conduct inspections and audits,

(2) order the contractor to stop work,

(3) require indemnification, and

(4) terminate for default or convenience.

302.2 The CCO shall include appropriate security provisions in all procurements of goods, services or construction, including at least the following:

(a) a bid or proposal bond or other appropriate security whenever the Authority's independent price estimate for any construction contract exceeds $ 100,000;

(b) performance and payment bonds or other appropriate security whenever the Authority's independent estimate for the cost of any construction contract exceeds $ 100,000; and

(c) insurance against liability or loss whenever any contract will result in the contractor having possession or control of any property of the Authority.

History

• SOURCE: Final Rulemaking published at 44 DCR 4907, 4909-10 (August 22, 1997); and as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002).

19 DCMR § 303 GENERAL REQUIREMENTS: ECONOMIC OPPORTUNITY

303.1 Before issuing any invitation for bids or request for proposals, the CCO shall review the Office of Local Business Development database to determine if there are any certified local, small or disadvantaged business enterprises qualified to provide the goods, services or construction being sought pursuant to the Equal Opportunity for Local, Small, and Disadvantaged Business Enterprises Act of 1992, as amended (D.C Law 9-217; D.C. Code § 2-217.01 et seq.).

303.2 If there are three or more such certified local, small or disadvantaged business enterprises, then the CCO shall make a written determination as to whether or not the procurement should be placed in the sheltered market, and open only to such enterprises.

303.3 If there are three or more such certified local, small or disadvantaged business enterprises and the CCO does not place the procurement in the sheltered market, then the CCO shall require in any invitation for bids or request for proposals that such certified enterprises provide at least 35% by dollar volume of goods, services or construction procured.

303.4 The CCO shall provide in the Authority’s procurements that offerors and subcontractors submitting evidence that they are certified by the Local Business Development Commission shall be awarded a reduction in price (in the case of bids and quotations) or preference points (in the case of proposals), pursuant to the Equal Opportunity for Local, Small, and Disadvantaged Business Enterprises Act of 1992, as amended (D.C. Law 9-217; D.C. Code § 2-217.01 et seq.).

303.5 The CCO shall include in every procurement that is subject to the First Source Employment Agreement Act of 1984, as amended (DC Law 5-93; DC Code § 2-219.01 et seq.), or the Equal Opportunity for Local, Small, and Disadvantaged Business Enterprises Act of 1992, as amended (DC Law 9-217; DC Code § 2-217.01 et seq.), a provision that the contractor shall cease and desist from all further work upon receipt of a written determination from the CCO that the contractor is not in compliance with either of those acts.

303.6 The CCO shall include in every procurement for a project of the Authority a provision that 51% of the contractor's employees hired after the date the contractor enters into the contract shall be District residents.

303.7 The CCO shall prepare for the Board's transmittal to the Council of the District of Columbia a quarterly report setting forth the Authority's progress regarding contracts with local, small, and disadvantaged business enterprises and the hiring of District residents.

History

• SOURCE: Final Rulemaking published at 44 DCR 4907, 4910-11 (August 22, 1997); as amended by Final Rulemaking at 47 DCR 9199 (November 17, 2000); as amended by Final Rulemaking at 48 DCR 929 (February 2, 2001); as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002); as amended by Final Rulemaking at 50 DCR 3860 (May 16, 2003).
• EDITOR'S NOTE: The Service Improvement and Fiscal Year 2000 Budget Support Act of 1999, (D.C. Act 13-111, 46 D.C.R. 8858 (November 5, 1999), to be codified at D.C. Code § 1-2571), abolished the Department of Human Rights and Minority Business Development and established the Office of Local Business Development and the Office of Human Rights as separate offices.

19 DCMR § 304 INVITATIONS FOR BIDS

304.1 Each invitation for bids shall set forth at least the following:

(a) bid submission requirements, including the address where bids are to be delivered and the time and date for receipt and opening of bids, which shall be at least 30 days from the date of issuance unless the CCO determines that the nature of the procurement requires a quicker response;

(b) a description of the purchase, delivery or performance schedule, and any special requirements;

(c) instructions to bidders and all applicable standard contract provisions;

(d) the basis on which the award will be made;

(e) a requirement that bids are irrevocable for 90 days after bid opening; and

(f) a requirement that each prospective bidder receiving an invitation acknowledge receipt of any subsequent amendment to the invitation.

304.2 The CCO shall publish a notice of each invitation for bids in a newspaper of general circulation.

304.3 The CCO may, in the CCO's sole discretion, conduct a pre-bid conference to explain the procurement requirements. The CCO shall announce the conference to all prospective bidders known to have received the invitation for bids.

304.4 The CCO may amend an invitation for bids by sending written notice to all prospective bidders known to have received the invitation for bids.

304.5 A bidder may modify or withdraw a bid by giving written notice at the office designated in the invitation for bids at any time prior to the time set for bid opening.

304.6 The CCO shall not consider a late bid, modification or withdrawal unless: a late bid is the only one received; or the CCO determines that a late modification makes the terms of a timely bid that would have been successful more favorable to the Authority.

304.7 If the CCO determines, in the CCO's sole discretion, that it is in the best interests of the Authority, the CCO may waive, or allow a bidder to correct, minor irregularities after bid opening. A minor irregularity is a matter of form not of substance, and one that can be corrected without prejudice to other bidders, such as: a bidder's failure to specify the number of its employees; or a bidder's failure to acknowledge receipt of an amendment where the bid is clearly responsive to the amendment.

304.8 The CCO may cancel an invitation for bids at any time prior to bid award, if the CCO determines that cancellation is in the best interests of the Authority.

304.9 The CCO shall make award to the lowest responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids, if the CCO determines in writing that the bidder is responsible and the prices offered are reasonable.

304.10 The CCO shall give written notice of award to the successful bidder after all required approvals have been obtained.

History

• SOURCE: Final Rulemaking published at 44 DCR 4907, 4911-12 (August 22, 1997); and as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002).

19 DCMR § 305 REQUESTS FOR PROPOSALS

305.1 Each request for proposals shall set forth at least the following:

(a) proposal submission requirements, including the address where proposals are to be delivered and the time and date set for receipt of proposals, which shall be not less than 30 days from the date of issuance unless the CCO determines that the nature of the procurement or the needs of the Authority require a quicker response;

(b) scope of services, delivery or performance schedule, and any special requirements;

(c) instructions to offerors and all applicable standard contract provisions;

(d) evaluation factors and the relative importance of each factor;

(e) requirement that proposals are irrevocable for 120 days after the closing date for submission of price proposals or of best and final offers, if requested; and

(f) requirement that each prospective offeror receiving a request acknowledge receipt of any subsequent amendment to the request.

305.2 The CCO shall publish notice of each request for proposals in a newspaper of general circulation.

305.3 The CCO may, in the CCO's sole discretion, conduct a pre-proposal conference to discuss procurement requirements. The CCO shall announce the conference to all prospective offerors known to have received the request for proposals.

305.4 The CCO may amend a request for proposals by sending written notice at a minimum as follows:

(a) to all prospective offerors known to have received requests for proposals, if the time set for receipt of proposals has not passed;

(b) to all responding offerors, if the time for receipt of proposals has passed but the proposals have not yet been evaluated; or

(c) to those offerors in the competitive range, if the competitive range has been established.

305.5 An offeror may modify or withdraw a proposal by giving written notice at the office designated in the request for proposals at any time prior to the time set for the submission of proposals.

305.6 The CCO shall not consider a late proposal, modification or withdrawal, except in two circumstances:

(a) the CCO may consider a late proposal if it is the only one received;

(b) the CCO may consider a late modification if he determines that it makes more favorable to the Authority the terms of a timely proposal that would have been successful.

305.7 If the CCO determines in the CCO's sole discretion that it is in the best interests of the Authority, the CCO may waive, or allow an offeror to correct, minor irregularities after the time set for submission of proposals. A minor irregularity is a matter of form not of substance, and one that can be corrected without prejudice to other offerors, such as: an offeror's failure to specify the number of its employees; or a offeror's failure to acknowledge receipt of an amendment where the proposal is clearly responsive to the amendment.

305.8 The CCO may cancel a request at any time prior to award, if the CCO determines that cancellation is in the best interests of the Authority.

305.9 If the CCO so determines, the CCO may hold written or oral discussions with all offerors whose proposals are within the competitive range. All proposals that have a reasonable chance of being selected for award on the basis of the evaluation criteria set forth in the request shall be within the competitive range.

305.10 The CCO shall not disclose technical or pricing information of any offeror to a competitor in any discussions.

305.11 Upon completion of discussions, the CCO shall issue to all offerors in the competitive range a written request setting a cut-off date for submission of best and final offers.

305.12 The CCO may elect to require repeated submission of best and final offers.

305.13 The CCO shall make award to the responsible offeror whose proposal is most advantageous to the Authority, as determined by a written evaluation of proposals on the basis of the criteria set forth in the request.

305.14 The CCO shall give written notice of award to the successful offeror after all required approvals have been obtained.

History

• SOURCE: Final Rulemaking published at 44 DCR 4907, 4912-14 (August 22, 1997); and as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002).

19 DCMR § 306 SMALL PURCHASES

306.1 The CCO may use the small purchase procedures set forth in this section to procure goods, services or construction if the total amount to be purchased does not exceed $ 100,000 in value. No procurement shall be divided for the purpose of meeting the dollar limitation of this section.

306.2 The CCO may procure goods, services or construction of a value of $ 2,500 or less without obtaining competitive quotations. Action to verify price reasonableness in writing need be taken only if:

(a) The CCO suspects or has information to indicate that the price may not be reasonable; or

(b) Purchasing a supply or service for which no comparable pricing information is readily available.

306.3 In order to promote competition and assure that the purchase is in the best interests of the Authority, the CCO shall solicit quotations from at least three sources for all small purchases of a value of more than $ 2,500. If possible, two of the sources shall be sources that were not included in the previous solicitation for similar items.

306.4 For a small purchase of a value of $ 2,500 or more, the CCO may solicit quotations from only two sources, if the CCO determines in writing that it is impractical to solicit from more than two sources. In no event may this section be used to make a procurement based on the solicitation of a quotation from a single source.

306.5 For each small purchase of a value of $ 2,500 or more, the CCO shall make an award based upon a written determination that the price to be paid to the successful bidder is fair and reasonable; the determination shall include the name of each business from which a quotation was solicited, the date of the solicitation, and the amount of the quotation.

306.6 The CCO shall use a purchase order to make a small purchase, except that a blanket purchase agreement may be used to fill anticipated repetitive needs for goods, services or construction by establishing a charge account with a vendor for the purchase of such goods, services or construction over a stated period of time and in a stated amount, so long as the total amount to be purchased does not exceed $ 100,000.

306.7 Each blanket purchase agreement shall require that the prices charged to the Authority shall be as low or lower than those charged to the supplier's most favored customer for comparable quantities, terms and conditions.

History

• SOURCE: Final Rulemaking published at 46 DCR 10628-29 (December 31, 1999); and as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002).

19 DCMR § 307 EMERGENCY PROCUREMENT

307.1 If the CCO makes a written determination that procurement is necessary to meet an emergency condition or to meet an essential requirement of the Authority in emergency circumstances, the CCO may procure goods, services, or construction without regard to the procedures set forth in sections 304, 305, and 306.

307.2 For the purposes of this section, “emergency condition” is defined as a situation which creates an immediate threat to the public health, safety, or welfare, including a situation which threatens the health or safety of any person or the preservation and protection of property.

307.3 Any written determination by the CCO supporting an emergency procurement shall include:

(a) A description of the emergency condition or the essential requirements of the Authority that must be met:

(1) In the case of a procurement for an emergency condition relating to the public health, safety, or welfare, the determination must state the nature of the threat and the nature of the harm that the public might suffer if the requirement were not met by emergency procurement; and

(2) In the case of a procurement for an emergency condition relating to the preservation and protection of property, the determination must describe the property and state the threat or harm that the emergency procurement will address;

(b) A description of the proposed procurement action;

(c) A description of the requirement, including the estimated value or cost;

(d) A finding that circumstances giving rise to the emergency procurement were not reasonably foreseeable by the Authority;

(e) A description of the steps taken to solicit bids or proposals from as many potential competitors as possible under the circumstances, or a sole source justification in accordance with the provisions of section 308;

(f) A finding that anticipated costs to the Authority will be fair and reasonable; and

(g) Any other pertinent facts or reasons supporting the procurement on an emergency basis.

307.4 The CCO shall not make any procurement under this section to meet any continuing need of the Authority, beyond what is necessary to meet the emergency condition.

307.5 The CCO may use a letter or a verbal request to solicit proposals for an emergency procurement. If a letter request is used, the CCO shall ensure that the letter is as clear and concise as possible and contains only the information necessary for providing a proposal.

307.6 The CCO shall include all applicable standard contract clauses in any purchase order issued under this section.

History

• SOURCE: Final Rulemaking published at 44 DCR 4907, 4915 (August 22, 1997); and as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002); as amended by a Notice of Emergency and Proposed Rulemaking published at 58 DCR 7986 (September 9, 2011)[EXPIRED]; as amended by a Notice of Final Rulemaking published 58 DCR 9261 (October 28, 2011).

19 DCMR § 308 SOLE SOURCE PROCUREMENT

308.1 The CCO shall take all reasonable steps to avoid using sole source procurements.

308.2 The CCO may procure goods, services, or construction on a sole source basis without following the procedures set forth in sections 304, 305, and 306 if the CCO:

(a) makes a written determination that the minimum needs of the Authority can only be met by such goods, services or construction and that the proposed sole source is the only source capable of providing them; or

(b) makes a written determination that such goods, services or construction related to a transaction by the Authority regarding real property which it owns, intends to acquire, or which is under its control.

308.3 The CCO’s written determination shall include the following:

(a) for a determination made under subsection 308.2(a):

(1) a description of the Authority’s requirement, including the estimated cost;

(2) an explanation of the unique nature of the procurement and of the contractor’s unique qualifications;

(3) a determination that the costs to the Authority will be fair and reasonable; and

(4) a description of the market survey conducted and list of potential sources contacted, or an explanation for why such description or list was not possible.

(b) for a determination under subsection 308.2(b):

(1) a description of the goods, services or construction which are related to the real property transaction;

(2) the estimated cost to the Authority of the related goods, services or construction; and

(3) a determination that the costs to the Authority of the goods, services or construction will be fair and reasonable.

308.4 The CCO shall include all applicable standard contract clauses in any procurement made under Sections 308.2 and 308.3.

308.5 The CCO may enter into agreements to sponsor, or otherwise provide funding and/or in-kind services to, events that promote tourism, leisure travel, sports, sports teams, recreational events or entertainment events on a sole source basis without following the procedures set forth in sections 304, 305, 306, or this Section 308. In entering into any such agreement(s), the CCO shall ensure that the Authority’s support is publicly recognized through methods which may include, but shall not be limited to, display of the Authority’s marks, logos or brands during the sponsored event; press or media advisories; and, signage.

History

• SOURCE: Final Rulemaking published at 44 DCR 4907, 4915-16 (August 22, 1997); as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002); as amended by Final Rulemaking at 54 DCR 003461-003462 (April 20, 2007); as amended by Final Rulemaking published at 57 DCR 6433 (July 23, 2010).

19 DCMR § 309 PROTESTS

309.1 An actual or prospective offeror or bidder whose direct economic interests would be affected by the award of, or the failure to award, a procurement, is an interested party with standing to assert a claim that the solicitation or award of, or the failure to award, the procurement, is contrary to law or these regulations by filing a written protest with the CCO.

309.2 In order to be timely, a protest shall be filed:

(a) in the case of an alleged defect in an invitation for bids or request for proposals, before the time set for bid opening or for the receipt of proposals; or

(b) in all other cases, within seven days after the protestor knew or should have known of the alleged defect or other ground for protest.

309.3 Each protest shall be signed by the protestor or the protestor's authorized representative, and shall contain: the name, address and telephone number of the protestor; identification of the procurement activity, including the number of any solicitation or contract; a concise statement of the facts which are the basis of the protest; and a specific request for action by the CCO.

309.4 The CCO shall not consider any protest that is not filed within the time requirements of section 309.2.

309.5 The CCO shall issue a written decision on each timely protest within ten days of receipt. Failure to issue a decision within ten days shall be deemed to be a denial of the protest for the purpose of appealing the Authority's final decision to the District of Columbia Contract Appeals Board.

309.6 If the CCO determines in the CCO's sole discretion that it is in the best interests of the Authority, the CCO may grant an extension of time to accept bids or awards, withhold award of a contract, or seek suspension of performance of an awarded contract, if it appears that the protest has merit.

309.7 An interested party may appeal the CCO's decision to the District of Columbia Contract Appeals Board, which shall have exclusive jurisdiction to review final action of the Authority on any protest.

History

• SOURCE: Final Rulemaking published at 44 DCR 4907, 4916-17 (August 22, 1997); and as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002).

19 DCMR § 310 DISPUTES

310.1 This section shall govern all disputes arising under or related to contracts awarded by the Authority to procure goods, services or construction.

310.2 In order to make a claim under a contract, a party to the contract shall submit to the CCO a written assertion that the party is entitled to the payment of money in a sum certain, the adjustment or interpretation of a contract provision, or other relief under the contract.

310.3 If a claim on behalf of a contractor has a value of more than $ 50,000, the claim shall be accompanied by the certification of the contractor that the claim is made in good faith and that the amount or adjustment requested and the supporting data are accurate and complete to the best of the contractor's knowledge and belief.

310.4 The CCO shall attempt to resolve all contractual disputes by mutual agreement after informal discussion. The CCO may agree to the use of alternative dispute resolution procedures, in accordance with the principles governing procurements by the Federal government set forth in relevant sections of Title 48 Code of Federal Regulations at any time that the CCO has authority to resolve the issue in controversy.

310.5 If the CCO cannot resolve a claim after informal discussion, the CCO shall, within 60 days of receipt of the claim, issue a written decision granting or denying the claim, giving the CCO's reasoning, and setting forth the contractor's appeal rights. The CCO's failure to issue a decision within this time shall be deemed to be a denial of the claim for the purpose of appealing the Authority's final decision to the District of Columbia Contract Appeals Board.

310.6 The District of Columbia Contract Appeals Board shall have exclusive jurisdiction to review final action of the Authority on any dispute.

History

• SOURCE: Final Rulemaking published at 44 DCR 4907, 4917 (August 22, 1997); and as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002).

19 DCMR § 311 DEBARMENT AND SUSPENSION

311.1 The CCO shall notify a contractor that the CCO proposes to debar or suspend the contractor from participating in the Authority's procurement of goods, services or construction if the CCO determines that the contractor:

(a) has been convicted of a criminal offense (including violation of any antitrust law) in attempting to obtain, obtaining, or performing a public or private contract, or of any other criminal offense demonstrating a lack of integrity;

(b) has violated a provision of a contract of the Authority, such as the economic opportunity provisions required by section 303 of these regulations; or

(c) has committed any other ethical breach that would demonstrate that the contractor lacks the responsibility to qualify for business under these regulations.

311.2 For the purposes of this section, "contractor" includes: the contractor's principal; any individual exercising substantial management authority for the contractor; in the case of a corporation or limited liability company, any of its officers or directors or any shareholder holding a substantial interest; and, in the case of a partnership, any partner.

311.3 A contractor may request a hearing before the CCO by delivering to the CCO, within ten days of receipt of notice of a proposed debarment or suspension, the contractor's written request and arguments against the proposed action.

311.4 The CCO shall make a written decision on the proposed action.

311.5 The District of Columbia Contract Appeals Board shall have exclusive jurisdiction to review final action of the Authority on any debarment or suspension.

History

• SOURCE: Final Rulemaking published at 44 DCR 4907, 4917-18 (August 22, 1997); and as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002).

19 DCMR § 312 PAYMENTS FOR VALUE RECEIVED

312.1 The CCO shall take all reasonable action to prevent employees from making any unauthorized obligation to procure goods, services or construction.

312.2 The CCO may make a payment for value received under an unauthorized obligation if the CCO makes a written determination that:

(a) the Authority has obtained a benefit from another party's performance pursuant to the unauthorized obligation;

(b) the obligation is within the authority conferred on the CCO by these regulations;

(c) the price to be obligated for performance is fair and reasonable; and

(d) sufficient funds were available at the time of the unauthorized obligation and remain available.

History

• SOURCE: Final Rulemaking published at 44 DCR 4907, 4918 (August 22, 1997); and as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002).

19 DCMR § 313 INTERPRETATION

313.1 In applying these regulations to procurements of goods, services and construction, the CCO shall be guided by the principles governing procurements by the Federal government.

History

• SOURCE: Final Rulemaking published at 44 DCR 4907, 4918-19 (August 22, 1997); and as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002).

19 DCMR § 399 DEFINITIONS

399.1 When used in this chapter, the following words and terms shall have the meanings ascribed:

Authority - the Washington Convention Center Authority established by the Washington Convention Center Authority Act of 1994, as amended (D.C. Law 10-188; D.C. Code § 10-1201.01 et seq.).

Board - the Board of Directors of the Authority.

CCO - the Chief Contracting Officer of the Authority.

Code of Federal Regulations - the Code of Federal Regulations in effect at adoption of these rules, as it may be from time to time amended.

Day - a business day, excluding Saturdays, Sundays, and legal holidays in the District of Columbia.

District of Columbia Contract Appeals Board - the Contract Appeals Board established by the District of Columbia Procurement Practices Act of 1985, as amended (D.C. Law 6-85, D.C Code § 2-301.1 et seq.).

General Manager - the General Manager of the Authority.

Responsible bidder or offeror - a person who has the capability in all respects to perform fully the contract requirements, and the integrity and reliability that will assure good faith performance.

Responsive bidder - a person who has submitted a bid which conforms in all material respects to the invitation for bids.

History

• SOURCE: Final Rulemaking published at 44 DCR 4907, 4919 (August 22, 1997); and as amended by Final Rulemaking at 49 DCR 10814 (November 29, 2002).

19-4 WASHINGTON CONVENTION CENTER AUTHORITY: BOOKINGS

19 DCMR § 400 BOOKING POLICY

400.1 The key objective of the Washington Convention and Sports Authority (the Authority) is to serve as a generator of convention, meetings, sports and entertainment and special event dollars brought into the District of Columbia and to effectuate the purposes prescribed by D.C. Official Code § 10-1202.02 et seq.

400.2 First priority in booking events at the Walter E. Washington Convention Center shall be given to convention events.

400.3 Nothing in this chapter shall prohibit the Authority from booking events of any kind at any time at any other venue under the Authority’s ownership, control or management.

History

• SOURCE: Final Rulemaking published at 29 DCR 259, 260 (January 15, 1982); as amended by Final Rulemaking published at 50 DCR 3035 (April 18, 2003); as amended by Final Rulemaking published at 60 DCR 8962 (June 14, 2013).

19 DCMR § 401 PRIMARY CONTRACTOR FOR CONVENTION EVENTS AT THE CONVENTION CENTER

401.1 The Washington, DC Convention and Tourism Corporation t/a Destination DC (“Destination DC”) shall be the Authority’s primary contractor for booking convention events at the Convention Center.

401.2 As the Authority’s primary contractor for convention events at the Convention Center, Destination DC shall negotiate tentative arrangements with customers, including the following:

(a) Reservation of dates;

(b) Committing of specific areas in the Convention Center; and

(c) Quoting of current rental rates.

401.3 Destination DC shall not assign or reserve areas of the Convention Center designated for retail sales or areas designated as common spaces (other than registration areas specified by the Authority).

401.4 Destination DC shall include in each letter of intent, confirmation letter or agreement negotiated with a customer for space in the Convention Center, a clause in bold type in a prominent location stating the following:

All terms herein are contingent upon the written approval of the Washington Convention and Sports Authority.

History

• SOURCE: Final Rulemaking published at 29 DCR 259, 260 (January 15, 1982); as amended by Final Rulemaking published at 50 DCR 3035 (April 18, 2003); as amended by Final Rulemaking published at 60 DCR 8962 (June 14, 2013).

19 DCMR § 402 BOOKING OF EVENTS BY THE AUTHORITY

402.1 The Authority may book a non-convention event on its own behalf up to twenty-four (24) months before the date of the event without prior notice to Destination DC. The Authority may not, however, book a non-convention event to be held at the Convention Center more than twenty-four months before the date of the event without first providing notice to, and consulting with, Destination DC.

402.2 To ensure that convention event reservations for events to be held in the Convention Center are given first priority, the Authority shall not assign a date to a non-convention event to be held in the Convention Center if, prior to the booking of that event, the Authority has received written notice from Destination DC that it is in active negotiations to reserve that date for a convention event.

History

• SOURCE: Final Rulemaking published at 29 DCR 259, 260 (January 15, 1982); as amended by Final Rulemaking published at 50 DCR 3035 (April 18, 2003); and as amended by Final Rulemaking published at 56 DCR 1815 (February 27, 2009); as amended by Final Rulemaking published at 60 DCR 8962 (June 14, 2013).

19 DCMR § 403 CONTRACT APPROVAL

403.1 The President and Chief Executive Officer or designee shall be the final approving authority for all bookings, whether negotiated by Destination DC or by the Authority.

History

• SOURCE: Final Rulemaking published at 29 DCR 259, 261 (January 15, 1982); as amended by Final Rulemaking published at 50 DCR 3035 (April 18, 2003); as amended by Final Rulemaking published at 60 DCR 8962 (June 14, 2013).

19 DCMR § 404 ESTABLISHMENT OF RATES

404.1 The Authority shall develop a rental rate schedule for all events booked at its venues.

404.2 The rate schedule, and any amendments to the schedule, shall be subject to approval by the President and Chief Executive Officer.

404.3 The President and Chief Executive Officer may in his discretion charge agencies of the District government a rate equal to one-half the published rental rate.

History

• SOURCE: Final Rulemaking published at 29 DCR 259, 261 (January 15, 1982); as amended by Final Rulemaking published at 50 DCR 3035 (April 18, 2003); as amended by Final Rulemaking published at 60 DCR 8962 (June 14, 2013).

19 DCMR § 405 POLITICAL AND COMMUNITY EVENTS

405.1 The facilities and resources of the Authority shall not be used to provide any contribution, whether direct or indirect, cash or in-kind, to any political party, political committee, candidate, or constituent services program.

405.2 The facilities and resources of the Authority shall not be used for any event (other than a convention event) of which a political party, political committee, candidate or constituent services program is the host, organizer, or beneficiary, unless the rate to be paid for the event is at least equal to the rate paid by for-profit clients for comparable events, but in no event less than the cost to the Authority for holding the event.

405.3 The terms “political party”, “political committee”, “candidate”, and “constituent services program” as used in this section shall have the meanings ascribed to them by the election laws of the District of Columbia at D.C. Official Code §§ 1-1101 et seq. and 1-1104 et seq.

405.4 Except as prohibited by Sections 405.1 and 405.2 of this chapter, the facilities and resources of the Authority may be used to provide direct or indirect support for community-related non-profit events, whether charitable or governmental.

405.5 Before the Authority provides support for any community-related non-profit event pursuant to Section 405.4, the President and Chief Executive Officer or designee shall determine in writing that the amount and terms of such support further the mission of the Authority, for example, by enhancing its ability to attract convention event, sports, entertainment and special event bookings or by promoting essential community relations.

405.6 Except as prohibited by Sections 405.1 and 405.2, the resources of the Authority may be used to purchase tickets to community-related events and other events at the Authority’s venues for distribution at less than the Authority’s purchase price to public officials or other persons who do business with the Authority.

405.7 Before the Authority purchases or distributes tickets pursuant to Section 405.6, the General Counsel shall determine in writing that such purchase or distribution does not violate the laws of the United States or the District of Columbia.

History

• SOURCE: Final Rulemaking published at 29 DCR 259, 261 (January 15, 1982); as amended by Final Rulemaking published at 50 DCR 3035 (April 18, 2003); as amended by Final Rulemaking published at 60 DCR 8962 (June 14, 2013).

19 DCMR § 499 DEFINITIONS

When used in this chapter the following words shall have the following meanings:

Authority - the Washington Convention and Sports Authority.

Board of Directors – the Board of Directors of the Authority.

Convention Center - the Walter E. Washington Convention Center located at 801 Mount Vernon Place, NW, Washington, DC.

Convention event - an event for which a reservation of space at the Convention Center includes a commitment to purchase at least 2,500 peak room nights in hotels within the District of Columbia, as determined by Destination DC.

First priority - a “Convention event” as defined in this section.

Fourth priority - a Non-convention event for which a reservation of space at the Convention Center may or may not include a commitment to purchase room nights in hotels within the District of Columbia and which describes a one-day meeting or assembly.

Non-convention event - an event other than a Convention event for which a reservation of space at the Convention Center may or may not include a commitment to purchase room nights in hotels within the District of Columbia and which describes a second, third or fourth priority booking.

President and Chief Executive Officer – the President and Chief Executive Officer of the Authority.

Second priority - a Non-convention event for which a reservation of space at the Convention Center may or may not include a commitment to purchase room nights in hotels within the District of Columbia and which describes a public consumer show, tradeshow or similar assembly.

Third priority - a Non-convention event for which a reservation of space at the Convention Center may or may not include a commitment to purchase room nights in hotels within the District of Columbia and which describes a local or regional multiple day meeting or assembly.

History

• SOURCE: Final Rulemaking published at 50 DCR 3035 (April 18, 2003); and as amended by Final Rulemaking published at 56 DCR 1815 (February 27, 2009); as amended by Final Rulemaking published at 60 DCR 8962 (June 14, 2013).

19-5 WASHINGTON CONVENTION CENTER: ETHICAL CODE

19 DCMR § 501 PRINCIPLES

501.1 Directors and employees shall place loyalty to ethical principles and to the laws and regulations governing the Authority above private gain.

501.2 The rules of this chapter shall not relieve any Director or employee of any duty that is imposed upon him or her by 5 U.S.C. §§ 7323 and 7324, 18 U.S.C. §§ 201, 205, 208 and 209, D.C. Code §§ 1-1461 and 1-1462, or any other applicable law or regulation of the United States or the District of Columbia.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is sections 203 and 206 of the Washington Convention Authority Act of 1994, D.C. Law 10-188, D.C. Code §§ 9-804 and 9-807 (1995 Repl).
• SOURCE: Final Rulemaking published at 44 DCR 7140 (November 21, 1997).

19 DCMR § 502 DIRECTORS AND EMPLOYEES: ETHICAL CONDUCT

502.1 No Director or employee shall use facilities or property owned or occupied by the Authority for any purpose other than the conduct of Authority business.

502.2 No Director or employee shall make or solicit any contribution to any political candidate, political campaign organization, political party, or constituent services fund while the Director or employee is:

(a) In the discharge of his or her duties as a Director or employee of the Authority;

(b) In a facility of the Authority; or

(c) Using the resources of the Authority.

502.3 No Director or employee shall use his or her official position to secure a financial gain, special privilege, exemption or other benefit for himself or herself, any member of his or her immediate family or household, or any business with which he or she is associated, other than the compensation provided by law for such Director or employee.

502.4 No Director or employee shall solicit or receive anything of value, including a gift, favor, service, loan, gratuity, discount, hospitality, contribution, or promise of future employment, either personally or for another person or entity, based on any understanding that an official action, judgment or duty would be influenced thereby, or where it could reasonably be inferred that acceptance of the thing of value would influence the discharge of an official duty.

502.5 No Director or employee shall receive any supplementation of salary from any private source for his or her services as a Director or employee.

502.6 No Director or employee shall accept anything of value for or because of any official act, otherwise than as provided by law.

502.7 Subsection 502.6 shall not prohibit a Director or employee from accepting an in- kind gift (i.e., a gift other than cash or liquid assets) having a market of less than $20.00, provided, that the aggregate value of individual in-kind gifts from any one source does not exceed $50.00 in any one calendar year.

History

• SOURCE: Final Rulemaking published at 44 DCR 7140-41 (November 21, 1997).

19 DCMR § 503 DIRECTORS AND EMPLOYEES: CONFIDENTIAL INFORMATION

503.1 No Director or employee shall use or disclose confidential or non-public information gained in the course of official duties in any way that could result in financial gain for himself or herself or any other person.

503.2 No Director or employee shall disclose confidential or non-public information to any prospective or actual bidder in connection with the award of any contract or otherwise act in any manner that may tend to corrupt the contract award process.

History

• SOURCE: Final Rulemaking published at 44 DCR 7140, 7141 (November 21, 1997). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 503

19 DCMR § 504 EMPLOYEES: OUTSIDE EMPLOYMENT

504.1 No employee shall engage in outside employment or private business or professional activity that conflicts, or would appear to conflict, with the fair, impartial and objective performance of the employee's assigned duties and responsibilities.

504.2 An employee may accept outside employment if:

(a) The employment does not conflict or appear to conflict with the fair, impartial and objective performance of the employee’s assigned duties; and

(b) The employment would not cause disclosure of any confidential information of the Authority to any person or organization who is seeking to do business with, doing business with, or requesting an approval or determination from, the Authority.

History

• SOURCE: Final Rulemaking published at 44 DCR 7140, 7141-42 (November 21, 1997).

19 DCMR § 505 DIRECTORS AND EMPLOYEES: CONFLICTS OF INTEREST

505.1 Any Director who, in the discharge of an official duty, would be required to take any action or make any decision that would directly or indirectly affect his or her financial interests or the financial interests of a member of his or her household, or a business with which he or she is associated; or must take official action on a matter as to which he or she has a conflict situation created by a personal, family or client interest shall:

(a) Prepare a written statement describing the matter requiring action or decision, and the nature of his or her potential conflict of interest with respect to such action or decision;

(b) Cause copies of the statement to be delivered to the District of Columbia Board of Elections and Ethics and to the Chairperson of the Board of Directors of the Authority (except that the Chairperson shall deliver the second copy of any such statement as he or she may make to the Vice Chairperson); and

(c) During the period when a conflict or potential conflict of interest is under investigation by the D.C. Board of Elections and Ethics, remove himself or herself from influence over actions and decisions on the matter on which there is a conflict or potential conflict of interest.

505.2 Any employee who has conflict or a potential conflict of interest as set forth in §505.1 shall report the potential conflict to his or her superior, who shall reassign the matter to another employee who does not have a conflict or potential conflict, and to the Ethics Officer of the Authority.

505.3 The employee shall remove himself or herself from influence over actions and decisions on the matter during the period when the Ethics Officer is investigating the conflict or potential conflict of interest.

505.4 The Ethics Officer shall investigate each report of a conflict or potential conflict of interest submitted under § 505.2 and provide a written advisory opinion to the affected employee.

History

• SOURCE: Final Rulemaking published at 44 DCR 7140, 7142 (November 21, 1997).

19 DCMR § 506 ETHICS OFFICER

506.1 The General Manager shall appoint an Ethics Officer for the Authority, subject to the approval of the Board.

506.2 The Ethics Officer shall be responsible for preparing advisory opinions as required by § 505 of this chapter and for conducting periodic ethics training for all employees of the Authority.

History

• SOURCE: Final Rulemaking published at 44 DCR 7140, 7142-43 (November 21, 1997).

19 DCMR § 507 SANCTIONS

507.1 Any violation of the provisions of this chapter shall be grounds for corrective action pursuant to the personnel regulations set forth in 19 DCMR chapter 2.

507.2 The sanctions imposed by this section are in addition to, not in lieu of, the sanctions imposed by 5 U.S.C. § 7326, 18 U.S.C. §§ 201, 205, 208 and 209, D.C. Code §§ 1-1461 and 1-1462, or any other applicable law or regulation of the United States or the District of Columbia.

History

• SOURCE: Final Rulemaking published at 44 DCR 7140, 7143 (November 21, 1997).

19 DCMR § 599 DEFINITIONS

599.1 When used in this chapter, the following words shall have the meaning ascribed:

Authority - Washington Convention Center Authority established by D.C. Law 10- 188, D.C. Code §§ 9-801 et seq.

Director - any member of the Board of Directors of the Authority, including the Chairperson and Vice Chairperson.

Employee - any individual who works for and is paid by the Authority and who is not an independent contractor.

History

• SOURCE: Final Rulemaking published at 44 DCR 7140, 7143 (November 21, 1997).

19-7 DEPARTMENT OF PARKS AND RECREATION

19 DCMR § 700 OPERATION OF RECREATION UNITS

700.1 The recreation units operated by the Department of Recreation (also referred to in this chapter as the “Department”) shall include those designated by the National Capital Planning Commission, in accordance with a comprehensive plan as suitable and desirable for the District recreation system.

700.2 All activities in recreation centers or at recreation units shall be under the control of a director designated by the Director of the Department of Parks and Recreation, or his or her representative.

700.3 The schedule of operation of each recreation unit and the assignment of personnel to each unit and activity shall be determined by the Director of the Department of Parks and Recreation.

700.4 The director in charge of each unit is required to be at the unit at least fifteen (15) minutes before the scheduled time of opening.

700.5 The director of each unit shall not leave the unit at any time during his or her period of duty, without authority to do so from a superior officer.

700.6 It shall be the responsibility of the divisional directors to inform the recreation staff of all policies and agreements reached and of all administrative directives issued in connection with the use by the Department of facilities of other agencies.

700.7 Attendance records shall be kept daily at each recreation unit.

700.8 A monthly report of attendance shall be made to the central office on prescribed forms.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act To create a Recreation Board for the District of Columbia, to define its duties, and for other purposes, approved April 29, 1942, 56 Stat. 261, codified at D.C.Code §§ 8-137.1, -1808.01; Mayor's Order 2007-53
• SOURCE: 15 DCRR § 1.1-1.3 (August 10, 1970 and December 23, 1970). EDITOR’S NOTE: The Department of Recreation was renamed the Department of Recreation and Parks pursuant to D.C. Law 10-226 and later renamed the Department of Parks and Recreation pursuant to Mayor’s Order 2000-20, dated February 4, 2000. All references in this chapter to the “Director of Recreation” shall mean the “Director of the Department of Parks and Recreation.”

19 DCMR § 701 REPORTING ACCIDENTS

701.1 Any accident to an individual at or adjacent to a recreation unit shall be reported on the prescribed form to the central office.

701.2 In case of serious injury, such as a broken limb or an accident rendering a person unconscious, the family shall be notified by a reliable messenger and by the recreation office by telephone.

701.3 If an injured person must be moved to a hospital, the case shall be referred to the Police and to the D.C. Emergency Ambulance Service.

History

• SOURCE: 15 DCRR § 1.4 (August 10, 1970 and December 23, 1970).

19 DCMR § 702 SMOKING, DRINKING, AND GAMBLING

702.1 The smoking of tobacco is prohibited in a playground or public recreational facility, as those terms are defined in Section 3(4A) and (4B) of the District of Columbia Smoking Restriction Act of 1979, effective September 28, 1979 (D.C. Law 3-22; D.C. Official Code § 7-1702(4A) and (4B)).

702.2 The use of alcoholic beverages in any form on the premises of a recreation center or playground is prohibited.

702.3 Gambling in any form is prohibited at all recreation units.

History

• SOURCE: 15 DCRR § 1.5 (August 10, 1970 and December 23, 1970); as amended by the Smoking Restriction Amendment Act of 2013, effective December 13, 2013 (D.C. Law 20-48; 60 DCR 15145 (November 1, 2013)). District of Columbia Municipal Regulations Amusements, Parks and Recreation 19 DCMR § 702

19 DCMR § 703 RESPONSIBILITY FOR GOVERNMENT PROPERTY

703.1 Every employee of the Department, in accordance with regulations prescribed by the Mayor, shall be held responsible for the proper use and protection of any government property that comes under his or her custody or control.

703.2 The property officer shall be accountable for all personal property under the Department’s control.

703.3 Every employee to whom personal property is issued shall be responsible for the property.

703.4 Unit directors shall be responsible and accountable for all property issued to them for use at their center.

703.5 Loss or theft of property shall be reported immediately to the nearest police precinct and to the central office.

703.6 Sworn affidavit covering a loss or theft shall be filed with the property officer within thirty (30) days from the date of the loss or theft in the event the property is not recovered.

703.7 No terminal salary check shall be issued to an employee or to the employee’s estate, until satisfactory certification has been furnished to the Department that the employee has done one (1) of the following:

(a) Returned the property;

(b) Reimbursed the District for the value of the property; or

(c) Otherwise satisfactorily accounted for all District property issued to him or her.

703.8 Normally, certification as required by § 703.7 shall accompany the final time and attendance report.

703.9 If any property is reported as lost, stolen, damaged, or destroyed, the final release of responsibility shall not be furnished until action in accordance with section 7 of the D.C. Personal Property Regulations, effective July 1, 1958, has been completed.

History

• SOURCE: 15 DCRR §§ 1.6 and 1.7 (August 10, 1970 and December 23, 1970).

19 DCMR § 704 REPORTING LOSSES, DAMAGE, HAZARDS

704.1 Every employee of the Department having custody of real property or improvements on the property shall protect the property from injury, defacement, or destruction. Any acts in this connection shall be promptly reported to the central office.

704.2 It shall be the duty of each recreation employee in the field to report immediately to his or her superior officer any unsanitary, unsafe, or hazardous conditions on the grounds, buildings, or equipment attached to the property.

704.3 If an unsanitary, hazardous, or unsafe condition constitutes an emergency, the condition shall be reported directly to the division head.

704.4 It is expected that any employee of the Department who has knowledge of a condition in the community which would constitute an attractive nuisance by drawing children to play in hazardous and unguarded places shall bring the circumstance to the attention of his or her immediate supervisor who shall ensure that a report is made to the division head.

History

• SOURCE: 15 DCRR § 1.8 (August 10, 1970 and December 23, 1970).

19 DCMR § 705 [RESERVED]

19 DCMR § 706 RECREATION TRUST FUND

706.1 The trust fund created by the Recreation Board under authority of Public Law 534, 77th Congress, shall be deposited with the D.C. Treasurer, and shall become part of the Department appropriation.

706.2 The Director of the Department of Parks and Recreation shall designate an employee of the Department who shall function as the treasurer of the trust fund, and who shall be charged with the maintenance of records for deposits into and disbursements from the trust fund.

706.3 Fees and receipts from deposit and disbursement activities, which the Department may deem advisable to conduct on a fee or charge basis, shall be collected by employees of the Department only on authorization of the Director of the Department of Parks and Recreation.

706.4 All fees and receipts from activities conducted on an admission or fee basis shall be deposited with the Department treasurer within forty-eight (48) hours from the date of the activity, Sundays and holidays excepted.

706.5 The trust fund treasurer shall issue a prenumbered receipt in duplicate for the full amount received.

706.6 All monies received by the fund treasurer shall be deposited with the D.C. Treasurer as a part of the trust fund.

706.7 Obligations shall not be incurred against the trust fund for any purpose whatsoever by any employee of the Department without prior approval of the Superintendent of Recreation.

706.8 Expenditures from the trust fund for personal services shall be made on the basis of payrolls properly certified by the Director of the Department of Parks and Recreation.

706.9 Expenditures for personal services not handled in the manner required by § 706.8 shall be made only by special arrangement with the prescribed office of the District.

706.10 The quarterly audit of the trust fund shall be submitted to the Director of the Department of Parks and Recreation.

History

• SOURCE: 15 DCRR §§ 2.1, 2.2, 2.3, 2.5, 2.6 and 2.7 (August 10, 1970 and December 23, 1970). EDITOR’S NOTE: The functions of the Superintendent of Recreation under section 706.7 were transferred to the Commissioner pursuant to the Reorganization Plan 3 of 1968, effective June 30, 1968.

19 DCMR § 707 REVOLVING FUND, REIMBURSEMENTS, AND AUTHORIZATION

707.1 In accordance with the annual appropriations act, a portion of the trust fund shall be advanced as a revolving fund.

707.2 The revolving fund required by § 707.1 shall be maintained in a checking account in a commercial depository under the name of the Department.

707.3 Reimbursements to the revolving fund shall be deposited by the Department treasurer, and disbursements from the revolving fund shall be made only by check signed by the Department treasurer and countersigned by the Director of the Department of Parks and Recreation, or his or her designated representative.

707.4 All expenditures from the revolving fund shall require receipted invoices itemizing the merchandise purchased, and indicating the person making the purchase.

707.5 The receipted invoices required by § 707.4 shall be signed by a representative of the agency or firm supplying the merchandise. The title of the representative shall be shown on the invoice.

History

• SOURCE: 15 DCRR § 2.4 (August 10, 1970 and December 23, 1970).

19 DCMR § 708 [RESERVED]

19 DCMR § 709 [RESERVED]

19 DCMR § 710 SCHOOL FACILITIES UNDER AGREEMENT WITH THE BOARD OF EDUCATION

710.1 In accordance with D.C. Code § 31-201 (1998 Repl.), public school buildings and grounds located in the District may be used for supplementary educational purposes, civic meetings for the free discussion of public questions, social centers, centers of recreation, and playgrounds.

710.2 School facilities shall not be used for sectarian purposes.

710.3 Public school grounds and related facilities may be used by private and parochial schools for athletic contests.

710.4 The use for school purposes of school buildings and grounds under the jurisdiction of the Board of Education shall have precedence over their use for social, recreational, community, or civic purposes.

710.5 The responsibility for the use of school facilities for school functions, conferences of persons employed by the Board of Education, parents’ meetings, commencement exercises, exhibitions of school work connected with day or evening school programs, civil service examinations, and other education or nonrecreational purposes shall remain with the Board of Education.

710.6 In addition to other purposes authorized by law, the Department may be authorized by the Board of Education to use school buildings and grounds for establishing the following:

(a) Social centers;

(b) Centers of recreation; and

(c) Community playgrounds.

710.7 Authorizations by the Board of Education for the use of school facilities by the Department shall be subject to review and rescindment for cause by the Board of Education.

710.8 The Director of the Department of Parks and Recreation shall, from time to time, request the Board of Education to authorize the Department to use certain specified school buildings and grounds.

710.9 The school buildings and grounds requested shall, insofar as practicable, conform with the Recreation System Plan developed by the National Capital Planning Commission.

710.10 The Department shall not grant the use of public school buildings and grounds except in accordance with the provisions of this chapter, unless specific approval is given by order of the Board of Education.

710.11 The Department may establish and operate social centers, centers of recreation, and community playgrounds, in accordance with the provisions of this chapter, in public school buildings and on public school grounds that are approved by the Board of Education.

History

• SOURCE: 15 DCRR §§ 3.1, 3.2(a) and (b) (August 10, 1970 and December 23, 1970).

19 DCMR § 711 USE OF SCHOOL FACILITIES: CUSTODIAL SERVICES

711.1 Following approval by the Board of Education for the use of school facilities, an authorized representative of the Department shall confer with the principal of the particular school or school ground involved on the details of Department operation and custodial services necessary for maintenance and protection.

711.2 When a school building is to be operated by the Department, preference in custodial responsibility shall be given to the regular custodial staff of that school building.

711.3 If the regular custodial staff is not available, adjustments may be made by the Department subject to the approval of the Superintendent of Schools.

711.4 A schedule of custodial and engineering services needed in each school during community use shall be established.

711.5 The schedule required by § 711.4 shall be subject to any adjustments by the school and recreation officers as may be found necessary or desirable.

711.6 When a building is used by more than one (1) agency, the cost of the custodial and engineering services shall be apportioned to the respective agencies according to the approved schedule.

711.7 Employees of the Board of Education, while employed by and on duty with the Department, shall be responsible to the Department representative in charge of that activity.

History

• SOURCE: 15 DCRR § 3.2(c)-(g) (August 10, 1970 and December 23, 1970).

19 DCMR § 712 USE OF SCHOOL FACILITIES: COMMERCIAL ACTIVITIES

712.1 The use of school and recreation facilities shall not be granted for commercial activities or for profit.

712.2 It shall be the responsibility of the Director of the Department of Parks and Recreation to enforce the provisions of this section for community and recreation activities.

712.3 The enforcement of the provisions of this section, insofar as the provisions apply to schools and school organizations, shall remain with the Superintendent of Schools.

712.4 The provisions of this section shall not preclude the use of school facilities by the Department to raise funds for the payment of necessary expenses of community and recreational activities that the Department organizes and directs as an integral part of its program.

712.5 The provisions of this section shall not preclude the use of school facilities by the D.C. Public Schools, alumni associations, parent-teacher organizations, and professional organizations of teachers and officers to raise funds for D.C. Public School purposes only; provided, that all custodial and other approved charges incident to the use of the building or grounds and all other necessary expenses are paid.

History

• SOURCE: 15 DCRR § 3.3(a) (August 10, 1970 and December 23, 1970).

19 DCMR § 713 USE OF SCHOOL FACILITIES: OTHER LIMITATIONS

713.1 The use of tobacco in any form on school premises shall be prohibited, except that adults may smoke in special areas designated by the principal with the agreement of the D.C. Fire Marshal.

713.2 The use of alcoholic beverages on school premises shall be prohibited.

713.3 Whenever the kitchen and serving counter area is to be used for any purpose other than in connection with the service of the regularly scheduled school lunch, arrangements shall be made in advance with the office of the public school official in charge of buildings and grounds, and with the official in charge of food services.

History

• SOURCE: 15 DCRR § 3.3(b), (c) (August 10, 1970 and December 23, 1970).

19 DCMR § 714 REIMBURSEMENT FOR HEAT, LIGHT, AND JANITORIAL SUPPLIES

714.1 The Department shall reimburse the Board of Education for the cost of heat, light, and janitorial supplies.

714.2 Equipment or properties damaged by Department activities shall be repaired or replaced by methods or means mutually acceptable to the officers of both agencies.

History

• SOURCE: 15 DCRR § 3.4 (August 10, 1970 and December 23, 1970).

19 DCMR § 715 DEPARTMENT OF RECREATION BUILDINGS AND GROUNDS

715.1 All activities conducted or permitted by the Department on areas or in buildings under its jurisdiction shall be under the control and direction of the Director of the Department of Parks and Recreation.

715.2 The Department may grant to civic associations and other responsible organizations the use of areas or buildings in accordance with the provisions of this chapter; provided, that a representative of the Department may be present at any meeting of the organization in the school or recreation building.

History

• SOURCE: 15 DCRR § 4.1 (August 10, 1970 and December 23, 1970).

19 DCMR § 716 ESTABLISHMENT OF FEES

716.1 Except for the Southeast Tennis and Learning Center, this section establishes fees for use of Department property and equipment and registration in recreational activities offered by the Department.

716.2 The following table sets forth the permit fees for uses of Department ball fields, courts, and aquatic facilities:

TABLE A – PERMITTED USES OF BALL FIELDS, COURTS, GYMS AND AQUATIC LANES

Fee Category

Details

Unit

Resident

Ball Field Lights

Adults

Per Hour

$10

Ball Field

Grass Field (Adult)

Per Hour

$40

Ball Field

Turf/Synthetic Field (Adult)

Per Hour

$50

Ball Field

Grass Field (Youth)

Per Hour

$5

Ball Field

Turf/Synthetic Field (Youth)

Per Hour

$7

Indoor Court

Adult

Per Hour

$40

Indoor Court

Youth

Per Hour

$5

Outdoor Court

Adult

Per Hour

$25

Outdoor Court

Youth

Per Hour

$5

One-Time Indoor or Outdoor Court or Field Permit For Full Day Exclusive

Adult

6 Hours

$400

One-Time Indoor or Outdoor Court or Field Permit For Full Day Exclusive

Youth

6 Hours

$200

Aquatics - Lane

20 and 25 Yard Swimming Lane (Adult)

Per Lane/hr.

$15

Aquatics - Lane

20 and 25 Yard Swimming Lane (Youth)

Per Lane/hr.

$7

Aquatics - Lane

50 Meter Swimming Lane (Adult)

Per Lane/hr.

$20

Aquatics - Lane

50 Meter Swimming Lane (Youth)

Per Lane/hr.

$10

Aquatics - Pool

Full Facility Small Pool

Per Hour

$250

Aquatics-Pool

Full Facility Large Pool

Per Hour

$350

Pool and Room

Indoor Room fees

and additional aquatics employees fees also apply

Flat Fee

$25

per hour

716.3 The following table sets forth the Department’s permit fees for use of park space, gardens, recreation rooms and transportation:

TABLE B – PERMITTED USE OF PARK SPACE AND FACILITIES

Fee Category

Details

Unit

Resident Applicant

Small Community Room

1-49 people

Per Hour

$25

Large Community Room

1-49 people

Per Hour

$35

Outdoor Picnic/Event Space

1-49 people

Per Hour

$25

Meeting Room or Open Field Space

Up to 25 people

Per Hour

$10

Indoor/Outdoor Special Event

50-99 person event

Per Hour

$50

Indoor/Outdoor Special Event

100-199 person event

Per Hour

$100

Indoor/Outdoor Special Event

200- 400 person event

Per Hour

$200

Indoor/Outdoor Special Event

401-700 person event

Per Hour

$300

Indoor/Outdoor Special Event

701-999 person event

Per Hour

$400

Indoor/Outdoor Special Event

1,000-1,200 person event

Per Hour

$500

Market

Per Vendor

Per Day

$10

Outdoor Lights

Special Events

Per Hour

$10

Special Event Transportation

Bus

Per Trip

(6 hour maximum)

$400

Special Event Transportation

Van

Per Trip

(6 hour maximum)

$200

Garden Space Fee

Small, Medium, or Large

Per Year

SM $25

M $50

L $75

716.4 The following table sets forth the Department’s fee-based use fees for commercial activities.

TABLE C – FEE-BASED USE PERMIT FEES

Fee Category

Details and Units

Resident Applicant

Indoor Court

Youth League

Per Permit in Table A (§ 716.2)

$100

Indoor Court

Adult League

Per permit in Table A (§ 716.2)

$150

Outdoor Court

Youth League

Per Permit in Table A (§ 716.2)

$50

Outdoor Court

Adult League

Per Permit in Table A (§ 716.2)

$75

Indoor Room

Youth League

Per Permit in Table B (§ 716.3)

$100

Indoor Room

Adult League

Per permit in Table B (§ 716.3)

$150

Field

Youth League

Per permit in Table A (§ 716.2)

$100

Field

Adult League

Per Permit in Table A (§ 716.2)

$150

Instructional/Clinic/ Fitness

Special Event/Class

Per Permit in Table A (§ 716.2) or B (§ 716.3)

$25

Special Event Admission

Estimated Admission Fees

5%

Market Operator or Vendor

For SNAP or WIC program participants

Waived

Market/Special Event Operator

Vendors: 1-15

per permit in Table B (§ 716.3)

$75

Market/Special Event

Operator

Vendors: 16-25

per permit in Table B (§ 716.3)

$100

Market/Special Event

Operator

Vendors 26-50

per permit in Table B (§ 716.3)

$125

Vendor/Café/Table

Not Part of Market

Individual/Per Day

Small /Per Day

Large/Per Day

$20

$60

$80

Revenue Agreements

Revenue Share

Up to 20%

Summer Youth Camp

Indoor or Field

Per week

per permit in Table A or B

$200

716.5 The table below sets forth the Department’s permit fees for use of Department equipment.

TABLE D – PERMITTED USE OF EQUIPMENT

Fee Category

Details

Unit

Resident

Deposit

Aquatics - Equip. Rental

Timing System (Adult)

Up to 6 Hours

$175

N/A

Aquatics - Equip. Rental

Timing System (DCPS/Charter/DCSAA)

Up to 6 Hours

$75

N/A

Aquatics - Equip. Rental

Timing System (Youth)

Up to 6 Hours

$150

N/A

Equipment - Showmobile

Large Showmobile

Up to 6 Hours

$750

$300

Equipment - Showmobile

Medium Showmobile

Up to 6 Hours

$500

$200

Equipment - Showmobile

Small Showmobile

Up to 6 Hours

$400

$100

Equipment Rental

Large PA System

Up to 6 Hours

$150

$75

Equipment Rental

Small PA System

Up to 6 Hours

$100

$50

Equipment Rental

Platform

Up to 6 Hours

$35

$25

Equipment Rental

Podium

Up to 6 Hours

$35

$25

Equipment

Miscellaneous

Per Hour

$25

$25

Garden Tools

Various

Daily, Weekly, and Monthly

Garden Tool Guide

Garden Tool Guide

716.6 The following table sets forth the Department’s admission fees for Department aquatic and fitness center facilities:

TABLE E – ADMISSION FEES

Fee Category

Details

Unit

Flat Fee For Residents

Aquatics - Pool

Indoor - Adult

Annual

$300

Aquatics - Pool

Indoor - Youth

Annual

$150

Aquatics - Pool

Family Indoor (up to four people)

Annual

$600

Aquatics - Pool

Outdoor - Adult

Seasonal

$150

Aquatics - Pool

Outdoor - Youth

Seasonal

$75

Aquatics - Pool

Outdoor

Family (up to four people)

Seasonal

$300

Aquatics - Pool

Indoor - Adult

Per Day

$5

Aquatics - Pool

Indoor - Youth

Per Day

$2

Aquatics - Pool

Outdoor - Adult

Per Day

$5

Aquatics - Pool

Outdoor - Youth

Per Day

$2

Aquatics - Pool

Indoor - Adult

Per Month

$40

Aquatics - Pool

Indoor - Youth

Per Month

$20

Aquatics-Pool

Groups Larger than 10

Admission

Per Person

$3

Fitness Centers

Family

Per Day

$10

Fitness Centers

Individual

Per Day

$5

Fitness Centers

Family

Per Month

$50

Fitness Centers

Individual

Per Month

$25

Fitness Centers

Family

Annual Pass

$200

Fitness Centers

Individual

Annual

Pass

$150

716.7 The following table sets forth the amounts the Department can charge up-to for recreational activities and programs.

TABLE F – DPR RECREATIONAL ACTIVITY FEES

Fee Category

Details

Unit

Maximum Fee for Resident

Indoor Fitness Class

Repeating

1 session

(approx. 12 weeks)

$40

Indoor Fitness Class

Drop In

1 occurrence

$5

Learn to Swim Class

Repeating

1 session

(approx. 12 weeks)

$25 youth

$50 adult

Swim Fitness Class

Repeating

1 session

(approx. 12 weeks)

$100

Enrichment/Arts Class

Repeating

1 session

(approx. 12 weeks)

$50

plus materials fees

Dance Class

Repeating

1 session

(approx. 12 weeks)

$100

Special Event Class

Drop In

1 occurrence

$10 plus materials fees

Weekly Camps

Repeating

Weekly

$200

Day Camps

One Time

Per Day

$25

Camping Overnight

At least two days

Per night

$100

Special Event Program or Event Admission

One time

Per Day

$100 plus materials fees

Field Trip

One time

Per Day

Costs of travel and trip

Leagues

Repeating

Per Season

$500

Tournament

One time

Per Day

$50

Early Childhood Cooperative Play

Annual (10 months)

Month

$250

Out-of-School Time Aftercare

Annual (10 months)

Month

$150

716.8 Fees for non-residents are one and one half (1½) times the amounts set forth in Tables A, B, C, D and E in Subsections 716.2, 716.3, 716.4, 716.5 and 716.6. Fees for non-residents are an additional twenty-five percent (25%) of the cost of the admission or an activity in Table F in Subsection 716.7.

716.9 In accordance with Section 725, applicants required to obtain both a permit and a fee-based use permit shall pay the relevant fee amounts in Tables A or B and Table C in Subsections 716.2, 716.3, and 716.4.

716.10 Individual vendors selling goods who are not part of a market operation shall be required to pay the relevant fees in Table C in Subsection 716.4 only. The Department has discretion to charge the applicant the per diem fee or the revenue share fee based on based on the length and time of permit.

716.11 If an applicant requests multiple sites under a permit or fee-based use permit, then the fees in Tables A, B and C in Subsections 716.2, 716.3 and 716.4 shall be calculated separately for usage at each desired location.

716.12 Permit applicants deemed eligible for use of property outside the Department’s hours of operation may be required to pay a premium fee per hour to cover the cost of staff.

716.13 A deposit in the amount of forty percent (40%) of the total cost of a permit for special events and equipment usage is required along with the total costs at the time of payment is due. Deposits will be returned upon satisfaction that no repair or additional clean-up in the permitted area is needed.

716.14 Payment of fees is due fourteen (14) calendar days after the date the invoice is issued unless otherwise agreed to by the Department. If a permit is applied for less than thirty (30) days before the date of the requested use, and DPR determines that the permit may be issued notwithstanding Subsection 725.7, then payment will be due upon the date determined by DPR, which may be less than fourteen (14) days after the date of invoice.

716.15 As provided by Section 4 of the Recreation Act of 1994, effective March 23, 1995 (D.C. Law 10-246; D.C. Official Code § 10-303), all fees collected pursuant to this chapter will be placed into the general fund, and a direct appropriation of the amounts collected is authorized into the Department’s enterprise fund. The enterprise fund is created for the collection of fees, concessions, and services and payments by developers seeking relief from zoning laws by way of the planned unit development process, considered part of the required community benefits package of the proposed planned unit development. Revenue deposited into the enterprise fund shall be expended by the Department for the administration, improvement, and maintenance of property and programs managed by the Department.

716.16 An applicant who is a resident of the District may apply for a permit fee discount if the applicant demonstrates that it meets one (1) of the following requirements:

(a) Fifty percent (50%) discount of the total fees for individuals or non-profit corporations in good standing that serve fewer than one hundred (100) total youth participants and that principally serve District residents. The corporation must demonstrate through financial documents that the fees collected by the corporation from participants is not generating income to pay salaries, benefit sponsors, fund other aspects of the corporation’s operations, or make charitable donations.

(b) Fifty percent (50%) discount for local District agencies or public officials so long as the planned activities meet a government purpose as determined pursuant to standards established by Department policy.

(c) One hundred percent (100%) waiver of fees for Department partners with valid written partnership agreements that do not charge fees for participation.

(d) One hundred percent (100%) waiver of fees for District of Columbia Public Schools (“DCPS”), District public charter schools, and the District of Columbia State Athletic Association (“DCSAA”) for athletic league play only. A fifty percent (50%) waiver may be available for these groups for school day activities involving a government purpose as determined pursuant to standards established by Department policy. All required fees shall be paid for these groups pursuant to these regulations for other activities such as special events or after school activities.

(e) One hundred percent (100%) waiver of fees for meetings held by Advisory Neighborhood Commissions, Police Service Area Officers, civic associations, and the District of Columbia Housing Authority if the planned meetings meet a government purpose as determined pursuant to standards established by Department policy.

(f) Twenty-five percent (25%) waiver of fees for senior citizens who are District residents and a complete fee waiver for senior citizens who are income eligible to registration may be applied for recreational activities.

(g) One hundred percent (100%) waiver of fees for farmers’ market operators and vendors if they sell food through a federal food assistance program.

(h) DPR may offer a credit of up to fifty percent (50%) of permit fees for field or facility improvements made by an organization that has a written adopt-a-park/facility agreement with DPR. The amount of the credit shall be set forth in the agreement.

716.17 The waivers set forth in § 716.16 apply to permit fees only and do not apply to staff or other costs.

716.18 Park space under the jurisdiction and control of National Park Service (NPS) is subject to fees and regulations set by the NPS.

716.19 The Department may waive the fees in this chapter if an applicant can reasonably demonstrate:

(a) A financial hardship of the participants in paying the fees;

(b) A significant public need for the activity;

(c) That the activity aligns with the mission of the Department; and

(d) That the applicant does not charge its participants or only charges a fee for incidental costs for materials or supplies.

716.20 Fees for services provided by the Department for therapeutic recreation services under Medicaid will be charged pursuant to the amounts allowed under Medicaid.

History

• SOURCE: 15 DCRR § 4.2 (August 10, 1970 and December 23, 1970); as amended by Final Rulemaking published at 41 DCR 2231 (April 22, 1994); as amended by Final Rulemaking published at 42 DCR 370 (January 20, 1995); as amended by Final Rulemaking published at 43 DCR 2899 (May 31, 1996); as amended by Final Rulemaking published at 43 DCR 5780 (October 25, 1996); as amended by Final Rulemaking published at 46 DCR 5249 (June 11, 1999); as amended by the Notification of Adjustments to Fees and Fines, effective January 1, 2003, published at 49 DCR 11562 (December 20, 2002), pursuant to the fine adjustments found Title XII of the Fiscal Year 2002 Budget Support Amendment Act of 2002, effective June 5, 2003 (D.C. Law14-307; 49 DCR 11664 (December 27, 2002)); as amended by Final Rulemaking published at 63 DCR 8248 (June 10, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 716

19 DCMR § 717 PRIORITY OF PERMITTED USES

717.1 Except for applicants for seasonal permits, the first applicant to submit a request for a permitted use shall have priority.

717.2 If more than one (1) applicant is seeking a permit for the same permitted use or equipment at the same time, the Department shall establish the following priority:

Department-sponsored activities;

Non-profit partners such as Programmatic Partners, Park Partners, and Collaborative Partners or designated organizations recognized by the Department in a written agreement;

Athletic programs organized by DCPS, District public charter schools, or the DCSAA for competitive league play and not for intramurals;

Youth non-profit organizations, including schools, principally serving District residents;

Adult non-profit organizations principally serving District residents;

Other organizations, groups, or individuals for private use that are based in the District; and then

Others.

717.3 When more than one (1) applicant is seeking a permit for property or equipment for the same property at the same time, the Department may mediate between competing users and propose a reasonable and proportionate schedule of use, shared use, a proposed alternative property, or denial.

717.4 Pursuant to Subsection 717.3, DPR will weigh the following factors in mediation:

Historical use: twenty-five percent (25%);

The number of youth District residents served: twenty-five percent (25%);

The use is not offered by other groups: twenty percent (20%);

The use is the primary use intended for the property: fifteen percent (15%); and

Other reasonable considerations by the Department: fifteen percent (15%).

717.5 As to the mediating parties, upon request, DPR will provide a written explanation of its decision as to the permit application.

717.6 When considering priority, the Department may block out time for open community use or for permitted activities that do not involve an organized league.

History

• SOURCE: 15 DCRR § 4.3 (August 10, 1970 and December 23, 1970); as amended by the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; 57 DCR 7548 (August 20, 2010)); as amended by Final Rulemaking published at 63 DCR 8248 (June 10, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 717

19 DCMR § 718 RESPONSIBILITY FOR REPAIRS TO PROPERTIES

718.1 Equipment or properties under the control of the Department damaged by school activities shall be repaired or replaced by methods or means acceptable to the officers of the two agencies.

718.2 Any organization using buildings, grounds, and equipment shall exercise utmost care of the property and make good any damage arising from the use.

718.3 In granting permits, the Director of the Department of Parks and Recreation may require a money guarantee as a protection against property loss or damage.

History

• SOURCE: 15 DCRR § 4.4 (August 10, 1970 and December 23, 1970).

19 DCMR § 719 ESTABLISHMENT OF USER FEES FOR THE SOUTHEAST TENNIS AND LEARNING CENTER AND OTHER SIMILAR TENNIS FACILITIES

719.1 This section establishes the service fees by category type for the Southeast Tennis and Learning Center and any future newly built or renovated Department of Parks and Recreation facility that offers services that are similar to those offered by the Southeast Tennis and Learning Center.

719.2 The fees for indoor court rental shall be as follows:

There is no fee for District youth not affiliated with an organization or registered in a program.

Youth/Junior program fees are one hundred dollars ($100) for Orange Group, one hundred twenty dollars ($120) for Green Group, one hundred and fifty dollars ($150) for Junior Excellence Group, and two hundred dollars ($200) for Excellence Group. Groups meet ten (10) times in a session. Non-resident fees shall be one and a half (1½) times the resident fees.

Partners with written partnership agreements will be charged seventy-five percent (75%) of the applicable District resident, adult hourly court fee per court.

The fee for ball machines is fifteen dollars ($15) per hour.

Fee rates for adults per hour for a forty (40) week season are as follows:

(1) The fee rates per hour for a forty (40)-week season, from September 1 through April 30, are as follows:

Day

Time

D.C. Resident

Non-Resident

Off Peak

Monday – Saturday

6 am-9 am

$ 20.00 per hour

$25.00

Monday –Friday

9am – 3pm

$30.00 per hour

$35.00

Saturday

9am – 6pm

$ 25.00 per hour

Holidays

2 pm - 7 pm

$ 25.00

$ 35.00

Peak

Monday - Friday

7pm – 9pm

$ 25.00

$ 30.00

Saturday

9am – 6pm

$ 25.00

$ 30.00

Holidays

7 am - 2 pm

$ 28.00

$ 38.00

Holidays

7 pm - 10 pm

$ 28.00

$ 38.00

(2) The fee rates per hour for a twelve (12)-week summer season, from May 1 through August 31, are as follows:

Day

Time

D.C. Resident

Non-Resident

Off Peak

Early Bird

6 am – 9 pm

$ 20.00

$ 25.00

Saturday - Sunday

5 pm - 11 pm

$ 25.00

$ 35.00

Monday - Friday

7 am - 9 am

$ 20.00

$ 30.00

Monday - Friday

10 pm - 11 pm

$ 20.00

$ 30.00

Peak

Monday - Friday

9 am - 10 pm

$ 25.00

$ 38.00

Saturday - Sunday

7 am - 5 pm

$ 28.00

$ 38.00

Holidays

7 am - 2 pm

$ 28.00

$ 38.00

Holidays

7 pm - 10 pm

$ 28.00

$ 38.00

719.3 Non-resident fees shall be one and a half (1½) times the resident fees.

719.4 Groups meet ten (10) times in a session. There is a twenty dollar ($20) drop-in fee for each session. Instead of paying hourly fees for court rental above, members of the public may obtain memberships or contract packages.

719.5 Senior citizens who are District residents will receive a forty percent (40%) discount on all court and membership fees.

719.6 The membership fee for an individual is one hundred and fifty dollars ($150) per year. Family memberships are available for sixty dollars ($60) for each additional family member. Proof of family membership is required in order to purchase additional family memberships. The membership fee for a partner who is based in the District is four hundred dollars ($400) per year. The membership fees for partners outside the District is six hundred dollars ($600) per year. All fees must be paid in full at the time of joining the Tennis and Learning Center. Membership fees entitle individual members and the youth sponsored by both District partners and non-District partners to the use of the weight conditioning room, the shower facilities, the computer learning center, and discounts on hourly tennis court fees.

719.7 Members may bring guests. A fee of ten dollars ($10) per guest, per visit, per hour will be charged for the use of indoor courts and a fee of four dollars ($4) per guest, per visit, per hour will be charged for the use of outdoor courts.

719.8 Membership fees are nonrefundable. However, within one hundred eighty (180) days of the purchase of membership, a member may transfer their membership to another individual or organization subject to a fifty dollars ($50) transfer fee to be assessed at the time of the transfer.

719.9 Members may reserve court time up to three (3) days in advance. Cancellations must be made at least twenty-four (24) hours prior to playing time or the amount of court fees will be billed to the member who reserved the court time.

719.10 Contract packages for the use of indoor tennis courts are available for purchase during the times that the courts are not reserved for District youth. Contract time is based on one (1) hour per week of use. Contract time is to be paid in full at the signing of the contract and is non-refundable. The fees for contract packages are as follows:

(a) The fees for contract packages for the forty (40) week season from September 1 through April 30 are as follows:

Day

Time

D.C. Resident

Non-Resident

Members

Members

Off Peak

Early Bird

6 am – 9 am

Monday - Friday

7 am - 4 pm

$800

$1,100

Saturday - Sunday

7 pm - 10 pm

$950

$1,930

Holidays

2 pm - 7 pm

$750

$1,230

Peak

Monday - Friday

7 pm - 10 pm

$950

$325

Saturday - Sunday

7 am - 2 pm

$1,050

$1,350

Holidays

7 am - 2 pm

$1,050

$1,350

Holidays

7 pm - 10 pm

$1,050

$1,350

(b) The fees for contract packages for the twelve (12) week summer season from May 1 through August 31 are as follows:

Day

Time

D.C. Resident

Non-Resident

Members

Members

Off Peak

Monday - Friday

6 am - 9 am

$250

$325

Monday - Friday

10 pm - 11 pm

$250

$325

Saturday - Sunday

7 pm - 11 pm

$250

$325

Peak

Monday - Friday

6 am - 9 am

$275

$375

Monday - Friday

7 pm - 10 pm

$275

$375

Saturday - Sunday

6 am - 9 am

$275

$375

Holidays

7 am - 9 am

$275

$375

Holidays

7 pm - 10 pm

$275

$375

719.11 The purchase of a contract package by either a District resident or a non-District resident does not entitle the patron to the amenities provided with the purchase of membership fees set forth in Subsection 719.4.

719.12 The hours not covered in the foregoing schedules are reserved for free use by District youth.

719.13 Outdoor tennis courts are as follows:

(a) Members: six dollars ($6) per hour

(b) Non-members: ($10) per hour

719.14 Members may purchase additional time on both indoor and outdoor courts in hourly increments.

719.15 The fees for private instruction/professional lessons are as follows:

Director of Tennis

$85 per hour

Semi-Private

$95 per hour

Assistant Director of Tennis

$65 per hour

Semi-Private

$75 per hour

Head Pro

$75 per hour

Semi-Private

$85 per hour

Staff Pros

$65 per hour

Semi-Private

$75 per hour

719.16 Members may purchase a package of six (6) individual lessons taught by Staff Pro(s) for one hundred and thirty dollars ($130).

719.17 Group tennis fees are as follows:

Cardio Tennis

Price: Twenty five dollars ($25) per class; must sign up twenty-four (24) hours before scheduled class time

Beginner Tennis

Price: Three hundred and twenty five dollars ($325) member/four hundred dollars ($400) non-member for a ten (10) week session; fifteen dollars ($15) member/twenty ($20) non-member for drop-in play

Advanced Tennis

Price: Three hundred and twenty five dollars ($325) member/four hundred dollars ($400) non-members for 10 week sessions; fifteen dollars ($15) member/twenty dollars ($20) non-member for drop-in play

Senior Class

Price: One hundred dollars ($100) for a ten (10) week session; fifteen dollars ($15) for District resident member/twenty one dollars ($21) non District resident non-member for drop-in play

Early Bird Special

Court Time: Monday through Friday 6:00 AM-9:00 AM and Saturday 6:00 AM- 8:00 AM

Price: Twenty dollars ($20) per hour for drop-in play

History

• SOURCE: Final Rulemaking published at 49 DCR 2479 (March 15, 2002); as amended by Final Rulemaking published at 63 DCR 8248 (June 10, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 719

19 DCMR § 720 SUPPORT FOR PARKS, FACILITIES, RECREATIONAL ACTIVITIES, AND EVENTS

720.1 No individual or group shall provide support for Department programs, parks, or facilities without first entering into a written agreement with the Department under one (1) of the following categories:

Programmatic Partnerships;

Friends of Partnerships;

Adopt-A-Park;

Sponsor-A-Park;

Sponsorships; or

Donations.

720.2 To enter into an agreement under Subsections 720.1(a) through (e), an interested party shall first submit a written proposal to the Department. To enter into an agreement under Subsection 720.1(f), interested parties shall first complete a donation form.

720.3 The following criteria may be considered to review a proposal and determine whether an application will be offered:

Value of the service or goods: twenty percent (20%);

Need for the service or goods: twenty percent (20%);

Sponsor organization’s nexus to the mission of the Department: twenty percent (20%);

Sponsor organization’s demonstration of a unique method, approach, or concept: twenty percent (20%); and

Other factors the Department deems appropriate and reasonable: twenty percent (20%).

720.4 Following the review of a proposal, the Department may offer the interested party an opportunity to apply for a category that the Department deems appropriate. Failure to provide all of the requested information in the application form shall result in the denial of the application.

720.5 An offer of a donation must not include any expectation of a current or future benefit or consideration in exchange for the donation. A donation may be accepted if it does not create an actual or perceived conflict of interest with the District on the part of the donor.

720.6 Acceptance of a donation will be determined by the District of Columbia Office of Partnerships and Grant Services.

720.7 Unsolicited sponsorship proposals shall become the property of the Department.

720.8 All written agreements that involve entrance onto Department properties to make improvements shall also be subject to the requirements of the Department of General Services for entry, use, or improvement of property under all applicable laws of the District.

720.9 Department property may be used for fundraising by Friends’ Groups or Designated Organizations.

720.10 Before any fundraising activity is permitted, the group shall submit a written proposal including a plan for the use of space, estimated costs, proposed net earnings, a summary of the fundraising event or activities, including any advertising, sponsorships, the property requested, and a description of any proposed food or drink sales. The proposal shall also specify the proposed use of any funds raised. The Department may deny a proposal for a fundraiser if the Department deems the proposal insufficient as to the manner that the funds are collected and safeguarded or if the fundraiser does not align with the written agreement of the group.

720.11 All funds raised shall be managed by the group in a dedicated bank account for the benefit of the Department except that any reasonable costs of the fundraiser listed in the fundraising proposal approved by the Department may be deducted from the funds raised.

720.12 The group shall provide a written report of all income and expenses from the fundraiser to the Department within a time designated by the Department.

720.13 Fundraisers by for-profit groups shall be limited to groups with written sponsorship agreements with the Department and all funds raised shall be for the benefit of the Department.

720.14 All maintenance and beautification work authorized by this section shall be performed in a manner that will not adversely affect the public health, safety, or comfort.

720.15 An improvement made to a park, playground, recreation center, or other facility by a private person or organization under this section shall become the property of the District government.

720.16 The District government reserves the right to remove any improvement made in its sole discretion.

History

• SOURCE: 15 DCRR § 5.1 (August 10, 1970 and December 23, 1970); as amended by Final Rulemaking published at 63 DCR 8248 (June 10, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 720

19 DCMR § 721 SPONSORED ACTIVITIES: FINANCIAL PROCEDURES

721.1 All financial procedures shall conform to the regulations prescribed by the Department.

721.2 The Organization to be sponsored shall submit to the Department a budget reflecting in detail the estimated expenses of the program.

721.3 Following approval of a budget by the Department, the Organization shall deposit with the Department a guarantee against any deficit that might arise in the conduct of the program. The amount of the guarantee deposit shall be fixed by the Department.

721.4 The guarantee deposit shall be made with the understanding that, if an activity ceases, the portion of the guarantee that has not been used to defray a deficit shall be refunded. However, if a program is continued and sufficient profit is derived from it to serve as a future guarantee against deficit, the original deposit shall be refunded.

721.5 All necessary properties, rentals, special services, and other items purchased or rented for use in the program shall be secured through the Department.

721.6 Any contractual or purchasing arrangement incident to sponsored activities shall be handled by the Department in accordance with regulations prescribed for its operation.

721.7 All admissions and receipts from activities become and remain the property of the Department, and the Organization shall be held strictly accountable for admission tickets and for deposit of all admission fees and receipts with the Department upon completion of the program.

History

• SOURCE: 15 DCRR § 5.2 (August 10, 1970 and December 23, 1970).

19 DCMR § 722 SPONSORED ACTIVITIES: ASSISTANCE AVAILABLE

722.1 When sponsorship is extended by the Department, assistance shall be given by the Department in the following ways:

(a) Issue permit for facilities for rehearsal and for public presentation of the program in the public schools or other facilities available to the Department;

(b) Provide such custodial and supervisory services within its resources as may be agreed upon between the Department and the Organization presenting the program;

(c) Contribute assistance by the Department staff in staging, lighting, decorations, and similar areas; and

(d) Handle all financial procedures through the Operations Division of the Department.

722.2 To ensure full cooperation between the Organization and the Department, and to avoid misunderstandings, a representative of the Department shall attend the business meetings of the advisory board of the Organization.

722.3 Copies of the minutes of business meetings shall be filed with the Department.

History

• SOURCE: 15 DCRR § 5.3 (August 10, 1970 and December 23, 1970).

19 DCMR § 723 RECREATIONAL ACTIVITIES

723.1 Registration for minors or youth participants shall require parental consent, waivers of liability, and a signed acknowledgement of the code of conduct.

723.2 Recreational activities may be restricted by appropriate age, skill, or other reasonable and necessary considerations within the laws of the District.

723.3 Participants with disabilities in need of reasonable modifications to participate in recreational activities offered by the Department shall request such modifications at least ten (10) business days before the start of the recreational activity. Late requests may be considered by the Department. Modifications will be considered on a case-by-case basis.

723.4 Registration for recreational activities may be reserved for District residents on a first-come-first-served basis.

723.5 Non-District residents may be placed on a first-come-first-served waitlist or subject to delayed registration periods.

History

• SOURCE: Final Rulemaking published at 63 DCR 8248 (June 10, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 723

19 DCMR § 724 RESIDENCY

724.1 Applicants for permits and registrants for recreational activities may be asked to provide proof of identity and residency before any permitted use or participation in recreational activities is allowed.

724.2 If an applicant is a league, club, organization, or other group, it must demonstrate that the applicant is a District resident or incorporated in the District and that at least seventy-five percent (75%) of the participants are District residents to be considered a resident.

724.3 To demonstrate residency of seventy-five percent (75%) of a league, club, organization, or other group, the Department may seek rosters including school enrollment and address information, and/or sworn statements that a participant is a resident or that at least seventy five percent (75%) of the group are residents.

724.4 District residency may be established by one (1) of the following methods:

(a) Proof of payment of District personal income tax, for the tax period immediately preceding the time for consideration of District residency;

(b) A pay stub issued less than forty-five (45) days prior to consideration of residency that shows his or her District residency and evidence of the withholding of District income tax;

(c) Current documentation of financial assistance received from the District government including, but not limited to Temporary Assistance for Needy Families (TANF), Medicaid, the State Child Health Insurance Program (SCHIP), Supplemental Security Income (SSI), housing assistance, or other government programs;

(d) Confirmation, based upon completion and submission of a tax information authorization waiver by the District Office of Tax and Revenue of payment of District income taxes;

(e) Current official military housing orders showing residency in the District;

(f) A currently valid court order indicating the applicant or person seeking to participate is a ward of the District;

(g) A current motor vehicle registration evidencing District residency;

(h) A valid unexpired lease or rental agreement and paid receipts or canceled checks (for a period within two (2) months immediately preceding consideration of residency) for payment of rent on a District residence;

(i) A valid unexpired District motor vehicle operator's permit or other official non-driver identification; or

(j) Utility bills (excluding telephone bills) and paid receipts or cancelled checks for payment of utility bills from a period within the two (2) months immediately preceding consideration of residency.

724.5 The Department requires that an applicant for a permitted use or a program registrant, or custodial parent or primary caregiver of a youth, who claims residency in the District, to make a sworn written statement that they are in fact a District resident and meet the residency requirements in this chapter.

724.6 Denial or revocation of a permit or registration in a recreational activity may result for failure to provide the requested information or for providing false information.

History

• SOURCE: Final Rulemaking published at 63 DCR 8248 (June 10, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 724

19 DCMR § 725 PERMITS

725.1 The Department’s mission is to provide activities, programs, and recreational opportunities to enhance the quality of life and wellness for District residents. The purpose of this Section is to establish permit rules for the public use of the Department’s recreational facilities and equipment.

725.2 The Director of the Department, in his or her discretion, may issue permits for public use of all facilities and equipment under the Department's jurisdiction. All permits are subject to space and time availability. In accordance with Section 717, the Department will ensure fair and equitable access to the Department’s facilities, equipment and recreational activities with a preference toward activities benefiting District residents.

725.3 Any member of the public who is interested in reserving Department property or equipment shall obtain a permit from the Department. A permit is required for any organized activity that involves members of a league, an organized program, an activity on Department property involving more than ten (10) people, any adult word-of-mouth pick-up games that occur on more than one occasion around the same place and time, and for the use of Department equipment. Failure to obtain a permit as required by this section shall result in the denial of the use of the facility or equipment and may result in civil fines, barring, or imprisonment.

725.4 If an applicant for a permit is charging fees to participant(s) or spectators for athletic play, classes, camps, lectures, conferences, or programs, or if an applicant is operating a special event or market pursuant to Section 729, then an additional fee-based use permit is also required for one (1) or more participants.

725.5 Individual vendors selling goods are only required to have a fee-based use permit.

725.6 Uses requiring either a permit or fee-based use permit, or both, are referred to as a “permitted use(s)”.

725.7 Applications for one (1)-time permitted uses are due thirty (30) calendar days before the date of use.

725.8 Applications for seasonal permitted uses of athletic fields or courts are due two (2) times a year. A seasonal permitted use may not be requested for a period longer than sixteen (16) weeks. The deadlines will be set by the Department on an annual basis but no later than January 15 for the spring/summer seasons and July 15 for the fall season. Permit fees will be applied in accordance with Section 716.

725.9 Untimely applications may be accepted at the discretion of the Department for good cause. However, if the permitted use has already been designated to another group, then the application for that use will not be accepted unless the parties consent in writing.

725.10 Applications for use of property or equipment shall be available online through the Department’s website in a form prescribed by the Department. Failure to provide all of the requested information in the application form shall result in the denial of the application.

725.11 Permitted uses may be granted if the permitted activity meets the mission of the Department and will not adversely impact the use and enjoyment by the public. The risk of damage or loss of the equipment may be considered when reviewing an application for use of equipment.

725.12 All applications shall indicate the total number of hours needed by providing a written schedule of use. The time requested must include hours to set up and clean up, rake and spray fields, remove equipment, and disperse participants.

725.13 No individual applicant shall apply on behalf of a group or another individual for the purpose of securing a discount or preference for priority of use.

725.14 Except for seasonal permits, the Department will notify an applicant in writing of the approval or denial of the permit within seven (7) business days. Applicants for seasonal permits will be notified of whether their permitted use is granted within twenty-one (21) business days after the close of the application window. Notwithstanding the time periods above, use of the Department’s facilities or equipment is not approved until the applicant receives the permit.

725.15 The Department will publish on its website and any relevant printed publications, such as seasonal guides, registration information and/or admission fees and information regarding refunds for recreational activities for District residents and non-District residents.

725.16 Permitted users and program participants shall provide written acknowledgement in the application of the following rules and restrictions:

Permitted users and program participants operate at their own risk and the Department is not responsible for any loss or injury occurring during the permitted use event.

Permitted users and program participants are prohibited from using the Department’s property or equipment for any unauthorized or illegal purpose, and the Department has a right to terminate the permit if the activity exceeds the scope of the permit, and to recover costs to the government associated with any misuse of property under the issued permit.

Permitted users with over twenty-five (25) participants must agree to remove their own trash and recyclables, and to appropriately dispose of such trash and recyclables, after the permitted use.

No equipment shall be taken or used off Department property.

725.17 The Department may deny permitted uses or impose conditions limiting an activity or location or requiring insurance and/or advisory neighborhood commission approval, to ensure participant health, welfare, or safety, or for the preservation of Department property or equipment.

725.18 To ensure participant health, welfare, and safety or for the preservation of Department property or equipment permits will be denied for carnivals, concerts, petting zoos, use of metal detectors, flying drones or hobbyist aircraft, use of equipment or vehicles that the Department deems heavy or loud, installing structures, extreme sports, paintball, fires, or firework displays. Geocaching may be allowed upon approval of a written request to the Department.

725.19 The Department may limit permitted uses or recreational activities during inclement weather conditions for the protection of an area or facility. The Department will post notice of changes in use or limits due to inclement weather or other emergencies.

725.20 If the Department revokes a permit or fee-based use permit for weather conditions or other emergencies, the Department may attempt to relocate the permitted user or return a pro-rata share or total fees paid minus any actual costs for setting up equipment.

725.21 The Department shall not allow permitted uses for health or medical procedures normally provided by licensed professionals unless the applicant provides a letter of support from the District agency that oversees the licensure of such activities.

725.22 If the Department determines that a permit applicant or program participant operated in past violation of these regulations then the Department may consider these facts as a basis for denying a permit or registration for six (6) months from the date the Department provided notice of any findings to the applicant or participant.

725.23 The Department may deny, revoke, or modify a permitted use or participation in an activity if the applicant provided false information regarding residency or use, or if the applicant or registrant fails to follow the requirements in this chapter.

725.24 Refunds for permitted uses will be provided for cancellations, less any actual costs to the Department. Requests for refunds must be made at least thirty (30) days before the start of the use. Cancellations within thirty (30) days will be refunded the deposit only. Refunds will be processed by the Department within five (5) business days of the cancellation.

725.25 An applicant may request reconsideration by the Director of a denial, modification, or revocation of a permitted use or refund within five (5) days after the date of the denial, modification, or revocation or refund. The applicant’s request for reconsideration shall be in writing.

725.26 The Director, or the Director’s designee, shall review the request and make a final determination within five (5) business days after receipt of the request. The Director shall determine whether the decision by the Department was made based upon a reasonable determination and consideration of the facts by the Department and whether the decision by the Department was consistent with the rules in this Chapter and other applicable law or regulations.

725.27 Upon reconsideration, the Director or the Director’s designee may offer any reasonable relief in the discretion of the Department. If the Director does not grant the relief requested, he or she shall provide a written explanation of the reasons for the action of the Department.

725.28 Reconsideration shall be limited to a review of the record already before the Department including rosters, schedules, verifications, applications, and statements available or offered to the Department.

History

• SOURCE: 15 DCRR § 5.1 (August 10, 1970 and December 23, 1970); as amended by Final Rulemaking published at 63 DCR 8248 (June 10, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 725

19 DCMR § 726 PERMITS FOR PICNIC GROVES AND ATHLETIC ACTIVITIES

726.1 The permit and special services section is responsible for issuing permits for the use of picnic groves, tennis courts, football fields, softball and baseball diamonds, and other outdoor facilities.

726.2 Blanket permits shall not be issued to outside organizations for picnic groves, ball diamonds, and football fields, except by authority of the Director of the Department of Parks and Recreation.

726.3 The use of alcoholic beverages in any form shall not be permitted within the parks or playgrounds.

726.4 No sales shall be made, nor shall any contributions or subscriptions be solicited, within the parks or playgrounds, except as authorized by the Director of the Department of Parks and Recreation.

History

• SOURCE: 15 DCRR § 6.2 (August 10, 1970 and December 23, 1970).

19 DCMR § 727 FREE MEETINGS FOR P.T.A., CIVIC, AND CITIZEN GROUPS

727.1 Permits for special uses of school facilities and of field houses shall be issued to recognized organizations for regular meetings and specific activities in accordance with regulations agreed upon by the Department, the Board of Education, the National Capital Parks Office, and the housing authorities.

727.2 The Department shall annually defray the expense of custodial services for evening business meetings in school or recreation buildings or field houses not to exceed eight (8) citizens or civic organizations, and four (4) for a parent-teacher association.

History

• SOURCE: 15 DCRR § 6.3 (August 10, 1970 and December 23, 1970).

19 DCMR § 728 RESPONSIBILITY FOR USE OF FACILITIES AND EQUIPMENT

728.1 An organization or individual to whom a permit is issued for the use of a facility shall exercise the utmost care of public property and make good any damage that may arise from the use.

728.2 The permit and special services section shall be responsible for the loan of athletic equipment, costumes, and song sheets, and for other special services to organizations and groups.

History

• SOURCE: 15 DCRR §§ 6.4 and 6.5 (August 10, 1970 and December 23, 1970).

19 DCMR § 729 COMMERCIAL ACTIVITIES FOR THE SALE OF GOODS

729.1 The Department may issue fee-based use permits for the sale of goods on its property to individual vendors or market operators in accordance with Section 725 of this chapter. The Department will issue fee-based use permits in its discretion if the applicant’s use aligns with the mission of the Department and if the activity will not interfere with the use and enjoyment of the area by other members of the public.

729.2 An individual vendor may apply for a fee-based use permit. The Department may grant more than one (1) permit for the same time and space to individual vendors or prohibit a permit for a particular space or limit a space to one (1) permit. Upon expiration of a fee-based use permit, the Department may consider a different individual vendor for the same space or create a waitlist of individual vendors.

729.3 Market operators may provide for the sale of goods through a market with multiple individual vendors, or they may organize a special event for which individual vendors operate as part of the event.

729.4 Market operators may apply for a fee-based use permit by submitting a written proposal including plans for admission fees, signage, and advertising. The proposal shall also include the estimated number of vendors, types of items to be sold, a footprint map of the proposed use of the area, a security plan, or emergency medical plans being provided during the duration of the event, hours of operation, and a description of how the trash will be removed and/or recycled.

729.5 When applying for a market operator fee-based use permit the Department may require the following conditions to be met before the permit is issued:

A cleaning and/or security deposit of forth percent (40%) of the total fees;

Comprehensive commercial general liability insurance with coverage on an “occurrence” basis of at least one million dollars ($1,000,000);

A propane permit issued by the Fire and Emergency Medical Services Department; and

A letter of support from the appropriate Advisory Neighborhood Commission.

729.6 A market operator shall ensure that all participating vendors selling food shall provide proof to the Department of applicable licenses and/or permits from the District Department of Health and Department of Consumer and Regulatory Affairs or other applicable agencies.

729.7 Market operators shall provide a written report of all food and beverage and other sales to the Department within thirty (30) days after the event. The report shall summarize gross income of the participating vendor(s).

729.8 Any sale of food and beverages by individual vendors or market operators shall comply with applicable licensing requirements and the nutritional requirements set forth in Section 3b of the Recreation Act of 1994, effective April 23, 2013 (D.C. Law 10-246; D.C. Official Code § 10-302.02).

History

• SOURCE: 15 DCRR § 6.6 (August 10, 1970 and December 23, 1970); as amended by the Healthy Schools Act of 2010, effective July 27, 2010 (D.C. Law 18-209; 57 DCR 7548 (August 20, 2010)); as amended by Final Rulemaking published at 63 DCR 8248 (June 10, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 729

19 DCMR § 730 STATEMENT OF PURPOSE

730.1 The District of Columbia's Department of Parks and Recreation herein provides guidelines and rules for the application, development and operation of neighborhood fenced-in, off-leash dog parks

730.2 In October 2005, the Council of the District of Columbia unanimously passed legislation amending the Animal Control Act of 1979, effective October 18, 1979 (D.C. Law 3-30; D.C. Official Code 8-1801 et seq.)(2001) which authorized the Mayor to create fenced-in, off-leash dog parks. The Council recognized that a significant and growing portion of residents needed safe places to recreate and exercise together with their dogs. The creation of dog parks in the District of Columbia requires a certain degree of flexibility, due to the density of buildings as well as the scarcity of District-owned parkland. Successful dog parks require partnerships with the community that enhance and protect the character of the neighborhood and accommodate changing needs.

History

• SOURCE: Final Rulemaking published at 54 DCR 11714 (December 7, 2007).

19 DCMR § 731 DOG PARKS: GENERAL PROVISIONS

731.1 The Director may establish and maintain areas on District-owned parkland designated for use as dog parks.

731.2 No person shall establish a dog park or charge a fee for use of a dog park on District-owned property without prior approval from the Department.

731.3 No person shall use a dog park for any commercial purpose, however this provision does not apply to dog walkers handling 3 or less registered dogs.

731.4 A dog park shall be open seven (7) days per week during the posted hours for any Department park, except as provided by section 731.5.

731.5 A dog park with lighting shall not remain open later than 10 p.m.

731.6 The Director shall post a notice of a planned dog park closing at each entrance not less than seven (7) days before the period of closure, stating the reasons for the closure. In the case of an emergency, the Director shall post a notice as soon as practicable, and the notice shall state that closure is for emergency reasons.

731.7 All dog parks shall be enclosed by appropriate fencing that is at least five (5) feet in height and includes a double-gated entryway area.

731.8 All handlers use dog parks at their own risk. Neither the District of Columbia or its agencies nor the sponsoring dog park group shall be liable for any injury or damage caused in the dog park.

History

• SOURCE: Final Rulemaking published at 54 DCR 11714 (December 7, 2007).

19 DCMR § 732 DOG PARKS: APPLICATION PROCESS

732.1 Each dog park shall be sponsored by a dog park group, which shall share responsibilities with the Department for the maintenance, management and enforcement of the site. The dog park group must designate one bona fide District resident to act as primary contact with the Department.

732.2 A dog park group shall contact the Department regarding a proposed location for a dog park, and the Department shall conduct a preliminary review to determine ownership of the proposed site.

732.3 After the Department determines that the proposed dog park is available District-owned parkland, the sponsoring group must submit a formal proposal to the Department stating the reasons for establishing a dog park in the neighborhood. The application shall include letters and/or petitions of support from adjoining Advisory Neighborhood Commissions (ANCs) or other individuals and entities.

732.4 All applications for dog parks shall be noticed in the D.C. Register for a 30 day public comment period and reviewed by a standing committee appointed by the Director, the Dog Park Application Review Committee (DPARC), comprised of the following: (1) the Director or his or her designee from the Department; (2) a representative from the Department of the Environment; (3) a representative from the Department of Health/Animal Control Division; (4) a veterinarian active in canine health in the District of Columbia or a recognized canine behaviorist; (5) a representative from a recognized animal shelter or animal welfare organization located within the District of Columbia; and (6) four representatives from the community, two of whom shall be from sponsoring dog park groups of existing or potential dog parks. Non-agency members of DPARC are appointed by the Director with input from sponsoring dog park groups. DPARC members are not paid and shall serve for two years, but may be reappointed.

732.5 The DPARC shall review and evaluate all applications and make recommendations in writing to the Director within thirty (30) days of the submission of the application. The Director shall consider the application, DPARC recommendation and comments received during the 30 day comment period and respond in writing to the applicant and appropriate ANC within thirty (30) days of receiving the recommendation.

732.6 The Department has three courses of action concerning the review and evaluation of applications It may:

(a) Accept the application as submitted;

(b) Accept the application provisionally based on modifications to be made; or

(c) Reject the proposal with a detailed explanation.

732.7 If an application is rejected, the dog park group may re-apply to mitigate any defects in the application. If the application is rejected again, the Department may provide assistance in finding suitable alternatives.

732.8 If an application is accepted, the Department and the dog park group shall enter into a Memorandum of Agreement (MOA) regarding financing, roles and responsibilities with respect to the dog park. The Department shall have primary financial responsibility for constructing and maintaining the park, and the dog park group shall have primary responsibility for daily management of the park.

History

• SOURCE: Final Rulemaking published at 54 DCR 11714 (December 7, 2007).

19 DCMR § 733 DOG PARKS: SITE GUIDELINES AND SPECIFICATIONS

733.1 A dog park shall be no less than five thousand square feet (5,000 sq. ft.) in area where feasible, unless parkland availability in certain neighborhoods precludes meeting this guideline. Triangle parks or other areas of less than five thousand square feet (5,000 sq. ft.) may be considered.

733.2 Best management practices shall be implemented wherever feasible to preserve the surrounding environment. A dog park shall be established according to the following environmental guidelines:

(a) A dog park shall be located on well-drained land to prevent soil erosion with a maximum slope of 20%;

(b) A dog park shall sit at least 50 feet from surface waters that drain into the Potomac and Anacostia Rivers and Rock Creek;

(c) A dog park shall be located near a water supply line for drinking-fountain and maintenance purposes; and

(d) A dog park shall have a surface type that allows for positive drainage away from the site and that helps mitigate waste management issues.

733.3 A dog park shall comply with all codes and regulations as they apply to the Americans with Disabilities Act of 1990, the Clean Water Act (Federal Water Pollution Control Act of 1972), the D.C. Water Pollution Control Act of 1984, and DPR Standards.

733.4 A dog park shall be established on under-utilized land where possible. If such land is not available in a neighborhood where there is a demonstrated need for a dog park, the Director may consider other options about park space, including but not limited to time-sharing arrangements with other park users.

733.5 The Director shall not approve sites deemed unsuitable for dog parks, which shall be determined on a case-by case basis and may include:

(a) Areas designated specifically as playgrounds or children's play areas;

(b) Athletic fields and courts;

(c) Sensitive habitat areas or wildlife areas determined by the District Department of the Environment (DDOE); and

(d) Areas directly upslope from a community garden.

733.6 Each dog park shall have permanent signs, posted in English and Spanish, stating the hours of operation, rules, and regulations for the dog park, and contact information for the Department.

History

• SOURCE: Final Rulemaking published at 54 DCR 11714 (December 7, 2007).

19 DCMR § 734 DOG PARKS: COMPLAINTS AND ENFORCEMENT

734.1 All complaints or concerns regarding a specific dog park shall be directed to the sponsoring dog park group for resolution. If, after thirty (30) days, the complaint or concern has not been resolved satisfactorily by the sponsor, the complainant and sponsor shall meet with the Director or his or her designee to mediate a solution.

734.2 If the Department or the sponsoring dog park group determines that a dog park is not being managed or maintained properly, potential solutions shall be developed and agreed upon by all parties. Failure to implement the solutions may result in revocation of the dog park group's sponsorship and temporary or permanent closure of the dog park by the Director.

734.3 Sponsoring dog park groups are primarily responsible for enforcement of the operating rules, but may seek the assistance and authority of the Department or other appropriate agencies of the District of Columbia.

History

• SOURCE: Final Rulemaking published at 54 DCR 11714 (December 7, 2007).

19 DCMR § 735 DOG PARKS: OPERATING RULES

735.1 Each dog park shall have a carrying capacity of one dog per 450 square feet, and the number of dogs allowed in the dog park at any one time shall be posted. Handlers are expected to enforce the carrying capacity to prevent conflicts due to overcrowding and detriment to the environment. When carrying capacity is reached, handlers shall limit their stay to thirty (30) minutes when others are waiting.

735.2 Each handler shall comply with all animal control, dangerous dog and communicable disease laws and regulations before entering a dog exercise area with a dog.

735.3 A handler shall be sixteen (16) years of age or older.

735.4 A child under sixteen (16) years of age may enter a dog park only when accompanied and supervised by an adult.

735.5 A handler shall ensure that each dog within his or her control is wearing a current vaccination and registration tag in a dog park, as well as a current dog park registration tag obtained from the Department of Health Animal Control Division.

735.6 A handler shall leash each dog within his or her control until entering and upon exiting the dog park. To prevent conflicts, a handler shall keep his or her dog off-leash in the dog park, unless no other dogs are present.

735.7 A handler shall collect and bag all solid waste from his or her dog and dispose of it in the designated on-site receptacle in the dog park.

735.8 A handler shall accompany, maintain visual contact, and have voice control over his or her dog(s) at all times.

735.9 A handler shall not have more than three (3) dogs in a dog park at any one time.

735.10 A handler shall not have a dog that is less than four (4) months old in a dog park.

735.11 A handler shall not have a female dog that is in heat in the dog park.

735.12 A handler shall not use a spike or choke collar on a dog in the dog park.

735.13 A handler shall immediately leash and remove from a dog park his or her aggressive dog.

735.14 A handler shall not have a dog designated as a dangerous dog or a potentially dangerous dog in the dog park.

735.15 A handler shall control excessive barking.

735.16 A handler shall report all animal bites to the Department of Health within twenty-four (24) hours in accordance with communicable disease laws.

History

• SOURCE: Final Rulemaking published at 54 DCR 11714 (December 7, 2007).

19 DCMR § 799 DEFINITIONS

799.01 For the purposes of this chapter, the following terms and phrases shall have the meanings ascribed:

Adopt - to enter into a binding commitment to a program, site, or operation for not less than one (1) year in duration.

Adopt-a-Park Partners - individuals, corporate entities, or community-based organizations interested in providing regularly scheduled general cleanup, beautification, and maintenance assistance for a park.

Adult - a person between the ages of eighteen (18) and fifty-four (54) years.

Aggressive Dog - a dog whose behavior is characterized by unprovoked snarling, growling, or attack posture.

Applicant - a person, group, or organization seeking a permitted use of property of the Department.

Ball Field or Athletic Field - an outdoor space designated for athletic activities with grass or synthetic grounds that is not designated as open park space. These may include premier, non-premier, with or without lights, turf, natural, multi- or single purpose, common areas, shared control or use with schools, or seasonal spaces. Markings or fencing may or may not be present.

Club - a group of people organized for a particular purpose or activity.

Commercial Department Activities - may include, but are not limited to, use of Department property or equipment for participants that are charged fees for participation, registration, or both, or farmers’ markets, vendors, or food vendors.

Community Gardens or Gardens - land under the control of the Department that is designated to be gardened cooperatively by a group through a garden agreement.

Dangerous Dog - as defined in Section 2(1) of the Dangerous Dog Amendment Act of 1988, effective October 18, 1988 (D.C. Law 7-176; D.C. Official Code § 8-1901(1)), a dog that has bitten or attacked a person or domestic animal without provocation; or, in a menacing manner, approaches, without provocation, any person or domestic animal as if to attack, or has demonstrated a propensity to attack without provocation, or otherwise to endanger the safety of human beings or domestic animals.

DCSAA - the District of Columbia State Athletic Association

Department - the Department of Parks and Recreation.

Department Activity - an activity, event, class, program, operation, service, or product for the benefit, enjoyment, education, amusement, or convenience of the public.

Designated Area - a specific and distinct area of property that will be allowed for use under a permit or fee-based use permit.

Designated Organizations - entities designated by the Director pursuant to Section 3 of the Recreation Act of 1994, effective March 23, 1995 (D.C. Law 10-246; D.C. Official Code § 10-302).

Director - the Director of the Department of Parks and Recreation.

District - the District of Columbia.

District Sponsoring Organization - an entity located within the District, with a principal office or place of business within the District, that sponsors District youth in any legal activity, including but not limited to athletic, civic, religious, or social activities.

Dog Park - also known as a dog exercise area; area within District-owned property designated for dog exercise where dogs are allowed off-leash without being considered at-large.

Dog Park Group – a non-profit or community group, such as an official dog group, Park Partner, or Friends of Group, who applies to sponsor a dog park and shares responsibilities with the Department in park operations and management.

Dog Park Registration Tag - positive District government issued identification that must be worn at all times by each dog using a dog park.

Enforcement - activities required to ensure that the provisions this chapter, relevant laws, and the Department’s standards and policies are adhered to.

Enterprise Fund - the fund created by Sections 4 of the Recreation Act of 1994, effective March 23, 1995 (D.C. Law 10-246; D.C. Official Code § 10-303), for the collection of fees, concessions, and services and payments by developers seeking relief from zoning laws by way of the planned unit development process, considered part of the required community benefits package of the proposed planned unit development.

Equipment - timing systems, horn start systems, microphones, printers, water and polo nets, show mobiles, podiums, platforms, picnic ball bags, fun wagon, skate mobile, public address systems, and gardening tools.

Events/Special Events - parties, promotions, announcements, festivals, programs, competitions, or other one-time or intermittent activities that do not routinely take place as the regular activities of an individual or business or the Department.

Farmers’ Market – Department property designated in indoor or outdoor space where at least seventy five percent (75%) of the vendors are selling agricultural produce.

Fee-Based Use - a permitted use of Department property for which the permit holder charges persons a fee to participate in the use.

Fee-Based Use Permit - a permit issued by the Department to an applicant for a fee-based Department Activity.

Family Member – with respect to an individual:

(a) another individual who is related to the individual by blood, legal custody, or marriage;

(b) another individual who lives with the individual and for whom the individual permanently assumes and discharges parental responsibility; or

(c) another individual with whom the individual has shared, at a minimum of one (1) year from the date of the application, a mutual residence, and with whom the individual maintains a committed relationship.

Friends Of Group - an organization, qualified under Section 501(c)(3) of the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 501(c)(3)), and registered under the park partner program, whose mission includes supporting an adopted park or recreation facility by advocating, fundraising, maintaining, and assisting in the planning process for the park or recreation facility adopted, and has a valid Park Partner Agreement explaining the duties, rights, and obligations of the Friends Of Group.

Goods - a product, including food, sold for the convenience and enjoyment of the public.

Handler - a person in control of a dog who is personally and legally responsible for the dog at all times while using a dog park.

Income Eligible - able to show evidence of the entitlement to public assistance or free or reduced-price school lunch.

Indoor Courts - indoor space designated for tennis, basketball, racquetball, or other activities commonly played on a court.

Maintenance – with respect to a dog park, activities required to ensure that the dog park is in a state of repair and efficiency at all times as more clearly defined in the Department’s Dog Park Standards.

Market - a designated property for which an operator applies for a permitted use and where the sale of goods by vendors occurs.

Marketing advertising - includes hanging or adhering banners and signs for the sponsorship of teams, programs, and events on scoreboards, vending machines, and concession stands, or through other forms of promotion, marketing, and advertising.

Member/Membership - a person or organization that has paid the annual membership fee to the Department for a designated time period.

Park - space open to the public that is not designated as an athletic field.

Partner/Programmatic Partner/Park Partner/Collaborative Partner - includes a designated organization, friends group, or other group or agent that is recognized by the Department by a written partnership agreement.

Permit - permission designated for use of Department property for which the users do not pay for the activity organized under the permit.

Permitted Use - either a use requiring a permit or requiring a fee-based use permit or both.

Person - for purposes of this chapter may be a group or individual or applicant, generally.

Potentially Dangerous Dog - a dog that poses a threat to public safety by causing an injury to a person or domestic animal without provocation that is less severe than a serious injury, engaging in encouraged dog fighting, or running at large three (3) or more times within any twelve (12) month period.

Primary Use Intended For the Property - particular activity for which the use of a property is designated and is given priority for that activity.

Principally Serving the District of Columbia, Organization - an organization that has at least seventy-five percent (75%) of its participants live or work in the District.

Property - athletic fields, picnic shelters, community rooms, outdoor courts, parks, community gardens, and indoor recreation facilities including courts and swimming pools under the jurisdiction control or use of the Department.

Programs - activities that may include one (1)-time or intermittent use of a facility for fitness, aquatics, art, cultural, academic, or enrichment activities or uses that are part of a planned curriculum or certification, or from personal goals.

PTA and PTSO - Parent/Teacher Association or Parent/Teacher/Student Organization.

Recreational Activity - a Department activity not including permitted uses.

Resident - a person domiciled in the District as his or her primary residence.

Registrant - any person registering for a recreational activity.

Revenue Share Fees - fee-based use permit fees that are typically applied when a vendor selling goods seeks to sell goods for multiple days over the maximum allowable permit time.

Season or Seasonal Use - incremental time periods up to sixteen (16) weeks designated for permits or fee-based use permits that involve use over a period of time and not one (1)-time or incremental times designated for admission to facilities.

Senior Citizen - any person age fifty-five (55) years or over.

Sensitive Habitat Area - an area highly prone to erosion or the natural habitat of locally important, rare, threatened or endangered species of plan or wildlife as determined by the District Department of Energy and Environment (DOEE).

Small Business - an individually owned, operated and controlled business incorporated in the District.

Special Events - broad-based uses including but is not limited to festivals, private parties, holiday markets, social events, workshops, seminars, or other programs. Large special events include corporate activities like filming video for television, radio, or the like.

Special Event Operator - an applicant who applies for a permit to operate a special event. If the sale of goods is included in the event through vendors then the special event operator is a market operator.

Summer Youth Camp - activities planned by an applicant for youths for more than fifteen (15) hours per week during the period from June 15 through August 31 that may include instruction, classes, courses, athletics, art and cultural activities occurring Monday through Friday.

Southeast Tennis and Learning Center - the facility operated by the Department of Parks and Recreation located at 701 Mississippi Avenue, S.E., Washington, D.C., consisting of four (4) year-round indoor tennis courts, six (6) outdoor tennis courts, a weight/conditioning room, and a computer learning center primarily for youths participating in its tennis programs.

Sponsor - to pledge or promise support to a program, site, or operation on an intermittent, short-term, or one (1)-time basis. Unsolicited sponsorships are goods or services to support a Department program, site or operation given or supplied by sponsors seeking to assist the Department. Solicited sponsorships are goods or services sought by the Department to support a program, site, or operation.

Team - individuals grouped together to compete against another group within or outside of its league. If male teams compete separately from female teams then each group is considered a separate team for purposes of fees for fee-based use permits.

Vendor - a seller of goods. A vendor may be deemed by the Department as an individual, small business, or large corporation.

Youth - a person age seventeen (17) years or younger who resides within the District of Columbia.

History

• SOURCE: Final Rulemaking published 49 DCR 2479 (March 15, 2002); as amended by Final Rulemaking published at 54 DCR 11714(December 7, 2007); as amended by Final Rulemaking published at 63 DCR 8248 (June 10, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 799

19-8 PUBLIC LIBRARY

19 DCMR § 800 ELIGIBILITY FOR LIBRARY CARDS

800.1 Any person who lives, works, or attends school in the District, and the person’s spouse and minor children, are entitled to a free library card.

800.2 Persons who do not qualify for a free card, but who live in one (1) of the adjacent counties of Maryland and Virginia, are eligible for a card upon payment of an annual fee.

800.3 The annual fee for persons who do not qualify for a free card is twelve dollars ($12).

800.4 The card of a person who pays an annual fee for a library card may be used by any member of the person’s immediate family.

800.5 Visitors who intend to reside in the District for less than six (6) weeks are eligible for transient borrowing privileges upon presentation of adequate identification.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is An Act To establish and provide for the maintenance of a free public library and reading room in the District of Columbia, approved June 3, 1896, 29 Stat. 244; D.C. Code §§ 37-101 et seq. (1998 Repl.); D.C. Code § 39-105
• SOURCE: Final Rulemaking published at 27 DCRR § 1.1, 24 DCR 11011-13 (June 30, 1978).

19 DCMR § 801 USE OF LIBRARY CARDS

801.1 The library card may be used at the Martin Luther King Memorial Library (the central library), any branch library, and on bookmobiles.

801.2 The person to whom the card is issued is responsible for all use made of it.

801.3 Changes of address and lost or stolen cards shall be reported immediately.

801.4 A charge of one dollar ($1.00) shall be made to replace a lost library card.

History

• SOURCE: 27 DCRR § 1.2, 24 DCRR 11011, 11013-14 (June 30, 1978); as amended by 35 DCR 5584 (July 22, 1988).

19 DCMR § 802 CIRCULATION OF LIBRARY MATERIALS

802.1 The following lending periods shall apply to the circulation of library materials:

(a) Most library materials………………………………………………21 days

(b) High-demand library materials ......................................................... 7 days (with no renewal)

802.2 Books and other materials may be recharged to the same borrower for another loan period; providing, that the following conditions are met:

(a) The items were returned on time from the original loan period; and

(b) There are no reserve requests waiting.

802.3 All library materials may be returned to any D.C. Public Library branch with the exception of compact discs ("CDs") and digital video discs ("DVDs), which must be returned to the library location from which they were borrowed.

802.4 Teachers and licensed childcare providers may apply for the educator card to obtain children's library materials for instructional purposes.

802.5 Borrowers may not use the educator card to check out adult materials.

802.6 There is no charge to children for overdue library materials that were checked-out and returned to the library.

History

• SOURCE: 27 DCRR § 2.1, 24 DCR 11011, 11014 (June 30, 1978); as amended by Final Rulemaking published at 38 DCR 1011 (February 8, 1991);as amended by Final Rulemaking published at 51 DCR 2720 (March 12, 2004); as amended by Final Rulemaking published at 53 DCR 3269 (April 21, 2006).

19 DCMR § 803 FINES AND PENALTIES

803.1 There shall be no charge for overdue library items.

803.2 All borrowers, twenty (20) years of age and older, shall be assessed lost and damaged fees on all material types including children’s materials and books that are overdue sixty (60) days or more, as follows:

Hardcover Books; and $ 20.00

Paperback Books, CDs, and DVDs $ 15.00

803.3 Adult borrowers, twenty (20) years of age and older, of materials and books are responsible for the payment of both lost and damaged fees.

803.4 Adult borrowers twenty (20) years of age and older who incur outstanding fees totaling forty dollars ($ 40.00) or more on their library account will be blocked from checking-out or renewing books and other library materials, until the account is in good standing.

803.5 The librarian or designee can at his/her discretion forgive lost or damaged fees for library materials. This option can be utilized when the borrower provides reasons such as: hospitalization, death in family, incarceration, fire, flood, or other catastrophic personal hardship.

History

• SOURCE: 27 DCR § 2.2, 27 DCR 4016 (September 12, 1980); incorporating by reference the text of Proposed Rulemaking published at 27 DCR 3255 (July 25, 1980); as amended by Final Rulemaking published at 38 DCR 1011-1012 (February 8, 1991); as amended by Final Rulemaking published at 40 DCR 7293 (October 15, 1993); as amended by Final Rulemaking published at 53 DCR 3270-3272 (April 21,2006); as amended by Final Rulemaking published at 59 DCR 2710 (April 6, 2012); as amended by Final Rulemaking published at 62 DCR 10689 (August 7, 2015); as amended by Final Rulemaking published at 67 DCR 9083 (July 24, 2020). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 803

19 DCMR § 804 NON-RECIPROCAL FEES

804.1 An annual fee of $20.00 will be charged for a library card for customers who do not reside in the District of Columbia or the following surrounding areas: Maryland: Montgomery or Prince Georges County; Virginia: Arlington, Fairfax, Loudoun, Prince William County, Alexandria and Falls Church County's.

804.2 The non-reciprocal fee shall be refunded to the out-of-state borrower if the borrower returns all items and the temporary library card within ninety (90) days.

History

• SOURCE: Final Rulemaking published at 31 DCR 2976 (June 15, 1984); as amended by Final Rulemaking published at 33 DCR 6193 (October 10, 1986); and 38 DCR 1011,1012 (February 8, 1991); as amended by Final Rulemaking published at 53 DCR 3272 (April 21, 2006).

19 DCMR § 805 USE OF MEETING ROOMS: MARTIN LUTHER KING MEMORIAL LIBRARY

805.1 Meeting rooms shall be open for use by private groups and individuals for as wide a range of civic, educational, political, and cultural discussions and activities as possible, consistent with the requirements of this section.

805.2 Use of facilities shall be at times and under circumstances that do not adversely affect public library needs and services.

805.3 Meeting rooms shall not be used for personal or commercial interests.

805.4 A series of meetings shall be approved on a three (3) month basis only.

805.5 The public library reserves the right to change or cancel reservations in the event of emergencies.

805.6 The public library reserves the right to cancel meeting-room privileges if library property is not cared for properly.

805.7 Food is not permitted in meeting rooms unless there is prior authorization. Drinking with covered cups is allowed in all meeting rooms.

805.8 Meetings shall be conducted in an orderly manner, disturbance of others using the same building shall be avoided, all public safety regulations shall be observed, and each group shall be fully responsible for all damage to library property occasioned by its use of the facility.

805.9 Meetings shall be open to the general public, and admission to the meetings shall be free of charge.

805.10 No regular classroom meetings shall be permitted.

805.11 No collection of funds or any other thing of value shall be made during any gathering.

805.12 Meeting rooms may be used during regularly established library hours.

805.13 [REPEALED].

805.14 [REPEALED].

805.15 [REPEALED].

805.16 [REPEALED].

805.17 [REPEALED].

805.18 [REPEALED].

805.19 The number attending a meeting at one time may not exceed the seating capacity of the room as established by the D.C. Fire Marshal.

805.20 The room capacities are as follows:

(a) Room A-3 = 5-35 persons

(b) Room A-5 = 50-250 persons

(c) Room A-9 = 10-40 persons

(d) Room A-10 = 25-60 persons

(e) Room 221 = 4-15 persons

805.21 Tipping of library employees is not permitted.

805.22 Reservations should be made online at dclibrary.org/services/instructions. A library card is required to make a reservation. Customers who need of guidance with the online reservation process may contact the Public Services Office at 202-727-1221.

805.23 If refreshments are served in Room A-5, then the area shall be cleaned up before leaving.

805.24 All clean-up shall be completed by the time the library closes.

805.25 The library provides a listing of meetings, locations, and times of meetings in the Great Hall. No other signs shall be permitted.

805.26 The Book Information Desk (727-1111) shall be notified of all meeting cancellations.

805.27 All private groups and individuals are eligible to use the library meeting rooms; provided, that all the requirements of this section shall be observed.

History

• SOURCE: 27 DCRR § 3.1, 24 DCR 11011, 11015-17 (June 30, 1978); as amended by Final Rulemaking published at 56 DCR 8977 (November 20, 2009); as amended by Final Rulemaking published at 62 DCR 2010 (February 13, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 805

19 DCMR § 806 USE OF MEETING ROOMS IN THE D.C. PUBLIC LIBRARY BRANCHES

806.1 Meeting rooms shall be open for use by private groups and individuals for as wide a range of civic, educational, political, and cultural discussions and activities as possible, consistent with the provisions of this section.

806.2 Use of facilities shall be at times and under circumstances that do not adversely affect public library needs and services.

806.3 Meeting rooms shall not be used for personal or commercial interests.

806.4 A series of meetings shall be approved on a three (3) month basis only.

806.5 The public library reserves the right to change or cancel reservations in the event of emergencies.

806.6 The public library reserves the right to cancel meeting-room privileges if library property is not cared for properly.

806.7 There shall be no charge for meetings.

806.8 Meetings shall be conducted in a orderly manner, disturbances of others using the same building shall be avoided, all public safety regulations shall be observed, and the group shall be fully responsible for all damage to library property occasioned by its use of the facility.

806.9 Meetings shall be open to the general public, and admission to the meetings shall be free of charge.

806.10 No regular classroom meetings shall be permitted.

806.11 No collection of funds or any other thing of value shall be made during any gathering.

806.12 All members of the organization and the audience shall leave the building by the time specified by the library.

806.13 A count of the number of people present at the meeting shall be left with the building engineer.

806.14 If audio-visual equipment is to be used, a separate application form shall be signed in duplicate in advance of the meeting.

806.15 The number attending a meeting a one time shall not exceed the capacity of the room as established by the fire marshal.

806.16 Tipping of library employees is not permitted.

806.17 All private groups and individuals are eligible to use library meeting rooms; provided, that all requirements and restrictions set forth in this chapter are observed.

History

• SOURCE: 27 DCRR § 3.2, 30 DCR 11011, 11015-17 (June 30, 1978).

19 DCMR § 807 FUND RAISING ACTIVITIES ON LIBRARY PREMISES

807.1 Library buildings and grounds shall not be used for any commercial, profit- making, fund raising, or other solicitation by any agency, individual, or organization, except as specifically provided otherwise in this section.

807.2 Library buildings and grounds may be used for fund-raising activities by the library and related library support organizations.

807.3 The following library-related organizations shall be allowed to use library buildings and grounds for fund-raising purposes:

(a) Friends of the library groups;

(b) Library advocacy groups, such as the citizens advocates for libraries and the D.C. Library Association; and

(c) D.C. Public Library Foundation.

807.4 Fund-raising activities by other organizations may be permitted use of library buildings and grounds upon the written recommendation of the Director of the Public Library (also referred to in this chapter as the “Director”) and the approval of the Board of Library Trustees.

807.5 Requests for fund-raising activities shall be submitted in writing to the director.

History

• SOURCE: 27 DCRR §§ 4.1-4.4, 29 DCR 816 (February 19, 1982); as amended by Final Rulemaking published at 62 DCR 2012 (February 13, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 807

19 DCMR § 808 NAMING OF PUBLIC LIBRARY BUILDINGS

808.1 Library buildings shall be named by action of the Board of Library Trustees upon the written recommendation of the Director of the Public Library.

808.2 No library building shall be named in honor of any living persons.

808.3 No library building shall be named in honor of any deceased person until at least two (2) years after that person’s death.

808.4 The official name of a library building that is named in honor of any person shall include the given name of that person as well as the surname of that person.

808.5 Upon the receipt of a recommendation from the Director of the Public Library for the naming of a library building, the Board of Library Trustees shall refer the recommendation to the proper committee for consideration in public session and recommend to the full Board.

808.6 Upon receipt of the recommendation from the committee, the Board shall take proposed action to name or rename the library building.

808.7 Notice of proposed action shall be published in the D.C. Register for a period of not less than thirty (30) days prior to final action to name or rename the library building.

808.8 Additional notice shall be given to the organized community in the area of the library buildings and shall be delivered to the press and media.

808.9 The existing name of any library building may be changed upon the written recommendation of the Director of the Public Library and the action of the Board of Library Trustees pursuant to the procedures set forth in this section.

808.10 Any person or organization may submit a proposed name or change of name of any library building to the Director of the Public Library for consideration; however, the Director shall not be required to submit any particular name or recommendation for change of name to the Board of Library Trustees.

History

• SOURCE: Final Rulemaking published at 41 DCR 1978-79 (April 15, 1994).

19 DCMR § 809 COST RECOVERY FEES

809.1 District of Columbia Public Library (DCPL) is authorized to establish cost recovery fees for the following services:

(a) People’s Archive at DCPL. The People’s Archive shall charge $10 per scan for high resolution scans of archival materials, including photographs. The fee for up to four (4) scans per year may be waived at staff discretion. High resolution scans include any scan created by staff using equipment that is not available in public areas of the library.

(b) DCPL Passport Office. The DCPL Passport Office shall charge the following reimbursement costs for passport office services:

DC Public Library Passport Fees

Product Cost

Acceptance Fee $35

Passport Photo $15

Priority Mail Express $35

Priority Mail (Passport renewals only) $15

History

• SOURCE: Final Rulemaking published at 54 DCR 9168 (September 21, 2007); as amended by Final Rulemaking published at 62 DCR 16118 (December 18, 2015); as amended by Final Rulemaking published at 71 DCR 012427 (October 11, 2024); as amended by Final Rulemaking published at 73 DCR 011988 (August 21, 2026). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 809

19 DCMR § 810 CODE OF CONDUCT POLICY

810.1 INTRODUCTION

The DC Public Library (DCPL) supports the right of all customers to free and equal access to information and use of the library without discrimination, intimidation, threat of harm or invasion of privacy. DCPL is dedicated to providing friendly, courteous and respectful service and an enjoyable, clean and comfortable environment for all customers.

The District of Columbia Public Library’s (DCPL) code of conduct has three primary purposes: (1) to protect the rights and safety of all library customers, (2) to protect the rights and safety of staff members and (3) to protect the library’s materials, facilities and property.

DCPL reserves the right to inspect a customer’s belongings including purses, backpacks, bags, parcels, shopping bags, briefcases and other items to prevent unauthorized removal of library materials and equipment or for the health and safety of library staff and customers.

The Board of Library Trustees grants the Executive Director the authority to amend guidelines, regulations, policies and procedures during a State of Emergency or Public Health Emergency declared by the Mayor, or when necessary to protect the health, safety and welfare of employees or the public.

810.2 DEFINITIONS AND SCOPE

This code of conduct (rules) applies to all buildings and all grounds controlled and operated by DCPL (buildings and outdoor grounds are also known as “the premises”) and to all customers entering in or on the premises.

Listed below are the library’s behavior rules. Customers who violate these rules may be removed from the premises and excluded from all library premises for the period of time listed below, by authority of the D.C. Public Library.

810.3 ENFORCEMENT

Library staff, Library Police, and/or Metropolitan Police Department (MPD) officers may intervene to stop prohibited activities and behaviors. A violation of law may result in arrest and prosecution. Failure to comply with these rules may result in issuance of a Notice of Barring from Library property for a period of one day to five years.

If a Notice of Barring is issued, it applies to all DCPL locations and includes the suspension of DCPL privileges, including but not limited to the use of DCPL computers and other equipment. If barred, customers may have their photographs or video captured by DC Public Library staff to enforce the bar.

ADMINISTRATIVE REVIEW OF NOTICES OF BARRING

An individual who receives a Notice of Barring may request an administrative review if the bar is greater than seven (7) days. This request must be made within ten (10) business days of the date on the barring notice and submitted in writing to: Director of Public Safety, Martin Luther King Jr. Memorial Library, 901 G Street NW, Washington, DC 20001 or via email at DCPLBarAppeals@dc.gov.

The Executive Director or designee will issue a final decision on the administrative review of the bar within thirty (30) calendar days. The barred individual may appeal the final decision to the District of Columbia Superior Court’s Civil Division within thirty (30) calendar days of the date of the notice of final decision.

810.5 REASONABLE ACCOMMODATION

Library customers who wish to request a reasonable modification of these Guidelines because of a disability or health condition may contact Library staff at 202-727-1101 or via e-mail at DCPLaccess@dc.gov.

810.6 RULES AND CONSEQUENCES

For the safety and comfort of the public and staff, and to create an environment that is favorable to library operations, the following rules and consequences apply. These activities are prohibited on library premises:

Category One Rules and Consequences: Any customer, aged 13 and older, who violates category one rules while on library premises will be restricted from the premises until the problem is corrected. Repeated violations of category one rules may result in barring if it is determined that the customer is failing to comply with the reasonable direction of a library staff member or law enforcement officer.

Age

Each Incident

0-8

Warning and referral to caregiver

9-12

Warning and opportunity to correct the violation. Leave the Library until problem is corrected

13-17

Leave the Library until the problem is corrected

18+

Leave the Library until the problem is corrected

Being on DCPL premises with bare feet or a bare chest (except breastfeeding); Clothing must cover private body parts (genitals, breasts, and buttocks). Shoes are required at all times.

Being under the visible influence of any illegal substance, controlled substance, or alcohol.

Storing or using bags/personal items in DCPL buildings in a manner that takes up space from other customers, blocks seating or travel pathways.

Exceeding DCPL bag/personal item limits. At the Martin Luther King Jr. Memorial Library, customers may bring up to two large bags (not to exceed 36” in any dimension) and two hand-held items such as a purse, briefcase, tote, or small backpack. At all other Library locations, customers may bring one large bag (not to exceed 36” in any dimension) and two hand-held items such as a purse, briefcase, tote, or small backpack.

Bringing bags/personal items (including clothing) that are infested or contaminated with pests such as insects or rodents.

Leaving any bags/personal items unattended. Customers must keep personal belongings with them at all times. Unattended items will be searched and removed.

Placing items or personal belongings on or against buildings, outdoor furniture, equipment or fixtures, or leaving personal belongings unattended on the premises. Unattended items on outdoor premises will be searched and removed.

Being in a DCPL building while having strong, pervasive odor, including odor caused by perfume or cologne, that unreasonably interferes with library user or staff comfort, safety, use, or peaceful enjoyment of the library.

Consuming food and uncovered non-alcoholic beverages outside a DCPL designated area.

Lying down or taking up space intended for more than one person. Note: If you are sleeping or appear to be sleeping, staff may speak to you to determine if you need assistance.

Sitting on the floor, sidewalk, etc. unless approved by a library staff member and blocking aisles, exits, staircases, pathways, or entrances.

Using electronics or computers without headphones or at a volume that disturbs others.

Leaving mess, garbage or spills or creating mess, garbage or spills that disrupts or interferes with library use.

Soliciting, petitioning, or distributing written materials or canvassing for political, charitable, commercial, or religious purposes on the premises.

Category Two Rules and Consequences: Any customer who violates category two rules while on library premises will be given a warning that shall remain on the customer’s record for six (6) months. Subsequent offenses within a six (6) month time frame by that customer will result in that person’s immediate removal and barring from all D.C. Public Library premises as follows:

Age

Initial

2nd Violation

(within 6 months)

3rd Violation

(within 6 months)

4th Violation

(within 6 months)

0-8

Referral to caregiver

Referral to caregiver

Referral to caregiver

Referral to caregiver

9-12

Warning. If accompanied, referral to caregiver

Leave for the day

Up to

1 week

Up to 3 months, and referral to parent/guardian

13-17

Warning

Leave for the day

Up to

1 month

Up to

6 months

18+

Warning

Up to

1 month

Up to

6 months

Up to

1 year

Using someone else’s library card to obtain library services, including public computer use, is prohibited. Each customer must use their own library card, and these cards are non-transferrable; loaning your library card to another person is prohibited. Library cards that are repeatedly used in violation of this rule will be confiscated and will be returned to the verified owner.

Bringing bicycles, scooters (unless collapsed and carried), 4-wheel grocery or utility carts, or other similar items inside library buildings, including, but not limited to, vestibules or covered doorways.

Operating bicycles, scooters, roller skates, skateboards, hoverboards, or other similar items in, or on, library premises, unless as part of a library program.

Bringing animals inside library buildings (with the exception of service animals), except as allowed at a library-approved event, or leaving an animal tethered and unattended on library premises.

Improperly using library restrooms, including, but not limited to, bathing, shaving, or washing hair or clothing.

Leaving one or more children eight (8) years old or under, who reasonably appear to be unsupervised or unattended, anywhere in or on library premises. If staff reasonably believe a child under 16 years old is truant or unlawfully absent from school, they may notify the appropriate authorities. [Please see Unattended Children Policy]

Customers thirteen (13) years of age and older are prohibited from using the children’s area, unless accompanying a child under the age of thirteen (13) or selecting an item from the collection.

Customers twenty (20) years of age and older and children twelve (12) years of age and younger are prohibited from using the teen area unless accompanying a teen aged thirteen (13) to nineteen (19) or selecting an item from the collection.

Customers thirteen (13) years of age and older are prohibited from using any restroom designated for children. Children’s restrooms are for the sole use of children twelve (12) years old or younger, and their accompanying caregivers.

Category Three Rules and Consequences: Any customer who violates category three rules while on library premises may first be informed of library rules. Subsequent offenses by that customer within one year will result in that person’s immediate removal and restriction from all DCPL premises as follows:

Age

1st Violation

2nd Violation

(within 1 year)

3rd Violation

(within 1 year)

4th Violation

(within 1 year)

0-8

Warning. Referral to caregiver

Warning. Referral to caregiver.

Warning. Referral to caregiver

Warning. Referral to caregiver

9-12

Warning/Referral to caregiver if accompanied. If unaccompanied, leave for the rest of day

Up to

1 week

Up to

1 month

Up to

3 months

13-17

Warning. Up to 1 week

Up to

1 month

Up to

6 months

Up to

1 year

18+

Warning. Up to 1 month

Up to

3 months

Up to

1 year

Up to

2 years

Engaging in conduct that disrupts or interferes with the normal operation of the library, or disturbs library staff or customers, including but not limited to, the use of obscene language or gestures, use of profanity, conduct that creates unreasonable noise, or conduct that consists of loud or boisterous physical behavior or talking.

Engaging in any form of harassment, including sexual harassment. Some infractions may be moved to Category Four if deemed necessary.

Engaging in bullying as defined by the Youth Bullying Prevention Act of 2012, effective September 14, 2012 (D.C. Law 19-167; 59 DCR 7820 (June 29, 2012)).

Misuse of any library property in a destructive, abusive, or potentially damaging manner, or in a manner likely to cause personal injury to themselves or others.

Egregiously inappropriate restroom usage including intentionally clogging plumbing, looking into an area designed to provide privacy to a person using the area, or having more than one person in a restroom stall or a single-user restroom (unless accompanying children or adults in need of assistance).

Intentionally depositing bodily fluids outside of toilets/urinals in the restrooms (urinating, defecating, spitting) or anywhere on the Library premises, including landscaping.

Failure to comply with the reasonable direction of a library staff member.

Smoking or other use of tobacco products, including electronic cigarettes on DCPL premises.

Possessing, selling, using, or distributing illegal drugs (*including marijuana) on library property. Selling or distributing any prescribed controlled substance (e.g. Xanax) on library property. Some infractions may be moved to Category Four if deemed necessary.

Possessing, selling, distributing, or consuming any alcoholic beverage, except as allowed at a library approved event.

Violating any DCPL guideline or policy, including but not limited to DCPL’s Computer Use Guidelines or DCPL’s Photography Policy.

Entering or attempting to enter DCPL premises while barred (i.e., trespassing). Customers or persons returning to DCPL premises during a period of barring may be arrested and prosecuted for unlawful entry, pursuant to D.C. Official Code § 22-3302 (2012 Repl.).

Category Four Rules and Consequences: Any customer who violates category four rules while on library premises will be immediately removed and restricted from all DCPL premises as follows:

Age.

Each Incident

0-8

Referral to caregiver and/or Library Police or MPD.

9-12

1 month to 5 years, based on severity, and the incident will be reported to the appropriate law enforcement agency.

13-17

3 months to 5 years, based on severity, and the incident will be reported to the appropriate law enforcement agency.

18+

1 to 5 years, based on severity, and the incident will be reported to the appropriate law enforcement agency.

Committing, or attempting to commit, any activity that would constitute a violation of any Federal or District of Columbia criminal statute, ordinance, code, or law.

Failure to comply with the reasonable direction of a law enforcement officer.

Possessing firearms, or weapons of any kind in the library or on library property.

Directing a threat, whether direct or indirect, of physical harm against an individual, group of individuals, or property. A threat includes any words, actions or gestures that would cause an ordinary person to fear physical (including sexual) harm or injury.

Assaulting (or attempting to assault), sexually assaulting (or attempting to sexually assault), or stalking anyone on DCPL premises.

Engaging in sexual conduct/activity, including, but not limited to, the physical manipulation or touching of sex organs through clothing in an act of apparent sexual stimulation or gratification.

History

• SOURCE: Final Rulemaking published at 56 DCR 1046-1059 (January 30, 2009); as amended by Final Rulemaking published at 60 DCR 10967 (July 26, 2013); as corrected by Errata Notice published at 60 DCR 11203 (August 2, 2013); as corrected by Errata Notice published at 61 DCR 988 (February 7, 2014); as amended by Final Rulemaking published at 64 DCR 7491 (August 4, 2017); as amended by Final Rulemaking published at 67 DCR 11230 (September 25, 2020); as amended by Final Rulemaking published at 72 DCR 010233 (September 19, 2025); as amended by Final Rulemaking published at 73 DCR 007837 (May 22, 2026). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 810

19 DCMR § 811 DCPL PROCEDURES FOR SOLICITATION AND/OR DONATION OF FINANCIAL, IN-KIND AND FIXED ASSET GIFTS

811.1 The provisions of §§ 811 through 817 of this chapter shall provide the District of Columbia Public Library ("DCPL") agency procedures for the legal authorization to solicit from possible sponsors, accept and use donations to benefit the library. These rules shall also govern record- keeping requirements, audit procedures, accessibility of records for public inspection.

811.2 The policies and guidelines set forth are based on the legislation titled "Public Charter School Assets and Facilities Preservation Amendment Act of 2006" which amends D.C. Official Code, §§ 39-101 et seq. The new legislation provides that the Board of Library Trustees (the "Board") may accept donations, gifts by devise or bequest, grants, and any other type asset from individuals, groups, organizations, corporations, partnerships, and other governmental entities.

811.3 The solicitation from sponsors and/or donation authorization process requires the successful completion of three basic components (1) the Application to Approve Donations ("AAD Form"); (2) the Legal Sufficiency Review; and (3) the Donation Agreement signed by all parties.

811.4 The Board shall approve all donations, gifts, grants, or assets with a value of $10,000 or more, but may delegate its authority to accept any donation, gift, grant, or asset with a value of less than $10,000 to the Chief Librarian of the public library.

811.5 The required signatures for the AAD Form if donation is under $10,000 is the Donor, General Counsel, and the Chief Librarian and/or designee. All signatures shall be obtained in that order.

811.6 The required signatures for the AAD Form if the donation is $10,000 and over is the Donor, General Counsel, Chief Librarian, and the President of the DCPL Board of Trustees. All signatures shall be obtained in that order.

811.7 The donation may consist of financial (checks and other negotiable instruments), in-kind (direct payments and services), and fixed assets.

811.8 For the purposes of this legislation, fixed assets may include furniture, equipment and computers.

811.9 The Board is responsible for the managing of all donations whether in-kind, fixed asset and/or funds (both checks and negotiable instruments) in accordance with the provisions or conditions of the donation by the donor.

811.10 All donation agreements must be in writing and contain a description of the purpose for which the donation is sought and a certification that:

(1) A statement of the proposed use of the donation and any conditions placed on its use by the donor;

(2) A statement of authority which denotes the agency's use of the donation;

(3) A statement certifying that the donation is a bona fide donation and the donor does not expect any special treatment from the District Government as a result of the donation;

(4) A budget of planned expenditures for use of the donation;

(5) The donation will be used by the agency or instrumentality of the District government to fulfill an authorized function or duty;

(6) The donation is consistent with the agency's plans for its programs and projects;

(7) The donation is directly related to, and will be expended solely for, a discrete program and/or purpose; and

(8) The donation is consistent with applicable laws and policies.

811.11 Donations may be used to fund any District Government activity for which appropriated funds may otherwise been obligated.

811.12 Each applicant seeking authority from the Board of Library Trustees and/or Chief Librarian to solicit, accept, or use donations must obtain a legal sufficiency review from the Office of the General Counsel.

811.13 The General Counsel shall provide a written memorandum to the Chief Librarian and/or Board of Library Trustees rendering legal sufficiency determination of all solicitations and donations. However, the General Counsel may forward a written notice, other than a memorandum, where it is determined that the donation request submitted is covered by an earlier review of a similar donation that has already received legal sufficiency approval.

811.14 A signed donation form is required for all book donations and must be submitted to the Office of the General Counsel. Book donations are approved upon receipt and do not need to go through legal sufficiency approval pursuant to D.C. Official Code, §§ 39-101 et seq. (2001 Ed.).

811.15 The legal review process should be completed within fifteen (15) days of receipt of the application for donation.

History

• SOURCE: Final Rulemaking published at 54 DCR 9171 (September 21, 2007); as amended by Final Rulemaking published at 62 DCR 14084 (October 30, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 811

19 DCMR § 812 ACCEPTING AND DEPOSITING FINANCIAL GIFT DONATIONS

812.1 The District of Columbia Public Library's ("DCPL") Director of the Board of Library Trustees and/or Chief Librarian authorizes the acceptance of all financial donations.

812.2 All financial donations to the DCPL must be in the form of check, wire transfer, or other negotiable instruments.

812.3 All financial donations must be made payable to the D.C. Treasury and these donations shall be made available to the DCPL through the private grant revenue source of DCPL's annual operating budget.

812.4 The DCPL will not accept cash donations.

812.5 The DCPL's Chief Fiscal Officer ("CFO") or financial manager shall establish the account, provide the appropriate revenue codes, prepare a budget for depositing the funds, and track the disbursement of donated funds.

812.6 All donated funds shall be deposited into the city's agency fund 0400 (private grant revenue). In addition the following actions shall occur between other District agencies to complete the financial process:

(a) The Office of Finance and Treasury ("OFT") shall notify the Director of Budget and Formulation in the Office of Budget and Planning that the check has cleared;

(b) The Director of Budget Formulation will establish a budget for the Donation in consultation with the recipient agency's fiscal officer or designee; and

(c) The Office of Budget and Planning shall load the funds based on the budget.

History

• SOURCE: Final Rulemaking published at 54 DCR 9173-9174 (September 21, 2007).

19 DCMR § 813 ACCEPTANCE OF SOLICITED OR UNSOLICITED CHECKS

813.1 When accepting either solicited or unsolicited checks, the library employee shall immediately submit both the Application To Approve Donations ("AAD Form") electronically and signed hard copy by the Donor and the check to the Office of General Counsel ("OGC") for legal sufficiency and the approval process.

813.2 Upon receipt of the funds, the Office of the General Counsel shall retain the check in a secure area until the Application to Approve Donation ("AAD form"), completion of legal sufficiency, and the donation is approved by the DCPL Board of Library Trustees and/or Chief Librarian and signed by the appropriate parties.

813.3 Upon approval, the OGC shall forward all donor checks to DCPL's CFO. The Office of Budget & Finance ("OB & F") shall process the revenue cash receipt ("RCR") document in SOAR using the designated funds accounting codes.

813.4 The OB&F shall forward all funds and record in SOAR the associated RCR to be deposited.

813.5 OGC will mail a receipt to the donor and copy the OB&F for the donation. OB&F will deposit the funds into the appropriate DCPL account. OFT will complete the following steps to ensure the proper use of the donation:

(a) Issue a receipt to the donor upon check clearance;

(b) Record the funds in SOAR based on the associated RCR; and

(c) Send a copy of the processed RCR to the agency CFO and to OPGD to confirm that the funds were recorded in SOAR.

History

• SOURCE: Final Rulemaking published at 54 DCR 9174-9175 (September 21, 2007).

19 DCMR § 814 ACCEPTING WIRE TRANSFERS

814.1 DCPL may accept a financial donation via a wire transfer between the donor and the D.C. Office of Finance and Treasury ("OFT") once the standard agency procedures for accepting donations have occurred.

814.2 Once the donation has received agency approval the following action must occur:

(a) Donors requesting to remit donations via wire transfer may initiate a Fed-Wire through their bank to:

Bank Name:

ABA Number

Account Name

Account Number

Reference: i.e., “Contribution for________”;

(b) In the reference line “Contribution for, indicate the purpose of the contribution”; and

(c) Also, notification of the date for the wire transfer remittance should be given by telephone to the _______________.

814.3 The OFT shall notify DCPL's Office of Budget and Finance of the wire transfer receipt confirmation so that the transaction can be recorded in SOAR.

814.4 The DCPL shall proceed to use the donation as conditioned by the Donor.

History

• SOURCE: Final Rulemaking published at 54 DCR 9175 (September 21, 2007).

19 DCMR § 815 ACCEPTING SECURITIES

815.1 Once an applicant's donation for securities has been approved through the standard agency acceptance procedures, DCPL will provide the donor with a copy of the securities delivery instructions.

815.2 The OBT shall prepare the SOAR revenue cash receipt (RCR) and standard deposit ticket to OFT.

815.3 The donor delivers the donated securities to the District government's transfer agent.

815.4 The District's transfer agent will liquidate the securities and wire the net proceeds to OFT for deposit into the appropriate account.

815.5 The OFT shall notify the OB&F that the funds were deposited and issue a receipt to the donor.

815.6 The OFT will record the funds in SOAR based on the associated RCR to DCPL's AFO to confirm that the funds were recorded in SOAR.

History

• SOURCE: Final Rulemaking published at 54 DCR 9176 (September 21, 2007).

19 DCMR § 816 IN-KIND AND FIXED ASSET DONATIONS

816.1 The Donor must complete all appropriate data fields of the AAD form and sign the form.

816.2 The Director of Collections and/or Branch Manager shall assess whether the acceptance of the proposed donation would be a greater cost than benefit to the DCPL.

816.3 The Director of Collections and/or Branch Manager shall determine if the donation is in a usable condition for the DCPL, if not, the donation shall be declined.

816.4 The Branch Manager and/or designee is to immediately complete the AAD form electronically and forward to the Office of the General Counsel.

816.5 The Branch Manager is to forward the signed donor copy of the AAD Form to the Office of the General Counsel.

816.6 The Office of the General Counsel will complete the legal sufficiency and obtain all necessary signed approvals.

816.7 The donation is considered approved once all required signatures are signed on the AAD form.

816.8 Upon approval, the DCPL employee shall notify the donor of whether the donation was accepted.

816.9 The DCPL shall proceed to use the donation as conditioned by the Donor.

816.10 The Director of Collections and/or Designee shall send a thank you letter to the Donor for the donation and give a copy to the Office of Budget and Finance.

History

• SOURCE: Final Rulemaking published at 54 DCR 9176-9177 (September 21, 2007); as amended by Final Rulemaking published at 62 DCR 14084 (October 30, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 816

19 DCMR § 817 MONITORING, REPORTING, AND PUBLIC INSPECTION OF DONATIONS

817.1 The Chief Librarian and/or Designee shall prepare a bi-annual report of all donations to be monitored and tracked by the Office of General Counsel. The OCFO shall prepare a report on the status of budget expenditures and available balance to be used in conjunction with the bi-annual report.

817.2 Each report shall have the donor's name, the brief description of the donation, the total value of the approved solicited and accepted donation, and the donation approval date. A copy of the donation report shall be provided to the Office of General Counsel.

817.3 The Chief Librarian and/or Designee shall file quarterly reports listing all donations with the Office of Administrative Documents and Issuances to be printed in the D.C. Register.

817.4 The DCPL, through its Chief Librarian and/or Designee shall also publish a monthly report of all donations accepted and approved on the DCPL web page monthly. This report shall include the donor’s name, the brief description of the donation, the total value of the approved solicited and accepted donation, and donation approval date.

817.5 The Office of the General Counsel shall retain all donation documents for a period of three (3) years. After such time, all documents are to be destroyed or forwarded to a storage facility.

History

• SOURCE: Final Rulemaking published at 54 DCR 9177 (September 21, 2007); as amended by Final Rulemaking published at 62 DCR 14084 (October 30, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 817

19 DCMR § 818 [REPEALED]

History

• SOURCE: Final Rulemaking published at 54 DCR 9169-9170 (September 21, 2007); as amended by Final Rulemaking published at 71 DCR 012429 (October 11, 2024). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 818

19 DCMR § 819 WEAPONS

819.1 In accordance with D.C. Official Code § 22-4503.02 and D.C. Official Code § 22-4502.01, no person shall carry or possess firearms on and/or within 1000 feet of D.C. Public Library property.

819.2 The exceptions granted in D.C. Official Code § 22-4502.1 shall apply to this section.

819.3 No person shall carry or possess knives, razors or blades longer than three (3) inches on D.C. Public Library property.

History

• SOURCE: Final Rulemaking published at 62 DCR 2013 (February 13, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 819

19 DCMR § 820 PERMITS

820.1 The Board of Library Trustees or designee may issue permits to members of the public for private use of DCPL property after payment of a fee reasonably determined to cover the costs that will be incurred by DCPL.

820.2 The Chief Business Officer or designee may issue permit conditions, guidelines or policies and require their acceptance by the permit holder prior to the issuance of a permit, provided that the conditions are:

(a) Approved by the Board of Library Trustees or designee;

(b) Made available to the public on DCPL’s website; and,

(c) Included on the permit application.

820.3 The Chief Business Officer or Designee shall be responsible for keeping records and compiling reports detailing the permits issued.

820.4 Revenue generated from the issuance of permits shall be deposited into the DCPL Revenue Generating Activities Fund, and spent prior to the end of the fiscal year in which it was received.

820.5 Permits are non-transferable and cannot be resold or reassigned.

820.6 Permit holders are required to obtain and maintain liability insurance in an amount determined by the DCPL Risk Manager.

820.7 The following activities are prohibited on DCPL property:

(a) Campaign events and activities;

(b) Gambling;

(c) Possession or use of illegal substances;

(d) Possession or use of explosives, firecrackers or firearms;

(e) Weapons of any type;

(f) Use of alcohol without prior written consent from the Chief Librarian/ Executive Director or use of alcohol that violates DCPL Order No. 404-07-2015.

820.8 Permit holders may solicit donations subject to the District of Columbia Charitable Solicitation Act, approved July 10, 1957 (71 Stat 278; D.C. Official Code §§ 44-1701 et seq.)

820.9 DCPL reserves the right to revoke or temporarily suspend a permit, or change a permit location. DCPL may deny, cancel or revoke a permit in cases where a permit holder:

(a) Violates District law or DCPL rules and policies;

(b) Poses a risk to the health, safety or welfare of the public; or,

(c) Disrupts DCPL operations.

History

• SOURCE: Final Rulemaking published at 63 DCR 578 (January 15, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 820

19 DCMR § 821 REVENUE GENERATING ACTIVITY

821.1 For the purpose of this section, “revenue generating activity” shall be defined as operations conducted by DCPL that produce income by providing services that benefit the public, but need not relate to library services.

821.2 Revenue generating activities shall be approved by the Board of Library Trustees or designee in writing prior to execution of the activity.

821.3 Revenue from revenue generating activities shall be deposited in the DCPL Revenue Generating Activities Fund established pursuant to D.C. Official Code § 39-105(a)(15).

821.4 All funds deposited into the Revenue Generating Activities Fund shall be spent prior to the end of the fiscal year in which it was received.

History

• SOURCE: Final Rulemaking published at 63 DCR 581 (January 15, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 821

19 DCMR § 822 [REPEALED].

History

• SOURCE: Final Rulemaking published at 63 DCR 13117 (October 21, 2016); as amended by Final Rulemaking published at 64 DCR 9371 (September 22, 2017). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 822

19 DCMR § 823 TOOL LIBRARY

823.1 DC Public Library maintains a tool library with tools for do-it-yourself automotive, garden and home projects.

823.2 DC Public Library borrowers with an active library card account, 18 or older, are eligible to borrow tools from the Labs Tool Library upon completion of a Tool Library Participant Release/Agreement. Verification of identification with an active government issued ID is required when borrowing any tool from the Labs Tool Library.

823.3 No more than eight (8) tools, including no more than three (3) power tools, may be borrowed at any one time.

823.4 All tools lent by the Labs Tool Library are the property of the DC Public Library.

823.5 Tools may only be checked-out and checked-in in person at the Labs during open hours. Tools will be inspected upon check-out and check-in by Labs staff.

823.6 Before borrowing any tool, the borrower shall sign a Labs Participant Release Form, which will be active for one (1) year beginning from the signature date. The signed Labs Participant Release Form will be kept electronically.

823.7 The loan period for tools is seven (7) days. The borrower agrees to return any borrowed tool on or before the due date in the same condition and free of any debris, normal wear and tear excepted, as when it was borrowed.

823.8 Repeated failure to return tools on time may result in revocation of borrowing privileges from the Labs Tool Library.

823.9 The borrower shall pay for the replacement of lost tools or for damages to any tool on loan to them.

823.10 When tools are not returned by the due date or returned damaged, the borrower will incur a fee of $15 for non-powered tools and $20 for power tools. Failure to return tools will result in the borrower forfeiting borrowing privileges from the Labs Tool Library. Borrowing privileges from the Labs Tool Library may be reinstated upon payment of fees. Payments for fees are nonrefundable.

823.11 Failure to return tools or pay lost fees may result in the loss of library privileges.

823.12 If the borrower wishes to renew the loan of the tool, they may do so as long as the tool has no hold(s). The borrower may renew the loan of the tool on their library card account or by contacting the Labs in person or via phone at 202-727-1058. Up to two consecutive renewals may be made. DC Public Library staff reserves the right to refuse or limit renewals.

823.13 If a tool is not immediately available for loan, the borrower may make a hold request on DC Public Library’s online catalog or by contacting the Labs in person or via phone at 202-727-1058. Tools must be checked-out within three (3) days from when the hold is made available.

823.14 The library retains the right to refuse the loan of any item for failure to comply with any of the above rules and regulations or for falsification of any information.

History

• SOURCE: Final Rulemaking published at 71 DCR 001934 (February 23, 2024). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 823

19-9 BOARD OF LIBRARY TRUSTEES DISTRICT OF COLUMBIA PUBLIC LIBRARY

19 DCMR § 900 AUTHORITY

900.1 The Board of Library Trustees shall exercise its authority through the official acts of its members taken while the Board is in session and when quorum is present as specified in 906.

900.2 The official acts of the Board of Library Trustees shall be recorded in the Board’s minutes which shall be maintained by the Secretary.

900.3 The Board of Library Trustees shall not be bound in any way by any action or statement of an individual member or group of members of the Board, except when that action or statement is authorized by an official act of the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 7488 (October 14, 1988); as amended by Final Rulemaking published at 73 DCR 011396 (August 14, 2026). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 900

19 DCMR § 901 Officers of Board

901.1 The officers of the Board shall consist of a Chair, a Vice Chair, and the Chief Librarian or Executive Director of the DCPL (or their designee).

901.2 The Chief Librarian or Executive Director (or their designee) shall serve as an ex officio, nonvoting member of the Board and also serve ex officio as Secretary and Treasurer of the Board.

901.3 All elected Officers shall serve for a two (2) year term from date of election until the first meeting two (2) calendar years later, or until their successors are elected.

901.4 In case of need, such as absence or disability of both the Chair and Vice Chair of the Board, the Board member with the most years of service on the Board (the Senior Board Member) shall act as Presiding Officer at Board meetings. The name of the Senior Board Member who may serve as Presiding Officer in case of need shall be announced by the Chair-Elect of the Board when elections take place, every two years at the first meeting of the calendar year, and by the Chair of the Board whenever there is a change in the Board member with the most years of service on the Board.

History

• SOURCE: Final Rulemaking published at 35 DCR 7488-89 (October 14, 1988); as amended by Final Rulemaking published at 73 DCR 011396 (August 14, 2026). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 901

19 DCMR § 902 Vacancy in the offices of Chair and Vice Chair

902.1 All members of the Board, including outgoing officers, are eligible for election.

902.2 The Chair of the Board shall appoint a Nominating Committee of three (3) members to recommend a slate of Officers upon the expiration of the regular terms of officers. The Nominating Committee shall present its recommended slate of candidates to the Board and Board members shall have the opportunity to accept the slate or make nominations from the floor. If there are nominations from the floor, the election shall be by secret ballot.

902.3 A vacancy in the office of Chair before the expiration of the appointment term shall be filled by the Vice Chair for the remainder of the existing term.

902.4 A vacancy in the office of the Vice Chair before the expiration of the appointment term shall be filled at a regular meeting by election, or at a special meeting called for the purpose, by election, pursuant to the requirements of 906.3 for the remainder of existing term. The Chair may choose to refer this vacancy to the Nominating Committee to bring forth a slate.

History

• SOURCE: Final Rulemaking published at 35 DCR 7488, 7489 (October 14, 1988); as amended by Final Rulemaking published at 73 DCR 011396 (August 14, 2026). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 902

19 DCMR § 903 Duties of the Officers

903.1 It shall be the duty of the Chair to preside at all meetings of the Board, to appoint committees not otherwise provided for, and to sign all papers, communications, and instruments which may require the Chair’s official signature. The Chair shall exercise a general supervision over the affairs of the Library Board of Trustees and shall be an ex officio member of all committees. The Chair may vote in the election of officers and in the appointment or removal of the Chief Librarian or Executive Director. The Chair may also vote on other issues if the vote would change the result or if the vote is taken by secret ballot.

903.2 In the absence of the Chair, the Vice Chair shall preside at all meetings of the Board and shall generally discharge all duties of the Chair in case of the latter’s absence from the District of Columbia or inability to act.

903.3 The duties of the Chief Librarian or Executive Director as Secretary of the Board shall be to keep permanent record of the meetings of the Board, to have custody of the records and general papers of the Board, and to perform the other functions usual to the office. The duties of the Chief Librarian or Executive Director as Treasurer of the Board shall be to keep the financial accounts of the Library.

History

• SOURCE: Final Rulemaking published at 35 DCR 7488, 7489-90 (October 14, 1988); as amended by Final Rulemaking published at 73 DCR 011396 (August 14, 2026). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 903

19 DCMR § 904 Appointment and removal of the Chief Librarian OR EXECUTIVE DIRECTOR

904.1 The Board of Library Trustees shall appoint by secret ballot a Chief Librarian or Executive Director for the District of Columbia Public Library at a regular meeting or at a special meeting called for the purpose.

904.2 The Board may, at any time, remove the Chief Librarian or Executive Director for cause.

History

• SOURCE: Final Rulemaking published at 35 DCR 7488, 7490 (October 14, 1988); as amended by Final Rulemaking published at 73 DCR 011396 (August 14, 2026). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 904

19 DCMR § 905 Meetings of the Board of Library Trustees

905.1 All meetings of the Board shall be open to the public in Accordance with D.C. Code § 2–575 except as provided in 905.5. All regularly scheduled Board meetings are public meetings.

905.2 The Board of Trustees shall hold six (6) regular meetings each year. The schedule of the regular Board meetings shall be proposed by the Chair of the Board and approved by the Board. Notices of regular meetings shall be sent to each member of the Board at least five (5) calendar days before the meeting.

905.3 The Chair of the Board may, and upon request of any three (3) members shall, call a Special Meeting. At least three (3) days’ notice (excluding Saturdays, Sundays, and District of Columbia and federal holidays) shall be given in writing, stating the purpose of the meeting. No business except that relating to the specified purpose shall be transacted.

905.4 At the first regular meeting held every other calendar year commencing in the first year upon adoption of this ruling, the Chair and Vice Chair shall be elected.

905.5 The Chair of the Board may call executive meetings as needed for the purpose of dealing with legal or personnel matters. Any action proposed in an executive session must be voted on in an open session of the Board of Trustees.

History

• SOURCE: Final Rulemaking published at 35 DCR 7488, 7490-91 (October 14, 1988); as amended by Final Rulemaking published at 73 DCR 011396 (August 14, 2026). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 905

19 DCMR § 906 Quorum and Voting

906.1 Quorum is determined as half the total of trustees plus one (1).

906.2 Except as provided in 906.3 and 906.4, the decisions of the Board shall be taken by a simple majority of votes cast by those present and voting at a meeting.

906.3 A quorum in favor is required for the election of the Chair and Vice Chair of the Board and for the adoption of rules and regulations of the Board and those of the Library requiring Board approval.

906.4 A quorum plus one (1) in favor is required for the appointments of the Chief Librarian or Executive Director and for the removal of the Chief Librarian or Executive Director for cause.

History

• SOURCE: Final Rulemaking published at 35 DCR 7488, 7491 (October 14, 1988); as amended by Final Rulemaking published at 73 DCR 011396 (August 14, 2026). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 906

19 DCMR § 907 Committees

907.1 The standing committees of the Board shall be the Executive Committee, the Finance and Budget Committee, the Facilities Committee, the Programs, Partnerships, and Performance Committee, the Nominating Committee, and the Contracts Review Committee.

907.2 The Executive Committee shall consist of the Chair, the Vice Chair, the Secretary Treasurer, and one Board member appointed by the Chair for a period of one (1) year.

907.3 The Executive Committee shall act for the Board in emergencies when a Special Purpose or full Board meeting cannot be called, and its actions shall be binding until acted on by the Board at its next regular meeting.

907.4 The Finance and Budget Committee shall review the Library budget and expenditures in both personnel and operating categories, shall review plans to seek public appropriations, and shall otherwise develop ways and means for raising money for Library needs.

907.5 The Facilities Committee shall review facilities maintenance and construction plans.

907.6 The Programs, Partnerships, and Performance Committee shall provide guidance to the Chief Librarian or Executive Director on the Library’s program of services, including review of specific initiatives, assessment of performance metrics, and partnerships with third-party organizations.

907.7 The Nominating Committee shall develop a slate of prospective officers every two years at the first meeting of the calendar year, or as needed in the event of a vacancy in the office of Chair per Sections 902.3 and 902.4.

907.8 The Contracts Review Committee (CRC) is required as part of the District of Columbia Public Library’s Procurement Regulations. The Committee shall review and approve all Library contracts of one million dollars ($1,000,000) or more prior to submission to the District of Columbia City Council for approval. The Committee shall consider protests, disputes, appeals, debarment, and suspension decisions made by the Library’s Chief Contracts Officer (CCO).

907.9 The Chair may appoint special committees and task forces and shall do so if the Board so directs.

907.10 The Chair shall appoint chairs of each committee and, in consultation with then, additional members of the committee.

907.11 The Chair shall serve as an ex officio member of each committee.

907.12 The Chief Librarian or Executive Director shall serve as an ex officio, nonvoting member of the Executive Committee, Finance and Budget Committee, Facilities Committee and Programs, Partnerships and Performance Committee and as an ex officio voting member of the Contracts Review Committee.

907.13 The Chair may adjust the purview of committees after consultation with the relevant committee and shall inform the Board in a written manner.

History

• SOURCE: Final Rulemaking published at 35 DCR 7488, 7491-92 (October 14, 1988); as amended by Final Rulemaking published at 73 DCR 011396 (August 14, 2026). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 907

19 DCMR § 908 Staff Participation

908.1 The Chief Librarian or Executive Director shall select and appoint representatives of the Administration to participate in the work of the Board committees, as needed.

History

• SOURCE: Final Rulemaking published at 35 DCR 7488, 7492 (October 14, 1988); as amended by Final Rulemaking published at 73 DCR 011396 (August 14, 2026). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 908

19 DCMR § 909 ORDER AND CONDUCT OF BUSINESS

909.1 In conducting its business the Board shall follow the latest edition of Robert’s Rules of Order in matters not covered by these rules.

909.2 The Chair of the Board may appoint a Parliamentarian on the basis of pertinent experience and other qualifications. The Parliamentarian shall serve at the Chair’s pleasure.

909.3 At the beginning of each Board meeting, the roll will be called to establish a quorum and an agenda will be presented for adoption by the Board. A portion of the meeting shall be reserved for comments from the public.

History

• SOURCE: Final Rulemaking published at 35 DCR 7488, 7492 (October 14, 1988); as amended by Final Rulemaking published at 73 DCR 011396 (August 14, 2026). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 909

19 DCMR § 910 Duties

910.1 Trustees shall faithfully execute the responsibilities entrusted to them as members of the Board of Library Trustees.

910.2 Trustees shall maintain the confidentiality of matters considered confidential by the Board in Executive Sessions.

910.3 Trustees shall recognize their responsibility to participate actively in Board discussions and decisions and shall not publicly repudiate policies adopted by the Board.

910.4 Trustees shall faithfully attend Board meetings as a primary responsibility of trusteeship.

910.5 Trustees shall accept that the Board acts only as a body and that the Chair shall act and speak on behalf of the Board. Other Trustees shall act on behalf of the Board only when authorized by the Board or Chair.

History

• SOURCE: Final Rulemaking published at 35 DCR 7488, 7492-93 (October 14, 1988); as amended by Final Rulemaking published at 73 DCR 011396 (August 14, 2026). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 910

19 DCMR § 911 Amendments to the Rules

Any member may propose amendments to these rules by submitting in writing a copy of the proposed amendments at a regular meeting of the Board. The Board may take action on the proposal at its next regular meeting.

History

• SOURCE: Final Rulemaking published at 35 DCR 7488, 7493 (October 14, 1988); as amended by Final Rulemaking published at 73 DCR 011396 (August 14, 2026). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 911

19-10 HARBOR AND BOATING SAFETY

19 DCMR § 1000 GENERAL PROVISIONS

1000.1 It is the policy of the District of Columbia to promote safety for persons and property in connection with the use and operation of vessels in District waters.

1000.2 The District’s Harbor Master shall regulate the operation, navigation, mooring, and anchoring of all vessels and amphibian aircraft in the District waters, and shall enforce all laws and regulations relating to those waters.

1000.3 The Mayor is authorized to conduct a boating safety and education program.

1000.4 Any person who violates any provision of this chapter for which no specific penalty is otherwise provided, or who violates any provision of the regulations promulgated pursuant to this chapter, shall, upon conviction, be punished by a fine of not more than three hundred dollars ($300) or by imprisonment for not more than ten (10) days, or both.

1000.5 Any person who violates any provision of this Article for which no specific penalty is otherwise provided or who violates any provision of the regulations promulgated pursuant to this Article shall, upon conviction, be punished by a fine of not more than $300.00 or by imprisonment for not more than ten days, or both. The penalties imposed by this chapter shall be in addition to, and not in lieu of, any penalties imposed by any other law or regulation.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is an Act to amend section 895 of the Code of Law of the District of Columbia, 48 Stat. 963 (July 15, 1934).
• SOURCE: Article 29 §§ 1, 3, 22, 26 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1001 REGISTRATION OF VESSELS

1001.1 The owner of each vessel using District Waters, unless specifically exempted under §§ 1001.2 or 1001.5, shall register with the Harbor Master in the manner provided in § 1002.

1001.2 The following vessels shall be exempt from registration while they are temporarily using District waters, in accordance with §§ 1001.3 and 1001.4:

(a) Vessels that are covered by a Certificate of Number and Registration, in full force and effect, issued by the Coast Guard or by a state or United States territory with a federally approved numbering system;

(b) Vessels that are from a country other than the United States; and

(c) Vessels documented by the Coast Guard.

1001.3 Use of a vessel listed in § 1001.2 in District Waters for a period in excess of fifty (50) consecutive days shall create a rebuttable presumption that the use is no longer temporary, and that the vessel should be registered in the District.

1001.4 Use of a vessel listed in §1001.2 in District waters for a period of one hundred and eighty-three (183) days or more during any calendar year shall be prima facie evidence that the use is no longer temporary and that the vessel should be registered in the District of Columbia.

1001.5 The following vessels shall be exempt from registration:

(a) A military or public vessel of the U.S. government, other than a recreational type public vessel;

(b) A vessel owned by a state, or any subdivision of a state, which is used principally for governmental purposes, and which is clearly identifiable as such;

(c) A vessel’s lifeboat, if the lifeboat is used solely for lifesaving purposes;

(d) A vessel used exclusively for racing; and

(e) A vessel operating during the period, not to exceed thirty (30) days, following the filing of an application for a Certificate of Number; provided, that visible evidence of the application shall be present on the vessel.

History

• SOURCE: Article 29 § 4(a)(1)-4(a)(2) of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1002 REGISTRATION PROCEDURES AND FEES

1002.1 The owner(s) of each vessel required to be registered under this chapter shall annually file an application for registration with the Harbor Master on forms approved by the Chief of Police.

1002.2 Each application shall be signed by the owner(s), and shall be accompanied by the fee specified in this section.

1002.3 Upon the filing of a proper registration application, the Harbor Master shall record the application.

1002.4 Each applicant for registration of an undocumented vessel shall be issued a Certificate of Number and two (2) annual validation stickers.

1002.5 The Certificate of Number for an undocumented vessel shall contain the identification number assigned to the vessel, the name(s) and address(es) of the owner(s), and any additional information that the Mayor may prescribe.

1002.6 Each applicant for registration of a documented vessel shall be issued a Certificate of Registration and two (2) annual validation stickers for documented vessels.

1002.7 The Certificate of Registration for a documented vessel shall contain the name(s) and address(es) of the owner(s), and any additional information that the Mayor may prescribe.

1002.8 No identification number shall be issued for a documented vessel.

1002.9 Annual validation stickers for documented vessels shall meet the specifications set forth in 33 CFR § 174.15.

1002.10 The annual validation stickers for documented vessels shall be separate and distinct from the annual validation stickers for undocumented vessels.

1002.11 The registration year for vessels shall extend from January 1st to December 31st of each year.

1002.12 Certificates of Number and Registration issued pursuant to this chapter shall expire on December 31st of the year of issue, unless the owner renews the vessel’s registration for an additional year, or unless the registration is terminated or discontinued prior to December 31st in accordance with § 1005.

1002.13 The owners of all vessels required to be registered under this chapter, other than recreational-type public vessels of the United States government, shall remit with their applications for registration or registration renewal the following fees:

(a) For each vessel equipped with propulsion machinery of any type, and the length of which is under sixteen feet (16 ft.), fifteen dollars ($15.00) per registration year or fraction thereof;

(b) For each vessel not equipped with propulsion machinery of any type, and the length of which is at least sixteen feet (16 ft.), but no greater than twenty-six feet (26 ft.), twenty-five dollars ($25.00) per registration year or fraction thereof;

(c) For each vessel equipped with propulsion machinery of any type and the length of which is over twenty-six feet (26 ft.) but no greater than forty feet (40 ft.), thirty-five dollars ($35.00) per registration year or fraction thereof;

(d) For each vessel equipped with propulsion machinery of any type and the length of which is over forty feet (40 ft.), forty-five dollars ($45.00) per registration year or fraction thereof;

(e) For each vessel not equipped with propulsion machinery of any type, ten dollars ($10.00) per registration year or fraction thereof; or

(f) For replacement of a lost or destroyed certificate, five dollars ($5.00).

History

• SOURCE: Article 29 § 4(a)(3)(A), 4(a)(3)(B) and 4(a)(4) of the Police Regulations of the District of Columbia (January 1983); as amended by section 2(b) of D.C. Law 5-58, the District of Columbia Boat Titling Act of 1983, and section 8(b) of D.C. Law 11-248, the “Boating while Intoxicated Act of 1996”.

19 DCMR § 1003 NOTIFICATION OF CHANGES IN OWNERSHIP AND STATUS

1003.1 If the ownership of a registered vessel changes, a new application form, accompanied by the appropriate registration fee, shall be filed with the Harbor Master by the new owner(s), and a new Certificate of Number and Registration shall be issued to the applicant.

1003.2 The identification number assigned to the vessel may be identical to the identification number previously assigned.

1003.3 A person whose name appears as the owner of a vessel on a Certificate of Number shall notify the Harbor Master in writing within fifteen (15) days of the occurrence of any of the following events:

(a) Any change in the person’s name or address;

(b) The theft or recovery of the vessel;

(c) The loss or destruction of a valid Certificate of Number;

(d) The transfer of all or part of the person’s interest in the vessel, other than the creation of a security interest in the District of Columbia;

(e) The destruction or abandonment of the vessel; or

(f) The documentation of the vessel.

History

• SOURCE: Article 29 § 4(a)(3)(c) and 4(c) of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1004 NUMBERING OF VESSELS

1004.1 Vessels, other than documented vessels, required to be registered pursuant to § 1001, shall be numbered in accordance with this section.

1004.2 No person shall operate or give permission for the operation of any vessel on District waters, unless the vessel is numbered in accordance with this section, a numbering system administered by the Coast Guard, or a federally approved numbering system of a state or a U.S. territory.

1004.3 The Certificate of Number issued to the owner of a vessel shall be available at all times for inspection on the vessel for which it is issued whenever the vessel is in use.

1004.4 The Certificate of Number for a readily identifiable livery boat of less than twenty-six feet (26 ft.) in length which is leased, rented, or chartered to another person for that person’s noncommercial use for less than seven (7) days may be retained on shore by the vessel owner or the owner’s representative at the place from which the vessel departs or returns to the possession of the owner or the owner’s representative.

1004.5 A copy of the lease or rental agreement for a vessel that is leased, rented, or chartered under § 1004.4, that has been signed by the owner or the owner’s representative and the person renting, leasing, or chartering the vessel must be in the possession of the operator on board the vessel.

1004.6 The copy of the lease or rental agreement for a vessel that is leased, rented, or chartered under § 1004.4 shall contain at least the identification number and the period of time for which the vessel is rented, leased, or chartered.

1004.7 The identification number contained in the Certificate of Number shall be displayed on each side of the forward half of the vessel in a position where the number is distinctly visible and legible.

1004.8 The identification numbers displayed on a vessel shall read from left to right, and shall be in block characters of good proportion not less than three inches (3”) in height.

1004.9 The identification number shall have spaces or hyphens that are equal to the width of a letter other than “i” or the number “1” between the letter and number grouping (For example: DC 5678 EF or DC-5678-EF).

1004.10 The identification number shall be of a color that will contrast with the color of the background, and shall be maintained to be clearly visible and legible.

1004.11 When a vessel is used by a manufacturer or dealer for testing or demonstration, the identification number may be painted on or attached to removable plates that are temporarily but firmly attached to each side of the forward half of the vessel.

1004.12 On vessels configured so that a number on the hull or superstructure would not be easily visible, the number must be painted on or attached to a backing plate attached to the forward half of the vessel so that the number is visible from each side of the vessel.

1004.13 Except on documented vessels, no number other than the current identification number validly assigned to the vessel shall be painted, attached, or otherwise displayed on each side of the forward half of the vessel.

1004.14 The annual validation sticker issued by the Harbor Master for an undocumented vessel shall be displayed on the vessel within six inches (6”) of the vessel identification number.

1004.15 The annual validation sticker issued by the Harbor Master for a documented vessel shall be conspicuously displayed on the forward half of the vessel.

1004.16 Nothing in this section prohibits the registration of any vessel under this chapter upon the request of the owner, even though that vessel is exempt from registration under § 1001.2 or 1001.5 of this chapter.

1004.17 The Harbor Master is authorized to issue hull identification numbers in accordance with 33 CFR § 181.

1004.18 If a department or agency of the U.S. government has in force an overall system of numbering identification for vessels within the United States, the numbering system administered by the Harbor Master pursuant to this section shall conform to that federal numbering system.

History

• SOURCE: Article 29 § 4(b) of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1005 INVALID CERTIFICATES

1005.1 A person whose name appears as the owner of a vessel on a Certificate of Number shall surrender the certificate to the Harbor Master within fifteen (15) days after the certificate becomes invalid.

1005.2 A Certificate of Number issued by the Harbor Master shall be invalid if the application for the Certificate of Number contains a false or fraudulent statement, or if the annual fees required by § 1002.13 have not been paid.

1005.3 A Certificate of Number which has not expired shall be invalid after the date on which the person whose name appears as the owner of the vessel on such Certificate of Number transfers all of his or her ownership in the vessel, or when the vessel is destroyed or abandoned.

1005.4 A Certificate of Number is invalid fifty (50) days after the date on which the vessel is no longer principally used in the District of Columbia waters.

1005.5 A Certificate of Number shall be invalid when the person whose name appears on the Certificate as the owner involuntarily loses his or her interest in the vessel by legal process.

1005.6 A Certificate of Number shall be invalid after the date upon which the vessel is documented or required to be documented under 45 CFR § 67.

1005.7 The person whose name appears as the owner of a vessel on the Certificate of Number shall remove the identification number displayed on the vessel and the validation stickers whenever the Certificate of Number expires or becomes invalid.

1005.8 If the vessel is re-registered in the District, the identification number assigned to the vessel may be identical to the previously assigned identification number.

History

• SOURCE: Article 29 § 4(d) of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1006 [REPEALED]

History

• SOURCE: The District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983); as amended by the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1006

19 DCMR § 1007 [REPEALED]

History

• SOURCE: The District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983); as amended by the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1007

19 DCMR § 1008 [REPEALED]

History

• SOURCE: The District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983); as amended by the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1008

19 DCMR § 1009 [REPEALED]

History

• SOURCE: The District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983); as amended by the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1009

19 DCMR § 1010 [REPEALED]

History

• SOURCE: The District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983); as amended by the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1010

19 DCMR § 1011 [REPEALED]

History

• SOURCE: The District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983); as amended by the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1011

19 DCMR § 1012 [REPEALED]

History

• SOURCE: The District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983); as amended by the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1012

19 DCMR § 1013 [REPEALED]

History

• SOURCE: The District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983); as amended by the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1013

19 DCMR § 1014 [REPEALED]

History

• SOURCE: The District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983); as amended by the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1014

19 DCMR § 1015 [REPEALED]

History

• SOURCE: The District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983); as amended by the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1015

19 DCMR § 1016 [REPEALED]

History

• SOURCE: The District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983); as amended by the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1016

19 DCMR § 1017 [REPEALED]

History

• SOURCE: The District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983); as amended by the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1017

19 DCMR § 1018 [REPEALED]

History

• SOURCE: The District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983)); as amended by the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1018

19 DCMR § 1019 MANUFACTURER’S OR DEALER’S LICENSE

1019.1 No manufacturer or dealer may conduct business in the District unless licensed as a manufacturer or dealer pursuant to the provisions of this section.

1019.2 Application for a manufacturer’s or dealer’s license shall be made on the form prescribed by the Mayor and shall contain the name and address of the applicant.

1019.3 If the applicant is a partnership, the applicant shall include the name and address of each partner.

1019.4 If the applicant is a corporation, the application shall contain the following:

(a) The names of the principal officers of the corporation;

(b) The state of incorporation;

(c) The address of every place where business is conducted;

(d) The nature of the business; and

(e) Any other information the Mayor may require.

1019.5 If the applicant is a partnership or corporation, his or her application shall be verified by oath or affirmation.

1019.6 A fee of twenty-five dollars ($25.00) shall accompany every application for a new or renewed license.

1019.7 After receiving the required application fee, the Mayor may issue a license to the applicant which entitles the applicant to conduct business as a manufacturer or dealer during the calendar year in which the license is issued.

1019.8 The license shall expire on December 31st of the year in which it is issued.

1019.9 Licenses may be renewed upon annual application and payment of the required fee.

1019.10 The Mayor may refuse to issue a license or, after written notice to the licensee and a hearing, may cancel a license when it is determined that the applicant or licensee has failed to comply with the provisions of this section.

1019.11 If, during the period for which a dealer’s or manufacturer’s license is issued, there is any change in the factual information furnished to the Mayor by the licensee in connection with obtaining, retaining, or renewing the license, the change shall be promptly communicated in writing to the Mayor on the form prescribed by the Mayor. The applicant shall sign the form and certify that the information given is correct.

1019.12 A manufacturer or dealer may not transfer ownership of a new vessel without supplying the transferee with the manufacturer’s or importer’s certificate of origin signed by the manufacturer’s or importer’s authorized agent. The certificate shall contain any information the Mayor may require.

1019.13 A dealer shall maintain for three (3) years a record of any vessel he or she bought, sold, exchanged, or received for sale or exchange.

1019.14 The record shall be open to inspection by the Mayor or his or her designee during reasonable business hours.

History

• SOURCE: Section 2(c) of the District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1019

19 DCMR § 1020 BONDS FOR MANUFACTURERS OR DEALERS

1020.1 Prior to the issuance of a dealer’s or manufacturer’s license, each applicant shall file with the Mayor acceptable evidence of a bond or other security deemed sufficient by the Mayor for the payment of fees and taxes received.

1020.2 The bond shall be based upon the volume of sales and the class of dealer’s or manufacturer’s license which the applicant has requested.

1020.3 The bond shall also be for the use and benefit of the Mayor and any member of the public who suffers any loss by reason of any violation of these rules by the licensee, his or her agents or employees.

1020.4 If a licensee under these rules fails to file acceptable evidence that the bond required by this section has been extended prior to the expiration of the bond, the license shall automatically be suspended upon expiration of the bond.

1020.5 The license shall be reinstated when the licensee files with the Mayor acceptable evidence of a bond or other security that would be adequate under the standards described in § 1021.1.

History

• SOURCE: Section 2(c) of the District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1020

19 DCMR § 1021 PENALTY

1021.1 Any person willfully violating any of the provisions of §§ 1019 or 1020 shall, upon conviction, be punished by a fine of not more than five hundred dollars ($500) or be imprisoned for not more than one (1) year, or both.

1021.2 Prosecutions for violations of §§ 1019 and 1020 shall be by the Attorney General for the District of Columbia in the name of the District of Columbia.

History

• SOURCE: Section 2(c) of the District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983)); as amended by Section 30(b) of the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1021

19 DCMR § 1022 ENFORCEMENT

1022.1 The Harbor Master is authorized to stop and board any vessel subject to the provisions of this chapter for the purpose of inspecting or determining compliance with this chapter.

1022.2 The Harbor Master is empowered to make a summary arrest, or to issue a summons for appearance in court, for all violations of this chapter.

1022.3 Law enforcement vessels shall be marked so as to identify them as law enforcement vessels.

1022.4 While underway and upon being hailed by the Harbor Master or Fire Chief, each vessel subject to the provisions of this chapter shall stop immediately and lay to, or shall maneuver in such a way as to, permit the Harbor Master or Fire Chief to come aboard. All vessels shall yield and lay to any emergency law enforcement or fire vessel.

1022.5 Upon observing any vessel being used in violation of this chapter in any of the following ways, the Harbor Master may order the operator to take any immediate reasonable steps that may be necessary for the safety of those aboard the vessel, including ordering the operator to proceed at a location designated by the Harbor Master, and to remain there until the situation creating the hazard is remedied or ended;

(a) Without sufficient lifesaving equipment;

(b) With improper navigation light display;

(c) In an overloaded condition;

(d) With an accumulation of fuel in the bilge compartment;

(e) With leaky fuel lines;

(f) Without sufficient firefighting equipment;

(g) Without a Coast Guard-approved backflame arrester;

(h) With inadequate ventilation; or

(i) With any other unsafe condition, and when, in his judgment, such use creates a hazardous condition, may order the operator to take such immediate reasonable steps as may be necessary for the safety of those aboard the vessel, including ordering the operator to proceed to a location designated by him and to remain there until the situation creating the hazard is remedied or ended.

1022.6 Upon observing any vessel being used in violation of this chapter in any of the following ways, the Fire Chief may order the operator to take any immediate reasonable steps that may be necessary for the safety of those aboard the vessel, including ordering the operator to proceed to a location designated by the Fire Chief, and to remain there until the situation creating the hazard is remedied or ended:

(a) With an accumulation of fuel in the bilge compartment;

(b) With leaky fuel lines;

(c) Without sufficient firefighting equipment;

(d) Without a Coast Guard-approved backflame arrester;

(e) With inadequate ventilation; or

(f) With any other unsafe condition that, in the Fire Chief’s judgment, created a hazardous condition.

History

• SOURCE: Article 29 § 24 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1023 IMPOUNDMENT OF VESSELS

1023.1 Any unattended vessel found in District waters at any time under the following circumstances may, by or under the direction of the Harbor Master, either by towing or otherwise, be removed or conveyed to and impounded at any place designated by the Chief of Police:

(a) Any unattended vessel that is not properly registered or numbered in compliance with § 1004 of this chapter;

(b) Any unattended vessel against which there are two (2) or more outstanding or otherwise unsettled violation notices, or against which there have been issued two (2) or more warrants;

(c) Any unattended vessel that is anchored, moored, or tied up in violation of §§ 1028, 1030.16 through 1030.17, or 1041;

(d) Any unattended vessel that is sunken, beached, or abandoned, and that is not removed within the time specified by § 1030.9, or that creates an obstruction or other hazardous condition;

(e) Any unattended vessel that has been willfully cast adrift;

(f) Any unattended vessel that remains in a restricted area in violation of § 1029;

(g) Any vessel that becomes unattended as a result of the arrest of the operator of that vessel; and

(h) Any other unattended vessel that, in the judgment of the Harbor Master, poses an immediate hazard to life or property.

1023.2 The Harbor Master, as soon as practicable, shall inform the owner or other person in charge or control of an impounded vessel of the circumstances under which, or on account of which, the vessel was impounded.

1023.3 The owner of an impounded vessel, or the owner’s duly authorized representative, shall be permitted to repossess or secure the release of the vessel upon:

(a) Posting of the collateral required for his or her appearance in the D.C. Superior Court to answer for the violation or violations on account of which the vessel was impounded; and

(b) Payment of the fees required by this section.

1023.4 The owner of an impounded vessel shall be subject to a towing or removal fee of fifty dollars ($50.00) plus a reasonable fee for the cost of storing the impounded vessel. The storage fee shall be established by the Mayor.

1023.5 In lieu of the towing or removal fee, the owner of the sunken, beached, or abandoned vessel which is removed and conveyed by or under the direction of the Harbor Master pursuant to §§ 1030.8 through 1030.14 shall be subject to a fee equivalent to the costs of removing and conveying the vessel. This fee shall not be less than fifty dollars ($50.00).

1023.6 Impounded vessels that are not repossessed as provided in this section shall be sold or disposed of in accordance with D.C. Code, § 4-160 (1994 Repl.) as it relates to the sale or disposition of motor vehicles.

History

• SOURCE: Article 29 § 25 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1024 CIVIL LIABILITY

1024.1 Whenever any vessel is operated in District of Columbia waters by any person other than the owner, with the expressed or implied consent of the owner, the operator of the vessel shall be deemed to be the agent of the owner of the vessel in the case of a collision, accident, or other casualty.

1024.2 The proof of ownership of the vessel shall be prima facie evidence that the person operated the vessel with the consent of the owner.

History

• SOURCE: Article 29 § 23 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1025 [RESERVED]

19 DCMR § 1026 OPERATION OF VESSELS

1026.1 All vessels shall be operated in compliance with the Navigation Rules (as defined in § 1099 of this chapter).

1026.2 No person shall operate or use any vessel in a negligent manner so as to endanger the life, limb, or property of any person.

1026.3 No person shall operate or use any vessel, or use any water skis, aquaplane, surfboard, or similar device, while under the influence of alcohol, marijuana, or any narcotic drug, barbiturate, or hallucinogen.

1026.4 No person, or agent or employee of a person, who owns, leases, or controls any wharf, pier, bulkhead; or structure on a wharf, pier, or bulkhead; or waters adjacent to a wharf, pier, or bulkhead; or any basin, slip, dock, waterfront, land under water; or any structure on any of these places shall rent, lease, or hire any vessel to a person who is under eighteen (18) years of age, unless the person under eighteen (18) years of age has successfully completed a boating safety course approved by the Harbor Master, or unless the person will be under the constant supervision of a person at least eighteen (18) years of age who has successfully completed a boating safety course.

1026.5 No person under eighteen (18) years of age shall operate or navigate any vessel sixteen feet (16 ft.) or more in length of any kind in District of Columbia waters, unless the person has successfully completed a boating safety course approved by the Harbor Master, or unless the person under eighteen (18) years of age is under the supervision of a person who has reached eighteen (18) years of age and who has successfully completed a boating safety course.

1026.6 Any person who is operating or navigating any vessel shall have in his or her possession satisfactory evidence of having completed an approved boating safety course, or the person shall make evidence of having completed a boating safety course available to the Harbor Master at the vessel’s launching or berthing point on the shore adjacent to District of Columbia waters.

1026.7 When the operator of a vessel sixteen feet (16 ft.) or more in length is under eighteen (18) years of age, the operator and all other persons aboard the vessel who are under eighteen (18) years of age shall wear a Coast Guard approved personal floatation device of the proper size.

(1A) No person may operate a recreational vessel underway with any child under 13 years old aboard unless each such child is below decks, in an enclosed cabin, or wearing a Coast Guard approved personal flotation device of the proper size.

1026.8 No person shall use, operate, or permit to be operated any vessel on District of Columbia waters, unless the vessel is of sound construction and in a good, seaworthy condition.

(1A) No person may operate a recreational vessel underway with any child under 13 years old aboard unless each such child is below decks, in an enclosed cabin, or wearing a Coast Guard approved personal flotation device of the proper size.

1026.9 No person shall loan, rent, lease, chart, hire, or offer for those purposes any vessel owned by him or her, or subject to his or her control, unless the vessel is of sound construction and in a good, seaworthy condition.

1026.10 All persons aboard any vessel in the area from the southernmost point of the cove commonly known as Fletcher’s Cove in the Georgetown Channel of the Potomac River upstream to the District of Columbia boundary line at Little Falls shall wear a Coast Guard-approved personal floatation device at all times.

History

• SOURCE: Article 29 § 12 of the Police Regulations of the District of Columbia (January 1983); and as amended by Final Rulemaking published at 51 DCR 8781 by D. C. ACT 15-490 (September 10, 2004).

19 DCMR § 1027 SPEED LIMITS

1027.1 The Mayor is authorized to establish speed limits for vessels using District of Columbia waters.

1027.2 Except for police and fire vessels responding to an emergency, the speed of all power vessels shall be regulated to avoid danger or injury, either directly or by the effect of the wash or wake the vessels raise through their speed or otherwise, to persons or to other vessels, whether these vessels are floating, anchored, or underway to piers, wharves, bulkheads, bridges, or other waterfront construction.

1027.3 The speed limits specified in this section shall not apply to vessels of the D.C. government or U.S. government that are responding to or engaging in any emergency condition, or to hydrofoil or air cushion vessels or vehicles that are operated for demonstration or experimentation purposes under the authority of a permit issued by the Chief of Police.

1027.4 Except in the case of an emergency, or except as otherwise provided by the Mayor pursuant to § 1027.1, no power-driven vessel shall be propelled or operated at a rate greater than six (6) statute miles per hour in the Potomac River upstream from Arlington Memorial Bridge, in the Washington Channel upstream from Hains Point, in the Anacostia River upstream from Green Leaf Point to the Benning Road Bridge; or at a rate greater than ten (10) statute miles per hour when passing the wharf area of Alexandria, Virginia.

1027.5 No operator of any personal watercraft while underway and within one hundred (100) yards of another vessel shall jump any other vessel’s wake while operating or in physical control of watercraft while on the District of Columbia’s waterway.

1027.6 When two (2) or more personal water operators are operating at a speed greater than ten (10) miles per hour, the operators shall steer their craft so as to be at least twenty-five (25) yards apart from any vessel to include any other personal watercraft.

1027.7 Except in the case of an emergency or except as otherwise provided by the Mayor, no operator of any personal watercraft shall operate or be in physical control of watercraft at a rate greater than six (6) statute miles per hour between the hours of 4:00 p.m. and 12:00 p.m. on the date of the annual Independence Day fireworks display while on the Potomac River between the Arlington Memorial Bridge to the 14th Street Bride, in the Washington Channel from Hains Point, or in the Anacostia River from Green Leaf Point to the Benning Road Bride.

1027.8 No hydrofoil or air cushion vessel or vehicle shall exceed a speed of ten (10) statute miles per hour in the area between the westerly shore line of the Potomac River and a line one hundred (100) yards east of the parallel to the pierhead line, between Jones Point and First Street, in the City of Alexandria, Virginia.

1027.9 No hydrofoil or air cushion vessel or vehicle shall exceed a speed of six (6) statute miles per hour in any of the following areas:

(a) Upstream of the Arlington Memorial Bridge;

(b) In the Washington Channel; or

(c) Within the area of the Potomac River west of a line between Hunter Point and Daingerfield Island.

1027.10 Reserved for Speed Limits set by the Mayor in accordance with § 1027.1.

History

• SOURCE: Article 29 § 5 of the Police Regulations of the District of Columbia (January 1983); as amended by section 8(b)(2) of D.C. Law 11-248, the “Boating While Intoxicated Act of 1996 (44 DCR 2606) incorporating by reference the text of D.C. Act.

19 DCMR § 1028 ANCHORING AND MOORING

1028.1 The Mayor is authorized to abolish existing anchorage areas in District of Columbia waters, whether established by law in the D.C. Code or by local regulation, and to establish new anchorage areas in such locations as the Mayor shall determine pursuant to section 895 of An Act to establish a code of law for the District of Columbia, approved March 3, 1901 (31 Stat. 1331; D.C. Code § 22-1701 (1996 Repl.).

1028.2 In abolishing or establishing anchorage and mooring areas, the Mayor shall comply with section 105 of the D.C. Administrative Procedure Act (D.C. Code § 1- 1505 (1999 Repl. Vol.)).

1028.3 The Mayor is authorized to promulgate regulations relating to the proper use of anchorage areas in District of Columbia waters.

1028.4 No vessel or amphibian aircraft shall be anchored in a manner or location that obstructs channels in District of Columbia waters, or in portions of District of Columbia waters designated by the Harbor Master as areas where anchorage is prohibited.

1028.5 No vessel or amphibian aircraft shall be anchored in District of Columbia waters, other than in established anchorage areas, in excess of twenty-four (24) hours without the prior approval of the Harbor Master.

1028.6 No vessel or amphibian aircraft shall be anchored in portions of the District of Columbia waters designated by the Harbor Master as areas where anchorage is prohibited.

1028.7 Vessels coming up to anchor within District of Columbia waters shall comply with applicable federal laws and regulations requiring anchor lights on vessels at anchor on navigable waters of the United States.

1028.8 No person other than the Harbor Master shall place mooring buoys in District of Columbia waters; provided, that nothing contained in this subsection shall be construed as prohibiting the continued use and maintenance of mooring buoys placed prior to the effective date of the “Harbor and Boating Safety Emergency Act of 1979,” subject to regulations that the Mayor may prescribe.

1028.9 The Harbor Master is authorized to remove any mooring buoy that is placed, used, and maintained in violation of § 1028.8 or any regulations promulgated under that subsection.

History

• SOURCE: Article 29 § 8 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1029 ENTERING DESIGNATED OR RESTRICTED AREAS

1029.1 Except with the permission of the Harbor Master, no owner, operator, or person otherwise in charge or control of any vessel shall allow that vessel to enter into or remain in any area in District of Columbia waters designated by the Mayor or other proper authority as a restricted area for use for a regatta, race, marine parade, marine tournament, marine exhibition, or similar organized aquatic event, or designated by the Harbor Master or other proper authority as a restricted area in the vicinity of an emergency.

1029.2 The Harbor Master shall remove, or cause to be removed, and may impound any vessel entering into or remaining in any restricted area without his or her permission.

1029.3 Any owner, operator, or person otherwise in charge or control of a vessel who enters into a restricted area, or fails or refuses to remove the vessel from a restricted area, shall be in violation of this section.

1029.4 Nothing contained in this section shall be construed as prohibiting the passage through restricted areas of vessels operated by the governments of the United States or District of Columbia.

1029.5 This section and other applicable provisions of this chapter shall be controlling as to any aquatic event held in District of Columbia waters, except to the extent that they are inconsistent or in conflict with any laws or regulations administered by the Coast Guard relating to a particular aquatic event held under the supervision of the Coast Guard.

1029.6 Whether using self-contained or surface-supplied air or engaged in mixed gas diving within the meaning of 29 CFR § 1910.402, a person diving in District of Columbia waters shall display, in the manner provided by the Mayor by regulation, a diving flag of a type approved by the Mayor. The flag shall be red in color with a white diagonal stripe.

1029.7 No vessel, except for the vessel or vessels attending the diver, shall operate within one hundred fifty feet (150 ft.) of any flag displayed in accordance with § 1029.6.

1029.8 Nothing contained in this section shall be construed as amending, superseding, or in any way changing the prohibition against diving contained in 21 DCMR § 530.

History

• SOURCE: Article 29 § 9 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1030 OBSTRUCTING DOCKS, CHANNELS, OR OTHER VESSELS

1030.1 No person shall operate, or cause to be operated, any vessel in a manner that obstructs, hinders, or impedes the movement or progress of any other vessel when that other vessel is turning, docking, or getting underway from or to any dock or anchorage.

1030.2 No person owning, operating, or otherwise in charge or control of any vessel occupying any dock or slip at any wharf or pier under the District’s jurisdiction, shall place, or cause to be placed, or allow to remain, on the wharf or pier adjacent to that dock or slip any box, barrel, metal container, lumber, crate, basket, bucket, tub, keg, carton, bottle, garbage, paper, rubbish, or any other material of any kind whatsoever.

1030.3 Nothing contained in this section shall be construed as prohibiting the use of any wharf or pier for a period not to exceed two (2) hours during business hours for the customary and necessary handling of goods, wares, and merchandise in transit from a vessel to a location elsewhere than on the wharf or pier.

1030.4 The permissible use of a wharf or pier under § 1030.3 shall not be construed as authorizing the use of space on a wharf or pier for storage purposes, or for the crating or uncrating, boxing or unboxing, or packing or unpacking of goods and materials being shipped or received.

1030.5 The owner, operator, or other person in charge or control of a vessel may place one well-constructed and well-maintained box on that portion of the wharf or pier immediately adjacent to the dock or slip occupied by the vessel for the purpose of storing non-flammable gear and other non-flammable property pertaining to the vessel.

1030.6 The box allowed under § 1030.5 shall occupy not more than twelve square feet of space on the wharf or pier, and shall be no more than thirty-six inches (36”) in width.

1030.7 The box allowed under § 1030.5 shall not be placed on or over the outside edge of the wharf or pier, shall not extend toward the center of the wharf or pier more than one-fourth (1/4) of the full width of the wharf or pier so as to leave a clear passageway of at least two feet (2 ft.) in width, shall be equipped with an adequate locking device, and shall be placed at a height of two inches (2 in.) above the floor level of the wharf or pier.

1030.8 No person owning, operating, or otherwise in charge or control of any vessel shall sink, beach, or abandon the vessel in District of Columbia waters, or upon any shore adjacent to those waters, except in case of an emergency.

1030.9 In the case of an emergency, the person sinking, beaching, or abandoning a vessel shall notify the Harbor Master immediately, and shall remove the vessel within five (5) days, unless the Harbor Master grants, in writing, that person an extension of time to remove the vessel.

1030.10 When no emergency exists, or when the Harbor Master is not notified immediately, each day that a vessel remains sunken, beached, or abandoned in District of Columbia waters or upon any shore adjacent to the District of Columbia waters shall constitute a separate offense.

1030.11 In the case of an emergency, each day that a vessel remains sunken, beached, or abandoned in District of Columbia waters, or upon any shore adjacent to those waters, after the fifth day following that sinking, beaching, or abandonment, or after the expiration of any extension of time pursuant to this section, shall constitute a separate offense.

1030.12 The Harbor Master is authorized to remove any sunken, beached, or abandoned vessel that is not removed by the owner, operator, or person otherwise in charge or control of the vessel within the time specified by this section, or that creates an obstruction or other hazardous condition irrespective of the time allowed in this section for the removal of the vessel.

1030.13 The Harbor Master’s exercise of, or failure to exercise, authority to remove a vessel under § 1030.12 shall not constitute a waiver of any violation of this section.

1030.14 If the Harbor Master exercises authority to remove a vessel, the owner, operator, or other person in charge or control of the vessel shall be liable for the costs of removing the vessel, in addition to any other penalties imposed by this chapter.

1030.15 No operator or person otherwise in charge or control of any vessel shall tie the vessel to any seawall or bridge in District of Columbia waters, except in the case of an emergency.

1030.16 No vessel shall be tied to any buoy, structure, or aid to navigation maintained by the Coast Guard or the District, or to any privately maintained buoy, structure, or aid to navigation.

1030.17 No person owning or in charge or control of a vessel within the jurisdiction of the District shall moor the vessel or extend a line or lines from the vessel in a manner that interferes with the use of or obstructs the passage to any dock or slip of any wharf or pier.

1030.18 Nothing contained in this section shall be construed as applying to that part of the District of Columbia water frontage lying south of Maine Avenue, between Eleventh and Twelfth Streets, S.W., including the buildings and wharves on that frontage.

1030.19 Nothing contained in this chapter shall be construed as amending, superseding, or in any way changing 24 DCMR § 405.

1030.20 Nothing contained in this chapter shall be construed as amending, superseding, or in any way changing 21 DCMR § 503.6.

History

• SOURCE: Article 29 §§ 16 and 21 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1031 COLLISIONS, ACCIDENTS, AND CASUALTIES

1031.1 To the extent that he or she can do so without serious danger to his or her own vessel or persons aboard, the operator of a vessel involved in a collision, accident, or other casualty shall render all practical and necessary assistance to persons affected by the collision, accident, or casualty to save them from or minimize any danger caused by the collision, accident, or casualty.

1031.2 An operator of a vessel involved in a collision, accident, or other casualty shall give, in writing, his or her name, address, and the identification of his or her vessel to any person injured and to the owner of any property damaged.

1031.3 The duties imposed by this section shall be in addition to any duties otherwise imposed by other law or regulation.

1031.4 The operator (or the owner if the operator is incapable or unavailable) of a vessel shall file a written accident or casualty report with the Metropolitan Police Department on the form prescribed by the Chief of Police when, as a result of an incident that involves the vessel or its equipment, one of the following occurs:

(a) A person dies;

(b) A person is injured and requires medical treatment beyond first aid;

(c) Damage to the vessel and other property totals more than two hundred dollars ($200), or there is a complete loss of a vessel; or

(d) A person disappears from the vessel under circumstances that indicate death or injury.

1031.5 Accident or casualty reports required by § 1031.4 shall be filed within ten (10) days of the incident or death, except in the following instances:

(a) If a person dies within twenty-four (24) hours of the incident, the report shall be filed within forty-eight (48) hours of the incident; or

(b) If a person is injured and requires medical treatment beyond first aid, or disappears from a vessel, the report shall be filed within forty-eight (48) hours of the incident.

1031.6 Notwithstanding the provisions of § 1031.5, if a person dies or disappears from a vessel as a result of an incident that involves the vessel or its equipment, the operator (or the owner if the operator is incapable) of the vessel shall immediately notify the Harbor Master.

1031.7 Accident or casualty reports filed under this section shall not be open to public inspection or release; provided, that nothing contained in this subsection shall be construed as prohibiting the inspection of a report by any person named in the report or his or her designated representative, or the furnishing of copies of the report to those persons upon the payment of the costs of furnishing the copies.

1031.8 Nothing contained in this section shall be construed as prohibiting the disclosure of accident or casualty reports to officials of the governments of the United States, the District of Columbia, or any state or subdivision of a state, for official purposes, or the use of those reports by those officials in any administrative or judicial proceeding in which such governments are interested.

History

• SOURCE: Article 29 § 14 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1032 EXPLOSIVES, GASOLINE, AND VOLATILE LIQUIDS

1032.1 No vessel without a power unit permanently installed within its hull shall dispense gasoline, fuel oil, or any other flammable oils or petroleum products in District of Columbia waters without a special permit issued by the District of Columbia.

1032.2 Nothing contained in this section shall apply to an oil company licensed to do business in the District of Columbia that is transferring gasoline, fuel oil, or other flammable oils or petroleum products to a public utility or government agency.

1032.3 No gasoline or other similar volatile liquid shall be kept for sale on board any vessel in District of Columbia waters without a permit or license issued by the Fire Chief.

1032.4 Prior to issuing a permit or license under § 1032.3, the Fire Chief shall require an applicant to furnish a valid certificate of inspection issued by the Coast Guard as evidence that the vessel is suitable for its intended use.

1032.5 All rules and regulations promulgated by the Coast Guard relating to tank vessels shall be observed.

1032.6 While tied to any wharf or pier within the District of Columbia, no fuel vessel that has gasoline or oils aboard for sale shall dispense gasoline or oils for use in any motor vehicle.

1032.7 All vessels that have gasoline or oils aboard for sale shall be equipped with and use anchor and tie lines of metal, chain, or cable.

1032.8 All vessels carrying storage tanks equipped with facilities for dispensing gasoline shall empty and thoroughly purge all of these storage tanks before the vessel is laid up for storage or repairs within the District of Columbia.

1032.9 Fuel vessels shall be open to inspection by the Harbor Master and the Fire Chief.

History

• SOURCE: Article 29 § 10 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1033 PREVENTION OF WATER POLLUTION

1033.1 Discharging, depositing, throwing, or spilling any crude petroleum, gasoline, or other similar volatile liquids, or any waste, whether solid or liquid, in District of Columbia waters from a vessel is prohibited.

1033.2 No person shall pump or empty the bilge water or any bilge residue from the bilges of any steamship, tugboat, tanker, oil barge, or other vessel that burns or conveys oil or distillates while the vessel is in District of Columbia waters.

History

• SOURCE: Article 29 § 11 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1034 EQUIPMENT STANDARDS

1034.1 No owner, operator, or other person having charge or control of any vessel shall permit or cause that vessel to be underway in District of Columbia waters, unless the vessel has on board the requisite number and type of approved personal floatation devices for each person on board for that type of vessel, as determined by the Coast Guard.

1034.2 All vessels and associated equipment on all vessels shall comply with the requirements and standards promulgated pursuant to the “Federal Boat Safety Act of 1971” (46 U.S.C. §§ 1451 et seq.) and the “Motorboat Act of 1940” (46 U.S.C. §§ 526 et seq.).

1034.3 Each vessel carrying passengers for hire, and all commercial vessels forty feet (40 ft.) and over not carrying passengers for hire, shall have at least one type I Coast Guard-approved personal floatation device of a suitable size for each person on board.

1034.4 Each commercial vessel not hired for the purpose of carrying passengers that is less than forty feet (40 ft.) in length shall have at least one type I, II, or III Coast Guard- approved personal floatation device of a suitable size for each person on board.

1034.5 Except as specifically provided in §§ 1034.3 and 1034.4, all vessels shall have on board the requisite number and type of approved personal floatation devices for each person on board for the type of vessel underway, as determined by the Coast Guard.

1034.6 All vessels and associated equipment on all vessels shall comply with boat and safety equipment standards promulgated pursuant to the “Federal Boat Safety Act of 1971” (45 U.S.C. §§ 1451 et seq.).

1034.7 The Mayor may promulgate additional regulations, not inconsistent with § 10 of the “Federal Boating Safety Act of 1971” (46 U.S.C. § 1459) and the regulations promulgated under that statute, relating to requirements for associated equipment on vessels.

1034.8 Coast Guard-approved personal floatation devices designed to be worn shall be in good and serviceable condition and readily accessible at all times to each person on board a vessel.

1034.9 Coast Guard-approved personal floatation devices designed to be thrown shall be in good and serviceable condition and placed on board so as to be immediately available at all times.

History

• SOURCE: Article 29 § 6 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1035 MUFFLERS AND NOISE CONTROL

1035.1 A vessel that is propelled by internal combustion engines shall be equipped with mufflers constructed and maintained to prevent any unnecessary, intense, or prolonged noise in the operation or management of the vessel.

1035.2 Mufflers shall not be removed or rendered inoperative for any purpose whatsoever; provided, that during regattas, races, or similar events subject to regulation under § 1039 of this chapter, a participating vessel shall be exempt from the requirements of this section.

1035.3 Nothing contained in this section shall apply to vessels equipped with underwater exhaust systems, or to vessels discharging water through open exhaust pipes, so long as these methods of silencing the exhaust are effective.

1035.4 It shall be unlawful for any person to use any horn, bell, siren, or compression or exhaust whistle upon any vessel in District of Columbia waters, except as follows:

(a) When the uses are required or permitted by the Navigation Rules; or

(b) During public ceremonies or similar festive occasions.

1035.5 Owners or operators of vessels using District of Columbia waters shall not operate generators, pumps, or other noisemaking devices so as to create a nuisance.

History

• SOURCE: Article 29 § 19 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1036 BOAT LIVERIES

1036.1 The owner of a boat livery shall cause to be kept a record of the name and addresses of each person renting, leasing, or chartering any vessel; the name and addresses of all persons to be carried on the vessel; the identification number of the vessel; the date and time of departure; and the expected date and time of return.

1036.2 The record required by § 1036.1 shall be preserved for at least six (6) months, and shall be subject to inspection by the Harbor Master or his or her authorized representatives.

1036.3 Neither the owner of a boat livery nor his or her agent or employee shall permit any vessel to depart from his or her possession, unless it has been provided, either by the owner or the leasee, with the equipment required by § 1034 and any regulations promulgated under that section.

1036.4 No person engaged or employed in the business of renting canoes in the District of Columbia shall rent any canoe without first instructing the person or persons renting the canoe in its operation and in the use of the personal floatation devices with which it is equipped.

1036.5 Instructions under § 1036.4 may be either oral or written, and shall include instructions substantially equivalent to those prescribed by the Mayor pursuant to § 1036.6 of this section.

1036.6 The Mayor is authorized to prescribe minimum standards for canoe safety instructions, including standards relating to the need for warning persons renting canoes to avoid standing up in them while underway; and an explanation of basic canoe strokes, rules of the road for vessels, the meaning of channel marker buoys, and the meaning of distress signals for small boats.

History

• SOURCE: Article 29 § 7 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1037 [RESERVED]

19 DCMR § 1038 ADVERTISING

1038.1 No word, letters, or characters which advertise, in any manner, any activity, event, location, business, commodity, or product not existing, maintained, located, conducted, or sold on a vessel shall be placed on, attached to, or maintained on the exterior of that vessel, or any part or appurtenance of that vessel, without a permit issued by the Mayor.

1038.2 No sign, banner, or flag advertising a business conducted on, or commodities or products sold on, any vessel of a size greater than ten square feet in area shall be painted on, printed on, placed on, attached to, or maintained on the exterior of the vessel.

1038.3 No more than two (2) signs, ten square feet or less in area, may be used on any vessel. The signs shall be displayed with one (1) sign on the port side and one (1) sign on the starboard side of the vessel.

History

• SOURCE: Article 29 § 20 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1039 WATER SPORTS

1039.1 When water contact sports are allowed under District of Columbia laws and regulations, no person shall operate a vessel on any District of Columbia waters for towing a person or persons on water skis, aquaplanes, surfboards, or similar devices, nor shall any person engage in water skiing, aquaplaning, surfboarding, or other similar activities, unless there is in that vessel a person, in addition to the operator, of not less than twelve (12) years of age who is in a position to observe the progress of the person or persons being towed.

1039.2 No person shall operate a vessel on any District of Columbia waters for towing a person or persons on water skis, aquaplanes, surfboards, or similar devices, nor shall any person engage in water skiing, aquaplaning, surfboarding, or other similar activities, at any time during the night.

1039.3 The provisions of §§ 1039.1 and 1039.2 shall not apply to a performer engaged in a professional exhibition authorized under a permit issued by the Mayor pursuant to § 1040.

1039.4 No person shall swim or dive from any vessel that is turning into or from any anchorage or docking, or getting underway from any anchorage.

1039.5 No person shall swim or dive in the marked channels of the harbor, or from any bridge, wharves, or piers in or adjacent to those channels.

1039.6 No person shall swim or dive within one hundred (100) yards of any vessel that is loading or discharging passengers or freight.

1039.7 Except as permitted by the Harbor Master under safe conditions, no person shall engage in any recreational activities that include, or may result in, direct physical contact with ice on District of Columbia waters. These activities shall include, but not be limited to, walking on the ice, ice skating, ice sledding, ice boating, ice fishing, and the use of a vehicle or other device on the ice.

1039.8 Activities prohibited under § 1039.7 shall not include the use of vessels, diving for non-recreational purposes as governed by Title 24 of the District of Columbia Municipal Regulations, or fishing from the shore or any structurally sound piers, wharves, bulkheads, or other works located in District of Columbia waters.

1039.9 No person shall throw, push, or drop any vehicle, animal, device, debris, waste, or matter onto the ice on District of Columbia waters; nor shall any person permit or cause any matter to come into contact with the ice on District of Columbia waters.

1039.10 Nothing contained in this section shall be construed as amending, superseding, or in any way changing the prohibition against water contact, recreational activity, or animal contact with the Potomac River, the Anacostia River, the Washington Ship Channel, Rock Creek, or Oxon Run as specified in 21 DCMR § 508.

History

• SOURCE: Article 29 § 13 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1040 REGATTAS, RACES, AND OTHER AQUATIC EVENTS

1040.1 The Mayor is authorized to regulate the holding of regattas, races, marine parades, marine tournaments, marine exhibitions, and similar aquatic events which by their nature, circumstance, or location will introduce extra or unusual hazards to the safety of life on any District of Columbia waters; and to promulgate regulations relating to the safety of vessels, any persons on vessels, either participating in or observing those activities.

1040.2 No regatta, race, marine parade, marine tournament, marine exhibition, or similar aquatic event shall be held in District of Columbia waters without a permit issued by the Mayor.

1040.3 An application for a permit shall be filed at least thirty (30) days prior to the proposed aquatic event; and shall include the date, time, and location of the proposed aquatic event, and any other information that the Mayor may require.

1040.4 Nothing contained in this section shall be construed as exempting any person from complying with any other applicable federal or District of Columbia law or regulation.

1040.5 Securing a permit from a U.S. government agency shall not exempt a person from obtaining the permit required by § 1040.2.

History

• SOURCE: Article 29 § 15 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1041 SHOW BOATS, FLOATING NIGHT CLUBS, AND USE OF VESSELS FOR HOUSING

1041.1 No vessel that is used, or is intended for use, as a show boat, restaurant, floating night club, or other place of amusement may anchor or operate in District of Columbia waters, or tie up to any wharf or other place in District of Columbia waters, without prior approval of the Mayor.

1041.2 Vessels obtaining permission to operate under § 1041.1 shall comply with all applicable federal and District of Columbia laws and regulations.

1041.3 In making decisions governing the operation or anchoring of vessels described in this section, the Mayor shall comply with the D.C. Administrative Procedure Act.

1041.4 Except as otherwise provided by the Mayor by regulation, no vessel or floating construction that is anchored or moored in District of Columbia waters, or that is docked or berthed at any of the wharves, piers, bulkheads, or other works on any part of the waterfront properties adjacent to any waters under the jurisdiction of the District of Columbia, shall be used for multi-family dwelling purposes.

History

• SOURCE: Article 29 § 17 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1042 AMPHIBIAN AIRCRAFT

1042.1 Except in the case of an emergency, or except as otherwise provided by the Mayor by regulation, no amphibian aircraft shall land upon, takeoff from, operate on, or anchor in District of Columbia waters without the prior written approval of the Mayor.

1042.2 In issuing regulations to govern the operation of amphibian aircraft on District of Columbia waters, the Mayor shall comply with § 105 of the D.C. Administrative Procedure Act (D.C. Code § 1-1505 (1999 Repl.)).

History

• SOURCE: Article 29 § 18 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1043 ANACOSTIA RIVER DRAWBRIDGE

1043.1 The person in charge of the new Anacostia Bridge shall display a green semaphore by day and a green light at night upon each operation house while the draw is open, and a red flag by day and a red light at night at the center of the draw while the draw is closed.

1043.2 The semaphore shall be of sufficient size, and the lights of sufficient candlepower to be visible from a distance of at least one (1) mile.

1043.3 A person in charge of a boat or vessel desiring to pass the drawbridge shall signal approach to the bridge keeper by means of a horn or steam whistle.

History

• SOURCE: Article 25 §§ 1 and 2 of the Police Regulations of the District of Columbia (January 1983).

19 DCMR § 1099 DEFINITIONS

1099.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Act - the District of Columbia Boat Titling Act of 1983.

Associated equipment - any of the following:

(a) Any system, part, or component of a boat as originally manufactured, or any similar part or component manufactured or sold, for replacement, repair, or improvement of the system, part, or component;

(b) Any accessory or equipment for, or appurtenance to, a boat; or

(c) Any marine safety article, accessory, or equipment intended for use by a person on board a boat; but excluding radio equipment.

Boat - any vessel that is:

(a) Manufactured or used primarily for noncommercial use;

(b) Leased, rented, or chartered to another person for the person’s noncommercial use; or

(c) Engaged in the carrying of six (6) or fewer passengers.

Boat livery - any business that rents, leases, or charters any vessel, or that offers any vessel for rent, lease, or charter.

Channels - marked or unmarked waterways commonly used for navigation.

Charts - official scale maps that designate the anchorage areas, channels, and other areas and matters specified in this chapter.

Chief of Police - the Chief of the Metropolitan Police Department of the District of Columbia, or his or her authorized representatives.

Coast Guard - the United States Coast Guard, under the U.S. Department of Transportation or the federal department under which the Coast Guard is operating.

District - the District of Columbia

District Waters - the area of all navigable waters within the District of Columbia and the shores and structures adjacent to those waters.

Emergency law enforcement or fire vessel - any vessel that is operated under the authority of a government law enforcement agency or fire department with jurisdiction in District of Columbia waters, and which has its blue emergency lights activated or sirens sounding.

Fire Chief - the Fire Chief of the District of Columbia, or his or her authorized representatives.

Harbor lines - those limiting lines within the District of Columbia beyond which no piers, wharves, bulkheads, or other works shall extend or deposits be made as established by the Chief of Engineers, Corps of Engineers, U.S. Army, and the Mayor; approved by the Secretary of the Department of the Army; and on file with the Mayor.

Harbor Master - the official of the Metropolitan Police Department who commands the Harbor Unit or its successor, and his or her authorized representatives, including any police officer acting for the Harbor Master.

Hull identification number - the number assigned to the hull of a vessel by its manufacturer, home builder, or importer under 33 CFR § 181.

Identification number - the number assigned to a vessel by the Coast Guard, by a state or United States territory with a numbering system approved by the Secretary of the federal department in which the Coast Guard is operating, or by the District of Columbia under this chapter.

Manufacturer - any person engaged in the business of manufacturing or importing new and unused vessels for the purpose of sale or trade.

Mayor - the Mayor of the District, of Columbia or his or her authorized representatives.

Navigation rules - those federal laws and rules and regulations promulgated by the Secretary of the federal department in which the Coast Guard is operating relating to the navigation of vessels in navigable waters of the United States, including the “Pilot Rules for Inland Waters” 33 CFR § 80; and the “Navigation Rules for Inland Waters, Harbors, and Rivers Generally”, 33 USC 151 et seq.

Night - any time from sunset to sunrise and any other time when, due to insufficient light or unfavorable atmospheric conditions, persons, vessels, or other objects in the water or on the shore are not clearly discernible beyond a distance of five hundred feet (500 ft.). The term day means any time other than night.

Operator - any person who operates, or has charge, command, or control of the navigation or use of a vessel.

Owner - any person who claims lawful possession of a vessel by virtue of legal title, or who has an equitable interest in the vessel that entitles him or her to possession of the vessel.

Person - any individual, partnership, corporation, company, association, joint-stock association, firm, or governmental entity, and any trustee, receiver, assignee, or similar representative of the trustee.

Passenger - any person carried on board a vessel other than the following:

(a) The owner or the owner’s representative;

(b) The operator;

(c) Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or

(d) Any guest on board a vessel that is being used exclusively for pleasure purposes who has not directly or indirectly contributed any consideration for his or her carriage.

Racing shell, rowing scull, racing kayak, or racing canoe - any manually propelled boat that is recognized by a national or international racing association for use in competitive racing; in which all occupants row, scull, or paddle with the exception of a coxswain, if one is provided; and which is not designed to carry and does not carry any equipment not solely used for competitive racing.

Undocumented vessel - any vessel that does not have and is not required to have a valid marine document as a vessel of the United States.

Use - to operate, navigate, or employ.

Vessel - every description of watercraft, other than amphibian aircraft or seaplanes on the water, used or capable of being used as a means of transportation on the water.

History

• SOURCE: Commissioner’s Order 298426/38, effective April 26, 1940, established in Article 29 of the Police Regulations of the District of Columbia; as amended by § 1, Article 29 of the Police Regulations (1955) and (1970); as amended by § 2 of the Police Regulations (1981); as amended by § 2 of the Harbor and Boat Safety Act of 1979, effective September 28, 1979 (D.C. Law 3-25; 26 DCR 497 (August 3, 1979)); as amended by §§ 2(a) and (3) of the District of Columbia Boat Titling Act of 1983, effective March 14, 1984 (D.C. Law 5-58; 30 DCR 6293 (December 9, 1983); as amended by § 30(b) of the Uniform Certificate of Title for Vessels Act of 2014, effective March 11, 2015 (D.C. Law 20-215; 61 DCR 13083 (December 26, 2014)). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1099

19-11 RECREATIONAL USE OF PUBLIC SPACE

19 DCMR § 1100 TEMPORARY STREET CLOSINGS

1100.1 The temporary use of streets by private persons and organizations for activities of a recreational, educational, civic, or charitable nature may be authorized by the Secretary of the District of Columbia, subject to the conditions set forth in this section and the application procedures set forth in § 1101.

1100.2 Activities shall be sponsored (or co-sponsored, in the case of an organization) by either of the following:

(a) Three (3) adult residents of the District, twenty-one (21) years of age or older, residing in premises abutting the street for which temporary use is requested; or

(b) An organization that has headquarters, offices, or a meeting place in the District and has been in existence for more than sixty (60) days.

1100.3 The three (3) adult sponsors, or co-sponsors, as provided in § 1100.2, must be present to supervise the activities.

1100.4 The sponsors or co-sponsors shall provide at least one (1) additional monitor for each twenty-five (25) persons in excess of seventy-five (75) persons attending the activities.

1100.5 The co-sponsors and monitors shall be identified by the use of armbands or other appropriate means, to be supplied by the Secretary to the District.

1100.6 The hours during which the activities are to be held shall be set forth on the application and, if approved, upon the letter of authority; but in no event shall the activities be conducted later than 10:00 p.m.

1100.7 The area must be left in the same condition as it was prior to the activity.

1100.8 Sponsors shall be responsible for the removal of all litter within a period of twelve (12) hours after the conclusion of the activities.

1100.9 Refuse containers shall be provided for sanitation purposes by the Department of Environmental Services. Refuse containers shall be picked up by that Department.

1100.10 Loud speakers or other means of amplification may be authorized when requested in the application. The instruments shall be adjusted to accommodate only those people in the area of the activities, and so as not to disturb persons outside the confines of the block.

1100.11 No fee, collection, or donations shall be solicited or accepted at activities.

1100.12 The selling of pamphlets, food, beverages, or other articles is prohibited, except in compliance with the laws and regulations applicable to the solicitations or sales.

1100.13 The sponsors, co-sponsors, and monitors shall comply with any instructions from members of the Metropolitan Police Department or other District officials relating to the preservation of good order.

1100.14 The sponsors shall agree to indemnify and hold harmless, the District of Columbia, and its officers and employees in the event of injury to any person or damage to property arising out of the use of the street.

1100.15 The area to be used for the activities shall not exceed that part of a street located between two (2) intersecting streets.

1100.16 If any one (1) of the following agencies objects to the use of the street, action on the application shall be decided by the Mayor:

(a) D.C. Department of Transportation;

(b) D.C. Fire Department;

(c) Metropolitan Police Department; or

(d) Washington Metropolitan Area Transit Commission.

1100.17 Activities shall not be permitted within two (2) blocks of any zone of quiet established under District noise control regulations.

1100.18 Upon approval of the application, the District Secretary shall prepare a letter of authorization which shall be obtained by the applicant at the appropriate police precinct.

1100.19 The letter of authorization provided in § 1100.18 shall be kept available at the scene of the activities, and shall be exhibited upon request to any member of the Metropolitan Police Department or other District officials.

1100.20 Any person who knowingly and willfully falsifies the signatures required by § 1101, furnishes false signatures, sponsors or conducts an activity on public space without authorization, or in any way violates any other provisions of this section or § 1101, shall, upon conviction, be punished by fine of not more than three hundred dollars ($ 300) or imprisoned for not more than ten (10) days.

History

• SOURCE: Final Rulemaking published at 38 DCR 4096 (July 5, 1991).
• AUTHORITY: Unless otherwise noted, the authority for this chapter is D.C. Code, Section 8-127 and 8-137 (1989).

19 DCMR § 1101 APPLICATION FOR TEMPORARY STREET CLOSING

1101.1 Application for temporary street closing shall be filed in the office of the

District Secretary on forms provided by the Secretary.

1101.2 If activities are sponsored by three (3) adult residents, the signatures and addresses of all three (3) sponsors shall appear on the application form.

1101.3 In the case of an organization sponsoring activities, the application shall be signed by a duly authorized officer of the sponsoring organization, and by three (3) adult co-sponsors who satisfy the residence requirement of § 1100.2.

1101.4 An application shall be filed sufficiently in advance of the proposed closing to allow a minimum of four (4) days, exclusive of Saturdays, Sundays, and holidays, between the date of filing the application and the date of the scheduled event.

1101.5 Each application shall be accompanied by the signatures and addresses of at least fifty-one percent (51%) of the adult householders (the head of a household or family) and proprietors of the business establishments occupying the premises abutting the street for which temporary use is requested.

1101.6 The signatures required by § 1101.5 shall be submitted on forms prescribed by the Secretary.

1101.7 Application and signature forms shall be available in the office of the District Secretary, and at police and fire stations.

1101.8 If it is contemplated that food or beverages will be served at or during activities, the applicant shall describe on the application the kinds of food and beverages to be served, and the District Secretary shall forward that description to the Department of Human Services for review and any necessary approvals.

19 DCMR § 1102 [RESERVED]

19 DCMR § 1103 [RESERVED]

19 DCMR § 1104 [RESERVED]

19 DCMR § 1105 COMMUNITY BEAUTIFICATION PROJECTS

1105.1 Private persons and organizations may maintain or beautify parks, playgrounds, and recreation centers under the jurisdiction of the Department of Recreation and Parks.

1105.2 Maintenance or beautification of parks, playgrounds, and recreation centers under this section shall be performed in accordance with the provisions of a Cooperative Agreement to be entered into between the private person or organization and the Director of the Department of Recreation and Parks.

1105.3 The Cooperative Agreement shall include, but not be limited to, the conditions set forth in this section. These conditions shall be agreed to by the private person or organization desiring to maintain or beautify a park, playground, or recreation center.

1105.4 A person or organization desiring to enter into a Cooperative Agreement under this section shall submit to the Director of the Department of Recreation and Parks a plan for the maintenance or beautification of the park, playground, or recreation center.

1105.5 All maintenance and beautification work authorized by this section shall be performed in a manner that will not adversely affect the public health, safety, and comfort.

1105.6 Improvements made to parks, playgrounds, or recreation centers by private persons or organizations under this section shall become the property of the District of Columbia government.

1105.7 Nothing in this section shall be understood to permit the Director of the Department of Recreation and Parks to accept maintenance or beautification services from a private person or organization in circumstances that would be a violation of Chapter 18 of the District of Columbia Personnel Regulations.

1105.8 The District of Columbia reserves the right to remove immediately, and without prejudice to the District, any dangerous condition resulting from a. maintenance or beautification project authorized by this section, and reserves the right to terminate a Cooperative Agreement at any time.

History

• SOURCE: Final Rulemaking published at 38 DCR 4096 (July 5, 1991).

19-12 SIGHTSEEING TOUR COMPANIES AND GUIDES

19 DCMR § 1200 GENERAL DEFINITIONS

1200.1 Whenever used in this chapter, the term “tour guide” or “sightseeing tour guide” shall mean any person who engages primarily in the business of guiding or directing people to any place or point of interest in the District.

1200.2 Whenever used in this chapter, the term “sightseeing tour company” shall mean a business that employs a sightseeing tour guide.

History

• SOURCE: Final Rulemaking published at 57 DCR 6116 (July 16, 2010); as amended by Final Rulemaking published at 62 DCR 10687 (August 7, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1200

19 DCMR § 1201 GENERAL LICENSURE REQUIREMENTS

1201.1 No person shall offer to act as a sightseeing tour guide on the roads, sidewalks, public spaces, or waterways of the District of Columbia unless the person holds a valid sightseeing tour guide license issued by the Department of Consumer and Regulatory Affairs (Department).

1201.2 No sightseeing tour guide shall engage in business or do business with a company or individual not properly licensed by the Department as a sightseeing tour company, if required by District law.

1201.3 No business or entity shall offer, for a fee, to conduct walking tours or tours where customers operate self-balancing personal transport vehicles, mopeds, or bicycles unless the business or entity is licensed by the Department as a sightseeing tour company.

1201.4 No person other than a licensed sightseeing tour guide shall, by the use of a uniform or part of a uniform, or by the use of insignia, device, word or words, or sign, indicate that he or she is engaged in the business of furnishing a sightseeing tour guide service, either on his or her own behalf or on behalf of another.

1201.5 No person, other than a licensed sightseeing tour company or sightseeing tour guide may use the words “sightseeing,” “tours,” “guide,” or any combination of these words, to advertise the availability of sightseeing tour services. This prohibition shall not apply to the use of these words as part of the identifying lettering on vehicles coming into the District or to a tour that is not conducted for profit or compensation.

History

• SOURCE: Article 2, § 4 of the Police Regulations of the District of Columbia (1958), Commissioners’ Order 58-433 (March 25, 1958) published at 4 DCR 252 (April 7, 1958); as amended by Final Rulemaking published at 57 DCR 6116 (July 16, 2010). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1201

19 DCMR § 1202 APPLICATION FOR SIGHTSEEING TOUR COMPANY LICENSE; APPLICABLE REGULATIONS

1202.1 An application for a license to engage in business as a sightseeing tour company shall be made to the Director of the Department of Consumer and Regulatory Affairs (Director) on a form prescribed by the Director.

1202.2 A sightseeing tour company shall apply for a General Business basic business license and shall be subject to the regulations in section 1203 of this chapter and the regulations in Chapter 38 of Title 17 of the District of Columbia Municipal Regulations.

History

• SOURCE: Article 2, § 4 of the Police Regulations of the District of Columbia (1958), Commissioners’ Order 58-433 (March 25, 1958) published at 4 DCR 252 (April 7, 1958); as amended by Final Rulemaking published at 57 DCR 6116 (July 16, 2010). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1202

19 DCMR § 1203 APPLICATION FOR SIGHTSEEING TOUR GUIDE LICENSE

1203.1 A person applying for a sightseeing tour guide license shall:

(a) Be at least eighteen (18) years of age;

(b) Be proficient in the English language; and

(c) Not have been convicted or have served all or part of a sentence within the past five (5) years for a felony, or an attempt to commit a felony, of the following types:

A felony involving violence, the threat of violence, reckless driving, or any other action impacting the safety of others, if the Director determines that the record of such a felony indicates that licensure of the applicant as a sightseeing tour guide may pose a reasonable threat to the safety of others; or

A felony involving a breach of trust or dishonesty, unless the Director determines that the applicant is a person of sufficient honesty and integrity to act as a sightseeing tour guide.

1203.2 An applicant for a sightseeing tour guide license shall make a sworn statement as to the veracity of the statements contained in his or her application and pay all required fees related to licensure.

1203.3 [REPEALED].

History

• SOURCE: Article 2 §§ 5, 6, and 7 of the Police Regulations of the District of Columbia (1958), Commissioners’ Order 58-433 (March 25, 1958) published at 4 DCR 252 (April 7, 1958); as amended by the District of Columbia Age of Majority Act, effective July 22, 1976 (D.C. Law 1-75; 22 DCR 6454 (May 20, 1976)); as amended by Final Rulemaking published at 57 DCR 6116 (July 16, 2010); as amended by Final Rulemaking published at 62 DCR 10687 (August 7, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1203

19 DCMR § 1204 REQUIREMENTS FOR SIGHTSEEING TOUR COMPANIES

1204.1 A sightseeing tour company licensee engaged in the operation of sightseeing tour vehicles in the District shall obtain the necessary approvals of the District Department of Transportation, the District Department of Motor Vehicles, and the Washington Metropolitan Area Transit Commission.

1204.2 The approval of sightseeing tour vehicles required by § 1204.1 shall be evidenced by the display on each vehicle of the applicable license(s) or certificate(s) issued by the relevant government agencies.

1204.3 A vehicle operated by a licensed sightseeing tour company shall have at least one (1) licensed sightseeing tour guide on board the vehicle during its sightseeing tours in the District.

1204.4 Each sightseeing tour company shall ensure that its sightseeing tour vehicles comply with all District parking and traffic regulations.

1204.5 A sightseeing tour company licensee shall notify the Department within thirty (30) days after any change to the information provided on the application required by § 1202, including a change to the business address or telephone number of the licensee.

1204.6 The Director may, in connection with the consideration of a sightseeing tour company license application and from time to time during the license term, during regular business hours, require an applicant or licensee to make available to the Director, or the Director's agent, such information as the Director considers necessary to determine or verify whether the applicant or licensee has or retains the qualifications necessary for obtaining or retaining a license, or has violated or failed to comply with an applicable statute or regulation.

1204.7 Failure to make information available to the Director, failure to furnish to the Director information the Director is authorized to request by this chapter, or failure to furnish to the Director or to permit the Director to make copies of such records maintained by the applicant or licensee as the Director may specify, shall be grounds for denial, suspension, or revocation of a license.

History

• SOURCE: Article 2, § 6 of the Police Regulations of the District of Columbia (1955); as amended by Commissioners’ Order 58-433 (March 25, 1958), as published at 4 DCR 252 (April 7, 1958); as amended by Final Rulemaking published at 57 DCR 6116 (July 16, 2010); as amended by Final Rulemaking published at 62 DCR 10687 (August 7, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1204

19 DCMR § 1205 REQUIREMENTS FOR SIGHTSEEING TOUR GUIDES

1205.1 A sightseeing tour guide, while engaged in performing services as a sightseeing tour guide, shall conspicuously wear a badge bearing the licensee’s license.

1205.2 No sightseeing tour guide shall cause a customer to be taken to a point of interest without providing that the customer shall be taken from that location to the next point of interest to be visited in the course of the sightseeing tour. This provision shall not apply if:

(a) The customer fails to meet the sightseeing guide or vehicle at the predetermined time and location for departure to the next point of interest; or

(b) The customer makes other travel arrangements with the sightseeing tour guide

1205.3 No licensed sightseeing tour guide shall conduct a sightseeing tour unless the fees for the sightseeing tour have been disclosed in writing prior to the start of the tour.

1205.4 No sightseeing tour guide shall charge or attempt to charge a sum greater than the original charge for the tour, whether in payment for unsolicited merchandise, meals, or services, or for any other reason. This provision shall not apply if the customer specifically authorizes additional services from the sightseeing tour guide.

1205.5 A sightseeing tour guide licensee shall notify the Department within thirty (30) days after any change to the information provided on the application required by § 1203, including a change to the business address or telephone number of the licensee.

History

• SOURCE: Article 2, § 8 of the Police Regulations of the District of Columbia (1958), Commissioners’ Order 58-433 (March 25, 1958) published at 4 DCR 252 (April 7, 1958); as amended by Final Rulemaking published at 57 DCR 6116 (July 16, 2010). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1205

19 DCMR § 1206 COMPLAINT AND CONTACT INFORMATION

1206.1 All sightseeing tour companies or sightseeing tour guides shall furnish each person on a sightseeing tour with a card or ticket containing the following:

(a) The name, address, and telephone number of a person or office authorized to receive complaints relative to the conduct or any part of a sightseeing tour; and

(b) The name, address, and telephone number of the person, firm, or corporation responsible for the conduct and management of the tour.

1206.2 The authorized person or office specified under § 1206.1(a) shall be available to receive complaints during the regular business hours of each day that sightseeing tours are conducted by the sightseeing tour company.

History

• SOURCE: Final Rulemaking published at 57 DCR 6116 (July 16, 2010). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1206

19 DCMR § 1207 PROHIBITION ON VENDING

1207.1 No vending of any articles of merchandise shall be allowed by any licensee.

History

• SOURCE: Final Rulemaking published at 57 DCR 6116 (July 16, 2010). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1207

19 DCMR § 1208 DENIAL, SUSPENSION, OR REVOCATION OF LICENSES

1208.1 The Director may refuse to issue or renew, or may suspend or revoke, a sightseeing tour guide license or a sightseeing tour company license issued under this chapter for any reason set forth in this chapter or D.C. Official Code § 47-2844.

1208.2 The Director also may refuse to issue or renew, or may suspend or revoke, a sightseeing tour guide license or a sightseeing tour company license issued under this chapter on any of the following grounds:

(a) Conviction of the licensee of a criminal offense involving fraudulent conduct;

(b) Willful or fraudulent circumvention of a provision of District law or regulation relating to the conduct of the business;

(c) Employment of a fraudulent or misleading device, method, or practice relating to the conduct of the business; or

(d) The making of a false statement in the license application.

1208.3 All qualifications set forth in this chapter as a prerequisite to the issuance of a license shall be maintained for the entire license period. Failure to maintain a qualification during the license period shall be cause for suspension or revocation of the license.

History

• SOURCE: Article 2, § 9 of the Police Regulations of the District of Columbia (1958), Commissioners’ Order 58-433 (March 25, 1958) published at 4 DCR 252 (April 7, 1958); as amended by Final Rulemaking published at 57 DCR 6116 (July 16, 2010). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1208

19 DCMR § 1209 PENALTIES

1209.1 Each licensee shall be liable for all penalties provided for the violation of a provision of this chapter, whether the violation is committed by the licensee or the licensee’s agent or employee.

1209.2 Pursuant to D.C. Official Code § 47-2846, a person violating any provision of this chapter shall, upon conviction, be fined not more than three hundred dollars ($300) or imprisoned for not more than ninety (90) days, or both.

1209.3 A person whose license as a sightseeing tour company or sightseeing tour guide has been suspended or revoked, and who, after due notice in writing of the suspension or revocation, fails or refuses to surrender the license and badge as directed, or who violates any provision of this chapter, shall, upon conviction, be fined not more than two thousand dollars ($2,000) or imprisoned for not more than ninety (90) days, or both.

1209.4 Civil fines, penalties, and fees may be imposed as alternative sanctions for an infraction of this chapter pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq.) (“Civil Infractions Act”). Adjudication of an infraction of this chapter shall be pursuant to Titles I-III of the Civil Infractions Act.

History

• SOURCE: Article 2, § 9(d) of the Police Regulations of the District of Columbia (1958), Commissioners’ Order 58-433 (March 25, 1958) published at 4 DCR 252 (April 7, 1958); as amended by Final Rulemaking published at 57 DCR 6116 (July 16, 2010). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1209

19-13 AMUSEMENTS AND ENTERTAINMENT

19 DCMR § 1300 CIRCUSES, CARNIVALS, CONCERTS, AND OTHER PERFORMANCES

1300.1 A circus, rodeo, carnival, fair, performance, singing, playing of musical or other instruments, dancing or amusement of any kind, or preaching, exhorting, or lecturing may be conducted or operated in a tent or temporary structure of any kind, on vacant land, or in a yard or area appurtenant to any building, subject to the conditions set forth in this section and § 1301.

1300.2 No amusement, carnival, fair, performance, signing, playing of musical or other instruments, or dancing shall be conducted for a total of more than ten (10) days at any single location, unless authorized by the Mayor.

1300.3 No circus or rodeo shall operate for more than a total of ten (10) days in any calendar year, unless authorized by the Mayor.

1300.4 No preaching, exhorting, or lecturing shall be conducted for a total of more than thirty (30) days at any single location.

1300.5 The permissible total days any of the activities listed in §§ 1300.2 through 1300.4 may be conducted or operated need not necessarily be consecutive days.

1300.6 None of the activities listed in § 1300.1 shall be conducted in a location that is within five hundred feet (500’) of a college, university, or public, private or parochial school during the hours that any class is in session.

1300.7 None of the activities listed in § 1300.1 shall be conducted on the secular days of the week after 11:30 p.m., nor on Sundays, except between the hours of 1:00 p.m. and 11:00 p.m.; provided, that preaching, lecturing, or exhorting may be conducted between the hours of 9:00 a.m. and 11:00 p.m. on Sundays.

1300.8 Merry-go-rounds, flying horses, ferris wheels, or similar devices shall be permitted only in conjunction with a circus, rodeo, carnival or fair, except as provided in § 1310.

1300.9 The provisions of this section shall not be applicable to persons holding lawn parties on private premises for which no admission fee is charged, and where the music is produced only by stringed instruments.

1300.10 Any person violating any of the provisions of this section or § 1301, whether owner, operator, manager, or other person in control of the premises, or managers or persons participating in any of those activities, shall, upon conviction, be punished by a fine of not more than three hundred dollars ($ 300).

History

• SOURCE: Article 6 § 1(c)-(g) and Article 30 § 4 of the Police Regulations (January 1983); as amended by Regulation No. 74-39 effective December 3, 1974; as amended by Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223; 57 DCR 6242, 6266 (July 23, 2010)). District of Columbia Municipal Regulations Amusements, Parks and Recreation 19 DCMR § 1300

19 DCMR § 1301 SPECIAL PERFORMANCE PERMITS

1301.1 The owner, operator, manager, or other person in charge of any of the activities listed in § 1300.1 shall either obtain a license from the Director of the Department of Consumer and Regulatory Affairs (the “Director”), in accordance with the License Act and applicable regulations, or a permit from the Chief of Police for all of the activities that do not require a license.

1301.2 The license or permit shall not be issued for any of the activities until the Fire Chief of the Fire Department, the Chief of Police, the Director of Public Health, and the Director of Consumer and Regulatory Affairs, or their respective agents, certify that the applicable laws and regulations enforced by each of them have been observed.

1301.3 Not later than ten (10) days before the date on which an activity is scheduled to commence, the owner, operator, manager, or other person in charge of the activity shall submit to the Director a plat secured from the D.C. Surveyor. On the plat shall be shown the location of the proposed activity, together with all of that area within a distance of three hundred feet (300’) from the perimeter of the lot(s), reservation(s), or parcel(s) of ground to be occupied by the activity, and the location of all property wholly or in part within that area.

1301.4 Not later than ten (10) days before the date on which an activity is scheduled to commence, the owner, operator, manager, or other person in charge of the activity shall obtain the written consent of seventy-five percent (75%) of the resident housekeepers and occupants of business establishments within a distance of three hundred feet (300’) from the perimeter of the lot(s), reservation(s), or parcel(s) of ground on which the activity is to be conducted. If the owner, operator, manager, or other person in charge of the activity is unable to obtain said written consent, and has made a good-faith effort to engage the affected residents and business establishments, and to mitigate objections raised by such persons, the Mayor shall have the discretion to issue the license or permit.

1301.5 The written consents required under § 1301.4 shall be in the form of a list containing, in numerical order by streets, the addresses and names of the resident housekeepers and occupants of business and other establishments domiciled or located on properties shown on the plat as being wholly or in part within the area, and the signature of those resident housekeepers and occupants of business and other establishments indicating they have no objection to the activity to be conducted within the area.

1301.6 Each page of the list described in § 1301.5 shall contain, at the top of the list, in capital letters, an explanation of the proposed activity, including its nature, the dates during which it is to be conducted, and the hours it is to be conducted on each of those dates.

1301.7 The list described in § 1301.5 shall be subject to investigation by the Metropolitan Police Department. Should the signature of any person be found not authentic, this shall be valid grounds to deny a license for the conduct of the activity.

1301.8 The requirements of this section shall not apply to any of the activities listed in § 1300.1 when those activities are conducted on public land officially designated by the Mayor or the federal government as a specific site on which any of the activities may be conducted or operated, or in any duly licensed stadium.

1301.9 A person or entity granted a permit in accordance with this section for an event where 100 or more attendees are anticipated shall provide infrastructure onsite for the separation and recycling of recyclable waste generated at the event. A permit holder who violates this subsection shall be subject to a fine of up to $5,000 per day.

History

• SOURCE: Article 6 § 1(a) & (b) of the Police Regulations (January 1983); as amended by Fiscal Year 2011 Budget Support Act of 2010, effective September 24, 2010 (D.C. Law 18-223; 57 DCR 6242, 6267 (July 23, 2010)); as amended by the Special Event Waste Diversion Amendment Act of 2014, effective August 8, 2014 (D.C. Law 20-134; 61 DCR 6342 (June 27, 2014)). District of Columbia Municipal Regulations Amusements, Parks and Recreation 19 DCMR § 1301

19 DCMR § 1302 SUNDAY CLOSINGS

1302.1 On Sundays, between the hours of 3:00 a.m. and 1:00 p.m., no owner, proprietor, lessee, tenant, or other person shall, in any public place of amusement, theatre, or other building (or any part of those places), permit, allow, or take part in any manner in any public exhibition of any entertainment, opera, play, motion-picture show, circus, animals, gymnastics, game, dance or dances, or vaudeville performances of any kind to which an admission fee is directly or indirectly charged.

1302.2 Nothing in this section shall be held or construed to change, abrogate, or annul the regulations in force for the protection of good order, public peace, and public safety.

History

• SOURCE: Article 17 § 1 of the Police Regulations (January 1983). District of Columbia Municipal Regulations Amusements, Parks and Recreation 19 DCMR § 1302

19 DCMR § 1303 RESERVED

19 DCMR § 1304 RESERVED

19 DCMR § 1305 DANCE HALLS AND OTHER PLACES OF ENTERTAINMENT

1305.1 A permit to conduct dances or entertainment of any kind in a hall or other place may be refused by the Mayor whenever that place, from the character of the applicant or the nature of the surroundings, is likely to become the scene of disorder or other violation of law. The license may be revoked at any time whenever a place becomes the scene of disorder or other violations of law.

1305.2 Any person protesting to action taken pursuant to § 1305.1, or the applicant or permittee, shall be entitled to a public hearing before the Board of Appeals and Review. The Board of Appeals and Review shall ascertain and report the facts and the Board’s advice regarding the appeal to the Mayor.

1305.3 The place for which a permit is sought or obtained shall be subject to inspection and supervision by the members of the police force at all times when open for business.

1305.4 No proprietor, manager, or employee of any place for which a permit is sought or obtained shall refuse admittance to any member of the police force who visits that place for the purpose of inspection or supervision, nor hinder or obstruct the officer in doing his or her duty. Each separate refusal or hindrance shall constitute a distinct offense.

1305.5 No person shall conduct or take part in any race, dance, or contest in which any individual shall participate for more than a total of twelve (12) hours in any consecutive twenty-four (24) hours.

1305.6 No female shall be permitted to be employed in any dance hall for the purpose of dancing with male patrons of the dance hall.

History

• SOURCE: Article 17 §§ 2-5 of the Police Regulations (January 1983). District of Columbia Municipal Regulations Amusements, Parks and Recreation 19 DCMR § 1305

19 DCMR § 1307 [REPEALED]

History

• SOURCE: § 2003(pp)(36) of the Second Omnibus Regulatory Reform Amendment Act of 1998, effective April 20, 1999 (D.C. Law 12-261; 46 DCR 3142 (April 9, 1999). District of Columbia Municipal Regulations Amusements, Parks and Recreation 19 DCMR § 1307

19 DCMR § 1308 [RESERVED]

19 DCMR § 1309 GAMBLING

1309.1 It shall be unlawful in the District to participate in any game of chance for money or property with dice, cards, or any gambling table or other gambling device adopted, devised, and designed for the purpose of playing any game of chance for money or property upon any public property or highway, or upon any vacant or unoccupied property that is so near to a public highway that it is seen or heard from the highway.

1309.2 Any person who violates the provisions of this section shall, upon conviction, be punished by a fine not to exceed three hundred dollars ($300).

History

• SOURCE: Article 25, § 7 and Article 30, § 4 of the Police Regulations (January 1983). District of Columbia Municipal Regulations Amusements, Parks and Recreation 19 DCMR § 1309

19 DCMR § 1310 MECHANICAL AMUSEMENT RIDES AND DEVICES

1310.1 Mechanical amusement rides and devices, including but not limited to merry-go-rounds and ferris wheels, used by or in conjunction with, and on property under the jurisdiction of the Department of Parks and Recreation (the “Department”) shall meet the requirements of this section.

1310.2 The Department shall require that the owner, operator, or contracting party for the amusement rides or devices has in effect a liability insurance policy having a minimum coverage of one hundred thousand dollars ($100,000) for bodily injury to one (1) person, and three hundred thousand dollars ($300,000) for bodily injury arising out of any single occurrence.

1310.3 The Department shall secure from the Mayor or the Mayor’s agent a certificate that the rides or devices have been inspected to ensure that each ride or device is equipped with the following:

(a) A safety clutch; and

(b) In the case of a ride or device having cars or receptacles which persons are permitted to occupy, hand rails of sufficient number and height, or other approved safeguards, to prevent persons from being thrown from the ride or device or coming into contact with parts of the ride or device.

1310.4 The Department shall obtain from the District Fire Marshal a certificate stating that the rides or devices, and related equipment, do not present a fire hazard.

1310.5 The inspections required under this section shall be conducted at least one (1) time each year, and periodically spot-checked at the discretion of the Department. Rides, devices, or equipment taken out of operation for more than thirty (30) days shall be inspected before being put back into operation.

1310.6 The Department of Parks and Recreation shall ensure that the Department of Human Services reviews the activities to prevent any unsanitary condition.

History

• SOURCE: Article 6, § 1(f)(1) of the Police Regulations (January 1983). District of Columbia Municipal Regulations Amusements, Parks and Recreation 19 DCMR § 1310

19-14 VIDEO ARCADES AND AMUSEMENT DEVICES

19 DCMR § 1400 GENERAL LICENSE PROVISIONS

1400.1 Any individual, partnership, or corporation owning or operating a video arcade or an establishment in which mechanical amusement machines are offered for public use shall be required to obtain an annual license for the operation of the video arcade or mechanical amusement machine, and to pay the required license fee.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is the “Police Regulations of the District of Columbia/Video Arcades and Mechanical Amusement Machines Regulations Amendment Act of 1984,” D.C. Law 5-88, effective June 29, 1984.
• SOURCE: D.C. Act 5-129, § 2(a) published at 31 DCR 2331 (May 18, 1984).

19 DCMR § 1401 APPLICATION FOR LICENSE

1401.1 Any individual, partnership, or corporation desiring a license for the purpose of owning or operating a video arcade or offering mechanical amusement machines for public use shall file with the Mayor an application in a form that the Mayor may prescribe.

1401.2 The application shall contain any additional information the Mayor may require.

1401.3 The application shall include, but not be limited to:

(a) the name, age, and residence of the applicant;

(b) the address and nature of business conducted by the applicant in the establishment for which the application is made;

(c) the number of mechanical amusement machines to be offered for public use at any time during the license year in the establishment for which the application is made; and

(d) the location or locations in the establishment at which mechanical amusement machines and their remote control devices, if any, will be stationed.

1401.4 The application shall be accompanied by a non-refundable fee, the amount of which shall be determined by the Mayor; provided that the fee shall not be less than $25.00.

History

• SOURCE: D.C. Act 5-129, § 2(b) published at 31 DCR 2331, 2332-33 (May 18, 1984).

19 DCMR § 1402 ISSUANCE OF LICENSE

1402.1 Prior to the issuance of a license for owning or operating a video arcade or for offering mechanical amusement machines for public use, the Mayor shall find that the applicant, if an individual, or if a partnership, each of the members of the partnership, or if a corporation, each of its principal officers, is not less than 21 years of age and has not, within five years prior to the filing of the application, been convicted of any felony.

1402.2 Subsection 1402.1 shall not operate to deny a license to own or operate a video arcade or establishment in which mechanical amusement machines are offered for public use to any person who, on the effective date of this act, is licensed to own or operate a video arcade or establishment in which mechanical amusement machines are offered for public use and who has not been convicted of any felony after the date of the issuance of such license in effect on the date that this act becomes law.

1402.3 In the case of an application for a license to own or operate a video arcade, the place for which the license is to be issued must be consistent with these regulations, considering such factors as the character of the premises, its surroundings, and the views of the persons residing or owning property in the vicinity of the premises for which the license is to be issued.

1402.4 Prior to the issuance of a license for the operation of a video arcade, the Mayor shall give notice by advertisement published twice a week for at least two weeks in a newspaper of general circulation published in the District of Columbia.

1402.5 The fee for the advertisement required by subsection 1402.4 shall be paid by the applicant at the time of filing of the application.

1402.6 The published advertisement required by subsection 1402.4 shall contain any information that the Mayor shall prescribe, and the information shall include, but not be limited to, a statement that interested persons are entitled to be heard prior to the granting of a license and designating the date prior to which any statements shall be considered in determining whether to grant the applicant a license.

1402.7 The applicant shall be required to post one notice, for ten days, in a conspicuous place on the outside of the premises for which the license is to be issued.

1402.8 The notice required by subsection 1402.7 shall contain any information that the

Mayor shall prescribe, and the information shall include, but not be limited to, a statement that interested persons are entitled to be heard prior to the issuance of a license and informing them of the date prior to which their statements shall be considered in determining whether to grant the applicant a license.

1402.9 The Mayor shall not issue a license for the operation of a video arcade or for offering mechanical amusement machines for public use to any establishment located within a radius of 600 feet of the property lines of the lot or parcel of ground upon which is located a public, private or parochial school in the District of Columbia.

1402.10 Subsection 1402.9 shall not be construed to apply to owners or operators of video arcades or establishments offering mechanical amusement machines for public use in operation on or prior to the effective date of the Police Regulations of the District of Columbia/Video Arcades and Mechanical Amusement Machines Regulations Amendment Act of 1984.

1402.11 The Mayor shall be authorized to establish and change from time to time the period for which any license to own or operate a video arcade or offer mechanical amusement machines for public use may be issued.

1402.12 Licenses for owning or operating a video arcade or for offering mechanical amusement machines for public use, issued at any time after the beginning of the license year, shall date from the first day of the month in which license was issued and end of the last day of the license year prescribed by the Mayor, and payment shall be made of the proportionate amount of the annual license fee; provided that no fee shall be prorated to an amount less than ten dollars.

History

• SOURCE: D.C. Act 5-129, § 2(c)-(g), published at 31 DCR 2331, 2333-36 (May 18, 1984).

19 DCMR § 1403 DENIAL OF APPLICATION

1403.1 In the event that an application for a license to operate a video arcade is denied, the Mayor shall provide the applicant with a written statement setting forth the reasons for the denial within thirty (30) days of the date of the denial, as evidenced by any written or verbal notification to the applicant that his or her applicant has been denied.

1403.2 Any applicant may appeal an adverse decision of the Mayor to the Board of Appeals and Review of the District of Columbia.

History

• SOURCE: D.C. Act 5-129, § 2(c)(2) published at 31 DCR 2331, 2334 (May 18, 1984).

19 DCMR § 1404 TRANSFER OF LICENSE

1404.1 Licenses granted for owning or operating a video arcade or for offering mechanical amusement machines for public use under the terms of these regulations may be assigned or transferred on application to the Department; provided that the transferee satisfies the conditions applicable to the granting of a license after the effective date of these regulations.

1404.2 Any license issued to a person or establishment owning or operating a video arcade or offering mechanical amusement machines for public use and exempt from the provisions of subsection 1402.9 of these regulations shall not be transferable or assignable.

History

• SOURCE: D.C. Act 5-129, § 2(h)-(i), published at 31 DCR 2331, 2335 (May 18, 1984).

19 DCMR § 1405 RENEWAL OF LICENSE

1405.1 Licenses issued to own or operate a video arcade or offer mechanical amusement machines for public use shall be renewed annually at a time and in the manner prescribed by the Mayor. The Mayor may refuse to renew a license where the licensee fails to file an application for renewal of his or her license within a reasonable period after expiration of that license.

1405.2 In the case of an application for renewal of a license to own or operate a video arcade or offer mechanical amusement machines for public use, the Mayor may require a fine to process a late application; provided that in no case shall a fine exceed $50.00.

1405.3 The license shall specify the number of authorized machines. If one mechanical amusement machine for which the license fee has been paid is replaced within the license year by another, the other mechanical machine shall not be considered as an additional machine.

History

• SOURCE: D.C. Act 5-129, § 2 (h)-(j) published at 31 DCR 2331, 2336-37 (May 18, 1984).

19 DCMR § 1406 DISPLAY OF LICENSE

1406.1 The license for owning or operating a video arcade shall be posted conspicuously in the premises of the licensee; provided that the face of such sign shall be no less than two feet square.

History

• SOURCE: D.C. Act 5-129, § 4 published at 31 DCR 2331, 2337 (May 18, 1984).

19 DCMR § 1407 PROHIBITIONS AND RESTRICTIONS

1407.1 No person, firm, association, or corporation owning or operating a video arcade or offering any mechanical amusement machine for public use shall permit any person under the age of sixteen (16) years to operate any of its machines between the hours of 8 a.m. and 3 p.m. on any day on which the public schools of the District of Columbia are in session during the regular school year. It shall be an affirmative defense to prosecution under this subsection that the defendant reasonably believed that the child was sixteen (16) years of age or older or that the child was not truant or unlawfully absent from school.

1407.2 No person, firm, association, or corporation owning or operating a video arcade or offering any mechanical amusement machine for public use and allowing persons under the age of eighteen (18) years on the business premises shall sell, deliver, distribute, or provide any obscene, indecent, or filthy mechanical amusement machines displaying specified sexual activities or specified anatomical areas as defined in section 199 of the Zoning Regulations of the District of Columbia on the premises. It shall not be a defense to prosecution under this section that the defendant reasonably believed that the child was 18 years of age or older.

History

• SOURCE: D.C. Act 5-129, § 5 published at 31 DCR 2331, 2337-38 (May 18, 1984).

19 DCMR § 1408 REVOCATION OF LICENSE

1408.1 Every license issued under this regulation is subject to the right, which is expressly reserved, to revoke the license should the licensee permit directly or indirectly the operation or maintenance of any video arcade or mechanical amusement machine contrary to the provisions of this regulation or any law or regulation in force in the District of Columbia.

1408.2 The license may be revoked by the Mayor of the District of Columbia after written notice to the licensee, setting forth the reasons therefor; provided that before any license is revoked the licensee shall be given an opportunity to answer and be heard.

History

• SOURCE: D.C. Act 5-129, § 6 published at 31 DCR 2331, 2338 (May 18, 1984).

19 DCMR § 1409 PENALTIES

1409.1 Any person, firm, association, or corporation owning or operating a video arcade, or offering mechanical amusement machines for public use which violates any provision of these regulations shall, upon conviction, be fined not more than $300.00 or imprisoned for not more than ninety days for each offense.

1409.2 Any person, firm, association, or corporation convicted of selling, delivering, distributing or providing any obscene, indecent, or filthy mechanical amusement machines displaying specified sexual activities or specified anatomical areas as defined in section 199 of the Zoning Regulations of the District of Columbia in a business establishment which allows persons under the age of eighteen years on the business premises shall be subject to a fine of at least $1000.00 but not more than $3000.00 upon conviction for the first offense or at least $1000.00 but not more than $5000.00 upon conviction for the second and subsequent offenses.

1409.3 Upon conviction of a second violation of any provision of the regulations specified in sections 1409.2 and 1409.3, all licenses and certificates granted any person, firm, corporation or association by the Department, for the establishment and operation of a video arcade, or for the purpose of offering mechanical amusement machines for public use, shall be automatically revoked.

History

• SOURCE: D.C. Act 5-129, § 7 published at 31 DCR 2331, 2338-39 (May 18, 1984).

19 DCMR § 1410 ISSUANCE OF RULES

1410.1 The Mayor shall issue rules to implement the provisions of these regulations within 90 days of the effective date of the Police Regulations of the District of Columbia/Video Arcades Mechanical Amusement Machines Regulations Amendment Act of 1984.

History

• SOURCE: D.C. Act 5-129, § 8(a) published at 31 DCR 2331, 2339 (May 18, 1984).

19 DCMR § 1411 PROSECUTION

1411.1 Prosecution for violations of any provision of these regulations shall be conducted in the name of the District of Columbia in the Superior Court of the District of Columbia by the Corporation Counsel or by an Assistant Corporation Counsel.

History

• SOURCE: D.C. Act 5-129, § 8(b) published at 31 DCR 2331, 2339 (May 18, 1984).

19 DCMR § 1499 DEFINITIONS

As used in this chapter, unless the context otherwise indicates, the following terms and phrases shall have the meaning ascribed:

Mechanical amusement machine - any machine, device, or appliance, except music machine, offered for use by the public, as a game, entertainment, or amusement, whether or not registering a score, and irrespective of whether or not the element of skill in the operation thereof predominates over the element of luck, which may be operated or caused to operate by the insertion of a coin, slug, token, plate or disk; provided that nothing in this regulation shall be construed to authorize, license, or permit the display or use of any gambling device whatsoever, or any mechanism which has been or may be judicially determined to be a gambling device.

Mayor - the Mayor of the District of Columbia.

Video Arcade - any commercial establishment whose primary business is the operation of ten or more mechanical amusement machines.

History

• SOURCE: D.C. Act 5-129, § 1 published at 31 DCR 2331-32 (May 18, 1984).

19-15 FISH AND WILDLIFE

19 DCMR § 1500 PURPOSE AND SCOPE

1500.1 The rules in §§ 1501 through 1508.4 provide the minimum guidelines and procedures for the implementation of Section 4 of the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code § 6-923 (1995 Repl.)), which mandates the protection of aquatic animals and plants and the restoration and preservation of aquatic life in the District’s waters for aesthetic enjoyment, recreation, and industry. The rules in § 1560 implement § 5 of an Act to Revise and Modernize the Fish and Wildlife Laws of the District of Columbia, approved August 23, 1958 (Pub. L. No. 85-730, 72 Stat. 815; D.C. Official Code § 22-1632 (1996 Repl.)).

1500.2 The purpose of these rules is to ensure that the District’s fisheries and wildlife resources are properly managed and protected.

1500.3 The rules in §§ 1501 through 1507.3 shall apply to all District waters except bodies of water on private property.

History

• SOURCE: Final Rulemaking published at 34 DCR 2028 (March 27, 1987). D.C. Official Code §§ 4301 – 4333. District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1500

19 DCMR § 1501 LICENSING REQUIREMENTS

1501.1 Any person fishing in the waters of the District of Columbia, including Rock Creek Park and all other fishable waters within the District of Columbia, regardless of whether the person is fishing from the Virginia shoreline or from National Park lands, is required by law to possess a valid D.C. Fishing License.

1501.2 The following persons shall be exempt from the licensing requirements of Subsection 1501.1:

(a) Persons under sixteen (16) years of age;

(b) Persons over sixty-five (65) years of age.

1501.3 A licensed angler shall prominently display the license at all times while fishing and shall allow inspection of the license by any conservation or law enforcement officer upon request.

1501.4 A scientific collection permit shall be required for scientific collection of fish or other aquatic organisms from District waters.

1501.5 Angling licenses shall be current for the period from January 1 to December 31, of the calendar year marked on the license.

1501.6 A person desiring an angler’s license or a scientific collection permit shall file an application with the Director on a form prescribed by the Director.

1501.7 The provisions of Subsection 1501.1 shall not apply during National Fishing Week.

History

• SOURCE: Final Rulemaking published at 34 DCR 2028 (March 27, 1987); as amended by Final Rulemaking published at 47 DCR 3361 (May 12, 2000). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1501

19 DCMR § 1502 ANGLING METHODS AND REGULATIONS

1502.1 Fishing or taking fish or other aquatic organisms for commercial purposes is prohibited.

1502.2 Except as otherwise permitted by these rules, a person shall fish only with rod, hook, and line, not to exceed three (3) lines in number and not having more than two (2) hooks to each line. Artificial lures or plugs with multiple or gang hooks are considered one unit.

1502.3 The use of dip nets shall be prohibited, except that dip nets may be used for the capture of baitfish, gizzard shad, blueback herring, alewife, and in the landing of fish taken by angling, provided that the net does not exceed twenty-four inches (24") in diameter or nine square feet (9') in overall area. The use of dip nets in Rock Creek Park shall be prohibited under any circumstances, in conformance with Subsection 1503.2.

1502.4 The use of seine nets and cast nets shall be prohibited.

1502.5 Snagging shall be prohibited, except for the capture of blueback herring, alewife, gizzard shad, and menhaden.

1502.6 A person may operate eel traps provided the number of traps does not exceed five.

1502.7 An eel trap operator shall attach the operator’s angling license number to each trap and shall check each trap daily.

History

• SOURCE: Final Rulemaking published at 34 DCR 2028 (March 27, 1987); as amended by Final Rulemaking published at 47 DCR 3361 (May 12, 2000). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1502

19 DCMR § 1503 PROHIBITED ACTIVITIES

1503.1 It shall be unlawful to do any of the following:

(a) Introduce any species of fish or other aquatic organism not indigenous to the District of Columbia into the waters of the District of Columbia;

(b) Possess a fish with a total length less than the minimum set in § 1504;

(c) Possess a number of fish of a particular species greater than the possession limit set in § 1504;

(d) Possess aboard any boat, while fishing or while in possession of fishing equipment, any fish for which a size or weight limit is prescribed in § 1504 from which the head or tail has been removed;

(e) Capture, harass, harm, or fail to return to the water immediately any organism which is listed by U.S. Department of Interior as endangered or threatened except for direct application under § 1501.4;

(f) Take, kill or injure fish or other aquatic organisms by the use of explosives, chemicals, firearms, or electricity, except for direct application under § 1501.4;

(g) Take, catch, or possess any species of Sturgeon, Striped Bass (Morone saxatilis), American Shad (Alosa sapidissima), Hickory Shad (Alosa mediocris), Chain Pickerel (Esox niger), and Northern Pike (Esox lucius), unless a special season is posted by the Department;

(h) Take fish except as specified in this chapter; or

(i) Take, catch or possess striped bass or hybrid striped bass.

1503.2 Nets of any kind shall be prohibited in Rock Creek Park for catching fish.

1503.3 Digging for bait in Rock Creek Park shall be prohibited.

History

• SOURCE: Final Rulemaking published at 34 DCR 2028 (March 27, 1987); as amended by Final Rulemaking published at 36 DCR 5650 (August 4, 1989); as amended by Final Rulemaking published at 47 DCR 3361 (May 12, 2000). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1503

19 DCMR § 1504 SPECIES MINIMUM SIZE AND POSSESSION LIMITS

1504.1 Species Minimum Size and Possession Limit:

Species

Minimum size

Possession limits (Daily)

Largemouth Bass

12"

5 (in combination with

(Micropterus

15" (March 1

Smallmouth Bass)

salmoides)

through June 15)

Smallmouth Bass

12"

5 (in combination with

(Micropterus

15" (March 1

Largemouth Bass)

dolomieui)

through June 15)

Walleye

14"

1

(Stizostedion

vitreum)

American Eel

6"

10

(Anquila Rostrata)

Channel Catfish

12"

3

(Ictalurus

punctatus)

Yellow Perch

8"

3

(Perca Flavesens)

Longnose Gar

24"

1

(Lesposoteus

Osseus)

History

• SOURCE: Final Rulemaking published at 34 DCR 2028 (March 27, 1987); as amended by Final Rulemaking published at 36 DCR 5650 (August 4, 1989); as amended by Final Rulemaking published at 47 DCR 3361 (May 12, 2000). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1504

19 DCMR § 1505 LICENSE FEES

1505.1 The fees for the licenses required in Section 1501 shall be as follows:

(a) Resident

$ 7.00

(b) Nonresident

(1) 2 week license

$ 5.00

(2) 1 year license

$ 10.00

(c) Scientific Collection Permit

(1) Non-Profit or Public Institution

No Charge

(2) For-Profit Research Organization

$ 50.00

History

• SOURCE: Final Rulemaking published at 34 DCR 2028 (March 27, 1987); as amended by Final Rulemaking published at 47 DCR 3361 (May 12, 2000). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1505

19 DCMR § 1506 FISHING SEASONS

1506.1 [REPEALED].

1506.2 With the exception of § 1506.1, there shall be no closed season for angling.

History

• SOURCE: Final Rulemaking published at 34 DCR 2028 (March 27, 1987); as amended by Final Rulemaking published at 36 DCR 5650 (August 4, 1989); as amended by Final Rulemaking published at 47 DCR 3361 (May 12, 2000). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1506

19 DCMR § 1507 SEARCH AND INSPECTION

1507.1 A conservation officer may conduct a search and inspection in the following instances:

(a) The officer reasonably believes that a person either is or recently has been fishing;

(b) The officer has probable cause to believe that the person has violated a provision of this chapter except as is provided in § 1507.2; and

(c) When it is either not possible or not practical to obtain a warrant.

1507.2 In the absence of probable cause, an officer may conduct a search or inspection only to prevent the removal, alteration, or destruction of potential evidence of a violation of this chapter.

1507.3 Before beginning a search or inspection of a person, the officer shall state his or her purpose and inform the person that this chapter authorizes the search or inspection and requires the person to cooperate with the officer.

History

• SOURCE: Final Rulemaking published at 34 DCR 2028 (March 27, 1987). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1507

19 DCMR § 1508 REVOCATION OF A LICENSE

1508.1 Each license or permit issued under this chapter may be revoked if the licensee violates any rules in the chapter.

1508.2 A license may be revoked by the Director after written notice is given to the licensee that sets forth the reasons for the revocation.

1508.3 Before a license is revoked, the Director shall give the licensee an opportunity to answer and be heard in accordance with the District of Columbia Administrative Procedure Act, D.C. Official Code §§ 1-1501 et seq. (1999 Repl.).

1508.4 A person whose license has been revoked shall not be eligible for relicensure for a period of one calendar year unless the Director’s revocation order specifies otherwise.

History

• SOURCE: Final Rulemaking published at 34 DCR 2028 (March 27, 1987). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1508

19 DCMR § 1520 URBAN APICULTURE: GENERAL PROVISIONS

1520.1 No person shall keep a colony of bees in the District unless the colony is registered annually with the Department of Energy and Environment (Department).

1520.2 A person may keep a colony in the District if the colony is established and maintained in a manner consistent with the provisions of this chapter.

1520.3 A fee shall be assessed per apiary.

History

• SOURCE: Final Rulemaking published at 62 DCR 11540 (August 21, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1520

19 DCMR § 1521 URBAN APICULTURE: COLONY REGISTRATION

1521.1 All colonies shall be registered within thirty (30) days of establishment of a colony.

1521.2 To register a colony, the beekeeper shall provide the Department with the following information:

(a) The beekeeper’s name, street address, phone number, and e-mail address;

(b) The name, phone number, e-mail address, and address of the owner or manager of the property where the apiary is located;

(c) Written permission from the property owner or property manager to establish a colony on a multi-unit building or property, if the beekeeper is not the owner of the property where the colony is to be kept;

(d) The apiary location, including a street address and global positioning system coordinates;

(e) A photo of the apiary in its entirety;

(f) An emergency contact name and phone number; and

(g) Documentation that the conditions of Section 1525 of this chapter (Apiary Density and Distance) have been met.

1521.3 By registering a colony, the beekeeper is agreeing to provide access for the inspection of the apiary by the Department.

1521.4 A beekeeper registering a colony of bees pursuant to this section shall agree to defend and indemnify and hold harmless the District against any and all claims arising out of the keeping of bees and any other activities related to any permit or registration pursuant to this section.

1521.5 A beekeeper shall notify the Department within ten (10) business days of any changes to the information in the colony registration.

History

• SOURCE: Final Rulemaking published at 62 DCR 11540 (August 21, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1521

19 DCMR § 1522 URBAN APICULTURE: FEES

1522.1 A fee of $10.00 per apiary shall be paid annually to the Department.

History

• SOURCE: Final Rulemaking published at 62 DCR 11540 (August 21, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1522

19 DCMR § 1523 URBAN APICULTURE: Transportation Permit

1523.1 No person shall transport into the District, any colony, portion of a colony, bees on combs, empty used combs, used hives, or any other used apiary appliance without first obtaining a permit from the Department.

1523.2 To obtain a permit to transport a colony or portion of a colony, bees on combs, empty used combs, or used hives into the District, the beekeeper shall provide the Department with the following information:

The name, phone number, e-mail address, and street address of the beekeeper;

A description of the item(s), quantity, and origin of item(s) to be brought into the District; and

A certificate of inspection performed by the state of origin within the previous ninety (90) days.

1523.3 No person shall transport out of the District any colony, portion of a colony, bees on combs, empty used combs, or used hives without first notifying the state of destination, and obtaining a Certificate of Apiary Inspection from the Department.

1523.4 To obtain a Certificate of Apiary Inspection, a person shall provide the Department with the following information at least thirty (30) days prior to transport:

(a) Name, phone number, e-mail address, and street address of beekeeper; and

(b) Apiary item, quantity leaving the District, destination, date of movement, and reason for movement.

1523.5 The Department shall inspect the colony for disease prior to issuing a Certificate of Apiary Inspection.

History

• SOURCE: Final Rulemaking published at 62 DCR 11540 (August 21, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1523

19 DCMR § 1524 URBAN APICULTURE: BEEKEEPER RESPONSIBILITIES

1524.1 All colonies are subject to inspection by the Department.

1524.2 The beekeeper shall keep the colony in a Langstroth-type hive, Top Bar hive, or other hive with removable combs.

1524.3 The beekeeper shall maintain the hive in sound condition.

1524.4 The beekeeper shall maintain adequate space in the hive to prevent overcrowding and to deter swarming.

1524.5 The beekeeper shall provide the colony with a convenient, adequate, and constant source of water to prevent the bees from seeking water from sources where they can be considered a nuisance.

1524.6 The beekeeper shall be responsible for the remediation of bee swarms and nuisance conditions.

1524.7 In the event that a beekeeper fails to remediate the bee swarm or nuisance condition, the owner of the property on which the colony is located shall be responsible for the remediation, and the beekeeper shall reimburse the property owner for the cost incurred by the remediation.

History

• SOURCE: Final Rulemaking published at 62 DCR 11540 (August 21, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1524

19 DCMR § 1525 URBAN APICULTURE: APIARY DENSITY AND DISTANCE

1525.1 A hive shall be located at least fifteen feet (15 ft.) from a property line, unless one of the following applies:

(a) A flyway barrier is maintained where the hive is at least five feet (5 ft.) from the property line;

(b) The hive is located eight feet (8 ft.) or more above the grade of the property immediately adjacent;

(c) The hive is located on a rooftop and is five feet (5 ft.) from the side of the building or structure and at least fifteen feet (15 ft.) from the nearest occupied structure, including a roof deck or balcony; or

(d) Annual written approval is granted from neighbors whose properties are located within thirty feet (30 ft.) of the proposed hive.

1525.2 Flyway barriers shall:

(a) Be at least six feet (6 ft.) high at all points:

(b) Extend ten feet (10 ft.) beyond the hive in each direction;

(c) Consist of dense vegetation or a solid barrier; and

(d) Comply with the requirements of the District of Columbia Building Code.

1525.3 A beekeeper shall not keep more than four (4) hives, unless the property is greater than one-quarter acre (10,890 sq. ft.)

1525.4 A beekeeper may add an additional four (4) hives for each additional quarter acre (10,890 sq. ft.) of land.

1525.5 Upon written request, the Department may grant a beekeeper permission to keep more than four (4) hives, if the beekeeper has at least three (3) years of documented beekeeping experience and one of the following:

(a) The beekeeper has received written permission from all neighbors with properties located within thirty feet (30 ft.) of the proposed hive site;

(b) The hives are located on or adjacent to non-residential, agricultural, industrial, or undeveloped land;

(c) The hives are used at a school or other institution for educational or research purposes; or

(d) The hives are being held temporarily during an emergency or hive relocation for no more than thirty (30) days, unless a written extension is granted by the Department.

1525.6 Documented beekeeping experience shall include the following:

(a) Registration as a beekeeper in the District or another jurisdiction; or

(b) An active membership in a regionally recognized beekeeping association.

1525.7 If any of the conditions in Subsection 1525.5 change, the Department may rescind approval for more than four (4) hives, giving the beekeeper thirty (30) days to make changes.

History

• SOURCE: Final Rulemaking published at 62 DCR 11540 (August 21, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1525

19 DCMR § 1526 URBAN APICULTURE: COLONY DISPOSITION

1526.1 A colony shall be selected from honey bee stock bred for gentleness.

1526.2 The possession of Africanized bees is prohibited.

1526.3 A beekeeper shall promptly re-queen the colony with a marked queen if the colony exhibits unusual aggressive characteristics, such as unprovoked stinging or excessive swarming.

History

• SOURCE: Final Rulemaking published at 62 DCR 11540 (August 21, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1526

19 DCMR § 1527 URBAN APICULTURE: BEE DISEASE

1527.1 A beekeeper shall take measures to control the spread of bee diseases, including American foulbrood.

1527.2 A beekeeper shall quarantine the colony if the colony is suspected of having American foulbrood or other bee disease that may pose a risk to the colony, environment, or public health.

1527.3 The beekeeper shall immediately notify the Department of the quarantined colony.

1527.4 Bees, colonies, and equipment may not be moved from a quarantined area.

1527.5 The quarantine will remain in effect until terminated in writing by the Department.

1527.6 The Department may investigate to assess the health of a colony. In assessing colony health, the Department shall:

(a) Consider all evidence obtained or presented; or

(b) Request a test from the United States Department of Agriculture Bee Research Laboratory.

1527.7 The Department shall provide the results of the health assessment of the colony to the beekeeper by personal service, posting, or prepaid mail.

1527.8 A colony with an untreatable disease, like American foulbrood, shall be destroyed and the hive and equipment incinerated. The beekeeper must contact the District of Columbia Fire and Emergency Medical Services Department (FEMS) Fire Marshal for an open burning permit and instructions prior to incinerating a diseased hive.

1527.9 The Department may order a beekeeper to take measures to control the spread of bee diseases.

1527.10 The Department shall treat or destroy the bees, hives, and honey of a beekeeper who fails to take measures ordered by the Department to control or eradicate bee disease.

1527.11 The Department may require the beekeeper or property owner to reimburse the costs it incurs to eradicate bee disease.

1527.12 The beekeeper may contest the health assessment and the measures ordered by the Department to control or eradicate the bee disease by requesting a hearing with the District of Columbia Office of Administrative Hearings (OAH).

History

• SOURCE: Final Rulemaking published at 62 DCR 11540 (August 21, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1527

19 DCMR § 1528 URBAN APICULTURE: DENIAL, SUSPENSION, MODIFICATION, OR REVOCATION OF REGISTRATION

1528.1 The Department may deny, suspend, modify, or revoke the registration issued pursuant to Section 1521, if the beekeeper has:

(a) Threatened the public health, safety, or welfare, or the environment;

Violated or threatened violation of law, and the rules set forth in Sections 1520 to 1527 of this chapter, or the terms and conditions of the registration; or

Made a false statement or misrepresentation material to the issuance, modification, or renewal of a registration.

1528.2 The notice of proposed denial, suspension, modification, or revocation shall be in writing and shall include the following:

(a) The name and address of the beekeeper and the apiary;

(b) A statement of the action or proposed action and the effective date or proposed effective date and duration of the denial, suspension, modification, or revocation;

(c) The grounds upon which the Department is proposing to deny, suspend, modify, or revoke the registration;

(d) Notice that the beekeeper has a right to request an administrative hearing before the OAH, in accordance with Rules of Practice and Procedure of OAH set forth in Chapter 28 of Title 1 of the District of Columbia Municipal Regulations; and

(e) Information notifying the respondent of any scheduled hearing date or of any actions necessary to obtain a hearing, and the consequences of failure to comply with the suspension or immediate revocation, if applicable.

1528.3 The beekeeper shall have fifteen (15) calendar days from the date of service of the notice to deny, suspend, modify, or revoke the registration, to request a hearing with the OAH to show cause why the registration should not be denied, suspended, modified, or revoked.

1528.4 The Department may serve a notice of denial, suspension, modification, or revocation in addition to any other administrative or judicial penalty, sanction, or remedy authorized by law.

1528.5 The Department shall not reissue a registration to any person whose registration has been revoked until the applicant has submitted a new application, and complies with the requirements in Sections 1520 to 1527.

1528.6 An appeal to OAH pursuant to this section shall be subject to the requirements of Section 1530.

History

• SOURCE: Final Rulemaking published at 62 DCR 11540 (August 21, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1528

19 DCMR § 1529 URBAN APICULTURE: ENFORCEMENT AND PENALTIES

1529.1 A person who violates any provision in §§ 1520 to 1529 shall be subject to civil fines and penalties under the schedule of fines for a class 4 infraction, pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 (D.C. Official Code §§ 2-1801 et seq.), and the enforcement procedures in this section.

1529.2 Each day that a violation occurs is a separate offense.

1529.3 Each colony shall constitute a single offense or count.

1529.4 The Department may also pursue administrative enforcement through:

(a) Notices of violation;

(b) Compliance orders;

(c) Notices of violation combined with an immediate compliance order;

(d) Denial, modification, suspension, or revocation of registration;

(e) Notices of infraction; or

(f) Any other order necessary to protect public health, safety, or welfare or the environment.

1529.5 An administrative enforcement action shall:

(a) Include a statement of the facts and the nature of the alleged violation;

(b) Allow a reasonable time for compliance with the order, consistent with the likelihood of any harm and the need to protect the public health, safety, or welfare or the environment;

(c) Advise the respondent that the respondent has the right to request an administrative hearing and at the respondent’s expense, the right to legal representation at the hearing;

(d) Inform the respondent of any scheduled hearing date, or of any actions necessary to obtain a hearing, and the consequences of failure to comply with the compliance order or failure to request a hearing;

(e) State the action that the respondent is required to take, or the activity or activities that the respondent is required to cease to comply with the order; and

(f) State that civil infraction fines, penalties, or costs may be assessed for failure to comply with the order.

History

• SOURCE: Final Rulemaking published at 62 DCR 11540 (August 21, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1529

19 DCMR § 1530 URBAN APICULTURE: ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW

1530.1 A person adversely affected or aggrieved by an enforcement action of the Department shall exhaust administrative remedies by timely filing an administrative appeal with, and requesting a hearing before, the OAH, established pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; DC official Code §§ 2-1831.01 et seq.), or OAH’s successor.

1530.2 The appeal to OAH shall be filed in writing within the following time period:

(a) Within fifteen (15) calendar days of service of the notice of the action; or

(b) Another period of time stated specifically in the section for an identified Department action.

1530.3 OAH shall:

(a) Resolve an appeal or a notice of infraction by:

(1) Affirming, modifying, or setting aside the Department’s action complained of, in whole or in part;

(2) Remanding for Department action or further proceedings, consistent with OAH’s order; or

(3) Providing such relief as the governing statues, regulations and rules support.

(b) Act with the same jurisdiction, power, and authority as the Department may have for the matter before OAH; and

(c) By its final decision, render a final agency action which will be subject to judicial review.

1530.4 The filing of an administrative appeal shall not in itself stay enforcement of an action except that a person may request a stay according to the rules of OAH.

1530.5 The burden of production in an appeal of an action of the Department shall be allocated to the person who appeals the action, except that it shall be allocated:

(a) To the Department when a party challenges the Department’s denial, suspension, modification, or revocation of a registration;

(b) To the party who asserts an affirmative defense; or

(c) To the party who asserts an exception to the requirements or prohibitions of a statute or rule.

1530.6 The final OAH decision on an administrative appeal shall thereafter constitute the final, reviewable action of the Department, and shall be subject to the applicable statutes and rules of judicial review for OAH final orders.

1530.7 Judicial review of a final OAH decision shall not be done de novo, but shall be a review of the administrative record alone and shall not duplicate agency proceedings or consider additional evidence.

History

• SOURCE: Final Rulemaking published at 62 DCR 11540 (August 21, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1530

19 DCMR § 1560 HUNTING

1560.1 All wildlife in the District is protected, and none shall be killed or otherwise taken except in accordance with this chapter.

1560.2 Nothing in the chapter shall be construed to prohibit owners of private property from taking any action as may be reasonably necessary to protect their property or person, by humane means, from rats, mice, moles and other depredating wildlife; provided, that any action taken, by a property owner under the provisions of this subsection, shall be confined to that owner’s property.

1560.3 Notwithstanding the provisions of § 1502.2 of this chapter, persons responsible for the care of property of the government of the United States or the District may take any action as may be necessary to capture or destroy wildlife causing annoyance to the public, creating a nuisance, or destroying or damaging property.

History

• SOURCE: Final Rulemaking published at 34 DCR 2028 (March 27, 1987). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1560

19 DCMR § 1565 wildlife Protection: wildlife rehabilitation Licensing and fees

1565.1 No person shall engage in wildlife rehabilitation without a license from the Department.

1565.2 To obtain a wildlife rehabilitation license, an applicant shall:

Be at least eighteen (18) years of age;

Present a valid District or state-issued ID;

Certify that he or she has not been convicted of an offense relating to wildlife or animal cruelty;

Demonstrate reasonable experience and skill in handling and caring for wild animals by providing documentation of one of the following:

(1) Two hundred (200) hours of experience as a wildlife rehabilitation apprentice physically caring for wild animals in each of the four seasons and over the course of two or more years;

(2) A degree in veterinary medicine, veterinary technology, or animal science; or

(3) A valid wildlife rehabilitation licenses or permit issued by another state;

Complete one hundred (100) hours of documented hands on experience with wildlife within the last year;

Complete twelve (12) hours of continuing education classes or research approved by the Department;

Be a member in good standing of a nationally recognized rehabilitation association and agree to maintain membership; and

Pay a fifty dollar ($50) fee.

1565.3 A veterinarian that is licensed in the District may provide medical care to sick, injured, or debilitated wildlife.

1565.4 A veterinarian that is licensed in the District may hold wildlife in their care until the animal is medically stable and can be transferred to a licensed wildlife rehabilitator.

1565.5 A wildlife rehabilitator must possess a Federal Rehabilitation permit issued by the United States Fish and Wildlife Service pursuant to 50 CFR § 21.31, prior to rehabilitating migratory birds or waterfowl.

1565.6 A wildlife rehabilitator license is valid for two (2) years from the date of issue.

1565.7 A wildlife rehabilitation license may be renewed if a wildlife rehabilitator has:

Satisfied all recordkeeping requirements for the previous two (2) years;

Completed twelve (12) hours of continuing education classes or research approved by the Department within the last two years;

Completed one hundred (100) hours of documented hands on experience with wildlife within the last year; and

Paid a fifty dollar ($50) fee.

1565.8 To obtain a wildlife rehabilitation apprentice license, an applicant shall:

Be at least eighteen (18) years of age;

Present a valid District or state-issued ID;

Certify that he or she has not been convicted of an offense involving wildlife or animal cruelty;

Take a course and pass a test designed by the International Wildlife Rehabilitation Council or another organization approved by the Department;

Work under the supervision of a licensed wildlife rehabilitator for the treatment and care of animals being rehabilitated; and

Work in an animal facility licensed by the Department of Health.

History

• SOURCE: Final Rulemaking published at 65 DCR 8776 (August 24, 2018). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1565

19 DCMR § 1566 WILDLIFE PROTECTION: wildlife rehabilitation RECORD KEEPING AND REPORTING

1566.1 A wildlife rehabilitator shall maintain records of all wildlife rehabilitation activities for each wild animal in his or her care, including the:

(a) Species;

(b) Date of admission;

(c) Location of collection;

(d) Reason for admission;

(e) All medications administered, treatments, and/or procedures performed; and

(f) Final disposition of the animal, including date and location of release.

1566.2 On or before January 15 of each year, a wildlife rehabilitator shall submit a copy of their wildlife rehabilitation activities for the proceeding calendar year to the Department.

History

• SOURCE: Final Rulemaking published at 65 DCR 8776 (August 24, 2018). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1566

19 DCMR § 1567 WILDLIFE PROTECTION: Care in rehabilitation

1567.1 A wildlife rehabilitator must care for wildlife in an animal facility that is licensed with the Department of Health.

1567.2 A wildlife rehabilitator may capture, receive, possess, transport, and transfer a wild animal only to rehabilitate it for ultimate release in the wild.

1567.3 A wildlife rehabilitator may only temporarily house an animal in order to provide the necessary treatment required to prepare an animal for release.

1567.4 Rehabilitated animals may not be transported across state lines to be released or for any other purpose without the permission of the Department and written permission from the receiving jurisdiction.

1567.5 Animals that cannot be rehabilitated in the District may be transported across state lines for rehabilitation purposes with the permission of the District and the written permission from the receiving jurisdiction.

1567.6 No wildlife shall be released without written permission from the landowner of the property on to which the wildlife is released.

1567.7 When possible, all wildlife shall be returned to the area from where they were taken or captured.

1567.8 A wildlife rehabilitator may provide rehabilitation for a rabies vector only if he or she has current pre-exposure immunization against the rabies virus.

1567.9 A wildlife rehabilitator caring for a rabies vector species shall ensure that non-immunized persons are not exposed to rabies vector species and that rabies vector species are kept separate from non-rabies vector species.

1567.10 A rabies vector that bites a human or domestic animal shall be quarantined and not released until it is determined by the Department of Health whether testing is necessary.

1567.11 Any wildlife in the care of a wildlife rehabilitator that is suspected of being infected with a zoonotic disease shall be quarantined and receive treatment based upon the advice of a licensed veterinarian.

1567.12 When wildlife rehabilitation is not possible, a wildlife rehabilitator shall euthanize wildlife using methods that conform to the American Veterinary Medical Association Guidelines for the Euthanasia of Animals: 2013 (AVMA Report).

1567.13 Wildlife that dies while in the care of a wildlife rehabilitator must be disposed of in accordance with the conditions of the Animal Facility License and shall be buried, incinerated, rendered, or turned over to an individual or institution that holds a valid scientific collection permit, or in the case of a migratory bird, a federal salvage permit.

1567.14 Wildlife, whether live or dead, or any parts of the wildlife may not be sold, bartered, or given away except as prescribed in § 1567.13.

1567.15 A wildlife rehabilitator or apprentice who is not a licensed veterinarian shall not charge a fee for service, including fees for the pick-up or delivery of sick, injured, or orphaned wildlife.

History

• SOURCE: Final Rulemaking published at 65 DCR 8776 (August 24, 2018). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1567

19 DCMR § 1570 WILDLIFE PROTECTION: Wildlife Control Operator LicensING AND FEES

1570.1 Except in accordance with § 1560, no person shall engage in wildlife control without a license from the Department of Energy and Environment (Department).

1570.2 To obtain a wildlife control operator license, an applicant shall:

Be at least eighteen (18) years of age;

Certify that he or she has not been convicted of an offense involving wildlife or animal cruelty within the previous ten (10) years;

Complete a wildlife control operator training class approved or administered by the Department;

(d) Pass an examination approved by or administered by the Department, with a score of no less than eighty percent (80%) correct responses;

(e) Provide proof of employment with a wildlife control services provider registered by the Department under § 1571 below;

(f) Present a valid District or state-issued ID; and

(g) Pay a fee in the amount of fifty dollars ($50.00).

1570.3 The written examination shall include the following topics:

Animal life cycles;

Wildlife control methods and best practices;

Human health and safety issues; and

Laws and regulations pertaining to wildlife in the District of Columbia.

1570.4 If an applicant fails to pass the examination, he or she shall:

(a) Wait ten (10) business days before making another attempt; and

(b) Not take the examination more than three (3) times in a calendar year.

1570.5 A wildlife control operator license shall not be transferable.

1570.6 A wildlife control operator shall be in possession of the license while engaging in activities authorized by the license, and it shall be made available for inspection when requested by the Department.

1570.7 A wildlife control operator license shall be renewed every two years, with payment of a fifty dollar ($50.00) fee.

1570.8 It is the responsibility of the operator to initiate any license renewal by submitting a renewal application to the Department at least thirty (30) days before the expiration date on his or her license.

1570.9 The wildlife control operator has up to thirty (30) days after the expiration of his or her license to submit a renewal application. A twenty-five dollar ($25.00) late fee will be assessed in addition to the renewal fees.

1570.10 If a license has been expired for more than thirty (30) days, the wildlife control operator shall be subject to applicable penalties for operating without a license.

1570.11 If a license has been expired for more than one (1) year, the wildlife control operator shall submit a new application pursuant to § 1570.2.

1570.12 A wildlife control operator shall perform wildlife control activities in accordance with §§ 1570 through 1579 and any terms or conditions in the license.

1570.13 A wildlife control operator shall perform wildlife control activities only for the species designated by the license.

1570.14 A wildlife control operator shall notify the Department within ten (10) business days of any changes to the information in his or her license.

1570.15 A wildlife control operator must comply with all federal and District laws, including those that apply to Species of Greatest Conservation Need (SGCN) and threatened or endangered species.

1570.16 Nothing in this subsection shall be construed to prohibit owners of private property from taking action to protect their property or person in compliance with § 1560.2.

History

• SOURCE: Final Rulemaking published at 63 DCR 6084 (April 22, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1570

19 DCMR § 1571 WILDLIFE PROTECTION: Wildlife Control Services provider REGISTRATION

1571.1 A business shall not engage in providing wildlife control services in the District unless the business is registered by the Department as a wildlife control services provider and uses the service of a licensed wildlife control operator to control wildlife.

1571.2 A self-employed wildlife control operator must register as a wildlife control services provider.

1571.3 A wildlife control services provider registration is non-transferable and continues until the registration is withdrawn by the wildlife control services provider or suspended or revoked pursuant to § 1578.

1571.4 A wildlife control services provider does not have to take an examination administered by the Department to register with the Department.

1571.5 To register, the wildlife control services provider shall submit to the Department:

Documentation showing that the entity has a valid District of Columbia basic business license;

The business name, address, e-mail address, phone number, and a contact name; and

Documentation of liability insurance, that shall be kept in full force and effect as long as the wildlife control services provider is engaged in wildlife control, for at least:

$1,000,000 for each occurrence;

$1,000,000 for personal injury; and

$2,000,000 in the aggregate.

1571.6 The wildlife control services provider shall notify the Department within ten (10) business days of any changes to the information in his or her registration.

History

• SOURCE: Final Rulemaking published at 63 DCR 6084 (April 22, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1571

19 DCMR § 1572 WILDLIFE PROTECTION: NOTICE TO CLIENTS

1572.1 Before undertaking any wildlife control measures, a wildlife control services provider shall provide to the client, in writing, the following:

An assessment of the wildlife problem, including possible causes;

The methods and practices that may be used to resolve the wildlife problem, clearly specifying possible lethal and nonlethal means;

The agreed-upon disposition of the animal;

The estimated charge; and

Where applicable, the methods and practices which the client may employ to limit future problems of a similar nature.

History

• SOURCE: Final Rulemaking published at 63 DCR 6084 (April 22, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1572

19 DCMR § 1573 WILDLIFE PROTECTION: RECORD KEEPING AND REPORTING

1573.1 A wildlife control operator shall maintain records of all wildlife control services, documenting the following information at each service call:

(a) Client’s name and address;

Date of services;

Nature of the complaint about wildlife;

Methods employed to alleviate problem;

Number and species of wildlife handled;

Method and location of disposition of wildlife; and

Name of the licensed wildlife control operator who performed the service.

1573.2 On or before January 15th of each year, a wildlife control services provider shall submit an accurate summary of activities of the preceding calendar year to the Department for publication online. The summary shall contain the following information:

(a) Name, phone number, and employment address of the wildlife control operator;

(b) Total number of complaints about wildlife;

(c) Number and kinds of wildlife handled and their disposition;

Number of wildlife euthanized and method of euthanasia employed; and

(e) Time period covered.

1573.3 A wildlife control services provider shall keep all records required in §§ 1573.1 and 1573.2 for three (3) years, and shall make the records available for inspection by the Department, upon request.

1573.4 Wildlife control services providers shall report to the Department any potential outbreak or widespread occurrence of suspected disease.

History

• SOURCE: Final Rulemaking published at 63 DCR 6084 (April 22, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1573

19 DCMR § 1574 WILDLIFE PROTECTION: CONTROL OF SPECIFIC SPECIES

1574.1 A wildlife control operator and wildlife control services provider shall recommend and employ non-lethal means in preference to lethal means for the control of problem wildlife.

1574.2 The following wildlife shall be controlled using the methods outlined in this section and § 1576:

Birds

Common Name

Scientific Name

Budgerigar

Melopsittacus undulatus

European starling

Sturnus vulgaris

Graylag goose

Anser anser

House sparrow

Passer domesticus

Mute swan

Cygnus olor

Rock pigeon

Columba livia

Mammals

Common Name

Scientific Name

Rodents

Deer mouse

Peromyscus maniculatus

Gray squirrel

Sciurus carolinensis

Groundhog

Marmota monax

White-footed mouse

Peromyscus leucopus

Small Mammals

Eastern mole

Scalopus aquaticus

Raccoon

Procyon lotor

Red fox

Vulpes vulpes

Star-nosed mole

Condylura cristala

Large Mammals

Black bear

Ursus americanus

Coyote

Canis latrans

White-tailed deer

Odocoileus virginianus

Reptiles

Common Name

Scientific Name

Black rat snake

Elaphe obsoleta obsoleta

1574.3 Except as provided in § 1574.7 below, any species identified as a Species of Greatest Conservation Need (SGCN) as listed in the District’s Wildlife Action Plan, which may be found on the Department website, may not be euthanized, killed, relocated, distressed, displaced, or otherwise harmed without written permission from the Department.

1574.4 The Department may approve the request to control a particular SGCN animal for the following reasons:

If the animal is causing damage to personal property or threatening public health or safety;

If the animal is sick or injured; or

Additional reasons on a case-by-case basis.

1574.5 A migratory bird shall be controlled only in accordance with the federal Migratory Bird Treaty Act (16 U.S.C. §§ 703-712) and its’ implementing regulations, and as follows:

A nest with eggs or young may not be moved, relocated, destroyed, or altered in any way without first obtaining a federal permit.

A nest with no eggs or young may be removed from structures such as boats, docks, and construction equipment, or relocated without a federal permit.

1574.6 Bats are SGCN species and except as provided in § 1574.7, may only be controlled with written permission and guidance from the Department, including time restrictions for non-lethal exclusion of bat colonies, and decontamination protocols to prevent the spread of White-nose Syndrome.

1574.7 A wildlife control operator may humanely remove a SGCN from the interior of a residence, commercial, or government building without obtaining prior Department approval if:

The animal is trapped and unable to leave on their own;

The animal is released immediately on-site, or taken to a licensed rehabilitation facility if it is sick, injured, or orphaned; and

The Department is notified within twenty-four (24) hours of the removal.

1574.8 Amphibians and turtles shall not be controlled by wildlife control operators.

1574.9 For each transport of wildlife out of the District, the wildlife control operator or wildlife control provider must first obtain written permission from the receiving jurisdiction and then request and receive written permission from the Department.

1574.10 For each transport of wildlife into the District, the wildlife control operator or wildlife control provider must first obtain written permission from the Department and then obtain written permission from the jurisdiction the wildlife is leaving.

1574.11 Wildlife control operators shall notify the Department prior to performing any wildlife control on black bears or coyotes.

History

• SOURCE: Final Rulemaking published at 63 DCR 6084 (April 22, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1574

19 DCMR § 1575 WILDLIFE PROTECTION: FERAL DOGS AND CATS

1575.1 When no other control methods have been proven to be adequate, a wildlife control services provider may control feral dogs and cats.

1575.2 The control of feral cats by a wildlife control services provider shall be consistent with the District’s policy in favor of trap, neuter, or spay, and return or adoption for controlling feral cats.

1575.3 The wildlife control services provider shall:

Minimize the use of euthanasia when medical treatment or adoption is possible; and

Make a good faith effort to provide for adoption of trapped, tamable kittens.

History

• SOURCE: Final Rulemaking published at 63 DCR 6084 (April 22, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1575

19 DCMR § 1576 WILDLIFE PROTECTION: ACCEPTABLE METHODS OF WILDLIFE CONTROL

1576.1 Live traps and exclusion devices may be used to control wildlife.

1576.2 Nets may be used to capture live birds and bats for immediate release.

1576.3 Mist nets must to be checked at least once every hour.

1576.4 Mist nets and rocket nets may be used indoors to capture live birds that are trapped in a building, in accordance with additional guidelines outlined in 50 C.F.R. § 21.12.

1576.5 Wildlife control operators must obtain a federal permit to use a mist net or rocket net outdoors.

1576.6 A live trap may be used to capture a SGCN trapped in a building if they are released immediately onsite, or if sick, injured, or orphaned taken to a licensed rehabilitation facility for care.

1576.7 All live traps and exclusion devices shall be labeled with the name, address, and phone number of the wildlife control services provider.

1576.8 A trap shall be set in a manner designed to catch the target wildlife and in a manner likely to avoid capture of and harm to non-target wildlife.

1576.9 A trap which is set shall be checked at least once every twenty-four (24) hours, or more frequently if environmental conditions require it to prevent harm to any animal.

1576.10 Remote trap technology may be used to check traps.

1576.11 If the remote trap does not send a report or electronic signal to the wildlife control operator or wildlife control services provider for a period of twenty-four (24) hours, the wildlife control operator or services provider shall immediately check the trap.

1576.12 Captured non-target wildlife that is healthy and does not pose an unreasonable risk to the health and safety of persons or domestic animals shall be:

(a) Released immediately at the site of capture; or

(b) Relocated to a suitable location where nuisance problems are unlikely to continue, with the written permission of that property owner.

Captured non-target wildlife that is believed to be sick, injured, orphaned, or poses an unreasonable risk to people or domestic animals, or is otherwise unfit for release on site shall be:

Transferred to the District’s Animal Care and Control Agency;

Transferred to a licensed wildlife rehabilitator in the District; or

Euthanized in accordance with this section, if no other options are feasible.

1576.14 Captured target wildlife shall be:

Released at the site of capture;

With the written permission of that property owner relocated to a safe location where nuisance problems are unlikely to occur;

Surrendered to the District’s Animal Care and Control Agency for evaluation and assessment, if the animal is exhibiting symptoms of disease;

Transferred to a licensed wildlife rehabilitator in the District, if the animal appears to be sick, injured, or abandoned; or

(e) If no other options are feasible, euthanized in accordance with this section.

1576.15 A wildlife control services provider shall make every reasonable effort to keep dependent young with their parents by:

(a) Using humane eviction or displacement and reuniting strategies; and

(b) Not knowingly abandoning dependent young wildlife in a structure.

1576.16 In the case of an attempt to reunite dependent young, a wildlife control services provider may hold wildlife in captivity at a safe and secure location within the District for up to seventy-two (72) hours once authorized in writing by the Department.

1576.17 A wildlife services provider shall capture, handle, and transport captured wildlife in a manner that prevents or limits unnecessary discomfort, behavioral stress, or physical harm to the animal, including providing protections against weather extremes.

1576.18 Captured wildlife shall be kept in covered, secure safe containers in such a way as to:

Minimize stress to the animal and its exposure to the elements by covering the trap or vehicle with appropriate material;

Ensure that the covering is of such material that the animal has adequate air supply and to prevent overheating; and

Minimize potential hazards to the general public.

1576.19 Wildlife, or parts thereof, shall not be sold, bartered, traded, given to another person, or retained for any purpose, except that an animal may be given to a wildlife rehabilitator, veterinarian, or animal control officer within the District for rehabilitation or euthanasia.

1576.20 If relocation of healthy wildlife or rehabilitation of sick, injured, or orphaned wildlife is not feasible, a wildlife control services provider shall use the available method of euthanasia that is the quickest, least stressful, and least painful to the animal under the circumstances.

1576.21 Euthanasia is acceptable only when using methods that conform to the Report of the American Veterinary Medical Association Panel on Euthanasia: 2013 Edition for Free-Ranging Wildlife and Domestic Animals (AVMA Report).

1576.22 On a case-by-case basis, the Department may approve a method of euthanasia, not published in the AVMA Report, which utilizes advancements in technology that minimizes risks to animal welfare, personnel safety, and the environment for a particular set of circumstances.

History

• SOURCE: Final Rulemaking published at 63 DCR 6084 (April 22, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1576

19 DCMR § 1577 WILDLIFE PROTECTION: PROHIBITED METHODS OF CONTROL

1577.1 The Department may prohibit the use of toxicants on wildlife, where it is determined that the wildlife can be reasonably controlled using less harmful methods.

1577.2 The use of any toxicant to control pigeons, European starlings, or house sparrows shall be prohibited.

1577.3 The use of sticky or glue traps to control any wildlife is prohibited.

1577.4 Leg-hold and other body-gripping traps, body-crushing traps, snares, or harpoon-type traps shall not be used to control any wildlife.

1577.5 Wildlife shall not be kept in captivity longer than thirty-six (36) hours unless specifically authorized in writing by the Department.

History

• SOURCE: Final Rulemaking published at 63 DCR 6084 (April 22, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1577

19 DCMR § 1578 WILDLIFE PROTECTION: DENIAL, SUSPENSION, MODIFICATION, OR REVOCATION OF A LICENSE OR REGISTRATION

1578.1 The Department may deny, suspend, modify, or revoke a license or registration issued pursuant to §§ 1570 or 1571, if applicant, registrant, or license holder has:

(a) Threatened the public health, safety, or welfare, or the environment or engaged in cruelty to animals;

(b) Been convicted of an offense that directly involved wildlife or cruelty to animals within the previous ten (10) years;

(c) Violated or threatened violation of law, the rules set forth in §§ 1565 to 1577, or the terms and conditions of the license or registration;

(d) Been convicted of an offense for cruelty to animals, pursuant to D.C. Official Code §§ 22-1001 et seq.;

(e) Engaged in fraudulent business practices;

(f) Failed to comply with one or more federal or District wildlife statutes or regulations;

(g) Misrepresented facts relating to wildlife or wildlife control to a client, customer, or the Department;

(h) Made a false statement or misrepresentation material to the issuance, modification, or renewal of a license or registration;

(i) Submitted a false or fraudulent record or report;

(j) Had its authorization to do business in the District of Columbia revoked or suspended;

(k) Failed to keep an active insurance policy as required by § 1571.5; or

(l) Had an error in the terms and conditions of the registration or license that needs to be corrected.

1578.2 The notice of proposed denial, suspension, modification, or revocation shall be in writing and shall include the following:

(a) The name and address of the applicant or the holder of the license or registration;

(b) The legal and factual basis for the proposed action, including citations to the specific statutory or regulatory provision(s);

(c) The effective date and duration, if any; and

(d) How and when the applicant or license or registration holder may request an administrative hearing and the consequences of failure to appeal.

1578.3 To appeal the denial, suspension, modification, or revocation, the applicant or license or holder may request an administrative hearing before the District of Columbia Office of Administrative Hearings in accordance with the Rules of Practice and Procedure set forth in Title 1, Chapter 28, of the D.C. Municipal Regulations.

1578.4 The applicant or license or registration holder shall have fifteen (15) calendar days from the date of service of the notice to deny, suspend, modify, or revoke the license or registration, or twenty (20) days if served by mail, to request a hearing to show cause why the license or registration should not be denied, suspended, modified, or revoked.

1578.5 The Department may serve a notice of denial, suspension, modification, or revocation in addition to any other administrative or judicial penalty, sanction, or remedy authorized by law.

1578.6 The Department shall not reissue a license or registration to any person whose certification or license has been revoked until after at least one year following the revocation.

1578.7 The Department shall not reissue a license or registration to any person whose license or registration has been revoked until the applicant has submitted a new application, and complies with the requirements in §§ 1570.2 and 1571.

History

• SOURCE: Final Rulemaking published at 63 DCR 6084 (April 22, 2016); as amended by Final Rulemaking published at 65 DCR 8776 (August 24, 2018). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1578

19 DCMR § 1579 WILDLIFE PROTECTION: ENFORCEMENT

1579.1 The Mayor may bring an action in the Superior Court of the District of Columbia to enjoin the violation or threatened violation of §§ 1565-1577.

1579.2 Civil fines, penalties, and fees may be imposed as alternative sanctions for an infraction of §§ 1565-1577, pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 (D.C. Official Code § 2-1801, et seq. (2016 Repl.)). Adjudications of any infraction of §§ 1565-1577 will be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

1579.3 Except when otherwise provided by statute, a person violating a provision of §§ 1565-1577 shall be fined according to the schedule set forth in Title 16 of the District of Columbia Municipal Regulations.

History

• SOURCE: Final Rulemaking published at 63 DCR 6084 (April 22, 2016); as amended by Final Rulemaking published at 65 DCR 8776 (August 24, 2018). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1579

19 DCMR § 1599 DEFINITIONS

1599.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed:

Africanized bee - a hybrid variety of Apis mellifera produced by the cross-breeding of the aggressive African honey bee Apis mellifera scutellata with a European honey bee subspecies.

American foulbrood – also known as Paenibacillus larvae spp. larvae is a rod-shaped, spore-forming bacterium that affects bee larvae.

Angling - fishing by hook and line.

Animal Care and Control Agency - the agency established by Section 3 of the Animal Control Act of 1979, effective October 18, 1979 (D.C. Law 3-30; D.C. Official Code §§ 8-1802 et seq. (2013 Repl.)).

Animal facility – fixed or mobile establishment, veterinary hospital, or premises wherein the practice of veterinary medicine or any part thereof is performed.

Apiary - a place where a colony is kept.

Baitfish - all species of small fish commonly called minnows, shiners, chubs, or by whatever name described, and including small fish of any other species commonly used as bait, less than six inches (6”) in total length, but not including any fish with a minimum size limit or protected.

Bee disease - an abnormal condition resulting from action by a parasite, predator, or infectious agent.

Beekeeper - a person who maintains a honey bee colony.

Brood - the embryo and egg, larva, and pupa stages of a bee.

Certificate of Apiary Inspection - certification required to transport a colony, portion of a colony, bees on combs, empty used combs, or used hives out of the District.

Colony - a hive and its equipment and appurtenances, including bees, brood, comb, pollen, and honey.

Comb - the assemblage of cells containing a living stage of a bee at a time prior to emergence as an adult.

Commensal rodent - Norway rat, roof rat, and house mouse. A rat or mouse found within a structure or proximally located at the external base of a structure may be treated as a commensal rodent for purposes of §§ 1570 to 1579.

Complaint - a service call received by a wildlife control operator or services provider for wildlife control services.

Conservation or law officer - any law enforcement official charged with enforcement of the fisheries regulations of the District of Columbia.

Continuing education class – a class from an accredited organization designed for license holders that is developed to keep license holders up to date on topics relevant to their field or profession.

Department - the Department of Energy and Environment.

Director - the Director of the Department of Energy and Environment.

District - the District of Columbia.

Domestic animal - any animal that is kept by humans for food, work, or as a pet that depends on a human for food, shelter, and water. Including, but not limited to dogs, cats, sheep, chickens, goats, horses, rabbits, and ferrets.

Exclusion device - a product used to prevent wildlife from entering an area.

Flyway barrier - barrier to encourage bees leaving and entering their colony to fly upward, minimizing unwanted human contact.

Hive - a container used for the housing of a colony.

Honey bee or bee - Apis mellifera or another species designated as suitable for an urban environment by the Director of the District Department of the Environment.

Indigenous - species of fish or other aquatic organisms that are native or introduced to the water of the District of Columbia prior to implementation of fisheries regulations.

Langstroth-type hive - standard bee hive used in beekeeping with removable four-sided frames.

Licensed wildlife rehabilitator - wildlife rehabilitator licensed in any state or the District or a person or agent credentialed by the District of Columbia or any State to treat sick, orphaned, or injured wildlife within the District.

Live trap - a trap that is intended to capture an animal without killing.

Migratory bird - a bird protected by the Migratory Bird Treaty Act, 16 U.S.C. §§ 703–712, as defined in the Code of Federal Regulations for the U.S. Fish and Wildlife Service in 50 C.F.R. § 10.12 and listed in 50 C.F.R. § 10.13.

Mist net - a virtually invisible nylon mesh net suspended by two poles, often used by biologist to capture birds and bats for banding and other research.

Multi-unit building - a building with at least four (4) separate housing units.

National Fishing Week (NFW) - a weeklong nationwide festivity, usually the first week in June, that brings government agencies, the sport fishing industry, conservation clubs, nonprofit organizations, local and corporate businesses and the American public together to sponsor fishing and educational events.

Nonresident - a person who does not reside in the District of Columbia. Commercial - the taking of fish or other aquatic organisms for sale or profit.

Non-residential property - any property which does not house a residential building, including but not limited to office or retail buildings, shopping centers, industrial parks, churches, hotels, school learning centers, hospitals, sports arenas, retail stores, and transportation terminals.

Nuisance – a condition such as aggressive bee behavior, colony placement or movement that interferes with pedestrian traffic or causes a substantial or unreasonable interference with the right to property, comfort, or safety of persons residing on or adjacent to the hive premises, and overcrowded, deceased, or abandoned hives.

Person - an individual, partnership, corporation, trust, association, firm, joint stock company, organization, commission, or any other private entity.

Potential outbreak - an increase in the number or frequency of cases of infectious disease, or a change in disease eruption patterns, that could reasonably lead to or signify an outbreak or epidemic.

Property - a parcel of land where an apiary is located.

Quarantine - a period of enforced isolation to contain and prevent the spread of disease. During this time bees, bee colonies, or bee equipment may not be moved from the quarantined property without the permission of the Department.

Rabies vector – mammals that have a higher risk for rabies, such as raccoons, foxes, and bats.

Remote trap technology - real-time trap monitoring with devices that are fail safe and that self-report.

Resident - a person who resides in the District of Columbia.

Rocket net - a type of net that uses a projection system to capture a large number of animals at once.

Scientific collecting - the collection of fish or other aquatic organisms for scientific purposes by educational institutions, other organizations, or individuals engaged in scientific research.

Snagging - the taking of a fish by hooking in any part of the body other than the mouth.

Species of Greatest Conservation Need (SGCN) - an animal species that is listed in the District’s Wildlife Action Plan as a species in need of conservation through targeted management actions, based on a set of criteria that are detailed in the Wildlife Action Plan. This includes animal species whose populations are imperiled, vulnerable or declining, or have their habitat at risk.

Target wildlife - the specific species of wildlife that a wildlife control operator or wildlife control service provider intended to capture.

Threatened or endangered species - species on the list established pursuant to the Endangered Species Act, 16 U.S.C. §§ 1531-1534, and set forth in the Code of Federal Regulations at 50 C.F.R. Part 17.

Top bar hives - a bee hive that consists of an array of horizontal bars from which honey bees attach and build wax combs.

Total Length - the length from the anterior-most part of the fish to the tip of the longest caudal fin rays.

Undeveloped land - idle land that has not been improved and is not in the process of being improved, and has no structures, facilities, or improvements intended for human use or occupancy. This includes land used exclusively for streets, highways, or commercial agriculture.

Veterinarian – a person licensed to practice veterinary medicine in accordance with Chapter 28 of Title 17 DCMR.

Widespread outbreak - occurrence of an infectious disease over a wide geographic area or affecting a large proportion of the population, also known as an epidemic.

Wildlife - includes any free-roaming wild animal, but shall not include domestic animals, commensal rodents, invertebrates, and fish.

Wildlife control - to harass, repel, evict, exclude, possess, transport, liberate, reunite, rehome, take, euthanize, kill, handle, catch, capture, release, surrender, displace, or relocate wildlife.

Wildlife control operator - person who is licensed to perform wildlife control services by the Department, but shall not include the Animal Care and Control Agency or a property manager as defined by D.C. Official Code § 47-2853.141.

Wildlife control services provider - the operator of a business which involves the charging of a fee for services in wildlife control.

Wildlife rehabilitation – the treatment and care of sick, injured, debilitated, or abandoned wildlife with the goal of returning wildlife as quickly as possible to their natural habitat in the wild.

Wildlife rehabilitator – a person who provides treatment and care to wildlife that is sick, injured, debilitated or abandoned.

Wildlife rehabilitator apprentice – a person who works under the guidance of a licensed wildlife rehabilitator to gain the experience required to earn a wildlife rehabilitator license.

Zoonosis – any disease or infection that is naturally transmissible from vertebrate animals to humans.

History

• SOURCE: Final Rulemaking published at 34 DCR 2028, 2033 (March 27, 1987); as amended by Final Rulemaking published at 47 DCR 3361 (May 12, 2000); as amended by Final Rulemaking published at 62 DCR 11540 (August 21, 2015); as amended by Final Rulemaking published at 63 DCR 6084 (April 22, 2016); as amended by Final Rulemaking published at 65 DCR 8776 (August 24, 2018). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 1599

19-16 PUBLIC HALLS

19 DCMR § 1600 PUBLIC HALL LICENSES

1600.1 No person shall operate a public hall without obtaining from the Director of the Department of Consumer and Regulatory Affairs (“Director”) a basic business license with an Entertainment (Public Hall) endorsement unless the establishment:

(a) Has a capacity of four hundred (400) or fewer occupants; and

(b) Has a class C or D license issued pursuant to the District of Columbia Alcoholic Beverage Control Act, D.C. Official Code §§ 25-101 et seq.

1600.2 For purposes of this chapter, a “public hall” means any building in which a ball, dance, exhibition, lecture, concert, or convention is conducted for profit or gain.

1600.3 Any license issued under this chapter shall be renewed every two (2) years and shall be subject to the restrictions on the presence of minors at the licensee’s premises in accordance with D.C. Official Code § 47-2820(c).

History

• SOURCE: Final Rulemaking published as section 1601 at 39 DCR 9292 (December 11, 1992); as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED]. Renumbered as section 1600 and amended by Final Rulemaking published at 57 DCR 521 (January 8, 2010).

19 DCMR § 1601 APPLICATION FOR LICENSURE

1601.1 Each application for a public hall license shall be made on a form prescribed by the Director and filed with the Department of Consumer and Regulatory Affairs (“Department”).

1601.2 Each application shall contain the following information:

(a) The name and address of the applicant;

(b) The trade name and address of the public hall;

(c) If the applicant is a partnership, the names and addresses of all partners; if the applicant is a limited partnership, the names and addresses of all general partners;

(d) If the applicant is a corporation, the names and addresses of all officers and directors and the date of incorporation;

(e) If the applicant is a corporation or the applicant does not reside in the District of Columbia, the corporation or non-resident applicant shall provide the name, address, telephone number, and signature of the person who has agreed to be the applicant’s registered agent for service of process;

(f) If different from the name and address of the applicant, the name and address of the owner of the building in which the public hall is located;

(g) Whether any of the applicant’s officers, partners, or members have been convicted of any crimes within the last ten (10) years;

(h) A description of the proposed hours of operation and the kinds of events that will occur at the public hall;

(i) What steps the applicant has taken to provide for sufficient parking spaces, as required by District law or regulation; and

(j) Any other information requested by the Director.

1601.3 The applicant shall also file as part of its license application the following:

(a) If the applicant is a corporation or limited partnership, documentation that the applicant is in good standing with the Superintendent of Corporations of the District of Columbia;

(b) Documentation that the building or portion of the building that will be used as a public hall has a valid certificate of occupancy; and

(c) A Clean Hands Certification, certifying that the applicant does not owe more than one hundred dollars ($100) to the District as a result of fees, fines, penalties, or taxes.

1601.4 The Director may also require that any owner, member, partner, or other person holding an ownership interest in the public hall submit to a criminal background check.

1601.5 An application for the renewal of an existing license shall be filed sixty (60) days prior to the expiration date of the existing license.

History

• SOURCE: Final Rulemaking published at 39 DCR 9292 (December 11, 1992); as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 521, 522 (January 8, 2010). EDITOR’S NOTE: Section 1601 published at 39 DCR 9292 (December 11, 1992) has no corresponding section in Final Rulemaking published at 57 DCR 521 (January 8, 2010). Section 1603 published at 39 DCR 9292, 9293 (December 11, 1992) was renumbered as section 1601 by Final Rulemaking published at 57 DCR 521 (January 8, 2010).

19 DCMR § 1602 DENIAL, SUSPENSION, OR REVOCATION OF LICENSE

1602.1 The Director may deny an application or suspend or revoke a license if:

(a) The application, or any other document required to accompany the application, contains a false statement;

(b) The applicant or licensee, or its officer, partner, or member, has a criminal conviction that, considering its age and severity, bears on their fitness to operate a public hall;

(c) The activities at the public hall or associated with the public hall have created or will create a nuisance or a threat to the public health, public safety, or the peace, order, or quiet of the surrounding community;

(d) The activities at the public hall or associated with the public hall have had or will have a significant adverse effect on the residential parking needs and vehicular and pedestrian safety of the surrounding neighborhood;

(e) The building violates District zoning, building, or fire safety statutes or regulations;

(f) The applicant or licensee has allowed or failed to prevent illegal activity from occurring at a public hall; or

(g) The applicant or licensee has failed to take reasonable steps to prevent violence or any other nuisance from occurring at a public hall or in the surrounding community.

1602.2 An appeal from the denial, suspension, or revocation of a license may be filed with the Office of Administrative Hearings in accordance with its rules of procedure.

History

• SOURCE: Final Rulemaking published at 39 DCR 9292 (December 11, 1992); as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 521, 523 (January 8, 2010). EDITOR’S NOTE: Section 1602 published at 39 DCR 9292 (December 11, 1992) was renumbered as section 1600 by Final Rulemaking published at 57 DCR 521 (January 8, 2010). Section 1604 published at 39 DCR 9292 (December 11, 1992) was renumbered as section 1602 by Final Rulemaking published at 57 DCR 521 (January 8, 2010).

19 DCMR § 1603 PUBLIC NOTICE BY THE DIRECTOR

1603.1 At least thirty (30) days before granting an application for a new or a renewal license, the Director shall give written notice to the affected Advisory Neighborhood Commission and shall cause the notice to be published in the District of Columbia Register.

1603.2 The notice shall contain the following:

(a) The name of the applicant and the trade name of the public hall;

(b) The address or other designation of the location of the building for which the license is sought;

(c) A statement that any resident or owner of residential property, within six hundred (600) feet of the boundary lines of the lot upon which is situated the building for which the license is sought, who objects to the granting of the application is entitled to be heard at a hearing;

(d) A concise description of the proposed hours of operation and the kinds of events that will occur at the public hall;

(e) The date and manner by which a person or organization must file an objection with the Director; and

(f) The date, time, and location of the hearing to be held if objections are filed.

History

• SOURCE: Final Rulemaking published at 39 DCR 9292, 9293 (December 11, 1992); as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 521, 523 (January 8, 2010).
• EDITOR'S NOTE: Section 1603 published at 39 DCR 9292 (December 11, 1992) was renumbered as section 1601 by Final Rulemaking published at 57 DCR 521 (January 8, 2010). Section 1605 published at 39 DCR 9292 (December 11, 1992) was renumbered as section 1603 by Final Rulemaking published at 57 DCR 521 (January 8, 2010).

19 DCMR § 1604 PUBLIC NOTICE BY THE APPLICANT

1604.1 The applicant shall post two (2) notices supplied by the Director in conspicuous places on the building for which the license is sought and shall take photographic evidence of the posting.

1604.2 The notices shall be posted for at least twenty-eight (28) consecutive days, with the first consecutive day occurring at least thirty (30) calendar days prior to the noticed hearing date, and shall contain the information set forth in § 1603.2.

1604.3 The notices shall be securely posted on the front of the building. The bottom of the notice may not be less than three (3) feet above the abutting pedestrian level, and the top of the notice may not be more than six (6) feet above the abutting pedestrian level.

1604.4 The notices may be attached to the inside of a window, provided that the notices meet the positioning requirements of § 1604.3.

1604.5 Notices posted on the exterior of a building shall be covered with clear plastic to protect them from the weather.

1604.6 On or before the date of the hearing, the applicant shall file an affidavit with the Director certifying that the notice requirements of § 1604 have been satisfied.

1604.7 If the notices have been removed or are posted in a manner making them not easily visible from the street, the Director may extend the notice period or may require that the notice be reposted and the notice period begin anew.

History

• SOURCE: Final Rulemaking published at 39 DCR 9292, 9294 (December 11, 1992); as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 521, 524 (January 8, 2010).
• EDITOR'S NOTE: Section 1604 published at 39 DCR 9292 (December 11, 1992) was renumbered as section 1602 by Final Rulemaking published at 57 DCR 521 (January 8, 2010). Section 1606 published at 39 DCR 9292 (December 11, 1992) was renumbered as section 1604 by Final Rulemaking published at 57 DCR 521 (January 8, 2010).

19 DCMR § 1605 FILING AN OBJECTION

1605.1 The affected Advisory Neighborhood Commission or any resident or owner of property within six hundred (600) feet of the boundary lines of the lot on which the public hall is situated may file an objection to the issuance of a new or a renewal license. If an objection is filed, the Director shall hold a hearing to make the determinations required by D.C. Official Code § 47-2820(b-1)(2).

1605.2 An objection shall be in writing and must be filed with the Department’s Business and Professional Licensing Administration at least five (5) calendar days prior to the date of the hearing. The objection shall list the name and address of the person making the objection and shall describe the reasons for the objection.

1605.3 When a party retains counsel, the attorney so retained shall include his or her name, address, phone number, and D.C. Bar number on the first document filed by that party after retaining counsel. If the party retains counsel after filing a document and the party does not file additional documents, the attorney retained shall promptly file with the Department a notice of appearance containing the attorney’s name, address, phone number, and D.C. Bar number.

1605.4 When a party is proceeding without representation by counsel, the party shall include his or her name, address, and phone number on any document filed with the Department.

History

• SOURCE: Final Rulemaking published at 39 DCR 9292, 9294-95 (December 11, 1992); as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 521, 524 (January 8, 2010).
• EDITOR'S NOTE: Section 1605 published at 39 DCR 9292 (December 11, 1992) was renumbered as section 1603 by Final Rulemaking published at 57 DCR 521 (January 8, 2010). Section 1608 published at 39 DCR 9292 (December 11, 1992) was renumbered as section 1605 by Final Rulemaking published at 57 DCR 521 (January 8, 2010).

19 DCMR § 1606 HEARINGS

1606.1 This section shall govern any hearing conducted by the Director for the issuance or renewal of licenses issued under this chapter. For purposes of this section, “Director” shall mean the Director or the Director’s agent.

1606.2 The provisions of this chapter are intended to be consistent with the District of Columbia Administrative Procedure Act (D.C. Official Code §§ 2-501 et seq.). Evidence shall be admitted consistent with the District of Columbia Administrative Procedure Act (“Act”). If there is any conflict between this chapter and the Act, the Act shall govern.

1606.3 The hearing shall be a non-adversarial proceeding held by the Director for any license application. Any person who has filed an objection pursuant to § 1605 may attend the hearing in person or appear through a designated representative.

1606.4 Failure by the applicant to appear at the hearing either in person or through a designated representative may result in the Director’s denial of the license application, unless good cause is shown for the failure to appear.

1606.5 At the hearing, the Director shall have the authority to:

(a) Regulate the course of the hearing, including the order of testimony and the imposition of appropriate time limitations on witness testimony;

(b) Request the applicant and objectors appearing at the hearing to state their respective positions concerning any issues in the proceeding and their support of or opposition to such issues;

(c) Request or accept written or oral testimony and exhibits from the applicant and objectors;

(d) Question the applicant and any testifying objectors and allow the applicant to conduct appropriate cross-examination of any testifying objectors;

(e) Exclude irrelevant, immaterial, or unduly repetitious evidence;

(f) Grant a request to continue the hearing for a period not to exceed thirty (30) days;

(g) Adjourn a hearing and establish the date when the hearing will be continued; and

(h) Take any other action authorized by, or necessary under, this section.

1606.6 Upon the scheduling of a hearing with the Director, all parties shall be prohibited from participating in any ex parte communication with the Director relevant to the merits of the hearing.

1606.7 The hearing shall be open to the public and recorded by video or audio equipment.

1606.8 Within thirty (30) calendar days after the close of the record, the Director shall render a written decision accompanied by findings of fact and conclusions of law.

1606.9 An appeal from the final decision rendered by the Director after a hearing may be filed with the Office of Administrative Hearings in accordance with its rules of procedure.

History

• SOURCE: Final Rulemaking published at 39 DCR 9292, 9295-96 (December 11, 1992); as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 521, 525 (January 8, 2010).
• EDITOR'S NOTE: Section 1606 published at 39 DCR 9292 (December 11, 1992) was renumbered as section 1604 by Final Rulemaking published at 57 DCR 521 (January 8, 2010). Section 1609 published at 39 DCR 9292 (December 11, 1992) was renumbered as section 1606 by Final Rulemaking published at 57 DCR 521 (January 8, 2010).

19 DCMR § 1607 EXCEPTIONS

1607.1 A licensed applicant who holds a valid class C or D license issued pursuant to the District of Columbia Alcoholic Beverage Control Act, D.C. Official Code § 25-101 et seq., shall be exempt from the notice and hearing provisions of this chapter.

History

• SOURCE: Final Rulemaking published at 39 DCR 9292, 9296 (December 11, 1992); as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED]; as amended by Final Rulemaking published at 57 DCR 521, 526 (January 8, 2010).
• EDITOR'S NOTE: Section 1607 published at 39 DCR 9292 (December 11, 1992) has no corresponding section in Final Rulemaking published at 57 DCR 521 (January 8, 2010). Section 1611 published at 39 DCR 9292 (December 11, 1992) was renumbered as section 1607 by Final Rulemaking published at 57 DCR 521 (January 8, 2010).

19 DCMR § 1608 FILING AN OBJECTION

1608.1 Any resident or owner of property within six hundred (600) feet of the boundary lines of the lot on which the public hall is situated may file an objection to the issuance of a new or a renewal license.

1608.2 An objection shall be in writing and must be received by the Office of Adjudication, 613 G Street, N.W. 7th Floor, Washington, D.C. 20001, at least five days prior to the date of the hearing.

1608.3 An objection may be filed in person between the hours of 9:00 a.m. and 3:00 p.m., Monday through Friday, except on legal holidays.

1608.4 When a party retains counsel, the attorney so retained shall include his or her name, address, phone number, and D.C. Bar number on the first document filed by that party after retaining counsel. If the party retains counsel after filing a document and the party does not file additional documents, the attorney retained shall promptly file with the Office of Adjudication a notice of appearance containing the attorney’s name, address, phone number, and D.C. Bar number.

1608.5 When a party is proceeding without representation by counsel, the party shall include his or her name, address, and phone number on any document filed with the Office of Adjudication.

History

• SOURCE: Final Rulemaking published at 39 DCR 9292, 9296 (December 11, 1992); as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED].

19 DCMR § 1609 HEARINGS

1609.1 If no objections to an application for a license have been timely filed and the applicant has complied with all of the requirements for licensure, the Director shall issue the license.

1609.2 If timely objections have been filed, the hearing on the objections shall be conducted by the Office of Adjudication pursuant to the procedural rules set forth in 1 DCMR §§ 1107, 1109, 1111 through 1113, 1120, and 1121, except where inconsistent with this chapter.

1609.3 If the Administrative Law Judge determines that the notices required to be posted by the applicant have not remained visible to the public for the full twenty-eight (28) day period, and the public or the government has been prejudiced, the Administrative Law Judge may reschedule the hearing to a date up to thirty (30) days later.

1609.4 Whenever a rescheduling of the hearing is ordered under § 1609.3, additional objections may be received by the Office of Adjudication up to five (5) days before the new hearing date.

1609.5 The parties to the hearing shall be the applicant and any person, group, Advisory Neighborhood Commission or District government agency that has filed a timely written objection under these rules.

1609.6 The applicant shall have the burden of demonstrating that the public hall is appropriate for licensure. More specifically, the applicant shall have the burden of establishing that the granting of the application is not likely to have an adverse effect on the peace, order, and quiet of the neighborhood in which the public hall is situated, and is not likely to have an adverse effect on the residential parking needs and the vehicular and pedestrian safety of the neighborhood.

1609.7 In a case where there is more than one (1) objector, the Administrative Law Judge may require the objectors to confer among themselves and designate one (1) person to conduct the objectors’ case, to give opening and closing statements, and to cross-examine the applicant and the applicant’s witnesses.

1609.8 The Administrative Law Judge shall issue a decision on the application within thirty (30) days of the hearing.

History

• SOURCE: Final Rulemaking published at 39 DCR 9292, 9296-97 (December 11, 1992); as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED].

19 DCMR § 1610 APPEALS

1610.1 An appeal from the final decision of the Administrative Law Judge may be filed with the District of Columbia Board of Appeals and Review in accordance with its rules of procedure, 1 DCMR § 503.

1610.2 The mere filing of a timely notice of appeal shall not operate to stay the decision of the Administrative Law Judge.

History

• SOURCE: Final Rulemaking published at 39 DCR 9292, 9298 (December 11, 1992); as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED].

19 DCMR § 1611 EXCEPTIONS

1611.1 A licensed applicant who holds a valid class C or D license issued pursuant to the District of Columbia Alcoholic Beverage Control Act, D.C. Code § 25-101 et seq., shall be exempt from the notice and hearing provisions of these rules.

History

• SOURCE: Final Rulemaking published at 39 DCR 9292, 9298 (December 11, 1992); as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED].

19 DCMR § 1699 DEFINITIONS

1699.1 When used in this chapter the following words or phrases shall have the meanings ascribed below:

Administrative Law Judge - An Administrative Law Judge or Attorney Examiner authorized to hear cases in the Office of Adjudication of the Department of Consumer and Regulatory Affairs.

Person - Any individual, firm, corporation, partnership, cooperative association, or any other organization, legal entity, or group of individuals however organized.

Public Hall - any building in which a skating rink, fair, carnival, ball, dance, exhibition, lecture, or entertainment of any description, including theatrical or dramatic performances of any kind are conducted for profit or gain, except movie theatres.

History

• SOURCE: Final Rulemaking published at 39 DCR 9292, 9298 (December 11, 1992) as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED].

19-20 BOXING AND WRESTLING: GENERAL RULES

19 DCMR § 2000 APPLICABILITY

This chapter applies to applicants for and holders of licenses to participate in boxing, wrestling, or kickboxing events, professional or amateur, in the District of Columbia. Chapters 21 (Boxing Events), 22 (Wrestling Events), and 23 (Kickboxing Events) of this title supplement this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is section 7 of the District of Columbia Boxing and Wrestling Commission Act of 1975, D.C. Law 1-20, D.C. Code § 3-606
• SOURCE: Final Rulemaking published at 22 DCR 5265 (March 31, 1976); as superseded by Final Rulemaking published at 35 DCR 3710 (May 20, 1988)

19 DCMR § 2001 BOXING AND WRESTLING COMMISSION

2001.1 The Chairperson of the Commission shall designate the time and place of the Commission’s meetings.

2001.2 The Chairperson may sign all orders and other documents of the Commission on behalf of the Commission.

2001.3 No member or employee of the Commission may be the manager, full or part- time, of a contestant or otherwise have a financial or business interest in a contestant or in the result of an event.

2001.4 The Commission may waive or modify any of the provisions of this chapter in the following circumstances:

(a) In the case of amateur events sponsored by schools, colleges, or universities, provided that the sponsoring organization directs a letter to the Commission prior to the event specifying the event, certifying the federal tax-exempt status of the organization, and certifying that any proceeds will be used solely for the benefit of the organization; and

(b) In championship contests as specifically authorized by this chapter or Chapter 21 of this title.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710-11 (May 20, 1988).

19 DCMR § 2002 GENERAL LICENSING PROVISIONS

2002.1 The Commission shall issue licenses for the following participants in an event:

(a) Amateur boxer;

(b) Announcer;

(c) Inspector;

(d) Judge;

(e) Manager;

(f) Matchmaker;

(g) Physician;

(h) Professional boxer;

(i) Professional kickboxer;

(j) Professional mixed martial artist;

(k) Professional wrestler;

(l) Promoter;

(m) Referee;

(n) Second; and

(o) Timekeeper.

2002.2 All licenses issued pursuant to this chapter and the Act shall expire on March 31 of each even numbered year, constituting a license cycle.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3711 (May 20, 1988); as amended by Final Rulemaking published at 63 DCR 1018 (January 29, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2002

19 DCMR § 2003 GENERAL APPLICATION REQUIREMENTS

2003.1 Each applicant for a license under this chapter shall:

(a) Submit a completed application on a form prescribed by the Commission, including the following information:

(1) The applicant’s legal name, and any assumed names or aliases used by the applicant;

(2) The applicant’s current street address;

(3) The applicant’s date of birth; and

(4) Other information requested by the application.

(b) Submit with the application two (2) recent passport-type photographs of the applicant’s face measuring two inches by two inches (2”x2”); and

(c) Pay the required application fee, if any.

2003.2 An applicant for a license, other than an applicant for a license as a contestant, shall prove to the satisfaction of the Commission that the applicant is at least twenty-one (21) years of age.

2003.3 The Commission shall include on each application form for a license or permit issued pursuant to this chapter a notice to the effect that “The making of a false statement on this application or on documents required by this application is punishable by criminal penalties.”

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3711-12 (May 20, 1988).

19 DCMR § 2004 PROFESSIONAL BOXER’S LICENSE

2004.1 No person shall box in a professional boxing event without a professional boxer’s license issued pursuant to this chapter.

2004.2 An applicant for a professional boxer’s license shall prove to the satisfaction of the Commission that the applicant is at least eighteen (18) years old. However, the Commission may waive this requirement with the written consent of the parents or legal guardian of the applicant.

2004.3 An applicant for a license under this section shall pass a physical examination conducted by a physician approved by the Commission who is licensed to practice medicine in the District. The physical examination consists of any tests and procedures that the Commission deems necessary to protect the health and safety of contestants, including a basic physical examination, an electroencephalogram (EEG), a computerized axial tomography (CAT) scan, and an opthalmological examination. The Commission shall include the results of the examination on the licensee’s passport.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3712 (May 20, 1988).

19 DCMR § 2005 PROFESSIONAL WRESTLER’S LICENSE

2005.1 No person shall wrestle in a professional wrestling event without a professional wrestler’s license issued pursuant to this chapter.

2005.2 An applicant for a professional wrestler’s license shall prove to the satisfaction of the Commission that the applicant is at least eighteen (18) years of age.

2005.3 An applicant under this section shall include information requested by the application concerning the applicant’s health history.

2005.4 The Commission may require additional information or tests, or compliance with specified procedures, to establish the identity of the applicant or to determine the applicant’s physical fitness.

2005.5 The Commission may require an applicant under this section to provide a record of all past matches.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3712-13 (May 20, 1988).

19 DCMR § 2006 PROFESSIONAL KICKBOXER’S LICENSE

2006.1 No person shall kickbox in a professional kickboxing event without a professional kickboxer’s license issued pursuant to this chapter.

2006.2 An applicant for a professional kickboxer’s license shall prove to the satisfaction of the Commission that the applicant is at least eighteen (18) years of age.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3713 (May 20, 1988).

19 DCMR § 2007 AMATEUR BOXER’S LICENSE

2007.1 No person shall box in an amateur boxing event without an amateur boxer’s license issued pursuant to this chapter.

2007.2 An applicant for a license as an amateur boxer shall submit the following with the application:

(a) A certificate of consent signed by the applicant’s parents or legal guardians if the applicant is younger than eighteen (18) years old;

(b) A statement from the organization for which the applicant will compete as a contestant that the applicant is a member of that organization; and

(c) Proof satisfactory to the Commission that the applicant is registered and in good standing with the United States Amateur Boxing Federation.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3713 (May 20, 1988).

19 DCMR § 2008 MANAGER’S LICENSE

2008.1 Subject to § 2008.2, no person shall manage a professional contestant without a valid manager’s license issued by the Commission.

2008.2 A contestant who manages his or her own affairs is not required to obtain a manager’s license.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3713-14 (May 20, 1988).

19 DCMR § 2009 PROMOTER’S LICENSE

2009.1 No person shall promote an event without a promoter’s license issued pursuant to this section.

2009.2 An applicant for a license as a promoter shall submit the following information with the application:

(a) If the applicant is a corporation, the names and street addresses of its directors, officers, and resident agent;

(b) If the applicant is a partnership or joint venture, the name and street address of each partner or joint venturer, but if a partner or joint venturer is a corporation, the name and street address of each director, officer and the resident agent of the partner or joint venturer;

(c) If the applicant is an unincorporated association, the names and street addresses or all trustees and managing directors of the applicant; and

(d) Any information required by the Commission to determine whether the applicant or any of its principal officers have been convicted of a felony or misdemeanor involving fraud or which has a substantial relationship to the regulation of boxing.

2009.3 An applicant is not eligible for a license as a promoter if the applicant has been convicted of a misdemeanor within five (5) years, or a felony within ten (10) years, preceding the date of application.

2009.4 The Commission may take disciplinary action against a promoter in the case of the violation by a matchmaker of § 2011.3.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3714 (May 20, 1988).

19 DCMR § 2010 SECOND’S LICENSE

2010.1 Except as provided in § 2010.2, no person shall act as a second in an event between professional contestants without a second’s license issued pursuant to this chapter.

2010.2 The manager of a contestant may act as a second for the contestant if the manager is licensed pursuant to this chapter.

2010.3 An applicant for a license as a second shall include with the applicant the name of the applicant’s employer.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3714-15 (May 20, 1988).

19 DCMR § 2011 MATCHMAKER’S LICENSE

2011.1 No person shall act as a matchmaker for an event without a matchmaker’s or promoter’s license issued pursuant to this chapter.

2011.2 An applicant for a license as a matchmaker shall be employed by a promoter licensed under this chapter.

2011.3 A matchmaker shall not match contestants in such a way that one of the contestants is far superior to the other, considering the experience, demonstrated ability, record, and reputation of the contestant, and the quality of the contestant’s opponents.

2011.4 The Commission may take disciplinary action against a matchmaker if:

(a) The matchmaker violates § 2011.3; or

(b) The matchmaker provides to the Commission false information concerning a contestant’s record.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3715 (May 20, 1988).

19 DCMR § 2012 REFEREE’S LICENSE

2012.1 No person shall act as a referee for an event without a referee’s license issued pursuant to this chapter.

2012.2 Except as provided in § 2012.4, in order to be licensed as a referee, an applicant shall pass a written examination administered by the Commission which tests the applicant’s knowledge of the rules governing events of the type which the applicant is qualified to referee.

2012.3 To be eligible to sit for the examination required by § 2012.2, an applicant shall:

Prove to the satisfaction of the Commission that he or she has obtained three (3) or more years of experience as a referee on the amateur level; or

Prove to the satisfaction of the Commission that he or she has been:

Actively engaged as a licensed inspector or licensed judge in the District or elsewhere for the three (3) years immediately preceding the date on which the application for a referee’s license is filed; and

Certified by the Association of Boxing Commissions (ABC) as having completed approved training for referees.

2012.4 An applicant who is licensed and in good standing as a referee in a jurisdiction of the United States, or licensed by an appropriate licensing authority of a foreign jurisdiction, may be permitted to obtain a license in the District of Columbia without examination if the applicant proves, to the satisfaction of the Commission, that he or she has completed experience and examination requirements for licensure in the other jurisdiction that were substantially equivalent to the requirements of this section.

2012.5 All applicants for licensure as a referee shall pass a medical examination conducted by a licensed physician approved by the Commission.

2012.6 An applicant for a license as a referee shall prove to the satisfaction of the Commission that he or she:

(a) Does not maintain, directly or indirectly, a financial or business interest in the management of a contestant;

(b) Is not an individual promoter; and

(c) Is not a stockholder or an employee of, and does not otherwise hold a financial or business interest in, a corporation, unincorporated club, partnership, or association that promotes contests under the purview of the Commission.

2012.7 Persons licensed as referees in the District are deemed to have satisfied the experience and examination requirements for licensure as a timekeeper, inspector, and judge. A licensed referee may be assigned by the Commission to serve as an official in any of these capacities.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3715 (May 20, 1988); as amended by Final Rulemaking published at 63 DCR 1018 (January 29, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2012

19 DCMR § 2013 TIMEKEEPER’S LICENSE

2013.1 No person shall act as a timekeeper for an event without a license as a timekeeper, inspector, judge, or referee issued pursuant to this chapter.

2013.2 To be eligible for licensure as a timekeeper, an applicant shall:

(a) Prove to the satisfaction of the Commission that he or she has obtained at least four (4) months of experience as a timekeeper on the amateur level; or

Prove to the satisfaction of the Commission that he or she is licensed and in good standing as a timekeeper in a jurisdiction of the United States or foreign territory, with requirements that are substantially equivalent to the requirements of this section.

2013.3 An applicant for a license as a timekeeper shall prove to the satisfaction of the Commission that he or she:

(a) Does not maintain, directly or indirectly, a financial or business interest in the management of a contestant;

(b) Is not an individual promoter; and

(c) Is not a stockholder or an employee of, and does not otherwise hold a financial or business interest in, a corporation, unincorporated club, partnership, or association that promotes contests under the purview of the Commission.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3715 (May 20, 1988); as amended by Final Rulemaking published at 63 DCR 1018 (January 29, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2013

19 DCMR § 2014 INSPECTOR’S LICENSE

2014.1 No person shall act as an inspector for an event without a license as an inspector, judge, or referee issued pursuant to this chapter.

2014.2 Except as provided in § 2014.4, in order to be licensed as an inspector, an applicant shall pass a written examination administered by the Commission which tests the applicant’s knowledge of the rules governing contests of the type for which the applicant is qualified to act as an inspector.

2014.3 To be eligible to sit for the examination required by § 2014.2, an applicant shall:

Prove to the satisfaction of the Commission that he or she has obtained three (3) or more years of experience as an inspector on the amateur level; or

Prove to the satisfaction of the Commission that he or she has been actively engaged as a licensed timekeeper in the District or elsewhere for the three (3) years immediately preceding the date on which the application for an inspector’s license is filed.

2014.4 An applicant who is licensed and in good standing as an inspector in a jurisdiction of the United States, or licensed by an appropriate licensing authority of a foreign jurisdiction, may be permitted to obtain a license in the District of Columbia without examination if the applicant proves, to the satisfaction of the Commission, that he or she has completed experience and examination requirements for licensure in the other jurisdiction that were substantially equivalent to the requirements of this section.

2014.5 An applicant for a license as an inspector shall prove to the satisfaction of the Commission that the inspector:

(a) Does not maintain, directly or indirectly, a financial or business interest in the management of a contestant;

(b) Is not an individual promoter; and

(c) Is not a stockholder or an employee of, and does not otherwise hold a financial or business interest in, a corporation, unincorporated club, partnership, or association that promotes contests under the purview of the Commission.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3715-16 (May 20, 1988); as amended by Final Rulemaking published at 63 DCR 1018 (January 29, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2014

19 DCMR § 2015 PHYSICIAN’S LICENSE

2015.1 No person shall act as physician in an event without a physician’s license issued pursuant to this chapter.

2015.2 An applicant for a license as a physician under this chapter shall submit with the application:

(a) Proof satisfactory to the Commission that the applicant is licensed to practice medicine in the District and is in good standing; and

(b) A statement of the educational and professional experience of the applicant.

2015.3 An applicant under this section shall complete a period of apprenticeship under a physician licensed by the Commission.

2015.4 The Commission shall not grant a license to an applicant under this section unless it has received a recommendation of the chief physician concerning the applicant’s qualifications based on the applicant’s performance during the period of apprenticeship.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3716 (May 20, 1988).

19 DCMR § 2016 JUDGE’S LICENSE

2016.1 No person shall judge an event without a license as a judge or referee issued pursuant to this chapter.

2016.2 Except as provided in § 2016.4, in order to be licensed as a judge, an applicant shall pass a written examination administered by the Commission which tests the applicant’s knowledge of the rules governing contests of the type for which the applicant is qualified to act as a judge.

2016.3 To be eligible to sit for the examination required by § 2016.2, an applicant shall:

Prove to the satisfaction of the Commission that he or she has obtained three (3) or more years of experience as a judge on the amateur level; or

Prove to the satisfaction of the Commission that he or she has been:

(1) Actively engaged as a licensed inspector in the District or elsewhere for the three (3) years immediately preceding the date on which the application for a judge’s license is filed; and

(2) Certified by the Association of Boxing Commissions (ABC) as having completed approved training for boxing judges.

2016.4 An applicant who is licensed and in good standing as a judge in a jurisdiction of the United States, or licensed by an appropriate licensing authority of a foreign jurisdiction, may be permitted to obtain a license in the District of Columbia without examination if the applicant proves, to the satisfaction of the Commission, that he or she has completed experience and examination requirements for licensure in the other jurisdiction that were substantially equivalent to the requirements of this section.

2016.5 An applicant for a license as a judge shall prove to the satisfaction of the Commission that he or she:

(a) Does not maintain, directly or indirectly, a financial or business interest in the management of a contestant;

(b) Is not an individual promoter; and

(c) Is not a stockholder or an employee of, and does not otherwise hold a financial or business interest in, a corporation, unincorporated club, partnership, or association that promotes contests under the purview of the Commission.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3716 (May 20, 1988); as amended by Final Rulemaking published at 63 DCR 1018 (January 29, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2016

19 DCMR § 2017 ANNOUNCER’S LICENSE

2017.1 No person shall announce an event without an announcer’s license issued pursuant to this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710 (May 20, 1988).

19 DCMR § 2018 [RESERVED]

19 DCMR § 2019 [RESERVED]

19 DCMR § 2020 [RESERVED]

19 DCMR § 2021 [RESERVED]

19 DCMR § 2022 PASSPORTS

2022.1 The Commission shall issue a professional boxer who is licensed by the Commission a passport, which shall include the following information:

(a) The boxer’s legal name;

(b) A photograph, two inches by two inches (2”x 2”), of the face with the

Commission’s seal on the photograph; and

(c) The medical and competitive history of the boxer; and

(d) Any other information that the Commission requires.

2022.2 The Commission shall update the medical and competitive history of a boxer when the license is renewed.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3717 (May 20, 1988).

19 DCMR § 2023 DESIGNATION OF OFFICIALS

2023.1 The Commission shall appoint a chief inspector, chief referee, chief judge, chief physician, chief announcer, and first chief official who will oversee the functioning of the appointed chief officials. The chief officials serve at the pleasure of the Commission.

2023.2 The Commission shall designate or approve the inspectors, referees, judges, physicians, timekeepers, and announcers for all events, professional or amateur.

2023.3 No person other than the official designated by the Commission may perform the duties of that official.

2023.4 No change of designations or assignments may be made without the approval of the Commission.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3717 (May 20, 1988).

19 DCMR § 2024 [RESERVED]

19 DCMR § 2025 [RESERVED]

19 DCMR § 2026 PERMITS FOR EVENTS

2026.1 Except as provided in § 2026.2, no person shall hold an event or telecast an event without a permit issued pursuant to this chapter.

2026.2 A permit is not required for an event for which no prize or purse is offered or for which no admission fee is charged.

2026.3 Only a promoter licensed pursuant to this chapter and in good standing may apply for a permit under this section.

2026.4 Subject to § 2026.5, an applicant for a permit under this section shall at least thirty (30) days prior to the event do the following:

(a) Submit a completed application to the Commission on the prescribed form including the following information:

(1) The applicant’s name, street address, and license number;

(2) The date and location of the event;

(3) The name of each contestant in each event;

(4) The number of rounds in each event;

(5) The designation of the main event and “semi-main” event or events; and

(6) A list of all sources from which the applicant reasonably expects to derive income in connection with the event for which the permit is sought and the amount of income projected from each source.

(b) Pay the required fee; and

(c) Submit with the application the following:

(1) A financial statement demonstrating that the applicant has sufficient funds to meet all financial obligations of promoting the event for which the permit is sought;

(2) Certificates of insurance evidencing that the applicant has obtained:

(A) Insurance covering property damage and personal injury to spectators in an amount as required by the facility at which the event will be held and as approved by the Commission; and

(B) Insurance providing medical coverage for each contestant in an amount to be approved by the Commission based on prevailing costs of medical treatment and the circumstances of each event, but in no case less than ten thousand dollars ($10,000); and

(3) A deposit, in the form of cash, certified check, cashier’s check, or money order in the amount of the total purse of all contestants in the event.

2026.5 The Commission, in its discretion, may shorten the period required by § 2026.4.

2026.6 The Commission shall not issue a permit for a boxing event unless the program of which the event is a part has been scheduled for a total of thirty-two (32) rounds of boxing, in the case of a professional program, or twenty-six (26) rounds, in the case of a professional-amateur event. The Commission, in its discretion, may reduce the number of rounds required.

2026.7 The Commission, in its discretion, may make the permit contingent upon approval by the Fire Department, prior to the event, of plans showing the seating arrangements, aisle spacing, exit facilities, and location of fire fighting appliances.

2026.8 The chief inspector shall report to the Commission any violation that cannot be corrected by the starting time of the event and, upon such a report, the Commission may cancel the permit for the event issued under this section.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3717-19 (May 20, 1988).

19 DCMR § 2027 TELECAST REQUIREMENTS

2027.1 A person presenting a telecast shall file with the Commission, within seventy- two (72) hours (excluding Saturdays, Sundays, and legal holidays) after the telecast, a report setting forth the following:

(a) The identity and address of the telecasters;

(b) The date of the telecast;

(c) The names of the featured contestants;

(d) The length of the telecast;

(e) The sites of the telecast, if over closed-circuit television;

(f) The subscribing telecast system, if over subscription television;

(g) The exact number of tickets sold for the telecast;

(h) The gross receipts from the sale of such tickets;

(i) If no tickets are sold, the price in money or value paid or owed for the telecast; and

(j) The telecaster’s District tax number, if any.

2027.2 Except as provided in § 2027.3, a person presenting a telecast shall within seventy-two (72) hours (excluding Saturdays, Sundays and legal holidays) after the telecast, pay a fee of five percent (5%) of the first one hundred thousand dollars ($100,000) of the gross receipts from, or price paid or owed for, the telecast, and two percent (2%) of any gross receipts or price paid or owed in excess of one hundred thousand dollars ($100,000).

2027.3 The Commission, it its discretion, may require a person presenting a telecast in lieu of the requirements of § 2027.2, to pay in advance of the telecast a fee based on the estimated gross receipts or value of the telecast. In making such an estimate, the Commission shall consider the reasonably projected sources and amount of receipts or value including any sponsors or subscribers and any fees paid for closed-circuit telecasts.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3719-20 (May 20, 1988).

19 DCMR § 2028 [RESERVED]

19 DCMR § 2029 [RESERVED]

19 DCMR § 2030 PROHIBITED DRUGS AND METHODS

2030.1 Unless a therapeutic use exemption (TUE) has been granted in accordance with this section, the Commission may take disciplinary action against a contestant’s license, or bar a contestant’s participation in any bout, if it finds that the contestant, at any time before or during a contest, has used any prohibited substance or prohibited method as established in the current version of The World Anti-Doping Code, The Prohibited List International Standard (Prohibited List) as adopted by World Anti-Doping Agency (WADA) (https://www.wada-ama.org/en/resources/science-medicine/prohibited-list) as of October 15, 2018. Any changes made to the Prohibited List after October 15, 2018 shall be voted on and approved by the District of Columbia Boxing and Wrestling Commission prior to adoption and publication in the District of Columbia Register.

2030.2 All contestants licensed by the commission may be required to submit to testing for prohibited substances at any time.

2030.3 Any contestant who has at any time tested positive for a prohibited substance or prohibited method that has been confirmed by any state athletic commission shall be required to provide a urine specimen for drug testing prior to competing in any bout.

2030.4 Contestants with documented medical conditions requiring the use of a prohibited substance or a prohibited method may be granted a TUE from the Commission.

2030.5 A TUE shall not be granted for any form of Testosterone Replacement Therapy, including any use of natural or synthetic testosterone to treat or replace testosterone deficiency in men, except as required by law.

2030.6 A contestant may request a TUE, no less than thirty (30) days prior to an event, by submitting a request form prescribed and provided by the Commission.

2030.7 Each of the following shall accompany the TUE request form:

(a) Medical information, which shall include:

(1) Diagnosis and etiology based upon the treating physician's evaluation;

(2) An evaluation by licensed physician in the appropriate medical field;

(3) Patient medical history, which must be consistent with the standard of practice in the appropriate medical field relevant to the exemption requested;

(4) A physical exam, which must be consistent with the standard of practice in the appropriate medical field relevant to the exemption requested;

(5) A testing/laboratory evaluation, which must be consistent with the standard of practice in the appropriate medical field relevant to the exemption requested;

(6) Name of the prohibited substance or prohibited method;

(7) Dosage taken or to be taken;

(8) Method of administration; and

(9) Duration of treatment.

(b) A copy of the medical records in which the contestant’s medical condition is well documented, and which must reflect that the condition existed prior to any test for a TUE request was performed.

(c) An attestation of a licensed physician in the appropriate field of medicine that the contestant qualifies for an exemption in accordance with this section, and that the contestant is currently physically fit to compete safely.

2030.8 No less than five (5) days before a scheduled bout, a licensee requesting a TUE shall be subject to a pre-fight drug test by a certified laboratory designated by the Commission. If the laboratory determines that a value for the therapeutic agent in question is found to be out of the normal range, the contestant’s medical provider should take action to correct the level by repeating the lab and/or adjusting medication appropriately, which must be documented in records submitted to the Commission.

2030.9 On the day of the bout, a licensee requesting a TUE shall be subject to drug testing for agent specific levels by a certified laboratory designated by the Commission.

2030.10 The Commission shall waive the time period specified in § 2030.6 for submitting a request, and may retroactively approve a request for TUE, in cases where emergency treatment or treatment of an acute medical condition was medically necessary.

2030.11 All costs of providing information to provide a complete TUE request process shall be the contestant’s responsibility.

2030.12 Any request approved pursuant to this section shall be valid for one approved competition. If a contestant intends to compete in any future event or competition that may subject the contestant to drug testing by the Commission, the contestant must submit a separate request for a TUE for any prohibited substance in advance of such event or competition in accordance with the provisions of this section.

2030.13 The Commission may deny a request for a TUE without further action under the following circumstances:

The current licensure status of the contestant’s treating physician cannot be verified;

The contestant failed to submit a complete request in accordance with § 2030.7; or

The contestant failed to comply with the drug testing requirements of §§ 2030.8 or 2030.9.

2030.14 If the Commission reasonably determines that a TUE request has been submitted for the purpose of enhancing the contestant’s performance and/or giving the contestant an advantage over his/her competitor(s), the Commission shall deny the request.

2030.15 A TUE shall not be granted when the Commission reasonably concludes that denying the TUE request is in the best interests of protecting the public, or the health and safety of licensed contestants.

2030.16 If a request for TUE is denied pursuant to §§ 2030.14 or 2030.15, the Commission shall provide the licensee with a notice of the intended action and an opportunity for a hearing in accordance with § 2043 of this chapter.

2030.17 Information provided to or obtained by the Commission pursuant to this section, including the identity of persons providing such information and the reports or documents provided by health care providers and medical facilities pursuant to § 2030.7, as well as files, records, findings, opinions, recommendations, evaluations, and reports of the Commission, shall be confidential and shall only be subject to disclosure for the purposes of an administrative proceeding held pursuant to §§ 2030.16 and 2043 of this chapter.

2030.18 Information gathered by the Commission pursuant to this section shall not be used for any purpose other than making a determination of eligibility for a TUE. The information shall not be disclosed by any person under any circumstances, except that such data in the aggregate may be published in the annual report by the Commission.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3717 (May 20, 1988); as amended by Final Rulemaking published at 66 DCR 6627 (May 31, 2019). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2030

19 DCMR § 2031 CONDUCT OF LICENSEES

2031.1 A licensee under this chapter shall conduct himself or herself professionally at all times.

2031.2 A licensee shall not:

(a) Use profane or abusive language;

(b) Make a threat against or inflict bodily harm upon boxing officials or members of the boxing public;

(c) Make allegations against boxing officials which a licensee knows or should know are false;

(d) Take part, or agree to take part, in an arrangement by which a contestant is to engage, or does engage, in any fake or sham contest or dishonest exhibition of the contestant’s skills;

(e) Wager or gamble on any contest; or

(f) Engage in any other unprofessional conduct.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3720 (May 20, 1988).

19 DCMR § 2032 CONTESTS BETWEEN OPPOSITE SEXES

2032.1 No contest shall be conducted, and no contestant shall engage in a contest, between opposite sexes.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3720 (May 20, 1988).

19 DCMR § 2033 [RESERVED]

19 DCMR § 2034 [RESERVED]

19 DCMR § 2035 [RESERVED]

19 DCMR § 2036 [RESERVED]

19 DCMR § 2037 [RESERVED]

19 DCMR § 2038 [RESERVED]

19 DCMR § 2039 [RESERVED]

19 DCMR § 2040 [RESERVED]

19 DCMR § 2041 DENIALS AND DISCIPLINARY ACTIONS

2041.1 The Commission may take one or more of the actions listed in § 2041.4 against an applicant or licensee for the violation of this chapter or chapters 21, 22, or 23 of this title, and in the case of an applicant, for conduct that would constitute a violation if committed by a licensee.

2041.2 The Commission may deny a license to an applicant, or may revoke or suspend a license, or take other adverse action against a licensee, when the applicant or licensee has been denied a license or has been made subject to a disciplinary action, in another jurisdiction for reasons of health and safety, or for conduct that, if committed in the District, would be grounds for denial or disciplinary action.

2041.3 The Commission may deny a license to an applicant who has provided false or fraudulent information on the applicant’s application, and may revoke or suspend any license that was granted on the basis of information subsequently shown to have been false or fraudulent.

2041.4 The Commission may take the following disciplinary actions against an applicant or licensee:

(a) Deny a license;

(b) Revoke a license;

(c) Suspend a license;

(d) Restrict or place conditions on a license;

(e) Censure or reprimand a licensee;

(f) Impose a civil fine or penalty on a licensee; and

(g) Withhold the purse from a contestant and order that it be forfeited, in whole or part.

2041.5 Alternative civil sanctions for infractions of the Act of this chapter or chapters 21, 22 or 23 of this title may be imposed pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, D.C. Law 6-42, D.C. Code §§ 6-2701 et seq. (1995 Repl. and 1999 Supp.), and rules promulgated thereunder, 16 DCMR chapters 31 and 32.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3720-21 (May 20, 1988). EDITOR’S NOTE: The text of section 2041.5 has been changed without formal rulemaking to denote that the regulations which implement the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 were removed from Title 1 of the District of Columbia Municipal Regulations and republished at Title 16 of the DCMR (Consumers, Commercial Practices and Civil Infractions).

19 DCMR § 2042 WITHHOLDING AND FORFEITURE OF THE PURSE

2042.1 The Commission shall withhold, or order to be withheld, in whole or part, a contestant’s purse, if:

(a) The referee determines that a contestant has committed a foul intentionally;

(b) The referee stops the contest because the referee determines that a contestant is attempting to lose the contest; or

(c) The Commission determines that a contestant did not put forth the contestant’s best efforts in a contest.

2042.2 The Commission, upon reaching a final decision after a hearing, may:

(a) Order that the purse be released to the contestant; or

(b) Order that the purse, in whole or part, be forfeited, to the promoter.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3721-22 (May 20, 1988).

19 DCMR § 2043 NOTICE OF PROPOSED ACTION AND OPPORTUNITY FOR A HEARING

2043.1 Each applicant or licensee shall be notified and given an opportunity to be heard before the Commission takes any of the following actions:

(a) Denies a license for any cause other than failure to pass a required test or physical examination;

(b) Suspends a license;

(c) Revokes a license;

(d) Restricts or places conditions upon a license;

(e) Reprimands or censures a licensee;

(f) Refuses to restore a license;

(g) Refuses to renew a license for any cause other than failure to pay the prescribed fees;

(h) Imposes a civil fine or penalty;

Orders a contestant’s purse forfeited to the promoter; or

(j) Denies a request for a therapeutic use exemption (TUE) pursuant to §§ 2030.14 or 2030.15.

2043.2 When the Commission proposes to deny a license pursuant to § 2043.1(a) or (f), it shall give the applicant the following information in writing:

(a) A statement indicating how the applicant has failed to satisfy the Commission as to the applicant’s qualifications for licensure; and

(b) A statement that the Commission will take the proposed action unless the respondent requests a hearing by certified letter addressed to the Commission, mailed with twenty (20) days after service of the notice.

2043.3 When the Commission proposes to take any action specified in § 2043.1(b), (c), (d), (e), (g), (h) or (i), it shall give the respondent the following information in writing:

(a) A statement that the Commission has evidence, and setting forth the nature of the evidence, which if not rebutted or explained, justifies the proposed action; and

(b) A statement that the Commission will take the proposed action unless the applicant or licensee requests a hearing by letter addressed to the Commission and mailed no later than twenty (20) days after service of the notice.

2043.4 If the respondent does not request a hearing within the time specified, the Commission may take the action specified in the notice without holding a hearing. The Commission shall give written notice of its action to:

(a) The respondent;

(b) The Corporation Counsel; and

(c) The Director.

2043.5 A notice of a proposed disciplinary action listed in § 2043.1(b), (c), (d), (e), (g), (h), or (i) shall be in the form of charges and specifications. A notice of a proposed denial action listed in § 2043.1(a) or (d) shall be in a form of a letter of proposed denial.

2043.6 Any notice required by this section may be served personally or by certified mail, return receipt requested, directed to the respondent at the respondent’s last known residence or business address as shown by the records of the Department.

2043.7 If notice is served personally, it is deemed served when delivery is made to the respondent.

2043.8 If notice is served by certified mail, it is deemed served on the date written on the return receipt showing delivery of the notice to the respondent, or the refusal of the respondent to receive the notice. An indication that the addressee is unknown or has moved with no forwarding address constitutes a refusal by the addressee to receive the notice.

2043.9 If an applicant or respondent does not appear for a scheduled hearing, and if the Commission does not grant a continuance, the Commission may receive evidence and render a decision on the basis of the evidence presented at the hearing.

2043.10 If the respondent requests a hearing in accordance with this section, the Commission shall notify the respondent, within twenty (20) days following receipt of the request, of the time and place of the hearing.

2043.11 The Commission shall schedule a hearing for a date not more than sixty (60) days nor less than fifteen (15) days following the date of service of notice upon applicant or respondent unless the respondent agrees to an earlier or later date.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3722 (May 20, 1988); as amended by Final Rulemaking published at 66 DCR 6627 (May 31, 2019). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2043

19 DCMR § 2044 CONDUCT OF HEARINGS

2044.1 A hearing before the Commission is open to the public.

2044.2 Except when a hearing officer is designated, a majority of the members of the Commission must be present to hear evidence and render a decision.

2044.3 A respondent entitled to a hearing has the following rights:

(a) To be represented by counsel;

(b) To present relevant evidence by means of witnesses and books, papers, and documents;

(c) To examine opposing witnesses on any matter relevant to the issues; and

(d) To cause the Commission, upon written request, to issue subpoenas to compel testimony and the production of relevant books, papers, and documents.

2044.4 In connection with any hearing held in accordance with this chapter, the Commission or its designee has the following powers:

(a) To require the attendance of witnesses and the production of books, papers, and other evidence;

(b) To administer oaths or affirmations to witnesses;

(c) To take testimony and examine witnesses;

(d) To require the respondent to undergo a medical examination by a physician approved by the Commission;

(e) To direct the continuance of a case; and

(f) To issue other orders necessary to its conduct of the proceedings.

2044.5 The Commission shall require the attendance of witnesses and production of books, papers, and other evidence reasonably requested by the respondent.

2044.6 In case of contumacy by or refusal by any person to obey a subpoena or other lawful order of the Commission, the Commission may refer the matter to the Superior Court of the District of Columbia, which may by order require the person to appear and give testimony or produce books, papers, or other evidence bearing on the hearing or to undergo a medical examination. Refusal to obey such an order constitutes contempt of court.

2044.7 The Commission shall exclude irrelevant, immaterial or unduly repetitious evidence or testimony.

2044.8 The Commission may take official notice, at the request of a party or on its own motion, of the following:

(a) The law and rules of the District of Columbia, the United States, and any state of the United States:

(b) Material facts in the official files of the Commission or the Department or other

District agency; or

(c) A fact which is not subject to reasonable dispute in that it is generally known within the District of Columbia or is capable of accurate and ready determination by resort to sources the accuracy of which cannot reasonably be questioned.

2044.9 If the Commission takes official notice of material fact not appearing in evidence in the record, a party shall be given an opportunity to show the contrary at the hearing or on motion made within five (5) days after the hearing.

2044.10 The parties may, by stipulation in writing filed with a board, agree on the facts or any portion thereof involved in a hearing. The parties may also stipulate the testimony that would be given by a witness if the witness were present. The Commission, in its discretion, may require additional evidence regarding any matter covered by a stipulation.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3724-26 (May 20, 1988).

19 DCMR § 2045 BURDEN OF PROOF

2045.1 The District of Columbia has the burden of proof by a preponderance of the evidence in a disciplinary action by the Commission listed in § 2043.1(b), (c), (d), (e), (g), (h), or (i).

2045.2 The applicant has the burden of proof by a preponderance of the evidence in a proposed denial action by the Commission listed in § 2043.1(a) or (f).

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3726 (May 20, 1988).

19 DCMR § 2046 CONDUCT OF PARTIES AND COUNSEL AT THE HEARING

2046.1 All parties at a hearing shall maintain decorum and good order at all times, and the Commission may exclude or have removed from the hearing room any person violating any reasonable order of the chairperson of the Commission.

2046.2 The Commission may bar counsel from further participation in a hearing for disruptive conduct.

2046.3 If counsel has been barred from participating in a hearing, the Commission may proceed with the hearing if consistent with the due process rights of the parties. Otherwise, the Commission shall adjourn the hearing to give the party whose counsel has been barred an opportunity to secure new representation expeditiously.

2046.4 Counsel who has been barred from participating in a hearing may seek, and the Commission may grant, reinstatement to participate in the hearing on such terms as the board prescribes. The Commission shall not permit a reinstatement application to delay the proceedings.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3726 (May 20, 1988).

19 DCMR § 2047 RECORD OF HEARING

2047.1 In all hearings conducted under this chapter, the Commission shall make a complete record of all evidence presented during the course of a hearing.

2047.2 The Commission shall make a transcript of a hearing on a proposed action specified in § 2043.1(b), (c), (d), (e), (g), (h), or (i), unless the parties and the Commission agree not to have a transcript made.

2047.3 The Commission may make a transcript of a hearing on a proposed action specified in § 2043.1(a) or (f), and shall make a transcript upon written request of a party made at least five (5) days prior to the hearing.

2047.4 If the Commission does not make a transcript of the hearing, it shall make an electronic recording of the hearing.

2047.5 The Commission shall provide a copy of an approved transcript or recording of a hearing to any person requesting it, upon payment of the required fee.

2047.6 A party may move to correct a transcript by filing a motion with a 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 Commission, be changed to reflect the corrections.

2047.7 In the event of disputes with respect to the record, the Commission shall settle the record and rule on all contested motions to correct the record.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3726-27 (May 20, 1988).

19 DCMR § 2048 DECISIONS OF THE COMMISSION

2048.1 The Commission shall render a decision, in writing, no later than ninety (90) days after the date the hearing is completed.

2048.2 A decision of the Commission adverse to a respondent shall contain the following:

(a) Findings of fact;

(b) Conclusions of law based upon the findings of fact and application of the laws;

(c) An order; and

(d) A statement informing the respondent of the right to have the decision reviewed by the District of Columbia Court of Appeals, and the time within which judicial review shall be sought according to the rules of that Court.

2048.3 The Commission, in addition to taking other disciplinary action, may revoke the license of a respondent whose license has expired if the decision was based on conduct that occurred while the respondent was licensed.

2048.4 Within five (5) days after the decision is rendered, the Commission shall serve a copy of the written decision upon the respondent, or the respondent’s counsel of record.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3727 (May 20, 1988).

19 DCMR § 2049 REOPENING PROCEEDINGS

2049.1 If because of accident, sickness, or other good cause, a person fails to appear for a scheduled hearing, the person may apply within thirty (30) days to reopen the proceedings. If the Commission finds the cause sufficient, the Commission shall promptly fix a time and place for a hearing.

2049.2 The Commission may reopen a proceeding for any other cause it believes is sufficient; provided, that no appeal is pending before or has been decided by a court.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3727-28 (May 20, 1988).

19 DCMR § 2050 JUDICIAL REVIEW

2050.1 A person aggrieved by an adverse decision of the Commission, issued after a hearing, may seek a review of the decision by the District of Columbia Court of Appeals.

2050.2 Filing notice of appeal does not act as a stay of the order of the Commission.

2050.3 Failure to seek judicial review in the manner and within the time as the Court of Appeals by rule may prescribe results in the decision of the Commission becoming final.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3728 (May 20, 1988).

19 DCMR § 2051 RECONSIDERATION OR REINSTATEMENT

2051.1 A person whose application for a license or renewal of a license has been denied or whose license has been suspended or revoked, may, by filing a new application accompanied by the proper fee, request the Commission to reconsider the matter.

2051.2 Upon showing of cause satisfactory to it that the applicant fulfills all the requirements for the license sought, the Commission may issue the license or renewal of license.

2051.3 A licensee who has been ordered by the Commission to pay a fine, or whose purse has been withheld by final decision of the Commission, may petition for reconsideration by filing a petition within ten (10) days after the date of service of the order on the licensee.

2051.4 The Commission shall grant or deny a petition filed pursuant to § 2051.3 within twenty (20) days after the filing of the petition, but failure of the Commission to act within that period constitutes a denial of the petition.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3728 (May 20, 1988).

19 DCMR § 2052 COMPUTATION OF TIME

2052.1 In computing any period of time specified in this chapter, the day of the act, event, or default is not be counted, and the last day of the period is counted unless it is a Saturday, Sunday, legal holiday, or day on which the Department is officially closed, in which event the time period continues until the next day that is not a Saturday, Sunday, legal holiday, or day on which the Department is officially closed.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3728-29 (May 20, 1988).

19 DCMR § 2053 MIXED MARTIAL ARTS LICENSE

2053.1 No person shall compete in a professional or amateur mixed martial arts event without a mixed martial arts license issued pursuant to this chapter.

2053.2 An applicant for a mixed martial arts license shall prove to the satisfaction of the Commission that the applicant is at least eighteen (18) years old. However, the Commission may waive this requirement with the written consent of the parents or legal guardian of the applicant.

2053.3 An applicant for a license under this section shall pass a physical examination conducted by a physician approved by the Commission who is licensed to practice medicine in the District. The physical examination consists of any tests and procedures that the Commission deems necessary to protect the health and safety of contestants, including a basic physical examination, an electroencephalogram (EEG), a computerized axial tomography (CAT) scan, and an opthalmological examination. The Commission shall include the results of the examination on the licensee's passport.

History

• SOURCE: Final Rulemaking published at 54 DCR 7220 (July 27, 2007).

19 DCMR § 2099 DEFINITIONS

2099.1 As used in this chapter, the following terms and phrases have the meanings ascribed:

Act - the District of Columbia Boxing and Wrestling Commission Act, as amended, D.C. Code §§ 2-601 to 2-610 (1994 Repl. and 1999 Supp.).

Commission - the District of Columbia Boxing and Wrestling Commission established by the Act.

Contestant - a boxer, wrestler, kickboxer, or mixed martial artist as the context requires.

Department - Department of Consumer and Regulatory Affairs.

Director - the Director of the Department of Consumer and Regulatory Affairs, or the Director’s designee.

Event - a boxing, wrestling, kickboxing, or mixed martial arts contest, match, exhibition, or showing, as the context requires.

Inspector - an official of the Commission who enforces the rules applicable to the preparation for and holding of contests, in areas such as the collection of gate receipts, dressing room activity, and readiness and use of equipment, and who supervises the activity in the corner of the ring during a contest.

Judge - an official of the Commission who scores the performance of contestants.

Matchmaker - a person who examines the history and skills of two (2) contestants to determine the reasonable equivalence of skills which will result in a competitive contest.

Passport - an international record book containing medical and competitive history.

Program - one or more contests held at the same place on the same day or for which a single admission fee is charged.

Referee - an official of the Commission who presides over each contest and enforces the rules applicable to the contest.

Second - person who tends to a contestant in the corner of ring during a contest.

Take Down - clinching or wrestling an opponent to the mat.

Technical knockout - a termination of a contest by the referee in order to protect an injured, defenseless contestant, and such that the decision is awarded to the non-injured contestant unless that contestant has caused injury by fouling.

Telecast - a presentation or showing of an event on closed circuit telecast or subscription television viewed within the District, whether or not originating within the District.

Timekeeper - an official of the Commission who keeps official time in each contest and who marks the passing of seconds, or count.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3729-30 (May 20, 1988); as amended by Final Rulemaking published at 54 D.C. Reg. 7220 (July 27, 2007).

19-21 BOXING EVENTS

19 DCMR § 2100 APPLICABILITY

2100.1 This chapter applies to boxing events, professional and amateur, in the District of Columbia and to the participants in these events.

2100.2 Chapter 20 of this title (Boxing and Wrestling General Rules and Procedures) supplements this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731 (May 20, 1988).
• AUTHORITY: Unless otherwise noted, the authority for this chapter is Section 7 of the District of Columbia Boxing and Wrestling Commission Act, D.C. Law 1-20, D.C. Code § 2-606 (1981).

19 DCMR § 2101 [RESERVED]

19 DCMR § 2102 [RESERVED]

19 DCMR § 2103 CONTRACTS

2103.1 No person shall promote a professional event in the District without having first entered into a valid written contract, conforming to the requirements of this chapter, with each contestant or manager.

2103.2 A contract required by this section shall include the following information;

(a) The contestant’s name;

(b) The amount of compensation to be paid to the contestant;

(c) The number of rounds in the contest;

(d) A certification by the contestant or the contestant’s manager that the contestant is in excellent physical condition and that the contestant is not concealing any illness or injury;

(e) A statement by the contestant that the contestant will report immediately to the Commission if the contestant is approached by any person regarding a bribe or a fake or sham event; and

(f) A requirement that the contestant present the contestant’s passport at the official weigh-in if the contestant's jurisdiction issues one.

2103.3 The promoter shall provide the Commission with the originals or certified copies of all contracts between the promoter and all contestants at least five (5) days before the event.

2103.4 The promoter shall provide the Commission with a list of the last three (3) contests of each contestant and their results at least five (5) days before the event.

2103.5 No contract shall provide for, contemplate, or be conditioned upon the performance by a contestant of services other than participating in one contest.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731-32 (May 20, 1988).

19 DCMR § 2104 CHAMPIONSHIP CONTESTS

2104.1 A promoter shall not advertise a professional boxing contest as the World Championship or National Championship unless that contest is scheduled for at least twelve (12) rounds.

2104.2 The Commission may designate the number of rounds for a championship boxing contest.

2104.3 No contract for a championship contest shall provide for, contemplate, or be conditioned upon a return contest.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3732 (May 20, 1988).

19 DCMR § 2105 ARRIVAL; FAILURE TO PERFORM CONTRACT

2105.1 Except as directed by the Commission, a main contestant shall be in the District of Columbia at least twenty-four (24) hours before the contest. The contestant shall notify the promoter of the contestant’s arrival. The promoter shall immediately notify the Commission that the main contestant has arrived. If the Commission directs, a contestant shall complete the contestant's training in the District of Columbia. The Commission shall specify the number of days for this training period.

2105.2 A contestant shall report to the inspector in the dressing room at least one (1) hour before the contestant is scheduled to enter the ring.

2105.3 A contestant who fails to perform in a contest for which the contestant or the manager has signed a contract and who does not furnish an acceptable reason, or doctor’s certificate in case of physical disability, to the Commission shall be subject to disciplinary action.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3732-33 (May 20, 1988).

19 DCMR § 2106 DRESSING ROOM

2106.1 The inspector is in charge of and shall supervise all activity in the dressing room of each contestant.

2106.2 The inspector shall ensure that contestants and seconds are dressed in accordance with this chapter.

2106.3 No person shall enter the contestants’ dressing rooms except contestants, managers, seconds, inspectors, promoters, the promoters’ representatives, Commissioners, or any individual the Commission may deem appropriate to ensure compliance with these regulations.

2106.4 The inspector shall ensure that at any time while one contest is in progress the next set of contestants is ready to enter the ring.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3733 (May 20, 1988).

19 DCMR § 2107 WEIGHT CLASSIFICATIONS

2107.1 The following weight classifications for boxers are hereby established:

(a) Flyweight, at least one hundred twelve pounds (112 lbs.) but not more than one hundred seventeen pounds (117 lbs.);

(b) Bantamweight, over one hundred seventeen pounds (117 lbs.) but not more than one hundred twenty-five pounds (125 lbs.);

(c) Featherweight, over one hundred twenty-five pounds (125 lbs.) but not more than one hundred thirty-four pounds (134 lbs.);

(d) Lightweight, over one hundred thirty-four pounds (134 lbs.) but not more than one hundred forty-five pounds (145 lbs.);

(e) Welterweight, over one hundred forty-five pounds (145 lbs.) but not more than one hundred fifty-nine pounds (159 lbs.);

(f) Middleweight, over one hundred fifty-nine pounds (159 lbs.) but not more than one hundred seventy-three pounds (173 lbs.);

(g) Light heavyweight, over one hundred seventy-three pounds (173 lbs.) but not more than one hundred eighty-nine pounds (189 lbs.);

(h) Cruiserweight, over one hundred eighty-nine pounds (189 lbs.) but not more than one hundred ninety-five pounds (195 lbs.);

(i) Heavyweight, over one hundred ninety-five pounds (195 lbs.).

2107.2 The Commission may, further recognize subcategories of the categories established in this section according to the rules of the association or federation under whose auspices a championship contest is held.

2107.3 The following weight spreads are permissible for matchmaking in boxing events within each weight classification:

(a) Flyweight, no limit;

(b) Bantamweight, not more than four pounds (4 lbs.);

(c) Featherweight, not more than five pounds (5 lbs.);

(d) Lightweight, not more than six pounds (6 lbs.);

(e) Welterweight, not more than seven pounds (7 lbs.);

(f) Middleweight, not more than eight pounds (8 lbs.);

(g) Light heavyweight, not more than ten pounds (10 lbs.);

(h) Cruiserweight, not more than twelve pounds (12 lbs.); and

(i) Heavyweight, no limit.

2107.4 The Commission may waive the requirements of § 2107.3 for good cause.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3733-34 (May 20, 1988).

19 DCMR § 2108 WEIGH-IN

2108.1 Contestants shall be weighed in the presence of each other and of an official of the Commission at such time prior to the contest as deemed appropriate by the Commission.

2108.2 If a contest is postponed for more than twenty-four (24) hours, each contestant shall weigh in again on the actual date of the contest.

2108.3 A contestant shall appear at the time designated by the Commission for weighing in unless the contestant gives timely notice with a sufficient explanation and the absence is excused as proper by the Commission.

2108.4 A contestant shall present the contestant’s license and passport at the weigh-in. If the contestant fails to present the license or passport, the Commission may impose a fine of a minimum of twenty-five dollars ($25.00) and a maximum of one hundred dollars ($100.00) or bar participation by the contestant in the scheduled contest, or both.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3734-35 (May 20, 1988).

19 DCMR § 2109 FAILURE TO MAKE WEIGHT

2109.1 When a contestant fails to make the weight, the Commission may cancel the permit for the contest, move to fine or suspend the contestant, or take other appropriate action.

2109.2 A champion who fails to make the weight for a title match shall lose the title on the scales. If in the ensuing contest the champion who fails to make the weight loses to the challenger who has made the weight, the challenger becomes champion. If the overweight champion wins the contest, the title becomes vacant.

2109.3 A champion in a lower weight class may compete for the title in the weight class above the champion without losing the lower weight class title.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3735 (May 20, 1988).

19 DCMR § 2110 APPEARANCE AND ATTIRE IN THE RING AND PERSONAL EQUIPMENT

2110.1 A contestant shall be clean and present a tidy appearance. If the contestant has hair on or over the contestant’s face, the Commission may require the contestant to shave or trim the hair to a reasonable length, in a manner so as not to interfere with the contestant's vision or with the treatment of cuts or other skin injuries.

2110.2 A male contestant shall wear a foul protection cup of a type satisfactory to the Commission and the contestant. This cup shall be firmly adjusted before leaving the dressing room.

2110.3 A female contestant shall wear a breast protector covered by an outer shirt.

2110.4 A contestant shall wear a mouth piece approved by the Commission.

2110.5 Each contestant shall supply himself or herself with a pair of trunks that are loose-fitting and made of light cloth. Contestants in the same contest shall not wear the same or similar colors in the ring. Leotards or other tight-fitting garments are prohibited.

2110.6 The top of the trunks shall not extend above the waistline.

2110.7 Every promoter shall have on hand, in three (3) sizes, for emergency use three (3) pairs of bright green trunks and three (3) pairs of bright red trunks. The trunks shall be neat, clean, and in presentable appearance. The trunks shall be used when both contestants report with trunks the same or nearly the same color.

2110.8 Shoes shall be of soft material and shall not be fitted with spikes, cleats, hard soles, or hard heels.

2110.9 A contestant may remove shoes and socks if rain causes the canvas to become slippery.

2110.10 A contestant may wear a robe into the ring.

2110.11 Except as otherwise approved by the Commission, a contestant may wear only the apparel described in this section.

2110.12 The Commission or its designee may prohibit from entering, or remove from, the ring any person who is not appropriately attired.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3735-36 (May 20, 1988).

19 DCMR § 2111 BOXING GLOVES

2111.1 A contestant may wear one winding of surgeon’s standard white adhesive tape not over one inch (1”) wide, placed directly on the hand, one inch (1") behind the knuckle to protect the part of the hand near the wrist.

2111.2 A contestant may wear soft surgical bandages held in place by not more than two feet (2’) of surgeon’s adhesive tape for each hand. Ten yards (10 yds.) of soft surgical bandages are allowed for each hand.

2111.3 Contestants shall not adjust the bandages except in the dressing room under the

Supervision of an inspector and in the presence of the other contestant, or as the

Commission’s representative directs.

2111.4 Gloves for the main event shall be put in the ring after the referee has inspected the bandaged hands of both contestants.

2111.5 The promoter shall supply new gloves for the main event.

2111.6 Gloves that are to be reused shall be whole, clean, and in sanitary condition.

2111.7 A glove used in a boxing event shall weigh at least eight ounces (8 oz.).

2111.8 A glove shall have the thumb secured so that it is not independently mobile. The Commission may waive this requirement in championship contests.

2111.9 Contestants shall not break, roughen, or twist the gloves.

2111.10 The inspector shall examine the gloves. If padding is found to be misplaced or lumpy or, if the gloves are found to be imperfect, other gloves shall be substituted before the contest.

2111.10 The inspector shall ensure that the tape, gloves, and other accoutrements worn or used by each contestant and second comply with this section.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3736-37 (May 20, 1988).

19 DCMR § 2112 ANNOUNCERS, ANNOUNCEMENTS, AND INTRODUCTIONS

2112.1 The announcer shall announce for each contest the names of the contestants, their weights, and other matters as directed by the Commission.

2112.2 The announcer shall announce the decision and, when the decision has been made by the judges, whether the decision was unanimous.

2112.3 The promoter shall provide for the announcement of rounds.

2111.4 The announcer shall not introduce any person other than the contestants or make any other special announcements without permission from a member of the Commission.

2112.5 The announcer shall not announce a decision to terminate a contest without the approval of the referee.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3737 (May 20, 1988).

19 DCMR § 2113 REFEREE’S INSPECTION

2113.1 The referee shall inspect the bandages and the gloves of each contestant to ensure that no grease or other foreign substance has been applied thereto.

2113.2 The referee shall ensure that each contestant is wearing a protective cup and mouthpiece.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3737-38 (May 20, 1988).

19 DCMR § 2114 MID-RING INSTRUCTIONS

2114.1 In mid-ring the referee shall instruct the contestants in the following manner:

“You are to box_____ rounds, under the rules of the District of Columbia. Do not hold behind the neck and punch with one hand. Do not strike a rabbit punch. Do not strike a kidney punch. Do not use backhand blows. Do not hit on the break away at any time. Step back cleanly, and break when I tell you to do so. Do not make me pull you apart.”

“In case of a knockdown, I want the contestant scoring it to retire immediately to the neutral corner farthest removed from the knockdown and remain there until I motion him (or her) back, or I will stop counting. A contestant who has been knocked down shall take a count of eight. Penalties are scored in case of fouls. If you lose on a deliberate foul, your purse may be forfeited.”

“Keep your punches up.”

“Shake hands now and come out boxing. Do not shake again until the beginning of the last round.”

2114.2 While instructing the contestants, the referee may demonstrate the instructions for the benefit of the contestants and spectators.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3737-38 (May 20, 1988).

19 DCMR § 2115 LENGTH ROUNDS AND REST PERIODS

2115.1 The length of a round in a professional boxing contest shall be three (3) minutes and there shall be a one (1) minute rest between rounds.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3738 (May 20, 1988).

19 DCMR § 2116 KNOCKDOWNS AND KNOCKOUTS

2116.1 The referees count shall be the official count.

2116.2 If a contestant leaves the ring during the one (1) minute period between rounds and fails to be in the ring when the bell signals to resume boxing, or if a contestant fails to rise from the contestant’s chair at the beginning of a round, the referee shall start counting as soon as the round’s opening bell sounds. The referee shall declare the contestant counted out unless the contestant is on his or her feet in the ring at the end of the ten (10) seconds.

2116.3 The referee may disqualify any contestant who goes down without being struck solely to avoid a blow.

2116.4 If a fallen contestant gets up before the count of ten (10) and goes down again immediately, without being struck, solely to avoid a blow, the referee shall resume the count where it was stopped after the first fall.

2116.5 If a contestant is knocked down, the referee shall order the opponent to go to the neutral corner farthest removed from the fallen contestant and shall point to the corner. The referee shall immediately count over the fallen contestant and loudly announce the passing of seconds, accompanied with a downward motion of the referee’s arm indicating the end of each second.

2116.6 If a contestant fails to stay in the farthest neutral corner while the contestant’s opponent is down, the referee shall stop counting until the contestant has returned to that corner. The referee shall then resume the count from the point where it was interrupted.

2116.7 When a contestant is knocked down, the referee shall complete a count of eight (8), whether or not the contestant is ready to resume the contest.

2116.8 If the contestant is still down at the count of eight (8), the referee shall proceed to a count of ten (10).

2116.9 If the contestant is still down when the referee reaches the count of ten (10), the referee shall wave both arms to indicate that the fallen contestant has been knocked out and shall raise the opponent's right hand to designate the winner. In such a case, the referee shall not declare a technical knockout.

2116.10 The referee shall disqualify any contestant who is knocked down three (3) times in any one (1) round. The Commission may waive this rule in championship contests.

2116.11 If the round ends during the count, the timekeeper shall sound the bell once indicating the end of the round.

2116.12 If a contestant’s corner declares that the contestant will not answer the bell for a round, the other contestant shall be credited with a technical knockout in that round, but not, for the preceding round that has been fought.

2116.13 The contestant's manager or second shall not help back up a contestant who has been knocked out or who has fallen through the ropes or over the edge of the ring platform during a contest. The referee shall begin to count as soon as the contestant leaves the inside of the ring's ropes. If the contestant fails to return by the count of twenty (20), the referee shall declare a technical knockout. The same procedure applies to a contestant who leaves the ring during the contest under any other circumstances.

2116.14 When one contestant has fallen through the ropes, the other contestant shall go to the farthest neutral corner and remain there until the count is completed or until the first contestant is standing in the ring.

2116.15 The referee shall disqualify a contestant who deliberately wrestles or throws an opponent from the ring, or who hits an opponent when the opponent is partly out of the ring and prevented by the ropes from assuming a position of defense.

2116.16 A contestant shall be considered down when any part of the body other than the feet are on the floor or when the body is hanging helplessly over the ropes and the referee has begun to count over the contestant.

2116.17 The referee shall motion into the ring for first aid purposes only the ringside physician. A knocked-out contestant may be moved only on the orders of the ringside physician.

2116.18 No manager or second shall throw a towel, sponge or any other article into the ring as an acknowledgment of defeat.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3738-40 (May 20, 1988).

19 DCMR § 2117 HEAD BUTTS

2117.1 When a contestant is cut as a result of an unintentional head butt, the referee may stop the contest, and may consult with the ringside physician in making such a determination.

2117.2 If the contest has been stopped pursuant to § 2117.1 during the first (3) rounds of the contest, there shall be no decision in the contest.

2117.3 If the contest has been stopped pursuant to § 2117.1 after the first three (3) rounds of the contest, the decision shall be made on the basis of the points accumulated by the contestants at the time the contest is stopped.

2117.4 If a cut caused by an unintentional head butt is enlarged by subsequent legal blows, and the referee stops the contest as a result, the contest shall be decided on the basis of the points accumulated by the contestants at the time the contest is stopped.

2117.5 If a cut caused by an unintentional head butt is enlarged by subsequent head butts, and the referee stops the contest as a result, the contestant who has caused the cut is disqualified, and the opponent shall be declared the winner.

2117.6 When the referee determines that a head butt has been intentional, the referee may order a two (2) point deduction to be made, or disqualify the contestant who has committed the head butt and stop the contest.

2117.7 This section does not apply to championship contests.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3740 (May 20, 1988).

19 DCMR § 2118 SCORING

2118.1 Scoring in boxing events shall be done by three (3) judges sitting on elevated seats at ringside. Judges shall clearly write and sign their decisions.

2118.2 Judges shall score by the “ten (10) point must” system. The winner of any round is marked “ten (10)”. The loser of any round is marked “one (1)” to “nine (9)”. When a round is even each contestant is scored “ten (10)”.

2118.3 Each Judge shall score a contest by carefully considering the elements of offense, defense, clean hitting, ring generalship, and sportsmanship.

2118.4 A judge shall give credit for ring generalship to a knocked-down contestant who takes full advantage of the eight (8) count, and shall not give this credit to a contestant who rises immediately, trying to continue.

2118.5 A contestant who uses foul blows and other tactics as listed in § 2118.2 may be penalized two (2) points for each intentional foul committed and one (1) point for each unintentional foul committed. The referee shall advise each judge immediately after the foul occurs of the number of points to be deducted. This deduction shall be announced to the audience upon conclusion of the round in which the foul occurred.

2118.6 The Commission may overrule the judges for cause.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3741 (May 20, 1988).

19 DCMR § 2119 FOULS

2119.1 No contestant shall commit any of the following fouls:

(a) Hitting the opponent below the belt;

(b) Hitting an opponent who is down or who is rising after being down.

(c) Holding the opponent with one hand and hitting the opponent with the other hand.

(d) Holding the opponent or deliberately maintaining a clinch.

(e) Wrestling with or roughing the opponent to maintain a clinch;

(f) Punching the opponent after being instructed to stop fighting, as when the opponent is helpless and leaning on the ropes to avoid falling;

(g) Hitting the opponent with the head, elbow, or knee;

(h) Hitting the opponent with an open glove, including the inside of the hand, the back of the hand, or the wrist;

(i) Intentionally going down without being hit, to avoid a blow:

(j) Using a pivot blow or rabbit punch, including hitting the back of the opponent’s neck near the base of the skull;

(k) Using a kidney punch, including hitting the part of the back near the spine and over the kidneys;

(l) Hitting the opponent’s eye with the thumb of the glove;

(m) Using the ring ropes to deliver a punch.

(n) Using abusive language in the ring; or

(o) Engaging in any unsportsmanlike trick or action that injures the opponent.

2119.2 The referee shall determine whether or not a foul has been committed.

2119.3 Upon determining that a foul has been committed, the referee may take the following actions:

(a) Warn the contestant that the contestant has committed the foul;

(b) Assess a scoring penalty against the contestant who has committed the foul, as set forth in § 2118.5;

(c) Disqualify the contestant who committed the foul;

(d) Stop the contest; or

(e) Take any other action that the referee deems appropriate not inconsistent with these rules.

2119.4 The referee shall determine whether a fouled contestant can continue. If the referee decides the fouled contestant can continue, but needs a reasonable time to recover, the referee shall interrupt the contest and instruct the timekeeper.

2119.5 When the referee has disqualified a contestant for an intentional foul, the contestant shall not take part in a contest for thirty (30) days following the day of the contest in which the contestant was disqualified.

2119.6 When the referee determines that a contestant has committed a foul intentionally, the Commission shall order that contestant’s purse be withheld pending a final decision as to whether the purse is forfeited.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3741-43 (May 20, 1988).

19 DCMR § 2120 INTENTIONAL LOSSES

2120.1 If the referee determines that one or both of the contestants are attempting to lose the contest, the referee shall stop the contest and notify each contestant involved that the contestant’s purse will be withheld pending a final decision as to whether the purse is forfeited.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3743 (May 20, 1988).

19 DCMR § 2121 FINAL DECISION

2121.1 Judges designated by the Commission shall make the final decision in each event, unless the contest is first stopped by the referee for reason of a knockout, technical knockout, foul, inability of a contestant to continue, or other reason for which the referee is authorized to stop a contest.

2121.2 The referee shall officially designate the winner of each event by raising the right hand of the winner.

2121.2 The Commission may overrule the referee or the judges concerning any decision in a contest.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3743 (May 20, 1988).

19 DCMR § 2122 THE RING

2122.1 The ring in an event shall be at least sixteen feet (16’) square and at most twenty feet (20’) square within the ropes. The ring’s floor shall extend beyond the ropes at least twenty-four inches (24”). The ring shall be padded with felt, corrugated paper, matting, or other soft materials to a thickness of at least one and one-half inches (1 ½”). This padding shall extend at least one foot (1’) beyond the ring’s ropes with a top covering of canvas, duck, or similar material tightly stretched and laced into the ring’s platform. Material that tends to gather in lumps or ridges may not be used.

2122.2 The ring shall not be more than four feet (4’) above the floor of the building or grounds of an outdoor arena and shall have steps for contestants. The ringposts shall not be more than four inches (4”) in diameter, extending from the floor of the building or from the ground to the ringpost height of fifty-eight inches (58”) above the ring’s floor and shall be wrapped in soft material.

2122.3 The ring shall have four (4) ropes. Each rope shall be at least one inch (1”) in diameter. The lowest rope shall be thirteen inches (13”) above the ring’s floor; the second lowest rope shall be twenty-six inches (26”) above the ring's floor; the third lowest rope shall be thirty-nine inches (39”) above the ring's floor; and the highest rope shall be fifty-two inches (52”) above the floor. They shall be held together in the center on each side of the ring with a string extending from the top to the bottom rope. The ropes shall be wrapped in soft material.

2122.4 The promoter shall provide a sufficient number of water buckets and siphon water bottles for the use of all contestants. The promoter shall also provide powdered precipitated calcium carbonate or resin for canvas, stools for seconds, and other articles needed for contests. Each bucket used by a contestant shall be washed and sterilized by the promoter before reuse.

2122.5 The promoter shall provide a first aid stretcher which shall be kept under the ring’s platform at all contests and ensure the availability of an ambulance on site during the event.

2122.6 For the purpose of eliminating wet corners and the danger of slipping, the promoter shall provide a triangular piece of canvas in each contestant’s corner. The canvas shall extend from the ring's ropes to at least four feet (4’) to the center of the ring. The canvas shall be affixed to the ring's post and shall be spread between rounds and rolled back during rounds. The same two (2) corners shall be used for all contests in any one program.

2122.7 The promoter shall provide a timekeeper’s gong, also referred to as the “bell”, which is at least ten inches (10”) in diameter and adjusted securely on a level with the ring platform.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3743-44 (May 20, 1988).

19 DCMR § 2123 TICKETS

2123.1 The promoter shall provide to the Commission, prior to the commencement of an event at which admission is charged, a manifest or report on the number, kind, and price of tickets printed for the contest.

2123.2 Each ticket shall have the price, name of the promoter, date, and place of the event printed plainly on it.

2123.3 No promoter shall sell a ticket at a price other than the price which appears on the ticket.

2123.4 No promoter shall change a ticket price, or the place or date of an event, without the approval of the Commission.

2123.5 Tickets of different prices shall be printed on cardstock of different colors.

2123.6 The total of all complimentary tickets to a contest shall not exceed six percent (6%) of the seating capacity of the venue.

2123.7 Complimentary tickets may be designated as follows:

A maximum of three percent (3%) of the tickets to a contest may be designated as complimentary for distribution to the general public, including, but not limited to, sponsors, friends and family members of the promoter, a contestant, or other participant.

Additional tickets to a contest, up to the maximum limit established by § 2123.6, may be designated as complimentary for distribution to at-risk youth, active members of the military, veterans, and their family members.

2123.8 The promoter of an event shall be subject to a penalty equaling five percent (5%) of the average ticket price, as determined by the Commission, for any complimentary tickets that exceed the maximum limits established by § 2123.6 and § 2123.7.

2123.9 Each complimentary ticket shall be marked “Complimentary” and be clearly marked to reflect whether it has been designated as a military, youth, or general complimentary ticket.

2123.10 No person, except members of the Metropolitan Police Department, the working press, Commission officials and employees, and official photographers who have been assigned to duty at an event, may be admitted without a ticket.

2123.11 Each ticket collected at the gate shall be separated from the stub when an attendee enters through the admission gate.

2123.12 All tickets collected at the gate shall be deposited in a locked box.

2123.13 An official of the Commission shall check the number and location of ticket boxes at the gates, ensure that the ticket boxes are sealed and locked in accordance with § 2123.12, and open the ticket boxes and count the tickets after the event.

2123.14 At each event, representatives of the promoter and the inspector assigned by the Commission shall supervise the gates and the gate receipts.

2123.15 After each event where an admission fee is charged, the promoter and the designated Commission official shall submit and sign a detailed report on the results of the contest, attendance, number of tickets sold at various prices, and total gate receipts.

History

• SOURCE: Final Rulemaking published at 35 DCR 3710, 3716 (May 20, 1988); as amended by Final Rulemaking published at 63 DCR 1018 (January 29, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2123

19 DCMR § 2124 [RESERVED]

19 DCMR § 2125 COMPENSATION

2125.1 The total purse for a professional contestant may be no less than fifty dollars ($50) for each round scheduled in a contest.

2125.2 A contestant’s share of the purse shall be at least sixty-six and two-thirds percent (66 2/3%) of the total purse.

2125.3 The promoter shall pay a contestant whose total purse is less than two thousand five hundred dollars ($2,500) by cash, money order, or certified check.

2125.4 The promoter shall pay the contestant the amount specified in the contract. Payment shall be made only to the contestant or to the person the Commission recognizes as the manager of the contestant, provided that the manager has on file with the Commission an authorization to receive payment signed by the contestant.

2125.5 No contestant shall give, and no licensee shall accept, any share of the contestant’s purse that was not earned by the licensee.

2125.6 A contestant may not be paid for the contestant’s services before a contest.

2125.7 The Commission may withhold the purse from a contestant and order that it be forfeited, in whole or part, if the Commission determines that the contestant did not put forth his or her best efforts in the contest.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3745-46 (May 20, 1988).

19 DCMR § 2126 PROTECTION OF CONTESTANTS DURING EVENT

2126.1 The examining physician shall attend to the contestants at the immediate ringside until the conclusion of the final contest on a program.

2126.2 After the final contest on a program the examining physician shall go to the dressing room and ascertain whether any contestant has been injured in the ring. If so, the physician shall ensure that the contestant receives the necessary medical treatment.

2126.3 Before engaging in any contest each contestant shall be physically examined at a time and place designated by the Commission by a licensed physician appointed by the Commission. The inspector shall ensure that all contestants comply with this requirement.

2126.4 No contestant may take part in a contest without the approval of a licensed physician appointed by the Commission. The physician shall certify the facts of the physical examination.

2126.5 The Commission may revoke or take other action against a contestant’s license if it finds that the contestant, at any time before or during a contest, has used any drug, alcohol, or stimulant that alters the physical or mental state or the performance of a contestant.

2126.6 Immediately before and during a contest a contestant or second may use the following substances and materials or any other substances and materials as approved by the Commission:

(a) Vaseline;

(b) Clean towel (white);

(c) Adrenalin Chloride (1:1,000);

(d) Q-Tips;

(e) Ice bags;

(f) Bandages;

(g) Clean sponges;

(h) Scissors;

(i) Gauze pads; and

(j) Water.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3746-47 (May 20, 1988).

19 DCMR § 2127 PROTECTION OF CONTESTANTS AFTER EVENT

2127.1 After an event, the Commission, in its discretion, may order a rest period from four (4) to ninety (90) days in length for a contestant, considering the difficulty of the contest for the contestant and the number and severity of the blows absorbed by the contestant. The contestant shall not compete again for the duration of such a rest period.

2127.2 When a contestant has been subject to repeated knockdowns or beatings, or for other reasons of health and safety, the Commission may request that the contestant retire, and should the contestant not do so, move to revoke the contestant's license.

2127.3 In case of serious injury to a contestant, the Commission may conduct an investigation to determine if there has been a violation of this chapter on the part of any person.

2127.4 The Commission may investigate, require a medical examination of, or report to other jurisdictions a contestant who has had six (6) straight defeats.

2127.5 If a contestant has had four (4) straight knockouts, the Commission may hold a hearing to determine whether the contestant is any of the following:

(a) A “tanker” or contestant who intentionally loses a contest;

(b) Incompetent;

(c) Physically unfit; or

(d) Under unscrupulous management.

2127.6 A contestant who suffers a concussion or six (6) straight knockouts shall not compete again for at least six (6) months following the last knockout. After that period, three (3) physicians appointed by the Commission, one of whom shall be a neurosurgeon, shall determine medically whether the contestant is eligible for further competition. The Commission shall then determine whether the contestant’s license may be revoked. The physician’s examination shall include an electroencephalogram (EEG) and a computerized axial tomography (CAT) scan. This information shall be provided to the Commission and entered into the Commission's record and into the contestant’s passport.

2127.7 Except as provided in § 2127.8, a contestant who loses by a knockout shall not compete again for sixty (60) days, and a contestant who loses by a technical knockout decision shall not compete again for thirty (30) days.

2127.8 The Commission may permit a contestant to compete before the end of the period provided in § 2127.7 if a physician approved by the Commission examines the contestant and determines that the contestant has fully recovered.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3747-48 (May 20, 1988).

19 DCMR § 2128 MANAGERS

2128.1 No person shall manage a contestant without a written, notarized contract with the contestant, which shall be on file with the Commission.

2128.2 The Commission shall accept for filing only the original or a certified copy of the standard Commission contract for managers and contestants.

2128.3 No manager shall execute a contract which assigns a contestant’s or manager’s interest without the prior approval of the Commission.

2128.4 No manager shall have more than two (2) contestants in any one program without the written approval of the Commission.

2128.5 No manager shall attempt to select or exclude a judge or referee in a contest in which the contestant under his or her management participates.

2128.6 A contestant’s manager may act as a second for the contestant without a second’s license.

2128.7 A contestant may have not more than one (1) manager.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3748-49 (May 20, 1988).

19 DCMR § 2129 [RESERVED]

19 DCMR § 2130 [RESERVED]

19 DCMR § 2131 SECONDS

2131.1 Each contestant shall have at least two (2) and not more than three (3) seconds. Only one (1) second is allowed inside the ring between rounds.

2131.2 No person who holds only a second's license shall act as a manager, assist in procuring matches, or take a share of the contestant’s earnings.

2131.3 A manager acting as a second shall be neatly attired when in the ring. No headdress may be worn in the ring. A towel used by a second shall be white and clean.

2131.4 A second shall submit to the dressing room inspector all equipment and first aid accessories intended for use in the ring.

2131.5 During a round, a second shall not assist the contestant vocally or by using the hands, face, or body; shall not attempt to heckle or annoy the opponent; and shall remain seated and silent.

2131.6 A second shall not enter a ring until the bell indicates the end of a round; shall leave the ring at the sound of the timers whistle, ten (10) seconds before a round is to begin; and shall remove all obstructions, buckets, and the stool promptly at the sound of the gong.

2131.7 No second shall enter the ring during a round.

2131.8 Each contestant shall name for each contest a chief second who shall be responsible for the conduct of the assistant seconds during the contest.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3749 (May 20, 1988).

19 DCMR § 2132 TIMEKEEPERS

2132.1 The timekeeper shall sit at ringside closest to the gong. The timekeeper shall indicate the beginning and end of each round by striking the gong once with a metal hammer.

2132.2 The timekeeper may have a whistle and an accurate stopwatch that an inspector of the Commission has examined and certified.

2132.3 The timekeeper shall warn the seconds of the contestants by blowing a whistle ten (10) seconds before the beginning of each round.

2132.4 Prior to starting a contest the referee shall obtain from each contestant the name of the chief second. The referee shall hold that chief second responsible for the conduct of the assistant seconds during the contest.

2132.5 A referee shall wear solid dark trousers, a gray shirt with elbow length sleeves and collar, and a black bow tie, and standard low-cut boxing shoes.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3749-50 (May 20, 1988).

19 DCMR § 2133 JUDGES

2133.1 The Commission shall designate three (3) judges for each contest, who shall score the contestants and make final decisions.

2133.2 The Commission may designate substitute judges for a contest in the absence of the judges originally designated for the contest. Such substitutes may be licensed referees, members of the Commission or other officials of the Commission.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3750 (May 20, 1988).

19 DCMR § 2134 REFEREES

2134.1 The referee is the chief official in each contest. The referee shall enforce these rules during the contest.

2134.2 The referee may stop a contest if the referee thinks one of the contestants is clearly disadvantaged or if a contestant appears injured. The referee may interrupt a contest and consult with the examining physician on the advisability of stopping the contest.

2134.3 The referee may disqualify a contestant, with or without previous warning, for fouling, depending on the gravity of the foul.

2134.4 Prior to starting a contest the referee shall obtain from each contestant the name of the chief second. The referee shall hold that chief second responsible for the conduct of the assistant seconds during the contest.

2134.5 A referee shall wear solid dark trousers, a gray shirt with elbow length sleeves and collar, and a black bow tie, and standard low-cut boxing shorts.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3750 (May 20, 1988).

19 DCMR § 2135 [RESERVED]

19 DCMR § 2136 [RESERVED]

19 DCMR § 2137 AMATEUR BOXING EVENTS

2137.1 The Commission shall cooperate in the enforcement of United States Amateur Boxing Federation or National Collegiate Athletic Association rules; provided, that these rules are not contrary to this chapter or chapter 16 of this title.

2137.2 In addition to the requirements of amateur rules, the promoter of an amateur event shall:

(a) Obtain a contest permit prior to holding the event;

(b) Provide the Commission with the tax exemption number of the promoter;

(c) Submit to the Commission, prior to commencement of the event, when admission is charged, a manifest or report on the number, kind, and price of the tickets printed for the event;

(d) Obtain the services of two (2) ringside physicians, licensed and approved by the Commission; and

(e) Ensure the availability of an ambulance on site during the event.

2137.3 The promoter shall provide, at a minimum, the following:

(a) Rosin boxes;

(b) Gloves;

(c) Water buckets and siphon bottles;

(d) Stretcher;

(e) Adequate lighting;

(f) Stools;

(g) Steps leading into the ring at both corners;

(h) A ring that is ready four (4) hours before the event; and

(i) A ring that is four feet (4’) above the floor, with four (4) strand ropes secured by strings on all sides, corner and canvas paddings one and one-half (1 ½”) inches thick, clean and sanitary.

2137.4 Each contestant competing in any amateur event shall be properly fitted with, and at all times during the event shall wear, protective head gear and a mouthpiece, approved by the Commission.

2137.5 Each contestant competing in any amateur event shall use thumbless or thumb- attached padded gloves approved by the Commission.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3750-52 (May 20, 1988).

19 DCMR § 2199 DEFINITIONS

2199.1 As used in this chapter, the following terms and phrases have the meanings ascribed:

Contest - single boxing match.

Contestant - a boxer taking part in a specific contest.

Boxing event - a boxing contest, match, exhibition, or showing.

Program - one or more contests held at the same place on the same day or for which a single admission fee is charged.

Take down - clinching or wrestling an opponent to the mat.

Technical knockout - a termination of a contest by the referee in order to protect an injured, defenseless contestant, and such that the decision is awarded to the non-injured contestant unless that contestant has caused injury by fouling.

2199.2 The definitions in § 2099 of Chapter 20 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 35 DCR 3731, 3752 (May 20, 1988).

19-22 WRESTLING EVENTS

19 DCMR § 2200 APPLICABILITY

2200.1 This chapter applies to wrestling events, professional and amateur, in the District of Columbia and to the participants in these events.

2200.2 Chapter 20 of this title (Boxing and Wrestling General Rules and Procedures) supplements this chapter.

History

• SOURCE: Final Rulemaking at 35 DCR 3753 (May 20, 1988).
• AUTHORITY: Unless otherwise noted, the authority for this chapter is Section 7 of the District of Columbia Boxing and Wrestling Commission Act, D.C. Law 1-20, D.C. Code § 2-606 (1981).

19 DCMR § 2201 [RESERVED]

19 DCMR § 2202 [RESERVED]

19 DCMR § 2203 CONTRACTS

2203.1 No person shall promote a professional event in the District without having first entered into a valid written contract, conforming to the requirements of this chapter with each contestant or manager.

2203.2 A contract required by this section shall include the following information;

(a) The contestant’s name;

(b) The amount of compensation to be paid to the contestant;

(c) A certification by the contestant or the contestant’s manager that the contestant is in excellent physical condition and that the contestant is not concealing any illness or injury; and

(d) A statement by the contestant that the contestant will report immediately to the Commission if the contestant is approached by any person regarding a bribe or a fake or sham event.

2203.3 The promoter shall provide the Commission with the originals or certified copies of all contracts between the promoter and all contestants at least five (5) days before the event.

2203.4 No contract shall provide for, contemplate, or be conditioned upon the performance by a contestant of services other than participating in one contest.

History

• SOURCE: Final Rulemaking at 35 DCR 3753, 3754 (May 20, 1988).

19 DCMR § 2204 PROVISION OF NAMES OF CONTESTANTS

2204.1 The promoter of a wrestling event shall furnish the Commission the names of each contestant at least four (4) days before the event.

History

• SOURCE: Final Rulemaking at 35 DCR 3753, 3754 (May 20, 1988).

19 DCMR § 2205 ARRIVAL; FAILURE TO PERFORM CONTRACT

2205.1 A contestant shall report to the inspector in the dressing room at least one (1) hour before the contestant is scheduled to enter the ring.

2205.2 A contestant who fails to perform in a contest for which the contestant or the manager has signed a contract and who does not furnish an acceptable reason, or doctor’s certificate in case of physical disability, to the Commission is subject to disciplinary action.

History

• SOURCE: Final Rulemaking at 35 DCR 3753, 3754 (May 20, 1988).

19 DCMR § 2206 DRESSING ROOM

2206.1 The inspector is in charge of and shall supervise all activity in the dressing room of each contestant.

2206.2 The inspector shall ensure that contestants and seconds are dressed in accordance with this chapter.

2206.3 No person shall enter the contestants’ dressing rooms except contestants, managers, seconds, inspectors, promoters, the promoters’ representatives, Commissioners, or any individual the Commission may deem appropriate to ensure compliance with these regulations.

2206.4 The inspector shall ensure that at any time while one contest is in progress the next set of contestants is ready, to enter the ring.

History

• SOURCE: Final Rulemaking at 35 DCR 3753, 3754 (May 20, 1988).

19 DCMR § 2207 APPEARANCE OF CONTESTANTS

2207.1 Contestants shall be clean and neat in appearance.

2207.2 The skin of each contestant shall be free from grease, lotions, or other foreign substances.

History

• SOURCE: Final Rulemaking at 35 DCR 3753, 3754 (May 20, 1988).

19 DCMR § 2208 ANNOUNCERS, ANNOUNCEMENTS, AND INTRODUCTIONS

2208.1 The announcer shall announce for each contest the names of the contestants, their weights, and other matters as directed by the Commission.

2208.2 The announcer shall announce the decision, and, when the decision has been made by the judges, whether the decision was unanimous.

2208.3 The announcer shall not introduce any person other than the contestants or make any other special announcements without permission from a member of the Commission.

2208.4 The announcer shall not announce a decision to terminate a contest without the approval of the referee.

History

• SOURCE: Final Rulemaking at 35 DCR 3753, 3755 (May 20, 1988).

19 DCMR § 2209 THE RING

2209.1 The ring in an event shall be at least sixteen feet (16’) square and at most twenty feet (20’) square within the ropes. The ring's floor shall extend beyond the ropes at least twenty-four inches (24”). The ring shall be padded with felt, corrugated paper, matting, or other soft materials to a thickness of at least one and one-half inches (1 ½”). This padding shall, extend at least one foot (1’) beyond the ring’s ropes with a top covering of canvas, duck, or similar material tightly stretched and laced into the ring’s platform. Material that tends to gather in lumps or ridges may not be used.

2209.2 The ring shall not be more than four feet (4’) above the floor of the building or grounds of an outdoor arena and shall have steps for contestants. The ringposts shall not be more than four inches (4”) in diameter, extending from the floor of the building or from the ground to the ringpost height of fifty-eight inches (58”) above the ring’s floor and shall be wrapped in soft material.

2209.3 The ring shall have four (4) ropes. Each rope shall be at least one inch (1”) in diameter. The lowest rope shall be thirteen inches (13”) above the ring’s floor; the second lowest rope shall be twenty-six inches (26”) above the ring’s floor; the third lowest rope shall be thirty-nine inches (39”) above the ring’s floor; and the highest rope shall be fifty-two inches (52”) above the floor. They shall be held together in the center on each side of the ring with a string extending from the top to the bottom rope. The ropes shall be wrapped in soft material.

2209.4 The promoter shall provide a first aid stretcher which shall be kept under the ring’s platform at all contests and ensure the availability of an ambulance on site during the contest.

2209.5 The promoter shall provide a timekeeper’s gong, also referred to as the “bell”, which is at least ten inches (10”) in diameter and adjusted securely on a level with the ring platform.

History

• SOURCE: Final Rulemaking at 35 DCR 3753, 3755-56 (May 20, 1988).

19 DCMR § 2210 TICKETS

2210.1 The promoter shall provide to the Commission, prior to the commencement of an event at which admission is charged, a manifest or report on the number, kind, and price of tickets printed for the contest.

2210.2 Each ticket shall have the price, name of the promoter, date, and place of the event printed plainly on it.

2210.3 No promoter shall sell a ticket at a price other than the price which appears on the ticket.

2210.4 No promoter shall change a ticket price, or the place or date of an event, without the approval of the Commission.

2210.5 Tickets of different prices shall be printed on cardstock of different colors.

2210.6 The total of all complimentary tickets to a contest shall not exceed six percent (6%) of the seating capacity of the venue.

2210.7 Complimentary tickets may be designated as follows:

A maximum of three percent (3%) of the tickets to a contest may be designated as complimentary for distribution to the general public, including, but not limited to, sponsors, friends and family members of the promoter, a contestant, or other participant.

Additional tickets to a contest, up to the maximum limit established by §2210.6, may be designated as complimentary for distribution to at-risk youth, active members of the military, veterans, and their family members.

2210.8 The promoter of an event shall be subject to a penalty equaling five percent (5%) of the average ticket price, as determined by the Commission, for any complimentary tickets that exceed the maximum limits established by § 2210.6 and § 2210.7.

2210.9 Each complimentary ticket shall be marked “Complimentary” and be clearly marked to reflect whether it has been designated as a military, youth, or general complimentary ticket.

2210.10 No person, except members of the Metropolitan Police Department, the working press, Commission officials and employees, and official photographers who have been assigned to duty at an event, may be admitted without a ticket.

2210.11 Each ticket collected at the gate shall be separated from the stub when an attendee enters through the admission gate.

2210.12 All tickets collected at the gate shall be deposited in a locked box.

2210.13 An official of the Commission shall check the number and location of ticket boxes at the gates, ensure that the ticket boxes are sealed and locked in accordance with § 2210.12, and open the ticket boxes and count the tickets after the event.

2210.14 At each event, representatives of the promoter and the inspector assigned by the Commission shall supervise the gates and the gate receipts.

2210.15 After each event where an admission fee is charged, the promoter and the designated Commission official shall submit and sign a detailed report on the results of the contest, attendance, number of tickets sold at various prices, and total gate receipts.

History

• SOURCE: Final Rulemaking published at 35 DCR 3753, 3756-57 (May 20, 1988); as amended by Final Rulemaking published at 63 DCR 1018 (January 29, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2210

19 DCMR § 2211 PROTECTION OF CONTESTANTS

2211.1 In case of serious injury to a contestant, the Commission may conduct an investigation to determine if there has been a violation of this chapter on the part of any person.

2211.2 The examining physician shall attend to the contestants at the immediate ringside until the conclusion of the final contest on a program.

2211.3 After the final contest on a program the examining physician shall go to the dressing room and ascertain whether any contestant has been injured in the ring.

If so, the physician shall ensure that the contestant receives the necessary medical treatment.

2211.4 Before engaging in any contest each contestant shall be physically examined at a time and place designated by the Commission by a licensed physician appointed by the Commission. An inspector shall ensure that all contestants comply with this requirement.

2211.5 No contestant may take part in an event without the approval of a licensed physician appointed by the Commission. The physician shall certify the facts of the physical examination.

2211.6 The Commission may revoke or take other action against a contestant’s license if it finds that the contestant, at any time before or during an event, has used any drug, alcohol, or stimulant that alters the physical or mental state or the performance of a contestant.

History

• SOURCE: Final Rulemaking at 35 DCR 3753, 3758 (May 20, 1988).

19 DCMR § 2212 APPEAL OF DECISION

2212.1 A contestant may appeal the decision of a referee to the Commission if the contestant believes the referee was unfair in any ruling.

History

• SOURCE: Final Rulemaking at 35 DCR 3753, 3758 (May 20, 1988).

19 DCMR § 2299 DEFINITIONS

2299.1 As used in this chapter, the following terms and phrases have the meanings ascribed:

Contest - a single wrestling match.

Contestant - a wrestler taking part in a specific contest.

Event - a wrestling contest, match, exhibition, or showing.

2299.2 The definitions in § 2299 of Chapter 22 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking at 35 DCR 3753, 3758 (May 20, 1988).

19-23 KICKBOXING EVENTS

19 DCMR § 2300 APPLICABILITY

2300.1 This chapter applies to kickboxing events, professional and amateur, in the District of Columbia and to the participants in these events.

2300.2 Chapter 20 of this title (Boxing and Wrestling General Rules and Procedures) supplements this chapter.

History

• SOURCE: Final Rulemaking at 35 DCR 3759 (May 20, 1988).
• AUTHORITY: Unless otherwise noted, the authority for this chapter is Section 7 of the District of Columbia Boxing and Wrestling Commission Act, D.C. Law 1-20, D.C. Code § 2-606 (1994 Repl.).

19 DCMR § 2301 [RESERVED]

19 DCMR § 2302 [RESERVED]

19 DCMR § 2303 CONTRACTS

2303.1 No person shall promote a professional event in the District without having first entered into a valid written contract, conforming to the requirements of this chapter, with each contestant or manager.

2303.2 A contract required by this section shall include the following information;

(a) The contestant’s name;

(b) The amount of compensation to be paid to the contestant;

(c) The number of rounds in the contest;

(d) A certification by the contestant or the contestant’s manager that the contestant is in excellent physical condition and that the contestant is not concealing any illness or injury;

(e) A statement by the contestant that the contestant will report immediately to the Commission if the contestant is approached by any person regarding a bribe or a fake or sham event; and

(f) A requirement that the contestant present the contestant’s passport at the official weigh-in if the contestant’s jurisdiction issues one.

2303.3 The promoter shall provide the Commission with the originals or certified copies of all contracts between the promoter and all contestants at least five (5) days before the event.

2303.4 No contract shall provide for, contemplate, or be conditioned upon the performance by a contestant of and services other than participating in one contest.

History

• SOURCE: Final Rulemaking at 35 DCR 3759-60 (May 20, 1988).

19 DCMR § 2304 [RESERVED]

19 DCMR § 2305 ARRIVAL; FAILURE TO PERFORM CONTRACT

2305.1 A contestant shall report to the inspector in the dressing room at least one (1) hour before the contestant is scheduled to enter the ring.

2305.2 A contestant who fails to perform in a contest for which the contestant or the manager has signed a contract and who does not furnish an acceptable reason, or doctor’s certificate in case of physical disability, to the Commission is subject to disciplinary action.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3760 (May 20, 1988).

19 DCMR § 2306 DRESSING ROOM

2306.1 The inspector is in charge of and shall supervise all activity in the dressing room of this section according to the rules of the association or federation under whose auspices a championship contest is held.

2306.2 The inspector shall ensure that contestants and seconds are dressed in accordance with this chapter.

2306.3 No person shall enter the contestants’ dressing rooms except contestants, managers seconds, inspectors, promoters, the promoter’s representatives, Commissioners, or any individual the Commission may deem appropriate to ensure compliance with these regulations.

2306.4 The inspector shall ensure that at any time while one contest is in progress the next set of contestants is ready to enter the ring.

History

• SOURCE: Final Rulemaking at 35 DCR 3759-60 (May 20, 1988).

19 DCMR § 2307 WEIGHT CLASSIFICATIONS

2307.1 The following weight classifications for kickboxers are hereby established:

(a) Flyweight, one hundred twelve pounds (112 lbs.) or under;

(b) Bantamweight; over one hundred twelve pounds (112 lbs.) but not more than one hundred and twenty-five pounds (125 lbs.);

(c) Super Lightweight, over one hundred twenty-five pounds (125 lbs.) but not more than one forty-five pounds (145 lbs.);

(d) Lightweight, over one hundred thirty-four pounds (134 lbs.) but not more than one hundred forty-five pounds (145 lbs.);

(e) Welterweight, over one hundred forty-five pounds (145 lbs.) but not more than one hundred fifty-eight pounds (158 lbs.);

(f) Middleweight, over one hundred fifty-eight pounds (158 lbs.) but not more than one hundred seventy pounds (170 lbs.);

(g) Light heavy weight, over one hundred seventy pounds (170 lbs.) but not more than one hundred eighty-four pounds (184 lbs.);

(h) Heavyweight, over one hundred eighty-four pounds (184 lbs.) but not more than two hundred twenty-one (221 lbs.) pounds; and

(i) Super heavy weight, over two hundred twenty-one pounds (221 lbs.).

2307.2 The Commission may further recognize subcategories of the categories established in this section according to the rules of the association or federation under whose auspices a championship contest is held.

2307.3 The following weight spread is permissible for matchmaking in kickboxing events within each weight classification:

(a) Flyweight, no limit;

(b) Bantamweight, not more than four pounds (4 lbs.);

(c) Super Lightweight, not more than five pounds (5 lbs.);

(d) Lightweight, not more than six pounds (6 lbs.);

(e) Welterweight, not more than seven pounds (7 lbs.);

(f) Middleweight, not more than eight pounds (8 lbs.);

(g) Light heavyweight, not more than nine pounds (9 lbs.);

(h) Heavyweight, no limit; and

(i) Super Heavyweight, no limit.

2307.4 The Commission may waive the requirements of § 2307.3 for good cause.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3760-62 (May 20, 1988).

19 DCMR § 2308 WEIGH-IN

2308.1 Contestants shall be weighed in the presence of each other and an official of the Commission or at such other time prior to the contest as deemed appropriate by the Commission.

2308.2 If a contest is postponed for more than twenty-four (24) hours, each contestant shall weigh in again on the actual date of the contest.

2308.3 A contestant shall appear at the time designated by the Commission for weighing in unless notice with a sufficient explanation is timely given and the absence is excused as proper by the Commission.

2308.4 A contestant shall present the contestant’s license and passport at the weigh-in. If the contestant fails to present the license or passport, the Commission may impose a fine of a minimum of twenty-five dollars ($25.00) and a maximum of one hundred dollars ($100.00) or bar participation by the contestant in the scheduled contest, or both.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3762 (May 20, 1988).

19 DCMR § 2309 RESERVED

19 DCMR § 2310 FAILURE TO MAKE WEIGHT

2310.1 When a contestant fails to make the weight, the Commission may cancel the permit for the contest, move to fine or suspend the contestant or take other appropriate action.

2310.2 A champion who fails to make the weight for a title match shall lose the title on the scales. If in the ensuing contest the champion who fails to make the weight loses to the challenger who has made the weight, the challenger becomes champion. If the overweight champion wins the contest, the title becomes vacant.

2310.3 A champion in a lower weight class may compete for the title in the weight class above the champion without losing the lower weight class title.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3762-63 (May 20, 1988).

19 DCMR § 2311 CONTESTANTS’ EQUIPMENT

2311.1 Contestants shall wear gloves, headgear, a mouthpiece, foot pads, and shin guards approved by the Commission.

2311.2 In bouts of welterweights or lighter, the gloves shall be eight ounces (8 oz.). In the middleweight and heavier classes, gloves shall be ten ounces (10 oz.).

2311.3 On each foot, contestants shall use soft surgical bandage which shall not exceed two inches (2”) in width. The bandages shall not exceed four (4) bindings around the sole and instep and four (4) bindings around the ankle.

2311.4 The bandage shall be held in place by surgeon’s adhesive tape which shall not exceed one and one-half inches (1 ½”) in width. The tape shall cross the foot once and around the sole and heel once.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3763 (May 20, 1988).

19 DCMR § 2312 LENGTH AND NUMBER OF ROUNDS

2312.1 The length of a round in a contest is two (2) minutes, and there is a one (1) minute rest between rounds.

2312.2 A professional contest shall be scheduled for a minimum of five (5) rounds.

2312.3 An amateur contest may not exceed five (5) rounds.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3763 (May 20, 1988).

19 DCMR § 2313 ANNOUNCERS, ANNOUNCEMENTS, AND INTRODUCTIONS

2313.1 The announcer shall announce for each contest the names of the contestants, their weights, and other matters as directed by the Commission.

2313.2 The announcer shall announce the decision, and when the decision has been made by the judges, whether the decision was unanimous.

2313.3 The promoter shall provide for the announcement of rounds.

2313.4 The announcer shall not introduce any person other than the contestants or make any other special announcements without permission from a member of the Commission.

2313.5 The announcer shall not announce a decision to terminate a contest without the approval of the referee.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3763-64 (May 20, 1988).

19 DCMR § 2314 REFEREE’S INSPECTION

2314.1 The referee shall inspect the bandages and the gloves of each contestant to ensure that no grease or other foreign substance has been illegally applied thereto.

2314.2 The referee shall ensure that each contestant is wearing a protective cup and mouthpiece.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3764 (May 20, 1988).

19 DCMR § 2315 MINIMUM KICK REQUIREMENT OFFICIALS

2315.1 In addition to the judges and referee, the Commission shall designate two (2) minimum kick requirement officials, one assigned to each contestant.

2315.2 The minimum kick requirement official assigned to a contest shall sit in the corner opposite to that contestant.

2315.3 The minimum kick requirement official shall determine the contestant’s compliance with § 2316.

2315.4 A minimum kick requirement official shall use a kick counter ballot to enter the number of kicks executed by the official's assigned contestant during each round.

2315.5 If a contestant executes less than the minimum required kicks in any round, the official shall notify the referee of the number of kicks executed. The referee shall notify the scorekeeper, who shall record the appropriate penalty.

2315.6 Upon failure of any contestant to meet the minimum kick requirements for a round, the assessed penalty and any consequences shall be announced to the public before the beginning of the next round.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3764 (May 20, 1988).

19 DCMR § 2316 MINIMUM KICKING REQUIREMENTS

2316.1 Each contestant shall execute a minimum of eight (8) kicking techniques during the course of each round.

2316.2 A minimum kick requirement official shall credit a contestant with a kick only when the contestant clearly attempts to make contact with a legal target area of the opponent's body.

2316.3 Each contestant who fails to execute the minimum kicks shall be penalized one (1) point for each kick under the required minimum of eight (8).

2316.4 If a contestant fails to execute a minimum kick requirement in any two (2) rounds of a three (3) to eight (8) round contest, the referee shall stop the contest and award the victory to the opponent.

2316.5 If a contestant fails to execute the minimum kick requirements in any three (3) rounds of a contest of nine (9) or more rounds, the referee shall stop the contest and award the victory to the opponent.

2316.6 If both contestants fail to execute the minimum kick requirements for either two (2) or three (3) rounds, as applicable in §§ 2316.4 and 2316.5, the referee shall declare the contest a draw.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3764-65 (May 20, 1988).

19 DCMR § 2317 SWEEPS AND FOLLOW-UP TECHNIQUES

2317.1 A contestant shall execute a sweep only by making a sweeping motion with the padded area of the kicking foot, such that only the padded area could strike the opponent.

2317.2 After a successful sweep, a contestant shall not execute any further technique against an opponent if any part of the opponent’s body, except the feet, is touching the floor.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3765 (May 20, 1988).

19 DCMR § 2318 HEAD BUTTS

2318.1 When a contestant is cut as a result of an unintentional head butt, the referee may stop the contest, and may consult with the ringside physician in making such a determination.

2318.2 If the contest has been stopped pursuant to § 2118.1 during the first three (3) rounds of the contest, there shall be no decision in the contest.

2318.3 If the contest has been stopped pursuant to § 2118.1 after the first three (3) rounds of the contest, the decision shall be made on the basis of the points accumulated by the contestants at the time the contest is stopped.

2318.4 If a cut caused by an unintentional head butt is enlarged by subsequent legal blows, and the referee stops the contest as a result, the contest shall be decided on the basis of the points accumulated by the contestants at the time the contest is stopped.

2318.5 If a cut caused by an unintentional head butt is enlarged by subsequent head butts, and the referee stops the contest as a result, the contestant who has caused the cut is disqualified, and the opponent shall be declared the winner.

2318.6 When the referee determines that a head butt has been intentional, the referee may order a two (2) point deduction to be made, or disqualify the contestant who has committed the head butt and stop the contest.

2318.7 This section does not apply to championship contests

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3765-66 (May 20, 1988).

19 DCMR § 2319 FOULS

2319.1 No contestant shall commit any of the of following fouls:

(a) Striking the face with any part of the arm other than the gloved hand;

(b) Kicking to the leg;

(c) Take downs;

(d) Sweeping above the area designated for sweeps;

(e) Grabbing or holding onto an opponent’s foot or leg, followed by a takedown or a strike;

(f) Holding the ropes with one hand while kicking, punching or defending with the other hand or a leg;

(g) Extending the leg to check an opponent's leg to prevent him or her from kicking;

(h) Hitting the opponent below the belt;

(i) Hitting an opponent who is down or who is rising after being down;

(j) Holding the opponent with one hand and hitting the opponent with the other hand;

(k) Holding the opponent or deliberately maintaining a clinch;

(l) Wrestling with or roughing the opponent to maintain a clinch;

(m) Punching the opponent after being instructed to stop fighting, as when the opponent is helpless and leaning on the ropes to avoid falling;

(n) Hitting the opponent with the head, elbow, or knee;

(o) Hitting the opponent with an open glove, including the inside of the hand, the back of the hand, or the wrist;

(p) Intentionally going down without being hit, to avoid a blow;

(q) Using a pivot blow or rabbit punch, including hitting the back of the opponent’s neck near the base of the skull;

(r) Using a kidney punch, including hitting the part of the back near the spine and over the kidneys;

(s) Hitting the opponent’s eye with the thumb of the glove;

(t) Using the ring ropes to deliver a punch;

(u) Using abusive language in the ring; or

(v) Engaging in any unsportsmanlike trick or action that injures the opponent.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3766-67 (May 20, 1988).

19 DCMR § 2320 INTENTIONAL LOSSES

2320.1 If the referee determines that one or both of the contestants are attempting to lose the contest, the referee shall stop the contest and notify each contestant involved that the contestant’s purse will be withheld pending a final decision as to whether the purse is forfeited.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3767 (May 20, 1988).

19 DCMR § 2321 FINAL DECISION

2321.1 Judges designated by the Commission shall make the final decision in each event, unless the contest is first stopped by the referee for reason a knockout, technical knockout, foul, inability of a contestant to continue, or other reason for which the referee is authorized to stop a contest.

2321.2 The referee shall officially designate the winner of each event by raising the right hand of the winner.

2321.3 The Commission may overrule the referee or the judges concerning any decision in a contest.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3767 (May 20, 1988).

19 DCMR § 2322 THE RING

2322.1 The ring in an event shall be at least sixteen feet (16’) square and at most twenty feet (20’) square within the ropes. The ring’s floor shall extend beyond the ropes at least twenty-four inches (24”). The ring shall be padded with felt, corrugated paper, matting, or other soft materials to a thickness of at least one and one-half inches (1½”). This padding shall extend at least one foot (1’) beyond the ring’s ropes with a top covering of canvas, duck, or similar material tightly stretched and laced into the ring’s platform. Material that tends to gather in lumps or ridges may not be used.

2322.2 The ring shall not be more than four feet (4’) above the floor of the building or grounds of an outdoor arena and shall have steps for contestants. The ringposts shall not be more than four inches (4”) in diameter, extending from the floor of the building or from the ground to the ringpost height of fifty-eight inches (58”) above the ring’s floor and shall be wrapped in soft material.

2322.3 The ring shall have four (4) ropes. Each rope shall be at least one inch (1”) in diameter. The lowest rope shall be thirteen inches (13”) above the ring’s floor; the second lowest rope shall be twenty-six inches (26”) above the ring’s floor; the third lowest rope shall be thirty-nine inches (39”) above the ring’s floor; and the highest rope shall be fifty-two inches (52”) above the floor. They shall be held together in the center on each side of the ring with a string extending from the top to the bottom rope. The ropes shall be wrapped in soft material.

2322.4 The promoter shall provide a sufficient number of water buckets and siphon water bottles for the use of all contestants. The promoter shall also provide powdered precipitated calcium carbonate or resin for canvas, stools for seconds, and other articles needed for contests. Each bucket used by a contestant shall be washed and sterilized by the promoter before reuse.

2322.5 The promoter shall provide a first aid stretcher which shall be kept under the ring’s platform at all contests, and ensure the availability of an ambulance on site during the event.

2322.6 For the purpose of eliminating wet corners and the danger of slipping, the promoter shall provide a triangular piece of canvas in each contestant’s corner. The canvas shall extend from the ring’s ropes to at least four feet (4’) to the center of the ring. The canvas shall be affixed to the ring’s post and shall be spread between rounds and rolled back during rounds. The same two (2) corners shall be used for all contests in any one program.

2322.7 The promoter shall provide a timekeeper’s gong, also referred to as the “bell”, which is at least ten inches (10”) in diameter and adjusted securely on a level with the ring platform.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3768-69 (May 20, 1988).

19 DCMR § 2323 TICKETS

2323.1 The promoter shall provide to the Commission, prior to the commencement of an event at which admission is charged, a manifest or report on the number, kind, and price of tickets printed for the contest.

2323.2 Each ticket shall have the price, name of the promoter, date, and place of the event printed plainly on it.

2323.3 No promoter shall sell a ticket at a price other than the price which appears on the ticket.

2323.4 No promoter shall change a ticket price, or the place or date of an event, without the approval of the Commission.

2323.5 Tickets of different prices shall be printed on cardstock of different colors.

2323.6 The total of all complimentary tickets to a contest shall not exceed six percent (6%) of the seating capacity of the venue.

2323.7 Complimentary tickets may be designated as follows:

(a) A maximum of three percent (3%) of the tickets to a contest may be designated as complimentary for distribution to the general public, including, but not limited to, sponsors, friends and family members of the promoter, a contestant, or other participant.

(b) Additional tickets to a contest, up to the maximum limit established by § 2323.6, may be designated as complimentary for distribution to at-risk youth, active members of the military, veterans, and their family members.

2323.8 The promoter of an event shall be subject to a penalty equaling five percent (5%) of the average ticket price, as determined by the Commission, for any complimentary tickets that exceed the maximum limits established by § 2323.6 and § 2323.7.

2323.9 Each complimentary ticket shall be marked “Complimentary” and be clearly marked to reflect whether it has been designated as a military, youth, or general complimentary ticket.

2323.10 No person, except members of the Metropolitan Police Department, the working press, Commission officials and employees, and official photographers who have been assigned to duty at an event, may be admitted without a ticket.

2323.11 Each ticket collected at the gate shall be separated from the stub when an attendee enters through the admission gate.

2323.12 All tickets collected at the gate shall be deposited in a locked box.

2323.13 An official of the Commission shall check the number and location of ticket boxes at the gates, ensure that the ticket boxes are sealed and locked in accordance with § 2323.12, and open the ticket boxes and count the tickets after the event.

2323.14 At each event, representatives of the promoter and the inspector assigned by the Commission shall supervise the gates and the gate receipts.

2323.15 After each event where an admission fee is charged, the promoter and the designated Commission official shall submit and sign a detailed report on the results of the contest, attendance, number of tickets sold at various prices, and total gate receipts.

History

• SOURCE: Final Rulemaking published at 35 DCR 3759, 3769-70 (May 20, 1988); as amended by Final Rulemaking published at 63 DCR 1018 (January 29, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2323

19 DCMR § 2324 PROTECTION OF CONTESTANTS

2324.1 In case of serious injury to a contestant, the Commission may conduct an investigation to determine if there has been a violation of this chapter on the part of any person.

2324.2 The examining physician shall attend to the contestants at the immediate ringside until the conclusion of the final contest on a program.

2324.3 After the final contest on a program the examining physician shall go to the dressing room and ascertain whether any contestant has been injured in the ring. If so, the physician shall ensure that the contestant receives the necessary medical treatment.

2324.4 Before engaging in any contest each contestant shall be physically examined at a time and place designated by the Commission by a licensed physician appointed by the Commission. An inspector shall ensure that all contestants comply with this requirement.

2324.5 No contestant may take part in an event without the approval of a licensed physician appointed by the Commission. The physician shall certify the facts of the physical examination.

2324.6 The Commission may revoke or take other action against a contestant’s license if it finds that the contestant, at any time before or during an event, has used any drug, alcohol, or stimulant that alters the physical or mental state or the performance of a contestant.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3770 (May 20, 1988).

19 DCMR § 2325 MANAGERS

2325 No person shall manage a contestant without written, notarized contract with the contestant, which shall be with the Commission on file.

2325.2 The Commission shall accept for filing only the original or a certified copy of the standard Commission contract for managers and contestant.

2325.3 No manager shall execute a contract which assigns a contestant’s or manager’s interest without the prior approval of the Commission.

2325.4 No manager shall have more than two (2) contestants in any one program without the written approval of the Commission.

2325.5 No manager shall attempt to select or exclude a judge or referee in a contest in which the contestant under his or her management participates.

2325.6 A contestant may have not more than one (1) manager.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3771 (May 20, 1988).

19 DCMR § 2326 TIMEKEEPERS

2326.1 The timekeeper shall sit at ringside closest to the gong. The timekeeper shall indicate the beginning and end of each round by striking the gong once with a metal hammer.

2326.2 The timekeeper have a whistle and an accurate stopwatch that an inspector of the Commission has examined and certified.

2326.3 The timekeeper shall warn the seconds of the contestants by blowing a whistle ten (10) seconds before the beginning of each round.

2326.4 A knockdown timekeeper shall assist the timekeeper. As soon as a contestant is knocked down, the knockdown timekeeper shall strike the floor of the ring with a hammer or mallet at one (1) second intervals as long as the contestant is down on the floor. This count may continue beyond ten (10) since the referee may encounter difficulty keeping the contestant scoring the knockdown in the farthest corner. In this case the knockdown timekeeper shall continue to strike the floor, and the referee, upon resuming the count, shall pick up the count with the beat of the timekeeper’s hammer or mallet.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3771-72 (May 20, 1988).

19 DCMR § 2327 JUDGES

2327.1 The Commission shall designate three (3) judges for each contest, who shall score the contestants and make final decisions.

2327.2 The Commission may designate substitute judges for a contest in the absence of the judges originally designated for the contest. Such substitutes may be licensed referees, members of the Commission or other officials of the Commission.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3772 (May 20, 1988).

19 DCMR § 2328 REFEREES

2328.1 The referee is the chief official in each contest. The referee shall enforce these rules during the contest.

2328.2 The referee may stop a contest if the referee thinks one of the contestants is clearly disadvantaged or if a contestant appears injured. The referee may interrupt a contest and consult with the examining physician on the advisability of stopping the contest.

2328.3 The referee may disqualify a contestant, with or without previous warning, for fouling, depending on the gravity of the foul.

2328.4 Prior to starting a contest the referee shall obtain from each contestant the name of the chief second. The referee shall hold that chief second responsible for the conduct of the assistant seconds during the contest.

2328.5 A referee shall wear solid dark trousers, a gray shirt with elbow length sleeves and collar, and a black bow tie, and standard low-cut boxing shoes.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3772 (May 20, 1988).

19 DCMR § 2329 AMATEUR KICKBOXING CONTESTS

2329.1 In amateur contests the referee may discontinue the contest for a standing eight (8) count to any contestant who is stunned or disoriented as a result of a blow even though still standing.

2329.2 The referee shall direct the opponent to a neutral corner, then begin counting from one (1) to eight (8).

2329.3 During the count, the referee shall observe the disoriented contestant and determine if he or she can continue. If at the end of the count the referee determines that the contestant is able to continue, the contest shall resume. If the contestant is unable to continue, the referee shall stop the contest and declare the opponent the winner by technical knockout.

2329.4 Each contestant competing in any amateur contest shall be properly fitted with, and at all times during the event shall wear, protective headgear and a mouthpiece, approved by the Commission.

2329.5 Each contestant competing in any amateur contest shall use thumbless or thumb-attached padded gloves approved by the Commission.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3772-73 (May 20, 1988).

19 DCMR § 2399 DEFINITIONS

2399.1 As used in this chapter, the following terms and phrases have the meanings ascribed:

Contest - single kickboxing match.

Contestant - a kickboxer taking part in a specific contest.

Event – a kickboxing contest, match, exhibition, or showing.

2399.2 The definitions in § 2099 of Chapter 20 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking at 35 DCR 3759, 3773 (May 20, 1988).

19-24 MIXED MARTIAL ARTS UNIFORM RULES

19 DCMR § 2400 APPLICABILITY

2400.1 This chapter applies to mixed martial arts events, both professional and amateur, in the District of Columbia and to the participants in and promoters of these events.

2400.2 Chapter 20 of this title (Boxing and Wrestling General Rules and Procedures) shall supplement this chapter.

History

• SOURCE: Final Rulemaking published at 54 DCR 7221 (July 27, 2007).

19 DCMR § 2401 WEIGHT CLASSES OF MIXED MARTIAL ARTISTS

2401.1 Mixed martial artists shall be divided into weight classes in accordance with the current version of the Unified Rules of Mixed Martial Arts as adopted by the Association of Boxing Commissions and Combative Sports (ABC) (http://www.abcboxing.com/unified-weight-classes-mma/) as of October 31, 2017. Any changes made to the Unified Rules of Mixed Martial Arts after October 31, 2017 shall be voted on and approved by the District of Columbia Boxing and Wrestling Commission prior to adoption and publication in the District of Columbia Register.

History

• SOURCE: Final Rulemaking published at 54 DCR 7221 (July 27, 2007); as amended by Final Rulemaking published at 65 DCR 6541 (June 15, 2018). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2401

19 DCMR § 2402 FIGHTING AREA

2402.1 The fighting area canvas shall be no smaller than 18 feet by 18 feet and no larger than 32 feet by 32 feet. The fighting area canvas shall be padded in a manner as approved by the Commissioner, with at least one-inch layer of foam padding. Padding shall extend beyond the fighting area and over the edge of the platform. No vinyl or other plastic rubberized covering shall be permitted.

2402.2 The fighting area canvas shall not be more than four feet above the floor of the building and shall have suitable steps or ramp for use by the participants. Posts shall be made of metal not more than six inches in diameter, extending from the floor of the building to a minimum height of 58 inches above the fighting area canvas and shall be properly padded in a manner approved by the Commissioner.

2402.3 The fighting area canvas area shall be enclosed by a cage or fence made of such material as will not allow a fighter to fall out or break through it onto the floor or spectators, including, but not limited to, vinyl coated chain link fencing. All metal parts shall be covered and padded in a manner approved by the Commissioner and shall not be abrasive to the contestants.

2402.4 The cage or fence shall provide two separate entries onto the fighting area canvas.

History

• SOURCE: Final Rulemaking published at 54 DCR 7222 (July 27, 2007); as amended by Final Rulemaking published at 65 DCR 6541 (June 15, 2018). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2402

19 DCMR § 2403 STOOLS

2403.1 A ring stool of a type approved by the Commissioner shall be available for each contestant.

2403.2 An appropriate number of stools or chairs, of a type approved by the Commissioner, shall be available for each contestant's seconds. Such stools or chairs shall be located near each contestant's corner.

2403.3 All stools and chairs used must be thoroughly cleaned or replaced after the conclusion of each bout.

History

• SOURCE: Final Rulemaking published at 54 DCR 7222 (July 27, 2007).

19 DCMR § 2404 EQUIPMENT

2404.1 For each bout, the promoter shall provide a clean water bucket and a clean plastic water bottle in each corner.

History

• SOURCE: Final Rulemaking published at 54 DCR 7223 (July 27, 2007).

19 DCMR § 2405 SPECIFICATIONS FOR BANDAGES ON MIXED MARTIAL ARTIST'S HANDS

2405.1 In all weight classes, the bandages on each contestant's hand shall be restricted to soft gauze cloth not more than 13 yards in length and two inches in width, held in place by not more than 10 feet of surgeon's tape, one inch in width, for each hand.

2405.2 Surgeon's adhesive tape shall be placed directly on each hand for protection near the wrist. The tape may cross the back of the hand twice and extend to cover and protect the knuckles when the hand is clenched to make a fist.

2405.3 The bandages shall be evenly distributed across the hand.

2405.4 Bandages and tape shall be placed on the contestant's hands in the dressing room in the presence of the inspector and in the presence of the manager or chief second of his or her opponent.

2405.5 Under no circumstances are gloves to be placed on the hands of a contestant until the approval of the inspector is received.

History

• SOURCE: Final Rulemaking published at 54 DCR 7223 (July 27, 2007).

19 DCMR § 2406 MOUTH PIECES

2406.1 All contestants are required to wear a mouthpiece during competition. The mouthpiece shall be subject to examination and approval by the attending physician.

2406.2 The round cannot begin without the mouthpiece in place.

2406.3 If the mouthpiece is involuntarily dislodged during competition, the referee shall call time, clean the mouthpiece, and reinsert the mouthpiece at the first opportune moment, without interfering with the immediate action.

History

• SOURCE: Final Rulemaking published at 54 DCR 7223 (July 27, 2007).

19 DCMR § 2407 PROTECTIVE EQUIPMENT

2407.1 Male mixed martial artists shall wear a groin protector of their own selection, of a type approved by the Commissioner.

2407.2 Female mixed martial artists are prohibited from wearing groin protectors.

2407.3 Female mixed martial artists shall wear a chest protector during competition. The chest protector shall be subject to approval of the Commissioner.

History

• SOURCE: Final Rulemaking published at 54 DCR 7223 (July 27, 2007).

19 DCMR § 2408 GLOVES

2408.1 The gloves shall be new for all events and in good condition or they shall be replaced.

2408.2 All contestants shall wear gloves weighing not less than four (4) ounces, and not more than eight (8) ounces.

2408.3 All gloves worn by contestants shall be supplied by the promoter and approved by the Commission.

2408.4 No contestant shall supply his or her own gloves for participation.

2408.5 Contestants shall not wear damaged gloves during a match. Only new gloves that are of the same weight and in good condition shall replace damaged gloves.

History

• SOURCE: Final Rulemaking published at 54 DCR 7223 (July 27, 2007); as amended by Final Rulemaking published at 65 DCR 6541 (June 15, 2018). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2408

19 DCMR § 2409 APPAREL

2409.1 Each contestant shall wear mixed martial arts shorts, biking shorts, or kickboxing shorts.

2409.2 Gi's or shirts are prohibited during competition.

2409.3 Shoes are prohibited during competition.

History

• SOURCE: Final Rulemaking published at 54 DCR 7224 (July 27, 2007).

19 DCMR § 2410 APPEARANCE

2410.1 All contestants shall be cleanly shaven immediately prior to competition, except that a contestant may wear a closely cropped mustache.

2410.2 Hair shall be trimmed or tied back in such a manner as not to interfere with the vision of either contestant or cover any part of a contestant's face.

2410.3 Jewelry or piercing accessories are prohibited during competition.

History

• SOURCE: Final Rulemaking published at 54 DCR 7224 (July 27, 2007).

19 DCMR § 2411 ROUND LENGTH

2411.1 Except as provided for in § 2411.3, each non-championship mixed martial arts contest shall be three (3) rounds, of five (5) minutes duration, with a one (1)-minute rest period between each round.

2411.2 Except as provided for in § 2411.3, each championship mixed martial arts contest shall be five (5) rounds, of five (5) minutes duration, with a one (1)-minute rest period between each round.

2411.3 The number and duration of rounds for any mixed martial arts contest may be modified upon approval by the Commission.

History

• SOURCE: Final Rulemaking published at 54 DCR 7224 (July 27, 2007); as amended by Final Rulemaking published at 66 DCR 6627 (May 31, 2019). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2411

19 DCMR § 2412 STOPPING A CONTEST

2412.1 The referee and ringside physician are the sole arbiters of a bout and are the only individuals authorized to enter the fighting area at any time during competition and authorized to stop a contest.

History

• SOURCE: Final Rulemaking published at 54 DCR 7224 (July 27, 2007).

19 DCMR § 2413 JUDGING

2413.1 All bouts will be evaluated and scored by three judges.

2413.2 Judging and scoring of all bouts shall be conducted in accordance with the judging and scoring criteria established in the current version of the Unified Rules of Mixed Martial Arts as adopted by the Association of Boxing Commissions and Combative Sports (ABC)

(http://www.abcboxing.com/wp-content/uploads/2017/10/2017-Official-MMA-Judging-Criteria.pdf) as of October 31, 2017. Any changes made to the Unified Rules of Mixed Martial Arts after October 31, 2017 shall be voted on and approved by the District of Columbia Boxing and Wrestling Commission prior to adoption and publication in the District of Columbia Register.

History

• SOURCE: Final Rulemaking published at 54 DCR 7224 (July 27, 2007); as amended by Final Rulemaking published at 65 DCR 6541 (June 15, 2018). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2413

19 DCMR § 2414 WARNINGS

2414.1 The referee shall issue a single warning for the following infractions. After the initial warning, if the prohibited conduct persists, a penalty will be issued. The penalty may result in a deduction of points or disqualification:

(a) Holding or grabbing the fence;

(b) Holding opponent's shorts or gloves; or

(c) The presence of more than one second on the fighting area perimeter.

History

• SOURCE: Final Rulemaking published at 54 DCR 7226 (July 27, 2007).

19 DCMR § 2415 FOULS

2415.1 A contestant shall be subject to penalty if he or she commits any foul as established by the current version of the Unified Rules of Mixed Martial Arts as adopted by the Association of Boxing Commissions and Combative Sports (ABC) (http://www.abcboxing.com/wp-content/uploads/2017/10/2017-Fouls-Unified-Rules-MMA.pdf) as of October 31, 2017. Any changes made to the Unified Rules of Mixed Martial Arts after October 31, 2017 shall be voted on and approved by the District of Columbia Boxing and Wrestling Commission prior to adoption and publication in the District of Columbia Register.

2415.2 Disqualification occurs after any combination of three fouls or after a referee determines that a foul was intentional and flagrant.

2415.3 Fouls will result in a point being deducted by the official scorekeeper from the offending mixed martial artist's score.

2415.4 Only a referee can assess a foul. If the referee does not call the foul, judges shall not make that assessment on his or her own and cannot factor such into their scoring calculations.

2415.5 A fouled fighter has up to five minutes to recuperate.

2415.6 If a foul is committed, the referee shall:

(a) Call time;

(b) Check the fouled mixed martial artist's condition and safety; and

(c) Assess the foul to the offending contestant, deduct points, and notify each corner's seconds, the judges, and the official scorekeeper.

2415.7 If a bottom contestant commits a foul, unless the top contestant is injured, the fight shall continue, so as not to jeopardize the top contestant's superior positioning at the time. In such scenarios, the referee shall act as follows:

(a) The referee shall verbally notify the bottom contestant of the foul;

(b) When the round is over, the referee shall assess the foul and notify both corners' seconds, the judges and the official scorekeeper; and

(c) The referee may terminate a bout based on the severity of a foul. For such a flagrant foul, a contestant shall lose by disqualification.

History

• SOURCE: Final Rulemaking published at 54 DCR 7226 (July 27, 2007); as amended by Final Rulemaking published at 65 DCR 6541 (June 15, 2018). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2415

19 DCMR § 2416 INJURIES SUSTAINED DURING COMPETITION

2416.1 If an injury sustained during competition as a result of a legal maneuver is severe enough to terminate a bout, the injured contestant loses by technical knockout.

2416.2 If an injury sustained during competition as a result of an intentional foul is severe enough to terminate a bout, the contestant causing the injury loses by disqualification.

2416.3 If an injury sustained during competition as a result of an intentional foul and the bout is allowed to continue, the referee shall notify the scorekeeper to automatically deduct two points from the contestant who committed the foul.

2416.4 If an injury sustained during competition as a result of an intentional foul causes the injured contestant to be unable to continue at a subsequent point in the contest, the injured contestant shall win by technical decision, if he or she is ahead on the scorecards. If the injured contestant is even or behind on the score cards at the time of stoppage, the outcome of the bout shall be declared a technical draw.

2416.5 If a contestant injures himself or herself while attempting to foul his or her opponent, the referee shall not take any action in his or her favor, and the injury shall be treated in the same manner as an injury produced by a fair blow.

2416.6 If an injury sustained during competition as a result of an accidental foul is severe enough for the referee to stop the bout immediately, the bout shall result in a no contest if stopped before two rounds have been completed in a three-round bout or if stopped before three rounds have been completed in a five-round bout.

2416.7 If an injury sustained during competition as a result of an accidental foul is severe enough for the referee to stop the bout immediately, the bout shall result in a technical decision awarded to the contestant who is ahead on the score cards at the time the bout is stopped only when the bout is stopped after two rounds of a three- round bout, or three rounds of a five-round bout have been completed.

2416.8 There will be no scoring of an incomplete round. However, if the referee penalizes either contestant, then the appropriate points shall be deducted when the scorekeeper calculates the final score.

History

• SOURCE: Final Rulemaking published at 54 DCR 7227 (July 27, 2007).

19 DCMR § 2417 BOUT RESULTS

2417.1 Judges designated by the Commission shall make the final decision in each event, unless the referee first stops the contest. Types of decisions are as follows;

(a) Submission by Tap Out or Verbal Tap Out;

(b) Technical knockout;

(c) Knockout;

(d) Decision via scorecards;

(e) Draw;

(f) Disqualification;

(g) Forfeit;

(h) Technical draw;

(i) Technical decision; and

(j) No contest.

2417.2 The referee shall officially designate the winner of each event by raising the right hand of the winner.

2417.3 Notwithstanding section 2317.1, the Commission may overrule the referee or the judges concerning any decision in a contest.

History

• SOURCE: Final Rulemaking published at 54 DCR 7228 (July 27, 2007).

19 DCMR § 2418 TICKETS

2418.1 The promoter shall provide to the Commission, prior to the commencement of an event at which admission is charged, a manifest or report on the number, kind, and price of tickets printed for the contest.

2418.2 Each ticket shall have the price, name of the promoter, date, and place of the event printed plainly on it.

2418.3 No promoter shall sell a ticket at a price other than the price which appears on the ticket.

2418.4 No promoter shall change a ticket price, or the place or date of an event, without the approval of the Commission.

2418.5 Tickets of different prices shall be printed on cardstock of different colors.

2418.6 The total of all complimentary tickets to a contest shall not exceed six percent (6%) of the seating capacity of the venue.

2418.7 Complimentary tickets may be designated as follows:

(a) A maximum of three percent (3%) of the tickets to a contest may be designated as complimentary for distribution to the general public, including, but not limited to, sponsors, friends and family members of the promoter, a contestant, or other participant.

(b) Additional tickets to a contest, up to the maximum limit established by § 2418.6, may be designated as complimentary for distribution to at-risk youth, active members of the military, veterans, and their family members.

2418.8 The promoter of an event shall be subject to a penalty equaling five percent (5%) of the average ticket price, as determined by the Commission, for any complimentary tickets that exceed the maximum limits established by § 2418.6 and § 2418.7.

2418.9 Each complimentary ticket shall be marked “Complimentary” and be clearly marked to reflect whether it has been designated as a military, youth, or general complimentary ticket.

2418.10 No person, except members of the Metropolitan Police Department, the working press, Commission officials and employees, and official photographers who have been assigned to duty at an event, may be admitted without a ticket.

2418.11 Each ticket collected at the gate shall be separated from the stub when an attendee enters through the admission gate.

2418.12 All tickets collected at the gate shall be deposited in a locked box.

2418.13 An official of the Commission shall check the number and location of ticket boxes at the gates, ensure that the ticket boxes are sealed and locked in accordance with § 2418.12, and open the ticket boxes and count the tickets after the event.

2418.14 At each event, representatives of the promoter and the inspector assigned by the Commission shall supervise the gates and the gate receipts.

2418.15 After each event where an admission fee is charged, the promoter and the designated Commission official shall submit and sign a detailed report on the results of the contest, attendance, number of tickets sold at various prices, and total gate receipts.

History

• SOURCE: Final Rulemaking published at 63 DCR 1018 (January 29, 2016). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 2418

19 DCMR § 2419 LICENSING

2419.1 All mixed martial arts events shall be subject to the licensing requirements of 19 DCMR Chapter 20.

2419.2 The fee for a mixed martial artist license shall be as set forth in 17 DCMR Chapter 35.

History

• SOURCE: Final Rulemaking published at 54 DCR 7229 (July 27, 2007).

19 DCMR § 2420 BOND PROCEDURE

2420.1 All mixed martial arts events shall be subject to the bond procedure requirements of D.C. Official Code § 3-606(d).

History

• SOURCE: Final Rulemaking published at 54 DCR 7229 (July 27, 2007).

19 DCMR § 2421 INSPECTORS

2421.1 All mixed martial arts events shall be subject to inspection by the Commission and its inspectors pursuant to D.C. Official Code § 3-606(e), § 3-606(g), and 19 DCMR 2023.

History

• SOURCE: Final Rulemaking published at 54 DCR 7229 (July 27, 2007).

19 DCMR § 2422 HEALTH AND SAFETY RULES

2422.1 All mixed martial arts events shall comply with the health and safety requirements of 19 DCMR 2126 regarding the protection of contestants during an event.

2422.2 All mixed martial arts events shall comply with the health and safety requirements of 19 DCMR 2127 regarding the protection of contestants after an event.

2422.3 All promoters of mixed martial arts events shall provide medical information, facilities and equipment, including but not limited to a stretcher and emergency oxygen, adequate for emergency occasions, and an ambulance for each mixed martial arts event, and all such medical facilities and equipment shall be approved in advance by the Commission.

2422.4 All mixed martial arts events shall comply with the insurance requirements of 19 DCMR 2026.

History

• SOURCE: Final Rulemaking published at 54 DCR 7229 (July 27, 2007).

19 DCMR § 2423 WEIGH-IN OF MIXED MARTIAL ARTS CONTESTANTS

2423.1 Contestants shall be weighed in the presence of each other and of an official of the Commission at such time prior to the contest as deemed appropriate by the Commission.

2423.2 If a contest is postponed for more than twenty-four (24) hours, each contestant shall weigh in again on the actual date of the contest.

2423.3 A contestant shall appear at the time designated by the Commission for weighing in unless the contestant gives timely notice with a sufficient explanation and the Commission excuses the absence.

2423.4 A contestant shall present the contestant's license and passport at the weigh-in. If the contestant fails to present the license or passport, the Commission may impose a fine of a minimum of twenty-five dollars ($ 25.00) and a maximum of one hundred dollars ($ 100.00) or bar participation by the contestant in the scheduled contest, or both.

History

• SOURCE: Final Rulemaking published at 54 DCR 7229 (July 27, 2007).

19 DCMR § 2499 DEFINITIONS

2499.1 As used in this chapter, the following terms and phrases have the meanings ascribed:

Decision via scorecards - A decision made based upon the scores recorded by the judges on the scorecard during the bout. Decisions may be unanimous, split, or majority as defined below:

1. Unanimous decision: When all three judges score the bout for the same contestant;

2. Split decision: When two judges score the bout for one contestant and one judge scores for the opponent; or

3. Majority decision: When two judges score the bout for the same contestant and one judge scores a draw.

Disqualification: When an injury sustained during competition as a result of an intentional foul is severe enough to terminate the contest.

Draw: When the bout is scored a tie by the judges unanimously, by a majority, or by a split as defined below:

1. Unanimous decision - When all three judges score the bout a draw;

2. Majority decision - When two judges score the bout a draw; or

3. Split decision - When all three judges score differently and the score total results in a draw.

Forfeit - When a contestant fails to begin competition or prematurely ends the contest for reasons other than injury or by indicating a tap out.

Knockout - The failure of a contestant to rise from the canvas.

Majority decision - When two judges score the bout for the same contestant and one judge scores a draw.

No contest - When a contest is prematurely stopped due to accidental injury and a sufficient number of rounds have not been completed to render a decision via the scorecards.

Split decision - When two judges score the bout for one contestant and one judge scores for the opponent.

Tap out - When a contestant physically uses his hand to indicate that he or she no longer wishes to continue.

Technical decision - When the bout is prematurely stopped due to injury and a contestant is leading on the scorecards.

Technical draw - When an injury sustained during competition as a result of an intentional foul causes the injured contestant to be unable to continue and the injured contestant is even or behind on the score cards at the time of stoppage.

Technical knockout - When a referee stops bout, a ringside physician stops bout, or when an injury as a result of a legal maneuver is severe enough to terminate a bout.

Unanimous Decision - When all three judges score the bout the same for each contestant.

Verbal tap out - When a contestant verbally announces to the referee that he or she does not wish to continue.

2424.2 The definitions in § 2099 of Chapter 20 of this title are incorporated by reference into and are applicable to this chapter.

History

• SOURCE: Final Rulemaking published at 54 DCR 7230 (July27, 2007).

19-27 D.C. SPORTS COMMISSION: BY-LAWS

19 DCMR § 2700 ESTABLISHMENT; PURPOSE

2700.1 There is established as an independent authority of the District government a District of Columbia Sports Commission (the “Commission”).

2700.2 The Commission is created as a corporate body and instrumentality of the District for the following purposes:

(a) Promoting the District as a location for holding sporting events which will enhance the District’s economic development through, among other things, tourism, job opportunities, entertainment, business development, and national and international exposure;

(b) Providing community outreach and grassroots recreation for all residents of the District, especially children;

(c) Coordinating the development, construction, and implementation of new facilities and related infrastructure, and the improvement of existing facilities in the District including issuing bonds, notes, or other obligations to finance the acquisition, construction, rehabilitation, or expansion of such facilities;

(d) Managing and maintaining facilities in the District which presently exist and which may hereafter be constructed by the Commission or the District;

(e) Promoting and marketing sports events in the District and participation in such sports events, including, but not limited to, boxing, wrestling, martial arts, track and field, gymnastics, basketball, and other matches, contests, exhibitions, and showings, professional as well as amateur, of any kind or nature; and

(f) Owning and operating professional sports franchises in the District.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is the Omnibus Sports Consolidation Act of 1994, as amended, D.C. Law 10-152, D.C. Code §§ 2-4001 et seq. (1994 Repl. and 1999 Supp.).
• SOURCE: Final Rulemaking published at 44 DCR 487 (January 24, 1997), incorporating by reference the text of Proposed Rulemaking published at 43 DCR 3100- 3101 (June 14, 1996). EDITOR’S NOTE: These regulations repealed the by-laws of the DC Armory Board and established the District of Columbia Sports Commission By-Laws.

19 DCMR § 2701 OFFICES

2701.1 The principal office of the Commission shall be located within the Robert F. Kennedy Memorial Stadium, 2400 East Capitol Street, SE, Washington, D.C. 20003- 1794.

2701.2 The Commission may maintain such other offices within the District as it deems appropriate.

2701.3 The Board of Directors, by majority vote, may change the principal office from time to time by amendment of these By-laws.

History

• SOURCE: Final Rulemaking published at 44 DCR 487 (January 24, 1997), incorporating by reference the text of Proposed Rulemaking published at 43 DCR 3100, 3101 (June 14, 1996).

19 DCMR § 2702 BOARD OF DIRECTORS

2702.1 All powers of the Commission shall be vested in and exercised by or under the authority of, and the affairs of the Commission managed under the direction of, the Board of Directors.

2702.2 All members of the Board of Directors shall be residents of the District. Members of the Board of Directors shall include prominent business, civic, and sports leaders. Representation on the Board of Directors shall include, but not be limited to, individuals with experience and understanding of the political, financial, and organizational structure of sports.

2702.3 The DC Sports Commission Board of Directors (the “Board”) shall consist of 11 members, 8 of whom shall be nominated by the Mayor of the District of Columbia subject to the advice and consent of the Council of the District of Columbia. The Commanding General of the District of Columbia National Guard, the Chief Financial Officer of the District of Columbia and the Director of the District of Columbia Department of Parks and Recreation shall serve as an ex officio members of the Board of Directors with full privileges of Board membership.

2702.4 Each member, before assuming the duties of Board membership, shall take and Subscribe to an oath to perform the duties of office faithfully, impartially, and justly to the best of the member’s ability.

2702.5 Members, other than the ex officio members shall serve a 4-year term of office, except that of the members first appointed, 1 member shall be appointed to a 1-year term of office, 2 members shall be appointed to a 2-year term of office, 2 members shall be appointed to a 3-year term of office, and 3 members shall be appointed to a 4-year term of office from August 18, 1995 until December 31 of the applicable year.

2702.6 Vacancies on the Board shall be filled in the same manner that the original appointment was made.

2702.7 A member whose term has expired may continue to serve until a new member is appointed. Members shall be eligible for reappointment.

2702.8 A member may resign at any time by delivering written notice to the Chairperson. Once delivered, such notice of resignation is irrevocable and, unless otherwise specified, shall be effective upon receipt by the Chairperson.

2702.9 Upon written notice by a majority of the Board, a member may be removed for failure to establish or maintain District residency, misconduct, or neglect of duty. Notwithstanding, if a member is indicted for the commission of a felony, the member shall be automatically suspended from serving on the Board. Upon a final determination of guilt or innocence, the term of such member shall, respectively, be automatically terminated or reinstated.

History

• SOURCE: Final Rulemaking published at 44 DCR 487 (January 24, 1997), incorporating by reference the text of Proposed Rulemaking published at 43 DCR 3100, 3101-3102 (June 14, 1996).

19 DCMR § 2703 MEETINGS

2703.1 The Board shall conduct not less than four annual regularly scheduled meetings at any place within the District. Other meetings of the Board may be convened by the Chairperson, or by a majority of the members of the Board.

2703.2 All meetings of the Board shall be open to the public, except that the Board may exclude the public when meeting in executive session.

2703.3 Any resolution, rule, act, regulation, or other official action required or permitted to be taken at a meeting of the Board may be taken without a meeting if the action is supported by the affirmative vote of seven (7) members of the Board, except that actions so taken by the Board authorizing the issuance of bonds, notes or other obligations shall require the affirmative vote of seven (7) members, including the Chief Financial Officer of the District of Columbia. Any action so taken shall be evidenced by one or more written consents describing the action taken, signed by each affirming member of the Board, and included in the minutes or filed with the Secretary to the Board. Unless otherwise specified, action taken pursuant hereto is effective upon ratification at a meeting of the Board.

2703.4 Except as provided in section 2702.9, all members shall be permitted to participate in any meeting of the Board, or conduct any such meeting, through or by any means of communication by which all participating directors may simultaneously hear each other during the meeting. A member participating in a meeting by such means is deemed present in person at the meeting.

2703.5 As soon as practicable, prior to any regularly scheduled meeting, the Commission shall publish in the D.C. Register the date, time and place of all regularly scheduled meetings. Except as specifically provided in these By-Laws, the purpose of any meeting of the Board need not be stated.

2703.6 Prior to any regularly scheduled meeting of the Board, the Secretary to the Board shall, after consulting the Chairperson, prepare an agenda for the meeting. Such agenda shall include, but not be limited to, the following:

(a) A report of the Chairperson, which may include, but shall not be limited to, any item for the information of the Board;

(b) Approval of the minutes; and

(c) A report of the Executive Director, which may include, but shall not be limited to, items for the information of the Board, items for referral to Board committees, or items requiring ratification or vote by the Board.

2703.7 Meeting convened by the Chairperson, or by a majority of the members, shall be preceded by not less than 3 days notice to each member of the Board of the date, time, place and purpose of the meeting.

(a) The Chairperson, or a majority of the members, may convene a meeting by informing the Secretary to the Board of the time, place, and purpose of the meeting not less than 5 days prior to the meeting.

(b) Upon receipt of notice of a meeting convened by the Chairperson, or by a majority of the members, the Secretary to the Board shall provide all members not less than 3 days notice of the time, place and purpose of the meeting.

(c) A member’s attendance at or participation in any meeting convened by the Chairperson, or by a majority of the members, waives any required notice to the member of the meeting unless the member, at the beginning of the meeting or promptly upon the member’s arrival objects to holding the meeting or transacting business at the meeting and does not thereafter vote or assent to any action taken at the meeting.

(d) Public notice of any meeting convened by the Chairperson, or by a majority of the members, shall be posted in a public access area at the principal office of the Commission.

(e) The agenda of any meeting convened by the Chairperson, or by a majority of the members, shall include only those items set forth in the notice of the meeting and the Board shall take action only on the items set forth in the agenda.

2703.8 A quorum shall be necessary for the Board to conduct any business. A majority of the members present in person at a meeting shall constitute a quorum.

2703.9 If a quorum is present when a vote is taken, the affirmative vote of a majority of the members present when the action is taken constitutes a valid act of the Board, except that actions taken by the Board authorizing the issuance of bonds, notes or other obligations shall require the affirmative vote of 7 members, including the Chief Financial Officer of the District of Columbia.

2703.10 A member may vote either in person or by proxy executed in writing by the member, with or without direction, and delivered to the Secretary to the Board.

2703.11 Proxies may be executed with or without direction, except that each proxy so executed shall reference a specific meeting or meetings and shall not be valid beyond the meeting or meetings so specified.

2703.12 A vote by proxy shall not constitute presence in person at a meeting.

2703.13 A majority of the members, whether or not constituting a quorum, may adjourn or recess any meeting to another time and place. Notice of an adjourned or recessed meeting need not be given unless the meeting is adjourned or recessed for more than 24 hours, in which case notice of the time and place shall be stated in the minutes of the adjourned or recessed meeting.

2703.14 No person or representative of any person or group shall have the right to be heard or to present oral or written evidence or testimony at a meeting of the Board without the permission of the Chairperson or presiding officer. The Chairperson or presiding officer may permit persons in attendance at a meeting of the Board to present evidence or testimony and may impose reasonable conditions upon the presentation of any evidence or testimony.

2703.15 A person in attendance at any meeting of the Board my file a statement with the Secretary to the Board before or after such meeting.

2703.16 No person may disrupt, create distractions, or interfere with the conduct of any meeting of the Board. At the discretion of the Chairperson, or presiding officer, any such person may be removed from the meeting.

2703.17 For the purpose of this Chapter, the term “executive session” shall mean a meeting of the Board, a committee meeting or subcommittee meeting where the public, employees, or any other person may be excluded.

2703.18 The Board may conduct executive sessions at the times and places, and for such purposes as it determines to be in the best interest of the Commission.

2703.19 The Board may conduct community meetings at any time to hear from members of the public on any matter of concern to the Board or the public. The Board shall provide not less than 5 days notice of any such meeting by publishing same in the DC Register.

2703.20 Members of the public shall be placed on the agenda of a community meeting by informing the Secretary to the Board not less than 3 days prior to such meeting.

2703.21 Persons shall be called in the order in which they appear on the agenda. At the discretion of the presiding officer, persons not appearing on the agenda may be heard at the completion of the agenda.

2703.22 Persons shall be limited to not more than 5 minutes for presentation, except additional time may be allowed to respond to questions.

History

• SOURCE: Final Rulemaking published at 44 DCR 487 (January 24, 1997), incorporating by reference the text of Proposed Rulemaking published at 43 DCR 3100, 3102-3105 (June 14, 1996).

19 DCMR § 2704 OFFICERS

2704.1 The officers of the Board shall consist of a Chairperson, a Vice-Chairperson, a Secretary, and such other officers as the Board shall from time to time appoint.

2704.2 Officers of the Board shall be elected from among the members of the Board, except that the Executive Director of the Commission shall serve as Secretary to the Board.

2704.3 Officers shall be elected by a majority of the members and shall hold office at the pleasure of the Board.

2704.4 Any member may hold more than one office, except that no one member shall simultaneously hold the offices of Chairperson and Vice-Chairperson.

2704.5 The Chairperson shall preside at the meetings of the Board, shall assure that members are advised on all significant matters of Commission business, shall act as principal spokesperson and representative of the Commission, and shall have such other powers and duties as may be prescribed by the Board or the By-Laws.

2704.6 The Vice-Chairperson shall preside at the meetings of the Board at which the Chairperson is absent and in the absence of the Chairperson shall have the powers, duties and responsibilities of the Chairperson.

History

• SOURCE: Final Rulemaking published at 44 DCR 487 (January 24, 1997), incorporating by reference the text of Proposed Rulemaking published at 43 DCR 3100, 3105-3106 (June 14, 1996).

19 DCMR § 2705 COMMITTEES

2705.1 The standing committees of the Board shall consist of a Budget and Finance Committee and a Personnel Committee.

2705.2 The Board may create one or more additional committees as it deems appropriate to conduct the affairs, or any aspect of the affairs, of the Board.

2705.3 The creation of any committee shall be approved by a majority of all members.

2705.4 Committees shall consist of two or more members of the Board who shall be appointed by the Chairperson. The committee chair shall be designated by the Chairperson.

2705.5 Committees may, to the extent specified by the Board, exercise the authority of the Board, provided, however, that no committee may:

(a) Authorize disposition of Commission property;

(b) Authorize disbursement of Commission funds in excess of $100,000;

(c) Authorize any contract or agreement that can reasonably be expected to create a liability or obligation of the Commission in excess of $100,000;

(d) Authorize any change order, addendum or amendment to an existing contract or agreement, that can reasonably be expected to create an aggregate liability or obligation of the Commission in excess of $100,000;

(e) Elect, appoint, or remove members or fill vacancies on the Board or any of its committees; or

(f) Adopt, amend, or repeal these By-Laws.

2705.6 The provisions of these By-Laws governing meetings, action without meetings, notice and waiver of notice, quorum and voting requirements shall apply to committees and members as well.

2705.7 The Board may also create one or more advisory committees, which may include, but not be limited to, technical advisory committees and volunteer committees. Members of advisory committees need not be members of the Board, but at least one member of the Board shall serve on each such advisory committee.

2705.8 The Board may also identify task forces as required. Task forces shall be composed of at least one member of the Board and may include special advisors and others interested in serving.

2705.9 The Board may nominate and select special advisors not limited to financial advisors, accountants and legal counsel, to advise the Commission on matters relevant to its functions.

2705.10 Unless specifically authorized, advisory committees, task forces, and special advisors shall have no power to act on behalf of, or exercise the authority of the Board, but may make recommendations to the Board.

History

• SOURCE: Final Rulemaking published at 44 DCR 487 (January 24, 1997), incorporating by reference the text of Proposed Rulemaking published at 43 DCR 3100, 3106-3107 (June 14, 1996).

19 DCMR § 2706 EMPLOYEES

2706.1 The Board shall appoint an Executive Director who shall be an employee of the Commission and shall serve as the chief executive officer of the Commission.

2706.2 The Executive Director shall not be a member of the Board.

2706.3 The Executive Director shall serve at the pleasure of the Board and shall receive such compensation as shall be fixed by the Board.

2706.4 In addition to any other duties prescribed by law, these By-Laws, or the Board, the Executive Director shall:

(a) Direct and supervise the administration and management of the Commission, and direct the affairs and activities of the Commission, in accordance with the policies, rules, and regulations of the Commission;

(b) Serve as Secretary to the Board;

(c) Attend meetings of the Board, prepare, and keep, at the principal office of the Commission, minutes of all proceedings of the Board;

(d) Maintain and keep, at the principal office of the Commission, the corporate seal;

(e) Authenticate records of the Commission;

(f) Approve all accounts for salaries, per diem payments, and allowable expenses of the Commission and its employees and consultants, and approve all expenses incidental to the operation of the Commission;

(g) Report and make recommendations to the Board on the merits and status of efforts of any proposed facility or sports events and present financial reports at each meeting of the Board;

(h) Hire such personnel as the Executive Director deems necessary to carry out the functions of the Commission, subject to Board approval;

(i) Prepare the annual budget;

(j) Prepare annual financial statements required by the Board;

(k) Ensure adequate internal accounting and funds management controls;

(l) Advise the Board relative to the fiscal activities of the Commission; and

(m) Procure goods and services, except that contracts for goods and services in excess of $50,000 shall require approval by the Board.

History

• SOURCE: Final Rulemaking published at 44 DCR 487 (January 24, 1997), incorporating by reference the text of Proposed Rulemaking published at 43 DCR 3100, 3107-3108 (June 14, 1996).

19 DCMR § 2707 CONFLICT OF INTEREST

2707.1 Any member or employee of the Commission who, in the discharge of his or her official duties, would be required to take action or make a decision that would affect directly or indirectly his or her financial interest, as defined by D.C. Code § 1-1461(b), or those of a member of his or her household or a business with which he or she is associated, or must take an official action on a matter as to which he or she has a conflict situation created by a personal, family, or client interest, shall disclose the same, in writing, to the Secretary to the Board, or shall submit a statement for the record at the appropriate meeting of the Board.

2707.2 The Chairperson shall excuse any such member or employee from voting, negotiating, discussing, deliberating, or taking other action on the matter, if the member or employee requests to be excused.

2707.3 If a member or employee of the Sports Commission discloses a potential conflict of interest which the Secretary to the Board determines does not prohibit him or her from taking official action pursuant to D.C. Code § 1-1461(b), the member or employee may participate in the vote, negotiation, discussion, deliberation, or other action on the matter; however, such disclosure shall be made whenever the member or employee participates in any vote, deliberation, or other action on the matter.

2707.4 If the member’s or employee’s participation would be prohibited by D.C. Code § 1-1461(b), the member or employee shall not participate in any vote, negotiation, discussion, deliberation, or other action on the matter.

2707.5 Any contract or agreement made in violation of this section shall be null and void and give rise to no action against the Commission.

2707.6 Any information disclosed under this section shall be entered upon the minutes of Commission.

History

• SOURCE: Final Rulemaking published at 44 DCR 487 (January 24, 1997), incorporating by reference the text of Proposed Rulemaking published at 43 DCR 3100, 3108-09 (June 14, 1996).

19 DCMR § 2708 GENERAL PROVISIONS

2708.1 The Board may amend or repeal these By-Laws or adopt new By-Laws by a majority vote of the members at any meeting.

2708.2 All books, records and accounts shall be open to inspection by members in the manner and to the extent required by law.

2708.3 All checks, drafts, and other orders for payment of money, notes, or other evidences of indebtedness issued in the name of or payable to the Commission shall be signed or endorsed by such person(s) and in such manner as shall be determined from time to time by resolution of the Board.

2708.4 The fiscal year of the Commission shall begin each year on the first day of October and shall end on the last day of September of such year.

History

• SOURCE: Final Rulemaking published at 44 DCR 487 (January 24, 1997), incorporating by reference the text of Proposed Rulemaking published at 43 DCR 3100, 3109 (June 14, 1996).

19-28 D.C. SPORTS AND ENTERTAINMENT COMMISSION: PROCUREMENT

19 DCMR § 2800 PURPOSE AND APPLICATION

2800.1 The following policies, rules and procedures governing the procurement, management and disposal of goods and services are hereby adopted by the District of Columbia Sports and Entertainment Commission (the “Commission”), notwithstanding, and in lieu of, the District of Columbia Procurement Practices Act of 1985, D.C. Law 6- 85, D.C. Code §§ 1- 1181.1, et seq. (1999 Repl.).

2800.2 This chapter shall apply only to contracts or procurements initiated subsequent to the effective date hereof, unless otherwise agreed in writing.

2800.3 The provisions of this chapter shall not be construed so as to invalidate, rescind or modify any pending or executory contracts of the Commission.

2800.4 This chapter shall not apply to the booking or scheduling of events at Commission facilities. The Commission shall, consistent with D.C. Code §§ 2- 4001 et seq., have the authority to exempt any other contract or contracts from this chapter.

2800.5 Where another statute or regulation is referenced in these Regulations, such reference shall be to the most recent version and any amendments or revisions to such statute or regulation.

2800.6 If any provision of this chapter is deemed invalid, void or unenforceable by a court of competent jurisdiction, this chapter shall be construed as though such provision does not appear herein. Any such finding by a court of competent jurisdiction shall not affect the validity of any other section, paragraph or sentence of this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is section 8(a)(12) of D.C. Law 10-152, the “Omnibus Sports Consolidation Act of 1994”, as amended, codified at D.C. Code § 2-4007(a)(12) (1999 Supp.).
• SOURCE: Final Rulemaking published at 45 DCR 7420-21 (October 9, 1998).

19 DCMR § 2801 ADMINISTRATION

2801.1 Unless otherwise designated by the Commission, the Executive Director shall serve as the Chief Contracting Officer (the “CCO”) and shall have the authority and responsibility, consistent with the provisions of this chapter, to administer the provisions hereof, including the execution of contracts.

2801.2 The CCO may adopt operating procedures and guidelines, consistent with this chapter, for the implementation of these provisions.

2801.3 The CCO may delegate its authority granted under this chapter to any employee of the Commission, provided, that the delegation is accompanied by appropriate written instructions concerning the limitations of the delegated authority, particularly as to time and scope.

History

• SOURCE: Final Rulemaking published at 45 DCR 7420, 7421 (October 9, 1998).

19 DCMR § 2802 PURCHASE ORDERS

2802.1 A purchase order is an offer by the Commission to buy goods and services upon specified terms and conditions, the aggregate amount of which does not exceed $25,000. Unless otherwise duly delegated, purchase orders must be signed by the CCO.

2802.2 Except as otherwise provided in this section, purchase orders shall be issued on a fixed-priced basis, exclusive of economic price adjustments or redetermination provisions.

2802.3 Purchase orders shall be issued on a form prescribed by the CCO and shall specify the following:

(a) The total quantity of goods or a description of the service ordered;

(b) The total dollar amount, including any and all discounts; and

(c) The delivery date.

2802.4 The CCO may designate appropriate employees of the Commission to initiate purchase orders by unpriced purchase order, or requisition. All such unpriced purchase orders, or requisitions, shall specify as much of the information required by section 2802.3 as practicable and shall be subject to approval by designated supervisory personnel.

2802.5 With the written approval of the CCO, blanket purchase orders may be employed to fill anticipated, recurring needs where there is a wide variety of items in a broad class of goods that are generally purchased, but the exact items, quantities, and delivery requirements are not known in advance and may vary considerably.

2802.6 All blanket purchase orders shall include:

(a) A statement that the supplier will furnish goods or services, described in general terms, if and when requested during a specified period of time and within a stipulated total dollar amount;

(b) A statement that the Commission is obligated only to the extent of the authorized purchases made pursuant to the order; and

(c) A statement that the prices to the Commission shall be as low or lower than those charged to the supplier’s most favored customer for comparable quantities under similar terms and conditions, in addition to any applicable discounts.

2802.7 A blanket purchase order shall terminate whenever:

(a) The purchases thereunder equal the total dollar limitation;

(b) The stated quantity limitation has been supplied;

(c) The stated term of the order expires; or

(d) At any time the CCO, or his/her delegate, determines that termination is in the best interests of the Commission.

History

• SOURCE: Final Rulemaking published at 45 DCR 7420, 7421-22 (October 9, 1998).

19 DCMR § 2803 SMALL PURCHASES

2803.1 Where the procurement is not reasonably expected to exceed the sum of $100,000.00, competitive bidding is not required. The Commission shall, however, promote competition whenever practicable and to the extent that competition is in the best interests of the Commission.

2803.2 The CCO is authorized to determine the appropriate procedure for making small purchases not reasonably expected to exceed the sum of $50,000.00 and may employ such methods as will be both fair, reasonable and in the best interests of the Commission. Such methods may include, without limitation:

(a) Purchase orders, as provided in section 2802;

(b) Quotations, written or by telephone, from three or more qualified sources;

(c) Group or cooperative purchasing techniques; or

(d) Comparison of proposed prices with those determined reasonable on previous purchases, current price lists, catalogs or advertisements for similar items, value analysis, the CCO’s personal knowledge of the item being purchased, or any other reasonable basis.

2803.3 The Commission, or a committee thereof, is authorized to determine the appropriate procedure for making small purchases not reasonably expected to exceed the sum of $100,000.00 and may employ such methods as will be both fair, reasonable and in the best interests of the Commission. Such methods may include, without limitation:

(a) Purchase orders, as provided in section 2802;

(b) Quotations, written or by telephone, from five or more qualified sources;

(c) Group or cooperative purchasing techniques; or

(d) Comparison of proposed prices with those determined reasonable on previous purchases, current price lists, catalogs or advertisements for similar items, value analysis, the CCO’s personal knowledge of the item being purchased, or any other reasonable basis.

2803.4 No procurement shall be split or divided in terms of time, quantity, supplier, or otherwise so as to circumvent the provisions hereof.

History

• SOURCE: Final Rulemaking published at 45 DCR 7420, 7422-23 (October 9, 1998).

19 DCMR § 2804 FORMAL SOLICITATIONS

2804.1 Competitive bidding shall be required as herein provided whenever a contract for goods or services is reasonably expected to exceed the sum of $100,000.

2804.2 As used herein, the term “competitive bidding” shall mean the employment of such procedures, requirements and techniques as will result in fair and reasonable competition among suppliers, equality of opportunity, optimal pricing and quality, and maximization of the best interests of the Commission.

2804.3 Any or all bidders or potential bidders may be required to submit a statement of their qualifications, experience in performing work or manufacturing or supplying the relevant goods, services or products, and a detailed financial statement. Failure to submit same when required and in a timely manner may be grounds for a disqualification of the bidder.

2804.4 The Commission shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform bidder’s obligations under the contract and the bidder shall furnish the Commission all such information and data for this purpose as it may request.

2804.5 The Commission may consider the following factors in determining the qualifications of a prospective bidder:

(a) The ability and capacity of the bidder to provide the materials, goods or services in accordance with the specifications;

(b) The integrity, character, and reputation of the bidder;

(c) The competence and experience of the bidder; and

(d) The bidder’s compliance with other provisions and policies contained herein and in the bid

documents.

2804.6 The Commission reserves the right to reject any bids, or any prospective bidder, where an investigation of the available evidence or information does not satisfy the Commission that the bidder is qualified to properly perform the terms of the contract and bid documents.

2804.7 Prior to any solicitation for bids, the Commission may conduct meetings with, and collect data from, one or more prospective bidders for the purpose of developing necessary plans and/or specifications. The Commission may also solicit proposals for the purpose of determining the best qualified bidders for a particular procurement or project. Any part or all of such proposals may be used in formulating final plans and specifications.

2804.8 Bids may be solicited by invitation, advertisement or both. The Commission shall determine the solicitation method and procedures to be employed, giving due regard to the promotion of sufficient competition to secure the best terms for the Commission. If advertising is utilized, notices shall be published in the DC Procurement Digest, a major newspaper of local circulation, or both.

2804.9 Any agreement, combination or collusion among bidders or prospective bidders in restraint of competition by agreement to bid a fixed price, or otherwise, shall render the bids of those bidders void. Any or all bidders may be required to submit a sworn statement that they have not been a party to such activity.

2804.10 Bidders and sub-bidders requiring clarification or interpretation of the bidding documents shall make a written request which shall reach the CCO at least seven days prior to the date for receipt of bids. Any modifications shall be issued by written addendum to all bidders.

2804.11 No substitution will be considered prior to receipt of bids unless written request for approval has been received by the CCO at least ten days prior to the date for receipt of bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the work including changes in the work of other contracts that incorporation of the proposed substitution would require shall be included.

2804.12 The burden of proof of the merit of the proposed substitution is upon the proposer. The CCO’s decision of approval or disapproval of a proposed substitution shall be final.

2804.13 If the Commission approves a proposed substitution prior to receipt of bids, such approval will be set forth in an addendum. Bidders shall not rely upon approvals made in any other manner.

2804.14 Bids shall be submitted on forms identical to the form, if any, included with the bid documents.

2804.15 A bid may not be modified, withdrawn or canceled by the bidder during the stipulated time period following the time and date designated for the receipt of bids, and each bidder so agrees in submitting a bid.

2804.16 All bids shall be delivered on time, at the place designated in the bid documents, in a sealed container clearly marked “Bid” or “Proposal”. They shall remain sealed until publicly opened at the time specified in the invitation.

2804.17 The Commission shall have the right to waive informalities or irregularities in a bid.

2804.18 Following the opening of bids, the Commission may seek or investigate clarifications, interpretations or additional facts which are reasonably necessary in order to evaluate the bids.

2804.19 Contracts will be awarded to the lowest, most responsible bidder, whose proposal most favorably serves the best interests of the Commission, taking into consideration all of the relevant factors, as well as those that may be unique to the subject procurement.

2804.20 In determining the lowest, most responsible bidder, the Commission may consider any and all factors it deems relevant and most advantageous, including, without limitation, the following:

(a) Any basic, supplemental or conditional discounting opportunities, or terms of payment;

(b) Length of agreement and any most favored pricing provisions, price guarantees, protections, caps, or renewal provisions;

(c) Costs and other economic concerns of delivery or warehousing;

(d) Servicing, maintenance and replacement factors;

(e) Warranty and guarantee provisions;

(f) Return of goods policies;

(g) Time and scheduling factors;

(h) Any applicable laws and other provisions of the bid documents;

(i) The relative experience and competence of the bidder;

(j) Material compliance with bid specifications and instructions; and

(k) Compliance with applicable laws.

2804.21 The Commission may reject any or all bids where:

(a) The bidder(s) is/are not deemed qualified;

(b) The bid(s) is/are not responsive;

(c) All bids fail to meet the Commission’s contract and pricing expectations and objectives; or

(d) The interests of the Commission would be otherwise served by such action.

2804.22 If a bid is otherwise responsive, but a mistake is discovered or alleged prior to award of the contract, it may be corrected if the Commission determines that it was either apparent from the face of the bid or that the bidder has submitted clear and convincing evidence that a mistake was made and should be corrected.

2804.23 If a successful bidder’s mistake is not discovered until after the award, the Commission may:

(a) Amend the contract if the correction would be favorable to the Commission;

(b) Reform the contract if the bidder would remain lowest and best; or

(c) Make no changes and enforce the contract.

2804.24 In the event that adequate specifications are not obtainable or that the nature of the procurement does not lend itself to structured bidding, the Commission may determine that it will accept proposals for furnishing the goods or services.

2804.25 If required by the bid documents, or in order to be duly qualified, bidders shall furnish satisfactory bid, performance, or payment bonds. Bidders shall also, if required, furnish satisfactory evidence of any appropriate insurance coverage, including medical or worker’s compensation.

History

• SOURCE: Final Rulemaking published at 45 DCR 7420, 7423-27 (October 9, 1998).

19 DCMR § 2805 SOLE SOURCE PROCUREMENTS

2805.1 The Commission may award sole source contracts where there is a reasonable basis to conclude that the Commission’s needs can only be satisfied by the goods, services, or construction proposed to be procured and when the proposed sole source contract is the only source capable of providing the required goods, services, or construction.

2805.2 A reasonable basis sufficient to justify sole source contracts may include, but are not limited to:

(a) Goods and materials needed for standardization purposes;

(b) Replacement parts or equipment; or

(c) Goods or services which are unique to the needs of the Commission and are not otherwise available.

2805.3 Sole source procurements shall not be justified solely on the basis of any of the following:

(a) Lack of time, unless there is a legitimate emergency or when the delays have been determined by the Commission to be excusable;

(b) The desire for a particular brand name when others of equal nature are available; or

(c) Convenience alone.

2805.4 The CCO shall take all reasonable steps to avoid using sole source procurements.

2805.5 For each sole source procurement, the CCO shall be required to provide the Board of Directors with a prior written determination that the minimum needs of the Commission can only be met by the goods, services or construction sought to be procured on a sole source basis and that the proposed sole source is the only source capable of providing same.

2805.6 The CCO’s written determination shall include the following:

(a) A description of the Commission’s requirement, including estimated cost;

(b) An explanation of the unique nature of the procurement;

(c) An explanation of the contractor’s unique qualifications;

(d) A determination that the costs to Commission will be fair and reasonable; and

(e) A description of the market survey conducted, list of potential sources contacted, or an explanation for why such a survey or list was not possible.

2805.7 The CCO shall include all applicable standard contract clauses in any procurement made under this section.

History

• SOURCE: Final Rulemaking published at 45 DCR 7420, 7427-28 (October 9, 1998).

19 DCMR § 2806 EMERGENCY PROCUREMENTS

2806.1 An emergency is a sudden, generally unexpected occurrence or set of circumstances demanding action, including, without limitation, the actual or potential for an interruption or substantial degradation of a service, program, lease, or other responsibility of the Commission, as well as any threat to the life and safety of a person in or around any of the Commission’s property.

2806.2 In the event the Commission determines that an emergency exists, the procedures applicable to either sole source or small purchases may be employed, regardless of the contract amount.

History

• SOURCE: Final Rulemaking published at 45 DCR 7420, 7428 (October 9, 1998).

19 DCMR § 2807 LOCAL, SMALL, DISADVANTAGED BUSINESS ENTERPRISES

2807.1 It is the policy of the Commission to encourage the purchase of goods and services which maximize the efficient utilization of local, small, disadvantaged business enterprises and promote significant participation by such enterprises.

2807.2 The Commission shall investigate, evaluate and consider each bid or proposal in accordance with applicable law and regulations.

History

• SOURCE: Final Rulemaking published at 45 DCR 7420, 7428 (October 9, 1998).

19 DCMR § 2808 PROTESTS AND DISPUTES

2808.1 All protests and supporting documentation shall be filed with the CCO within 7 days of the date the protester knew or should have known of the facts upon which the protest is based. Upon receipt, the CCO shall forthwith notify any interested parties of the filing of the protest and shall determine whether to proceed with, or suspend, contract award or performance pending a final decision.

2808.2 The CCO shall issue a decision on the protest within 10 days of its receipt, and any dissatisfied party may appeal that decision to the Commission within 7 days of the CCO’s determination. The decision of the Commission shall be final, subject to judicial review in accordance with applicable law.

2808.3 All claims by a supplier or contractor must be submitted in writing to the CCO for determination.

2808.4 Each claim must include:

(a) A statement of the facts giving rise to the complaint, and any supporting documentation; and

(b) The specific relief requested.

2808.5 The CCO shall investigate and evaluate the claim, and issue a decision thereon within 30 days.

2808.6 Claimant may appeal an adverse decision by the CCO to the Commission by filing a written request for review within 7 days of the CCO’s determination.

2808.7 The decision of the Commission shall be final, subject to judicial review in accordance with applicable law.

2808.8 Pending final resolution of the dispute, claimant shall comply with any of the decisions rendered by the CCO or Commission, and shall proceed diligently with the performance of the contract, except to the extent of any terminations.

History

• SOURCE: Final Rulemaking published at 45 DCR 7420, 7428-29 (October 9, 1998).

19 DCMR § 2809 FAIR EMPLOYMENT PRACTICES

2809.1 Every supplier of goods and services and all contractors doing business with the Commission shall be an “Equal Opportunity Employer” as defined by section 2000e of chapter 21, 42 USCA, and as such shall not discriminate on the basis of race, creed, color, religion, age, sex or physical or mental disabilities with respect to the hiring, application for employment, tenure, terms or conditions of employment of any person.

2809.2 Every supplier of goods and services and all contractors doing business with the Commission shall comply with any and all applicable federal, state and local laws.

History

• SOURCE: Final Rulemaking published at 45 DCR 7420, 7429 (October 9, 1998).

19 DCMR § 2810 RATIFICATION OF UNAUTHORIZED COMMITMENTS

2810.1 Ratification procedures of unauthorized commitments may not be used in a manner that encourages such commitments being made by Board personnel. Ratification authority may not be delegated below the level of the CCO.

2810.2 The CCO may ratify an unauthorized commitment in the following circumstances:

(a) Supplies or services have been provided to and accepted by the Board, or the Board otherwise has obtained or will obtain a benefit resulting from performance of the unauthorized commitment;

(b) The CCO could have granted authority to enter or could have entered into a contractual commitment at the time it was made and still has the authority to do so;

(c) The resulting contract would otherwise have been proper if made by an appropriate contracting officer;

(d) The contracting officer reviewing the unauthorized commitment determines the price to be fair and reasonable;

(e) The contracting officer recommends payment; and

(f) Funds are available and were available at the time the unauthorized commitment was made.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4092 (June 22, 1990).

19 DCMR § 2811 CANCELLATION OF SOLICITATIONS

2811.1 Prior to the date and time set for opening the bids or proposals, a solicitation may be canceled in whole or in part when the CCO determines in writing that such action is in the Board’s best interest for reasons including, but not limited to, the following:

(a) The Board no longer requires the supplies, services, or construction;

(b) The Board no longer can reasonably expect to fund the procurement; or

(c) Proposed amendments to the solicitation would be of such magnitude that a new solicitation is desirable.

2811.2 When a solicitation is canceled under subsection 2810.1, notice of cancellation shall be sent to all businesses solicited. The notice of cancellation shall do the following:

(a) Identify the solicitation;

(b) Briefly explain the reason for cancellation; and

(c) Where appropriate, explain that an opportunity will be given to compete on any resolicitation or any future procurements of similar supplies, services, or construction.

2811.3 All bids or proposals may be rejected in whole or in part when the CCO determines in writing that the action is in the best interest of the Board. Every effort shall be made to anticipate changes in a requirement before the date of opening and to notify all prospective offerors of any resulting modification or cancellation to permit offerors to change their offers and prevent unnecessary exposure of bid or proposal prices.

2811.4 Reasons for rejection of bids or proposals may include, but are not limited to, the following:

(a) The supplies, services, or construction being procured are no longer required;

(b) Ambiguous or otherwise inadequate specifications were part of the solicitation;

(c) The solicitation did not provide for consideration of all factors of significance to the Board;

(d) Prices exceed available funds and it would not be appropriate to adjust quantities to come within available funds;

(e) The bids or proposals fail to meet the requirements and specifications stated in the IFB or RFP;

(f) All otherwise acceptable bids or proposals received are at clearly unreasonable prices, or only one (1) offer is received and the contracting officer cannot determine the reasonableness of the offer price, or no offer has been received from a responsible offeror;

(g) Offers received indicate that the needs of the Board can be satisfied by a less expensive article or service than that requested in the solicitation; or

(h) There is reason to believe that the bids or proposals may not have been independently arrived at in open competition, may have been collusive, or may have been submitted in bad faith.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4092-94 (June 22, 1990).

19 DCMR § 2812 CAPABILITY OF BIDDERS AND OFFERORS

2812.1 Each offeror shall submit information to the Board necessary to determine the offeror’s capability. In order to be determined responsible by the Board, each prospective contractor shall demonstrate that it has done the following:

(a) Has adequate financial resources to perform the contract, or the ability to obtain them;

(b) Is able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and government business commitments;

(c) Has a satisfactory performance record;

(d) Has a satisfactory record of integrity and business ethics;

(e) Has the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them;

(f) Has the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(g) Is not suspended, debarred, or otherwise ineligible to receive an award.

2812.2 If an offeror who otherwise would have been awarded a contract is found nonresponsible, a written determination of incapability stating the basis of the finding shall be prepared by the contracting officer and made a party of the procurement file. A copy of the determination shall be sent promptly to the incapable offeror.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4094-95 (June 22, 1990).

19 DCMR § 2813 CERTIFIED MINORITY BUSINESS PREFERENCES

2813.1 It is the Board’s policy to encourage the participation of minority business enterprises (MBE’s) in providing goods, services and construction for the Starplex. The CCO shall promote utilization of MBE’s to the maximum extent practicable to ensure compliance with the Board’s policy.

2813.2 Priority consideration shall be given to certified MBE’s in all solicitations without regard to whether the solicitation is a direct or indirect placement in the sheltered market.

2813.3 Priority consideration shall be accorded to qualified MBE’s or joint ventures by reducing by five percent (5%) the bid or price proposal of that minority business or joint venture, solely for purposes of comparing that bid or price proposal with the bids or price proposals of other firms.

2813.4 The Board may issue solicitations in the sheltered market for the entire procurement or a portion of any subcontracting if, in the judgment of the contracting officer, the following criteria are met:

(a) There is a reasonable expectation that offers will be obtained from at least two (2) responsible certified minority businesses; and

(b) There is a reasonable expectation that an award will be made at reasonable prices.

2813.5 In order to make this determination, the contracting officer shall consult the directory of the Minority Business Opportunity Commission of the District of Columbia (the “MBOC”) to determine the number of firms in a specific category capable of performing the contract, or a portion of a major contract.

2813.6 Sheltered market solicitations shall be specifically identified in all advertisements and sent to all certified minority business enterprises (the “MBE’s”) which qualify under the work classification, in accordance with 27 DCMR § 604.8.

2813.7 The specific conditions of a solicitation issued in the sheltered market shall contain a section defining MBOC certification and requiring a copy of the MBE letter of certification to be attached to the outside cover of each offer. Each solicitation to be placed entirely under the sheltered market shall include the following language:

(a) For direct placement -

This (Invitation for Bids or Request for Proposals) is designated for certified minority offerors only, under the provisions of D.C. Law 1-95, “The Minority Contracting Act of 1977”; or

(b) For indirect placement -

In accordance with D. C. Law 4-167, D. C. Code subsection 1-1146(a) (2) [1999 Repl.], all offerors shall include a minimum of thirty-five percent (35%) participation of minority business enterprises or joint ventures certified as such by MBOC at the time of the proposal submission date. Failure to comply with the requirements will eliminate your offer from further consideration for award of a contract.

2813.8 Each subcontracting plan shall be reviewed by the CCO prior to award to ensure compliance with 27 DCMR § 606.

2813.9 If the contracting officer determines that any offer made by a certified MBE is excessive or unacceptable, the CCO shall indicate the reasons for that determination to the Commission in writing as required in 27 DCMR § 604.10.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4095-96 (June 22, 1990).

19 DCMR § 2814 DISTRICT-BASED BUSINESS ENTERPRISES

2814.1 In order to qualify as a District-based business, a business enterprise, including a sole proprietorship, shall be required to satisfy all of the following criteria:

(a) The business, if required to be licensed in the District under the general business and professional license law, D. C. Code §§ 47-2801 et seq., or other District law or regulations, has the required license in force;

(b) The business is subject to the District of Columbia Income and Franchise Taxes Act of 1947, D.C. Code §§ 47-1807 et seq., and at least sixty percent (60%) of the net income of the business is taxable income, as defined in D.C. Code §§ 47-1806.1 or 47-1808.2, whichever is applicable;

(c) At least sixty percent (60%) of the amount deducted as wages of employees of the business for District income tax purposes is paid to residents of the District; and

(d) The principal office of the business is located in the District.

2814.2 For the purpose of this chapter, the definition of “principal office” as set forth in section 1199 of Title 27 DCMR (Contracts and Procurements) is incorporated in these regulations.

EDITOR’S NOTE: “Title 27 DCMR (Contracts and Procurement)” was substituted for “DCMR 27 D.C. Procurement Regulations.”

2814.3 When using the competitive sealed proposal method of procurement, the contracting officer shall increase the offeror’s evaluation point score by not more than five percent (5%) of the total possible number of evaluation points for a proposal submitted by a District-based business. The number of District-based preference points shall be stated in the RFP.

2814.4 When a solicitation is in the sheltered market, the Board may accord a preference to a minority business enterprise having a principal office located in the District, as stated in subsection 2812.1.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4096-97 (June 22, 1990).

19 DCMR § 2815 PRICE ANALYSIS

2815.1 The contracting officer shall perform a price analysis in every procurement to examine and evaluate a proposed price to determine its reasonableness without evaluating separate cost elements and proposed profit.

2815.2 The analysis may be performed using one or more of the following techniques:

(a) Comparison of price quotations received in response to the solicitation;

(b) Comparison of prior quotations and contract prices with current quotations for the same or similar end items;

(c) Application of rough yardsticks (such as dollars per pound, or other units) to highlight significant inconsistencies that warrant additional pricing inquiry;

(d) Comparison with competitive published price lists, published market prices of commodities, similar indexes, and discounts or rebate arrangements; and

(e) Comparison of proposed prices with independent Board cost estimates.

2815.3 Price analysis shall also be used to determine the truth of a representation that certain items are commercial items with established catalog or market prices sold in substantial quantities to the general public and that, as a consequence, the quoted price is reasonable.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4097-98 (June 22, 1990).

19 DCMR § 2816 COST OR PRICING DATA AND PRICE ANALYSIS

2816.1 The contracting officer shall require offerors to submit a certification of current cost or pricing data for each solicitation. However, submission of actual cost or pricing data shall not be required when a contracting officer determines that prices are as follows:

(a) Based on adequate price competition;

(b) Based on established catalog or market prices of commercial items sold in substantial quantities to the general public; or

(c) Set by law or regulation.

2816.2 Price competition shall be considered to exist when two (2) or more responsible offerors make a responsive offer to a solicitation issued by the Board, and they compete independently for a contract to be awarded to the offeror with the lowest evaluated price. If price competition exists, the contracting officer may presume it is adequate unless:

(a) The solicitation is made under conditions that unreasonably deny to one or more known and qualified offerors an opportunity to compete;

(b) The low offeror has such a decided advantage that it is practically immune from competition; or

(c) There is a finding, supported by a statement of the facts and approved by the CCO, that the lowest price is unreasonable.

2816.3 Except as provided above in subsection 2815.1, certified cost or pricing data are required before accomplishing any of the following:

(a) The award of any negotiated contract expected to exceed one hundred thousand dollars ($100,000);

(b) The modification of any sealed bid or negotiated contract (whether or not cost or pricing data were initially required) when the modification involves a price adjustment expected to exceed one hundred thousand dollars ($100,000). This requirement shall not apply when unrelated and separately priced changes for which cost or pricing data would not otherwise be required are included for administrative convenience in the same modification;

(c) The award of a subcontract at any tier, if the contractor and each higher tier subcontractor have been required to furnish certified cost or pricing data, when the subcontract is expected to exceed one hundred thousand dollars ($100,000); or

(d) The modification of any subcontract covered by subparagraph (c) when the price adjustment is expected to exceed one hundred thousand dollars ($100,000).

2816.4 If certified cost or pricing data are needed for pricing actions over twenty-five thousand dollars ($25,000) and not in excess of one hundred thousand dollars ($100,000), certified cost or pricing data may be obtained.

2816.5 When certified cost or pricing data are required, the contracting officer shall require the contractor or prospective contractor to submit the following in support of any offer:

(a) The cost or pricing data; and

(b) A certificate of current cost or pricing data certifying that to the best of its knowledge and belief, the cost or pricing data were accurate, complete, and current as of the date of final agreement on price.

EDITOR’S NOTE: The following correction was made to subsection 2816.5: “contracting officer” was substituted for “contract officer”.

2816.6 When cost or pricing data are required, the contracting officer shall make a cost analysis to evaluate the reasonableness of individual cost elements. In addition, the contracting officer shall make a price analysis to ensure that the overall price offered is fair and reasonable.

2816.7 When required, the contracting officer shall evaluate the separate cost elements and proposed profit of the offeror’s or contractor’s cost or pricing data, and the judgmental factors applied in projecting from the data to the estimated costs, in order to form an opinion on the degree to which the proposed costs represent what the contract should cost, assuming reasonable economy and efficiency.

2816.8 When appropriate, the contracting officer shall use the techniques and procedures outlined in this subsection in performing cost analysis:

(a) Verification of cost or pricing data and evaluation of cost elements;

(b) Evaluation of the effect of the offeror’s current practices on future costs;

(c) Comparison of costs proposed by the offeror for individual cost elements with actual costs previously incurred by the same offeror or other cost estimates;

(d) Verification that the offeror’s cost submissions are in accordance with the contract principles stated in section 2817; and

(e) Review to determine whether any cost or pricing data necessary to make the contractor’s offeror accurate, complete, and current have not been either submitted or identified in writing by the contractor.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4098-4100 (June 22, 1990).

19 DCMR § 2817 CONTRACT COST PRINCIPLES

2817.1 The contract cost principles shall be used in the pricing of fixed-price contracts, subcontracts, and modifications to contracts and subcontracts whenever cost analysis is performed, or a contract clause requires the determination or negotiation, or allowance of costs.

2817.2 The contract cost principles shall be mandatory and incorporated by reference in contracts as the basis for the following:

(a) Determining reimbursable costs under cost-reimbursement contracts and cost- reimbursement subcontracts, and the cost-reimbursement portion of time-and-materials contracts, except when material is priced on a basis other than at cost;

(b) Negotiating indirect cost rates;

(c) Proposing, negotiating, or determining costs under terminated contracts;

(d) Price revision of fixed-price incentive contracts;

(e) Price redetermination of price redetermination contracts; and

(f) Pricing changes and other contract modifications.

2817.3 The factors to be considered in determining whether a cost is allowable shall include, but not be limited to, reasonableness, allocability, allowability, and the terms of the contract.

2817.4 A cost shall be reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person in the conduct of competitive business.

2817.5 A cost shall be allocable to a contract if it is assignable or chargeable to one or more cost objectives on the basis of relative benefits received or other equitable relationship.

2817.6 The following shall be a treatment of specific non-allowable cost categories:

(a) Bad debt, penalties and fines, and contingency costs;

(b) Depreciation and use allowances made for fully depreciated assets;

(c) Advertising costs and entertainment costs, unless incurred as a direct result of compliance with specific provisions of the contract or written instructions of the contracting officer;

(d) Gifts, contributions, and donations (reasonable costs for the morale, health, welfare, food, services, or lodging of contractor’s employees are not gifts and shall be allowable); and

(e) Interest expenses incurred by contractors cost unless stated otherwise in the terms and conditions of the solicitation.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4100-02 (June 22, 1990).

19 DCMR § 2818 STANDARD CONTRACT CLAUSES AND CONTRACT COMPLIANCE

2818.1 All Board contracts for supplies, services, and construction shall include standard contract clauses and contract compliance provisions which define the responsibilities and rights of the parties to the contract.

2818.2 The CCO may exercise the option to renew a contract a maximum of two (2) times, provided the total contract period does not exceed four (4) years, pursuant to the following circumstances:

(a) The contract renewal provision was included in the original solicitation with optional year cost proposal;

(b) Contractor has demonstrated satisfactory performance; and

(c) A price analysis, if considered appropriate by the CCO, indicates that the cost remains competitive.

2818.3 The following shall be standard contract provisions for Board procurements to be included in all formal solicitations:

(a) Changes and stop work order clauses;

(b) Changes in financial condition clause;

(c) Disputes clause;

(d) Patents clause;

(e) Responsibility for supplies clause;

(f) Terms of payment clause;

(g) Assignment and waiver clauses;

(h) Multi-year contract clause;

(i) Retention of records clause;

(j) Shipping instructions clause;

(k) Indemnification clause;

(l) Termination clauses for default and convenience;

(m) Inspection clauses for supplies and services; and

(n) Cost principles clause.

2818.4 The following shall be standard contract compliance provisions to be required in all Board solicitations:

(a) Laws and regulations incorporated by reference provision;

(b) Audits and tax exemption provisions;

(c) Anti-competitive practices and anti-kickback provisions;

(d) Recognition of labor unions provision;

(e) Ethical standards for Board employees and former Board employees provision;

(f) Gratuities and officers not to benefit provisions;

(g) Covenant against contingent fees provision;

(h) Non-discrimination in employment provision;

(i) Buy American Act provision;

(j) Walsh Healey Public Contracts Act provision;

(k) Service Contract Act of 1965 provision;

(l) Utilization of minority business enterprises provision;

(m) Utilization of District-based enterprises provision; and

(n) Appointment of attorney provision.

2818.5 The Board may, in its sole discretion, include any other contract clause or provision in any IFB or RFP issued by the Board.

2818.6 Any contract clause or provision that is included in the IFB or RFP shall be incorporated into and made a part of the contract that arises out of the IFB or RFP, unless the contract contains an express provision excluding the incorporation of any particular clause or clauses from the contract.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4102-04 (June 22, 1990).

19 DCMR § 2819 INSPECTIONS

2819.1 The Board may, in its sole discretion, enter a contractor’s or subcontractor’s plant or place of business in order to:

(a) Inspect or test supplies or services for acceptance by the Board based on the terms of the contract;

(b) Audit cost or pricing data, or audit the books and records; or

(c) Investigate in connection with an action to debar or suspend an offeror or contractor from consideration for award of contracts.

2819.2 If inspections or tests are performed at the contractor’s or subcontractor’s plant or place of business, the inspections or tests shall be performed in a manner so as to not unduly delay the work.

2819.3 No inspector or Board employee other than the contracting officer may change any provision of the specifications or the contract without written authorization of the contracting officer.

2819.4 Inspections and tests by the Board shall not relieve the contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4104 (June 22, 1990).

19 DCMR § 2820 AUDITS

2820.1 At reasonable times and places, the Board may audit the books and records of any contractor, subcontractor, prospective contractor, or prospective subcontractor which are related to any contract with the Board when one of the following circumstances exist:

(a) A question as to the adequacy of accounting policies or cost systems;

(b) A substantial change in the methods or levels of operation;

(c) Previous unfavorable experience indicating doubtful reliability of estimating, accounting, or purchasing methods;

(d) A lack of cost experience due to the procurement of a new supply or service; or

(e) Other evidence that an audit is in the Board’s best interest as determined by the CCO.

2820.2 Where the CCO requires an audit of a Board contractor, the Board shall procure the services of an independent certified public accounting (“CPA”) firm to perform an audit or audit review.

EDITOR’S NOTE: The following editorial correction was made to the text of the final rulemaking: “accounting” was substituted for the word “account”.

2820.3 The audit or audit review shall be conducted in accordance with generally accepted accounting principles, and include such tests as are necessary to render a CPA firm’s opinion on the fairness of the contractor’s financial presentation.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4104-05 (June 22, 1990).

19 DCMR § 2821 PROTESTS

2821.1 The protest procedures shall be strictly adhered to or the protest will be denied.

2821.2 Any interested party may file a written protest initially with the CCO.

2821.3 The CCO shall consider all protests, whether submitted prior to an award or after an award.

2821.4 Each protest filed with the CCO shall include the name and address of the protestor, and identify the contracting activity and the number of the solicitation or contract. The protest shall also contain a concise statement of the grounds of protest and a specific request for a ruling from the CCO.

2821.5 The protest shall be fully supported by any facts, documents or other evidence to the extent feasible. The CCO may request the protestor to submit additional information in support of its protest.

2821.6 When a protest is filed with the Board, an award shall not be made until the matter is resolved, unless the CCO first determines that:

(a) The supplies or services to be contracted for are urgently required;

(b) Delivery or performance will be unduly delayed by failure to make award promptly; or

(c) A prompt award will otherwise be advantageous to the Board.

2821.7 When a protest against the making of an award is received, the award will be withheld pending disposition of the protest, and the contracting officer shall notify the offerors whose offers might become eligible for award, about the protest.

2821.8 If appropriate, those offerors shall be requested, before expiration of the time for acceptance of their offer, to extend the time for acceptance to avoid the need for resolicitation.

2821.9 In the event of failure to obtain extensions of offers, the CCO shall give consideration and have authority to proceed with the award.

2821.10 Protests filed with the Board after the award shall be handled in accordance with Board procedures. The CCO shall not be required to suspend contract performance or terminate the awarded contract unless it appears likely that an award may be invalidated and a delay in receiving the supplies or services is not prejudicial to the Board’s interests. In this event, the CCO shall consider seeking a mutual agreement with the contractor to suspend performance on a no-cost basis.

2821.11 Each protest shall be filed in writing with the CCO in duplicate within seven (7) business days after the protestor knew or should have known of the facts and circumstances upon which the protest is based.

2821.12 The contracting officer shall provide the CCO with the documents relevant to the protest within five (5) business days of receipt of the protest. The CCO shall issue a decision within ten (10) business days of receipt of the protest.

2821.13 Each protestor may request a reconsideration of the CCO’s decision from the General Manager. The request for reconsideration shall be filed by the protestor within five (5) business days of receipt of the CCO’s decision.

2821.14 The contracting officer shall prepare a report for the General Manager that includes all relevant documents of the protest. The decision of the General Manager shall be issued twenty (20) calendar days after receipt of the request for reconsideration.

2821.15 The protestor may appeal the General Manager’s decision only to the District of Columbia Contract Appeals Board (the “CAB”) within ten (10) working days after the protestor receives the determination from the General Manager.

2821.16 The proceeding before the CAB shall be final, subject to judicial review in accordance with D.C. Code §§ 1-1189.5 and 1-1510. Any prior determinations by the Board (the CCO or the General Manager) shall not be final or conclusive or subject to judicial review.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4105-06 (June 22, 1990).

19 DCMR § 2822 DISPUTES

2822.1 For purposes of this section, a “claim” means a written demand or written assertion by one of the contracting parties seeking as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to a contract.

2822.2 A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the contractor seeking the payment of money exceeding fifty thousand dollars ($50,000) is not a claim under this chapter until certified as required by subsection 2815.3

2822.3 A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under this chapter. The submission may be converted to a claim under this chapter by complying with the submission and certification requirements of this section, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

2822.4 A claim by the contractor shall be made in writing and submitted initially to the contracting officer for a written decision. The contracting officer shall hold informal discussions with the contractor and appropriate Board staff to resolve contract disputes. A claim by the Board against the contractor shall be subject to a written decision by the CCO.

2822.5 For contractor claims exceeding fifty thousand dollars ($50,000), the contractor shall submit with the claim a certification that:

(a) The claim is made in good faith;

(b) Supporting data are accurate and complete to the best of the contractor’s knowledge and belief; and

(c) The amount requested accurately reflects the contract adjustment for which the contractor believes the Board is liable.

2822.6 If the contractor is an individual, the certification shall be executed by that individual. If the contractor is not an individual, the certification shall be executed by a senior company official in charge at the contractor’s plant or location involved, or an officer or general partner of the contractor having overall responsibility for the conduct of the contractor’s affairs.

2822.7 When a claim by or against a contractor cannot be satisfied or settled by mutual agreement and a decision on the claim is necessary, the CCO shall prepare a written decision within thirty (30) calendar days of receipt of the contractor’s claim.

2822.8 The contractor may request reconsideration from the General Manager within fifteen (15) calendar days from receipt of the decision of the CCO.

2822.9 The General Manager shall conduct an informal hearing and issue a determination for claims of fifty thousand dollars ($50,000) or less within thirty (30) calendar days of receipt of the contractor’s request for reconsideration.

2822.10 For claims over fifty thousand dollars ($50,000), the General Manager shall conduct an informal hearing and issue a determination thirty (30) days after receiving a request for reconsideration. Provided, that if a decision will not be issued within thirty (30) calendar days, the Board notifies the contractor, within that period of time within which a decision will be issued.

2822.11 The General Manager’s decision shall include the following:

(a) Description of the claim or dispute;

(b) Reference to the pertinent contract terms;

(c) Statement of factual areas of agreement or disagreement;

(d) Statement of the General Manager’s decision, with supporting rationale; and

(e) Statement of the procedure for filling appeals with the Contract Appeals Board.

2822.12 Any failure of the Board to issue a decision within the specified time periods shall be deemed a decision by the Board denying the claim and will authorize the claimant to file an appeal with the CAB.

2822.13 A claimant may appeal the General Manager’s decision only to the CAB. Any appeal to the CAB shall be filed with the CAB within ninety (90) days from the date a decision is issued by the General Manager.

2822.14 The proceeding before the CAB shall be final, subject to judicial review in accordance with D.C. Code §§ 1-1189.5 and 1-1510. Any prior determinations by the Board (the CCO or the General Manager) shall not be final or conclusive or subject to judicial review.

2822.15 Pending final resolution of the dispute, the contractor shall comply with any decision of the Board and proceed diligently with performance of the contract, except to the extent where such work was terminated.

2822.16 The Board shall be responsible for payment of interest on claims decided in the contractor’s favor. Interest accrues from the date the Board receives the claim until payment is made. Interest shall accrue at the rate established by the District of Columbia Council pursuant to D. C. Code § 28-3302, as amended.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4107-09 (June 22, 1990).

19 DCMR § 2823 ANTI-COMPETITIVE PRACTICES AMONG OFFERORS

2823.1 For the purpose of this section, “an anti-competitive practice” is a practice among offerors or potential offerors which reduces or eliminates competition or restrains trade. An anticompetitive practice may result from an agreement or understanding among competitors to submit collusive offers.

2823.2 The contracting officer shall be alert and sensitive to conditions to the market place and may conduct studies of past procurements such as, but not limited to, the following:

(a) A study of the history of a supply, service, or construction item over a period of time sufficient to determine any significant patterns or changes;

(b) A review of similar Board contract awards over a period of time; or

(c) Consultation with outside sources of information, such as offerors who have competed for similar Board business in the past, but who are no longer competing for such business.

2823.3 When collusion or anti-competitive practices are suspected among any offerors, a notice of the relevant facts shall be transmitted to the Corporation Counsel of the District of Columbia.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4109-10 (June 22, 1990).

19 DCMR § 2824 DEBARMENT OR SUSPENSION

2824.1 A contractor shall be debarred or suspended from being awarded any Board contracts if the principal, or in the case of a corporation, any of its officers, directors, or shareholders holding a substantial interest, or in the case of a partnership, any of its partners, meets the following criteria:

(a) Convicted for commission of a criminal offense arising from or incident to obtaining or attempting to obtain a private contract;

(b) Convicted under District or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which directly affects responsibility as a Board contractor;

(c) Convicted under District or federal antitrust statutes arising out of the submission of offers;

(d) Found by the CCO to be in violation of contract provisions of a character which is regarded by the CCO to be so serious as to justify debarment action;

(e) Engaging in business activities which are contrary to the laws, rules, or regulations of the Government of the District of Columbia;

(f) In violation of the ethical standards stated in section 2824; or

(g) Determined by the CCO in writing to have committed a breach in professional ethical conduct of such a serious and compelling nature so as to affect responsibility as a Board contractor.

2824.2 A contractor or prospective contractor who has been notified of a proposed debarment action may request in writing that a hearing be held. The contractor’s or prospective contractor’s written request shall be delivered by certified mail to the CCO within ten (10) days of receipt by the contractor or prospective contractor of notice of the proposed action.

2824.3 The CCO shall prepare a summary report of the proposed debarment action for the review of the General Manager. The General Manager shall hold a hearing within fifteen (15) days of receipt of the contractor’s or prospective contractor’s request for a hearing.

2824.4 After consultation with the Corporation Counsel, the General Manager shall issue a final decision within twenty (20) days of the hearing.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4110-11 (June 22, 1990).

19 DCMR § 2825 ETHICS IN PUBLIC CONTRACTING

2825.1 The Board’s General Counsel may render written advisory opinions regarding the appropriateness of a particular course of conduct to be followed in proposed contracting transactions. The advisory opinions shall be duly published in the manner in which regulations of the Board are published.

2825.2 It shall be the policy of the Board to promote and balance the objective of protecting government integrity and that of facilitating the recruitment and retention of personnel needed by the Board. Such policy shall be implemented by prescribing essential standards of ethical conduct without creating unnecessary obstacles to entering public service.

2825.3 It shall be a breach of ethical standards for any employee of the Board to participate directly or indirectly in a procurement when the employee knows that the employee or any member of the employee’s immediate family has a financial interest pertaining to the procurement.

2825.4 When a Board employee knows that he or she has an actual or potential conflict of interest, or when the General Manager has determined that an actual conflict of interest exists, the employee shall disqualify himself or herself from the procurement involved. The employee may apply to the General Manager for a waiver of the conflict of interest provision.

2825.5 It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a procurement.

2825.6 It shall be a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor, or higher tier subcontractor, as an inducement for the award of a subcontract or order.

2825.7 It shall be a breach of ethical standards for any employee, former employee or any other person knowingly to use confidential information for actual or anticipated gain.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4111-12 (June 22, 1990).

19 DCMR § 2826 DEFINITIONS

2826.1 For the purposes of this chapter, the following words and phrases shall have the meaning ascribed:

Acceptance - the act of an authorized representative of the Board by which the Board, for itself or as an agent of another, assumes ownership of existing identified supplies or approves specific services as partial or complete performance of the contract.

Advertising costs - costs incurred in using any advertising media when the advertiser has control over the form and content of what will appear, the media in which it will appear, or when it will appear.

Bad debts - losses arising from uncollectible accounts and other claims, such as dishonored checks, uncollected employee advances, and related collection and legal costs.

Commercial Items - supplies or services regularly used for other than Board purposes and sold or traded to the general public in the course of normal business operations.

Contingency costs - contributions to a reserve account for unforeseen costs.

Cost-reimbursement contract - a contract which provides for payment to the contractor of allowable costs incurred in the performance of the contract as determined in accordance with the Board’s Cost Principles as stated in subsection 2817. This type of contract establishes, at the outset, an estimated cost for the performance of the contract and a dollar ceiling which the contractor may not exceed, except at its own expense without prior approval or subsequent ratification by the contracting officer.

Depreciation and use allowances made for fully depreciated assets - accounting treatments to compensate contractors for the use of buildings, capital improvements, and equipment.

Entertainment costs - costs of meals, beverages, lodging, transportation, and gratuities which are incurred incident to the performance of any contract awarded under these regulations.

Established catalog price - a catalog, price list, schedule, or other verifiable and established record maintained by the manufacturer or vendor. The record must be published or otherwise available for customer inspection and state current or last sales price.

Established market price - current prices that are established in the course of ordinary and usual trade between buyers and sellers free to bargain and can be substantiated by data from sources independent of the manufacturer or vendor.

Filed - where used in these regulations refers to the date and time of receipt by the appropriate Board employee.

Fines and penalties - all costs incurred as the result of violations of, or failure to comply with, federal, state, and local laws and regulations.

Fixed-price contract - a contract which places responsibility on the contractor for the delivery of the product or the complete performance of the services or construction in accordance with the contract terms at a price that may be firm or may be subject to contractually specified adjustments.

Formal solicitation - a written request by the Board for services/supplies submitted as a request for proposals (RFP), through competitive sealed proposals procedures, or invitation for bids (IFB), through competitive sealed bidding procedures.

Gift - a property transferred to another person without the other person providing in return consideration of equivalent value.

Inspection - the examination and testing of supplies or services (including, when appropriate, raw materials, components, and intermediate assemblies) to determine whether they conform to contract requirements and specifications.

Interested party - means any actual or prospective bidder, offeror, or contractor whose direct economic interest would be affected by the award of or failure to award a particular contract.

Loss - the excess of costs over income earned over a particular contract. Losses may include both direct and indirect costs.

Multi-step sealed bidding - a two-phase process consisting of a technical phase in which bidders submit unpriced technical offers to be evaluated by the Board. In the second phase, price bids are considered for those bidders whose technical offers have been determined acceptable in the first phase.

Offer - A response from an offeror to provide specific supplies or services in accordance with the terms and conditions contained in the Invitation for Bids or Request for Proposals issued by the bidding or competitive sealed proposals.

Offeror - any individual, company, firm, corporation, partnership or other organization submitting a bid or proposal in response to an Invitation for Bids or Request for Proposals issued by the Board when procurement is by competitive sealed bidding or competitive sealed proposals.

Protest - means a written objection by an interested party to a solicitation by the Board for offers for a proposed contract for the acquisition of supplies or services or a written objection by an interested party to a proposed award or the award of such a contract.

Ratification - the act of approving an unauthorized commitment by a contracting officer.

Unauthorized commitment - an agreement that is not binding solely because the Board representative who made it lacked the authority to enter into that agreement on behalf of the Board.

History

• SOURCE: Final Rulemaking published at 37 DCR 4081, 4111-12 (June 22, 1990).

19-29 SIGNS AND BANNERS

19 DCMR § 2900 PURPOSE; ENFORCEMENT

2900.1 The D.C. Armory Board regulations stated in this chapter shall establish the exclusive policies relating to the posting and display of signs and banners by patrons at events held in facilities owned and operated by the D.C. Armory Board.

2900.2 The General Manager of the Robert F. Kennedy Memorial Stadium/D.C. National Guard Armory Complex (STARPLEX) is vested with the authority to implement the policies stated herein.

2900.3 This chapter shall apply to all paid admission events held after the effective date of this chapter.

2900.4 If any provision of this chapter is considered invalid, void or unenforceable by a court of competent jurisdiction, this chapter shall be construed as though the provision does not appear herein. Any such finding by a court of competent jurisdiction shall not affect the validity of any other section, paragraph or sentence of this chapter.

2900.5 The proscriptions on the display of signs and/or banners contained in this chapter shall be construed in light of standards set forth in applicable court precedents.

History

• AUTHORITY: Unless otherwise noted, the legal authorities for this chapter is An Act to establish a District of Columbia Armory Board, and for other purposes, 62 Stat. 339, 340 (1948) (codified at D.C. Code §§ 2-301 et seq. (1994 Repl.)).
• SOURCE: Final Rulemaking published at 41 DCR 6138 (September 2, 1994). EDITOR’S NOTE: The nonmilitary functions of the Armory Board were transferred to the D.C. Sports and Entertainment Commission pursuant to D.C. Law 10-152, the “Omnibus Sports Consolidated Act of 1994,” codified at D.C. Code §§ 2-4001 et seq. (1999 Supp.).

19 DCMR § 2901 DISPLAY OF SIGNS AND BANNERS

2901.1 Signs and banners shall be permitted to be posted and/or displayed on a first- come, first-served basis by patrons at events held in facilities owned and operated by the D.C. Armory Board, unless they:

(a) Are vulgar, indecent or obscene and inappropriate for viewing by children; or

(b) Contain “fighting words” likely to provoke a breach of the peace; or

(c) Advertise a commercial product or service or otherwise obstruct or interfere with the display of any paid commercial advertisement; or

(d) Pose a safety hazard or obstruct or interfere with the vision of those participating in or viewing the event or cover existing signage; or

(e) Are greater than 4’ x 10’ in dimension.

History

• SOURCE: Final Rulemaking published at 41 DCR 6138, 6139 (September 2, 1994).

19 DCMR § 2902 EXCLUSIONS

2902.1 This chapter shall not apply to paid commercial advertisements or signs and banners containing governmental directives displayed in accordance with other policies, procedures and agreements as shall be adopted or approved by the D.C. Armory Board.

History

• SOURCE: Final Rulemaking published at 41 DCR 6138, 6139 (September 2, 1994).

19-30 D.C. SPORTS COMMISSION CONDUCT

19 DCMR § 3000 PURPOSE; ENFORCEMENT

3000.1 The D.C. Sports Commission (the “Commission”) regulations stated in this chapter shall establish the exclusive policies relating to the conduct, behavior, and activity of, during performances, presentations, shows, exhibitions, displays, acts, routines, simulations, concerts, or any part thereof, licensees, their agents or assigns, at events held in facilities owned and operated by the Commission.

3000.2 The Commission executive director is vested with the authority to implement the policies stated herein.

3000.3 This chapter shall apply to all events held in facilities owned and operated by the Commission after the effective date of this chapter.

3000.4 If any provision of this chapter is deemed invalid, void or unenforceable by a court of competent jurisdiction, this chapter shall be construed as though such provision does not appear herein. Any such finding by a court of competent jurisdiction shall not affect the validity of any other section, paragraph or sentence of this chapter.

3000.5 The proscriptions contained in this chapter shall be construed in light of standards set forth in applicable court precedents.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is section 8(12) of D.C. Law 10-152, the “Omnibus Sports Consolidation Act of 1994,” 41 DCR 4636 (July 15, 1994), D.C. Code §§ 2-4001 et seq. (1999 Supp.).
• SOURCE: Final Rulemaking published at 42 DCR 5232 (September 15, 1995).

19 DCMR § 3001 PROHIBITED CONDUCT

3001.1 The Commission, in accordance with applicable law, prohibits any performance, presentation, show, exhibition, display, address, dramatization, act, routine, simulation, concert, or any part thereof, by licensees, their agents, or assigns, at events held in facilities owned and operated by the Commission which contain:

(a) Lewd, indecent, or obscene acts, as defined at D.C. Code § 22-1112;

(b) Nudity, as defined at D.C. Code § 22-2001(b)(2);

(c) Sexual conduct, as defined at D.C. Code § 22-2011(5);

(d) Disorderly conduct, as defined at D.C. Code § 22-1121;

(e) Language likely to provoke a breach of the peace, incite violence or imminent lawless action; or

(f) Conduct, behavior, or language otherwise violative of the laws of the United States or the District of Columbia.

3001.2 Licensees, their agents, or assigns, during any performance, presentation, show, exhibition, display, address, dramatization, act, routine, simulation, concert, or any part thereof, held in facilities owned and operated by the Commission, shall not assist, incite, urge, or encourage any person to engage in any conduct, language, or behavior prohibited by this chapter.

3001.3 In addition to any remedies provided by law, the Commission shall reserve the right to cancel or interrupt, in whole or in part, any performance, presentation, show, exhibition, display, address, dramatization, act, routine, simulation, concert, or any part thereof, held in facilities owned and operated by the Commission, which contain any of the conduct, language, or behavior prohibited by this chapter, or remove from the premises any person engaged in conduct, language, or behavior prohibited by this chapter.

History

• SOURCE: Final Rulemaking published at 42 DCR 5232, 5233 (September 15, 1995).

19-31 D.C. SPORTS COMMISSION SMOKING RESTRICTIONS

19 DCMR § 3100 PURPOSE; ENFORCEMENT

3100.1 The D.C. Sports Commission regulations stated in this chapter shall establish the exclusive policies relating to smoking within the D.C. National Guard Armory.

3100.2 The Commission executive director is vested with the authority to implement the policies stated herein.

3100.3 This chapter shall apply to all paid admission events held within the D.C. National Guard Armory after the effective date of this chapter.

3100.4 If any provision of this chapter is deemed invalid, void or unenforceable by a court of competent jurisdiction, this chapter shall be construed as though such provision does not appear herein. Any such finding by a court of competent jurisdiction shall not affect the validity of any other section, paragraph or sentence of this chapter.

3100.5 The restrictions on smoking within the D.C. National Guard Armory contained in this chapter shall be construed in light of D.C. Code §§ 6-911 et seq. (1995 Repl.).

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is section 7 of D.C. Law 10-152, the “Omnibus Sports Consolidation Act of 1994”, 41 DCR 4636 (July 15, 1994), D.C. Code §§ 2-4001 et seq. (1994 Repl.).
• SOURCE: Final Rulemaking published at 42 DCR 5232, 5234 (September 15, 1995).

19 DCMR § 3101 [RESERVED]

19 DCMR § 3102 RESTRICTION

3102.1 Smoking shall be prohibited within the enclosed indoor areas of the D.C. National Guard Armory.

History

• SOURCE: Final Rulemaking published at 42 DCR 5232, 5234 (September 15, 1995).

19 DCMR § 3103 ENFORCEMENT

3103.1 Any person found in violation of the provisions of this chapter shall be required to vacate the D.C. National Guard Armory.

3103.2 Any person who fails to vacate the D.C. National Guard Armory upon lawful request may be subjected to prosecution for violation of D.C. Code § 22-3102.

3103.3 Any person found obscuring, removing, defacing, mutilating or destroying any sign posted in accordance with the provisions of this chapter may be subjected to prosecution for violation of D.C. Code § 22-403.

History

• SOURCE: Final Rulemaking published at 42 DCR 5232, 5235 (September 15, 1995).

19 DCMR § 3104 NO SMOKING SIGNS

3104.1 The Commission shall post or cause to be posted inside the D.C. National Guard Armory, signs that read, “No Smoking” and that clearly state that violators will be ejected from the premises.

3104.2 Signs shall be posted so as to be visible to the public at each entrance to the D.C. National Guard Armory and also throughout the interior of the D.C. National Guard Armory in sufficient number so as to give notice to the public.

History

• SOURCE: Final Rulemaking published at 42 DCR 5232, 5235 (September 15, 1995).

19 DCMR § 3199 DEFINITIONS

3199.1 For the purpose of this chapter:

(a) “D.C. National Guard Armory” means the enclosed indoor area of the facility described in D.C. Code § 2-301 within the jurisdiction of the Commission.

(b) “Smoking” or “to smoke” means the act of puffing, having in one’s possession, holding or carrying a lighted or smoldering cigar, cigarette, pipe, or smoking equipment of any kind of lighting a cigar, cigarette, pipe or smoking equipment of any kind.

(c) “Person” means any individual, firm, partnership, association, corporation, company or organization of any kind, including a government agency to which health and safety laws of the District may be applied.

History

• SOURCE: Final Rulemaking published at 42 DCR 5232, 5234 (September 15, 1995).

19-32 D.C. SPORTS COMMISSION FREEDOM OF INFORMATION

19 DCMR § 3200 PURPOSE AND APPLICATION

3201.1 The D.C. Sports Commission (the “Commission”) regulations stated in this chapter shall establish the exclusive policies relating to the right of persons to inspect or copy public records of the Commission.

3201.2 The policy of the Commission is one of full and responsible disclosure of its identifiable records consistent with the provisions of the D.C. Freedom of Information Act, D.C. Code §§ 1-1521 et seq. 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 contrary to the interests of the Commission.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is section 8(12) of D.C. Law 10-152, the “Omnibus Sports Consolidation Act of 1994,” 41 DCR 4636 (July 15, 1994), D.C. Code §§ 2-4001 et seq. (1999 Supp.).
• SOURCE: Final Rulemaking published at 42 DCR 5232, 5236 (September 15, 1995).

19 DCMR § 3201 RESPONSIBILITY

3201.1 The ultimate responsibility for responding to requests for records of the Commission is vested in the executive director.

3201.2 The Commission executive director may designate an individual as the information officer of the Commission and may delegate to that individual the authority to grant and deny requests.

History

• SOURCE: Final Rulemaking published at 42 DCR 5232, 5236 (September 15, 1995).

19 DCMR § 3202 REQUESTS FOR RECORDS

3202.1 A request for a record of the Commission shall be made in writing and shall be directed to the executive director.

3202.2 Although oral requests may be honored, a requestor may be required to submit in writing a request for records not customarily made available.

3202.3 A request should clearly indicate that the subject is a D.C. Freedom of Information Act request. However, any written request for records covered by this chapter shall be deemed to be a request for records pursuant to the Act whether or not the Act is mentioned in the request.

3202.4 A request shall reasonably describe the requested record. Where possible, specific information regarding dates, files, titles, file designation, or other identifying information, shall be supplied.

3202.5 For purposes of this chapter, a “request” shall mean a single demand for any number of documents made at one time.

3202.6 Where the information supplied by the requestor is not sufficient to permit the identification and location of the requested record without an unreasonable amount of effort, the requestor shall be contacted and asked to supply the necessary information. The Commission shall make every reasonable effort to assist in the identification and location of requested records.

History

• SOURCE: Final Rulemaking published at 42 DCR 5232, 5236-37 (September 15, 1995).

19 DCMR § 3203 TIME LIMITATIONS

3203.1 The Commission, upon request reasonably describing a Commission record, shall within ten (10) days (excluding Saturdays, Sundays, and legal public holidays) of the receipt of any such request either make the requested record accessible or notify the requestor of its determination not to make the requested record or any part thereof accessible and the reasons therefor.

3203.2 In unusual circumstances, the time limit prescribed herein may be extended by written notice to the requestor setting forth the reasons for the extension and the expected date for determination. Such extension shall not exceed ten days (excluding Saturdays, Sundays, and legal public holidays). For purposes of this chapter, and only to the extent necessary for processing of the particular request, “unusual circumstances” are limited to:

(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, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request or among two or more components of the agency having substantial subject matter interest therein.

3203.3 If no determination has been dispatched at the end of the ten day period, or the extension thereof, the requestor may deem the request denied, and exercise a right of appeal in accordance with this chapter. Any person requesting a record of the Commission shall be deemed to have exhausted his/her administrative remedies unless such person chooses to petition the Commission Board of Directors in accordance with this chapter.

3203.4 When no determination can be dispatched within the applicable time limit, the Commission shall continue to process the request. Upon expiration of the time limit, the requestor shall be notified in writing of the reason for the delay, the date on which the determination may be expected, and his/her right to treat the delay as a denial and the appeal rights provided by the Act. The Commission may ask the requestor to forego appeal until a determination is made.

History

• SOURCE: Final Rulemaking published at 42 DCR 5232, 5237 (September 15, 1995).

19 DCMR § 3204 EXEMPTIONS

3204.1 The following matters may be exempt from disclosure under the provisions of this chapter:

(a) Trade secrets and commercial or financial information obtained from outside the Commission, 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 Commission;

(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, 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 interests of national defense or foreign policy which is in fact properly classified pursuant to such executive order;

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

(i) Information disclosed pursuant to D.C. Code § 4-317.

3204.2 Upon request, any reasonably segregable portion of a record shall be provided after deletion of those portions which are exempt under this chapter.

History

• SOURCE: Final Rulemaking published at 42 DCR 5232, 5238-39 (September 15, 1995).

19 DCMR § 3205 RESPONSES TO REQUESTS

3205.1 When a requested record has been identified and is available, the requestor shall be notified as to where and when the requested record is available for inspection or copies will be available, and any applicable fees.

3205.2 A response denying a request shall be in writing and shall include the following:

(a) The name(s) and title(s) of the person(s) responsible for the decision to deny the request;

(b) The specific reason(s) for the denial, including citations to the particular exemption(s) authorizing withholding of the requested record; and

(c) A statement of the requestor’s appeal rights as provided by the D.C. Freedom of Information Act.

3205.3 Where more than one record has been requested and is being withheld, the foregoing information shall be provided for each record withheld.

3205.4 If a requested record cannot be located from the information supplied or is known to have been destroyed or otherwise disposed of, the requestor shall be so notified.

History

• SOURCE: Final Rulemaking published at 42 DCR 5232, 5239 (September 15, 1995).

19 DCMR § 3206 FEES

3206.1 Charges for services rendered in response to information requests shall be as follows:

(a) Searching for records, per quarter hour, by clerical personnel $1.50

(b) Searching for records, per quarter hour, by supervisory personnel $3.00

(c) Photocopying $.25 per page

3206.2 In no instance shall the total fee for searching exceed ten dollars ($10.00) for each request.

3206.3 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 Commission may be charged, but only if the requestor has been notified of the cost before it is incurred.

3206.4 Search costs, not to exceed ten dollars ($10.00) for each request, may be imposed even if the requested record cannot be located. No fees shall be charged for examination and review to determine whether the record is subject to disclosure.

3206.5 Fees shall be paid in full prior to disclosure of the requested record.

3206.6 Where an extensive number of documents are identified and collected in response to a request and the requestor has not indicated his/her willingness to pay fees as high as are anticipated for copies of the documents, the requestor shall be notified, in writing, that the documents are available for inspection and for subsequent copying at the established rate.

3206.7 Remittances shall be in the form of cash, a personal check, a bank draft on a bank in the United States, or a postal money order, payable to the order of the D.C. Sports Commission, and mailed or otherwise delivered to the executive director. The Commission assumes no responsibility for cash which is lost in the mail.

3206.8 A receipt for fees paid shall be given only upon request. No refund shall be made for services rendered.

3206.9 Records may be furnished without charge or at a reduced charge where the general manager determines that waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public.

History

• SOURCE: Final Rulemaking published at 42 DCR 5232, 5240 (September 15, 1995).

19 DCMR § 3207 REVIEW OF DENIALS

3207.1 Any person denied the right to inspect a record of the Commission, in whole or in part, may petition the Commission Board of Directors (the “Board”) to review the requested record to determine whether it may be withheld from inspection. Such determination shall be made in writing, with a statement of reasons therefor, within ten days (excluding Saturdays, Sundays, and legal public holidays) of the submission of the petition.

3207.2 A petition to the Board shall be in writing, and shall include a copy of the request, a statement of the circumstances, reasons or arguments advanced in support of disclosure, and a copy of any written denial.

3207.3 If the Board denies the petition or does not make a determination within the time prescribed, or if the requestor is deemed to have exhausted his/her administrative remedies, the requestor may institute proceedings for injunctive or declaratory relief in the Superior Court for the District of Columbia.

3207.4 If the Board decides that the requested record may not be withheld, it shall direct the executive director to disclose the record immediately. If the executive director continues to withhold the requested record, the requestor may institute proceedings in the Superior Court for the District of Columbia to compel disclosure of the requested record.

History

• SOURCE: Final Rulemaking published at 42 DCR 5232, 5241 (September 15, 1995).

19 DCMR § 3208 RECORDS OF REQUESTS

3208.1 The executive director shall maintain records pertaining to each request, including copies of all requests, correspondence, fees received or waived, and denials. The records shall be maintained by individual request.

History

• SOURCE: Final Rulemaking published at 42 DCR 5232, 5241 (September 15, 1995).

19-33 STANDARDS AND GUIDELINES FOR THE SUBMISSION OF GRANT APPLICATIONS

19 DCMR § 3300 PURPOSE

3300.1 The purpose of this chapter is to establish standards and guidelines for the submission of applications for grants to the District of Columbia Sports Commission (the “Commission”).

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is section 7 of D.C. Law 10-152, “the Omnibus Sports Consolidation Act of 1994,” D.C. Code § 2-4006 (1999 Supp.).
• SOURCE: Final Rulemaking published at 44 DCR 5506 (September 26, 1997); incorporating by reference the text of Proposed Rulemaking published at 44 DCR 4705 (August 15, 1997).

19 DCMR § 3301 ELIGIBILITY REQUIREMENTS

3301.1 A grant awarded hereunder shall be made solely to District of Columbia based, non-profit organizations, groups, agencies, associations and partnerships that demonstrate the capacity to develop and implement sports and recreation programs within the District of Columbia.

3301.2 A grant hereunder may be awarded only to the following entities:

(a) District-based, non-profit organizations, whose articles of incorporation, financial statement, and, as applicable, Internal Revenue Code § 501(c)(3) letter of exemption are enclosed with the application; or

(b) Such other legally constituted organizations, groups, associations, partnerships, or government agencies which the Commission determines possess the demonstrated capacity to develop and implement sports and recreation programs within the District of Columbia.

3301.3 Individuals, as well as Advisory Neighborhood Commissions, shall be ineligible to apply for a grant hereunder.

History

• SOURCE: Final Rulemaking published at 44 DCR 5506 (September 26, 1997); incorporating by reference the text of Proposed Rulemaking published at 44 DCR 4705- 06 (August 15, 1997).

19 DCMR § 3302 PRIORITIES

3302.1 In reviewing grant applications, the Commission shall give priority to such applications according to the following criteria:

(a) Capital projects designed to provide, promote, foster, support or encourage sports and recreation activities among youth residing within any duly designated District of Columbia enterprise zone;

(b) Capital projects designed to provide, promote, foster, support or encourage sports and recreation activities among District of Columbia disadvantaged youth;

(c) Projects, programs or activities designed to provide, promote, foster, support or encourage sports and recreation activities among youth residing within any duly designated District of Columbia enterprise zone; and

(d) Projects, programs or activities designed to provide, promote, foster, support, or encourage sports and recreation activities among District of Columbia disadvantaged youth.

History

• SOURCE: Final Rulemaking published at 44 DCR 5506 (September 26, 1997); incorporating by reference the text of Proposed Rulemaking published at 44 DCR 4705, 4706 (August 15, 1997).

19 DCMR § 3303 FUNDING AMOUNTS AND LIMITATIONS

3303.1 Grants hereunder shall be awarded annually and may not exceed Fifty Thousand Dollars ($50,000) per year.

3303.2 The maximum aggregate amount which may be awarded to any one applicant hereunder during any three (3) year period shall not exceed One Hundred and Fifty Thousand Dollars ($150,000).

3303.3 Applications for grants, any part of which is intended 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 inability 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.

3303.4 Grant awards in excess of Twenty-Five Thousand Dollars ($25,000) may be disbursed by the Commission on a quarterly basis, with the first such disbursement at the time of award. Thereafter, and prior to additional disbursements, grantees shall provide the Commission a financial and program/project status report on such form and in such matter as the Commission may prescribe. The Commission reserves the right to adjust disbursements hereunder according to the expenditure of prior allotments.

3303.5 Grants funds may not be commingled with other assets, but must be accounted for separately.

3303.6 Unless otherwise approved by the Commission, in writing, funds remaining at the end of the grant period shall be returned to the Commission for reallocation to other projects and programs hereunder.

3303.7 All grantees, at the end of their grant period, shall file with the Commission a final report, including without limitation, financial status reports and program/project status reports.

History

• SOURCE: Final Rulemaking published at 44 DCR 5506 (September 26, 1997); incorporating by reference the text of Proposed Rulemaking published at 44 DCR 4705, 4706-07 (August 15, 1997).

19 DCMR § 3304 APPLICATIONS

3304.1 All applications for grants hereunder shall include the following information:

(a) The applicant’s legal name, address and telephone number;

(b) The names, addresses and telephone numbers of all officers, directors, members, trustees, partners, shareholders, and employees;

(c) As applicable, a copy of the applicant’s charter, articles of incorporation, partnership agreement or registration;

(d) As applicable, the date of incorporation within the District of Columbia;

(e) A copy of the applicant’s Internal Revenue Code § 501(c)(3) letter of exemption, as well as the applicant’s local and federal tax exempt or identification number;

(f) As applicable, the applicant’s audited financial statements for the three years preceding application;

(g) A project narrative, including purposes, objectives, target population, and the number of persons to be served, and the grantee’s plans for adult supervision of youths participating in the proposed activities;

(h) The project, or program manager’s name and a statement as to his/her qualifications;

(i) An itemized list of projected expenditures and revenues, if any;

(j) A budget narrative, including an itemization of expenditures to be funded by the grant hereunder; and

(k) A notarized certification that the grant will be used exclusively to provide, promote, foster, support, or encourage sports and recreation activities among District of Columbia youth.

3304.2 A false statement by the applicant on any part of the application may be grounds for disqualification or termination of the grant, and may be punishable in accordance with D.C. Code § 22-2514.

3304.3 All information provided may be investigated as permitted by law or regulation.

3304.4 Grant applications shall be submitted to the DC Sports Commission, Community Outreach Committee, 2400 East Capitol Street, Robert F. Kennedy Memorial Stadium, Fourth Floor, Washington, DC 20004.

History

• SOURCE: Final Rulemaking published at 44 DCR 5506 (September 26, 1997); incorporating by reference the text of Proposed Rulemaking published at 44 DCR 4705, 4707-08 (August 15, 1997).

19-34 D.C. SPORTS COMMISSION: PERSONNEL

19 DCMR § 3400 PURPOSE AND APPLICATION

3400.1 The District of Columbia Sports Commission (the “Commission”) hereby adopts the following policies, rules and procedures governing recruitment, working conditions, benefits, terms of employment, salary administration and other personnel matters, notwithstanding, and in lieu of, the District of Columbia Comprehensive Merit Personnel Act, D.C. Law 2-139, D.C. Code §§ 1-601.1, et seq. (1999 Repl.).

3400.2 This chapter shall apply to all Commission employees hired after the effective date hereof. Commission employees hired prior to the effective date hereof may waive, in writing, coverage under existing personnel laws and regulations and in lieu thereof opt for coverage under the provisions of the chapter.

3400.3 The provisions of this chapter shall not be construed so as to invalidate, rescind or modify the rights and obligations of Commission employees hired prior to the effective date hereof.

3400.4 Except as otherwise provided herein, this chapter shall not apply to special advisors or consultants engaged by the Commission.

3400.5 The Commission is an equal opportunity employer and, in connection with recruitment, terms and conditions of employment, promotion, discipline, lay-off or termination, rates of pay or other forms of compensation, and training, shall not discriminate on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, family responsibilities, physical disability, matriculation, or political affiliation.

3400.6 Where another statute or regulation is referenced in these regulations, such reference shall be to the most recent version and any amendments or revisions to such statute or regulation.

3400.7 If any provision of this chapter is deemed invalid, void or unenforceable by a court of competent jurisdiction, this chapter shall be construed as though such provision does not appear herein. Any such finding by a court of competent jurisdiction shall not affect the validity of any other section, paragraph or sentence of this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is D.C. Law 10- 152, the “Omnibus Sports Consolidation Act of 1994,” as amended, D.C. Code §§ 2- 4001, et seq. (1999 Supp.).
• SOURCE: Final Rulemaking published at 44 DCR 4938 (August 29, 1997).

19 DCMR § 3401 ADMINISTRATION

3401.1 The Executive Director, or his/her designee, shall have the authority and responsibility, consistent with the provisions of this chapter, to administer the provisions hereof.

3401.2 The Executive Director may adopt procedures and guidelines, consistent with this chapter, for the implementation of these provisions.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938-39 (August 29, 1997).

19 DCMR § 3402 RECRUITMENT

3402.1 Except for the Executive Director position, vacancies for permanent full-time positions shall be posted for a minimum of five working days before any job offers may be extended. Internal staff shall have an opportunity to apply and be considered for vacant positions.

3402.2 When it is necessary to advertise externally to fill a vacant position, the following information shall be included in the advertisement:

(a) Position Title;

(b) Brief description of the work to be performed;

(c) Minimum desirable skills and experience required;

(d) Special skills required;

(e) Salary information;

(f) Information required to be submitted with application (e.g., resume, DC-2000, etc.); and

(g) Equal employment opportunity language as required.

3402.3 The Personnel Office of the Commission shall be responsible for the recruitment process of filling vacant or new positions. The Personnel Office shall develop sources to assist managers and supervisors in obtaining the best qualified employees for the Commission.

3402.4 The Personnel Office of the Commission shall accept and evaluate each employment application. The Personnel Officer and the Executive Director shall be authorized to make salary commitments.

3402.5 Internal candidates shall complete a D.C. Sports Commission application when applying for positions. In addition, internal candidates shall undergo the same screening and interview process as all other candidates.

3402.6 Whenever possible, internal candidates shall be considered before candidates from outside the Commission. Priority for promotion shall be given to the employee with the most seniority with the Commission, as long as all other factors are equal.

3402.7 A supervisor evaluating an applicant shall use criteria specifically related to the requirements for the position specified in the Personnel Vacancy Announcement. A supervisor shall select employees in a non-discriminatory manner in accordance with the Commission’s equal employment policies.

3402.8 Candidates who live in the District and who apply for a District residency preference shall be given five (5) points in the qualifications evaluation process.

3402.9 During the evaluation of an internal candidate, the selecting supervisor may review the candidate’s personnel file and obtain a reference from the current supervisor. If any outside candidate is being evaluated, the Personnel Office shall check the candidate’s previous employment reference prior to a formal offer of employment.

3402.10 With the advance approval of the Executive Director or his/her designee, the Commission may reimburse expenses incurred in connection with relocating a newly- appointed staff member to Washington, D.C.

3402.11 The Commission may reimburse interviewing expenses, if the expenses are approved in advance by the Executive Director.

3402.12 The Personnel Office of the Commission shall conduct a new employee orientation on the employee’s first day at work.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4939-40 (August 29, 1997).

19 DCMR § 3403 RELATIVES AND VETERANS

3403.1 An officer/supervisor of the Commission may not appoint, employ, promote or advance nor advocate for the appointment, employment, promotion or advancement of a relative in or to a position over which the officer/supervisor has supervisory authority.

3403.2 For the purpose of this section “relatives” are defined as spouse, parent, parent- in-law, child, step-child, sister, brother, brother-in-law, sister-in-law, step-parent, niece, nephew, grandparent, or grandchild.

3403.3 A permanent full-time employee who leaves a position with the Commission to enter military service shall retain re-employment rights applicable under District or federal law in effect at the time of his/her separation.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4940 (August 29, 1997).

19 DCMR § 3404 EMPLOYMENT AGENCIES AND TEMPORARY HELP SERVICE

3404.1 The Commission shall not pay fees for services of private agencies in recruiting for permanent staff positions, other than advertising fees.

3404.2 The Commission may use temporary help services to assist during periods of heavy workload, to substitute for absent employees, or to work on projects of limited duration.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4940 (August 29, 1997).

19 DCMR § 3405 CONSULTANT AND SPECIAL ADVISORS

3405.1 To qualify as a consultant or expert, a person or organization shall demonstrate a high degree of professional expertise in a particular subject area. The Executive Director or his/her designee shall approve the retention of consultants and experts.

3405.2 The Commission may engage consultants and experts on either a short- or long- term basis. Consultants and experts shall work out of their own facilities, and the Commission shall not furnish support services, unless a specific agreement is otherwise negotiated with the consultant.

3405.3 The Commission shall hire consultants and experts to perform specific tasks on a fee-for-service basis.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4940-41 (August 29, 1997).

19 DCMR § 3406 PROBATIONARY PERIOD AND REINSTATEMENT

3406.1 The probationary period of employment for Commission staff is one (1) year.

3406.2 The Commission shall evaluate an employee’s performance before the end of the probationary period. If the evaluation is satisfactory, the Personnel Office of the Commission shall remove the employee from probationary status and place him or her on permanent status.

3406.3 If an employee fails to pass probation, the Commission shall terminate his or her employment. Employees terminated during the probationary period shall not be eligible for severance pay.

3406.4 For the purposes of this section, a reinstated employee is one who is terminated and is later rehired. Provided the reinstatement occurs within six months of resignation, reinstated employees shall receive full credit for prior employment determining: annual leave accrual, eligibility for Commission contributions to the retirement plan, or any other fringe benefits.

3406.5 The Commission shall treat reinstated employees as old employees for the purpose of determining: starting salaries, probationary period, performance evaluations, and eligibility for salary increases.

3406.6 The Commission shall treat employees reinstated after a period of six months as new employees for the purposes of determining the following:

(a) Starting salaries;

(b) Probationary period;

(c) Performance evaluations; and

(d) Eligibility for salary increases.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4941 (August 29, 1997).

19 DCMR § 3407 ELIGIBILITY FOR EMPLOYEE BENEFITS

3407.1 The following are the Commission’s employee benefits eligibility by type of employment status:

(a) Permanent full-time;

(b) Part-time;

(c) Temporary employees with regular scheduled tours of duty;

(d) Temporary, intermittent employees.

3407.2 Permanent full-time and part-time employees shall be eligible for all of the benefits

3407.3 Temporary employees with regular scheduled tours of duty shall be eligible for the following benefits:

(a) Leave accruals for vacation;

(b) Sick leave;

(c) Holidays on scheduled workdays;

(d) Social Security;

(e) Workers’ compensation; and

(f) In-service training.

3407.4 Temporary, intermittent employees shall be eligible for Social Security and workers’ compensation.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4941-42 (August 29, 1997).

19 DCMR § 3408 ANNUAL LEAVE AND HOLIDAYS

3408.1 Annual leave shall be accrued from the first pay period of employment. However, annual leave shall not be taken until after the initial ninety (90) days, pending supervisor approval.

3408.2 Unearned annual leave shall not be advanced to employees except in emergency situations recommended by the supervisor and approved by the Personnel Officer or the Executive Director.

3408.3 No more than 240 hours may be carried forward in an employee’s annual leave account into a new calendar year. The Commission’s Personnel Procedures Manual shall cover specific accrual rates by category of employees.

3408.4 An employee shall obtain supervisor’s approval prior to taking leave. The supervisor retains the right to refuse leave if the employee's absence would interfere with the functioning of the Commission.

3408.5 The Commission shall recognize the following paid holidays:

(a) New Year’s Day

(b) Dr. King’s Birthday

(c) President’s Day

(d) Memorial Day

(e) Independence Day

(f) Labor Day

(g) Columbus Day

(h) Veterans Day

(i) Thanksgiving Day

(j) Christmas Day

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4942-43 (August 29, 1997).

19 DCMR § 3409 SICK LEAVE

3409.1 Full-time permanent employees shall earn sick leave at the rate of four (4) hours per every 2 weeks. All permanent employees begin to accrue sick leave starting with the first day of employment. A full-time permanent employee earns no more than 104 hours of sick leave per year, provided the employee is not on leave without pay in excess of 80 hours during the year.

3409.2 Part-time permanent employees earn sick leave at the same rate as full-time employees; however, the amount earned shall be prorated to correspond with the actual number of hours worked.

3409.3 An employee may only use sick leave for personal illness. Employees who use all of their accrued sick leave and annual leave shall be placed on leave-of-absence- without-pay-status for the duration of the illness provided that advanced leave has not been approved as provided in section 3411.1.

3409.4 An employee may accumulate an unlimited number of carry over sick leave. Accrued sick leave shall not be paid to an employee upon termination of employment. However, employee shall have the option to convert accrued sick leave to add to years of service upon retirement.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4943 (August 29, 1997).

19 DCMR § 3410 CHANGE IN EMPLOYEE STATUS

3410.1 An employee shall be eligible for health and life insurance benefits when she or he changes from temporary to permanent status. In addition, the employee shall have eligibility for: service awards, annual and sick leave accrual, and retirement.

3410.2 When an employee changes from permanent part-time to permanent full-time status while in the same position, the probationary period shall begin retroactively to the date she or he was first placed into the position.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4943 (August 29, 1997).

19 DCMR § 3411 LEAVE OF ABSENCE

3411.1 The Commission may grant a medical leave of absence for 240 hours to a permanent full-time employee who has depleted his or her sick leave and annual leave if the following steps are taken:

(a) The employee requests the leave of absence in writing;

(b) The employee provides certification from a licensed physician stating the necessity for the leave of absence;

(c) The employee provides a return-to-work authorization from the licensed attending physician; and

(d) There is no history of sick leave abuse.

3411.2 The Commission may grant a general leave of absence without pay to the maximum of one (1) year (including extensions) to a regular full-time employee.

3411.3 Commission employees may take up to sixteen (16) weeks of unpaid leave over a twenty-four (24) month period for family or medical purposes as more fully defined in the Commission’s Personnel Procedures Manual.

3411.4 Approval of leave for maternity or paternity reasons shall be consistent with the Commission’s policy for granting leave for similar situations.

3411.5 An employee who has been summoned to report for jury duty shall be placed on administrative leave for that time period. However, the Commission shall not compensate any such difference in salary or pay for jury duty served on Commission holidays or non-working days.

3411.6 The Commission may grant military leave of absence for a period not to exceed five (5) years. During this period, the employee’s salary and benefit levels shall be frozen, and he or she shall be considered to be on extended leave of absence.

3411.7 In addition to other types of leave, the Executive Director may grant administrative leave with pay for a variety of reasons to include: bereavement not to exceed three (1) days (immediate family consisting of spouse, children, siblings, parents, grandparents, and grandchildren), bad weather conditions or problems associated with physical conditions in the Commission.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4944 (August 29, 1997).

19 DCMR § 3412 HEALTH AND LIFE INSURANCE

3412.1 The provisions of chapter 89 of Title 5 of the U.S. Code are made applicable to all Commission employees, except those specifically excluded by law or regulation. Procedures established for administering the health benefits program within the District government shall be consistent with applicable law and regulations.

3412.2 The provisions of chapter 87 of Title 5 of the U.S. Code are made applicable to all Commission employees, except those specifically excluded by law or regulation. Procedures established for administering the life insurance benefits program within the District government shall be consistent with applicable law and regulations.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4944-45 (August 29, 1997).

19 DCMR § 3413 RETIREMENT

3413.1 The provisions of chapter 87 of Title 5 of the U.S. Code are made applicable to all Commission employees, except those specifically excluded by law or regulation. Procedures established for administering the retirement benefits program within the District government shall be consistent with applicable law and regulations.

3413.2 The Commission shall deduct Social Security contributions from each employee’s paycheck in accordance with federal law. The amount of the deduction shall be in accordance with the current federal regulations. The employee’s deduction shall be matched with equal contribution by the Commission.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4945 (August 29, 1997).

19 DCMR § 3414 WORKERS’ COMPENSATION

3414.1 Each employee on the payroll of the Commission shall be covered by a Workers’ Compensation policy. Benefits shall be payable in accordance with District of Columbia laws.

3414.2 Each employee injured on the job shall report the incident to their supervisor and Personnel Office as soon as possible.

3414.3 Permanent employees on workers’ compensation leave shall be entitled to every benefit and across-the-board adjustment available to other staff members.

3414.4 The Commission shall require a doctor’s certification for the employee to resume work following a workers’ compensation injury.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4945 (August 29, 1997).

19 DCMR § 3415 RESPONSIBILITY FOR SALARY ADMINISTRATION

3415.1 The Personnel Office shall be responsible for the administration and maintenance of the Commission’s salary administration program. The responsibilities of the Personnel Office of the Commission shall include the following:

(a) Conducting salary surveys;

(b) Establishing pay levels, job descriptions and job classifications subject to the approval of the Executive Director; and

(c) Monitoring all personnel actions and pay practices to ensure compliance with Commission policies and federal and local laws.

3415.2 The Personnel Office shall recommend salary ranges based upon periodic surveys of comparable positions within other organizations in the Washington Metropolitan area, the stadium, auditorium, and arena industry.

3415.3 Salary ranges for each job classification include a minimum and maximum salary. Ordinarily, the Commission shall hire new employees at or near the minimum salary level for their position. However, in some cases, the Commission may establish a starting salary at a higher level in order to successfully recruit the best qualified applicant for certain positions identified by the Personnel Office.

3415.4 The Executive Director may authorize an increase to the Commission salary administration program. Employees shall have completed at least ninety (90) days service in order to be eligible for increase in pay.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4945-46 (August 29, 1997).

19 DCMR § 3416 JOB DESCRIPTION AND CLASSIFICATION

3416.1 The Personnel Office shall be responsible for periodically updating job descriptions based upon changes in job content. Any Commission employee may obtain a copy of his or her job description upon request.

3416.2 The Personnel Office shall assign each position to a specific classification.

3416.3 For the purposes of this section, a reclassification means redescription of an existing position which is no longer properly classified because of substantial changes in the duties and responsibilities assigned to the position.

3416.4 Reclassification procedures shall be outlined in the Personnel Procedures Manual of the Commission.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 3946 (August 29, 1997).

19 DCMR § 3417 TRANSFERS AND PROMOTIONS

3417.1 An employee transferred to a higher grade position is a promotion. A promotion shall entitle an employee to a salary increase in the amount equivalent to no less than two (2) steps in the same grade or the minimum salary for the classification of the new position, whichever is greater.

3417.2 An employee may voluntarily request a transfer to a lower position. If the employee’s salary exceeds the ceiling for the new position, the employee’s salary shall be adjusted to the ceiling amount.

3417.3 When an employee is reassigned at the convenience of the Commission to a lower classified position, the employee’s salary shall remain the same.

3417.4 Each employee who is transferred to another position in a different line of work (except those transferred at the convenience of the Commission) shall undergo a new probationary period.

3417.5 The Personnel Officer and the Executive Director shall authorize and implement procedures for promotions.

3417.6 An employee who is temporarily detailed to assume the responsibilities of a higher classified position shall be eligible for a higher salary level for the temporary period. The Commission shall adjust the salary after two (2) full pay periods has elapsed but not to exceed two (2) years.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4946-47 (August 29, 1997).

19 DCMR § 3418 SALARY INCREASE

3418.1 An employee occupying a permanent position who has not reached the maximum step of pay in his/her salary schedule, is entitled to the next higher rate of pay in the salary schedule provided:

(a) The employee has completed the required waiting period;

(b) The employee has performed at an acceptable level of competence based on the most recent performance rating; and

(c) The employee has not received an equivalent increase during that period.

3418.2 Subject to the availability of funds, the Commission may grant a quality increase in salary equal to the next higher step in the salary schedule of an employee occupying a permanent position who substantially exceeds normal requirements in the most important functions (duties) of his/her job. Not more than one quality increase may be granted to the same employee during any 52-week period. Quality increases are in addition to within-grade step increases. Therefore, an employee who receives a quality increase does not thereby begin a new waiting period to meet the time requirements for a next within-grade step increase.

3418.3 The Personnel Office shall determine which employees are covered by the overtime provisions of the Fair Labor Standards Act. The Executive Director or his/her designee(s) shall approve all overtime work.

3418.4 The Executive Director or his/her designee shall grant compensatory time accrual and leave to employees who are exempted from the Fair Labor Standards Act overtime provisions.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4947 (August 29, 1997).

19 DCMR § 3419 PERFORMANCE

3419.1 The Commission shall evaluate each employee during his or her probationary period and at least once each year thereafter.

3419.2 During the performance evaluation process, a supervisor may notify a non- probationary employee that the overall level of his or her performance is unsatisfactory. If improvement is not forthcoming following the evaluation, the supervisor shall take corrective action pursuant to section 3421.

3419.3 After an employee’s written performance evaluation has been conducted, a supervisor may recommend a merit increase for the employee. Employees shall have received at least an outstanding performance rating to be eligible for a merit increase.

3419.4 The Commission, with the approval of the Commission Board, may give an incentive award to eligible employees who have demonstrated superior performance.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4947 (August 29, 1997).

19 DCMR § 3420 CORRECTIVE ACTION PROCESS

3420.1 Corrective actions are formal actions of the Commission. The corrective action process consists of a number of steps that may or may not be followed in sequence, including, but not limited to, the following:

(a) Oral Reprimand;

(b) Written Reprimand;

(c) Suspension; and

(d) Dismissal or Termination.

3420.2 Disciplinary leave (suspension) may be given to an employee under one of the following two sets of circumstances:

(a) As a follow-up to a written notice of unsatisfactory performance in the corrective action process; and

(b) As an interim measure following an act of serious misconduct or breach of organizational rules or regulations. The Executive Director or his/her designee shall review and approve every disciplinary action.

3420.3 The Commission shall terminate an employee who has been charged with serious misconduct or neglect of duty. The Executive Director or his/her designee shall approve every involuntary termination, except those involving probationary employees.

3420.4 Examples of serious misconduct or neglect of duty include, but are not limited to, the following:

(a) Insubordination, incompetency or gross inefficiency;

(b) Fighting on the job or using abusive or profane language;

(c) Possession of controlled substances;

(d) Intoxication;

(e) Misrepresentation in securing employment or falsification of official records;

(f) Breach of confidentiality, theft or dishonesty;

(g) Failure to exercise reasonable judgment in performance of job duties;

(h) Failure to follow organizational rules, policies and procedures;

(i) Sexual harassment;

(j) Tardiness, poor attendance or lack of dependability;

(k) Discourteous treatment of the Commission clients, the public, supervisors, or other employees;

(l) Misuse, mutilation or destruction of Commission property or funds; and

(m) Failure of good behavior during duty hours which is of such a nature that it causes discredit to the Commission.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4848-49 (August 29, 1997).

19 DCMR § 3421 TERMINATION

3421.1 The Commission may terminate an employee for a variety of reasons relating to his or her job. Examples of reasons for termination include, but are not limited to, the following;

(a) Unsatisfactory job performance;

(b) Abandonment of position;

(c) Reduction-in-force;

(d) Serious misconduct;

(e) Neglect of duty; and

(f) Failure to successfully complete probationary period.

3421.2 The Commission may elect to reduce the level of positions for a variety of reasons including: financial consideration, restructuring of work unit, or termination of segments of the organization’s services or operations. The Commission shall give employees terminated, because of reduction-in-force, a minimum of thirty (30) days written notice.

3421.3 An employee who fails to report to work or to notify his or her supervisor of a pending absence for five (5) consecutive days shall be deemed to have abandoned and voluntarily resigned his/her position. His or her employment shall be terminated as of the close of business of the fifth day of absence.

3421.4 Except for terminations during a probationary period, or in cases involving serious misconduct or neglect of duty, an employee shall not be terminated involuntarily until procedures for corrective action are employed, pursuant to section 3420.

3421.5 The supervisor of the employee shall present written notice of termination to the employee at least two (2) weeks prior to the effective date of such termination. The written notice shall state the reasons for the action and the effective date of termination.

3421.6 The Commission shall not be obligated to provide two (2) weeks notice to any employee where the termination occurs during the initial probationary period.

3421.7 Even in terminations which do not involve serious misconduct or neglect of duty, the supervisor may, in his or her sole discretion, determine that it would be in the best interests of the employee not to remain on the premises during the two (2) week notice period. Where such determination is made, the employee shall be eligible for payment upon receipt of notice, as outlined in the Personnel Procedures Manual of the Commission.

3421.8 Severance pay shall be provided only to those employees who are terminated as a result of a reduction-in-force pursuant to section 3421.1.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4949-50 (August 29, 1997).

19 DCMR § 3422 CONFLICT OF INTEREST

3422.1 Commission employees shall not participate in transactions that may result in conflict, or apparent conflict, between the private interests of the employee and the interests of the organization. Specifically, no employee shall do any of the following:

(a) Have a direct or indirect financial interest that conflicts substantially, or appears to conflict substantially, with the employee’s responsibilities for the organization;

(b) Engage directly or indirectly in financial transactions as a result of or primarily in reliance upon information obtained as a result of performing services for the organization as an employee;

(c) Solicit or accept, directly or indirectly, any gift, gratuity, favor, compensation, or any other thing of significant monetary value from any person, corporation, or other entity that has, or is seeking to obtain contractual or other business or financial relationships with the organization.

3422.2 Employees may participate in a political campaign on their own time by using either annual leave or leave without pay. Employees shall not use organization time, facilities, resources or their personal affiliation with the Commission to participate in campaign activities.

3422.3 Employees may engage in professional activities and ventures outside the organization provided that the following conditions are met:

(a) Each independent outside professional activity shall be conducted on the employee’s own time without the use of organizational facilities, funds, supplies, staff or resources; and

(b) Each outside professional service is not in conflict with any activity or policy of the commission.

3422.4 Personal visits by friends or relatives during working hours shall be kept to a minimum. Employees shall not bring their children to the office as a substitute for other child care arrangements.

3422.5 The official hours of work of the organization shall be 8:30 a.m. to 5:00 p.m., Monday through Friday, unless otherwise designated and approved by the Executive Director, for a total of 40 regular hours in a work week or a total of 2,080 regular hours in a year.

3422.6 Employees who work at least eight (8) hours in a day shall be entitled to take a one (1) hour lunch break. Employees who work fewer than eight (8) hours per day shall be entitled to a lunch break at the discretion of their immediate supervisor.

3422.7 Employees under the age of eighteen (18) shall not be employed by the Commission unless, and until, the employee had procured a work permit issued by the Board of Education which conforms to the requirements of D.C. Code § 39-508.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4950-51 (August 29, 1997).

19 DCMR § 3423 GRIEVANCE PROCEDURE

3423.1 All regular full-time employees who have satisfactorily completed the initial probationary period shall be covered by complaint procedures as indicated in the Commission’s Personnel Procedures Manual.

3423.2 Employees shall initially seek an administrative remedy through the complaint procedures outlined in the Personnel Procedures Manual prior to seeking a remedy from any court of competent jurisdiction or other third party.

3423.3 The procedure specified in the Commission’s Personnel Procedures Manual shall be strictly adhered to by the grievant.

3423.4 The Commission’s complaint procedure shall cover complaints concerning working conditions, the application of discipline, and the application, enforcement, and interpretation of Commission policies.

3423.5 The objective of the complaint procedure is to equitably resolve employee’s complaints at the earliest stage possible and at the lowest supervisory level possible. In keeping with that objective, the procedures shall be conducted in a conciliatory manner. Whenever possible, consideration shall be given to prompt resolution of employee’s complaints by informal discussion with managers or division directors.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4951 (August 29, 1997).

19 DCMR § 3424 HAZARDOUS WEATHER CONDITIONS

When necessary, the Commission may close due to hazardous weather conditions. The Executive Director may close the Commission for operations when weather conditions impede safe travel to work. The Commission Personnel Procedures Manual shall describe the process for notifying employees of work schedules under hazardous conditions.

History

• SOURCE: Final Rulemaking published at 44 DCR 4938, 4951 (August 29, 1997).

19-35 NEIGHBORHOOD PLANNING COUNCILS: ORGANIZATION AND PROCEDURES

19 DCMR § 3500 PURPOSE

3500.1 The purpose of this chapter is to provide the Neighborhood Planning Councils’ (NPCs) structure for adult and youth participation in the development, implementation, and evaluation of programs for children and youth in the various geographic locations shown on the official Neighborhood Planning Councils Map incorporated herein by reference.

3500.2 The Neighborhood Planning Councils shall insure the broadest possible adult and youth participants in its programs and activities.

3500.3 Nothing in this chapter shall be deemed to supersede the powers of the Neighborhood Planning Councils or of their Council of Chairpersons as provided in the District of Columbia Youth Services Act of 1976, codified at D.C. Code §§ 1-2601 et seq. (1999 Repl.).

3500.4 Rules in this chapter governing the organization of the Neighborhood Planning Councils are subject to amendment in accordance with the provisions of the uniform constitution and bylaws of the Neighborhood Planning Councils.

3500.5 Rules in this chapter governing the organization of the Council of Chairpersons of the Neighborhood Planning Councils are subject to amendment in accordance with the provisions of the bylaws of the Council of Chairpersons.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is section 10 of the District of Columbia Youth Services Act of 1976, D.C. Law 1-93, D.C. Code § 1- 2609 (1999 Repl.).
• SOURCE: Final Rulemaking published at 39 DCR 2521-22 (April 10, 1992).

19 DCMR § 3501 MEMBERSHIP

3501.1 Membership in the Councils shall be accorded to any person thirteen (13) years and over who lives within the Council’s geographic boundaries.

3501.2 No fee may be imposed as a condition of membership.

3501.3 Any individual wishing to become a member of the Council shall do so by registering his or her name, address, and telephone number in the Council’s membership register.

3501.4 Persons may register to vote at any time that the Council membership register is open for registration.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521-22 (April 10, 1992); as amended by Final Rulemaking published at 39 DCR 8199 (November 6, 1992).

19 DCMR § 3502 NEIGHBORHOOD PLANNING COUNCIL BOUNDARIES

3502.1 The boundaries of each of the sixteen (16) Neighborhood Councils shall include the following 1992 Board of Elections & Ethics Voting Precincts:

(a) NPC-1 (Ward 1): precincts 20, 37, 38, 39, 40, 41, 42, 43, and 137;

(b) NPC-2 (Ward 1): precincts 13, 22, 23, 24, 25, 35, 36, and 136;

(c) NPC-3 (Ward 2): precincts 3, 4, 5, 6, 7, 14, 15, 16, and 21;

(d) NPC-4 (Ward 2): precincts 1, 2, 17, 18, 127, 128, and 129;

(e) NPC-5 (Ward 3): precincts 69, 71, 72, 75, 76, 77, 78, 79, and 139;

(f) NPC-6 (Ward 3): precincts 8, 9, 10, 11, 12, 28, 29, 30, and 31;

(g) NPC-7 (Ward 4): precincts 44, 45, 46, 47, 48, 49, 53, 54, and 55;

(h) NPC-8 (Ward 4): precincts 56, 57, 58, 59, 60, 61, 62, 63, and 64;

(i) NPC-9 (Ward 5): precincts 69, 71, 72, 75, 76, 77, 78, 79, and 139;

(j) NPC-10 (Ward 5): precincts 19, 66, 67, 68, 70, 73, 74, and 135;

(k) NPC-11 (Ward 6): precincts 80, 81, 82, 83, 84, 85, 86, and 87;

(l) NPC-12 (Ward 6): precincts 88, 89, 90, 91, 112, 114, 130, 131, 133, and 140;

(m) NPC-13 (Ward 7): precincts 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 104, and

105;

(n) NPC-14 (Ward 7): precincts 102, 103, 106, 107, 108, 109, 110, 111, 113, and

132;

(o) NPC-15 (Ward 8): precincts 116, 120, 122, 125, and 126;

(p) NPC-16 (Ward 8): precincts 115, 117, 118, 119, 123, 124, and 134.

History

• SOURCE: Final Rulemaking published at 39 DCR 8200-01 (November 6, 1992).

19 DCMR § 3503 RESIGNATION

3503.1 Any member may resign from the Council by requesting that his or her name be stricken from the Council’s membership register.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2522 (April 10, 1992).

19 DCMR § 3504 VOTING

3504.1 Each member of the Council shall be entitled to one (1) vote.

3504.2 Each member shall attend fifty percent (50%) of all meetings held between elections and funding of programs to be entitled to vote for the funding of programs.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2522 (April 10, 1992).

19 DCMR § 3505 QUORUM

3505.1 A quorum at any meeting of the Council shall consist of seven (7) members, with at least fifty percent (50%) of the members being youth.

3505.2 Any NPC found to be out of compliance with quorum requirements in three meetings during any single year shall do the following:

a. Submit, in writing, within ten (10) days of compliance notification from the Community-Based Programs Administration (CBPA), a corrective action plan containing clear and concise objectives for correction, including time tables for completion;

b. The Chairperson shall request a meeting with CBPA Administrator to devise an acceptable corrective action plan; and

c. The Chairperson, as a minimum part of any corrective action, shall mail a letter to all registered members.

3505.3 NPCs involved in joint programs and holding joint meetings shall maintain separate quorums as described in [3505.1 and] 3509.3.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2522-23 (April 10, 1992).

19 DCMR § 3506 MEETINGS

3506.1 The Council’s members shall hold not less than nine (9) regular meetings per fiscal year, except that it shall hold its annual meeting during the month of October.

3506.2 Special Meetings of the Council’s members may be called by the Chairperson on his or her own initiative and shall be called by the Chairperson at the request of one- third of the Council’s Board or at the request of twenty (20) members of the Council.

3506.3 Notice of the date, time, and place of each meeting of the NPC members and, in the case of a special meeting, of the purpose or purposes for which the meeting is called, shall be given to NPC members at least five (5) days prior thereto and said notice shall be posted in NPC headquarters and, whenever possible, all mass media used.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2523 (April 10, 1992).

19 DCMR § 3507 OFFICERS

3507.1 The officers of a Neighborhood Planning Council shall be as follows:

a. Adult Chairperson

b. Adult Vice-Chairperson

c. Youth Chairperson

d. Youth Vice-Chairperson

e. Adult Secretary

f. Youth Secretary

g. Treasurer

3507.2 [RESERVED]

3507.3 The regular election for Neighborhood Planning Councils shall be held on November 7, 1992 and every two years thereafter on the date of the general election for members of the Council of the District of Columbia. The NPC Council members shall elect, from among themselves, all officers.

3507.4 Each officer shall serve for two years or until his successor is elected and qualified. No person may serve more than two consecutive terms in the same office.

3507.5 Any vacancy among the elected officials, through death, resignation or other cause, shall be filled by the members of the Council in a special election to be held at the next meeting of the Council’s members or as soon thereafter as possible. The Council Chairperson may appoint an acting officer until such a time as a special election can be held.

3507.6 Any officer who misses three (3) consecutive meetings of the Board without cause shall automatically cease to be a Board Member and his office shall become vacant. An officer shall be removed from office for any conduct deemed detrimental and damaging to the NPC. Such a removal shall require a four-fifths (4/5) vote of Council members present after proper notification of such a meeting to do so as set forth in these By-laws.

3507.7 Any officer removed shall have the opportunity to be heard.

3507.8 The Adult Chairperson shall be the Chief Executive Officer of the Council. He shall:

a. preside at all meetings of the Council’s Board and of the Council’s members;

b. cast the deciding vote in case of a tie on all matters coming before the Council or

Council Board;

c. have a general and active management of the affairs of the Council and shall see that all orders and resolutions of the Council’s Board are carried into effect;

d. execute all contracts and agreements authorized by the Council’s Board;

e. have the general supervision of all the other officers of the Council and of the Chairpersons of its committees and shall see that their duties are properly performed;

f. have the authority to fill temporarily any unexpired term of a Board Member created through death, resignation or other cause, except in the case of a Chairperson, in accordance with section 3507.5.

3507.9 No Chairperson shall be able to appoint a successor to himself. If the office of Chairperson becomes vacant, the Vice-Chairperson shall assume the duties of the Chairperson until an election can be held in accordance with section 3507.5.

3507.10 The Chairperson shall promptly report to the Council’s Board and to its members, all matters within his knowledge, which in the interest of the Council, should be brought to their notice.

3507.11 Under the general supervision of the Adult Chairperson, the Youth Chairperson shall preside over not less than one-third of all regular meetings held.

3507.12 The Youth Chairperson shall represent the interests of the youth within the Council’s boundaries.

3507.13 The Youth Chairperson shall promptly report to the Council’s Board and to its members all matters within his knowledge, which in the interest of the Council, should be brought to their notice.

3507.14 In the absence or disability of the Adult Chairperson, the Adult Vice- Chairperson shall perform the duties and exercise the powers of the Adult Chairperson. The Adult Vice-Chairperson shall have such other powers and duties as may be prescribed by the Board or by the Adult Chairperson.

3507.15 In the absence or disability of the Youth Chairperson, the Youth Vice- Chairperson shall perform the duties and exercise the powers of the Youth Chairperson. The Youth Vice-Chairperson shall have such other powers and duties as may be prescribed by the Board or by the Youth Chairperson.

3507.16 The Adult Secretary shall attend all meetings of the Council’s Board and of its member and shall perform the following functions:

a. Record all votes and take minutes of all proceedings;

b. Assist the NPC in giving proper notice of all meetings of the Board and of the Council’s members;

c. Keep the Council’s membership register which shall be open to inspection by any member of the Council;

d. Perform such other duties as may be prescribed by the Board or by the Chairperson.

3507.17 The Youth Secretary shall assist the Adult Secretary at all meetings. In the absence or disability of the Adult Secretary, the Youth Secretary shall perform the duties and exercise the powers of the Secretary. He shall have such other powers or duties as may be prescribed by the Board or by the Youth Chairperson.

3507.18 The Treasurer shall have the custody of the Council’s funds and securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Council, which books shall be open to inspection by any member of the Council upon five (5) days written notice. The Treasurer shall also perform the following functions:

a. Deposit all monies and other valuable effects in the name and to the credit of the Council in such depositories as may be designated by the Council’s Board;

b. Disburse the funds of the Council as may be ordered by the Council’s Board, taking proper vouchers for such disbursement, and shall render to the Chairperson, the Council’s Board, and the Council’s members at each regular meeting or whenever they may require it, an account of all transactions as Treasurer and of the financial conditions of the Council; and

c. Perform such other duties as may be prescribed from time to time by the Council’s Board or by the Chairperson.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2523-26 (April 10, 1992); as amended by Final Rulemaking published at 39 DCR 8202 (November 6, 1992).

19 DCMR § 3508 BOARD

3508.1 Each Council shall establish a twenty (20) member Board consisting of the following:

a. The Elected Officers;

b. Six Elected Adult Members-at-large; and

c. Seven Elected Youth Members-at-large.

3508.2 The youth members-at-large shall be 17 years and under. At least three (3) of these members shall be male and three (3) shall be female.

3508.3 The officers of the Council shall serve as the officers of the Board.

3508.4 The members-at-large of the Board shall be elected from among the Council’s members immediately following the election of officers in October.

3508.5 Each Board Member shall serve for two (2) years or until a successor is elected and qualified.

3508.6 Except as provided in section 3508.7, any vacancy among the elected officials created by death, resignation, or other causes shall be subsequently filled by the NPC Chairperson through temporary appointment until an election can be held as provided in section 3507.5.

3508.7 If the NPC Chairmanship becomes vacant, the outgoing chairperson shall not appoint his successor. If the chairmanship of the NPC becomes vacant for any reason, the Vice-Chairperson shall automatically assume the position of NPC Chairperson, until a new election is held in accordance with section 3507.5.

3508.8 If a vacancy shall occur on the Council’s Board, the NPC Chairperson shall have the authority to appoint new members to unexpired terms of vacant Board Member seats, except in the case of its Youth Representatives, who shall have the same appointing authority and ascending process related to youth activities as their adult counterparts. Any appointment of officers, however, shall be temporary until new elections can be held pursuant to section 3507.5.

3508.9 Any Board Member who misses three (3) consecutive meetings of the Board without cause shall automatically cease to be a Board Member and his office shall become vacant. A Board Member shall be removed from office for any conduct deemed detrimental and damaging to the Neighborhood Planning Council by a four-fifths (4/5) vote of members present after proper notification of such a meeting to do so as set forth in this chapter.

3508.10 The Board may also act to suspend any Board Member during an investigation, by the same four-fifths vote process, which may lead to his or her removal. Any Board Member removed shall have the opportunity to be heard.

3508.11 It shall be the duty of the Council’s Board to conduct its affairs and manage its property. It shall promptly report to the Council’s members all reports and recommendations of its committees and all its actions and deliberations.

3508.12 Special Meetings of the Board may be called by the Chairperson on his or her own initiative and shall be called by the Chairperson at the request of one-third of the Board or at the request of twenty (20) members of the Council.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2526-27 (April 10, 1992).

19 DCMR § 3509 PUBLIC ACCESS

3509.1 All meetings of the NPC, including special meetings of Boards, shall be open to the public.

3509.2 Notice of the date, time, and place of every meeting of the Board and, in the case of a special meeting, of the purpose or purposes for which the meeting is called, shall be given to Board Members at least five (5) days prior to the meeting and the notice shall be posted in NPC headquarters. Whenever possible, mass media shall be used.

3509.3 A quorum at any meeting of the Board shall consist of not less than one-third (1/3) of the Board’s members.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2527 (April 10, 1992).

19 DCMR § 3510 ORDER OF BUSINESS

3510.1 The regular order of business at any meeting of the Board shall be as follows:

a. Meeting Called to Order by Chairperson or Presiding Officer;

b. Reading of Minutes of the Last Meeting;

c. Reports of Officers;

d. Reports of Committees;

e. Unfinished Business;

f. New Business;

g. Adjournment.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2527-28 (April 10, 1992).

19 DCMR § 3511 CONFLICT OF INTEREST

3511.1 In order to avoid conflict of interest, any officer or Board Member of an NPC shall disqualify himself from any proceedings that will award contracts or set policies for any program for which the NPC Officer or Board Member will be the recipient of any goods, service, monetary and personal gain.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2528 (April 10, 1992).

19 DCMR § 3512 STANDING COMMITEES

3512.1 The Board or the Council may, in their discretion, appoint one or more Standing Committees to manage the affairs of the Council to the extent and within the limitations provided by the authorizing motion, except that the Board may not delegate its power to make program decisions.

3512.2 Membership on each such Standing Committee shall be open to all of the Council’s members.

3512.3 The Chairperson of the Council shall appoint the chairperson of each such Standing Committee from among the Council’s membership. They shall serve at his or her pleasure or until replaced by the appointees of any succeeding Chairperson.

3512.4 A meeting of each Standing Committee shall be called at the discretion of the Board.

3512.5 The presence of sixty percent (60%) of the members of each Standing Committee shall constitute a quorum.

3512.6 The Chairperson of each Standing Committee shall present a full report on the activities of such committee at each regular meeting of the NPC.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2528 (April 10, 1992).

19 DCMR § 3513 FISCAL YEAR

3513.1 The fiscal year of a Council shall begin on October 1 and end September 30 of each year.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2528-29 (April 10, 1992).

19 DCMR § 3514 PARLIAMENTARY PROCEDURE

3514.1 Robert’s Rules of Order, revised, shall be the basic guide for the conduct of all meetings of the Council, and the Council, when deemed necessary, may suspend any or all portions of those rules at that meeting.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2529 (April 10, 1992).

19 DCMR § 3515 AMENDMENTS

3515.1 The Council may amend, alter, or repeal any provision contained in its Constitution and By-Laws at any meeting of the Council’s members by a two-thirds vote of those members present at said meeting and entitled to vote, provided that written notice of any proposed amendment has been circulated widely within the Council’s boundaries and is available for inspection at the Council’s office at least twenty (20) days prior thereto. Amendments shall not conflict with or supersede the standard set of By- Laws approved by the twenty (20) NPC Chairpersons.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2529 (April 10, 1992).

19 DCMR § 3516 NEIGHBORHOOD PLANNING COUNCIL OPERATING PROGRAM REQUIREMENTS

3516.1 Beginning October 1, 1991, all programs supported either by District Appropriated or Community Services Block Grant funds shall establish quarterly spending plans for all items of purchase to include personnel expenditures.

3516.2 NPC Program Operators shall be required to explain, in writing to the NPC’s Chairpersons and the Administrator, CBPA, why spending is out of line with the plan, if the program is identified by the Administrator, CBPA, as overspending or underspending by ten percent (10%).

3516.3 All monies remaining, as a result of underspending, for 15 days after the end of the planned spending quarter shall be declared lapsed and shall be subject to reassignment as follows:

a. The Program Operator and the NPC’s Chairpersons shall immediately submit to the CBPA Administrator a plan for reprogramming funds and spending them in line with the original purpose and objectives of the program. Copies of all such plans shall be provided to the Council of Chairpersons.

b. All NPC funds remaining unspent 45 days after the end of the planned spending quarter will be placed in the custody of the Council of Chairpersons for reprogramming among eligible NPC programs. All lapsed NPC funds remaining unspent as of May 15 of each fiscal year shall be redistributed immediately to eligible NPC programs by the Council of Chairpersons.

c. The CBPA Administrator shall ensure the immediate distribution of lapsed funds in accordance with the directive of the Council of Chairpersons.

3516.4 [RESERVED]

3516.5 Beginning with fiscal year 1991, if the Community Development Specialist evaluation shows that the actual attendance in a program is consistently below the planned attendance (number served), the Administrator, CBPA, shall take action as follows:

a. First occurrence: Warning to Program Operator to increase attendance to planned level.

b. Second Occurrence: Community Development Specialists shall immediately assist Program Operator through use of public service announcements, distribution of flyers and other such actions.

3516.6 If the NPC, for any reason, fails to submit its proposal for funding by the deadline set by CBPA, the Administrator, CBPA shall immediately move to approve and set funding so as not to inhibit the timely start of program operations.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2529-30 (April 10, 1992).

19 DCMR § 3517 PROMOTION OF NPC PROGRAM

3517.1 When entering into any promotional activity for the Program, the Program

Operator shall ensure that the NPC is credited as the sponsor.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2530 (April 10, 1992).

19 DCMR § 3518 PROGRAM RECORDKEEPING

3518.1 All operating programs shall be required to maintain records of the number of participants served. Participant records shall be kept as follows:

a. To ensure proper tracking of services to youth, all programs shall be required to have their program participants sign in daily, except as provided in the following paragraph. A sign-in sheet, showing program name, date, the name of the program supervisor, and the names of all participants, shall be maintained by each program. Copies of the sign-in sheets shall be provided to CBPA at regular intervals.

b. In programs where participant confidentiality must be maintained, or where it would be impractical to maintain a sign-in sheet for participants, the NPC must submit an alternative method for participant record-keeping for approval by the NPC Council of Chairpersons.

c. CBPA shall add all new participants’ names from the sign-in sheets to the NPC’s membership rolls within thirty (30) days of receipt.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2530 (April 10, 1992).

19 DCMR § 3519 DISPUTES AND COMPLAINTS

3519.1 When a dispute arises under or is related to the Contract/Agreement, the affected Program Operator shall commit to writing the issues in dispute. Copies of this written complaint shall be submitted to the affected NPC’s Chairpersons; the Administrator, CBPA; and the Council of Chairpersons.

3519.2 The Administrator, CBPA shall address the dispute in writing and shall forward such written comments to the affected Program Operator, NPC Chairpersons, and Council of Chairpersons within ten (10) days of receipt of the dispute or complaint. In his or her response, the Administrator, CBPA, shall offer a resolution to all problem areas originally put forth by the aggrieved parties.

3519.3 Any party to a dispute concerning NPC activities may appeal the resolution to the Council of Chairpersons within ten (10) days of receipt of the Administrator’s response.

3519.4 The Council of Chairpersons shall establish procedures for resolving grievances brought to its attention in accordance with this provision. The decision of the Council of Chairpersons under such circumstances shall be binding and conclusive upon all aggrieved parties.

3519.5 If an appeal is not filed with the Council of Chairpersons within ten (10) days of receipt of the Administrator’s response, the Administrator’s decision shall be final.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2531 (April 10, 1992).

19 DCMR § 3520 COUNCIL OF CHAIRPERSONS

3520.1 The Council of Chairpersons shall be the official policymaking body for the Neighborhood Planning Councils. The policymaking responsibilities of the Council of Chairpersons shall include, but not be limited to, prior review of all policies and regulations developed for the Neighborhood Planning Councils by the Administrator, CBPA. Approval of policies and regulations will be done in consultation between the Administrator, CBPA, and the Council of Chairpersons.

3520.2 The Council of Chairpersons shall serve as liaison between the Neighborhood Planning Councils and the D.C. Department of Parks and Recreation, Community-Based Programs Administration, the United Planning Organization, and Federal, District and private agencies and institutions, with regard to the operation of area programs. The Council of Chairpersons shall coordinate NPC activities on a city-wide basis and serve in any capacity necessary to insure the effective and efficient operation of NPC programs and activities. This provision is not intended to abrogate the role and responsibility of the Administrator, CBPA, as liaison to the Neighborhood Planning Councils and the Council of Chairpersons, and to other agencies as appropriate, but to define the role of the Council of Chairpersons in relationship to the Neighborhood Planning Councils.

3520.3 The Council of Chairpersons, by majority vote of its members, may take positions and pass resolutions on any issue, legislation, or pending developments that impact on youth in the District of Columbia.

3520.4 Positions adopted by the Council of Chairpersons may be presented before the Council of the District of Columbia, Board of Education, Congress, or other body deemed appropriate by the Council of Chairpersons.

3520.5 Each NPC shall be represented in the Council by its Adult Chairperson and its Youth Chairperson. In their absence, the ranking elected adult and youth officers present shall represent the NPC.

3520.6 In the event that no elected officer can attend, the NPC Adult Chairperson may designate another adult member to represent the NPC. A youth representative shall be designated by the Youth Chairperson.

3520.7 If by the time of a regularly scheduled meeting of the Council there has been no designated representative from one of the 20 NPCs, then the Council can recognize a member of that NPC who is present and in good standing as the official representative for that day.

3520.8 The Officers of the Council shall be an Adult and a Youth Chairperson; an Adult and Youth Vice Chairperson; and Adult and Youth Recording Secretary; and an Adult Corresponding Secretary and Adult Treasurer.

3520.9 The Officers of the Council shall be elected from the membership for a term of two (2) years. No more than one officer shall come from any one NPC. Election shall be by majority vote, and voting shall be by ballot. Each officer shall serve until his successor is elected and installed.

3520.10 Any vacancy occurring among the officers during their term for any reason shall be filled through the election process as outlined in the Council’s Bylaws, at the next regular meeting following the one at which the vacancy is announced.

3520.11 Absences from three consecutive regular meetings shall constitute grounds for removal from office. Notice of such removal shall be given to the officer in writing.

3520.12 The Adult Chairperson shall preside at all regular and special meetings of the Council and the Executive Committee, except as otherwise provided in the Council’s Bylaws; shall keep the membership advised of developments relative to NPC operations; shall maintain continuous contact with UPO and government agencies with regard to NPC funding and activities; and shall represent the membership whenever and wherever necessary to promote the best interest of the NPCs.

3520.13 The Youth Chairperson shall be under the general supervision of the Adult Chairperson and shall preside over not less than one-third (1/3) of all regular meetings held. The Youth Chairperson shall represent the interests of the Youth membership whenever and wherever necessary to promote the best interest of the NPCs.

3520.14 The Vice Chairpersons shall serve in the absence of their respective Chairpersons at meetings of the Council, and/or the Executive Committee, and shall assist the Chairpersons in the performance of their duties as representatives of all the NPCs.

3520.15 The Recording Secretaries shall be responsible for recording and maintaining the minutes of the regular and special meetings of the Council and Executive Committee, and shall send a copy of the minutes to each NPC Chairperson (Adult and Youth) prior to the date of the next meeting and shall perform such duties as may be requested by the Chairpersons. The Youth Secretary shall record at least one-third (1/3) of the meetings during the year.

3520.16 The Corresponding Secretary shall notify the Council members of regular and special meetings; notify the Council officers of Executive Committee meetings, and perform such other duties as may be requested by the Chair. In the absence of the Recording Secretary, the Corresponding Secretary shall record and distribute the minutes of regular and special meetings and Executive Committee meetings.

3520.17 The Treasurer shall keep the financial records of the Council and make reports at regular intervals to the Council membership.

3520.18 In the absence of the Chairpersons and Vice Chairpersons of the Council, the position of Chair shall be filled by the Council officers in the order named in the Council’s Bylaws.

3520.19 The Council shall establish an Executive Committee, which shall conduct the necessary business of the Council between regular meetings.

3520.20 The Council shall establish a Publicity Committee, which shall be responsible for all publicity and promotional activities of the NPCs.

3520.21 The Council shall establish a Grievance Committee, which shall handle any matter referred to it by the Council and shall report its actions and recommendations to the Council.

3520.22 The Council shall establish a Legislative Committee, which shall be responsible for reviewing the legal and operational documents of the Council and NPCs annually; shall act as an oversight committee for NPC elections; and shall recommend such actions as may be necessary pertaining thereto.

3520.23 The Council shall establish a Budget Committee, which shall insure the participation of the NPCs in the development of the annual Fiscal Year budget for NPC support, as per D.C. Law 1-93; and which shall develop and oversee the budget of the Council.

3520.24 Special Committees may be created by the Chair to serve a special need. Such Committees shall be dissolved at the completion of the assignment.

3520.25 The Chair of each Standing and Special Committee shall be appointed by the

Chairs of the Council and shall serve at their discretion.

3520.26 Each Standing Committee shall consist of not less than three (3) members. Each Committee shall have youth representation.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2531-34 (April 10, 1992).

19 DCMR § 3521 COUNCIL OF CHAIRPERSONS MEETINGS

3521.1 Each regular and special meeting of the Council of Chairpersons shall be open to the public.

3521.2 The Council shall hold at least six (6) regular meetings each fiscal year on a date and at a time to be decided upon at the first regular meeting of the year.

3521.3 Special meetings may be called by the Council Chair, with three (3) days notice to each NPC Chair (Youth and Adult). Said notice may be mailed or telephoned and must state the purpose of the meeting.

3521.4 Representation by seven (7) of the twenty (20) NPCs shall constitute a quorum at all regular and special meetings.

3521.5 Each NPC shall be entitled to one adult vote and one youth vote in the Council, to be cast by the ranking elected youth and adult officers present.

3521.6 The NPC Chairperson may designate another member of the NPC to cast the NPC’s vote in the event that no elected officer will be present; provided, that the NPC Chairperson notifies the Council Chair of that designation. A youth representative may be designated only by the Youth Chairperson. No paid adult may vote.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2534 (April 10, 1992).

19 DCMR § 3522 COUNCIL OF CHAIRPERSONS: CONDUCT OF MEETINGS

3522.1 Robert’s Rules of Order, Revised, shall be the basic guide for the conduct of all meetings of the Council.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2534 (April 10, 1992).

19 DCMR § 3523 COUNCIL OF CHAIRPERSONS: CONFLICT OF INTEREST

3523.1 It shall be a breach of ethical standards for any Council of Chairpersons officer to participate, indirectly or directly, in activities where the officer knows that the activity would lead to financial gain for himself or herself or any member of his or her family.

History

• SOURCE: Final Rulemaking published at 39 DCR 2521, 2535 (April 10, 1992).

19-43 DISTRICT OF COLUMBIA PUBLIC LIBRARY: PROCUREMENT

19 DCMR § 4300 PURPOSE AND APPLICATION

4300.1 The District of Columbia Public Library Procurement Regulations (the "Regulations") issued by the Board of Trustees of the District of Columbia Public Library (the "Board") establish policies, procedures and guidelines relating to the procurement, management, control and disposal of supplies, services and construction, as applicable under the authority of D.C. Official Code 39-105 (a) (1) and (3) et seq.

4300.2 The Executive Director/Chief Librarian of the District of Columbia Public Library (the "Executive Director/Chief Librarian") is vested with the authority to administer operating policies, procedures and regulations adopted by the Board in accordance with D.C. Official Code Section 39-101.

4300.3 This chapter applies only to contracts solicited or entered into after the effective date of these Regulations, unless the parties agree to its application to a contract solicited or entered into prior to the effective date.

4300.4 Any contract totaling two hundred fifty thousand dollars ($250,000) or more shall be approved by the Executive Director/Chief Librarian before it shall be effective.

4300.5 Where any statute or regulations is referred to in this chapter, the reference shall be the most recent version and any amendments or revisions to the statute or regulation.

4300.6 If any provision of this chapter is deemed invalid, void or unenforceable by a court of competent jurisdiction, this chapter shall be construed as though the provision does not appear herein. Any such finding by a court of competent jurisdiction shall not affect the validity of any other section, paragraph or sentence of this chapter.

History

• AUTHORITY: Unless otherwise noted, the authority for this chapter is section 5 of An Act To establish and provide for the maintenance of a free public library and reading room in the District of Columbia, as amended 29 Stat. 244 (June 3, 1896), codified at D.C. Code § 39-105.
• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4301 AUTHORITY AND RESPONSIBILITY OF THE OFFICE OF THE CHIEF CONTRACTING OFFICER

4301.1 The Executive Director/Chief Librarian of the Library shall be the Procurement Executive (PE). The Chief Business Officer of the Library shall be the Chief Contracting Officer ("CCO").

4301.2 The CCO shall serve as the Library's chief procurement officer and shall be responsible for the Library's overall procurement program.

4301.3 Unless otherwise provided herein the CCO may delegate in writing to one or more staff contracting officers any authority conferred on the CCO by these regulations, and the CCO shall include in any such delegation clear written instructions on the limitation of the delegated authority. Such delegation shall remain in effect unless and until the CCO modifies or revokes the delegation in writing. Delegation of contracting authority shall automatically be revoked for staff contracting officers whose employment with the Library is terminated through attrition or other form of termination.

4301.4 Any Library official designated as a contracting officer shall not be delegated contracting authority greater than that of the CCO.

4301.5 Only the CCO or other Library contracting officer is authorized to enter into contracts, terminate contracts or contractually bind the Library. A contracting officer may bind the Library only to the extent of their written delegated authority by the CCO under subsection 4301.3.

4301.6 The CCO shall be responsible for developing all procurement policies and procedures unique to the procurement of supplies, services, materials and construction.

4301.7 The CCO shall develop a procurement manual of internal procedures and instructions which shall conform to this chapter and that governs the internal functions of the Office of the CCO. The procurement manual shall be developed within 120 days of the effective date of these regulations and shall be approved by the Library Board of Trustees before becoming effective.

4301.8 Notwithstanding any other provision of this chapter, the CCO or other library contracting officer may procure supplies, services or construction from District of Columbia or Federal Supply Schedules to the extent permitted by the Schedules.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4302 PUBLICIZING CONTRACT ACTIONS

4302.1 The CCO shall issue a formal written solicitation for all proposed contracts with an estimated price over one hundred thousand dollars ($100,000).

4302.2 The CCO shall publicize each solicitation in excess of the simplified procurement threshold specified in §§ 4305 and 4313 in a newspaper of general circulation and on the Library’s website with an estimated price over one hundred thousand dollars ($100,000).

4302.3 The date set for receipt of quotations for simplified procurements shall not be less than five (5) calendar days after issuance of the solicitation.

4302.4 The date set for bid opening or the closing date for receipt of initial proposals shall not be less than ten (10) calendar days after publicizing the initial solicitation.

4302.5 The requirement to publicize the solicitation set forth in this chapter shall not apply to any of the following procurements:

(a) Sole Source Procurements;

(b) Emergency Procurements; and

(c) Simplified or other small purchases, except as required in Section 4313.

4302.6 Notices of contract awards over one hundred thousand dollars ($100,000) shall be publicized on the Library's web site within ten (10) working days from date of award.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2712 (April 6, 2012).

19 DCMR § 4303 REQUIRED SOURCES OF SUPPLES AND SERVICES

4303.1 The Library may satisfy requirements for supplies, services and construction from one of the following sources:

(a) U.S. General Services Administration (GSA) Federal Supply Schedules;

(b) Existing District of Columbia or Federal contracts;

(c) District of Columbia supply schedules;

(d) Federal Prison Industries (UNICOR);

(e) D.C. Department of Corrections, Industries Division, or other District of Columbia agencies;

(f) Intergovernmental Agreements;

(g) Cooperative Agreements; or

(h) Full and Open Competition

4303.2 The CCO shall follow the procedures required by each source in satisfying Library procurement requirements.

4303.3 The Library may satisfy requirements for supplies and services from other sources through full and open competition, including sources from the District of Columbia government's local, small or disadvantaged business enterprise program in accordance with these regulations.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4304 GOVERNMENT COST ESTIMATE

4304.1 The Library shall develop an independent cost estimate for all requirements for supplies, services and construction totaling in excess of one hundred thousand dollars ($100,000).

4304.2 The government cost estimate shall be realistic based on the requirement and not on the budget and shall not be disclosed to anyone outside the Library.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4305 USE OF SIMPLIFIED PROCUREMENT PROCEDURES

4305.1 The CCO has the authority to use the simplified procurement procedures set forth in this section for the procurement of supplies, services, books and equipment when the total amount of the procurement does not exceed one hundred thousand dollars ($100,000).

4305.5 For each procurement in an amount over three thousand dollars ($3,000) but less than one hundred thousand dollars ($100,000) the CCO shall solicit quotations from at least three (3) sources to promote competition to the maximum extent practicable and to ensure that the purchase is in the best interests of the Library considering price and other factors (including the administrative cost of the purchase).

4305.6 The CCO may solicit oral price quotations for procurements over three thousand dollars ($3,000) up to twenty-five thousand dollars ($25,000).

4305.7 The CCO shall solicit written price quotations for procurements over twenty-five thousand dollars ($25,000) up to one hundred thousand dollars ($100,000), except as required by Section 4313.

4305.8 The CCO shall maintain records of all oral and written price quotations in the procurement file for each requirement. The records shall include the names of the sources contacted, the price(s) and other terms quoted.

4305.9 If practicable, three (3) sources not included in previous solicitations for similar items shall be requested to furnish quotations.

4305.10 The CCO shall prepare a written justification if it is impractical to solicit more than three (3) sources based on factors set forth in subsection 4305.12.

4305.11 The CCO shall follow the provisions in Section 4320 if quotations are solicited from only one source.

4305.12 The CCO may consider the following factors when deciding how many quotations will be solicited:

(a) The dollar value of the proposed procurement;

(b) The urgency of the proposed procurement; and

(c) Information received in making recent purchases of the same or similar supplies or services.

4305.13 The CCO shall not use simplified procurement procedures when the requirement can be met by using a Library or District-wide requirements contract, a District or Federal Supply Schedule or other required source of supply unless the CCO justifies the rationale in writing.

4305.14 The CCO shall ensure that procurements are not split, parceled, divided or purchased over a period of time to circumvent the dollar limitations for use of simplified procurement procedures.

4305.15 The CCO shall use the simplified procurement procedure that is most suitable, economical and efficient based on the circumstances of each procurement.

4305.16 The CCO shall establish and maintain a simplified procurement procedure source list to include sources for micro-purchases.

4305.17 The CCO shall retain records supporting all oral and written quotations for three (3) years.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4306 NON-COMPETITIVE SIMPLIFIED PROCUREMENTS

4306.1 A procurement for ten thousand dollars ($10,000) or less shall be considered a small purchase and may be made without obtaining competition if the contracting officer determines the price to be fair and reasonable.

4306.2 Small purchase requirements shall be reserved for local, small or disadvantaged businesses to the maximum extent practicable.

4306.3 Small purchase requirements shall be spread equitably among suppliers to ensure usage of as many suppliers as possible and to provide procurement opportunities to as many suppliers as possible.

4306.4 [REPEALED].

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008); as amended by Final Rulemaking published at 62 DCR 2014 (February 13, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 4306

19 DCMR § 4307 DETERMINATION OF PRICE REASONABLENESS AND AWARD

4307.1 The CCO shall determine that the price to be paid to the successful offeror is fair and reasonable for all simplified procurement transactions.

4307.2 Generally, competition shall determine price reasonableness. However, the determination that a proposed price is fair and reasonable may also be based on any of the following:

(a) Historical prices;

(b) Current price lists;

(c) Advertisements;

(d) Catalog prices;

(e) Comparison prices with similar items;

(f) Best value analysis;

(g) The contracting officer's knowledge of the item being procured; or

(h) Other reasonable comparisons.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4308 BLANKET PURCHASE AGREEMENTS

4308.1 A Blanket Purchase Agreement (BPA) may be used as a simplified method of filling anticipated repetitive needs for supplies, services, books or other items by establishing charge accounts with suppliers.

4308.2 A BPA shall not exceed the simplified procurement limitation of one hundred thousand dollars ($100,000).

4308.3 The CCO may establish a BPA if one (1) or more of the following criteria apply:

(a) There are a wide variety of items in a broad class of supplies or services that are generally purchased, but the exact items, quantities and delivery requirements are not known in advance and may vary considerably.

(b) The administrative cost of issuing numerous purchase orders can be reduced through the use of this procedure.

4308.4 A BPA shall not be used for any supply, service, books or equipment for which a requirements type contract has been issued by the Library.

4308.5 The CCO shall not use a BPA to authorize procurements that are not otherwise authorized by law and shall not procure from a BPA to avoid the simplified procurement limitation.

4308.6 A BPA shall be considered terminated when the procurements under it are equal to its total dollar limitation or when the stated time period expires.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4309 PURCHASE ORDERS

4309.1 Purchase orders shall be on a form approved by the CCO.

4309.2 Except as provided in Section 4306.3, the CCO shall issue each purchase order only on a fixed-price basis.

4309.3 Each purchase order shall include any trade and prompt payment discounts that are offered.

4309.4 Each purchase order shall contain a definite calendar date for delivery of supplies or performance of services.

4309.5 If the CCO wants to secure a binding contract between the offeror and the Library before delivery or performance, the CCO shall require the contractor's written acceptance of the purchase order.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4310 UNPRICED PURCHASE ORDERS

4310.1 The CCO shall issue an unpriced purchase order only under the following circumstances:

(a) When the transaction will not exceed the Library's simplified procurement limit;

(b) When it is impractical to obtain pricing in advance of issuance of the purchase order; and

(c) When the purchase is for repairs to equipment requiring disassembly to determine the extent of repairs required, material available from only one (1) source and for which cost cannot be readily determined, or supplies or services for which prices are known to be competitive but exact prices are unknown.

(d) Services that must begin before the extent of the scope of work is known to include estimated hourly rates and an estimate of the total hours to complete the work to be performed.

(e) Supplies needed from a catalog that may not be current, when there is not enough time to verify current prices before ordering.

4310.2 The CCO shall issue each unpriced purchase order by using a written purchase order form with a realistic price ceiling. The price ceiling shall be an obligation subject to adjustment when the firm price is provided.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4311 MODIFICATION OF PURCHASE ODERS

4311.1 A purchase order may be modified by using a form approved by the CCO. Each purchase order modification shall identify the order it modifies and shall contain an appropriate modification number.

4311.2 The CCO may obtain a contractor's written acceptance of a purchase order modification if the written acceptance is determined by the CCO to be necessary to ensure the contractor's compliance and acceptance of the purchase order as modified.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4312 TERMINATION AND CANCELLATION OF PURCHASE ORDERS

4312.1 If a purchase order is terminated or cancelled, the CCO shall notify the contractor in writing that the purchase order has been terminated or cancelled, request the contractor's written acceptance of the termination or cancellation and proceed in accordance with the provisions of Sections 4312 and 4312.3.

4312.2 If the contractor accepts the termination or cancellation and does not claim that costs were incurred as a result of starting performance, no further action shall be required and the purchase order shall be considered terminated or cancelled.

4312.3 If the contractor does not accept the termination or cancellation or claims that costs were incurred as a result of starting performance, the CCO shall treat the action as a termination for default or convenience.

4312.4 The CCO shall terminate or cancel purchase orders in writing by formal letter, electronic mail or by written modification.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4313 SPECIAL SIMPLIFIED PROCUREMENT PROCEDURES

4313.1 The CCO may use the simplified procurement procedures set forth in Section 4305 for procurement of commercial items (supplies and services), except for the requirements specified in Sections 4334 for construction and architect-engineer services, up to five million dollars ($5,000,000), including options.

4313.2 The Library shall use firm-fixed-price contracts or fixed-price contracts with economic price adjustments for the procurement of commercial items.

4313.3 The CCO shall publicize requirements utilizing these procedures for requirements in excess of the simplified procurement threshold of one hundred thousand dollars ($100,000).

4313.4 The CCO shall use the procedures in Section 4305 to solicit, evaluate and award commercial items utilizing simplified procurement procedures.

4313.5 This process shall allow the CCO to maximize efficiency and economy and reduce the administrative costs to the Library and industry in the award of commercial items utilizing this simplified procurement procedure.

4313.6 The CCO shall utilize the special simplified procedure for competitive commercial supplies or services, to include books, periodicals, and publications.

4313.7 The CCO shall not utilize this special procedure for non-commercial items or for construction and architect-engineer services specified in Section 4334.

4313.8 The CCO shall ensure all the necessary approvals are obtained for contracts awarded utilizing the simplified procurement procedures outlined in this section.

4313.9 The CCO shall ensure all appropriate clauses, provisions, representations and certifications are included in solicitations and contracts awarded utilizing the simplified procurement procedures outlined in this section.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4314 SPECIFICATIONS, STATEMENTS OF WORK, PURCHASE DESCRIPTIONS

4314.1 The CCO shall provide specifications, statements of work or purchase descriptions in a manner designed to promote competition to the maximum extent possible.

4314.2 Specifications, statements of work or purchase descriptions shall reflect the minimum needs of the Library. Specifications and purchase descriptions may be stated in terms of the following:

(a) Function, so that a variety of supplies or services may qualify;

(b) Performance, including the range of acceptable characteristics or the minimum acceptable standards; or

(c) Design requirements, providing exact dimensions, materials or characteristics.

4314.3 Performance specifications or statements of work shall be the preferred description for Library procurements to encourage offerors to propose innovative solutions and approaches.

4314.4 Brand name or equal purchase descriptions shall include the brand name, along with the salient physical, functional or performance characteristics of the brand name item that the equal item must meet to be acceptable for award.

4314.5 The CCO shall not develop agency requirements to favor a particular brand name product or a feature of a brand name product specific to one manufacturer, unless the specific brand name product or feature is necessary to the Library's requirements and market research of other products or features do not meet or cannot be modified to meet the Library's needs.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4315 COMPETITIVE SEALED BIDDING

4315.1 The CCO has the discretion to determine which method of procurement to utilize in the purchase of supplies, services or construction.

4315.2 Competitive sealed bidding shall be the Library's preferred method of contracting when the following conditions exist:

(a) Award will be made solely on the basis of price and price-related factors and conformance to specifications;

(b)It will not be necessary to conduct discussions with the bidders responding to the solicitation; and

(c)There is reasonable expectation of receiving more than on sealed bid.

4315.3 Each Invitation for Bid (IFB) shall be publicized in accordance with section 4302.

4315.4 A pre-bid conference may be held after a solicitation has been issued, but before bids are submitted, to explain the solicitation. The conference shall be announced to all prospective bidders known to have received the solicitation.

4315.5 Nothing stated or discussed at the pre-bid conference shall change the IFB unless the CCO issues a written amendment.

4315.6 Each amendment shall identify the part of the IFB that was amended.

4315.7 To be considered for award, a bid shall be required to comply with all the requirements of the solicitation.

4315.8 The CCO shall evaluate bids without discussions with bidders when the competitive sealed bidding method of procurement is utilized.

4315.9 The CCO shall prescribe the manner in which bids shall be submitted:

(a) Typewritten in hard copy and mailed via U.S. mail; or

(b) Typewritten in electronic copy.

4315.10 Bids shall be submitted so they will be received in the office designated in the solicitation not later than the exact date and time set for receipt of bids.

4315.11 Bids received at the place designated in the solicitation after the time and date set for receipt of bids shall be considered late.

4315.12 Bids shall not be sent via registered or certified mail.

4315.13 Bids sent in hard copy via U.S. mail or via any overnight mail carrier are mailed at the risk of the bidder. Bids sent in soft copy via an electronic process shall be determined timely based on the time bids are received by the Library's electronic mail system.

4315.14 A bidder may modify or withdraw its bid by submitting a written notice to the CCO. The notice must be received in the office designated in the solicitation before contract award.

4315.15 Prior to bid opening, the CCO may cancel the IFB if the CCO determines that cancellation is in the best interest of the Library.

4315.16 If a solicitation is canceled under section 4315.15, the CCO shall send a notice to all bidders who received the solicitation.

4315.17 All bids, withdrawals and modifications shall be opened publicly in the presence of one or more persons at the time, date and place specified in the solicitation. The name of the bidder, price, and other relevant information shall be read aloud and recorded on a bid summary.

4315.18 The CCO shall examine each bid for mistakes after the bid opening.

4315.19 The CCO shall have the discretion to waive minor mistakes, minor informalities or minor irregularities in bids if waiver is in the best interest of the Library.

4315.20 If the CCO has reason to believe that a mistake has been made, the CCO shall request the bidder to verify the bid and the suspected mistake.

4315.21 If the bidder confirms a mistake has been made or if a bidder alleges a mistake, the matter shall be processed before award in accordance with the following:

(a) If the bidder submits a written notice of the alleged mistake within five business days of notification by the CCO or within five business days from when the bidder discovers a mistake;

(b) The authority to permit corrections of bids is limited to bids that, as submitted, are responsive to the solicitation and shall not be used to permit correction of bids to make them responsive;

(c) Correction of an apparent clerical mistake may be permitted before award; and

(d) A bidder may be permitted to withdraw a low bid in either of the following circumstances:

(1) If a mistake is clearly evident on the face of the bid document but the intended bid is not similarly evident; or

(2) If the bidder submits evidence which clearly and convincingly demonstrate that a mistake was made.

4315.22 When a bid is corrected or withdrawn, or when the CCO denies the correction or withdrawal, the CCO shall prepare a determination showing that the relief was granted or denied.

4315.23 If a mistake in bid is not discovered until after award, the mistake may be corrected by contract modification if correcting the mistake would be favorable to the Library without changing the essential requirements of the specifications

4315.24 In addition to the circumstances contemplated in this section, or as otherwise authorized by law, if a mistake in a bid is not discovered until after award, one (1) of the following determinations shall be made:

(a) To reform the contract to delete the items involved in the mistake or to reform the contract to increase the price if the contract price, as corrected, does not exceed that of the next lowest acceptable bid under the original bid;

(b) That no change shall be made in the contract as awarded: or

(c) To terminate the contract.

4315.25 Determinations under this section shall be made only on the basis of clear and convincing evidence that a mistake was made by the contractor, and was so apparent as to have given the contracting officer notice of the probability of the mistake.

4315.26 The CCO shall make a contract award by written or electronic notice to the responsive offeror whose bid, conforming to the IFB, will be most advantageous to the Library, considering only price or price-related factors specified in the IFB.

4315.27 The CCO shall include in the contract file a record of each determination made in accordance with this section, the facts involved, and the action taken.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4316 RESERVED

19 DCMR § 4317 COMPETITIVE SEALED PROPOSALS

4317.1 If the CCO determines competitive sealed bidding is not appropriate, requirements shall be solicited utilizing the competitive sealed proposal (CSP) method of procurement.

4317.2 A Request for Proposals (RFP) shall be used to solicit offers when the competitive sealed proposal method of procurement is utilized.

4317.3 Each RFP shall be publicized in accordance with Section 4302.

4317.4 The CCO may conduct a pre-proposal conference to brief prospective offerors after a solicitation has been issued and before proposals are submitted. The conference shall be announced to all prospective offerors known to have received a solicitation.

4317.5 The CCO shall inform the pre-proposal conference attendees of the following:

(a) That remarks and explanations at the conference do not qualify or amend the terms of the solicitation; and

(b) That the solicitation and specifications remain unchanged unless the solicitation is amended in writing.

4317.6 The CCO shall distribute each amendment to all prospective offerors within a reasonable time to allow consideration of the information before submitting their offers.

4317.7 If a change to a solicitation is significant that it warrants complete revision, the CCO shall cancel the original solicitation and issue a new one, irrespective of the stage of the procurement. If the solicitation is reissued, it shall be publicized in accordance with Section 4302.

4317.7 All proposals received in response to the RFP shall be received by the exact date and time specified in the solicitation.

4317.8 Each solicitation shall include all of the evaluation factors for award, including price, and the relative importance of each factor. The solicitation shall include a statement that the CCO may conduct discussions with all offerors within the competitive range, but that the Library reserves the right to evaluate initial proposals and make award without discussions.

4317.9 The competitive range shall be determined based on cost or price and other evaluation factors stated in the solicitation, and shall include all proposals that have a reasonable chance of being selected for award. Cost or price shall always be an evaluation factor.

4317.10 If discussions are held, the CCO shall hold such discussions with all offerors with proposals in the competitive range and do the following:

(a) Lead and control all discussions;

(b) Advise offerors of any deficiencies in their proposal;

(c) Resolve any suspected mistakes without disclosing information concerning other proposals received or the evaluation process; and

(d) Provide offerors a reasonable opportunity to submit revisions to their proposal that may result from the discussions.

4317.11 The CCO shall not assist an offeror in any way to revise its proposal to the level of other proposals. The CCO shall not disclose any information from other proposals that would result in improvement of a competing proposal.

4317.12 Proposal evaluations shall be based on the evaluation factors outlined in the solicitation. Numerical, adjectival or color rating systems may be used by the Library in proposal evaluations. Factors not specified in the solicitation shall not be considered or utilized.

4317.13 The CCO shall utilize discussions to correct any minor informalities or irregularities. If the CCO determines that award will be made without discussions, the procedures outlined in Section 4315.21 shall be used to correct any minor informalities or irregularities.

4317.14 Communication with offerors to resolve minor informalities or irregularities shall be only for clarification, not for discussions.

4317.15 Upon completion of negotiation, the CCO shall issue to all offerors in the competitive range a request for best and final offers. Best and final offers shall be submitted as prescribed by the CCO with a common date and time for receipt.

4317.16 Offers submitted as best and final offers shall be considered complete and not subject to any additional negotiation, unless the CCO determines it is in the best interest of the Library to reopen negotiations.

4317.17 The CCO has the right to reject all proposals in whole or in part when it is determined to be in the best interest of the Library.

4317.18 The CCO shall award the contract to the offeror whose proposals offers the best value to the Library, based solely on the evaluation factors contained in the solicitation.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4318 COST OR PRICING DATA

4318.1 The CCO may require the submission of cost or pricing data for contracts estimated in excess of five hundred fifty thousand dollars ($550,000).

4318.2 The CCO shall develop procedures for the submission and evaluation of cost or pricing data in the Library procurement manual.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4319 PRICE ANALYSIS AND COST ANALYSIS

4319.1 The CCO shall conduct price analysis and cost analysis when appropriate and shall outline instructions for both price analysis and cost analysis in the Library Procurement Manual.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4320 SOLE SOURCE PROCUREMENT

4320.1 The CCO shall take reasonable steps to avoid using sole source procurement except in circumstances when it is both necessary and in the best interest of the Library.

4320.2 [RESERVED]

4320.3 The CCO shall determine the format used to request a proposal for a sole source procurement.

4320.4 The CCO shall take action, whenever possible, to avoid the need to continue to procure the same supply, service or construction without competition.

4320.5 The CCO shall not award a contract on a sole source basis when the justification is based on lack of sufficient time to complete the competitive process through the competitive sealed bidding or competitive sealed proposal method of procurement, unless a legitimate emergency, as defined Section 4321 exists.

4320.6 The CCO and/or designee shall ensure that each sole source procurement is reviewed and approved in accordance with Subsection 4320.7.

4320.7 When a sole source procurement is proposed, the DCPL Office of Procurement with the representative of the requesting department shall prepare a written determination and findings (D&F) that justifies the sole source procurement. The CCO and/or designee shall approve all D&Fs before issuance of a solicitation.

4320.8 Each D&F shall include the following:

(a) Designation that the requirement is a sole source D&F;

(b) A description of the requirement, including the estimated cost;

(c) A description of the factors that qualify the requirement as a sole source procurement such that the requirement is available from one source or only one supplier with unique capabilities;

(d) A discussion of the proposed contractor's unique qualifications that qualify the proposed contractor for a sole source award;

(e) A statement that the anticipated costs to the Library will be fair and reasonable; and

(f) Any other relevant facts to support the use of a sole source procurement.

4320.10 The CCO and/ or designee shall ensure that each sole source contract contains all of the required clauses, provisions, representations and certifications.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008); as amended by Final Rulemaking published at 59 DCR 2712, 2713 (April 6, 2012); as amended by Final Rulemaking published 62 DCR 16120 (December 18, 2015). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 4320

19 DCMR § 4321 EMERGENCY PROCUREMENTS

4321.1 The CCO may approve a procurement on an emergency basis if the requirement is essential to the Library's mission to handle an existing emergency situation.

4321.2 The CCO shall have the authority to award contracts on an emergency basis for requirements that are essential to the mission of the Library when an emergency condition exists.

4321.3 Emergency Procurement procedures shall not be used for long-term contract requirements and the performance of which shall not exceed one hundred twenty (120) days.

4321.4 The CCO shall not be required to publicize emergency solicitations or contract awards for emergency requirements.

4321.5 The CCO shall take steps to maximize competition by soliciting bids or proposals from as many potential offerors as possible.

4321.6 The CCO shall not award emergency contracts on a sole source basis unless the CCO prepares a sole source D&F to justify the sole source in accordance with Section 4320.

4321.7 The CCO shall prepare a written D&F to justify emergency procurements. Each emergency D&F shall include the following:

(a) The description of the proposed procurement action;

(b) A description of the emergency;

(c) The estimated value or cost;

(d) A description of the efforts made to ensure that bids or proposals are received from as many potential sources as possible.

(e) A determination that the anticipated costs to the Library will be fair and reasonable; and

(f) Any other relevant facts that support the emergency justification.

4321.8 The CCO shall determine the appropriate format to solicit bids or proposals on an emergency basis.

4321.9 The CCO shall ensure that each contract awarded under emergency procurement procedures contain clauses, provisions, representations and certifications required by law and these regulations.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2712, 2713 (April 6, 2012).

19 DCMR § 4322 DELIVERY AND PERFORMANCE

4322.1 Time of delivery and performance is an essential solicitation and contract element and shall be clearly stated in each solicitation and contract award.

4322.2 The CCO shall ensure that a delivery or performance schedule is realistic and meets the requirements of the procurement.

4322.3 Time of delivery or performance shall be considered in the evaluation of bids and proposals and shall be included in all solicitations.

4322.4 When establishing delivery or performance schedules, the CCO shall consider the following factors:

(a) Urgency of need;

(b) Market conditions;

(c) Transportation time;

(d) Production time; and

(e) Transition time from the incumbent contractor to the successor contractor.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4323 TYPES OF CONTRACTS

4323.1 The CCO shall utilize the types of contract described in this section that is most appropriate to each procurement.

4323.2 When the competitive sealed bidding method of procurement is utilized, the CCO shall utilize either a firm-fixed-price or a fixed-price with economic price adjustment type contract.

4323.3 The CCO shall determine the type of contract to be used prior to solicitation. Solicitations shall inform bidders of the type of contract that will be used.

4323.4 The CCO may use any type of contract allowed by these regulations, or a combination of types, except when the procurement is by competitive sealed bids. For sealed bids, only firm-fixed-price or fixed-price with economic price adjustment contracts shall be used.

4323.5 The CCO shall use a firm-fixed-price contract when the requirement is clearly defined and can be priced on a firm-fixed-price basis and when the risk involved is minimal to the Library.

4323.6 The CCO shall give preference to selecting contract types in the following order:

(a) Fixed-price type;

(b) Cost-reimbursement;

(c) Time and materials;

(d) Labor hour; and

(e) Other types.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4324 FIXED-PRICE CONTRACTS

4324.1 Fixed-price contracts may provide for a firm price or, in appropriate circumstances, an adjustable price.

4324.2 Fixed-price contracts with an adjustable price shall include a ceiling price, a target price or both. The adjustment in ceiling price or target price shall be adjusted only by inclusion of a clause, approved by the Procurement Executive that authorizes an equitable adjustment of the contract price under specific and stated circumstances.

4324.3 A firm-fixed-price contract shall provide for a price that does not allow any adjustment in price on the basis of a contractor's cost experience during contract performance.

4324.4 A firm-fixed-price contract shall be used for acquiring commercial products or services and shall be based on detailed specifications, definitive statements of work and when the CCO anticipates there will be adequate price competition.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4325 FIXED-PRICE CONTRACTS WITH ECONOMIC PRICE ADJUSTMENTS

4325.1 The CCO shall use a fixed-price contract with economic price adjustment when it is necessary to protect the Library and the contractor when fluctuations in labor and material costs may occur during contractor performance.

4325.2 A fixed-price contract with economic price adjustment shall provide for an upward or downward revision of the contract price based on certain contingencies that are specifically stated in the contract.

4325.3 An economic price adjustment may be one (1) of the following general types:

(a) Adjustment based on increases or decreases in specified costs of labor or material that the contactor actually experiences during contract performance; or

(b) Adjustment based on increases or decreases in labor or material cost standards or indexes that are specifically identified in the contract.

4325.4 The CCO may use a fixed-price contract with economic price adjustment when the following factors are applicable:

(a) Stability of market or labor conditions are anticipated during contract performance; and

(b) Contingencies that would otherwise be included in the contract price can be identified and covered separately in the contract.

4325.5 Price adjustments based on labor and material costs shall be limited to contingencies beyond the contractor's control and approved by the CCO.

4325.6 The CCO shall ensure that contingency allowances are not duplicated by inclusion in both the base price and the adjustment requested by the contractor under the economic price adjustment clause.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4326 COST-REIMBURSEMENT CONTRACTS

4326.1 The CCO shall use a cost-reimbursement contract only when the requirement cannot be fully defined and costs cannot be estimated with sufficient accuracy to use any type of fixed-price contract.

4326.2 The CCO shall justify the use of a cost-reimbursement contract in writing.

4326.3 When a cost-reimbursement contract is utilized, the CCO shall take steps to minimize cost over-runs.

4326.4 Each cost-reimbursement contract shall include a specified ceiling that a contractor shall not exceed.

4326.5 The CCO may use a cost-reimbursement contract only when each of the following circumstances applies:

(a) The contractor's accounting system is adequate for determining costs applicable to the contract; and

(b) There is reasonable assurance that efficient methods of surveillance and effective cost controls by the Library will be used.

4326.6 The CCO shall incorporate the appropriate clauses in each solicitation and contract when a cost-reimbursement type contract is utilized.

4326.7 The CCO shall not use a cost-plus-incentive fee or cost-plus-award fee type contract.

4326.8 The CCO may use a cost-sharing contract when the contractor agrees to absorb an equal portion of the costs and no fee.

4326.9 The CCO may use a cost reimbursement contract which allows for a contractor to be reimbursed based on actual costs only and no fee.

4326.10 The CCO may use a cost-plus-fixed-fee contract that provides for payment to the contractor of a negotiated fee in a fixed amount at the inception of the contract. The fixed fee does not vary with actual costs.

4326.11 A cost-plus-fixed-fee contract may be in either a completion form or level-of-effort form. The completion form shall be the preferred form. A completion form requires the contractor to provide a concrete end product based on a definite goal or target specified in the statement of work. The level-of-effort form calls for the contractor's services (time and effort) rather than a concrete end product. The level-of-effort form reimburses the contractor's incurred costs (within a specified ceiling) and is paid a fixed fee based on satisfactory performance.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4327 TIME AND MATERIALS CONTRACT

4327.1 The CCO shall use a time and materials contract only when it is not possible to estimate accurately the extent or duration of the work or the anticipated costs with any degree of confidence.

4327.2 A time and materials contract shall include direct labor hours at specified fixed hourly rates that include wages, overhead, general and administrative expenses, profit and materials required at cost.

4327.3 The CCO shall ensure supervision of contractor performance when a time and materials contract is used.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4328 LABOR-HOUR CONTRACTS

4328.1 The CCO may use a labor-hour contract when materials are not required.

4328.2 A labor-hour contract is a variation of a time and materials contract and may be used when a contractor's hourly rates are fixed.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4329 LETTER CONTRACTS

4329.1 The CCO shall use a letter contract when contract work must begin immediately and awarding a definitive contract is not immediately possible.

4329.2 The CCO shall ensure that each letter contract is as definitive and complete as possible under the circumstances and shall include clauses applicable to letter contracts to protect the Library's interests.

4329.3 Each letter contract shall include a price ceiling that the contractor shall not exceed.

4329.4 The CCO shall not enter into a letter contract without competition, except as provided in Section 4320.

4329.5 When a letter contract is utilized, the maximum liability of the Library shall not exceed fifty percent (50%) of the estimated cost for the term of the definitive contract, unless approved in advance by the CCO.

4329.6 The CCO shall execute a definitive contract within ninety (90) days after the date of execution of the letter contract or before completion of fifty percent (50%) of the work to be performed, whichever occurs first.

4329.7 The CCO shall ensure that funds are obligated in the amount of the maximum Library liability for the term of the letter contract prior to executing a letter contract.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4330 DEFINITE QUANTITY CONTRACTS

4330.1 The CCO may use a definite quantity contract that provides for delivery of a specified quantity of supplies or services either at specified times or when ordered. Quantities ordered under a definite quantity contract shall be limited to the quantity stated in the contract, unless the contract contains an increased quantity option.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4331 MULTIPLE AWARD CONTRACTS

4331.1 The CCO may use a multiple award contract when more than one contractor is to be awarded a contract for specific supplies or services.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4332 LOCAL, SMALL, DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

4332.1 The CCO shall include in all Library solicitations and contracts totaling two hundred fifty thousand dollars ($250,000) or more a mandatory thirty-five percent (35%) local, small, disadvantaged business enterprise (LSDBE) participation for certified LSDBE firms.

4332.2 Firms and individuals shall be certified by the D.C. Department of Small and Local Business Development in order to participate in the Library's LSDBE set- aside program.

4332.3 The CCO may set-aside certain Library procurement opportunities for certified LSDBE firms.

4332.4 The CCO shall post all procurement opportunities set-aside for certified LSDBE firms on the Library website and shall publicize all solicitations for competitive set-aside procurements in accordance with Section 4302, except when the requirement is a for sole source award in accordance with Section 4320.

4332.5 The CCO shall establish procedures for the utilization of LSDBE firms in Library procurement opportunities in the Library procurement manual.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4333 MENTOR-PROTÉGÉ PROGRAM

4333.1 The CCO shall establish a mentor-protégé program designed to match prime contractors with local, small, disadvantaged business enterprises certified by the D.C. Department of Small and Local Business Development for participation in Library procurement opportunities.

4333.2 The program shall allow approved prime contractors, serving as mentors, to provide assistance to certified local, small, disadvantaged business enterprise firms, serving as protégés, to improve their ability to successfully compete for Library contracts.

4333.3 Approved prime contractors who team with protégés shall be given a maximum of five (5) preference points when the competitive sealed proposal method of procurement is utilized.

4333.4 Approved prime contractors who team with protégés shall have their total evaluated bid price reduced by five percent (5%) when the competitive sealed bidding method of procurement is utilized.

4333.5 Mentor-protégé relationships shall have a minimum duration of three (3) years and may be terminated under the following circumstances:

Mentors are no longer in good financial condition;

Mentors or protégés are delinquent in District taxes or any District debt;

A protégé is removed from or no longer is a participant in the District’s local, small, disadvantaged business enterprise program;

The mentor-protégé relationship has expired; or

Other relevant reasons.

4333.6 Firms participating in Library procurement opportunities shall clearly identify mentor-protégé relationships by submitting the appropriate documentation with bids or proposals in order to receive preference points or percentages outlined in this section. The appropriate documentation shall be identified in the Library's mentor-protégé program.

4333.7 The CCO shall establish the Library's mentor-protégé program within 12 months from issuance of these regulations.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2712, 2713 (April 6, 2012).

19 DCMR § 4334 CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

4334.1 The CCO shall award construction contracts in accordance with the guidelines of this section.

4334.2 The CCO shall award architect-engineer contracts in accordance with the guidelines of Section 4304.

4334.3 In any instance where the provisions of this section are inconsistent with other sections of these regulations, the applicable sections of this chapter shall take precedence and control the process of the award of a construction or architect- engineer contract.

4334.4 Competitive sealed bidding shall be the preferred method of procurement for the solicitation and award of construction contracts, except as provided in Section 4346

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4335 ESTIMATE OF CONSTRUCTION COSTS

4335.1 An estimate of construction costs shall be prepared by the Library's program staff for each proposed contract and for each proposed contract modification estimated to exceed twenty-five thousand dollars ($25,000).

4335.2 The estimate shall be prepared in as much detail as though the Library was competing for award.

4335.3 Access to information concerning the Library estimate shall be limited to Library personnel whose official duties require knowledge of the estimate.

4335.4 The amount of the Library estimate shall not be disclosed, except as otherwise permitted by these regulations.

4335.5 Contracts for construction shall not be awarded at cost to the Library.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4336 NOTICE OF THE SCOPE OF CONSTRUCTION PROJECTS

4336.1 All pre-solicitation notices and each solicitation shall state the approximate scope of the construction requirement in terms of physical characteristics and estimated price.

4336.2 In no event shall the scope of a project disclose the Library's estimate of costs.

4336.3 The CCO shall describe the estimated price in terms of the following ranges:

(a) Less than $25,000; or

(b) Between $25,000 and $100,000

(c) Between $100,000 and $250,000;

(d) Between $250,000 and $500,000;

(e) Between $500,000 and $1,000,000; or

(f) Over $1,000,000.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4337 LIQUIDATED DAMAGES IN CONSTRUCTION CONTRACTS

4337.1 The CCO shall determine the need for liquidated damages in construction contracts.

4337.2 In construction contracts estimated to exceed twenty-five thousand dollars ($25,000), the CCO may include a liquidated damages clause.

4337.3 If liquidated damages are used in a contract, the CCO shall include an appropriate, reasonable rate or rates of liquidated damages.

4337.4 The provisions of this section shall apply to all liquidated damages clauses included in construction contracts.

4337.5 When liquidated damages clauses are required or used, if different completion periods for separate parts or stages of the work are specified in the contract, the CCO shall include a provision, providing for liquidated damages for delay of a failure to perform each separate part or stage of the work compensating the Library for damages incurred.

4337.6 The CCO shall base the minimum amount of liquidated damages on the estimated cost of inspection and superintendence for each day of delay in completion.

4337.7 Whenever the Library would suffer other specific losses due to failure of the contractor to complete the work on time, the CCO shall also include in the contract the amount of these specific losses.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4338 PRICING CONSTRUCTION CONTRACTS

4338.1 The CCO shall use firm-fixed-price contracts to procure construction.

4338.2 A contract may be priced on a lump-sum basis (when a lump sum is paid for the total work or defined parts of the work), on a unit-price basis (when a unit price is paid for a specified quantity of work units), or a combination of both methods.

4338.3 The CCO shall use lump-sum pricing in preference to unit pricing except when any one (1) of the following circumstances exist:

(a) Large quantities of work (such as excavation, grading, paving, building outside utilities, or site preparation) are involved which cannot be estimated with sufficient confidence to permit a lump-sum offer without a substantial contingency;

(b) Estimated quantities of work required may change significantly during construction; or

(c) Bidders would have to expend unusual effort to develop adequate estimates.

4338.4 The CCO may not use fixed-price contracts with economic price adjustments when an economic price adjustment provision would preclude a significant number of firms from submitting bids or would result in bidders including unwarranted contingencies in proposed prices.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4339 CONSTRUCTION CONTRACTS WITH ARCHITECT-ENGINEER FIRMS

4339.1 Except as provided in Section 4339.2, the CCO shall not award a contract for the construction of a project to the firm that designed the project or its subsidiaries or affiliates without the prior written approval of the Procurement Executive.

4339.2 If a proposed construction contract will use a design build method of construction, the CCO may award the construction contract to an affiliate of the architect- engineer firm that designed the project without prior approval of the Procurement executive.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4340 DESIGN-BUILD PROCEDURES

4340 If the CCO uses a design-build process, two-phase design-build selection procedures shall be utilized.

4340.1 The CCO shall only use the two-phase design-build selection procedures when three or more offers are anticipated.

4340.2 The CCO may use one solicitation covering both phases, or the CCO may issue two solicitations in sequence.

4340.3 The CCO shall issue a solicitation utilizing the competitive sealed proposals method of procurement. The solicitation shall state the maximum number of offerors that will be selected to submit phase-two proposals.

4340.4 The maximum number specified shall not exceed five unless the CCO determines, for that particular solicitation, that a number greater than five is in the Library's interest and is consistent with the purposes and objectives of two-phase design-build contracting.

4340.5 After evaluating phase-one proposals, the CCO shall select the most highly qualified offerors, not to exceed the maximum number specified in the solicitation in accordance with Section 4340.4, and request that only those offerors submit phase-two proposals.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4341 INSPECTION AND SITE EXAMINATION

4341.1 The CCO shall make appropriate arrangements for prospective bidders to inspect the work site and to have the opportunity to examine data available to the Library which may provide information concerning the performance of the work. The CCO shall assemble the data in a single place and make it available for examination.

4341.2 The solicitation shall notify bidders of the time and place for the site inspection and date of examination.

4341.3 The CCO shall make available to all prospective bidders in the same manner significant site information and the work performance data, including information regarding any utilities to be furnished during construction.

4341.4 The CCO shall keep a record of the identity and affiliation of each prospective bidder's representative who inspects the site or examines the data.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4342 COMPETITIVE SEALED BIDS FOR CONSTRUCTION

4342.1 An IFB for construction shall allow a reasonable time for bidders to prepare and submit their bids, but in no event less than ten (10) days after the initial solicitation is issued and publicized.

4342.2 The CCO shall publicize the IFB in accordance with Section 4302.

4342.3 In determining what is a reasonable time, the CCO shall consider the construction industry and the time necessary for bidders to inspect the site, obtain subcontract agreements, examine data concerning the work and prepare estimates based on plans and specifications.

4342.4 The CCO shall ensure that each IFB includes the following information when applicable:

(a) The appropriate wage determination as issued by the U.S. Department of Labor;

(b) The scope of the proposed construction project;

(c) The period of performance;

(d) Information concerning any facilities, such as utilities, office space, and warehouse space, to be furnished during the construction period;

(e) Arrangements for bidders to inspect the site and examine the data concerning performance of the work;

(f) Any special qualifications or experience requirements that will be considered;

(g) Any special instructions concerning bids, alternate bids, and award; and

(h) Any instructions concerning reporting requirements.

4342.5 The CCO shall send IFB's to prospective bidders upon request.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4343 NOTICE OF INTENT TO AWARD

4343.1 Each notice of intent to award shall include the following:

(a) The identity of the IFB;

(b) The identity of the prospective contractor;

(c) The award price;

(d) A statement notifying the prospective contractor that all required performance and payment bonds must be properly executed by the prospective contractor and sureties and returned to the CCO by the prospective contractor within the time specified in the IFB, or, if no time period is specified in the IFB, within ten (10) days after the bond forms as presented by the Library to the prospective contractor for signature.

(e) A statement that a notice to proceed will be issued, contingent upon the CCO's receipt of executed performance and payment bonds and executed contracts form that is in compliance with the requirements of the IFB and this title.

(f) A statement that the Library may rescind the notice of intent to award at any time prior to approval of a formal written contract signed by the prospective contractor and the CCO or other Library official.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4344 PRE-CONSTRUCTION CONFERENCE

4344.1 The CCO may conduct a pre-construction conference to inform the contractor about the labor standards requirements, permits, subcontracting and other relevant pre-construction matters deemed appropriate by the CCO.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4345 EVALUATION OF CONTRACTOR PERFORMANCE

4345.1 The CCO or designee shall evaluate contractor performance and prepare a performance report for each construction contract over one hundred thousand dollars ($100,000) in the following circumstances:

(a) When any element of performance was either unsatisfactory or outstanding;

(b) When the contract was terminated for default; or

(c) When the contract was terminated for the convenience of the Library.

4345.2 The CCO or designee shall prepare the evaluation performance report at the time of final acceptance of the work, at the time of contract termination, or at other times determined appropriate by the CCO.

4345.3 If the CCO concludes that a contractor's overall performance was unsatisfactory, the CCO shall advise the contractor in writing that an unsatisfactory performance report is being prepared and shall state the basis for the report.

4345.4 If, after receiving the CCO or designee's report, the contractor submits any written comments, the CCO or designee shall include them in the report, consider them in resolving any alleged factual discrepancies, and make any appropriate changes in the report. The CCO shall include the performance report in the contract file.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4346 ARCHITECT-ENGINEER SERVICES

4346.1 The CCO shall publicize all requirements for architect-engineer services in accordance with Section 4302.

4346.2 The CCO shall negotiate contracts for these services based on demonstrated competence and qualifications of prospective contractors to perform the services required at fair and reasonable prices.

4346.3 The CCO shall select a contractor for architect-engineer services in accordance with the provisions of this section rather than the solicitation procedures specified elsewhere in these regulations.

4346.4 Compliance with the provisions of Sections 4346 through 4355 of these regulations shall constitute a competitive procedure of the procurement of architect-engineer services.

4346.5 The CCO shall evaluate each potential contractor based on the following criteria:

(a) Professional qualifications necessary for satisfactory performance of the required services;

(b) Specialized experience and technical competence in the type of work required;

(c) Capacity to accomplish the work in the required time;

(d) Acceptability under other appropriate evaluation criteria.

4346.6 When design competition is used by the Library, the CCO may evaluate firms on the basis of their conceptual design of the project.

4346.7 Design competition may be used in the following circumstances:

(a) When unique situations exist involving prestigious projects, such as the design of memorials or structures of unusual national or local significance;

(b) When sufficient time is available for the production and evaluation of conceptual designs; and

(c) When the design competition, with its costs, will substantially benefit the project.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4347 ARCHITECT-ENGINEER QUALIFICATIONS

4347.1 To be considered for an architect-engineer contract, a firm shall file an appropriate architect-engineer qualification data form with the CCO.

4347.2 The CCO shall classify the qualification data files for each firm with respect to the following:

(a) Location;

(b) Specialized experience;

(c) Professional capabilities; and

(d) Capacity with respect to the scope of work that the firm can undertake.

4347.3 The CCO shall review and update the qualification data files at least once each year. The process shall include the following:

(a) Publicizing a notice encouraging firms to submit annually an updated statement of qualifications;

(b) Reviewing and updating each firm's classification;

(c) Recording any contract awards made to each firm in the preceding year;

(d) Ensuring that the file contains a copy of each performance evaluation report;

(e) Discard any material that has not been updated within the previous three (3) years; and

(f) Posting the date of the review file.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4348 ARCHITECT-ENGINEER SELECTION

4348.1 The CCO, with the advice of the appropriate technical and staff representatives, will make the final selection.

4348.2 The final selection shall be a listing, in order of preference, of the firms considered most highly qualified to perform the work.

4348.3 The CCO shall document the contract file with a written explanation of the reasons for the selection. All firms on the final selection list shall be the firms with which the CCO may negotiate.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4349 COST ESTIMATE FOR ARCHITECT-ENGINEEER CONTRACTS

4349.1 An independent Library estimate of the cost of architect-engineer services shall be prepared by or under the direction of the CCO before commencing negotiations in accordance with Section 4304 for each proposed contract or contract modification estimated to exceed one hundred thousand dollars ($100,000).

4349.2 Access to information concerning the Library estimate shall be limited to Library personnel whose official duties require knowledge of the estimate. The overall amount of the Library's estimate shall not be disclosed except as permitted by this section.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4350 NEGOTIATIONS OF ARCHITECT-ENGINEER CONTRACTS

4350.1 The CCO shall first attempt to negotiate a contract with the highest rated qualified firm for the required services at a price which the CCO determines in writing to be fair and reasonable to the Library.

4350.2 The CCO shall inform the firm that no construction contract may be awarded to the firm that designed the project, except as provided in Section 4339

4350.3 The CCO shall ensure that the firm has a clear understanding of the scope of work, specifically, the essential requirements involved in providing the required services, and shall determine whether the firm will make available the necessary personnel and facilities to perform the services within the required time.

4350.4 The CCO shall limit the firm's subcontracting to firms agreed upon during negotiations or through a formal contract modification.

4350.5 If a mutually satisfactory contract cannot be negotiated, the CCO shall notify the firm in writing that negotiations are terminated. The CCO shall then initiate negotiations with the next rated qualified firm on the list. This procedure shall continue until a mutually satisfactory contract has been negotiated.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4351 RELEASE OF INFORMATION

4351.1 After final selection has taken place under Section 4350 the CCO may release information identifying the highest rated architect-engineer firm with which a contract will be negotiated.

4351.2 If negotiations are terminated without awarding a contract to the highest rated firm, the CCO may release that information and state that negotiations will be undertaken with another named architect-engineer.

4351.3 Awards made for architect-engineer services shall be publicized in accordance with Section 4302.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4352 LIABILITY FOR DESIGN ERRORS OR DEFICIENCIES

4352.1 The architect-engineer firm shall be responsible for the professional quality, technical accuracy, and coordination of all services required under its contract. The firm shall be liable to the Library for costs resulting from errors or deficiencies in designs furnished under its contract.

4352.2 When modification of a construction contract is required because of an error or deficiency in the services provided under an architect-engineer contract, the CCO shall determine the extent to which the architect-engineer may be liable.

4352.3 If the CCO determines that the firm is liable, and the recoverable cost will exceed the administrative cost involved or collection is otherwise in the best interests of the Library, the CCO shall initiate procedures to collect the amount due.

4352.4 The CCO shall prepare a written statement of the reasons for the decision whether or not to recover costs from the firm and place in the contract file.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4353 DESIGN WITHIN FUNDING LIMITATION

4353.1 The Library may require the architect-engineer contractor to design the project so that construction will not exceed a contractually specified dollar limit. The amount of the construction funding shall be established during negotiations between the firm and the CCO.

4353.2 In negotiating the funding limitation amount, the CCO shall make available to the firm the information upon which the Library has based its initial construction estimate and subsequently acquired information that may affect the construction costs.

4353.3 If the price of construction proposed in response to a Library solicitation exceeds the construction specified dollar funding limit in the architect-engineer contract, the firm shall be solely responsible for redesigning the project within the funding limitation.

4353.4 Any redesign services required by Section 4354 shall be performed at no increase in price of the architect-engineer (A/E) contract, unless the cost of proposed construction is based on circumstances beyond the A/E firm's reasonable control.

4353.5 If an architect-engineer firm's design fails to meet the contractual limitation on construction cost and the CCO determines that the firm should not redesign the project, the CCO shall place a written statement of the reasons for that determination in the contract file.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4354 REDESIGN RESPONSIBILITY FOR DESIGN ERRORS OR DEFICIENCIES

4354.1 The architect-engineer firm shall make necessary corrections at no cost to the Library if the designs, drawings, specifications, or other items or services furnished by the firm contain any errors, deficiencies, or inadequacies.

4354.2 If the CCO does not require a firm to correct errors, the CCO shall include a written statement of the reasons for that decision in the contract file.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4355 ARCHITECT-ENGINEER PERFORMANCE EVALUATION

4355.1 The CCO shall prepare an architect-engineer performance evaluation report for contracts of more than twenty-five thousand dollars ($25,000) and may prepare a report for contracts less than twenty-five thousand dollars ($25,000).

4355.2 The CCO shall prepare a performance report after final acceptance of the work or after contract termination.

4355.3 If the CCO concludes that a firm's overall performance is unsatisfactory, the CCO shall advise the firm in writing that a report of unsatisfactory performance is being prepared and shall state the basis for the report.

4355.4 If, after receiving the CCO's report, the firm responds with any written comments, the CCO shall include them in the report, and consider them in resolving any alleged factual discrepancies, and make any appropriate changes in the report.

4355.5 The CCO shall review each performance report for accuracy and reasonableness.

4355.6 The CCO shall include the performance evaluation report in the contract file for at least three (3) years after the date of the report.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4356 CONTRACTING FOR SERVICES

4356.1 The Library may obtain services from professional, non-professional, expert and consulting personnel on an individual or organizational basis when essential to the Library's operations or when the services would achieve maximum effectiveness of operations.

4356.2 The contracting officer shall ensure that the applicable provisions of the Service Contract Act of 1965 (41 U.S.C. §§351-358) and any applicable wage determinations are incorporated in accordance with federal regulations into all solicitations for services, to include services required by Section 4305 for simplified procurements.

4356.3 Contracting for services shall not apply to the following:

(a) Personnel appointments and advisory committees;

(b) Personal service contracts;

(c) Construction or architect-engineer services;

(d) Interagency governmental or cooperative agreements where the work is being performed by District, Federal or State employees or employees through cooperative agreements.

(e) Services obtained under contracts below the simplified procurement threshold and services incidental to supply contracts also are excluded from the requirements of this section, except where the Service Contract Act of 1965 (41 U.S.C. §§351-358) and any applicable wage determinations are required.

4356.4 The Library shall ensure good management practices and contract administration techniques are used regardless of the contracting method.

4356.5 The CCO shall ensure the following:

(a) Requirements for services are clearly defined and appropriate performance standards are developed so that the agency's requirements can be understood by potential offerors and that performance in accordance with contract terms and conditions will meet the agency's requirements;

(b) Service contracts are awarded and administered in a manner that will provide the Library its supplies and services within budget and in a timely manner; and

(c) Specific procedures are in place before contracting for services to ensure that inherently governmental functions are performed by District personnel.

4356.6 The CCO shall develop policies and procedures for procuring services for performance-based contracting within 12 months from the date these rules are finalized.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4357 BONDS, INSURANCE AND OTHER FINANCIAL PROTECTIONS

4357.1 The CCO has the discretion to require any types of security specified in this section for any solicitation or contract including the following:

(a) Bid bonds or proposal bonds;

(b) Performance or payment bonds for construction;

(c) Performance or payment bonds or other security for non-construction contracts;

4357.2 The CCO shall consider the following factors in non-construction contracts:

(a) Whether Library property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (such as retention of salvaged material);

(b) When a contractor sells assets to or merges with another business entity, whether the Library (after recognizing the other entity as the successor in interest) needs assurance that it is financially capable;

(c) Whether substantial progress payments are to be made before delivery of end items starts;

(d) Whether the contract is for dismantling, demolition, or removal of improvements; or

(e) Any other factors which might favor the use of security instruments to protect the best interests of the Library.

4357.3 A payment security shall be required only when a performance security is required and the use of the payment security is in the best interests of the Library.

4357.4 When a security is required by the Library, the CCO may accept any of the following types of security:

(a) A bond provided by a surety in accordance with Section 4358;

(b) A certified check or irrevocable letter of credit issued by an insured financial institution in the equivalent amount of the security; or

(c) United States government securities that are assigned to the Library which pledge the full faith and credit of the United States.

4357.5 The CCO shall determine a contractor's responsibility even though security has been or can be obtained.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4358 BID BONDS, PROPOSAL BONDS, AND OTHER SECURITY

4358.1 The CCO may require bid bonds, proposal bonds, and other security in connection with any solicitation, regardless of whether any payment or performance security will be required under the contract.

4358.2 When the Library's independent cost estimate for a construction contract is over one hundred thousand dollars ($100,000), the CCO shall require a Security Bond in the Invitation for Bids.

4358.3 The CCO may require a Security Bond when the Library's independent cost estimate for a construction project is less than one hundred thousand dollars ($100,000).

4358.4 When a Security Bond is required, the solicitation shall contain the following:

(a) A statement that a Security Bond is required;

(b) A statement that the Security Bond shall be effective for as long as the bid is required to remain effective;

(c) Instructions to allow bidders to determine the amount of the required Security Bond.

4358.5 If a solicitation is cancelled, or if a bidder is permitted to withdraw a bid prior to award due to a mistake in the bid, the CCO shall take no action against the Security Bond.

4358.6 Security bonds shall be required in circumstances when only one bid or proposal is received, or when sole source procedures are utilized.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4359 NONCOMPLIANCE WITH BID OR PROPOSAL SECURITY REQUIREMENTS

4359.1 If a bid or proposal fails to comply with the Security Bond requirements outlined in the solicitation, the CCO shall reject the bid or proposal. However, the CCO may accept the bid or proposal if the CCO determines in writing that both of the following apply:

(a) The bid or proposal meets the criteria set forth in this section; and

(b) Acceptance of he bid or proposal would be in the best interests of the Library.

4359.2 If the amount of the Security Bond submitted by bidders or offerors, although less than that required by the solicitation for the maximum quantity or service, is sufficient for a quantity or service for which the bidder or offeror is otherwise eligible for award, the bid or proposal may be accepted. Any award to the bidder or offeror shall not exceed the quantity covered by the Security Bond.

4359.3 If the Security Bond becomes inadequate as a result of the correction of a mistake, the bid or proposal may be accepted if the bidder or offeror agrees to increase the Security Bond to the level required for the corrected bid or proposal.

4359.4 If the Security Bond is received late, and the receipt is waived in accordance with Subsection 4359.1 of this Section, the bid or proposal may be accepted.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4360 PERFORMANCE AND PAYMENT SECURITY

4360.1 The CCO shall require a contractor to furnish performance and payment bonds or other security on any construction contract when the Library's independent cost estimate exceeds one hundred thousand dollars ($100,000). Performance or payment bonds (or other securities) shall be submitted by the deadline stated in the solicitation.

4360.2 The CCO may require a contractor to furnish a payment or performance bond or other security for any construction or non-construction contract, regardless of amount, when the CCO determines that the security is necessary to protect the Library's interests.

4360.3 The amount of the performance security shall be one hundred percent (100%) of the original contract price, unless the CCO determines that a lesser amount or percentage would be adequate to protect the Library. The bidder or offeror shall furnish the security to the CCO as prescribed by this section.

4360.4 The CCO shall require additional performance security when a contract price is increased. The increase in performance security shall equal one hundred percent (100%) of the increase in the contract price, unless the CCO determines that a lesser amount or percentage is adequate to protect the Library's interests.

4360.5 When a contract is modified pursuant to the changes clause, the CCO may require additional performance security or payment security from the contractor in an amount determined reasonable by the CCO. If no performance or payment security was required, the CCO may require performance or payment security in an amount the CCO determines reasonable.

4360.6 The payment security shall be in an amount of not less than fifty percent (50%) of the total amount of the contract price.

4360.7 When a contract price is increased, the Library may require additional payment security in an amount adequate to protect suppliers of labor material. However, in no event shall the amount of payment security fall below fifty percent (50%) of the increased contract price.

4360.8 When performance or payment security is required, the solicitation shall contain the following:

(a) A statement that security is required;

(b) The amount of the security expressed as a fixed amount or percentage of the contract price; and

(c) The deadline for submitting the required security.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4361 INSURANCE

4361.1 The CCO shall require each contractor to obtain insurance for the risks to which the contractor and the Library are exposed, except when the contract specifically relieves the contractor of liability for loss of damage to Library property.

4361.2 The CCO shall have the right to disapprove the purchase of any insurance coverage not in the best interests of the Library.

4361.3 The CCO shall require insurance coverage from each contractor when the contractor shall have possession of or control of Library property or when conditions of the contract make it necessary for the protection of the Library.

4361.4 When the CCO requires a contractor to provide insurance coverage, the policies shall contain an endorsement that any cancellation or material change in the coverage or terms and conditions of the coverage shall not be effective unless the insurer or the contractor gives 30 days prior written notice of the cancellation or change to the Library in the manner required by the CCO.

4361.5 When the CCO requires or approves insurance to cover loss of or damage to Library property, the contractor shall provide this coverage either by acquiring separate insurance policies or including the existing policies coverage for these specific risks. The policies shall specifically include the Library and the District of Columbia government as additional insurers.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4362 OPTIONS

4362.1 The CCO may include options in solicitations and contracts when it is in the Library's interests.

4362.2 The CCO shall not utilize options in solicitations and contracts if the following exists:

(a) The contractor will incur undue risks;

(b) Market prices for the supplies or services involved are likely to change substantially; or

(c) The option represents known firm requirements for which funds are available unless competition for the option is impracticable once the initial contract is awarded.

4362.3 The CCO shall include option provisions and clauses in solicitations when resulting contracts will provide for the exercise of options

4362.4 The CCO shall state the basis of evaluation in solicitations, either exclusive or inclusive of options.

4362.5 The CCO shall ensure that the contracts with options specify the following:

Limits on the purchase of additional supplies or services, or the overall duration of the term of the contract, including any extension; and

The period within which the option may be exercised. The period shall be set so as to provide the contractor with adequate lead time to ensure continuous production.

4362.6 Library contracts for the basic and option periods shall not exceed five (5) years in the case of services, and the total of the basic and option quantities shall not exceed the requirement for five (5) years in the case of supplies. However, statutes applicable to various contracts (such as the Service Contract Act, 41 U.S.C., (1965)), may place additional restrictions on the length of such contracts.

4362.7 The CCO shall express options for increased quantities of supplies or services in terms of the following:

Percentage of specific line items; or

Increase in specific line items.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008); as amended by Notice of Final Rulemaking published at 59 DCR 2712, 2713 (April 6, 2012).

19 DCMR § 4363 RESERVED

19 DCMR § 4364 SUBCONTRACTING

4364.1 The CCO may require his or her consent for the contractor to subcontract when the CCO determines that it would be in the best interest of the Library.

4364.2 The requirement for consent to subcontract shall also apply to teaming arrangements and joint ventures.

4364.3 The CCO shall require consent to subcontract in those instances where approval of subcontracts is required by this chapter or this section.

4364.4 When a solicitation contains a requirement for consent to subcontract, before a contractor can enter into a subcontract, the contractor must submit to the CCO a written request for consent to subcontract and the CCO must grant consent in writing.

4364.5 The CCO may require, as part of an invitation for bids (IFB) or request for proposals (RFP), that each bidder or offeror responding to a solicitation include in its response a list of proposed subcontractors, teaming arrangements or joint ventures, a list of tasks or items which the bidder or offeror intends to subcontract, team or joint venture with.

4364.6 In determining whether to require consent to subcontract, the CCO shall consider the following:

(a) The complexity of the work to be done under subcontracts, teaming arrangements or joint ventures;

(b) The value of the subcontract, joint venture, teaming arrangement;

(c) Whether the Library's interests can be adequately protected without requiring consent; and

(d) Any other relevant factors.

4364.7 The CCO shall ensure that any requirements for consent to subcontract are included in the solicitation for the prime contract.

4364.8 After receipt of the contractor's request for consent to subcontract, the CCO shall do the following:

(a) Promptly evaluate the contractor's request for consent to subcontract;

(b) Obtain assistance in the evaluation from audit, pricing, technical, or other specialists as necessary;

(c) Notify the contractor in writing of consent to subcontract or the withholding of consent to subcontract, including any changes or corrections required.

4364.9 The CCO's consent to subcontract shall not constitute a determination of the acceptability of the subcontract terms, price or other allowability of costs unless the consent to subcontract specifies acceptance.

4364.10 The CCO shall not consent to subcontract in any of the following circumstances:

(a) When the fee in a cost-reimbursement subcontract exceeds any applicable fee limitations;

(b) When payment under the subcontract is on a cost-plus-a-percentage-of-cost basis;

(c) When the CCO is obligated to deal directly with the subcontractor;

(d) When the results of arbitration, judicial determination, or voluntary settlement between the prime contractor and subcontractor are made binding on the Library; or

(e) When the subcontract violates any statute or the provisions of these regulations.

4364.11 Prospective prime contractors shall be responsible for determining the responsibility of their subcontractors to include teaming arrangements and joint ventures.

4364.12 Determinations of prospective subcontractor responsibility may affect the Library's determination of the prospective prime contractor's responsibility.

4364.13 The CCO may require a prospective prime contractor to provide written evidence of a prospective subcontractor's responsibility.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4365 RESERVED

19 DCMR § 4366 RESERVED

19 DCMR § 4367 USE OF DISCRETIONARY FUNDING

4367.1 Monetary gifts, endowments, charitable donations and bequests made to the Library from individual or corporate sources shall constitute discretionary funding and shall not be subject to the requirements of these regulations.

4367.2 The CCO shall develop written procedures for the Library's discretionary funding program within 12 months from the date these regulations are promulgated.

4367.3 The CCO shall develop a program for the use of discretionary funding that incorporates sound business decisions in the best interests of the Library and shall be responsible for administering the Library's discretionary funding program.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4368 CONTRACTOR RESPONSIBILITY

4368.1 The CCO shall ensure that purchases are made from and contracts awarded to responsible contractors only.

4368.2 To be determined responsible, a contractor must::

(a) Have adequate financial resources to perform the contract or the ability to obtain them;

(b) Be able to comply with the required delivery or performance schedule;

(c) Have a satisfactory performance record;

(d) Have a satisfactory record of integrity and ethics;

(e) Have the necessary organizational experience, accounting, operational controls, technical skills, or the ability to obtain them;

(f) Have the required production, construction and technical equipment and facilities, or the ability to obtain them; and

(g) Be otherwise qualified and eligible to receive a contract award pursuant to applicable laws and regulations.

4368.3 The CCO shall not determine a prospective contractor or subcontractor responsible or non-responsible solely on the basis of a lack of relevant performance history.

4368.4 The CCO's signing of a contract shall constitute a determination that a prospective contractor is responsible with respect to that contract.

4368.5 The CCO shall place a written determination in the contract file when a contractor is determined to be non-responsible.

4368.6 The CCO (or designee) in his or her sole discretion may enter a contractor's or subcontractor's plant or place of business in order to:

(a) Inspect or test supplies or services for acceptance by the Library based on the terms of he contract;

(b) Audit books or records, where the auditing function will be performed by a District or third-party auditor;

(c) Investigate in connection with an action to debar or suspend an offeror or contractor from consideration of contracts; or

(d) Conduct pre-award surveys or post-award compliance reviews of an offeror or contractor.

4368.7 Inspections and tests by the Library shall not relieve the contractor of responsibility for defects or other failures to meet contract requirements discovered before acceptance. Acceptance shall be conclusive, except for latent defects, fraud, gross mistakes amounting to fraud, or as otherwise provided in the contract.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4369 CONTRACT ADMINISTRATION

4369.1 The CCO may delegate contract administration functions to the appropriate program office within the Library.

4369.2 The CCO shall advise the contractor of all delegated contract administration functions by providing the identification and location of the person delegated contract administration responsibilities within each contract.

4369.3 The CCO may delegate the following functions to a contract administration office within the Library:

(a) Determining the allowability, suspension or disapproval of costs;

(b) Approving or disapproving of contractor invoices;

(c) Reviewing and approving or disapproving the contractor's requests for payments under progress payments or performance-based payment structures;

(d) Allowing or disapproving Library property administration;

(e) Monitoring contractor performance to ensure the submission of deliverables; and

(f) Preparing evaluations of contractor performance.

4369.4 The CCO may issue a stop-work order at any time to suspend work pending a decision by the Procurement Executive of the Library.

4369.5 The decision to issue a stop-work order shall be approved by a level higher than the CCO and shall not be used in place of a termination notice after a decision to terminate has been made.

4369.6 Stop-work orders shall include the following:

(a) A description of the work to be suspended:

(b) Guidance to the contractor on any action taken to be taken on any subcontracts; and

(c) Any other suggestions to the contractor to minimize costs.

4369.7 As soon as feasible after a stop-work order is issued, but before its expiration, the CCO shall take appropriate action to do one of the following:

(a) Terminate the contract;

(b) Cancel the stop-work order; or

(c) Extend the period of the stop-work order, if necessary.

4369.8 The CCO shall settle contract claims resulting in interruptions or delay of work caused by acts or failures of the Library.

4369.9 The CCO shall include clauses in solicitations and contracts for Suspension of Work, Stop-Work Orders and Library Delay of Work.

4369.10 At reasonable times and places, the Library or its designated agent may audit the books and records of any contractor, subcontractor, prospective contractor, or prospective subcontractor which is related to any contract with the Library when the Library has reason to believe one of the following circumstances may exist:

(a) A question as to the adequacy of accounting policies or cost systems;

(b) A substantial change in the methods or levels of operation;

(c) Previous unfavorable experience indicating doubtful reliability of estimating, accounting or procurement methods;

(d) A lack of cost experience due to the procurement of a new supply or service; or

(e) Other evidence that an audit is in the Library's best interests as determined by the CCO.

4369.11 Books or records shall be maintained by a contractor or subcontractor for a period of three (3) years from the date of final payment.

4369.12 When the CCO requires an audit of a Library contractor, the Library may procure the services of an independent certified public accountant (CPA) firm to perform the audit or audit review. The audit or audit review shall be conducted in accordance with generally accepted accounting principles, and shall include any tests necessary to render a CPA firm's opinion on the fairness of the contractor's financial presentation.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4370 NOVATION AND CHANGE-OF-NAME AGREEMENTS

4370.1 If a contractor wants the Library to recognize and approve a successor in interest to its contracts or a name change, the contractor shall submit a written request to the CCO, and the CCO shall:

(a) Advise the contractor of the information necessary to evaluate the proposed agreement provided by the Library for recognizing the successor in interest or the name change.

(b) Ensure that the proposed contractor is responsible in accordance with Section 4368.

(c) Consult with legal counsel in determining the legal sufficiency of the information submitted by the contractor before approving the successor in interest or name change.

4370.2 Before a novation or change-of name agreement is approved, the CCO shall ensure that the Library legal counsel has approved them for legal sufficiency.

4370.3 After legal sufficiency approval, the CCO shall:

(a) Forward a signed copy of the executed novation agreement to the transferor and the transferee; and

(b) Retain a copy in the contract file.

(c) Prepare a contract modification to all applicable contracts and incorporate a copy of the novation agreement.

(d) Distribute a copy of the modification to the transferor and the transferee.

4370.4 The Library may, when it is in it's interest, recognize a third party as a successor in interest to a Library contract when the third party's interest results from the transfer of:

(a) All or the contractor's assets; or

(b) The entire portion of the assets involved in performing the contract.

4370.5 A novation agreement is not necessary when there is a change in the ownership of a contractor based on the purchase of stock, with no legal change in the contracting party, and when the contracting party remains in control of the assets and is the party performing the contract.

4370.6 The CCO shall address and consider all issues related to the change in ownership before approving a novation agreement

4370.7 When it is not in the Library's interest to concur in the transfer of a contract from one company to another company, the original contractor shall remain under contractual obligation to the Library, and the contractor may be terminated for default if the original contractor fails to perform.

4370.8 The CCO shall identify and evaluate any organizational conflicts of interest before recognizing and approving a successor in interest to a Library contract.

4370.9 The contractor shall submit any documentation required by the CCO and in a manner determined by the CCO to support the proposed novation agreement to include:

(a) The purchase/sale agreement between the transferor and transferee;

(b) A list of all affected contracts between the transferor and the Library as of the date of the sale or transfer of assets;

(c) Detailed evidence of the transferee's ability to perform; and

(d) Any other relevant information required to protect the Library's interest.

4370.10 The CCO shall provide procedures and a format in the Library Procurement Manual governing novation and change-of-name agreements.

4370.11 When recognizing a successor in interest to a Library contract, the CCO shall execute a novation agreement with the transferor and transferee which shall include a statement that:

(a) The transferee assumes all the transferor's obligations under the contract;

(b) The transferor waives all rights under the contract against the Library;

(c) The transferor guarantees the transferee's performance (a performance bond may be accepted in lieu of a guarantee); and

(d) Nothing in the agreement shall relieve the transferee from compliance with Federal or District law.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4371 RESERVED

19 DCMR § 4372 CONTRACT TERMINATION

4372.1 The CCO shall terminate contracts for default or convenience only by written notice to the contractor. The CCO shall have the discretion to determine the manner in which the written termination notice is sent to the contractor.

4372.2 The CCO may terminate contracts for default or convenience in whole or in part.

4372.3 The termination notice shall state:

(a) The contract is being terminated for default or for convenience of the Library under the Library's termination clause;

(b) The effective date of the termination;

(c) The extent of the termination; and

(d) Any special instructions to the contractor.

4372.4 The CCO shall have the discretion to amend or cancel a termination when it is in the best interest of the Library.

4372.5 The CCO shall develop clauses for contractor default and Library convenience terminations to be included in all Library solicitations and contracts.

4372.6 The CCO shall develop termination procedures for fixed-price and cost-reimbursement type contracts within 12 months from the date these regulations are promulgated.

4372.7 The CCO shall negotiate and enter into settlement agreements for contracts terminated for convenience.

4372.8 After receipt of the convenience termination notice, the contractor shall:

(a) Stop work immediately on the terminated portion of the contract;

(b) Terminate all subcontracts related to the terminated portion of the contract;

(c) If partial termination, perform the portion of the contract not terminated and promptly submit any request for equitable adjustment of price for the continued portion, supported by any evidence to justify the increase in price, if applicable.

(d) Settle outstanding liabilities resulting from the termination of subcontracts or other commitment related to the terminated portion of the contract; and

(e) Promptly submit the contractor's own settlement proposal with supporting documentation to the CCO.

4372.9 The CCO shall include all termination notices and actions taken as a result of a termination in the contract file.

4372.10 A subcontractor has no priority of contract or contractual rights against the Library upon the termination of a prime contract.

4372.11 When a prime contract is terminated, the prime contractor and each subcontractor are responsible for the prompt settlement of their settlement proposals.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4373 RESERVED

19 DCMR § 4374 CONTRACT MODIFICATIONS

4374.1 Only the CCO or other Library contracting officer acting within the scope of their authority shall have the authority to modify Library contracts.

4374.2 The CCO or other Library contracting officer shall have the authority to issue only two types of modifications:

(a) Bilateral; or

(b) Unilateral.

4374.3 A bilateral modification (also called a supplemental agreement) requires the signature of the contractor and the contracting officer and is used to:

(a) Make negotiated equitable adjustments resulting from a change order;

(b) Definitize letter contracts; and

(c) Incorporate other agreements of the parties modifying the terms and conditions of the contract.

4374.4 A unilateral modification requires only the signature of the contracting officer and is used to:

(a) Make administrative changes;

(b) Issue change orders;

(c) Make changes other than changes authorized by the changes clause; and

(d) Issue termination notices.

4374.5 The CCO shall not execute a contract modification that causes or will cause an increase in contract funds without first ensuring that funds are obligated and certified unless:

(a) The modification is subject to the availability of funds;

(b) The limitation of funds or limitation of cost clause is applicable.

4374.6 The CCO shall develop clauses for changes, limitation of funds and limitation of costs to be included in all solicitations and contracts when applicable.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4375 CONTRACTS REVIEW COMMITTEE

4375.1 The Contracts Review Committee shall consider protests, disputes, appeals, debarment and suspension decisions made by the CCO.

4375.2 The President of the Board of Library Trustees shall appoint the Chairperson of the Committee. Decisions shall be made by a simple majority vote.

4375.3 The Contracts Review Committee shall consist of five (5) voting members: The Chairperson appointed by the President of the Board of Library Trustees, three (3) Board members appointed by the President, and the Executive Director/Chief Librarian of the Library.

4375.4 The Contracts Review Committee shall review and approve all Library contracts totaling one million dollars ($1,000,000) or more prior to submission to the District of Columbia City Council for approval.

4375.5 The CCO shall prepare and submit to the Board of Library Trustees a quarterly report of all contract awards issued that quarter in excess of five hundred thousand dollars ($500,000). Quarterly reports shall be submitted based on fiscal year quarters.

4375.6 The report shall be submitted to the Board of Library Trustees on the fifth day of the month following the end of each quarter.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4376 DEBARMENT, SUSPENSION AND INELIGIBILITY PROCEDURES

4376.1 Debarment and suspension shall be imposed on Library contractors only when it is in the best interest of the Library and not for punitive purposes and only for the causes set forth in this Section.

4376.2 The Chief Contracting Officer (CCO) shall perform the excluded parties listing search related to Federal, District and/or open-market vendor/contractors for all acquisitions of $25,000.00 or more. Results from this search will be included in acquisition (purchase orders) and contract folders. The CCO shall not utilize any listing declared ineligible under federal laws and regulations applicable to the District of Columbia in making contract award decisions.

4376.3 The CCO shall develop and maintain a current, comprehensive list of all contractors that have been debarred, suspended or declared ineligible.

4376.4 The CCO shall utilize the federal government consolidated list of debarred, suspended or otherwise ineligible contractors until the Library's list is developed within 12 months from the date these rules are promulgated.

4376.5 The consolidated list shall include the following:

(a) The names and addresses of all debarred, suspended, or ineligible contractors with cross references when more than one (1) name is involved in a single action;

(b) The cause for each action, along with statutory or regulatory authority;

(c) The scope of the action;

(d) In the case of ineligible contractors, the name of the federal agency or other authority responsible for the action, and the name and telephone number of the point of contact for the action; and

(e) The termination date of each listing.

4376.6 The CCO shall not solicit offers from, award contracts to, or consent to subcontract with a debarred or suspended contractor.

4376.7 A contractor designated as ineligible shall be excluded from receiving contracts and subcontracts under the conditions and for the period set forth in the applicable statute or regulation.

4376.8 The CCO may continue contracts or subcontracts in existence at the time a contractor is debarred, suspended or determined ineligible, unless the CCO determines in writing that the existing contracts or subcontracts should be terminated to protect the best interests of the Library for any of the reasons set forth in these regulations.

4376.9 The CCO shall not exercise an option to renew or otherwise extend a current contract with a debarred, suspended or otherwise ineligible contractor, unless the CCO approves the action in writing.

4376.10 In any subcontract requiring Library consent, the CCO shall not consent to the award of a subcontract to any debarred, suspended or otherwise ineligible contractor unless the CCO approves the award, in writing, based on compelling reasons in the best interest of the Library.

4376.11 The CCO may debar a contractor for any of the following reasons:

(a) Conviction of, or civil judgment for, commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract or subcontract;

(b) Conviction of, or civil judgment for, violation of any federal, state or District of Columbia statute relating to the submission of offers (bids, proposals or quotations);

(c) Conviction of, or civil judgment for, commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(d) Conviction of, or civil judgment for, commission of any other offense indicating a lack of business integrity or business honesty that seriously and directly affects the present responsibility of the contractor or subcontractor;

(e) Violation of the terms of a Library contract or subcontract so serious as to justify debarment, such as willful failure to perform any Library contract; a history of failure to perform, or a record of unsatisfactory past performance on any Library, District or federal contract; or

(f) Any other cause of a serious or compelling nature that affects the present responsibility of the contractor or subcontractor.

4376.12 Debarment shall include debarment of all divisions or other organizational elements of the contractor.

4376.13 The CCO may extend the debarment decision to include any affiliates of the contractor by specifically naming the affiliate and giving the affiliate written notice of the proposed debarment and an opportunity to respond in accordance with the provisions of this section.

4376.14 Debarment shall be for a period not to exceed three (3) years based on the seriousness of the cause(s) of debarment. The debarment period begins on the date the contractor receives the notice of proposed debarment.

4376.15 If suspension precedes debarment, the suspension period shall be considered in determining the debarment period.

4376.16 If the CCO decides to impose a debarment, the contractor and any applicable affiliates shall be given prompt notice of the debarment by written notice in a manner determined appropriate by the CCO. The notice shall include the following:

(a) A reference to the notice of proposed debarment;

(b) The reasons for the proposed debarment;

(c) The effective date and length or period of the proposed debarment;

(d) A statement that the proposed debarment is effective throughout the Library's contracting system; and

(e) Notice to the proposed debarred contractor that its rights to administrative review as provided in §§ 4376.17 through 4376.22 of this section.

4376.17 Any contractor intending to appeal the CCO's proposed debarment or suspension shall appeal to the Contracts Review Committee within 10 calendar days of receipt of the CCO's decision to debar or suspend the contractor.

4376.18 The CCO shall submit a report outlining the proposed debarment or suspension action for the review of the Contracts Review Committee. The Contracts Review Committee may hold an informal hearing within ten (10) calendar days of receipt of the contractor's appeal and request for a hearing, unless such time period is extended by the Committee.

4376.19 The Contracts Review Committee shall issue a final decision within forty-five (45) calendar days after receiving the contractor's appeal. The Contracts Review Committee may issue a decision without a hearing.

4376.20 Each contractor intending to file an appeal of the Contracts Review Committee's decision shall file an appeal with the District of Columbia Contract Appeals Board (CAB). In order for the CAB to consider the appeal, the contractor shall file the appeal within ten (10) calendar days after the contractor receives a written decision from the Contracts Review Committee.

4376.21 The contractor shall exhaust all administrative review procedures provided in this section fully and properly before appealing to the CAB.

4376.22 The CAB shall have exclusive jurisdiction to hear and decide appeals from written decisions of the Contract Review Committee.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008); as amended by Final Rulemaking published at 60 DCR 13177 (September 20, 2013).

19 DCMR § 4377 RESERVED

19 DCMR § 4378 PROTESTS

4378.1 All protests by interested parties shall be filed in writing and submitted to the CCO. For protest purposes, an "interested party" means an actual or prospective bidder or offeror whose direct economic interest would be affected by the award of a contract or by the failure to award a contract.

4378.2 A protestor shall file the protest within seven (7) working days after the protestor knew or should have known, whichever is earlier, of the facts and circumstances upon which the protest is based.

4378.3 The Library shall not consider protests filed after seven (7) working days. The CCO shall issue a written decision on the protest within ten (10) working days after receipt of the protest.

4378.4 Each protest filed with the CCO shall identify the solicitation or contract number and shall include the name, address and phone number of the protestor.

4378.5 The protest shall provide a concise discussion of the grounds of the protest and a specific request for a ruling from the CCO. The protest shall include an original signed by the protestor or its representative.

4378.6 The protestor or representative shall serve the protest on the Library by obtaining written and dated receipt from the Executive Director/Chief Librarian or designee.

4378.7 The Executive Director/Chief Librarian may request additional information in support of the protest.

4378.8 When a protest is timely filed with the Library prior to an award, the Executive Director/Chief Librarian shall withhold the award of the contract, pending a decision by the Library's Contracts Review Committee, unless the President of the Library Board of Trustees overrides the automatic stay.

4378.9 The Executive Director/Chief Librarian shall notify bidders/offerors when the Executive Director/Chief Librarian withholds the award pending disposition of the protest.

4378.10 If applicable, the Executive Director/Chief Librarian may request bidders or offerors, before expiration of the time for acceptance of their bid or offer, to extend the time for acceptance to avoid the need for a resolicitation.

4378.11 The protestor may appeal the written decision of the Executive Director/Chief Librarian within ten (10) working days after receipt of the written decision to the Contracts Review Committee.

4378.12 The Contracts Review Committee shall issue a written decision within thirty (30) calendar days after receipt of the appeal. Any failure by the Contracts Review Committee to issue a written decision within the thirty (30) calendar days shall constitute a denial of the protest and shall authorize the contractor to appeal the protest to the Contract Appeals Board.

4378.13 Upon written request of the protestor, an informal hearing may be held at the sole discretion of the Contracts Review Committee.

4378.14 Each protestor intending to appeal the Contracts Review Committee's decision shall file an appeal to the District of Columbia Contract Appeals Board (CAB). In order for the CAB to consider the appeal, the protestor shall file the appeal within ten (10) working days after the protestor receives a written decision from the Contracts Review Committee.

4378.15 The CAB shall have exclusive jurisdiction to hear and decide protests and appeals from written decisions of the Contracts Review Committee.

4378.16 The contractor shall exhaust all administrative review procedures provided in this Section fully and properly before appealing to the CAB.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4379 RESERVED

19 DCMR § 4380 DISPUTES AND CLAIMS

4380.1 The Library shall attempt to resolve all disputes arising under or relating to contracts by mutual agreement informal discussions between the contractor and CCO.

4380.2 The CCO is encouraged to use Alternative Dispute Resolution (ADR) procedures whenever possible, however, certain factors may make the use of ADR inappropriate.

4380.3 Any dispute arising under or relating to a contract which is not resolved by informal discussions shall be resolved in accordance with this Section.

4380.4 The CCO shall include a Disputes clause in each solicitation and contract that provides for resolution of disputes in accordance with the provisions of this Section.

4380.5 A routine request for payment that is not in dispute when submitted is not a claim under these Regulations. A contractor's submission or request may be converted to a claim under this Section by the contractor complying with the submission and certification requirements of this Section if it is disputed or is not acted upon in a reasonable time.

4380.6 A contractor's claim shall be submitted in writing to the CCO for a written decision. The CCO or designee shall hold informal discussions with the contractor in an attempt to resolve contract disputes.

4380.7 A claim by the Library against the contractor shall be subject to a written decision by the CCO.

4380.8 For contractor claims exceeding one hundred thousand dollars ($100,000), the contractor shall submit with the claim a certification that:

(a) The claim is made in good faith;

(b) Supporting data are accurate and complete to the best of the contractor's knowledge and belief;

(c) The amount requested accurately reflects the contract adjustment for which the contractor believes the Library is liable; and

(d) The person signing the certification is authorized to act on behalf of the contractor.

4380.9 The contractor's certification shall be executed by the authorized individual of the contractor.

4380.10 When a claim by or against a contractor cannot be satisfied or settled by mutual agreement and a decision on the claim is necessary, the CCO shall prepare a written decision within forty-five (45) calendar days of receipt of the contractor's claim. The CCO's written decision shall do the following:

(a) Grant or deny the claim, in whole or in part;

(b) Give reasons for the CCO's written decision;

(c) Inform the contractor of the right to seek further redress by requesting reconsideration from the Contracts Review Committee; and

(d) Specifically state that the written document is the CCO's final decision.

4380.11 A failure of the CCO to issue a decision within forty-five (45) calendar day period shall be deemed a decision by the CCO denying the claim and authorizes the contractor to file an appeal with the Contracts Review Committee.

4380.12 If applicable, the contractor may file an appeal from the CCO's final decision with the Contracts Review Committee, within ten (10) calendar days from receipt of the CCO's written decision.

4380.13 The Contracts Review Committee may conduct an informal hearing and issue a decision for claims of one hundred thousand dollars ($100,000) or less within thirty (30) calendar days of receipt of the contractor's appeal.

4380.14 For claims over one hundred thousand dollars ($100,000), the Contracts Review Committee may conduct an informal hearing and issue a written decision within forty-five (45) calendar days after receiving the contractor's appeal.

4380.15 If a decision will not be issued by the Contracts Review Committed within forty-five (45) calendar days, the CCO shall notify the contractor as to when a decision will be issued.

4380.16 The Contracts Review Committee's decision shall advise the contractor of the right to appeal its decision to the District of Columbia Contract Appeals Board.

4380.17 The CAB shall have exclusive jurisdiction to hear and decide appeals from final decisions of the Contracts Review Committee.

4380.18 The contractor shall exhaust all administrative review procedures provided in this Section fully and properly before appealing to the CAB.

4380.19 The Library shall be responsible for payment of interest on claims decided in the contractor's favor. Interest shall accrue from the date the CCO receives the claim until payment is made. Interest shall accrue at the rate established by the District of Columbia Council pursuant to the D.C. Official Code #23-3302, as amended.

4380.20 If the contractor is unable to support any part of claim and there is evidence of fraud or misrepresentation on the part of the contractor, the CCO shall refer the matter to the District of Columbia Inspector General.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4381 ALTERNATIVE DISPUTE RESOLUTION

4381.1 The CCO may use Alternative Dispute Resolution (ADR) procedures to increase the opportunity for inexpensive and expeditious resolution of issues that are in dispute.

4381.2 The elements of ADR shall include:

(a) Existence of an issue in dispute;

(b) Both parties agree to participate in the ADR process;

(c) Both parties agree to use alternative dispute procedures; and

(d) Participation of high-level officials from both parties who have the authority to involve the issue in controversy.

4381.3 ADR procedures may be used at any time that the CCO has the authority to resolve the issue in dispute.

4381.4 If a claim has been submitted, ADR procedures may be applied to all or a portion of the claim.

4381.5 An agreement to use ADR shall be in writing and shall specify a maximum award that may be used by the arbitrator.

4381.6 The CCO shall develop guidelines for the use of ADR procedures to resolve the dispute prior to utilizing this process. The CCO shall further develop clauses to be inserted in solicitations and contracts when ADR procedures will be utilized.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4382 RESERVED

19 DCMR § 4383 STANDARD CLAUSES, PROVISIONS AND PROCUREMENT MANUAL

4383.1 The CCO shall develop standard provisions and clauses for all Library solicitations and contracts as required by these Regulations. These standard provisions and clauses define the responsibilities and rights of the parties. The CCO shall develop a procurement manual that provides the details and instructions for implementing these Regulations within 120 after promulgation of these Regulations.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).

19 DCMR § 4384 RESERVED

19 DCMR § 4385 ADVANCE PAYMENTS FOR BOOKS FROM BIRTH PROGRAM

4385.1 The DCPL Chief Procurement Officer (“CPO”) may authorize advance payments to a responsible contractor who is a provider for the Books from Birth program upon the determination that such advance payments are appropriate and necessary to achieve the goals of the Books from Birth program.

4385.2 The CPO shall not authorize the use of advance payments unless the following criteria are met:

(a) The contractor has a need for contract financing in order to fulfill the contract;

(b) The contractor is unable to obtain private financing or private financing is insufficient;

(c) Use of progress payments would be insufficient to meet the contractor's financing needs; and

(d) The use of advance payments would be in the best interests of the District;

4385.3 Before authorizing any advance payments allowed under this section, the DCPL CPO complete a written determination and findings which sets forth the contracting officer's findings on each of the criteria set forth in § 4385.2.

4385.4 If a contractor requesting advance payments is also receiving advance payments under another District contract, the DCPL CPO shall include this information in the determination and findings, and shall consider the additional financial risk to the District when making his or her recommendation.

4385.5 If the request for advance payments is approved, the DCPL CPO shall ensure that the advance payments do not exceed three (3) months of payments within the annual contract.

4385.6 The contractor shall submit an invoice for the proposed amount of the advance based on estimated costs before the advance is issued. Once the advance has been issued, the contractor shall submit invoices of the actual cost incurred on a monthly basis or as determined by the DCPL CPO.

4385.7 When advance payments are made under a contract, the contract administrator shall closely monitor the performance of the contractor and the contractor's financial condition. A contractor receiving advance payments shall be subject to audit at any time, as determined by the DCPL CPO or contract administrator.

4385.8 The DCPL CPO may suspend or terminate advance payments if the contractor fails to account adequately for the use of advance funds or fails to use the funds to meet obligations related to the contract, including but not limited to the following:

(a) Failure to pay wages due to contract personnel;

(b) Failure to escrow withholding and payroll taxes and make required periodic tax deposits; or

(c) Any other failure to meet any other financial obligation under the contract for which advance payments are intended.

4385.9 At the end of each fiscal year, the contractor shall refund DCPL any monies owed as a result of advance payments issued to the contractor.

4385.10 The DCPL CPO shall charge interest on the daily balance of the advance payments due to be refunded to DCPL at the rate of interest the District allows in judgments and decrees as set forth in the D.C. Official Code §28-3302(c) (1981 ed.), unless the balance is repaid within thirty (30) days of the end of the fiscal year.

4385.11 The DCPL CPO shall not allow interest charges for advance payments as reimbursable costs under cost-reimbursement contracts, whether the interest charge was incurred by the prime contractor or a subcontractor.

History

• SOURCE: Final Rulemaking published at 64 DCR 1378 (February 10, 2017). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 4385

19 DCMR § 4386 APPLICATION FOR ADVANCE PAYMENTS

4386.1 An eligible contractor may apply for advance payments before or after the award of a contract.

4386.2 The contractor or prospective contractor shall submit an advance payment request to the DCPL CPO in writing, which provides the following information:

(a) A reference to the contract, if the request concerns an existing contract, or a reference to the solicitation, if the request concerns a proposed contract;

(b) A cash flow forecast showing estimated disbursements and receipts for the period of contract performance;

(c) The proposed total amount of advance payments;

(d) A description of the contractor's efforts to obtain private financing;

(e) Whether the contractor is receiving or has applied to receive advance payments under any other current District contracts or solicitations; and

(f) Other information appropriate to an understanding of the following:

The contractor's financial condition and need;

The contractor's ability to perform the contract without loss to the District; and

Financial safeguards that will be used to protect the District's interests.

History

• SOURCE: Final Rulemaking published at 64 DCR 1378 (February 10, 2017). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 4386

19 DCMR § 4387 INTEREST ON ADVANCE PAYMENTS

4387.1 The DCPL CPO shall charge interest on the daily balance of all advance payments at the rate of interest in the District allowed in judgments and decrees as set forth in the D.C. Official Code § 28-3302(c) (1981 ed.).

4387.2 The interest rate for advance payments shall be adjusted for changes in the prime rate or any change in rate established under D.C. Official Code §28-3302(c) (1981 ed.).

4387.3 Interest shall be computed at the end of each month on the daily balance of advance payments at the applicable daily interest rate, unless the balance is repaid within thirty (30) days.

4387.4 The DCPL CPO shall not allow interest charges for advance payments as reimbursable costs under cost-reimbursement contracts, whether the interest charge was incurred by the prime contractor or a subcontractor.

History

• SOURCE: Final Rulemaking published at 64 DCR 1378 (February 10, 2017). District of Columbia Municipal Regulations Amusements, Parks, and Recreation 19 DCMR § 4387

19 DCMR § 4399 DEFINITIONS

When used in this Chapter, the following words and terms shall have the meanings ascribed:

Best and Final Offer (BAFO) - An offeror's final proposal revision containing its best technical and price/cost offer as revised following negotiation of the offeror's original proposal.

Bidder - A firm or individual who submits a bid in response to an Invitation for Bids or a Request for Quotations.

Bond - A written instrument executed by a bidder or contractor and a second party (the "surety" or "sureties"), to assure fulfillment of the principal's obligations to a third party (the obligee or Library), identified in the bond. If the principal's obligations are not met, the bond assures payment, to the extent stipulated, for any loss sustained b the obligee.

Brand Name Description - A description that identifies a product by its brand name and model or part number or other appropriate nomenclature by which the product is offered for sale.

Claim - A written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to a contract. A claim arising under a contract is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant; provided that a written demand or written assertion by the contractor seeking the payment of money exceeding one hundred thousand dollars ($ 100,000) is not a claim under this Chapter until certified as required by Section 4380.8

Commercial Item - Any item, other than real property, that is used by the general public for other than governmental purposes and that has been sold, leased, or licensed to the general public.

Competitive Process - The process of obtaining offers (including bids and quotes) from two or more sources for products or services so that the desired items may be obtained at the lowest overall cost or best value.

Contracting Officer - A person with the authority to enter into, administer and/or terminate contracts. Contracting Officers sign contracts on behalf of the Library and bear the legal responsibility for contracts. Only those personnel with the requisite background and experience are designated as Library Contracting Officers.

Consent to Subcontract - The CCO's written consent for the prime contractor to enter into a specific subcontract.

Construction - The process of altering, repairing or improving an existing or building a new facility.

Contracts Review Committee - A committee appointed by the President of the Board of Library Trustees for the purpose of considering appeals from decisions made by the Executive Director/Chief Librarian regarding claims, debarment and suspensions, protests and disputes. The Committee shall include five (5) voting members: the President, three other Board members, and the Executive Director/Chief Librarian. Decisions shall be made by a majority vote.

Corporate Surety - A corporation licensed under District insurance laws which, under its charter, has legal power to act as surety for others.

Contracting Officer's Technical Representative (COTR) - The person responsible for the technical aspects of a requirement including monitoring contractor performance.

Debarment - Action taken by the CCO to exclude a contractor from Library contracting and approved subcontracting for a specified period of time.

Delivery Order - An order for supplies placed against established contracts which have been awarded by the Library. The price, terms and conditions have been previously agreed upon in a master contract, leaving only the quantity of supplies and the place of delivery to be determined.

Executed - Transactions that are agreed to and signed by both parties.

Full and Open Competition - The competitive process where all responsible sources are permitted to compete for a contract award.

Individual Surety - A person who is liable for the entire penal amount of the bond.

Informal Hearing - A hearing with no formal rules of evidence, which may be performed by written correspondence.

Insurance - A contract that provides that, for a stipulated consideration, the insurer undertakes to indemnify the insured party against risk of loss, damage, or liability resulting from an unknown or contingent event.

Limited Competition - The process when full and open competition has been justifiably waived but a select number of offers are solicited and evaluated. Limited competition pertains to the negotiation procurement process.

Local, Small, Disadvantaged Business Enterprise - A firm or individual certified by the Department of Small and Local Business Development as a local, small or disadvantaged business enterprise.

Market Research - Collecting and analyzing information about capabilities within the market to satisfy Library requirements.

Mentor-Protégé Program - A program designed to encourage approved mentors to provide various forms of assistance to eligible protégé participants for the purpose of enhancing local, small and disadvantaged business enterprises participating in Library procurement opportunities.

Minor Informality or Irregularity - A minor error or irregularity that is merely a matter of form and not of substance. It also pertains to some immaterial defect in an offer that can be corrected or waived without being prejudicial to other offerors.

Notice of Intent to Award - A written notice to the apparent awardee advising of intent to award the contract contingent upon the execution of required bonds and the formal contract, and the obtaining of all necessary approvals.

Offeror - A firm or individual who submits a proposal in response to a Request for Proposals. The terms "bidder" and "offeror" are sometimes used interchangeably in the procurement process.

Payment Bond - A bond that ensures payment as required by law to all persons supplying labor or material in the performance of work required by the contract.

Performance Bond - A bond that secures performance and fulfillment of the contractor's obligations under the contract.

Penal Sum or Penal Amount - The amount of money specified in a security (or a percentage of the bid price in a bid security) as the maximum payment for which the surety is obligated.

Plans and specifications - Drawings, text, and other descriptions of the physical or functional characteristics required for and preliminary to the contract or construction project.

Protest - A claim by an interested party that the solicitation or the award of the contract or the failure to award the contract was or is contrary to law and that the action or inaction by the Library affects the direct economic interests of the interest party.

Purchase Order - An instrument used to contract for supplies and services for simplified procurements up to $ 100,000, except as required by Section 4313.

Request for Proposals (RFPs) - An instrument used in negotiated procurements to communicate the Library's requirements to prospective offerors and to solicit proposals. The term solicitation is used interchangeably with RFP.

Request for Qualifications - An instrument used to solicit qualifications from interested sources with the intent of pre-qualifying those sources to participate in a future solicitation.

Request for Quotations - An instrument used to procure supplies and services within the simplified procurement threshold up to $ 100,000.

Requisition - The document used to formally initiate a request for the procurement of supplies or services for simplified or major acquisitions.

Simplified Procurement - A requirement for supplies or services for $ 100,000 or less.

Sole Source - Supplies or services that are available form only one source. Sole source procurements must be fully documented and justified.

Statement of Work - The section of the contract and solicitation that describes the actual work to be accomplished when Competitive Sealed Proposals are used.

Subcontract - A contract between a prime contract (or a subcontractor) and a subcontractor to furnish supplies or services for performance of a part of a prime contract or another subcontract, including, but not limited to, purchase orders, and changes and modifications to purchase orders. A subcontract also means a joint venture or teaming arrangement.

Subcontractor - A supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime contractor or another subcontractor.

Task Order - An order for services placed against established contracts which have been awarded by the Library or other authorized source of supply. The price, terms and conditions have been previously agreed upon in a master contract, leaving only the quantity of services and the place of performance to be determined.

Technical Evaluation - The process that is used to evaluate technical proposals submitted by offerors in response to a Library solicitation.

Technical Evaluation Panel - A group of individuals who are responsible for evaluating the technical proposals submitted by offerors.

Termination for Convenience - The exercise of the Library's right to partially or wholly terminate contractor performance when it is in the Library's interest.

Termination for Default - Exercise of the Library's right to partially or wholly terminate contractor performance because of contractor's actual or anticipated failure to perform its contractual obligations.

History

• SOURCE: Final Rulemaking published at 55 DCR 493 (January 18, 2008).