DISTRICT OF COLUMBIA ADMINISTRATIVE PROCEDURE ACT, approved October 21, 1968; Public Law 90-614 (82 Stat. 1203; D.C. Code 1-1501 et seq.), As Amended

Contents

TITLE I: ADMINISTRATIVE PROCEDURE

Sec. 101 Other Authority
Sec. 102 Definitions
Sec. 103 Establishment of General Procedures
Sec. 104 Official Publication
Sec. 105 Public Notice and Participation in Rulemaking
Sec. 106 Repealed
Sec. 107 Compilation of Rules
Sec. 108 Declaratory Orders
Sec. 109 Contested Cases
Sec. 110 Judicial Review

TITLE II: FREEDOM OF INFORMATION

Sec. 201 Public Policy
Sec. 202 Right of Access to Public Records; Allowable Costs; Time Limits
Sec. 203 Letters of Denial
Sec. 204 Exemptions
Sec. 205 Recording of Final Votes
Sec. 206 Information Which Must be Made Public
Sec. 207 Administrative Appeals and Enforcement
Sec. 208 Oversight
Sec. 209 Definitions

TITLE III: LEGAL PUBLICATION

Sec. 301 Definitions
Sec. 302 Comprehensive Compilation of District of Columbia Municipal Regulations
Sec. 303 The District of Columbia Register
Sec. 304 Documents to be Filed in the D.C. Office of Documents
Sec. 305 Permanent Supplements to the District of Columbia Municipal Regulations
Sec. 306 Filing Future Documents with the Administrator
Sec. 307 Publication Specifications of the D.C. Municipal Regulations
Sec. 308 Legal Effectiveness of Documents
Sec. 309 Error in Publication in Documents
Sec. 310 Certification
Sec. 311 Presumption Created by Publication
Sec. 312 Criminal Penalties








AN ACT To prescribe administrative procedures for the District of Columbia government.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE: Section 1. This Act may be cited as the ``District of Columbia Administrative Procedure Act".



TITLE I: ADMINISTRATIVE PROCEDURE

OTHER AUTHORITY Sec. 101. This title shall supplement all other provisions of law establishing procedures to be observed by the Mayor and agencies of the District government in the application of laws administered by them, except that this title shall supersede any such law and procedure to the extent of any conflict therewith.



DEFINITION Sec. 102. As used in this title-

(1) (a) the term ``Mayor" means the Mayor of the District of Columbia, or his or her designated agent;

(b) the term ``Council" means the Council of the District of Columbia established by subsection (a) of section 401 of the District of Columbia Self-Government and Governmental Reorganization Act (87 Stat. 785) unless the term ``District of Columbia Council " is used in which event it shall mean the District of Columbia Council established by Subsection (a) of section 201 of Reorganization Plan No. 3 of 1967(81 Stat. 948);

(2) the term ``District" means the District of Columbia;

(3) the term ``agency" includes both subordinate agency and independent agency;

(4) the term ``subordinate agency" means any officer, employee, office, department, division, board, commission, or other agency of the government of the District, other than an independent agency or the Mayor or the Council, required by law or by the Mayor or the Council to administer any law or any rule adopted under the authority of a law;

(5) the term ``independent agency" means any agency of the government of the District with respect to which the Mayor and the Council are not authorized by law, other that this title, to establish administrative procedures, but does not include the several courts of the District and the District of Columbia Tax Court;

(6) the term ``rule" means the whole or any part of any Mayor's or agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the organization, procedure, or practice requirements of the Mayor or of any agency;

(7) the term ``rulemaking" means Mayor's or agency process for the formulation, amendment, or repeal of a rule;

(8) the term ``contested case" means a proceeding before the Mayor or any agency in which the legal rights, duties, or privileges of specific parties are required by any law (other than this title), or by constitutional right, to be determined after a hearing before the Mayor or before an agency, but shall not include (A) any matter subject to a subsequent trial of the law and the facts de novo in any court; (B) the selection or tenure of an officer or employee of the District; (C) proceedings in which decisions rest solely on inspections, tests, or elections; and (D) cases in which the Mayor or an agency act as a agent for a court of the District;

(9) the term ``person" includes individuals, partnerships, corporations, associations and public or private organizations of any character other than the Mayor, the Council, or an agency;

(10) the term ``party" includes the Mayor and any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any proceeding before the Mayor or an agency, but nothing herein shall be construed to prevent the Mayor or an agency from admitting the Mayor or any person or agency as a party for limited purposes;

(11) the term ``order" means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) of the Mayor or of any agency in any matter other than rulemaking, but including licensing;

(12) the term ``license" includes the whole or part of any permit, certificate, approval, registration, charter, membership, statutory exemption, or other form of permission granted by the Mayor or any agency;

(13) the term ``licensing" includes process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license by the Mayor or an agency;

(14) the term ``relief" includes the whole or part of any Mayor's or agency (A) grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; (B) recognition of any claim, right, immunity, privilege, exemption, or exception; and (C) taking of any other action upon the application or petition of, and beneficial to, any person;

(15) the term `` proceeding" means any process of the Mayor or any agency as defined in paragraphs (6), (11), and (12) of this section; and

(16) the term ``sanction" includes the whole or part of any Mayor's or agency (A) prohibition, requirement, limitation, or other condition affecting the freedom of any person; (B) withholding of relief; (C) imposition of any form of penalty or fine; (D) destruction, taking, seizure, or withholding of property; (E) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees; (F) requirement , revocation, or suspension of a license; and (G) taking of other compulsory or restrictive action.

(17) the term ``regulation" means the whole or any part of any District of Columbia Council statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the organization, procedure, or practice requirements of the Mayor, District of Columbia Council, or any agency.

(18) the term ``public record" includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by the Mayor and agencies.

(19) the term ``adjudication" means the agency process, other than rulemaking, for the formulation, issuance, and enforcement of an order.



ESTABLISHMENT OF GENERAL PROCEDURES Sec. 103. (a) The Mayor andd the Council shall, for themselves and for each subordinate agency, establish or require each subordinate agency to establish procedures in accordance with this title.

(b) Each independent agency shall establish procedures in accordance with this title.

(c) The procedures required to be established by subsections (a) and (b) of this section shall include requirements of practice before the Mayor and each agency.





OFFICIAL PUBLICATION

Sec. 104. (a) The Mayor shall cause to be published the official publications known as the District of Columbia Register and the District of Columbia Municipal Regulations pursuant to title II of this act.

(b) All courts within the District shall take judicial notice of rules, regulations, and Council acts and resolutions published or of which notice is given in the District of Columbia Register or the District of Columbia Municipal Regulations pursuant to title III of this act.

(c) Publication in the District of Columbia Register of Council acts and resolutions, regulations adopted, amended, or repealed by the District of Columbia Council and rules adopted, amended, or repealed by the Mayor or by any agency shall not be considered as a substitute for publication in one or more newspapers of general circulation when such publication is required by statute.

(d) [Repealed]

(e) [Repealed]







PUBLIC NOTICE AND PARTICIPATION IN RULEMAKING

Sec. 105. (a) The Mayor and each independent agency shall, prior to the adoption of any rule or the amendment or repeal thereof, publish in the District of Columbia Register (unless all persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law) notice of the intended action so as to afford interested persons opportunity to submit data and views either orally or in writing, as may be specified in such notice. The notice shall also contain a citation to the legal authority under which the rule is being proposed. The publication or service required by this subsection of any notice shall be made not less that thirty days prior to the effective date of the proposed adoption, amendment, or repeal, as the case may be, except as otherwise provided by the Mayor or the agency upon good cause found and published with the notice.

(b) Any interested person may petition the Mayor or an independent agency, requesting the promulgation, amendment, or repeal of any rule. The Mayor and each independent agency shall prescribe by rule the form for such petitions, and the procedure for their submission, consideration, and disposition. Nothing in this title shall make it mandatory that the Mayor or any agency promulgate, amend, or repeal any rule pursuant to a petition therefor submitted in accordance with this section.

(c) Notwithstanding any other provision of this section, if, in any emergency, as determined by the Mayor or an independent agency, the adoption of a rule is necessary for the immediate preservation of the public peace, health, safety, welfare, or morals, the Mayor or such independent agency may adopt such rules as may be necessary in the circumstances, and such rule may become effective immediately. Any such emergency rule shall forthwith be published and filed in the manner prescribed in section 106 of this title. No such rule shall remain in effect longer than one hundred and twenty days after the date of its adoption.



FILING AND PUBLISHING OF RULES Sec. 106. [Repealed]



COMPILATION OF RULES

Sec. 107. (a) As soon as practicable after the effective date of this title, the Mayor shall have compiled, indexed, and published in the District of Columbia Register all regulations adopted by the District of Columbia Council and rules adopted by the Mayor and District of Columbia Council and each agency and in effect at the time of such compilation. Such compilations shall be promptly supplemented or revised as may be necessary to reflect new regulations and rules and changes in regulation and rules.

(b) Compilations shall be made available to the public at a price fixed by the Mayor.

(c) The Mayor must publish the first compilation required by subsection (a) of the section within one year after the effective date of this title and no regulations adopted by the District of Columbia Council nor rule adopted by the Mayor or by any agency before the date of such first publication which has not been filed and published in accordance with this title and which is not set forth in such compilation shall be in effect after one year after the effective date of this title.





DECLARATORY ORDERS

Sec. 108. On petition of any interested person, the Mayor or an agency, within their discretion, may issue a declaratory order with respect to the applicability of any rule, regulation, Council act or resolution, or statute enforceable by them or by it, to terminate a controversy (other than a contested case) or to remove uncertainty. A declaratory order, as provided in this section, shall be binding between the Mayor or the agency, as the case may be, and the petitioner on the state of facts alleged and established, unless such order is altered or set aside by a court. A declaratory order is subject to review in the manner provided in this title for review of orders and decisions in contested cases, except that the refusal of the Mayor or of an agency to issue a declaratory order shall not be subject to review. The Mayor and each agency shall prescribe by rule the form for such petitions and the procedure for their submission, consideration, and disposition.





CONTESTED CASES

Sec. 109. (a) In any contested case, all parties thereto shall be given reasonable notice of the afforded hearing by the Mayor or the agency, as the case may be. The notice shall state the time, place, and issues involved, but if, by reason of the nature of the proceeding, the Mayor or the agency determine that the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable, and opportunity shall be afforded all parties to present evidence and argument with respect thereto. Unless otherwise required by law, other than this title, any contested case may be disposed of by stipulation, agreed settlement, consent order, or a default.

(b) In contested cases, except as may otherwise be provided by law, other than this title, the proponent of a rule or order shall have the burden of proof. Any oral and any documentary evidence may be received, but the Mayor and every agency shall exclude irrelevant, immaterial, and unduly repetitious evidence. Every party shall have the right to present in person or by counsel his case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Where any decision of the Mayor or any agency in a contested case rests on official notice of a material fact not appearing in the evidence in the record, any party to such case shall on timely request be afforded any opportunity to show the contrary.

(c) The Mayor or the agency shall maintain any official record in each contested case, to include testimony and exhibits, but it shall not be necessary to make any transcription unless a copy of such record is timely requested by any party to such case, or transcription is required by law, other than this title. The testimony and exhibits, together with all papers and requests filed in the proceeding, and all material facts not appearing the evidence but with respect to which official notice is taken, shall constitute the exclusive record for order or decision. No sanction shall be imposed or rule or order or decision be issued except upon consideration of such exclusive record, or such lesser portions thereof as may be agreed upon by all the parties to such case. The cost incidental to the preparation of a copy or copies of a record or portion thereof shall be borne equally by all parties requesting the copy or copies.

(d) Whenever in a contested case a majority of those who are to render the final order or decision did not personally hear the evidence, no order or decision adverse to a party to the case (other than the Mayor or an agency) shall be made until a proposed order or decision, including findings of fact and conclusions of law, has been served upon the parties and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to a majority of those who are to render the order or decision, who, in such case, shall personally consider such portions of the exclusive record, as provided in subsection (c) of this section, as may be designated by any party.

(e) Every decision and order adverse to a party to the case, rendered by the Mayor or an agency in a contested case, shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact. Findings of fact and conclusions of law shall be supported by and in accordance with the reliable, probative, and substantial evidence. A copy of the decision and order and accompanying findings and conclusions shall be give by the Mayor or the agency, as the case may be, to each party or to his attorney of record.



JUDICIAL REVIEW Sec. 110. Any person suffering a legal wrong, or adversely affected or aggrieved, by an order or decision of the Mayor or any agency in a contested case, is entitled to a judicial review thereof in accordance with this title upon filing in the District of Columbia Court of Appeals a written petition for review. If the jurisdiction of the Mayor or an agency is challenged at any time in a proceeding and the Mayor or the agency, as the case may be, takes jurisdiction, the person challenging jurisdiction shall be entitled to an immediate judicial review of that action, unless the court shall otherwise hold. The reviewing court may by rule prescribe the forms and contents of the petition and, subject to this title, regulate generally all matters relating to proceedings on such appeals. A petition for review shall be filed in such court within such time as such court may by rule prescribe and a copy of such petition shall forthwith be served by mail by the clerk of the court upon the Mayor or upon the agency, as the case may be. Within such time as may be fixed by rule of the court the Mayor or such agency shall certify and file in the court the exclusive record for decision and any supplementary proceedings, and the clerk of the court shall immediately notify the petitioner of the filing thereof. Upon the filing of a petition for review, the court shall have jurisdiction of the proceeding, and shall have power to affirm, modify, or set aside the order or decision complained of, in whole or in part, and, if need be, to remand the case for further proceedings, as justice may require. Filing of a petition for review shall not in itself stay enforcement of the order or decision of the Mayor or the agency, as the case may be. The Mayor or the agency may grant, or the reviewing court may order, a stay upon appropriate terms. The court shall hear and determine all appeals upon the exclusive record for decision before the Mayor or the agency. The review of all administrative orders and decisions by the court shall be limited to such issues of law or fact as are subject to review on appeal under applicable statutory law, other than this title. In all other cases the review by the court of administrative orders and decisions shall be in accordance with the rules of law which define the scope and limitations of review of administrative proceedings. Such rules shall include, but not be limited to, the power of the court -

(1) so far as necessary to decision and where presented, to decide all relevant questions of law, to interpret constitutional and statutory provisions, and to determine the meaning or applicability of the terms of any action;

(2) to compel agency action unlawfully withheld or unreasonably delayed; and

(3) to hold unlawful and set aside any action or findings and conclusions found to be (A) arbitrary, capricious, and abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, authority, or limitations or short of statutory rights; (D) without observance of procedure required by law, including any applicable procedure provided by this title; or (E) unsupported by substantial evidence in the record of the proceedings before the court.





In reviewing administrative orders and decisions, the court shall review such portions of the exclusive record as may be designated by any party. The court may invoke the rule of prejudicial error.



Sec. 111. This title shall become effective one year after the date of its enactment. Approved October 21, 1968.

















TITLE II: FREEDOM OF INFORMATION

PUBLIC POLICY

Sec. 201. Generally the public policy of the District of Columbia is that all persons are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and employees. To that end, provisions of this act shall be construed with the view toward expansion of public access and the minimization of costs and time delays to persons requesting information.







RIGHT OF ACCESS TO PUBLIC RECORDS; ALLOWABLE COSTS; TIME LIMITS

Sec. 202. (a) Any person has a right to inspect, and at his or her discretion, to copy any public record of the Mayor or an agency, except as otherwise expressly provided by section 204 of this title, in accordance with reasonable rules that shall be issued by the Mayor or an agency after notice and comment, concerning the time and place of access.

(b) The Mayor or an agency may establish and collect fees not to exceed the actual cost of searching for or making copies of records, but in no instance shall the total fee for searching exceed 10 dollars for each request. For purposes of this subsection "request" means a single demand for any number of documents made at one time to an individual agency. Documents may be furnished without charge or at a reduced charge where the Mayor or agency determines that waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefitting the general public. Notwithstanding the foregoing, fees shall not be charged for examination and review by the Mayor or an agency to determine if such documents are subject to disclosure.

(c) The Mayor or an agency, upon request reasonably describing any public record, shall within l0 days (except Saturdays, Sundays, and legal public holidays) of the receipt of any such request either make the requested public record accessible or notify the person making such request of its determination not to make the requested public record or any part thereof accessible and the reasons therefor.

(d) In unusual circumstances, the time limit prescribed in subsection (c) of this section may be extended by written notice to the person making such request setting forth the reasons for extension and expected date for determination. Such extension shall not exceed 10 days (except Saturdays, Sundays and legal public holidays). For purposes of this subsection, and only to the extent necessary for processing of the particular request, `unusual circumstances' are limited to:

(1) 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

(2) 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.

(e) Any failure on the part of the Mayor or an agency to comply with a request under subsection (a) of this section within the time provisions of subsections (c) and (d) of this section shall be deemed a denial of the request, and the person making such request shall be deemed to have exhausted his administrative remedies with respect to such request, unless such person chooses to petition the Mayor pursuant to section 207 of this title to review the deemed denial of the request.





LETTERS OF DENIAL

Sec. 203. (a) Denial by the Mayor or an agency of a request for any public record shall contain at least the following:

(1) the specific reasons for the denial, including citations to the particular exemption(s) under section 204 of this title relied on as authority for the denial;

(2) the name(s) of the public official(s) or employees responsible for the decision to deny the request; and

(3) notification to the requester of any administrative or judicial right to appeal under section 207 of this title.

(b) The Mayor and each agency of the District of Columbia shall maintain a file of all letters of denial of requests for public records. This file shall be made available to any person on request for purposes of inspection and/or copying.







EXEMPTIONS

Sec. 204. (a) The following matters may be exempt from disclosure under the provisions of this title:

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

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

(3) Investigatory records compiled for law enforcement purposes, but only to the extent that the production of such records would-

(A) interfere with enforcement proceedings,

(B) deprive a person of a right to a fair trial or an impartial adjudication,

(C) constitute an unwarranted invasion of personal privacy,

(D) 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,

(E) disclose investigative techniques and procedures not generally known outside the government,

(F) endanger the life or physical safety of law enforcement personnel;





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

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

(6) Information specifically exempted from disclosure by statute (other than this section), provided that such statute-

(A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or

(B) establishes particular criteria for a withholding or refers to particular types of matters to be withheld;





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

(8) Information exempted from disclosure by D.C. Code, sec. 28-4505; and

(9) Information disclosed pursuant to the District of Columbia Arson Reporting Immunity Act of 1982.



(b) Any reasonably segregable portion of a public record shall be provided to any person requesting such record after deletion of those portions which may be withheld from disclosure under subsection (a) of this section.

(c) This section does not authorize withholding of information or limit the availability of records to the public, except as specifically stated in this section. This section is not authority to withhold information from the Council of the District of Columbia. This section shall not operate to permit non-disclosure of information of which disclosure is authorized or mandated by other law.

(d) The provisions of this title shall not apply to the Vital Records Act of 1981.











RECORDING OF FINAL VOTES

Sec. 205. Each agency having more than one member shall maintain and make available for public inspection a record of the final votes of each member in each proceeding of that agency.







INFORMATION WHICH MUST BE MADE PUBLIC

Sec. 206. Without limiting the meaning of other sections of this title, the following categories of information are specifically to be made public information:

(a) the names, salaries, title, and dates of employment of all employees and officers of the Mayor and an agency;

(b) administrative staff manuals and instructions to staff that affect a member of the public;

(c) final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;

(d) those statements of policy and interpretations of policy, acts, and rules which have been adopted by the Mayor or an agency;

(e) correspondence and materials referred to therein, by and with the Mayor or an agency relating to any regulatory, supervisory, or enforcement responsibilities of the agency, whereby the agency determines, or states an opinion upon, or is asked to determine or state an opinion upon, the rights of the District, the public, or any private party;

(f) information in or taken from any account, voucher, or contract dealing with the receipt or expenditure of public or other funds by public bodies; and

(g) the minutes of all proceedings of all agencies.











ADMINISTRATIVE APPEALS AND ENFORCEMENT

Sec. 207. (a) Any person denied the right to inspect a public record of a public body may petition the Mayor to review the public record to determine whether it may be withheld from public inspection. Such determination shall be made in writing with a statement of reasons therefor in writing within 10 days (excluding Saturdays, Sundays, and legal holidays) of the submission of the petition.

(1) If the Mayor denies the petition or does not make a determination within the time limits provided in this subsection, or if a person is deemed to have exhausted his or her administrative remedies pursuant to subsection (e) of section 202, the person seeking disclosure may institute proceedings for injunctive or declaratory relief in the Superior Court for the District of Columbia.

(2) If the Mayor decides that the public record may not be withheld, he shall order the public body to disclose the record immediately. If the public body continues to withhold the record, the person seeking disclosure may bring suit in the Superior Court for the District of Columbia to enjoin the public body from withholding the record and to compel the production of the requested record.

(b) In any suit filed under subsection (a) of this section, the Superior Court for the District of Columbia may enjoin the public body from withholding records and order the production of any records improperly withheld from the person seeking disclosure. The burden is on the Mayor or the agency to sustain its action. In such cases the court shall determine the matter de novo, and may examine the contents of such records in camera to determine whether such records or any part thereof shall be withheld under any of the exemptions set forth in section 204 of this title.

(c) If a person seeking the right to inspect or to receive a copy of a public record prevails in whole or in part in such suit, he or she may be awarded reasonable attorney fees and other costs of litigation.







OVERSIGHT

Sec. 208. On or before the 30th day of June of each calendar year, the Mayor shall compile and submit to the Council of the District of Columbia a report covering the public-record-disclosure activities of each agency and of Executive Branch as a whole during the preceding calendar year. The report shall include:

(1) The number of determinations made by each agency not to comply with requests for records made to such agency under this title and the reasons for each such determination;

(2) The number of appeals made by persons under Section 207(a) of this title, the result of such appeals, and the reason for the action upon each appeal that results in a denial of information;

(3) The names and titles or positions of each person responsible for the denial of records requested under this title, and the number of instances of participation for each such person;

(4) A copy of the fee schedule and the total amount of fees collected by each agency for making records available under this title;

(5) Such other information as indicates efforts to administer fully this title; and

(6) For the prior calendar year, a listing of the total number of cases arising under this title, the total number of cases in which a request was denied in whole or in part, the total number of times in which each exemption provided under section 204 of this title was cited as a reason for denial of a request, and the total amount of fees collected under section 202(b) of this act. Such report shall also include a description of the efforts undertaken by the Mayor to encourage agency compliance with this title.







DEFINITION

Sec. 209. For purposes of this title, the terms ``Mayor", ``Council", ``District", ``agency", ``rule'', ``rulemaking", ``person", ``party", ``order", ``relief", ``proceeding", ``public record", and ``adjudication" shall have the meaning as provided in section 102 of Title I of this Act.











TITLE III: LEGAL PUBLICATION

DEFINITIONS Sec. 301.

For purposes of this title:

(a) The terms `Mayor', `Council', `District', `agency', `rule', `rulemaking', `person', `licensing' and `regulation' (except when used in the term `District of Columbia Municipal Regulations') shall have the meaning provided in section 102 of title I of this act;

(b) the terms `Commissioner', `District of Columbia Council', `Chairman', `act' and `District of Columbia courts', shall have the meaning provided in section 103 of the District of Columbia Self-Government and Governmental Reorganization Act (87 stat. 777; D.C. Code, sec. 1-222);

(c) the term `Administrator' means the person appointed by the Mayor to supervise and control the District of Columbia Office of Documents in accordance with section 2 of the District of Columbia Documents Act;

(d) the phrase `D.C. Code' means the code of the District of Columbia laws as provided for in Chapter 3 of the Act of July 30, 1947 (61 Stat. 636) and any continuations, supplements or revisions thereof authorized by act, Congressional resolution or act; and

(e) the phrase `document having general applicability and legal effect' means any document issued under lawful authority prescribing a sanction or course of conduct, conferring a right, privilege, authority or immunity or imposing an obligation, and applicable to the general public, members of a class or persons in a locality, as distinguished from named individuals or organizations. The phrase `document having general applicability and legal effect' does not include any act to be codified in the D.C. Code or a personnel manual or internal staff directive solely applicable to employees or agents of the District of Columbia.







COMPREHENSIVE COMPILATION OF DISTRICT OF COLUMBIA

MUNICIPAL REGULATIONS

Sec. 302. (a) The District of Columbia Office of Documents, established pursuant to the District of Columbia Documents Act, shall supervise, manage, and direct the preparation, editing, publishing and supplementation of an official legal compilation entitled the District of Columbia Municipal Regulations (DCMR). The District of Columbia Municipal Regulations shall be published in a manner to promote efficient public access to all current District of Columbia rules and regulations.

(b) Except as otherwise provided by law, the following documents shall be accurately compiled in the District of Columbia Municipal Regulations:

(1) every rule, regulation and document having general applicability and legal effect adopted by the Commissioner, the Mayor, the District of Columbia Council and each agency;

(2) every act of the Council which is not codified or to be codified in the D.C. Code and which is not enacted in emergency circumstances as provided in section 412 of the District of Columbia Self-Government and Governmental Reorganization Act;

(3) every rule, regulation and document having general applicability and legal effect which is adopted under authority of law by a board, commission or instrumentality of the District of Columbia: PROVIDED, That nothing in this subparagraph shall be construed to apply to the District of Columbia courts;

(4) any document which the Council by resolution finds to be a document having general applicability and legal effect and which the Council by resolution orders to be printed.

(c) The District of Columbia Municipal Regulations shall contain the entire text of each document to be compiled under this act without any incorporation by reference unless (1) the publication of the document would be impractical due to its unusual lengthiness; (2) the document is not itself a rule, regulation or document having general applicability and legal effect but is incorporated by reference in a rule, regulation, or document having general applicability and legal effect; (3) a copy of the document incorporated by reference is available to the public at every public library branch in the District of Columbia and at the relevant agency headquarters; and (4) the incorporation by reference includes a specific indication of how and where a copy of such document may be inspected and obtained.

(d) The Administrator shall ensure that the District of Columbia Municipal Regulations shall contain the following research aids:

(1) a citation or historical note to the original rule or act from which each section in the District of Columbia Municipal Regulations was derived;

(2) a reference to where the original form of each rule, act or document contained in the District of Columbia Municipal Regulations can be inspected or copied;

(3) parallel reference tables indexing the sections of the District of Columbia Municipal Regulations to enabling legislation and other provisions of law which the District of Columbia Municipal Regulations implements;

(4) major parts organized according to subject matter headings with subdivisions thereof organized according to government agency titles; and

(5) a comprehensive index relating to sections of the District of Columbia Municipal Regulations to subject matter topics and to the organizational units of government.

(e) The Administrator may prepare (or procure by contract in accordance with applicable law) and include in the District of Columbia Municipal Regulations annotations of judicial decisions, and other explanatory material relating to any document published in the District of Columbia Municipal Regulations.

(f) Each complete edition of the entire District of Columbia Municipal Regulations may be published in segments if it is deemed to be expeditious in the judgment of the Administrator.







THE DISTRICT OF COLUMBIA REGISTER

Sec. 303. (a) The District of Columbia Office of Documents shall also supervise, manage and direct the preparation, editing and publishing of the District of Columbia Register which shall serve as the only official legal bulletin in the District of Columbia government and the temporary supplement of the District of Columbia Municipal Regulations.

(b) The District of Columbia Register shall contain the entire text of the following:

(1) every rule, regulations and document having general applicability and legal effect required to be but not yet published and integrated in the District of Columbia Municipal Regulations as provided in this title;

(2) every notice of public hearing issued by an agency;

(3) every notice of proposed agency rulemaking or repeal and every other document required to be published under the District of Columbia Administrative Procedure Act; and

(4) every act, resolution, and notice of the Council and any other document requested to be published by the Chairman of the Council or his or her designee.

(c) The Administrator is authorized to publish in the District of Columbia Register:

(1) any document requested to be published by the Joint Committee on Judicial Administration in the District of Columbia;

(2) information on changes in the organization of the District of Columbia government;

(3) notices of public hearings not published under authority of subsection (b) of this section; and

(4) such other matters as the Mayor may from time to time determine to be of general public interest.

(d) The Administrator may exercise the discretion of omitting from the District of Columbia Register the publication of the entire text of a document if (1) such publication would be unduly cumbersome or expensive and (2) if, in lieu of such publication, there is included in the District of Columbia Register a notice stating the general subject matter of any document so omitted and the specific manner in which a copy of such document may be obtained.

(e) If the text of an adopted act or rule is the same as the text of the previously published proposed act or rule, the Administrator may insert in the District of Columbia Register a notation to this effect giving the publication date of and citation to the District of Columbia Register issue containing the proposed act or rule.

(f) If, after a proposed rule has been published initially in the District of Columbia Register, an agency decides to alter the initial text so that the proposed rule is substantially different from the initial text, the agency shall submit the altered text as though for initial publication. The alterations shall be indicated by the use of symbols determined by the Administrator.

(g) The District of Columbia Register shall be published on at least each Friday, or, if Friday is a legal holiday, on the next working day. Each year the Administrator shall publish quarterly a cumulative index of all matters published in the District of Columbia Register during the year.

(h) On each document published in the District of Columbia Register there shall appear the date upon which such document "`as filed with the Administrator pursuant to section 304. On each issue of the District of Columbia Register there shall appear on its cover the actual date such issue was generally circulated to the public for review and comment: PROVIDED, That should the District of Columbia Register be generally circulated after the cover date shown, a notice stating the correct date shall be attached thereto. All time computations based upon publication in the District of Columbia Register shall commence from the cover date, or if corrected the date of notice thereof. The provisions of this subsection shall apply to any and all supplemental editions to the District of Columbia Register.







DOCUMENTS TO BE FILED IN THE DISTRICT OF COLUMBIA

OFFICE OF DOCUMENTS

Sec. 304. Any document required or authorized to be published in the District of Columbia Municipal Regulations or the District of Columbia Register shall be filed with the District of Columbia Office of Documents. If a document has been published pursuant to title I of this act and forwarded to the Office of the Secretariat prior to the effective date of the District of Columbia Documents Act, such document need not be filed with the District of Columbia Office of Documents, unless the Administrator otherwise notifies the person responsible for filing the document.







PERMANENT SUPPLEMENTS TO THE DISTRICT OF COLUMBIA

MUNICIPAL REGULATIONS

Sec. 305. At least once each year, every document required to be compiled pursuant to section 302 shall be permanently integrated into the District of Columbia Municipal Regulations by publication of loose-leaf pages or other appropriate permanent supplements of the District of Columbia Municipal Regulations. The index of the DCMR shall be similarly supplemented or reissued.





FILING FUTURE DOCUMENTS WITH THE ADMINISTRATOR

Sec. 306. Except as provided in section 304, two copies of any document to be published pursuant to this title shall be filed with the Administrator. The Administrator shall immediately review filed documents to determine their conformity to the provisions of this title and to editorial standards promulgated by the Administrator. Upon the Administrator's determination of a document's conformity with this act, one copy of such document shall be prepared for publication and one copy kept for permanent historic preservation.







PUBLICATION SPECIFICATIONS OF THE DISTRICT OF COLUMBIA

MUNICIPAL REGULATIONS

Sec. 307. (a) The District of Columbia Municipal Regulations and its permanent supplements shall be published pursuant to typographical and contractual arrangements which ensure that the District of Columbia Municipal Regulations can be purchased at a reasonable cost in its entirety or in portions of related rules, regulations or documents having general applicability and legal effect.

(b) Copies of the District of Columbia Municipal Regulations shall be available to the public at each regular branch of the District of Columbia Library System and to each Advisory Neighborhood Commission established by the Council.







LEGAL EFFECTIVENESS OF DOCUMENTS

Sec. 308. (a) Notwithstanding any other provision of this title, any rule, regulation, or document having general applicability and legal effect which has been adopted or enacted by the Commissioner, the Mayor, the District of Columbia Council, an agency, or other instrumentality of the District before the effective date of this title and which is not published in the District of Columbia Municipal Regulations four hundred and twenty-five (425) days after the effective date of this title shall not be in effect thereafter.

(b) Except in the case of emergency rules or acts, no rule or document of general applicability and legal effect adopted or enacted on or after the effective date of this title shall become effective until after its publication in the District of Columbia Register, nor shall such rule or document of general applicability and legal effect became effective if it is required by law, other than titles I or III of this act, to be otherwise published, until such rule or document of general applicability and legal effect is also published as required by such law.







ERROR IN PUBLICATION DOCUMENTS

Sec. 309. The Administrator of the District of Columbia Office of Documents shall correct grammatical or typographical errors in the printing of the text of a document in the District of Columbia Statutes-at-Large, the District of Columbia Register or the District of Columbia Municipal Regulations by the publication of an errata list or by publication of the entire document or the affected part of the document in its corrected form so as to indicate the actual corrections which were made.







CERTIFICATION

Sec. 310. Each part of the District of Columbia Statutes-at- Large, the District of Columbia Municipal Regulations, each permanent supplement of the District of Columbia Municipal Regulations, and the District of Columbia Register shall contain a certificate by the Administrator stating that such part contains all documents required to be published pursuant to this title as of the date of such certificate.







PRESUMPTION CREATED BY PUBLICATION

Sec. 311. The publication of any document in the District of Columbia Statutes-at-Large, the District of Columbia Municipal Regulations or the District of Columbia Register creates a rebuttable presumption:

(a) that it was duly issued, prescribed, adopted or enacted; and

(b) that all requirements of this title have been complied with.







CRIMINAL PENALTIES

Sec. 312. Any person who knowingly and wilfully causes any document not to be published in the District of Columbia Statutes-at-Large, the District of Columbia Register, or the District of Columbia Municipal Regulations which is required to be so published pursuant to this act shall be guilty of a misdemeanor and shall be fined not more than $ 100 or imprisoned not more than 30 days, or both.

AMENDMENTS

Sec. 742 of Pub. L. No. 93-198, 87 Stat 831, eff. Dec. 24, 1973; D.C. Law 1-19, eff. Oct. 8, 1975; D.C. Law 1-96, eff. Mar.29, 1977; D.C. Law 1-120, eff. Apr. 19, 1977; D.C. Law 2-153, eff. Mar. 6, 1979; D.C. Law 3-75, eff. July 1, 1980; D.C. Law 3-169, eff. Mar. 5, 1981; D.C. Law 4-34, eff. Oct. 8, 1981; D.C. Law 4-41, eff. Oct. 17, 1981; D.C. Law 4-67, eff. Feb. 11, 1982; D.C. Law 4-119, June 19, 1982, D.C. Law 5-10, eff. May 20, 1983; D.C. Law 5-22, eff. Aug. 2, 1983; D.C. Law 7-62, eff. Jan. 28, 1988; D.C. Law 9-241, eff. Mar. 17, 1993; D.C. Act 13-234; 47 DCR 520, effective _______ .


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