OUTLINE FOR RESEARCHING D.C. RULES AND REGULATIONS

The following provisions of D.C. Law provide that certain rules and regulations will no longer have legal effect if they have not been published in the D.C. Register or DCMR by certain dates:

1. D.C. Code Sec. 1-1507(c) states that no regulations or rules adopted prior to the adoption of the D.C. Administrative Procedure Act (October 1, 1968) and which were not published in the D.C. Register or the D.C. Rules & Regulations before October 1, 1969 shall remain in effect. This provision was superseded by the D.C. Documents Act, D.C. Code Sec. 1-1538.

2. D.C. Code Sec. 1-1538(a) states that no rule, regulation, or document having general applicability and legal effect which was adopted or enacted before March 6, 1979, and which was not published in the DCMR on or before June 30, 1984, shall be in effect thereafter. This "sunset" date was changed a number of times however the final date was set at June 30, 1984.

3. D.C. Code Sec. 1-1538(b) provides that except for emergency rules or acts, no rule or document of general applicability and legal effect adopted or enacted after March 6, 1979, shall become effective until after its publication in the D.C. Register, or as otherwise required to be published by law.

4. One exception to this general rule is found at 1 DCMR Sec. 101.1 which incorporates by reference Orders issued by the Mayor, Mayor-Commissioner (1967 to 1974) and the Board of Commissioners (1871 to 1967). (This exception appears to conflict with D.C. Code Sec. 1-1538).

Consequently, to determine whether a rule or regulation promulgated prior to March 6, 1979 remains in effect, the following analysis should be undertaken:

1. Determine whether the document in question was issued as a Commissioner's Order or Mayor's Order;
2. Determine whether the document was published in the D.C. Register after March 6, 1979;
3. Determine whether the document was published or incorporated by reference into the DCMR system; and
4. Determine whether the document was incorporated by reference into another document which was published.
5. Determine whether the document was enacted by the Council of the District of Columbia pursuant to Sec. 401 of the D.C. Home Rule Act.

By following this method or research, one should be able to determine with a high degree of accuracy whether a rule or regulation promulgated prior to March 6, 1979 remains in effect.