Incorporation by Reference of Documents into the
D.C. Register or D.C. Municipal Regulations
The District of Columbia Documents Act, D.C. Law 2-53, effective March 6, 1979 (D.C. Code Sec. 1-1533(d), grants the Administrator of the Office of Documents the authority to "exercise the discretion of omitting from the D.C. Register the publication of the entire text of a document ..." where the following criteria are found:
- Such publication would be unduly cumbersome or expensive; and
- If, in lieu of such publication, there is included in the D.C. 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.
Similarly, documents may be incorporated by reference into the DCMR pursuant to D.C. Code Sec. 1-1532(c) under the following circumstances:
- The publication of the document would be impractical due to its unusual lengthiness;
- 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:
- 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
- The incorporation by reference includes a specific indication of how and where a copy of such document may be inspected and obtained.
DCMR Title 1, subsection 301.6 authorizes the Director to incorporate by reference the text of documents in the D.C. Register, in accordance with the provisions of the Documents Act or applicable rules.
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