RULES OF ORGANIZATION AND PROCEDURE
FOR THE
COMMITTEE ON CONSUMER AND REGULATORY AFFAIRS

COUNCIL PERIOD XIV

SHARON AMBROSE, CHAIRPERSON

CONTENTS

ARTICLE IBDEFINITIONS 4

101. Definitions 4

ARTICLE IIBCOMMITTEE OVERSIGHT RESPONSIBILITIES

201. Matters Under the Purview of the Committee 4
202. Agencies Under the Purview of the Committee 5

ARTICLE IIIBORGANIZATION 5

301. Chairperson 5
302. Committee Staff 5

ARTICLE IVBCOMMITTEE MEETINGS 6

401. Regular Meetings 6
(a) Time 6
(b) Place 6
(c) Recess and Rescheduling 6
(d) Cancellation 6
(e) Agenda 6

402. Special and Additional Meetings 7
(a) Special Meetings 7
(b) Additional Meetings 7
(c) Notice 7

403. Procedures for Meetings 7
(a) Order of Business for Regular Meetings 8
(b) Order of Business for Special and Additional Meetings 8
(c) Proceeding Out of Order 8
(d) Recognition of Non-Committee Members 8
404. Minutes of Meeting 8

405. Decorum of Members 9
406. Decorum of the Public 9

ARTICLE VBREVIEW OF AND REPORTS ON PROPOSED LEGISLATION 10

501. Approval of Measures 10
502. Reports on Bills and Proposed Resolutions 10
(a) Draft Reports 10
(b) Contents of Reports 10
503. Supplemental, Minority, and Additional Views 11

ARTICLE VIBHEARINGS AND INVESTIGATIONS 11

601. Hearing Procedures 11
(a) Calling 11
(b) Notice 11
(c) Open Hearing 11
(d) Quorum 12
(e) Questioning of Witnesses 12
(f) Hearing Decorum 12
(g) Recess 12

602. Rights of Witnesses 12
(a) Right to Counsel 12
(b) Right to Make Opening Statement 12

603. Testimony Under Oath 12
604. Depositions 13
605. Investigations 13
606. Issuance of Subpoenas 13
607. Report to Secretary Regarding Use of Subpoena 13
608. Service of Subpoenas 13
609. Enforcement of Subpoenas 13
610. Right to Assert Privileges 13
611. Notification of Rights 14
612. Right to Transcript 14
613. Right of Persons Who Are Subjects of Investigations 14
614. Rights of Persons Identified in Investigations 14

ARTICLE VIIBNOTICE PROVISION 14

701. Notice 14

ARTICLE VIIIBRULES 15

801. Rules of the Council 15
802. Amendment 16
803. Filing with the Council Secretary 16
804. Effective Period 16

ARTICLE IBDEFINITIONS

Sec. 101. DEFINITIONS

Except as otherwise provided, the definitions contained in section 101 of the Rules of Organization and Procedure for the Council of the District of Columbia, Council Period XIV, are incorporated by reference.

For purposes of these rules, the term:

(1) "Chairperson" means the Chairperson of the Committee on Consumer and Regulatory Affairs.

(2) "Committee" means the Committee on Consumer and Regulatory Affairs.

(3) "Council Rules" means the Rules of Organization and Procedure for the Council of the District of Columbia, Council Period XIV.

(4) "Member" means a member of the Committee on Consumer and Regulatory Affairs.

(5) "Minutes" means a summary record of action and proceedings of the Committee including, but not limited to, a description of each item including amendments, motions, or orders on which a vote was taken and the vote of each member concerning the item.

(6) "Quorum" means three members of the Committee, except as provided in section 501(d).

(7) "Rules" means the Rules of Organization and Procedure for the Committee on Consumer and Regulatory Affairs for Council Period XIV.

(8) "Testimony" means the oral or written statements of a witness.

(9) "Witness" means a person who shall appear or is appearing before the Committee whether voluntarily or by mandatory process.

ARTICLE II C COMMITTEE OVERSIGHT RESPONSIBILITIES

Sec. 201. MATTERS UNDER THE PURVIEW OF THE COMMITTEE

The Committee on Consumer and Regulatory Affairs is responsible for all matters related to governmental regulation of commercial, non-health occupations and professions, real estate, and housing activities, including maintenance of housing stock, and housing inspectors; consumer affairs; the regulation of banks and banking activities that relate to consumer affairs; and environmental matters related to consumer and regulatory affairs; and insurance.

Sec. 202. AGENCIES UNDER THE PURVIEW OF THE COMMITTEE

The following agencies come within the purview of the Committee on Consumer and Regulatory Affairs:

Department of Consumer and Regulatory Affairs

District of Columbia Boxing and Wrestling Commission

Board of Consumer Claims Arbitration for the District of Columbia

Rental Housing Commission

Professional licensing boards not specifically assigned to other committees

Educational Institution Licensure Commission

Public Service Commission of the District of Columbia

Office of the People's Counsel

D.C. Housing Authority

Department of Insurance and Securities Regulation

Department of Banking and Financial Institutions

ARTICLE IIIBORGANIZATION OF THE COMMITTEE

Sec. 301. CHAIRPERSON

The Chairperson shall be the presiding officer of the Committee. The Chairperson may designate a member to act as temporary Chairperson when the Chairperson is absent or recuses himself/herself from certain items before the Committee.

Sec. 302. COMMITTEE STAFF

(a) Committee Staff Director. The Chairperson shall appoint a Committee staff director with the approval of the Committee, pursuant to section 406 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Code ' 1-604.6). The staff director shall be the secretary and chief administrative officer of the Committee, shall keep the minutes and all records of meetings and Committee business and shall perform other administrative, legislative, and policy functions assigned by these rules or the Chairperson.

(b) Additional Staff. The Chairperson shall appoint additional staff with the approval of the Committee, pursuant to section 406 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Code ' 1-604.6), and subject to appropriations and positions allocated by the Council. The additional staff shall perform duties that shall be assigned by the Committee staff director, counsel, or the Chairperson.

(c) Additional Resource Persons. Additional persons not to be compensated by Council funds, may be retained by the Committee staff with the approval of the Chairperson.

(d) Staff Assignments, Removals, and Remuneration. Committee staff assignments, removals, and remuneration shall be determined by the Chairperson. The Chairperson shall notify the Committee members of any action pertaining to assignments, removals, or remuneration within 3 working days.

ARTICLE IVBCOMMITTEE MEETINGS

Sec. 401. REGULAR MEETINGS

(a) Time. Regular meetings of the Committee shall be held at 10:00 a.m. on the 2d and 4th Wednesday of each month except during periods of recess of the Council and legal holidays. The Chairperson shall circulate a notice of the date, hour, and place of all committee meetings to all members of the Council at least 24-hours before the date of the meeting, along with a copy of the agenda of the meeting and draft of any measures to be considered, unless at least four members of the committee agree to a shorter notice.

(b) Place. Regular meetings of the Committee shall be held in Room 700 of 441 4th Street, N.W., Washington, D.C., 20001, unless another place is designated by the Chairperson.

(c) Recess and Rescheduling. If a majority of the Committee is present at a regular meeting, the Chairperson may recess any regular meeting then in progress to another time, day, and place. The Chairperson may reschedule any future regular meeting provided each member is notified in writing at least one business day in advance of the scheduled meeting.

(d) Cancellation. The Chairperson may cancel a future regularly scheduled meeting provided each member is notified in writing at least one business day in advance of the scheduled meeting.

(e) Agenda.

(1) The agenda and written material relating to the agenda items shall be available to the members 24 hours prior to the meeting of the Committee.

(2) The Committee staff shall prepare the agenda at the direction of the Chairperson. The agenda for all meetings, except special meetings called by a majority of the members, shall be set by the Chairperson.

(3) The Chairperson may prepare a consent agenda for each committee meeting which shall include bills and resolutions that the Chairman believes will be adopted by unanimous vote. The consent agenda will be approved at the beginning of the committee meeting. Any member may strike a bill or proposed resolution from the consent agenda.

Sec. 402 SPECIAL AND ADDITIONAL MEETINGS.

(a) Special Meetings.

(1) Special meetings may be called by filing a written request with the Committee staff director for a special meeting signed by no fewer than three members. The Committee staff director shall notify the Chairperson and the other members of the filing of the request.

(2) The Chairperson shall call the special meeting within 72 hours of the written request and shall specify the date, hour, place, and agenda of the meeting.

(3) If the Chairperson does not call the requested meeting, a majority of the members may file a written notice with the Committee staff director that a special meeting will be held, specifying the date, place, and agenda for the meeting. Immediately upon the filing of the notice, the Committee staff shall notify all members of the Committee as provided for in subsection (c).

(b) Additional Meetings. Additional meetings shall be called by the Chairperson.

(c) Notice.

(1) Whenever an additional or special meeting is called, the Committee staff shall notify each Councilmember in writing, at least 24 hours before the special meeting, unless at least four members of the Committee agree to a shorter notice. The notice shall state the date, hour, place of the meeting. A copy of the agenda of the meeting and draft of any measures to be considered shall be circulated. The Committee staff will contact the Office of Secretary to ensure that the meetings of the committee do not conflict with previously scheduled meetings of another committee.

(2) No matters shall be considered at any special meeting except those stated in the written request and notification.

(3) Any written material relating to the agenda items shall be made available to the Committee members by the close of business of the working day prior to the meeting.

(4) Additional or special meetings to consider emergency matters may be called upon shorter notice, if this shorter notice is agreed upon in writing by a majority of the Committee members.

Sec. 403. PROCEDURES FOR MEETINGS

(a) Order of Business for Regular Meetings. Subject to subsection (c), the Committee shall conduct business for regular meetings of the Committee in the following order:

(1) Call to order;

(2) Determination by the Chairperson of the presence of a quorum;

(3) Reading and approval of the minutes;

(4) Consideration of proposed reports on and markup of pending measures assigned to the Committee under section 406 of the Council rules;

(5) Scheduling of hearings;

(6) Old business;

(7) New business; and

(8) Adjournment.

(b) Order of Business for Special Additional Meetings. The Committee shall take up business in the following order at a special or additional meeting:

(1) Call to order at the date, hour, and place set forth in the notice of the meeting;

(2) Ascertainment of the presence of a quorum by the Chairperson; and

(3) If a quorum is present, consideration of business in the order set forth in the meeting notice.

(c) Proceeding Out of Order. The Chairperson or presiding member may, without objection or upon the vote of a majority of the members present and voting, take up any item of business out of order.

(d) Recognition of Non-Committee Members. The Chairperson or presiding member may recognize a member of the public or a District government employee when the participation of the person would, in the judgment of the Chairperson or presiding member, enhance the understanding of the matter under consideration by the Committee.

Sec. 404. MINUTES OF MEETINGS

The Committee staff, as assigned, shall take minutes of Committee meetings. The minutes shall include a description of all Committee action and a description of each amendment, motion, order, or other proposition on which a roll call vote was taken, the name of each member voting for and against the amendment, motion, order or proposition, and the names of those members present but not voting. Unless the Committee specifically directs otherwise, minutes need not be taken of hearings before the Committee. After adoption, minutes shall be filed with the Secretary to the Council and shall be made available for public inspection during normal business hours of the Council. Minutes kept pursuant to this section shall be in addition to the transcript or transcription of meetings and hearings required by the Council rules.

Sec. 405. DECORUM OF MEMBERS

(a) Members shall not engage in private discourse or commit any other act tending to distract the attention of the Committee from the business before it.

(b) In debate, a member must confine remarks to the question at hand, and avoid personalities.

(c) A member in referring to another member should avoid using the member's name, rather identifying that member by ward or at-large status, as the member who last spoke, or by describing the member in some other manner.

(d) It is not the person but the measure that is the subject of debate, and it is not allowable to question or impugn the motives of a member, but the nature or consequences of a measure may be condemned in strong terms.

Sec. 406. DECORUM OF THE PUBLIC

(a) The Chairperson shall maintain order during Committee meetings. If the Chairperson determines that the removal of a person other than a member is necessary to maintain order, after warning the person, the Chairman may order the removal of the disorderly person.

(b)(1) No signs, placards, posters or attention devices of any kind or nature shall be carried or placed within the Council hearing or meeting rooms or Council Chamber. No demonstrations are permitted in the Council Chamber or any area in which a Council proceeding or a public hearing is being conducted.

(2) This prohibition shall not apply to armbands, emblems, badges or other articles worn on the personal clothing of individuals; provided, that such armbands, badges or emblems are of such a size and nature as not to interfere with the vision or hearing of other persons at a meeting nor extend from the body as may cause injury to another.

(3) Any person who shall violate the provisions of this subsection, relating to signs, or who shall willfully interrupt or disturb Council proceedings, after warning to desist, may be removed from the premises.

(4) Models, photographs, maps, charts, drawings, and other such demonstrative materials intended for use in a presentation by a specific person in testimony before the Council shall be permitted.

(d) No person, except a member of the Council or Council staff, shall be allowed in the anterooms of the Council Chamber, during the course of any hearing or other proceeding of the Council or any committee of the Council, except upon invitation of the Chairman of the Council or the Chairperson of the Committee holding the public hearing.

ARTICLE VBREVIEW OF AND REPORTS ON PROPOSED LEGISLATION

Sec. 501. APPROVAL OF MEASURES

The Committee may not report out a measure or recommendation on a matter assigned to the Committee unless a majority of the members was actually present at the time of approval by the Committee. If an amendment is orally moved during a Committee meeting, it shall, upon request by a member, be reduced to writing and read by the Committee staff.

 

Sec. 502. REPORTS ON BILLS AND PROPOSED RESOLUTIONS

(a) Draft Reports. Each bill or resolution shall be accompanied by a draft report when it is considered by the Committee, unless the Committee votes to waive this requirement for a particular bill or resolution. In the event of a waiver, the Committee shall vote on the draft report at a regularly scheduled, additional, or special meeting of the Committee before filing the report and the reported bill or resolution with the Secretary.

(b) Contents of Reports. Each adopted report on a bill or proposed resolution assigned to the Committee shall be in writing, signed by the Chairperson, accompanied by the final bill or resolution and shall contain:

(1) A statement of the purpose and effect of the bill or resolution;

(2) A legislative history, including the date of introduction, date of public hearings or public roundtables was published in D.C.Register, and date and description of any action taken at a Committee meeting;

(3) A detailed section-by-section analysis of the provisions of the bill or resolution;

(4) The Committee reasoning;

(5) A fiscal impact statement as provided in section 443(c) of the Council Period XIV Rules;

(6) An analysis of the impact on existing provisions of law that the bill or resolution would modify or affect;

(7) Dissenting, separate, and individual views of Committee members, if members demanded the opportunity to state their views;

(8) Any additional information that the Chairperson directs to be included;

(9) A record of the Committee action, including the results of a voice vote or roll call vote on any amendments to the bill or resolution, and the results of a voice or roll call vote on the bill or resolution; and

(10) Any recorded votes on amendments to the bill or resolution.

(11) A list of all introducers and co-sponsors;

(12) The date that the notice of intended action was published in the D.C. Register; and

(13) A Committee Print that states the bill or proposed resolution number of the measure; in the top left-hand corner of the of the measure the name of the Committee, the date of the Committee markup, and the words "Committee Print".

Sec. 503. SUPPLEMENTAL, MINORITY, AND ADDITIONAL VIEWS

If, at the time of approval of any measure by the Committee, any member of the Committee gives notice of intent to file supplemental, minority, or additional views, that member shall have not less than five days (excluding Saturdays, Sundays, and legal holidays) in which to file his/her views in writing. Such views shall be filed with the Committee staff director and shall be included in the report of the Committee on that measure.

ARTICLE VIBHEARINGS AND INVESTIGATIONS

Sec. 601. HEARING PROCEDURES

(a) Calling. The Committee shall hold a hearing or roundtable before passage of any bill. The Committee may hold a hearing or roundtable before passage of a proposed resolution if called by the Chairperson.

(b) Notice. Written notice of Committee hearings shall be given in the manner provided for in section 422(a) of the Council Rules.

(c) Open Hearing. Each hearing shall be open to the public unless a majority of the Committee decides in open session or publicly agrees that the hearing should be closed.

(d) Quorum. One member of the Committee constitutes a quorum for the taking of testimony at a hearing.

(e) Questioning of Witnesses.

(1) Each member and participating non-Committee member shall have not more than ten minutes for the questioning of a witness before the Committee at a time, and questioning shall proceed in the order that Committee members arrived, followed by non-Committee members.

(2) A witness may be questioned, with the consent of the Chairperson or presiding member, by Committee or authorized Council staff or by counsel advising the Committee.

(f) Hearing Decorum.

(1) No witness may address a member except through the Chairperson or presiding member, except when responding to a direct question of a member.

(2) A witness shall confine his or her remarks to the question under discussion and shall avoid making negative personal comments.

(3) The Chairperson or presiding member shall maintain order during the meeting and if, in his or her opinion, the removal of any member of the public is necessary to maintain order, the Chairperson or presiding member may, after warning, order the removal of any disorderly person.

(g) Recess. A hearing may be recessed at any time by the Chairperson or member presiding over the hearing.

Sec. 602. RIGHTS OF WITNESSES

(a) Right to Counsel. Any witness who appears before the Committee has the right to be represented by counsel.

(b) Right to Make Opening Statement. Any witness who testifies at a hearing of the Committee may submit an opening statement that shall be placed in the record of the hearing. The Chairperson or presiding member may permit a witness to read the statement at the hearing.

Sec. 603. TESTIMONY UNDER OATH

A witness may be affirmed or sworn to give truthful testimony.

Sec. 604. DEPOSITIONS

The Committee may authorize a Committee member or Committee staff to take the testimony of witnesses by oral or written deposition.

Sec. 605. INVESTIGATIONS

The Committee may investigate any matter relating to the affairs of the District of Columbia that comes under the jurisdiction of the Committee. The Committee may also direct another person to investigate a matter within the Committee's jurisdiction.

Sec. 606. ISSUANCE OF SUBPOENAS

Subject to Council Rules, the Committee may require the attendance and testimony of witnesses and the production of documents, papers, and other tangible items through the use of its subpoena power. If a subpoena is issued and the person named on the subpoena does not respond, the Committee may, by resolution, refer the matter to the Council for referral to the Superior Court of the District of Columbia.

Sec. 607. REPORT TO SECRETARY REGARDING USE OF SUBPOENA

Prior to issuing a subpoena, the Committee shall submit a report to the Secretary of the Council outlining the nature and scope of the investigation and the type of information sought through the use of the subpoena.

Sec. 608. SERVICE OF SUBPOENAS

Subpoenas shall be served personally on the witness or his or her designated agent in one of the following ways which may be attempted concurrently or successively:

(1) By a special process server, at least 18 years of age, designated by the Committee from among the staff appointed by the Secretary to the Council who are not directly involved in the investigation; or

(2) By a special process server, at least 18 years of age, engaged by the Committee or the Council for this purpose.

Sec. 609. ENFORCEMENT OF SUBPOENAS

The Committee may refer to the Council any case of contumacy by any person subpoenaed to appear before the Committee.

Sec. 610. RIGHT TO ASSERT PRIVILEGES

(a) Any witness has the right to refuse to answer any question which might tend to incriminate him or her by claiming his or her Fifth Amendment privilege against self-incrimination, other Constitutional privileges, or statutory or common law privileges recognized in the Superior Court of the District of Columbia.

(b) If a witness asserts a privilege, the Chairperson or presiding member shall inquire into the witness's reasons for claiming the privilege. If the Chairperson or presiding member determines that the claim of privilege is not warranted, he or she shall direct the witness to answer the question. A witness's continued claim of privilege in the face of an order by the Chairperson or presiding member to answer a specific question constitutes contumacy by the witness.

Sec. 611. NOTIFICATION OF RIGHTS

Where a witness under subpoena is not represented by counsel, the Chairperson or presiding member shall advise the witness of his or her privilege against self-incrimination.

Sec. 612. RIGHT TO TRANSCRIPT

A witness under subpoena is entitled to receive, at the cost of producing it, a written transcript or a transcription of his or her testimony in connection with an investigation.

Sec. 613. RIGHTS OF PERSONS WHO ARE SUBJECTS OF INVESTIGATIONS

Any person who is the subject of an investigation authorized under section 601 of Council Rules may submit written questions for the cross-examination of other witnesses at public hearings called by the Committee. With the consent of the members present and voting, those questions may be put to the witness by any member, by any authorized staff member, or by counsel advising the Council or the Committee.

Sec. 614. RIGHTS OF PERSONS IDENTIFIED IN INVESTIGATIONS

Any person, who is named or specifically identified in connection with an investigation and who believes that the testimony or other evidence or comment by a member of the Council or a Committee or its staff does not comport with the truth, may file a sworn statement of facts relevant to the testimony or other evidence or comment that is at issue.

ARTICLE VIIBNOTICE PROVISION

Sec. 701. NOTICE

If there is no specific requirement for the giving of notice of any Committee action, meeting, or hearing, notice may be given by one of the following methods:

(a) Posting in prominent places in One Judiciary Square, 441 4th Street, N.W. or other public buildings or public posting places;

(b) Publication in one or more newspapers of general circulation;

(c) Publication in the District of Columbia Register;

(d) Mailing notice to an established mailing list of organizations and individuals as maintained by the Secretary of the Council;

(e) Use of other news media;

(f) Facsimile,

(g) Email; or

(h) Any other manner the Committee considers appropriate.

ARTICLE VIIIBRULES

Sec. 801. RULES OF THE COUNCIL

The following Rules of the Council are and shall be considered rules of the Committee and except where the context dictates to the contrary, the term "Council" means "Committee," the term "Member" or "Member of the Council" means "Member of the Committee," the term "Chairman" means "Chairperson of the Committee," and the term "Secretary" means "Committee staff director or other Committee staff:" 101 (Definitions); 202 (Conflict of Interest); 304 (Quorum); 305 (Meetings Open to the Public); 306 (Executive Sessions); 307 (Hearing the Mayor); 321 (Decorum of Members); 322 (Decorum of Members of the Public); 331 (Obtaining the Floor); 332 (Limitations on Debate); 333 (Personal Privilege); 334 (Points of Order); 335 (Appeal); 336 (Extensions of Remarks); 337 (Recognition of Non-Members); 341 (Motions Recognized During Debate); 342 (Withdrawal or Modification of Motions); 343 (Amendments to be Written); 351 (Form of Vote); 352 (Voice Votes); 353 (Demand for Roll Call Vote); 355 (Records of Votes); 356 (Proxy Voting Prohibited); 357 (Reconsideration); 447 (Records of Legislative Meetings); 449 (Effect of End of Council Period); 601 (Resolution Authorizing the Use of Subpoenas in an Investigation); 604 (Testimony Under Oath); 605 (Issuing the Oath); 606 (Depositions); 611 (Issuance of Subpoenas); 612 (Report to Secretary Regarding Use of Subpoena); 613 (Service of Subpoenas); 614 (Enforcement of Subpoenas); 621 (Right to Assert Privileges); 622 (Notification of Rights); 623 (Right to Transcript); 624 (Rights of Persons Who are Subjects of Investigations); 1001 (Parliamentary Authority); 1002 (Gender Rule of Construction); and 1003 (Suspension of Rules). Whenever there is inconsistency between these rules and the Council Period XIV Rules, the Council Rules shall govern.

Sec. 802. AMENDMENT

These rules may be amended by a majority of the Committee at any Committee meeting. Notice of the proposed amendment shall be in writing, signed by the proposer, and circulated to each member at least five days prior to the meeting at which the proposed amendment is to be considered, unless the notice is waived by each member to whom it is not given.

Sec. 803. FILING WITH THE COUNCIL SECRETARY

Upon the adoption of these rules or any future amendments, the Committee staff shall file a copy of the final rules or amendments with the Secretary of the Council.

Sec. 804. EFFECTIVE PERIOD

These Rules will be effective until superseded by Rules of Organization and Procedure for the Committee on Consumer and Regulatory Affairs adopted in a succeeding Council Period, unless modified by a majority of the Committee members during Council Period XIV.