This subchapter 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 subchapter shall supersede any such law and procedure to the extent of any conflict therewith.
(Oct. 21, 1968, 82 Stat. 1204, Pub. L. 90-614, § 2; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(a), 22 DCR 2048; Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c), 23 DCR 9532b.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1501.
1973 Ed., § 1-1501.
Legislative History of Laws
Law 1-19 was introduced in Council and assigned Bill No. 1-1, which was referred to the Committee of the Whole, the Committee on the Judiciary and the Committee on Criminal Law. The Bill was adopted on first and second readings on June 3, 1975 and June 20, 1975, respectively. Signed by the Mayor on July 10, 1975, it was assigned Act No. 1-30 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 1-96, see Historical and Statutory Notes following § 2-531.
Miscellaneous Notes
D.C. Board of Appeals and Review established: See Mayor's Order 84-79, April 26, 1984, as amended by Mayor's Order 86-50, March 31, 1986.
As used in this subchapter:
(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 § 1-204.01(a) 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 § 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 than this subchapter, to establish administrative procedures, but does not include the several courts of the District and the Tax Division of the Superior Court.
(6)(A) The term "rule" means the whole or any part of any Mayor's or agency's 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.
(B) The term "rule" does not include any statement for guiding, directing or otherwise regulating vehicular or pedestrian traffic, including any statement controlling parking, standing, stopping or a construction detour; provided, that:
(i) The contents of the statement are indicated to the public on one or more signs, signals, meters, markings or other similar devices located on or adjacent to a street, avenue, road, highway or other public space and are posted on the website of the District Department of Transportation;
(ii) The proposed installation, modification or removal of the statement is based on engineering or other technical considerations;
(iii) The proposed installation, modification or removal of the statement does not involve substantial policy considerations; and
(iv) The Council and the affected Advisory Neighborhood Commissions ("ANC") are provided with 30-days written notice via electronic delivery, excluding Saturdays, Sundays and legal holidays, of an agency's intent to install, modify or remove any of these statements, and any ANC recommendation, if provided, is given great weight pursuant to § 1-309.10.
(7) The term "rulemaking" means Mayor's or agency's 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 subchapter), 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;
(D) Cases in which the Mayor or an agency act as an agent for a court of the District; and
(E) Requests for relief from the requirements of Chapter 26 of Title 11 of the District of Columbia Municipal Regulations (11 DCMR 2600 et seq.), as permitted under that chapter; provided, that such requests shall be approved under such procedures as may be adopted by the Zoning Commission, which procedures need not include a hearing.
(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's:
(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 an agency as defined in paragraphs (6), (11), and (12) of this section.
(16) The term "sanction" includes the whole or part of any Mayor's or agency's:
(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, vote data (including ballot-definition material, raw data, and ballot images), or other documentary materials, regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body. Public records include information stored in an electronic format.
(18A) The term "public body" means the Mayor, an agency, or the Council of the District of Columbia.
(19) The term "adjudication" means the agency process, other than rulemaking, for the formulation, issuance, and enforcement of an order.
(20) The term "publish" means, for the official publications described in § 2-504, to issue, in print or electronic format, textual or graphic material for sale or distribution to the public.
(Oct. 21, 1968, 82 Stat. 1204, Pub. L. 90-614, § 3; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(b)-(q), 22 DCR 2048; Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c), (d), 23 DCR 9532b; Apr. 3, 2001, D.C. Law 13-249, § 2, 48 DCR 662; Apr. 27, 2001, D.C. Law 13-283, § 2, 48 DCR 1917; Mar. 14, 2007, D.C. Law 16-275, § 201, 54 DCR 880; Mar. 25, 2009, D.C. Law 17-353, § 162, 56 DCR 1117; Feb. 4, 2010, D.C. Law 18-103, § 3, 56 DCR 9169; Sept. 24, 2010, D.C. Law 18-223, § 1082, 57 DCR 6242; Sept. 20, 2012, D.C. Law 19- 168, § 6022, 59 DCR 8025; Sept. 26, 2012, D.C. Law 19-171, § 16, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1502.
1973 Ed., § 1-1502.
Effect of Amendments
D.C. Law 13-249, in par. (6), designated subpar. (A) and added subpar. (B).
D.C. Law 13-283 rewrote par. (18) and added par. (18A). Prior to amendment, par. (18) read:
"(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."
D.C. Law 16-275, in par. (8), added subpar. (E).
D.C. Law 17-353, in par. (8)(E), substituted "Requests" for "Request".
D.C. Law 18-103, in par. (18), substituted "tapes, recordings, vote data (including ballot-definition material, raw data, and ballot images)," for "tapes, recordings,".
D.C. Law 18-223 added par. (20).
D.C. Law 19-168, in par. (6)(B)(i), inserted "and are posted on the website of the District Department of Transportation;"; in par. (6)(B)(iv), substituted "provided with 30-days written notice via electronic delivery" for "provided with 30-days written notice".
D.C. Law 19-171, in par. (18), inserted a comma following "used".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 3 of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).
For temporary (90 day) amendment of section, see § 1082 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Legislative History of Laws
For legislative history of D.C. Law 1-19, see Historical and Statutory Notes following § 2-501.
For legislative history of D.C. Law 1-96, see Historical and Statutory Notes following § 2-531.
Law 13-249, the "Administrative Procedure Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-285, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 8, 2000, and December 5, 2001, respectively. Signed by the Mayor on December 22, 2000, it was assigned Act No. 13-536 and transmitted to Both Houses of Congress for its review. D.C. Law 13-249 became effective on April 3, 2001.
Law 13-283, the "Freedom of Information Amendment Act of 2000", was introduced in Council and assigned Bill No. 13-829, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on December 5, 2000, and December 19, 2000, respectively. Signed by the Mayor on January 22, 2001, it was assigned Act No. 13-581 and transmitted to Both Houses of Congress for its review. D.C. Law 13-283 became effective on April 27, 2001.
Law 16-275, the "Inclusionary Zoning Implementation Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-779, which was referred to Committee on the Whole. The Bill was adopted on first and second readings on December 5, 2006, and December 19, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-632 and transmitted to both Houses of Congress for its review. D.C. Law 16-275 became effective on March 14, 2007.
For Law 17-353, see notes following § 2-218.42.
Law 18-103, the "Omnibus Election Reform Amendment Act of 2009", was introduced in Council and assigned Bill No. 18-345, which was referred to the Committee on Government Operations and the Environment. The bill was adopted on first and second readings on October 6, 2009, and November 3, 2009, respectively. Signed by the Mayor on November 30, 2009, it was assigned Act No. 18-238 and transmitted to both Houses of Congress for its review. D.C. Law 18-103 became effective on February 4, 2010.
For Law 18-223, see notes following § 2-218.76.
For history of Law 19-168, see notes under § 2-218.76.
For history of Law 19-171, see notes under § 2-218.13.
Editor's Notes
"District of Columbia Council statement," referred to in (17), should probably appear as "statement of the Council of the District of Columbia" or "Council statement," in view of (1)(B) and the fact that this section refers to current and ongoing Council activity.
Miscellaneous Notes
District of Columbia Tax Court abolished: The District of Columbia Tax Court, formerly referred to in paragraph (5), was abolished by § 161(a) of Pub. L. 91- 358, 84 Stat. 579, and the functions thereof are now vested in the Tax Division of the Superior Court of the District of Columbia.
Short title: Section 1081 of D.C. Law 18-223 provided that subtitle I of title I of the act may be cited as the "Legal Publications Modernization Amendment Act of 2010".
Short title: Section 6021 of D.C. Law 19-168 provided that subtitle C of title VI of the act may be cited as "District Department of Transportation Omnibus Amendment Act of 2012".
Uniform Law
This section is based upon § 1 of the Uniform Law Commissioners' Model State Administrative Procedure Act (1961 Act). See 15 Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) The Mayor and the Council shall, for the Mayor and for each subordinate agency, establish or require each subordinate agency to establish procedures in accordance with this subchapter.
(b) Each independent agency shall establish procedures in accordance with this subchapter.
(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.
(Oct. 21, 1968, 82 Stat. 1205, Pub. L. 90-614, § 4; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(r), (s), 22 DCR 2051; Mar. 29, 1977, D.C. Law 1- 96, § 3(a), (c), 23 DCR 9532b.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1503.
1973 Ed., § 1-1503.
Legislative History of Laws
For legislative history of D.C. Law 1-19, see Historical and Statutory Notes following § 2-501.
For legislative history of D.C. Law 1-96, see Historical and Statutory Notes following § 2-531.
(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 subchapter III of this chapter.
(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 subchapter III of this chapter.
(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 1 or more newspapers of general circulation when such publication is required by statute.
(Oct. 21, 1968, 82 Stat. 1206, Pub. L. 90-614, § 5; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(t)-(x), 22 DCR 2051; Mar. 29, 1977, D.C. Law 1-96, § 3(a), 23 DCR 9532b; Apr. 19, 1977, D.C. Law 1-120, § 2, 23 DCR 9924; Mar. 6, 1979, D.C. Law 2-153, § 6(a), 25 DCR 6960.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1505.
1973 Ed., § 1-1504.
Legislative History of Laws
For legislative history of D.C. Law 1-19, see Historical and Statutory Notes following § 2-501.
For legislative history of D.C. Law 1-96, see Historical and Statutory Notes following § 2-531.
Law 1-120 was introduced in Council and assigned Bill No. 1-340, which was referred to the Committee on the Judiciary and the Committee on Criminal Law. The Bill was adopted on first and second readings on November 23, 1976 and December 7, 1976, respectively. Enacted without signature by the Mayor on January 1, 1977, it was assigned Act No. 1-206 and transmitted to both Houses of Congress for its review.
Law 2-153 was introduced in Council and assigned Bill No. 2-96, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on November 28, 1978 and December 12, 1978, respectively. Signed by the Mayor on December 29, 1978, it was assigned Act No. 2-319 and transmitted to both Houses of Congress for its review.
(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 than 30 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 subchapter 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 an 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 subchapter III of this chapter. No such rule shall remain in effect longer than 120 days after the date of its adoption.
(Oct. 21, 1968, 82 Stat. 1206, Pub. L. 90-614, § 6; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(y), 22 DCR 2053; Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c), (e), 23 DCR 9532b; Apr. 12, 2000, D.C. Law 13-91, § 167, 47 DCR 520.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1506.
1973 Ed., § 1-1505.
Effect of Amendments
D.C. Law 13-91, in subsec. (a), inserted the second sentence.
Legislative History of Laws
For legislative history of D.C. Law 1-19, see Historical and Statutory Notes following § 2-501.
For legislative history of D.C. Law 1-96, see Historical and Statutory Notes following § 2-531.
Law 13-91, the "Technical Amendments Act of 1999," was introduced in Council and assigned Bill No. 13-435, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 2, 1999, and December 7, 1999, respectively. Signed by the Mayor on December 29, 1999, it was assigned Act No. 13-234 and transmitted to both Houses of Congress for its review. D.C. Law 13-91 became effective on April 12, 2000.
Uniform Law
This section is based upon §§ 3 and 6 of the Uniform Law Commissioners' Model State Administrative Procedure Act (1961 Act). See 15 Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(Oct. 21, 1968, 82 Stat. 1207, Pub. L. 90-614, § 7; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(g), 22 DCR 2048; Mar. 29, 1977, D.C. Law 1-96; § 3(a), (c); Mar. 6, 1979, D.C. Law 2-153, § 6(b), 25 DCR 6960.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., Omitted.
1973 Ed., § 1-1506.
(a) As soon as practicable after the effective date of this subchapter, 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 regulations and rules.
(b) Compilations shall be made available to the public at a price fixed by the Mayor.
(c) The Mayor must publish the 1st compilation required by subsection (a) of this section within 1 year after the effective date of this subchapter and no regulations adopted by the District of Columbia Council nor rule adopted by the Mayor or by an agency before the date of such 1st publication which has not been filed and published in accordance with this subchapter and which is not set forth in such compilation shall be in effect after 1 year after the effective date of this subchapter.
(Oct. 21, 1968, 82 Stat. 1207, Pub. L. 90-614, § 7; 1973 Ed., § 1-1506; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(g), 22 DCR 2048; Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c); Mar. 6, 1979, D.C. Law 2-153, § 6(b), 25 DCR 6960.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1507.
1973 Ed., § 1-1507.
Legislative History of Laws
For legislative history of D.C. Law 1-19, see Historical and Statutory Notes following § 2-501.
For legislative history of D.C. Law 1-96, see Historical and Statutory Notes following § 2-531.
Editor's Notes
"District of Columbia Council", appearing twice in (a) and once in (c), should probably be "Council of the District of Columbia" or "Council", in view of § 1- 1502(1)(B) and the fact that this section refers to current and ongoing Council activity.
Uniform Law
This section is based upon § 5 of the Uniform Law Commissioners' Model State Administrative Procedure Act (1961 Act). See 15 Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
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 subchapter for the 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.
(Oct. 21, 1968, 82 Stat. 1207, Pub. L. 90-614, § 9; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(ff), 22 DCR 2054; Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c), 23 DCR 9532b.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1508.
1973 Ed., § 1-1508.
Legislative History of Laws
For legislative history of D.C. Law 1-19, see Historical and Statutory Notes following § 2-501.
For legislative history of D.C. Law 1-96, see Historical and Statutory Notes following § 2-531.
Uniform Law
This section is based upon § 8 of the Uniform Law Commissioners' Model State Administrative Procedure Act (1961 Act). See 15 Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(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 determines 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. The notice shall also state that if a party or witness is deaf, or because of a hearing impediment cannot readily understand or communicate the spoken English language, the party or witness may apply to the agency for the appointment of a qualified interpreter. Unless otherwise required by law, other than this subchapter, any contested case may be disposed of by stipulation, agreed settlement, consent order, or default.
(b) In contested cases, except as may otherwise be provided by law, other than this subchapter, 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 an opportunity to show the contrary.
(c) The Mayor or the agency shall maintain an 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 subchapter. The testimony and exhibits, together with all papers and requests filed in the proceeding, and all material facts not appearing in 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 given by the Mayor or the agency, as the case may be, to each party or to his attorney of record.
(Oct. 21, 1968, 82 Stat. 1208, Pub. L. 90-614, § 10; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(gg)-(kk), 22 DCR 2054; Mar. 29, 1977, D.C. Law 1- 96, § 3(a), (c), 23 DCR 9532b; Feb. 11, 1982, D.C. Law 4-67, § 2(a), 28 DCR 5043; Jan. 28, 1988, D.C. Law 7-62, § 14(a), 34 DCR 7426.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1509.
1973 Ed., § 1-1509.
Legislative History of Laws
For legislative history of D.C. Law 1-19, see Historical and Statutory Notes following § 2-501.
For legislative history of D.C. Law 1-96, see Historical and Statutory Notes following § 2-531.
Law 4-67 was introduced in Council and assigned Bill No. 4-55, which was referred to the Committee on the Judiciary. The Bill was adopted on first and second readings on October 13, 1981 and October 27, 1981, respectively. Signed by the Mayor on November 9, 1981, it was assigned Act No. 4-113 and transmitted to both Houses of Congress for its review.
Law 7-62 was introduced in Council and assigned Bill No. 7-108, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 13, 1987 and October 27, 1987, respectively. Signed by the Mayor on November 5, 1987, it was assigned Act No. 7-95 and transmitted to both Houses of Congress for its review.
Uniform Law
This section is based upon §§ 9 and 10 of the Uniform Law Commissioners' Model State Administrative Procedure Act (1961 Act). See 15 Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(a) Any person suffering a legal wrong, or adversely affected or aggrieved, by an order or decision of the Mayor or an agency in a contested case, is entitled to a judicial review thereof in accordance with this subchapter 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 any 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 subchapter, 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 subchapter. 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, an 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 jurisdiction, authority, or limitations or short of statutory rights;
(D) Without observance of procedure required by law, including any applicable procedure provided by this subchapter; or
(E) Unsupported by substantial evidence in the record of the proceedings before the Court.
(b) 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.
(Oct. 21, 1968, 82 Stat. 1209, Pub. L. 90-614, § 11; July 29, 1970, 84 Stat. 582, Pub. L. 91-358, title I, § 162; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(ll), 22 DCR 2055; Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c), 23 DCR 9532b.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1510.
1973 Ed., § 1-1510.
Legislative History of Laws
For legislative history of D.C. Law 1-19, see Historical and Statutory Notes following § 2-501.
For legislative history of D.C. Law 1-96, see Historical and Statutory Notes following § 2-531.
Uniform Law
This section is based upon § 15 of the Uniform Law Commissioners' Model State Administrative Procedure Act (1961 Act). See 15 Uniform Laws Annotated, Master Edition, or ULA Database on Westlaw.
(Oct. 21, 1968, 82 Stat. 1209, Pub. L. 90-614, § 12; Feb. 11, 1982, D.C. Law 4-67, § 2(b), 28 DCR 5043; Jan. 28, 1988, D.C. Law 7-62, § 14(b), 34 DCR 7426.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-1511.
Legislative History of Laws
For legislative history of D.C. Law 7-62, see Historical and Statutory Notes following § 2-510.
