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Current through October 23, 2012
(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.
