§ 50-309. Panel on Consumer and Industry Concerns; quorum; adjudication and rulemaking requirements.

Current through October 23, 2012

(a) Except as provided in this section, a majority of the qualified members of the Panel on Consumer and Industry Concerns shall constitute a quorum for the transaction of business. The chairperson, or his or her designee, shall preside over all proceedings of the panel.

(b) The panel shall act in 3-member components in exercising the adjudicatory functions vested in it by § 50-307. The membership of an adjudicatory component of the panel shall consist of 2 public representatives and 1 industry representative as determined by the chairperson. The chairperson shall regularly rotate the service of panel members on the components pursuant to an established schedule. The chairperson may, when deemed appropriate, call any member of the Commission to serve on a 3-member component of the Panel on Consumer and Industry Concerns. The chairperson or his or her designee shall preside over the proceedings of the components, but shall not vote on the case or matter under adjudication. Decisions in adjudicatory cases shall be made by a majority of the component, exclusive of the presiding officer, and shall be the decision of the panel upon issuance and order.

(c) The panel, in exercising the adjudicatory and rulemaking authority vested in it by § 50-307, shall adhere to the requirements of subchapter I of Chapter 5 of Title 2, the provisions of which shall apply to the panel as an agency of government.

(d) No rule issued pursuant to § 50-307(b)(2)(B) shall be effective unless a majority of the qualified members of the Panel on Consumer and Industry Concerns has voted affirmatively for the adoption of the rule, and no proxy by a member shall be allowed.

(e) Appeals from decisions of a 3-member component of the panel shall be considered in accordance with § 50-307(b)(3). For the purposes of subchapter I of Chapter 5 of Title 2, an order of a 3-member component of the panel that is appealed to the Panel on Consumer and Industry Concerns shall not be considered final pending the consideration of the appeal by the Panel.

                
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(Mar. 25, 1986, D.C. Law 6-97, § 10, 33 DCR 703; May 10, 1988, D.C. Law 7-109, § 2(d), (e), 35 DCR 2181; May 1, 1990, D.C. Law 8-107, § 2(b), 37 DCR 1623; Sept. 22, 1994, D.C. Law 10-171, § 2(b), 41 DCR 5149; Apr. 9, 1997, D.C. Law 11-198, § 501(d), 43 DCR 4569.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 40-1709.

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 501(d) of Fiscal Year 1997 Budget Support Temporary Amendment Act of 1996 (D.C. Law 11-226, April 9, 1997, law notification 44 DCR 2584).

Emergency Act Amendments

For temporary amendment of section, see § 501(d) of the Fiscal Year 1997 Budget Support Emergency Act of 1996 (D.C. Act 11-302, July 25, 1996, 43 DCR 4181), § 501(d) of the Fiscal Year 1997 Budget Support Emergency Amendment Act of 1996 (D.C. Act 11-429, October 29, 1996, 43 DCR 6151), and § 501(d) of the Fiscal Year 1997 Budget Support Congressional Adjournment Emergency Amendment Act of 1997 (D.C. Act 12-2, February 19, 1997, 44 DCR 1590).

Legislative History of Laws

For legislative history of D.C. Law 6-97, see Historical and Statutory Notes following § 50-301.

For legislative history of D.C. Law 7-109, see Historical and Statutory Notes following § 50-306.

Law 8-59 was introduced in Council and assigned Bill No. 8-351. The Bill was adopted on first and second readings on July 11, 1989 and September 26, 1989, respectively. Signed by the Mayor on October 13, 1989, it was assigned Act No. 8-89 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 8-107, see Historical and Statutory Notes following § 50-307.

For legislative history of D.C. Law 10-171, see Historical and Statutory Notes following § 50-308.

For legislative history of D.C. Law 11-198, see Historical and Statutory Notes following § 50-305.

Effective Dates

Section 24(b) of D.C. Law 6-97 provided that sections 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, and 23 shall take effect 1 year after March 25, 1986.

Miscellaneous Notes

Law 19-184 repealed this section only "upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register." As of the most recent updated publication of this section, the certification required for Law 19-184 has not been made. Therefore the repeal has not been incorporated into this section.