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Current through October 23, 2012
(a) In any case of demolition, alteration, subdivision, or new construction in which a hearing was held, the Mayor's decision on such application shall not become final until 15 days after issuance. In all applications for which a hearing is held, the Mayor's decision must be issued within 120 days after the hearing record is closed, including the filing of any required post-hearing submissions.
(b) All proceedings pursuant to this subchapter shall be conducted in accordance with the applicable provisions of Chapter 5 of Title 2.
(Mar. 3, 1979, D.C. Law 2-144, § 13, 25 DCR 6939; Apr. 29, 1998, D.C. Law 12-86, § 503(c), 45 DCR 1172; Oct. 19, 2000, D.C. Law 13-172, § 403(b), 47 DCR 6308; June 19, 2001, D.C. Law 13-313, § 20(b), 48 DCR 1873.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 5-1012.
1973 Ed., § 5-832.
Effect of Amendments
D.C. Law 13-172, in subsec. (a), substituted "120 days" for "60 days" and deleted ", or the application shall be deemed approved by the Mayor" at the end of the second sentence, and in subsec. (b), struck the second and third sentences, which had read:
"The hearing by the Review Board upon the filing of an application to designate a historic landmark shall be conducted under the contested case procedures contained in § 1-1509. Any final order of the Mayor under this act and any final order of the Review Board regarding the designation of a historic landmark shall be reviewable in the District of Columbia Court of Appeals."
D.C. Law 13-313, in subsec. (a), substituted "alteration, subdivision," for "subdivision".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see §§ 2, 3 of (D.C. Law 13-197, October 21, 2000, law notification 47 DCR 8987).
Emergency Act Amendments
For temporary (90-day) amendment of section, see § 403(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90-day) amendment of section, see §§ 2(a), (b) and 3(a), (b) of the Fiscal Year 2001 Budget Support Emergency Amendment Act of 2000 (D.C. Act 13-381, July 24, 2000, 47 DCR 6695).
For temporary (90 day) amendment of section, see § 403(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13- 438, October 20, 2000, 47 DCR 8740).
Legislative History of Laws
For legislative history of D.C. Law 2-144, see Historical and Statutory Notes following § 6-1101.
For legislative history of D.C. Law 12-86, see Historical and Statutory Notes following § 6-1103.
For Law 13-172, see notes following § 6-1103.
For D.C. Law 13-313, see notes following § 6-1102.
Editor's Notes
Because of the codification of D.C. Law 5-69 as subchapter II of this chapter, and the designation of the preexisting text of Chapter 11 as subchapter I, "subchapter" has been substituted for "chapter," where applicable, in this section.
Miscellaneous Notes
Section 20(c) of D.C. Law 13-313, amends D.C. Law 13-172 by adding a new section 403a which provides:
Sec. 403a. Applicability
"Section 403(a) and (b)(1)(A) and (B) shall apply only prospectively to hearings held by the Mayor or the Historic Preservation Board after the effective date of this title."
