§ 7-3015. Rulemaking.

Current through October 23, 2012

(a)(1) Within 180 days of July 18, 2000, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issues rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

(2)(A) Except as provided in subparagraph (B) of this paragraph, all rules promulgated pursuant to paragraph (1) of this subsection shall apply to the provisions of §§ 7-3003.01 and 7-3004(a-1).

(B) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to apply specifically to the provisions of §§ 7-3003.01 and 7- 3004(a-1). Any such rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within this 45-day review period, the proposed rules shall be deemed approved.

(b) Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.

                
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(July 18, 2000, D.C. Law 13-146, § 16, 47 DCR 4350; Aug. 16, 2008, D.C. Law 17-219, § 5002(c), 55 DCR 7598.)

HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 17-219, in subsec. (a), designated par. (1) and added par. (2).

Temporary Amendments of Section

Section 2(c) of D.C. Law 17-142, in subsec. (a), designated the existing text as par. (1), and added par. (2) to read as follows:

"(2)(A) Except as provided in subparagraph (B) of this paragraph, all rules promulgated pursuant to paragraph (1) of this subsection shall apply to the provisions of the Choice in Drug Treatment Temporary Amendment Act of 2008, passed on 2nd reading on February 5, 2008 (Enrolled version of Bill 17-566) ('temporary act').

"(B) The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to apply specifically to the provisions of the temporary act. Any such rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved."

Section 4(b) of D.C. Law 17-142 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 2(c) of Choice in Drug Treatment Emergency Amendment Act of 2008 (D.C. Act 17-280, January 29, 2008, 55 DCR 1534).

Legislative History of Laws

For Law 13-146, see notes following § 7-3001.

For Law 17-219, see notes following § 7-651.17.

Delegation of Authority

Delegation of Authority Pursuant to D.C. Law 13-146, the "Choice in Drug Treatment Act of 2000", see Mayor's Order 2002-73, April 19, 2002 (49 DCR 3737).

Resolutions

Resolution 17-738, the "Access to Recovery Program Emergency Approval Resolution of 2008", was approved effective July 15, 2008.