Code of the District of Columbia

Subchapter I. Additional Governmental Powers and Responsibilities.


Part A. General.

§ 1–301.01. Additional powers of Mayor, Council, and Director.

(a) Waiver of business license renewal fees for personnel of armed forces. — The Council of the District of Columbia is authorized and empowered within its discretion, in accordance with such regulations as it may make, to provide for the waiver of payment by any person in the military service of the United States of any annual or other periodic fee required by law to be paid to the District of Columbia or to any District of Columbia board or commission as a condition to retaining or renewing any license or permit to engage in any business or calling or to practice any profession in the District of Columbia.

(b) Bond requirements for certain businesses; amount; termination of surety’s liability; notification by surety of payment on bond; insolvency of surety; action on bond; amount of recovery; certified copy of bond; license examination. —

(1) The Council of the District of Columbia is authorized and empowered within its discretion to make and modify, and the Mayor of the District of Columbia is authorized and empowered within his discretion to enforce, regulations requiring persons, firms, and corporations, other than utility companies, engaged within the District of Columbia in the business of plumbing or gas fitting, or of installing, maintaining, or repairing heating, ventilating, air conditioning, or mechanical refrigerating apparatus, equipment, appliances, systems, or parts thereof, or of installing, maintaining, or repairing apparatus, equipment, fixtures, appliances, or wiring, using or conducting electric current, to furnish and keep in force a bond running to the District of Columbia with corporate surety authorized by the Secretary of the Treasury to do business pursuant to § 9305 of Title 31, United States Code, or by the Insurance Department of the District of Columbia to issue surety bonds in the District of Columbia which meet the statutory capital and surplus requirements or as otherwise determined by the Mayor to be appropriate and necessary in the amount for underwriting such bonds in an amount not exceeding $5,000, conditioned upon the performance in accordance with law and regulations in force in the District of Columbia of all such work undertaken by such person, firm, or corporation, and to keep the District of Columbia harmless from the consequences of any and all acts performed by said person, firm, or corporation in connection with such business during the period covered by the said bond.

(2) The surety on any such bond may terminate its liability under such bond by giving 30 days written notice thereof, served either personally or by registered mail, to the principal and to the Mayor; and upon giving such notice the surety shall be discharged from all liability under such bond for any act or omission of the principal occurring after the expiration of 30 days from the date of service of such notice. Unless on or before the expiration of such period the principal shall duly file a new bond in like amount and conditioned as the original in substitution of the bond so terminated, the license of the principal to engage in such business shall likewise terminate upon the expiration of such period. Upon making any payment on account of its bond, the surety shall immediately notify the Mayor.

(3) In the event the surety becomes insolvent or a bankrupt, or ceases to be authorized by the Secretary of the Treasury to do business pursuant to § 8 of Title 6, United States Code [see now 31 U.S.C. § 9305], or by the Insurance Department of the District of Columbia, to do business in the District of Columbia, the principal shall, within 10 days after notice thereof, given by the Mayor, duly file a new bond in like amount and conditioned as the original, and, if the principal shall fail to do so, the license of such principal shall terminate. If a recovery be had on any bond, the principal shall restore the bond to its original amount.

(4) Any person aggrieved by the violation of any law or regulation in force in the District of Columbia relating to such business shall have, in addition to his right of action against said person, firm, or corporation, a right to bring suit against the surety on said bond, either alone or jointly with the principal thereon, and to recover in an amount not exceeding the penalty of the bond any damages sustained by reason of any act, transaction, or conduct of the principal which is in violation of law or regulation in force in the District of Columbia relating to such business: Provided, however, that nothing in this subsection shall be construed to impose upon the surety on any such bond a greater liability than the total amount thereof or the amount remaining unextinguished by any prior recovery or recoveries as the case may be.

(5) The Mayor shall furnish to anyone applying therefor a certified copy of any such bond filed with them upon payment of a fee to be fixed by the Mayor therefor, and such certified copy shall be prima facie evidence in any court that such bond was duly executed and delivered by the person, firm, or corporation whose name appears therein.

(6) The Council is further authorized to provide, in accordance with such regulations as it may prescribe, for the examination of the qualifications and fitness of all applicants for licenses to engage in any of the businesses herein enumerated by a board, consisting of not less than 2 persons who have been actively engaged in the District of Columbia for at least 5 years next preceding their appointment in the business for which license is sought (one of whom shall have been an owner or manager and one of whom shall have been an employee competent to superintend the performance of work) and not less than 1 official of the District of Columbia, appointed by the said Mayor: Provided, that nothing herein shall repeal existing law relating to the examination and licensing of master plumbers and gas fitters.

(c) Leasing powers. — The Mayor of the District of Columbia is authorized and empowered within his discretion to rent any building or land belonging to the District of Columbia or under the jurisdiction of the Mayor, or any available space therein, whenever such building or land, or space therein, is not then required for the purpose for which it was acquired, and to rent any used personal property belonging to the District of Columbia which is not then needed for the purpose for which it was acquired: Provided, that nothing contained in this subsection shall have the effect of changing in any manner Public Law No. 732, 74th Congress, entitled “An Act to authorize the operation of stands in federal buildings by blind persons, to enlarge the economic opportunities of the blind, and for other purposes”, approved June 20, 1936 (20 U.S.C. §§ 107-107f).

(d) Issuance of revocable permits for construction of tunnels, and laying of conduits and pipes. — The Mayor of the District of Columbia is authorized and empowered within his discretion to grant revocable permits upon such terms, conditions, bonds, and rentals as the Mayor may impose for the construction of tunnels, and the laying of conduits and pipes in the alleys, streets, and avenues in the District of Columbia under the jurisdiction of the Mayor.

(e) Suspension of officers and employees. — Except as otherwise provided, the Mayor of the District of Columbia is authorized and empowered within his discretion to suspend, with or without pay, any officer or employee appointed by him and, under such rules or regulations as he may prescribe, to delegate this power to any officers or employees of the District of Columbia.

(f) Name and rename highways, buildings, public places and property. — The Council of the District of Columbia is authorized and empowered within its discretion to name or change the name of a highway, circle, bridge, building, park or other public place or property as provided in §§ 9-204.01 through 9-204.09:

(1) Repealed.

(2) The name of any person shall embrace the given name or names as well as the surname of such person and shall be so noted on the records of the Council of the District of Columbia and official records filed with the Surveyor of the District of Columbia.

(g) Assess and collect fees for copies and transcripts of regulations, permits, certificates and records; disposition of moneys. — The Mayor of the District of Columbia may fix, assess, and collect fees for copies of orders, regulations, permits, certificates, and transcripts of records furnished by the District of Columbia, including, but not limited to, transcripts of records of births and deaths. Such fees shall not exceed the reasonably estimated cost of providing such copies, certificates, and transcripts, and shall be deposited into the General Fund of the District of Columbia government.

(h) Penalties for violation of rules and regulations. — The Council of the District of Columbia is authorized and empowered within its discretion, where not otherwise specifically provided, to prescribe a penalty upon conviction of a violation of any rule or regulation authorized by §§ 1-301.01 to 1-301.05 and 1-301.21 by a fine of not more than $300 or imprisonment of not more than 90 days.

(i) Purchase and sale of maps and publications; issuance without charge; delegation of authority; payment of cost. — The Mayor of the District of Columbia is authorized and empowered within his or her discretion:

(1) To purchase and sell maps and to sell copies and subscriptions of the District of Columbia Statutes-at-Large, the District of Columbia Register, the District of Columbia Municipal Regulations, other government publications, and other data and information (“government materials”), including binders for material, at prices the Mayor or his or her designated agent determines to be necessary to approximate the cost of the material, including the cost of distribution. The Mayor shall not charge the Council of the District of Columbia for copies or subscriptions of government materials or any other rule, regulation, or document that has general applicability and legal effect which the Council needs to perform its legislative responsibilities. All receipts from the sale of such material shall be deposited in the General Fund of the District of Columbia;

(2) To issue such material without charge, in the discretion of the Mayor, to officers and employees of the governments of the United States and the District of Columbia, to states, territories, and possessions of the United States, local governmental units, and foreign governments; to institutions of research and learning; to applicants for, or holders of, particular licenses issued by the District of Columbia; and to any other person when it is determined by said Mayor or his designated agent or agents that it is in the best interest of the District of Columbia to furnish such material without charge; and to delegate to the heads of departments and agencies of the government of the District of Columbia the authority likewise to make the distribution authorized by this paragraph of such material as may be purchased by the departments and agencies. Material to be distributed under the authority of this paragraph shall be supplied to the District of Columbia department or agency proposing to make such distribution, only upon payment by the department or agency of the cost thereof.

(j) Placement of orders with federal departments and agencies; payment of cost; obligations upon appropriations. — The Director of the Office of Contracting and Procurement is authorized and empowered in his discretion to place orders, if he determines it to be in the best interest of the District of Columbia, with any federal department, establishment, bureau, or office for materials, supplies, equipment, work, or services of any kind that such federal agency may be in a position to supply or be equipped to render, by contract or otherwise, and shall pay promptly by check to such federal agency, upon its written request, either in advance or upon furnishing or performance thereof, all or part of the estimated or actual costs thereof as determined by such department, establishment, bureau, or office as may be requisitioned; but proper adjustments on the basis of the actual costs of the materials, supplies or equipment furnished or work or services performed, paid for in advance, shall be made as may be agreed upon by the departments, establishments, bureaus, or offices concerned. Orders placed as provided in this subsection shall be considered as obligations upon appropriations in the same manner as orders or contracts placed with private contractors.

(j-1) Placement of orders with the Washington Metropolitan Area Transit Authority. —

(1) Notwithstanding Chapter 3A of Title 2 [§ 2-351.01 et seq.], the Mayor, or his or her delegate, may contract with the Washington Metropolitan Area Transit Authority for the provision or receipt of materials, supplies, equipment, work, or services of any kind. Contracts executed pursuant to this subsection shall be considered obligations upon appropriations in the same manner as orders or contracts executed pursuant to subsections (j) or (k) of this section.

(2) For the purposes of this subsection, the District Department of Transportation shall be an authorized delegate.

(j–2) Placement of orders with the Metropolitan Washington Council of Governments – Notwithstanding Chapter 3A of Title 2, the Mayor may contract with the Metropolitan Washington Council of Governments for the provision or receipt of materials, supplies, equipment, work, or services of any kind. Contracts executed pursuant to this subsection shall be considered obligations upon appropriations in the same manner as orders or contracts executed pursuant to subsections (j) or (k) of this section.

(k) Placement of orders with departments, offices, or agencies of the District; payment of cost; obligations upon appropriations. —

(1) The Mayor may authorize the heads of District departments, offices, and agencies to place orders with any other department, office, or agency of the District for materials, supplies, equipment, work, or services of any kind that the requisitioned department, office, or agency may be in a position to supply or equipped to render; provided, that the Chief Financial Officer shall submit quarterly to the Council and the Mayor the summary required by D.C. Official Code § 47-355.05(e), along with all Memoranda of Understanding between District agencies involving an exchange of materials, supplies, equipment, work, or services of any kind. The department, office, or agency placing any such orders shall either advance, subject to proper adjustment on the basis of actual cost, or reimburse, such department, office or agency the actual cost of materials, supplies, or equipment furnished or work or services performed as determined by such department, office, or agency as may be requisitioned. Orders placed as provided in this subsection shall be considered as obligations upon appropriations in the same manner as orders or contracts placed with private contractors.

(2) Repealed.

(l) Leases or permits for use of public space over or under 9th Street Southwest. — The Mayor of the District of Columbia is authorized and empowered in his discretion to enter into leases of, or to grant revocable permits for the use of, the public space over or under 9th Street Southwest in the District of Columbia to an extent not inconsistent with the use of such street by the general public for the purpose of travel, and in connection with any such lease or permit to impose such terms, including but not limited to the deposit of bond or other security, and to provide for the payment of such rents or fees as the Mayor may, in his discretion, determine to be necessary or desirable, but the Mayor shall, in connection with entering into a lease for, or granting a permit for, the use of public space over said Street in the District of Columbia, provide as a condition of any such lease or permit that such space shall not be used by the lessee or permittee in such manner as to deprive any real property not owned by such lessee or permittee of its easements of light, air, and access.


(Dec. 20, 1944, 58 Stat. 819, ch. 611, § 1; July 2, 1958, 72 Stat. 292, Pub. L. 85-491, §§ 1, 2; Aug. 21, 1959, 73 Stat. 414, Pub. L. 86-178, § 2; Sept. 13, 1960, 74 Stat. 881, Pub. L. 86-743, § 1; Apr. 7, 1977, D.C. Law 1-109, § 2, 23 DCR 8739; Mar. 6, 1979, D.C. Law 2-153, § 5, 25 DCR 6960; June 14, 1980, D.C. Law 3-70, § 7(b), 27 DCR 1776; July 1, 1980, D.C. Law 3-75, § 3, 27 DCR 2277; Oct. 8, 1981, D.C. Law 4-34, § 29(d), 28 DCR 3271; Mar. 10, 1983, D.C. Law 4-201, § 707, 30 DCR 148; Mar. 7, 1991, D.C. Law 8-227, § 2, 38 DCR 224; July 23, 1994, D.C. Law 10-140, § 2, 41 DCR 3053; Apr. 12, 1997, D.C. Law 11-259, § 302, 44 DCR 1423; Oct. 22, 2009, D.C. Law 18-63, § 2, 56 DCR 6601; Apr. 8, 2011, D.C. Law 18-370, § 123, 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 9020(a), 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, §§ 6032, 8002, 59 DCR 8025; Oct. 8, 2016, D.C. Law 21-160, § 3002, 63 DCR 10775.)

Prior Codifications

1981 Ed., § 1-337.

1973 Ed., § 1-244.

Section References

This section is referenced in § 1-301.05, § 1-321.02, § 5-121.01, § 10-1101.01, § 47-2844, § 47-2883.02, and § 50-603.

Effect of Amendments

D.C. Law 18-63 rewrote the first sentence of subsec. (k)(1), which had previously read: “The Director of the Office of Contracting and Procurement is authorized and empowered in his discretion to authorize any department, office, or agency of the District of Columbia government, when it is determined to be in the best interest of the District of Columbia so to do, place orders with any other department, office, or agency of the District for materials, supplies, equipment, work, or services of any kind that such requisitioned department, office, or agency may be in a position to supply or equipped to render.”

D.C. Law 18-370, in subsec. (k)(1), substituted “the Chief Financial Officer shall submit quarterly to the Council and the Mayor the summary required by D.C. Official Code § 47-355.05(e), along with all Memoranda of Understanding between” for “the Mayor shall submit annually to the Council a report of all Memoranda of Understanding between”.

D.C. Law 19-21, in subsec. (i)(1), substituted “unrestricted fund balance of the General Fund of the District of Columbia” for “General Fund”.

The 2012 amendment by D.C. Law 19-168 deleted “the unrestricted fund balance of” following “deposited in” in the last sentence of (i)(1); and added (j-1).

Cross References

Bonding of home improvement businesses, bond requirements, see § 47-2883.01 et seq.

General license law, bonding of licensees authorized to collect moneys, see § 47-2844.

Motor vehicles, installment sales, dealer bonds, limitation of actions, see § 50-603.

Private detectives, bonds, see § 5-121.01.

Public space rental and utilization, “vault” defined, see § 10-1101.01.

Emergency Legislation

For temporary (90 day) enactment, see §§ 2 to 7 of Mayor and Chairman of the Council Transition Revised Emergency Amendment Act of 2006 (D.C. Act 16-534, December 4, 2006, 53 DCR 9846).

For temporary (90 day) enactments, see §§ 2 to 7 of Mayor and Chairman of the Council Transition Revised Congressional Review Emergency Act of 2007 (D.C. Act 17-14, February 20, 2007, 54 DCR 1768).

For temporary (90 day) addition, see § 2 of Department of Parks and Recreation Budget Transparency Emergency Act of 2009 (D.C. Act 18-235, November 25, 2009, 56 DCR 9049).

For temporary (90 day) amendment of section, see § 123 of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 day) amendment of section, see § 8002 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 8002 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Temporary Legislation

Sections 2 to 7 of D.C. Law 16-216 added provisions to read as follows:

“Sec. 2. Purpose.

“This act authorizes the Mayor to take appropriate action to assure continuity in the execution of the laws and in the conduct of the legislative and executive affairs of the District of Columbia government. The purposes of this act are to provide for the orderly transfer of the:

“(1) Executive duties and responsibilities of the Executive Office of the Mayor with the expiration of the term of office of a Mayor and the assumption of those duties and responsibilities by a new Mayor; and

“(2) Legislative duties and responsibilities of the Chairman of the Council with the expiration of the term of office of a Chairman and the assumption of those duties and responsibilities by a new Chairman.

“Sec. 3. (a) The Mayor, in the discharge of his or her duties pursuant to section 422 of the District of Columbia Home Rule Act, approved December 23, 1973 (87 Stat. 790; D.C. Official Code § 1-204.22), may make available to the Mayor-elect and the Chairman-elect the following:

“(1) Office space, furniture, furnishings, office machines, and supplies, at whatever place or places within the District as the Mayor shall designate, at no cost to the Mayor-elect, the Chairman-elect, and the transition staff of each;

“(2) Compensation for the Mayor-elect’s and Chairman-elect’s transition staffs at a rate that does not exceed the rate prescribed pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1973, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-601.1 et seq.) (’Merit Personnel Act’); provided, that any person who receives compensation as a member of transition staff under this paragraph does not hold a position in, or be considered to be an employee of, the District government.

“(3) Expenses for the procurement by the Mayor-elect and Chairman-elect of services of any expert or consultant, or organization thereof;

“(4) Travel expenses or subsistence allowances, as authorized by the Mayor-elect or Chairman-elect, including rental of a governmental or hired motor vehicle at a rate not to exceed the rate authorized pursuant to the Merit Personnel Act;

“(5) Expenses incurred by the Mayor-elect and Chairman-elect for printing, binding, and duplicating;

“(6) Postage or mailing expenses incurred by the Mayor-elect and Chairman-elect consistent with the Official Correspondence Regulations, effective April 7, 1977 (D.C. Law 1-118; D.C. Official Code § 2-701 et seq.); and

“(7) Expenses for communications equipment or service.

“(b)(1) No funds authorized by this act shall be expended in connection with any obligation incurred other than by the Mayor-elect or Chairman-elect.

“(2) Obligations may be incurred by the Mayor-elect or the Chairman-elect through the seventh day following the date of the inauguration of the Mayor-elect and Chairman-elect.

“Sec. 4. The Mayor-elect and Chairman-elect shall each file a report to be prepared with appropriate supporting documentation accounting for the expenditure of funds pursuant to this act. These reports shall be submitted to the Mayor, Council, and Chief Financial Officer no later than March 31, 2007.

“Sec. 5. Upon certification by the Chief Financial Officer that appropriated funds are available and that the reprogramming of those funds has been approved by the Council, there is hereby authorized the following amounts to be made available for transition costs:

“(1) Up to $250,000 for the transition of the Mayor-elect; and

“(2) Up to $150,000 for the transition of the Chairman-elect.

“Sec. 6. (a) For the purposes of this act, the term:

“(1) ‘Chairman-elect’ means the person who is certified as the successful candidate for the office of Chairman of the Council by the District of Columbia Board of Elections and Ethics (‘Board of Elections and Ethics’) following the general election held to determine the Chairman, or for the period of time between the general election and certification, the person announced and published by the Board of Elections and Ethics as the unofficial winner of the general election for Chairman with a margin of victory of at least 3% of the votes cast as reflected in the D.C. General Election 2006, November 7, 2006, Summary Report, Unofficial Results posted on the Board of Elections and Ethics website at

“(2) ‘Mayor-elect’ means the person who is certified as the successful candidate for the office of Mayor by the Board of Elections and Ethics following the general election held to determine the Mayor, or for the period of time between the general election and certification, the person announced and published by the Board of Elections and Ethics as the unofficial winner of the general election for Mayor with a margin of victory of at least 3% of the votes cast as reflected in the D.C. General Election 2006, November 7, 2006, Summary Report, Unofficial Results posted on the Board of Elections and Ethics website at

“Sec. 7. Pursuant to section 202(j)(2) and (3)(B) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (Pub. L. No. 104-8; D.C. Official Code § 47-392.02(j)(2) and (3)(B)), an amount not to exceed $2 million may be expended from the District of Columbia 2007 Operating Cash Reserve as follows:

“(1) An amount not to exceed $1 million shall be for the Council of the District of Columbia for Council personnel and compensation costs; and

“(2) An amount not to exceed $1 million shall be for the Council of the District of Columbia for the administration of central services.”

Section 9(b) of D.C. Law 16-216 provided that the act shall expire after 225 days of its having taken effect.

Transfer of Functions

The functions of the Insurance Department were transferred to the Department of Consumer and Regulatory Affairs by Reorganization Plan No. 1 of 1983, effective March 31, 1983.

References in Text

“ Section 8 of Title 6, United States Code,” referred to in (b)(3), was repealed by Pub. L. 97-258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, 1085.

Editor's Notes

Designation of Mary Terrell—Arthur Elmes Parks: See Act of March 5, 1981, D.C. Law 3-151, 27 DCR 4905.

Designation of Blues Alley: See Act of March 5, 1981, D.C. Law 3-165, 27 DCR 5230.

Designation of Walter Houp Court: See Act of March 5, 1981, D.C. Law 3-168, 27 DCR 5365.

Designation of Community Park West: See Act of December 10, 1981, D.C. Law 4-56, 28 DCR 4650.

Designation of Ward Court: See Act of March 9, 1983, D.C. Law 4-168, 29 DCR 4987.

Designation of Anna J. Cooper Circle: See Act of March 9, 1983, D.C. Law 4-175, 29 DCR 5760.

Designation of Windom Place, Northwest: See Act of March 10, 1983, D.C. Law 4-192, 30 DCR 43.

Designation of Charles Richard Drew Bridge: See Act of May 3, 1983, D.C. Law 5-2, 30 DCR 1230.

Section 8010 of D.C. Law 19-168 provided that §§ 8002, 8003, 8004, 8005, 8006, and 8007 of the act shall apply as of September 14, 2011.

Mayor's Orders

See Mayor’s Order 92-153, December 1, 1992.

See Mayor’s Order 91-187, November 25, 1991.

Delegation of Authority

Delegation of authority, see Mayor’s Order 90-68, April 30, 1990.

Delegation of contracting authority, see Mayor’s Order 90-178, November 19, 1990.

Delegation of authority under D.C. Law 8-227, the “Sale of Government Publications Amendment Act of 1990.”, see Mayor’s Order 91-98, June 5, 1991.

Delegation of authority under D.C. Law 8-227, the “Sale of Government Publication Amendment Act of 1990.”, see Mayor’s Order 93-199, November 19, 1993.

Delegation of authority under D.C. Law 8-227, the “Sale of Government Publications Amendment Act of 1990.”, see Mayor’s Order 94-236, November 9, 1994 ( 41 DCR 7593).

Delegation of authority under D.C. Law 8-227, the “Sale of Government Publications Amendment Act of 1990.”, see Mayor’s Order 96-40, March 18, 1996 ( 43 DCR 1801).

Amendment of Mayor's Order 90-178, Delegation of Contracting Authority: See Mayor's Order 96-83, June 20, 1996 ( 43 DCR 3510).

Amendment of Mayor's Order 90-178, Delegation of Contracting Authority: See Mayor's Order 96-136, September 9, 1996 ( 43 DCR 5043).

Amendment of Mayor's Order 90-178, Delegation of Contracting Authority: See Mayor's Order 96-152, October 17, 1996 ( 43 DCR 5855).

Delegation of Authority to Approve or to Disapprove the Acquisition and Disposition of Real Estate, by Sale, Lease or Otherwise, see Mayor's Order 2003-161, November 17, 2003 ( 50 DCR 10197).

Delegation of Authority to Execute Leases and Associated Documents with Respect to Certain Real Estate, see Mayor's Order 2005-112, July 22, 2005, ( 52 DCR 8180).

Delegation of Authority to Solicit Offers, Accept Unsolicited Offers and Execute Leases and Associated Documents with Respect to the Lincoln Theatre Site, see Mayor's Order 2007-251, November 2, 2007 ( 55 DCR 200).

New Implementing Regulations

New implementing regulations: Pursuant to this section, the following new regulations were adopted in 1979: The “District of Columbia Electrical Licensing and Bonding Regulations Amendment Act of 1979” (D.C. Law 3-12, July 12, 1979, 25 DCR 10258).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402 (11, 12, 13, 14, 15) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 1–301.02. Appointment of contracting officers; powers; approval of contracts over $3,000; void contracts; liquidated damage contracts. [Repealed]

Repealed.


(Dec. 20, 1944, 58 Stat. 821, ch. 611, § 2; Aug. 16, 1949, 63 Stat. 607, ch. 438; April 12, 1997, D.C. Law 11-259, § 404, 44 DCR 1423.)

Prior Codifications

1981 Ed., § 1-339.

1973 Ed., § 1-245.

Mayor's Orders

Amendment of Mayor’s Order 90-178, Delegation of Contracting Authority; Delegation of Personnel Authority; and Establishment of Position of Administrator in the Commission on Mental Health Services: See Mayor’s Order 96-172, December 9, 1996 ( 43 DCR 6973).

Amendment of Mayor’s Order 96-172, Establishing Position of Administrator in the Commission on Mental Health Services; Appointment of Interim Administrator; Duties of Administrator: See Mayor’s Order 97-6, January 9, 1997 ( 44 DCR 357).


§ 1–301.03. Powers and duties of Director of Department of Licenses, Investigation and Inspections; delegation of authority.

The Mayor of the District of Columbia may transfer to, impose upon, and vest in the Director of the Department of Licenses, Investigation and Inspections of the District of Columbia all or any of the duties imposed upon, and all or any of the powers, rights, and authority vested in, the Inspector of Buildings of the District of Columbia, the Inspector of Plumbing of the District of Columbia, and the Electrical Engineer of the District of Columbia, by any law, and the Mayor may authorize the said Director of the Department of Licenses, Investigation and Inspections to delegate any or all of such powers to the Chief Engineer of the District of Columbia and to the Chief of Inspection of the District of Columbia and to their respective deputies when acting for them.


(Dec. 20, 1944, 58 Stat. 822, ch. 611, § 3.)

Prior Codifications

1981 Ed., § 1-340.

1973 Ed., § 1-246.

Cross References

Construction and repairs of schools, authority to oversee, see § 38-402.

Editor's Notes

Department of Inspections abolished: The Department of Inspections was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 55 of the Board of Commissioners, dated June 30, 1953, and amended August 13, 1953, and December 17, 1953, established under the direction and control of a Commissioner, a Department of Licenses and Inspections headed by a Director. The Order set out the purpose, organization, and functions of the new Department. The Order provided that all of the functions and positions of the following named organizations were transferred to the new Department of Licenses and Inspections: The Department of Inspections including the Engineering Section, the Building Inspection Section, the Electrical Section, the Elevator Inspection Section, the Fire Safety Inspection Section, the Plumbing Inspection Section, the Smoke and Boiler Inspection Section, and the Administrative Section, and similarly the Department of Weights, Measures and Markets, the License Bureau, the License Board, the License Committee, the Board of Special Appeals, the Board for the Condemnation of Dangerous and Unsafe Buildings, and the Central Permit Bureau. The Order provided that in accordance with the provisions of Reorganization Plan No. 5 of 1952, the named organizations were abolished. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions vested in the Department of Licenses and Inspection by Reorganization Order No. 55 were transferred to the Director of the Department of Economic Development by Commissioner’s Order No. 69-96, dated March 7, 1969. The Department of Economic Development was replaced by Mayor’s Order No. 78-42, dated February 17, 1978, which Order established the Department of Licenses, Investigation and Inspections. The functions of the Department of Licenses, Investigations, and Inspections were transferred to the Department of Consumer and Regulatory Affairs by Reorganization Plan No. 1 of 1983, effective March 31, 1983.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 1–301.04. Settlement for real estate acquired by purchase or condemnation.

The Mayor of the District of Columbia may, in his discretion and when he deems such action to be in the public interest, effect settlement with owners of real estate authorized to be acquired by purchase or condemnation for District of Columbia purposes, through such title company or companies in the District of Columbia as may be designated by the Mayor, and to pay from appropriations available for the acquisition of such real estate reasonable fees to cover the cost of the services rendered by such title company or companies.


(Dec. 20, 1944, 58 Stat. 822, ch. 611, § 5.)

Prior Codifications

1981 Ed., § 1-342.

1973 Ed., § 1-248.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 1–301.05. Power conferred by §§ 1-301.01 to 1-301.04 as additional.

The power and authorities conferred by §§ 1-301.01 to 1-301.04 are to be construed as in addition to and not by way of limitation of the powers now vested by law in the Mayor of the District of Columbia.


(Dec. 20, 1944, 58 Stat. 822, ch. 611, § 6.)

Prior Codifications

1981 Ed., § 1-343.

1973 Ed., § 1-249.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


Part B. Subpoenas, Administration of Oaths, and Documents Concerning Police Officers and Firefighters.

§ 1–301.21. Subpoena power.

(a)(1) The Mayor of the District of Columbia shall have the power to issue subpoenas to compel witnesses to appear and testify and/or to produce all books, records, papers, or documents in any investigation or examination of any municipal matter with respect to functions transferred to the Mayor by Reorganization Plan No. 3 of 1967 or by the District of Columbia Home Rule Act (Chapter 2 of this title): Provided, that witnesses other than those employed by the District of Columbia subpoenaed to appear before the Mayor shall be entitled to reasonable fees as established by regulations issued by the Mayor of the District of Columbia, but said fees need not be tendered said witnesses in advance of their appearing and testifying and/or producing books, records, papers, or documents.

(2) For the purposes of this subsection, the term “municipal matter” means personnel matters concerning police officers and firefighters of the District of Columbia.

(b) Any willful false swearing on the part of any witness before the Mayor of the District of Columbia as to any material fact shall be deemed perjury and shall be punished in the manner prescribed by law for such offense.

(c) If any witness having been personally summoned shall neglect or refuse to obey the subpoena issued pursuant to subsection (a) of this section, then, in that event, the Mayor of the District of Columbia may report that fact to the Superior Court of the District of Columbia or one of the judges thereof and said Court, or any judge thereof, is empowered to compel obedience to said subpoena to the same extent as witnesses may be compelled to obey the subpoenas of that Court.

(d) The Mayor of the District of Columbia is authorized to administer oaths to witnesses summoned in any investigation or examination as set out in subsection (a) of this section.


(Sept. 26, 1980, D.C. Law 3-109, § 3, 27 DCR 3785; Apr. 30, 1988, D.C. Law 7-104, § 33, 35 DCR 147; June 3, 2011, D.C. Law 18-376, § 2, 58 DCR 944; Sept. 26, 2012, D.C. Law 19-171, § 3, 59 DCR 6190.)

Prior Codifications

1981 Ed., § 1-338.

Section References

This section is referenced in § 7-703.02, § 32-508, and § 41-130.

Effect of Amendments

D.C. Law 18-376, in subsec. (a), designated the existing text as par. (1) and added par. (2).

The 2012 amendment by D.C. Law 19-171 substituted “this subsection” for “this part” in (a)(2).

Cross References

Disposition of unclaimed property, reports and records, see § 41-130.

Family and medical leave, records, investigations, see § 32-508.

Long-term care ombudsman program, records, permitted access, see § 7-703.02.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Metropolitan Police Department Subpoena Limitation Emergency Amendment Act of 2009 (D.C. Act 18-5, January 30, 2009, 56 DCR 1629).

Temporary Legislation

Section 2 of D.C. Law 18-2 added subsec. (a-1) to read as follows:

“(a-1) Notwithstanding subsection (a) of this section, the Metropolitan Police Department or its agents shall not issue subpoenas in pursuance of criminal investigations.”

Section 4(b) of D.C. Law 18-2 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Delegation of subpoena power, see Mayor’s Order 88-31, February 11, 1988.

Delegation of Subpoena Power to Implement the Parental Leave Act of 1994: See Mayor’s Order 97-137, August 1, 1997 ( 44 DCR 4551).

Delegation of Authority

Delegation of authority to the Inspector General to issue subpoenas & to administer oaths in any investigation or examination of municipal matters: See Mayor’s Order 90-146, October 31, 1990.

Delegation of Authority to the Chief, Metropolitan Police Department to Issue Subpoenas and to Administer Oaths in Any Investigation of Examination of Municipal Matters, see Mayor’s Order 2008-154, November 7, 2008 ( 55 DCR 12535).

Delegation of Authority to the Attorney General to Issue Subpoenas and to Administer Oaths in Any Criminal Investigation, see Mayor’s Order 2009-5, January 16, 2009 ( 56 DCR 2019).


§ 1–301.22. Administration of oaths.

The Mayor of the District of Columbia, the Chairman of the Council of the District of Columbia, and the members of the Council of the District of Columbia may administer oaths as part of their official responsibilities. No fee shall be collected for the administration of such oaths, and the power to administer such oaths shall not be utilized for personal purposes.


(May 19, 1982, D.C. Law 4-108, § 2, 29 DCR 1413.)

Prior Codifications

1981 Ed., § 1-338.1.

Cross References

Council’s authority, power to investigate, issue subpoenas, and administer oaths, see § 1-204.13.


§ 1–301.23. Executive Secretary authorized to execute certain documents.

It shall be lawful for the Executive Secretary of the District of Columbia, or in his absence or upon his inability to act, such person as said Mayor may designate, when so directed by said Mayor, to execute in the name of the District of Columbia or of said Mayor, by attaching thereto his signature as such Secretary and affixing when requisite the seal of said District, any deed, contract, pleading, lease, release, regulation, notice, or other paper, which prior to February 11, 1932, said Mayor was required to execute by subscribing thereto his signature: Provided, that prior to such signing, and sealing if requisite, said deed, contract, pleading, lease, release, regulation, notice, or other paper shall first have been considered and approved by said Mayor, and evidence of such consideration and approval shall be reduced to writing and recorded in the minutes of said Mayor, which minutes shall thereafter be signed by said Mayor.


(Feb. 11, 1932, 47 Stat. 48, ch. 40.)

Prior Codifications

1981 Ed., § 1-303.

1973 Ed., § 1-214.

Cross References

Industrial home school site, instruments of transfer, see § 10-803.

Editor's Notes

Office of Secretary to Board of Commissioners abolished: The Office of the Secretary to the Board of Commissioners of the District of Columbia was abolished and the functions thereof transferred to the Board of Commissioners by Reorganization Plan No. 5 of 1952. Reorganization Order No. 41 of the Board of Commissioners, dated June 23, 1953, established as part of the Executive Office of the Board of Commissioners under the direction and control of the Board, an Office of the Secretary to the Board of Commissioners to perform ministerial duties for the Board. The Order described the purpose and functions of the Office of Secretary, and provided that the functions and positions of the previously existing Office of the Secretary to the Board be transferred to the new Office, and that the previously existing Office of the Secretary be abolished. This Order was issued pursuant to Reorganization Plan No. 5 of 1952. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Organization Order No. 2, Commissioner’s Order No. 67-23, dated December 13, 1967, as amended, established within the Executive Office of the Commissioner, a Secretariat headed by an Executive Secretary. The Order transferred to the Secretariat certain functions, including the duties, powers and authorities of all officers and employees performing such functions and assigned to the Office of the Secretary as it existed immediately prior to December 13, 1967, and revoked all other orders inconsistent therewith.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


Part C. The Council.

§ 1–301.41. Definitions.

(a) “Council” shall mean the Council of the District of Columbia.

(b) “Legislative duties” shall include the responsibilities of each member of the Council in the exercise of such member’s functions as a legislative representative, including but not limited to: Everything said, written or done during legislative sessions, meetings, or investigations of the Council or any committee of the Council, and everything said, written, or done in the process of drafting and publishing legislation and legislative reports.

(c) “Threatening letter or communication” shall mean any letter or communication which reasonably indicates an earnest intention or determination to inflict injury upon someone or something of value.


(June 8, 1976, D.C. Law 1-65, § 2, 22 DCR 7150.)

Prior Codifications

1981 Ed., § 1-222.

1973 Ed., § 1-141a.


§ 1–301.42. Legislative immunity.

For any speech or debate made in the course of their legislative duties, the members of the Council shall not be questioned in any other place.


(June 8, 1976, D.C. Law 1-65, § 3, 22 DCR 7151.)

Prior Codifications

1981 Ed., § 1-223.

1973 Ed., § 1-141b.


§ 1–301.43. Obstruction of Council proceedings and investigations; penalty.

Whoever, corruptly or by threat or force, or by any threatening letter or communication, endeavors to influence, intimidate, or impede any witness in any proceeding pending before the Council, or in connection with any inquiry or investigation being had by the Council, or any committee of the Council, or any joint committee of the Council; or whoever injures any party or witness in his person or property on account of his attending or having attended such proceeding, inquiry, or investigation, or on account of his testifying or having testified to any matter pending therein; or whoever willfully removes from any place, conceals, destroys, mutilates, alters, or by other means falsifies any documentary material which is the subject of a subpoena lawfully issued by the Council, or any committee of the Council; or whoever, corruptly, or by threats or force, or by any threatening letter or communication, influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which such proceeding is being had before the Council, or the due and proper exercise of the power of inquiry under which such inquiry or investigation is being had by the Council, or any committee of the Council, or any joint committee of the Council; shall be fined not more than $2,000 or imprisoned not more than 2 years, or both.


(June 8, 1976, D.C. Law 1-65, § 4, 22 DCR 7151.)

Prior Codifications

1981 Ed., § 1-224.

1973 Ed., § 1-141c.


§ 1–301.44. Independence established and recognized.

(a) The Council of the District of Columbia (“Council”) administratively establishes itself, as authorized in subchapter IV of Chapter 2 of this title, as an independent and coordinate branch of the District of Columbia government.

(b) The Council recognizes the principle of separation of powers in the structure of the District of Columbia government.

(c) The Council shall, following receipt of the report of the study committee established by § 3, adopt such acts and resolutions to implement the organizational and administrative independence of the Council.


(July 24, 1982, D.C. Law 4-127, § 2, 29 DCR 2396.)

Prior Codifications

1981 Ed., § 1-227.1.

References in Text

“Section 3”, referred to in subsection (c) of this section, is § 3 of D.C. Law 4-127.

Editor's Notes

Study committee established: Section 3 of D.C. Law 4-127 provided for the establishment of a 5-member study committee to study the organizational and administrative independence of the Council as a coordinate branch of the District of Columbia government. Section 4 of D.C. Law 4-127 outlined the responsibilities of the study committee.


§ 1–301.44a. Independence of legislative branch information technology.

(a) No person, including an employee or contractor of the Office of the Chief Technology Officer, or individual employed by or acting on behalf of an official of the Executive branch of the District of Columbia government, shall monitor, access, review, intercept, obtain, use, or disclose to any person or entity a record or electronic communication of a legislative branch agency without the prior express written consent of the Chairman of the Council or the District of Columbia Auditor for their electronic communications.

(b) For the purposes of this section and § 1-301.44b the term:

(1) “Electronic communication” means any transfer of signs, signals, writing, images, sounds, data, voice, or intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photooptical system, including electronic mail, telecommunications, and wireless or wired network communications.

(2) “Legislative branch agency” means the Council of the District of Columbia and the District of Columbia Auditor.

(c) Persons violating this section shall be subject to a fine of not more than $10,000 or imprisonment of not more than 5 years, or both; provided, that this section shall not apply to the contents of any communication that has been disclosed publicly by the legislative branch agency.


(July 24, 1982, D.C. Law 4-127, § 2a; as added Mar. 3, 2010, D.C. Law 18-111, § 1101, 57 DCR 181; Sept. 26, 2012, D.C. Law 19-171, § 6, 59 DCR 6190.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 made a technical correction to D.C. Law 18-11 which did not affect this section as codified.

Emergency Legislation

For temporary (90 day) addition, see § 1101 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) addition, see § 1101 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Short title: Section 1100 of D.C. Law 18-111 provided that subtitle K of title I of the act may be cited as the “Independence of Legislative Branch Information Technology and Personnel Authority Amendment Act of 2009”.

Delegation of Authority

Delegation of Rulemaking Authority for DC One Card Fees, see Mayor’s Order 2011-119, July 14, 2011 ( 58 DCR 6112).


§ 1–301.44b. Legislative branch information technology acquisition.

(a) A legislative branch agency may invest in, acquire, use, and manage, independent of the Executive branch, information technology and telecommunications systems and resources, including hardware, software, and contract services.

(b) A legislative branch agency may, independent of the Executive branch, establish, acquire, maintain, and manage electronic mail messaging systems and services, internet access services, and information technology security systems and services.


(July 24, 1982, D.C. Law 4-127, § 2b; as added Mar. 3, 2010, D.C. Law 18-111, § 1101, 57 DCR 181; Sept. 26, 2012, D.C. Law 19-171, § 6, 59 DCR 6190.)

Section References

This section is referenced in § 1-301.44a.

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 made a technical correction to D.C. Law 18-11 which did not affect this section as codified.

Emergency Legislation

For temporary (90 day) addition, see § 1101 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) addition, see § 1101 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).


§ 1–301.44c. Disclosure of information to the Council; District of Columbia Auditor; conditions on disclosure.

(a) Notwithstanding any other provision of law, no document or information that the following persons or entities have requested for the purpose of performing their official duties shall be withheld by a subordinate or independent agency, instrumentality, board, or commission, or by an official or employee thereof, based upon a statutory or regulatory provision restricting or prohibiting disclosure to the general public:

(1) The Council;

(2) A Council committee;

(3) A member of the Council acting in an official capacity;

(4) The District of Columbia Auditor; or

(5) An employee of the Office of the District of Columbia Auditor.

(b) Documents or information obtained under subsection (a) of this section shall remain subject to the underlying statutory restrictions and shall not be disclosed to the public or any third party unless permitted by that statute.

(c) Documents or information shall not be disclosed to the Council under subsection (a) of this section if:

(1) A District statute expressly prohibits disclosure of the information to the Council; or

(2) A federal law or regulation requires that the information be withheld from disclosure to the Council in such a manner that it leaves no discretion on the issue.

(d) Disclosure of documents or information under subsection (a) of this section shall not constitute a waiver of any privilege or exemption that otherwise could lawfully be asserted by the District of Columbia to prevent disclosure to the general public or in a judicial or administrative proceeding.


(July 24, 1982, D.C, Law 4-127, § 2a; as added Mar. 11, 2010, D.C. Law 18-119, § 2, 57 DCR 906; renumbered as § 2c, Sept. 26, 2012, D.C. Law 19-171, § 7, 59 DCR 6190.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 redesignated D.C. Law 4-127, § 2a as D.C. Law 4-127, § 2c.


§ 1–301.45. Construction of terms set forth in acts and resolutions.

For the purposes of any act or resolution of the Council of the District of Columbia, unless specifically provided otherwise:

(1) Words importing the singular include and apply to several persons, parties, or things.

(2) Words importing the plural include the singular.

(3) With regard to resolutions, words importing 1 gender include and apply to the other gender as well.

(4) Words used in the present tense include the future as well as the present.

(5) The words “person” and “whoever” include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals.

(6) “Officer” includes any person authorized by law to perform the duties of the office.

(7) “Signature” or “subscription” includes a mark when the person making it intended that mark as such.

(8) “Oath” includes affirmation, and “sworn” includes affirmed.

(9) “Writing” includes printing and typewriting and reproductions of visual symbols by photographing, multigraphing, mimeographing, manifolding, or otherwise.

(10) The words “include” and “including” mean “includes, but not limited to” and “including, but not limited to”.

(11) Words such as “stepparent,” “stepmother,” “stepfather,” “stepchild,” “stepsister,” and “stepbrother” are used to indicate a category of a family step-relationship created when an individual who is a parent of a child:

(A) Marries an individual who is not a parent of that child; or

(B) Becomes a domestic partner of an individual who is not a parent of that child by registering the domestic partnership pursuant to § 32-702.


(Sept. 23, 1975, D.C. Law 1-17, § 2, 22 DCR 1990; June 4, 1982, D.C. Law 4-111, § 2(b), 29 DCR 1684; Apr. 7, 2006, D.C. Law 16-91, § 105, 52 DCR 10637; Sept. 12, 2008, D.C. Law 17-231, § 2, 55 DCR 6758.)

Prior Codifications

1981 Ed., § 1-230.

1973 Ed., § 1-146a.

Section References

This section is referenced in § 9-1115.03.

Effect of Amendments

D.C. Law 16-91 added par. (10).

D.C. Law 17-231 added par. (11).

Cross References

General rules of construction, see § 45-601 et seq.

Woodrow Wilson Bridge and Tunnel Compact, see § 9-1115.03.


§ 1–301.46. Enacting and resolving clauses in acts and resolutions; numbering of sections.

(a) Each act of the Council of the District of Columbia shall have an enacting clause only in the 1st section of each act and such enacting clause shall be in the following form: “Be it enacted by the Council of the District of Columbia,”.

(b) Each resolution of the Council of the District of Columbia shall have a resolving clause in the following form: “Resolved, by the Council of the District of Columbia,”.

(c) Each section of each act or resolution shall be numbered consecutively.


(Sept. 23, 1975, D.C. Law 1-17, § 3, 22 DCR 1991.)

Prior Codifications

1981 Ed., § 1-231.

1973 Ed., § 1-146b.


§ 1–301.47. Definition of terms set forth in acts and resolutions.

For the purposes of any act or resolution of the Council of the District of Columbia, unless specifically provided otherwise:

(1) The term “Council” means the Council of the District of Columbia established under § 1-204.01.

(2) The term “Mayor” means the Mayor of the District of Columbia established under § 1-204.21.

(3) The term “Act” means an Act of the Congress.

(4) The term “act” means an act of the Council.

(5) The term “District” means the District of Columbia.


(Sept. 23, 1975, D.C. Law 1-17, § 4, 22 DCR 1992; Mar. 13, 2004, D.C. Law 15-105, § 105, 51 DCR 881.)

Prior Codifications

1981 Ed., § 1-232.

1973 Ed., § 1-146c.

Effect of Amendments

D.C. Law 15-105 added par. (5).


§ 1–301.47a. Fiscal impact statements.

(a) Bills and resolutions. —

(1) In general. — Notwithstanding any other law, except as provided in subsection (c) of this section, all permanent bills and resolutions shall be accompanied by a fiscal impact statement before final adoption by the Council.

(2) Contents. — The fiscal impact statement shall include the estimate of the costs which will be incurred by the District as a result of the enactment of the measure in the current and each of the first four fiscal years for which the act or resolution is in effect, together with a statement of the basis for such estimate.

(b) Appropriations. — Permanent and emergency acts which are accompanied by fiscal impact statements which reflect unbudgeted costs, shall be subject to appropriations prior to becoming effective.

(c) Applicability. — Subsection (a) of this section shall not apply to:

(1) Emergency declaration resolutions;

(2) Ceremonial resolutions;

(3) Confirmation or appointment resolutions;

(4) Sense of the Council resolutions; and

(5) Resolutions that express simple determinations, decisions, or directions of the Council of a special or temporary character as provided for in § 1-204.12(a).


(Sept. 23, 1975, D.C. Law 1-17, § 4a; as added Oct. 16, 2006, 120 Stat. 2038, Pub. L. 109-356, § 204; Mar. 25, 2009, D.C. Law 17-353, § 207, 56 DCR 1117; Dec. 13, 2017, D.C. Law 22-33, § 1082, 64 DCR 7652.)

Section References

This section is referenced in § 1-204.24d.

Effect of Amendments

D.C. Law 17-353, in the section credit, validated a previously made technical correction.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1082 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 1082 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of section, see § 3 of the Fiscal Year 2016 Second Budget Support Clarification Emergency Amendment Act of 2015 (D.C. Act 21-202, Nov. 23, 2015, 62 DCR 15276).

For temporary (90 days) amendment of this section, see § 3 of the Fiscal Year 2016 Budget Support Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-307, Feb. 18, 2016, 63 DCR 2182).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).


§ 1–301.48. Seal.

The Council of the District of Columbia shall, by resolution, adopt an official seal, which shall be judicially noted.


(May 22, 1981, D.C. Law 4-3, § 2, 28 DCR 1422.)

Prior Codifications

1981 Ed., § 1-235.


§ 1–301.49. Council record reproduction fees authorized.

Pursuant to § 1-207.42, the Secretary to the Council of the District of Columbia may establish and collect reasonable fees for the reproduction of transcripts or transcriptions of legislative meetings, committee meetings, legislative hearings, investigative hearings, and any other records that are part of the Council of the District of Columbia’s official legislative files.


(July 17, 1985, D.C. Law 6-6, § 2, 32 DCR 2954.)

Prior Codifications

1981 Ed., § 1-236.

Emergency Legislation

For temporary (90 day) disclosure of District of Columbia government documents to the Council, see § 2 of Disclosure of Information to the Council Emergency Act of 2004 (D.C. Act 15-354, February 18, 2004, 51 DCR 2319).


Part D. The Mayor.

§ 1–301.61. Submission of statement of impact of proposed acts on taxpayers.

The Mayor shall submit to the Council of the District of Columbia, simultaneously with any proposed revenue measure or proposed act, a detailed statement with supporting data concerning the direct and indirect impact of the measure or bill upon those taxpayers who will be directly or indirectly affected by the measure or act.


(Apr. 19, 1977, D.C. Law 1-124, title IX, § 902, 23 DCR 8749.)

Prior Codifications

1981 Ed., § 1-243.

1973 Ed., § 1-162a.


§ 1–301.62. District elements of comprehensive plan prepared; purposes. [Recodified]

Recodified as § 1-306.01.



§ 1–301.63. Mayor to submit proposed Land Use Element and map; submission of amendments to District elements of comprehensive plan; specifications; approval. [Recodified]

Recodified as § 1-306.02.



§ 1–301.64. Mayor to propose ward plans; updated plans; public hearing; transmission to Council for adoption. [Recodified]

Recodified as § 1-306.03.



§ 1–301.65. Preserving and ensuring community input. [Recodified]

Recodified as § 1-306.04.



§ 1–301.66. Publication of the Comprehensive Plan. [Recodified]

Recodified as § 1-306.05.



§ 1–301.67. Review of building, construction, or public space permits. [Recodified]

Recodified as § 1-306.06.



§ 1–301.68. Zoning conformity. [Recodified]

Recodified as § 1-306.07.



§ 1–301.69. Abolition or consolidation of offices; reduction of employees; appointments to and removal from office.

The Mayor of the District of Columbia is hereby authorized to abolish any office, to consolidate 2 or more offices, reduce the number of employees, remove from office, and make appointments to any office under him authorized by law.


(June 11, 1878, 20 Stat. 104, ch. 180, § 3.)

Prior Codifications

1981 Ed., § 1-309.

1973 Ed., § 1-216.

Cross References

Mayor’s authority, suspension of officers and employees, see § 1-301.01.

Transfer of Functions

Reorganization Order No. 3 of the Board of Commissioners, dated August 28, 1952, established in the government of the District of Columbia under the direction and control of the Board of Commissioners, a Department of General Administration headed by a Director. The Order transferred to the Director of General Administration all of the functions and positions of the District Personnel Board. Reorganization Order No. 21 of the Board, dated November 20, 1952, established a Personnel Office in the Department of General Administration and provided that the functions previously vested in the Board of Commissioners by law or transferred to the Board by Reorganization Plan No. 5 of 1952. Reorganization Order No. 40 of the Board of Commissioners, dated June 23, 1953, established the Executive Office of the Board of Commissioners under the direction and control of the Board of Commissioners to provide special and clerical assistance to the Board. The Order transferred to the new Executive Office all of the functions and positions of the previously existing Executive Office of the Board of Commissioners which the Order abolished. This Order was issued pursuant to Reorganization Plan No. 5 of 1952. The above cited Reorganization Orders were revoked by Organization Order No. 2 of the Commissioner, dated December 13, 1967, which established the Executive Office of the Commissioner for the purpose of providing such managerial, budgetary, personnel, secretarial, informational and special assistance as the Commissioner may require in the administration of the Government of the District of Columbia. Certain functions set forth in this Order subsequently were transferred by Commissioner’s Order Nos. 69-96, 71-270, and 71-307, and by Organization Order No. 30.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 1–301.70. Taxes not to be anticipated by sale or hypothecation.

The Mayor of the District of Columbia shall have no power to anticipate taxes by a sale or hypothecation of any such taxes or evidences thereof.


(June 11, 1878, 20 Stat. 104, ch. 180, § 3.)

Prior Codifications

1981 Ed., § 1-310.

1973 Ed., § 1-219.

Cross References

Borrowing, issuance of revenue anticipation notes by Council, see § 1-204.72.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.11(a)), appropriate changes in terminology were made in this section.


§ 1–301.71. Hack stands — Location.

The Mayor of the District of Columbia shall have power to locate the places where hacks shall stand and change them as often as the public interests require.


(June 11, 1878, 20 Stat. 104, ch. 180, § 3.)

Prior Codifications

1981 Ed., § 1-312.

1973 Ed., § 1-221.

Cross References

Mayor’s authority, regulation of hack stands, see § 50-2201.03.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 1–301.72. Hack stands — Adjoining railroad stations; rates of charges. [Repealed]

Repealed.


(June 7, 1898, 30 Stat. 747, Res. No. 46; Mar. 25, 1986, D.C. Law 6-97, § 22(c), 33 DCR 703.)

Prior Codifications

1981 Ed., § 1-313.

1973 Ed., § 1-222.


§ 1–301.73. Rates for public vehicles to be fixed by Mayor. [Repealed]

Repealed.


(Mar. 3, 1909, 35 Stat. 724, ch. 250; Mar. 25, 1986, D.C. Law 6-97, § 22(c), 33 DCR 703.)

Prior Codifications

1981 Ed., § 1-314.

1973 Ed., § 1-223.


§ 1–301.74. Authority to fix certain licensing and registration fees.

The Mayor of the District of Columbia is authorized and empowered to fix from time to time, in accordance with § 1-301.75, the fees authorized to be charged by §§ 3-1623 [repealed], 3-1711 [repealed], 3-2019 [repealed], 3-2114 [repealed], 3-2115 [repealed], 3-2124 [repealed], 3-2127 [repealed], 3-2128 [repealed], 3-2905 [repealed], 3-2920 [repealed], 3-2301.04 [repealed], 3-2301.06 [repealed], 3-2301.08 [repealed], 3-2414 [repealed], 3-2418 [repealed], 3-2505 [repealed], 3-2609 [repealed], 3-2610 [repealed], 47-2886.13, 3-2704 [repealed], 47-2712, 47-2718 and 47-2843 [repealed].


(June 5, 1953, 67 Stat. 43, ch. 101, § 1; Mar. 10, 1983, D.C. Law 4-209, § 35(c), 30 DCR 390; June 22, 1983, D.C. Law 5-14, § 206(b), 30 DCR 2632.)

Prior Codifications

1981 Ed., § 1-346.

1973 Ed., § 1-252.

Section References

This section is referenced in § 1-301.75.

Cross References

Boxing and wrestling commission, fees for permits and licenses, see § 3-606.

Electrical fees, schedules, see § 47-2712.

Public space permits, fee schedules, see § 47-2718.

References in Text

Section 3-1623 was repealed by D.C. Law 9-184, § 604, 39 DCR 8208, effective March 13, 1992.

Sections 3-1711 and 3-2019 were repealed by D.C. Law 9-245, § 38, 40 DCR 660, effective March 17, 1993.

Sections 3-2114, 3-2128, 3-2905, 3-2920, 3-2301.04, 3-2301.08, 3-2414, 3-2418, 3-2609, 3-2610, were repealed by D.C. Law 6-99, § 1104, effective March 26, 1986.

Section 47-2843 was repealed by D.C. Law 5-84, § 22(a), effective May 22, 1984.

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 1-1201.


§ 1–301.75. Increase or decrease of fees authorized in § 1-301.74.

The Mayor of the District of Columbia may after public hearing increase or decrease the fees authorized to be charged by each of the sections listed in § 1-301.74 to such amounts as may, in the judgment of the Mayor, be reasonably necessary to defray the approximate cost of administering each of said sections.


(June 5, 1953, 67 Stat. 43, ch. 101, § 2; June 22, 1983, D.C. Law 5-14, § 206(c), 30 DCR 2632.)

Prior Codifications

1981 Ed., § 1-347.

1973 Ed., § 1-253.

Section References

This section is referenced in § 1-301.74.

Cross References

Electrical fees, schedules, see § 47-2712.

Public space permits, fee schedules, see § 47-2718.

Editor's Notes

Mayor authorized to issue rules: See Historical and Statutory Notes following § 1-1201.


§ 1–301.76. Power to grant pardons and respites; commissioning of officers; execution of laws.

The Mayor of the District of Columbia may grant pardons and respites for offenses against the late corporation of Washington, the ordinances of Georgetown and the levy court, the laws enacted by the Legislative Assembly, and the police and building regulations of the District. He shall commission all officers appointed under the laws of the District, and shall take care that the laws be faithfully executed.


(R.S., D.C., § 6; June 20, 1874, 18 Stat. 116, ch. 337, § 2; June 11, 1878, 20 Stat. 103, ch. 180, § 2; Apr. 28, 1892, 27 Stat. 22, ch. 55; 1967 Reorg. Plan No. 3, § 401, 81 Stat. 951.)

Prior Codifications

1981 Ed., § 1-311.

1973 Ed., § 1-220.

Emergency Legislation

For temporary (90 day) amendment of section, see § 4002 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 1–301.77. Prohibition on Capital Funds for Operating Expenses.

The Mayor shall not expend any moneys borrowed for capital projects for operating expenses of the District of Columbia government.


(Apr. 3, 2001, D.C. Law 13-226, § 4(d), 48 DCR 1603.)

Emergency Legislation

For temporary (90 day) addition of section, see § 4(d) of the Redevelopment Land Agency Disposition Review Congressional Review Emergency Act of 2000 (D.C. Act 13-524, January 11, 2001, 48 DCR 624).

For temporary (90 day) addition of section, see § 2(b) of the Redevelopment Land Agency Disposition Fiscal Year 2001 Budget Support Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-563, January 31, 2001, 48 DCR 1625).


§ 1–301.78. Grants for planning and planning implementation purposes. [Transferred]

Recodified as § 1-328.02.


(Sept. 24, 2010, D.C. Law 18-223, § 2212, 57 DCR 6242.)

Section References

This section is referenced in § 1-301.79.


Part D-i. Attorney General for the District of Columbia.

§ 1–301.81. Duties of the Attorney General for the District of Columbia.

(a)(1) The Attorney General for the District of Columbia (“Attorney General”) shall have charge and conduct of all law business of the said District and all suits instituted by and against the government thereof, and shall possess all powers afforded the Attorney General by the common and statutory law of the District and shall be responsible for upholding the public interest. The Attorney General shall have the power to control litigation and appeals, as well as the power to intervene in legal proceedings on behalf of this public interest.

(2) The Attorney General shall furnish opinions in writing to the Mayor and the Council whenever requested to do so. All requests for opinions from agencies subordinate to the Mayor shall be transmitted through the Mayor. The Attorney General shall keep a record of requests, together with the opinions. Those opinions of the Attorney General issued pursuant to Reorganization Order No. 50 shall be compiled and published by the Attorney General on an annual basis.

(3) By October 1, 2017, the Attorney General shall develop a pilot program, in collaboration with community partners, to provide victim-offender mediation as an alternative to the prosecution of juveniles in cases deemed appropriate by the Attorney General; provided, that participation in the mediation pilot program established pursuant to this paragraph shall be voluntary for both the victim and the offender.

(b) The authority provided under this section shall not be construed to deny or limit the duty and authority of the Attorney General as heretofore authorized, either by statute or under common law.


(May 27, 2010, D.C. Law 18-160, § 101, 57 DCR 3012; Apr. 4, 2017, D.C. Law 21-238, § 302, 63 DCR 15312; Dec. 13, 2017, D.C. Law 22-33, § 3102, 64 DCR 7652.)

Section References

This section is referenced in § 1-1001.02.

Applicability

Section 7026 of D.C. Law 22-33 amended § 701(a) of D.C. Law 21-238, removing the applicability restriction impacting this section. Therefore the changes made to this section by D.C. Law 21-238 have been implemented.

Applicability of D.C. Law 21-238: § 701 of D.C. Law 21-238 provided that the change made to this section by § 302 of D.C. Law 21-238 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of § 701|(a) of D.C. Law 21-238, see § 7026 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 3102 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of § 701|(a) of D.C. Law 21-238, see § 7026 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 3102 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


§ 1–301.82. Appointment of the Attorney General.

(a) Until such time as an Attorney General is elected under § 1-204.35, the Attorney General for the District of Columbia shall be appointed by the Mayor with the advice and consent of the Council pursuant to § 1-523.01.

(b) The Attorney General shall:

(1) Serve a 4-year term to coincide with the term for Mayor; and

(2) Be eligible for reappointment by the Mayor with the advice and consent of the Council, and may serve in a holdover capacity at the expiration of his or her term pursuant to § 1-523.01(c).

(c) This section shall not apply to the incumbent Attorney General on May 27, 2010.


(May 27, 2010, D.C. Law 18-160, § 102, 57 DCR 3012; Dec. 13, 2013, D.C. Law 20-60, § 201, 60 DCR 15487; Feb. 26, 2015, D.C. Law 20-155, § 1163, 61 DCR 9990.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 rewrote (a) which read “Until such time as an Attorney General is elected under § 1-204.35, the Attorney General for the District of Columbia shall be appointed by the Mayor with the advice and consent of the Council pursuant to § 1-523.01.”

The 2015 amendment by D.C. Law 20-155 deleted “which time shall not be before January 1, 2018” following “under § 1-204.35” in (a).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1163 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 1163 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 1163 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(b) of D.C. Law 20-60 provided that § 201 of the act shall apply as of December 13, 2013.


§ 1–301.83. Minimum qualifications and requirements for Attorney General.

(a) No person shall hold the position of Attorney General for the District of Columbia unless that person:

(1) Is a registered qualified elector as defined in § 1-1001.02(20);

(2) Is a bona fide resident of the District of Columbia;

(3) Is a member in good standing of the bar of the District of Columbia;

(4) Has been a member in good standing of the bar of the District of Columbia for at least 5 years prior to assuming the position of Attorney General; and

(5) Has been actively engaged, for at least 5 of the 10 years immediately preceding the assumption of the position of Attorney General, as:

(A) An attorney in the practice of law in the District of Columbia;

(B) A judge of a court in the District of Columbia;

(C) A professor of law in a law school in the District of Columbia; or

(D) An attorney employed in the District of Columbia by the United States or the District of Columbia.

(b) The Attorney General shall devote full-time to the duties of the office and shall not engage in the private practice of law and shall not perform any other duties while in office that are inconsistent with the duties and responsibilities of Attorney General.


(May 27, 2010, D.C. Law 18-160, § 103, 57 DCR 3012.)

Section References

This section is referenced in § 1-301.84, § 1-301.87, and § 1-1001.08.


§ 1–301.84. Forfeiture of the position of Attorney General.

The occurrence of any of the following shall result in automatic forfeiture of the position of Attorney General for the District of Columbia:

(1) Failure to maintain the qualifications required under § 1-301.83(a);

(2) Violation of the prohibition against the private practice of law as provided in § 1-301.83(b); or

(3) Conviction of a felony while in office.


(May 27, 2010, D.C. Law 18-160, § 104, 57 DCR 3012.)


§ 1–301.85. Attorney General salary.

(a) Except as provided in subsection (b) of this section, the Attorney General for the District of Columbia shall be paid at an annual rate equal to the rate of basic pay for level E5 on the Executive Schedule pursuant to § 1-610.52.

(b) An Attorney General for the District of Columbia elected under § 1-204.35 shall receive compensation equal to the Chairman of the Council of the District of Columbia as provided in § 1-204.03(d).


(May 27, 2010, D.C. Law 18-160, § 105, 57 DCR 3012.)


§ 1–301.86. Annual budget for the Office of Attorney General.

(a) The Attorney General for the District of Columbia shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia under part D of subchapter IV of Chapter 2 of this title [§  1-204.41 et seq.], for the year, annual estimates of the expenditures and appropriations necessary for the operation of the Office of the Attorney General for the year. The Mayor shall make recommendations to the Council of the District of Columbia based on said submissions for the Council’s action pursuant to § 1-204.46 and § 1-206.03(c).

(b) Amounts appropriated for the Office of the Attorney General shall be available solely for the operation of the office, and shall be paid to the Attorney General by the Mayor (acting through the Chief Financial Officer of the District of Columbia) in such installments and at such times as the Attorney General requires.


(May 27, 2010, D.C. Law 18-160, § 106, 57 DCR 3012.)


§ 1–301.86a. Contingency fee contracts.

(a)(1) The Attorney General may make contracts retaining private counsel to furnish legal services, including representation in negotiation, compromise, settlement, and litigation, in claims and other legal matters affecting the interests of the District of Columbia.

(2)(A) Subject to subparagraph (B) of this paragraph, each contract shall include the terms and conditions the Attorney General considers necessary or appropriate, including a provision specifying the amount of any fee to be paid to the private counsel under the contract or the method for calculating that fee.

(B) The amount of the fee payable for legal services furnished under any such contract shall not exceed the fee that counsel engaged in the private practice of law in the District typically charges clients for furnishing similar legal services, as determined by the Attorney General.

(b) Notwithstanding any provision of federal or District of Columbia law, a contract entered into by the District of Columbia pursuant to this section may provide that costs, expenses, and fees that the private counsel charges for legal services are payable from the amount recovered. In such circumstances, the costs, expenses, and fees need not be included in an amount provided in an appropriations law.


(May 27, 2010, D.C. Law 18-160, § 106a; as added Sept. 20, 2012, D.C. Law 19-168, § 3012, 59 DCR 8025.)

Effect of Amendments

D.C. Law 19-168 added this section.


§ 1–301.86b. Litigation Support Fund.

(a) There is established as a special fund the Litigation Support Fund (“Fund”), which shall be administered by the Office of the Attorney General in accordance with this section.

(b) Subject to the limitations of subsection (d)(3) of this section, any recoveries from claims or litigation brought by the Office of the Attorney General on behalf of the District shall be deposited into the Fund.

(c) The Fund shall be used for the purpose of supporting general litigation expenses associated with prosecuting or defending litigation cases on behalf of the District of Columbia.

(d)(1) Except as provided in paragraph (3) of this subsection, the money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(3) At no time shall the balance in the Fund, including interest earned, exceed $5 million. Any funds in excess of $5 million shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.

(e) For the purposes of this section, the term “recovery” shall include funds obtained through court determinations or through the settlement of claims in which the Office of the Attorney General represents the District, but shall not include funds obtained through an administrative proceeding or funds obligated to another source by District or federal law.


(May 27, 2010, D.C. Law 18-160, § 106b; as added Oct. 22, 2015, D.C. Law 21-36, § 1032(a), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 3092(a), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 3072(a), 64 DCR 7652.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of Attorney General Limited Grant-Making Authority Emergency Amendment Act of 2018 (D.C. Act 22-391, June 27, 2018, 65 DCR 7144).

For temporary (90 days) amendment of this section, see § 3072(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 3072(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) addition of this section, see § 1032(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of Attorney General Limited Grant-Making Authority Temporary Amendment Act of 2018 (D.C. Law 22-160, Sept. 1, 2018, 65 DCR 7539).


§ 1–301.86c. Attorney General Restitution Fund.

(a) There is established as a special fund the Attorney General Restitution Fund ("Fund"), which shall be administered by the Office of the Attorney General ("OAG") in accordance with subsections (c) and (d) of this section.

(b) Revenue from the following awards shall be deposited into the Fund:

(1) Awards of restitution for property lost or damages suffered by consumers made under a court order, judgment, or settlement in any action or investigation under § 28-3909(a); and

(2) Awards on behalf of an aggrieved employee made under a court order, judgment, or settlement in any action or investigation under § 32-1306(a)(2)(A)(iii).

(c) Money in the Fund shall be used for the following purposes:

(1) The payment of awards as required by a court order, judgment, or settlement in an action or investigation OAG conducts under § 28-3909(a) or § 32-1306(a)(2)(A)(iii); and

(2) The payment of costs and expenses related to maintaining the Fund, including costs associated with the claims process described in subsection (e) of this section.

(d) Before the OAG authorizes any payments from the Fund to an individual under this section, the Office of the Chief Financial Officer shall determine whether the individual owes any amount to the District and deduct the amount owed from the award to the individual, if any.

(e)(1) Upon receipt of revenue resulting from an award under this section, OAG shall conduct a claims procedure to:

(A) Locate each person entitled to receive an award; and

(B) Distribute the awarded amounts to these individuals, minus any amounts deducted under subsection (d) of this section.

(2) At the conclusion of the claims procedure under paragraph (1) of this subsection or the time period for payment designated by a court order, judgment, or settlement, and if not otherwise directed by the court order, judgment, or settlement, OAG may apply any part of the award to the costs and expenses related to maintaining the Fund and conducting the claims process under subsection (c)(2) of this section.

(3) After paragraphs (1) and (2) of this subsection have been completed, any excess funds remaining from the award shall be treated as unclaimed property pursuant to Chapter 1 of Title 41.

(f)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(g) The Attorney General, pursuant to subchapter I of Chapter 5 of Title 2), may issue rules to implement the provisions of this section.

(h) On an annual basis, the Office of the Inspector General shall conduct an audit of the income and expenditures of the Fund and shall submit the audit to the Attorney General, the Mayor, and the Council.


(May 27, 2010, D.C. Law 18-160, § 106c; as added Dec. 13, 2017, D.C. Law 22-33, § 3072(b), 64 DCR 7652.)

Emergency Legislation

For temporary (90-day) creation of this section, see § 3072(b) of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90-day) creation of this section, see § 3072(b) of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).


§ 1–301.87. Chief Deputy Attorney General, Deputy Attorneys General, and Assistant Attorneys General.

(a) The Attorney General shall appoint a Chief Deputy Attorney General who shall meet the qualifications of § 1-301.83. The Chief Deputy Attorney General shall serve under the direction and control of the Attorney General and shall perform such duties as may be assigned to him or her by the Attorney General.

(b)(1) The Deputy Attorneys General and Assistant Attorneys General shall serve under the direction and control of the Attorney General and shall perform such duties as may be assigned to them by the Attorney General.

(2) A Deputy Attorney General shall be a resident of the District of Columbia within 180 days of his or her appointment.


(May 27, 2010, D.C. Law 18-160, § 107, 57 DCR 3012.)


§ 1–301.88. Authority to administer oaths.

The Attorney General, Chief Deputy Attorney General, Deputy Attorneys General, and Assistant Attorneys General are authorized to administer oaths and affirmations in the discharge of their official duties within the District of Columbia.


(May 27, 2010, D.C. Law 18-160, § 108, 57 DCR 3012.)


§ 1–301.88a. Authority over personnel.

The Attorney General shall be the personnel authority for the Office of the Attorney General. The Attorney General’s personnel authority shall be independent of the personnel authority of the Mayor established under §§  1-204.22 and 1-604.06, except that the personnel provisions applicable to the Mayor under Chapter 6 of this title [§ 1-601.01 et seq.], shall apply to the Attorney General’s exercise of this authority, unless specifically exempted by District statute.


(May 27, 2010, D.C. Law 18-160, § 108a; as added Oct. 22, 2015, D.C. Law 21-36, § 1032(b), 62 DCR 10905.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 1032(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–301.88b. Authority for procurement of goods and services.

(a) The Attorney General shall carry out procurement of goods and services for the Office of the Attorney General through a procurement office or division. The procurement office or division shall operate independently of, and shall not be governed by, the Office of Contracting and Procurement established pursuant to Chapter 3A of Title 2 [§ 2-351.01 et seq.], except as provided in § 2-352.01(b).

(b)(1) The Attorney General shall issue rules to govern the procurement of goods and services for the Office of the Attorney General.

(2) The rules promulgated pursuant to § 2-361.06, shall apply to procurement of goods and services for the Office of the Attorney General unless the Attorney General has issued a superseding rule or regulation.


(May 27, 2010, D.C. Law 18-160, § 108b; as added Oct. 22, 2015, D.C. Law 21-36, § 1032(b), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 3092(b), 63 DCR 10775.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 1032(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of this section, see § 3 of the Office of the Attorney General Personnel and Procurement Clarification Emergency Amendment Act of 2015 (D.C. Act 21-254, Jan. 6, 2016, 63 DCR 518).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3 of the Office of the Attorney General Personnel and Procurement Clarification Temporary Amendment Act of 2015 (D.C. Law 21-91, Mar. 23, 2016, 63 DCR 989).


§ 1–301.88c. Authority to issue subpoenas for the production of documents.

(a) Except as provided in subsection (c) of this section, the Attorney General for the District of Columbia shall have the authority to issue subpoenas for the production of documents concerning criminal and delinquent offenses that the Attorney General has the authority to prosecute. The power to issue subpoenas under this section shall not be delegated other than to the Chief Deputy Attorney General, a Deputy Attorney General, or an Assistant Deputy Attorney General.

(b) Subpoenas issued pursuant to subsection (a) of this section shall contain the following:

(1) The name of the person from whom documents are requested;

(2) The person at the Office of the Attorney General to whom the documents shall be provided, and the date and time by which they must be provided;

(3) A detailed list of the specific documents requested;

(4) A short, plain statement of the recipient’s rights and the procedure for enforcing and contesting the subpoena; and

(5) The signature of the Attorney General, Chief Deputy Attorney General, Deputy Attorney General, or Assistant Deputy Attorney General approving the subpoena request and certifying that the documents sought are not available by other means as defined in subsection (c)(2) of this section.

(c)(1) The Attorney General shall not have the authority to issue a subpoena if:

(A) An indictment, information, or petition has been filed with the court formally charging the target of the investigation;

(B) Three business days have elapsed since the underlying offense was committed; or

(C) Other means are available to obtain the documents sought in the subpoena.

(2) For the purposes of paragraph (1)(C) of this subsection, documents shall be deemed available by other means if:

(A) The documents may be sought by means of a grand jury subpoena and are being sought during business hours on a business day;

(B) The documents have been unsuccessfully sought by means of a grand jury subpoena;

(C) The documents may be sought, or have been unsuccessfully sought, by means of a search warrant for information falling within the categories listed in § 23-521(d); or

(D) Consent has not been sought for the release of the documents, unless a determination has been made that requesting such consent would threaten or impede the investigation.

(d) Any person to whom a subpoena has been issued under this section may exercise the privileges enjoyed by all witnesses. A person to whom a subpoena has been issued may move to quash or modify the subpoena in the Superior Court of the District of Columbia on grounds including:

(1) The Attorney General failed to follow or satisfy the procedures set forth in this section for issuance of a subpoena;

(2) The Attorney General lacked the authority to issue the subpoena under subsection (c) of this section; or

(3) Any other grounds that exist under statute or common law for the quashing or modification of a subpoena.

(e)(1) The Attorney General shall maintain a log of all requests for subpoenas made pursuant to this section that shall include the following:

(A) The name of the person who initiated the subpoena request;

(B) The name of the persons who reviewed and acted on the request;

(C) A written statement justifying the subpoena request; and

(D) A written statement explaining why the subpoena request was approved or denied.

(2) The log produced pursuant to this subsection shall be exempt from disclosure pursuant to § 2-534 as investigatory records that are compiled for law-enforcement purposes, but shall be made available for inspection by the Council upon request.

(f) The Attorney General shall submit to the Council a quarterly report listing the number of subpoenas requested and issued under this section. The report shall include the following:

(1) The offenses being investigated;

(2) Whether the subpoenas were complied with or challenged;

(3) Whether formal charges were filed; and

(4) The circumstances that precluded using a grand jury subpoena, search warrant, or other means as provided under subsection (c) of this section to obtain this information.


(May 27, 2010, D.C. Law 18-160, § 110 [108c]; as added June 3, 2011, D.C. Law 18-376, § 3, 58 DCR 944.)

Prior Codifications

2001 Ed., § 1-301.89a


§ 1–301.88d. Authority to issue subpoenas in investigation of consumer protection matters.

(a) The Attorney General, or his or her designee, shall have the authority to issue subpoenas for the production of documents and materials or for the attendance and testimony of witnesses under oath, or both, related to an investigation into unfair, deceptive, unconscionable, or fraudulent trade practices by or between a merchant or consumer, as defined in § 28-3901.

(b) Subpoenas issued pursuant to subsection (a) of this section or § 28-3910 shall contain the following:

(1) The name of the person from whom testimony is sought or the documents or materials requested;

(2) The person at the Office of the Attorney General to whom the documents shall be provided;

(3) A detailed list of the specific documents, books, papers, or objects being requested, if any;

(4) The date, time, and place that the recipient is to appear to give testimony or produce the materials specified under paragraph (3) of this subsection, or both;

(5) A short, plain statement of the recipient’s rights and the procedure for enforcing and contesting the subpoena; and

(6) The signature of the Attorney General, Chief Deputy Attorney General, Deputy Attorney General, or Assistant Deputy Attorney General approving the subpoena request.

(c) Unless otherwise permitted by the Office of the Attorney General, only attorneys for the Office of the Attorney General and their staff, other people involved in the investigation, the witness under examination, his or her attorney, interpreters when needed, and, for the purpose of taking the evidence, a stenographer or operator of a recording device may be present during the taking of testimony.

(d) In the case of refusal to obey a subpoena issued under this section, the Attorney General may petition the Superior Court of the District of Columbia for an order requiring compliance. Any failure to obey the order of the court may be treated by the court as contempt.

(e) Any person to whom a subpoena has been issued under this section or pursuant to § 28-3910 may exercise the privileges enjoyed by all witnesses. A person to whom a subpoena has been issued may move to quash or modify the subpoena in the Superior Court of the District of Columbia on grounds including:

(1) The Attorney General failed to follow or satisfy the procedures set forth in this section for the issuance of a subpoena; or

(2) Any grounds that exist under statute or common law for quashing or modifying a subpoena.


(May 27, 2010, D.C. Law 18-160, § 110a [108d]; as added Oct. 22, 2015, D.C. Law 21-36, § 1032(c), 62 DCR 10905.)

Prior Codifications

2001 Ed., § 1-301.89c

Emergency Legislation

For temporary (90 days) addition of this section, see § 1032(c) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–301.88e. Authority to issue subpoenas in matters involving the financial exploitation of vulnerable adults and the elderly.

(a) Notwithstanding § 1-301.89a(a), and subject to the requirements under this section, the Attorney General for the District of Columbia shall have the authority to issue subpoenas for the production of documents and materials or for the attendance and testimony of witnesses under oath, or both, for the purposes of seeking relief under §§ 22-937 and 22-938.

(b)(1) Subpoena authority established by this section may only be used in furtherance of seeking relief under §§ 22-937 and 22-938.

(2) Testimony obtained pursuant to this subpoena authority shall not be used in furtherance of a criminal investigation related to a violation of § 22-933.01, and shall not be admissible in a criminal proceeding against the person who provided the information.

(c) The Attorney General shall not have the authority to issue a subpoena under this section if an indictment, information, or petition has been filed with the court formally charging the target of the investigation with a violation of § 22-933.01.

(d) The power to issue subpoenas pursuant to this section shall not be delegated other than to the Chief Deputy Attorney General, a Deputy Attorney General, or an Assistant Deputy Attorney General.

(e) Subpoenas issued pursuant to this section shall contain the information required in § 1-301.88d(b).

(f) Unless otherwise permitted by the Office of the Attorney General, only attorneys for the Office of the Attorney General and their staff, other people involved in the investigation, the witness under examination, his or her attorney, interpreters when needed, and, for the purpose of taking the evidence, a stenographer or operator of a recording device may be present during the taking of testimony.

(g) In the case of refusal to obey a subpoena issued under this section, the Attorney General may petition the Superior Court of the District of Columbia for an order requiring compliance. Any failure to obey the order of the court may be treated by the court as contempt.

(h) Any person to whom a subpoena has been issued under this section may exercise the privileges enjoyed by all witnesses. A person to whom a subpoena has been issued may move to quash or modify the subpoena in the Superior Court of the District of Columbia on grounds including:

(1) The Attorney General failed to follow or satisfy the procedures set forth in this section for issuance of a subpoena;

(2) The Attorney General lacked the authority to issue the subpoena under this section; or

(3) Any other grounds that exist under statute or common law for quashing or modification of a subpoena.


(May 27, 2010, D.C. Law 18-160, § 110b [108e]; as added Nov. 23, 2016, D.C. Law 21-166, § 4, 63 DCR 10733.)

Emergency Legislation

For temporary (90 day) creation of § 1-301.88f, see §2(b) of Attorney General Limited Grant-Making Authority Emergency Amendment Act of 2018 (D.C. Act 22-391, June 27, 2018, 65 DCR 7144).

Temporary Legislation

For temporary (225 days) creation of § 1-301.88f, see § 2(b) of Attorney General Limited Grant-Making Authority Temporary Amendment Act of 2018 (D.C. Law 22-160, Sept. 1, 2018, 65 DCR 7539).


§ 1–301.89. Appointment of special counsel.

(a) Except as provided in subsection (b) of this section, if the Attorney General determines that his or her duty to represent the public interest in a particular matter may prevent him or her from adequately representing the government, an agency, or an official, the Attorney General shall notify the Mayor of this circumstance and the Mayor shall appoint special counsel to represent the government, an agency, or an official for the matter.

(b) If the Attorney General determines that he or she is unable to provide adequate representation pursuant to subsection (a) of this section in a matter in which the Mayor is expected to be adverse to the special counsel, the Attorney General shall notify the Chief Judge of the District of Columbia Court of Appeals, who shall appoint the special counsel for the matter.


(May 27, 2010, D.C. Law 18-160, § 109, 57 DCR 3012.)


§ 1–301.89a. Report on constitutional challenge or District of Columbia Home Rule Act validity challenge.

(a) The Attorney General shall submit a report to the Council of the District of Columbia of any action, suit, or proceeding brought in a court of law in which the Council of the District of Columbia is not a party, and the constitutionality or the validity under Chapter 2 of Title 1 [§ 1-201.01 et seq.], of any District statute, rule, regulation, program, policy, or enactment of any type is questioned, and the Attorney General has been notified pursuant to:

(1) Rule 24(c) of the Superior Court of the District of Columbia Rules of Civil Procedure; or

(2) Rule 5.1(a) of the Federal Rules of Civil Procedure.

(b) The Attorney General shall submit a report to the Council of the District of Columbia of the establishment or implementation of any formal or informal policy by the Attorney General, or any officer of the Office of the Attorney General, to refrain from:

(1) Enforcing, applying, or administering any provision of any District statute, rule, regulation, program, policy, or enactment of any type affecting the public interest of the District of Columbia; or

(2) Defending, either by affirmatively contesting or through refraining from defending, any District statute, rule, regulation, program, policy, or enactment of any type affecting the public interest of the District of Columbia.

(c)(1) A report required under subsection (a) of this section shall be submitted to the Council within 30 calendar days from the date the Attorney General receives notice as provided in subsection (a)(1) or (a)(2) of this section, and shall contain sufficient information to identify the action, suit, or proceeding underlying the challenge.

(2) A report required under subsection (b) of this section shall be submitted to the Council within 30 calendar days from the date the Attorney General establishes or implements a formal or informal policy, or is made aware of the establishment or implementation of a formal or informal policy, as described in subsection (b) of this section, and shall contain:

(A) The date the formal or informal policy, as described in subsection (b) of this section, was established or implemented; and

(B) A complete and detailed statement describing the policy and identifying the statute, rule, regulation, program, policy, or enactment that is the subject of the policy.


(May 27, 2010, D.C. Law 18-160, § 111; as added Apr. 27, 2013, D.C. Law 19-287, § 2, 60 DCR 2322.)

Prior Codifications

2001 Ed., § 1-301.89b

Effect of Amendments

The 2013 amendment by D.C. Law 19-287 added this section.


§ 1–301.89b. Attorney General notification on enforcement of laws.

(a) An independent agency shall notify the Attorney General of any judicial or administrative proceeding in which the independent agency is a named party when the judicial or administrative proceeding includes a challenge to:

(1) The legality of a District or federal statute or regulation;

(2) The constitutionality of a final agency decision or any action taken by the independent agency; or

(3) The statutory authority of the independent agency to act.

(b) An independent agency shall notify the Attorney General before commencing, or filing a pleading seeking leave to participate as a party or amicus curiae in, a judicial or administrative proceeding that includes a challenge as described in subsection (a) of this section.

(c) An independent agency shall provide notice as required by this section as early as practicable, but in no event later than:

(1) Seven business days after receiving notice of the judicial or administrative proceeding; or

(2) If a challenge or potential challenge requiring notice under subsection (b) of this section arises during the course of a judicial or administrative proceeding, 3 business days after becoming aware of the challenge or potential challenge.

(d) For the purposes of this section, the term "independent agency" means any office, department, division, board, commission, or instrumentality of the District of Columbia government with respect to which the Mayor and the Council are not authorized by law to establish administrative procedures, and that is not represented by the Attorney General in a judicial or administrative proceeding in which the office, department, division, board, commission or instrumentality is participating as a named party or amicus curiae. The term "independent agency" does not include the Council, the Superior Court of the District of Columbia, or the District of Columbia Court of Appeals.


(May 27, 2010, D.C. Law 18-160, § 111; as added Oct. 8, 2016, D.C. Law 21-160, § 3092(c), 63 DCR 10775.)


§ 1–301.89c. Authority to issue subpoenas in investigation of consumer protection matters. [Recodified]

Recodified as § 1-301.88d.


(May 27, 2010, D.C. Law 18-160, § 110a [108d]; as added Oct. 22, 2015, D.C. Law 21-36, § 1032(c), 62 DCR 10905.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 1032(c) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–301.90. Inability to carry out duties as Attorney General.

(a)(1) If the Attorney General for the District of Columbia is temporarily unable or unavailable to carry out the duties of the office, the Chief Deputy Attorney General shall serve as acting Attorney General as of the date that notice of such disability or unavailability is provided under paragraph (2) of this subsection and until the date that notice of resolution of the disability is provided under paragraph (3) of this subsection.

(2) Upon determining that he or she is temporarily unable or unavailable to carry out the duties of the office, the Attorney General shall provide written notice of the disability to the Chief Deputy Attorney General. If the Attorney General is incapable of providing the notice, the Mayor shall provide the notice.

(3) Upon determining that the disability or unavailability under paragraph (1) of this subsection has been resolved, the Attorney General shall provide written notice to the acting Attorney General that the Attorney General is able to carry out the duties of the office. The Attorney General shall reassume the position as of the date of the written notice.

(b) This section shall apply upon the election of an Attorney General for the District of Columbia pursuant to § 1-204.35.


(May 27, 2010, D.C. Law 18-160, § 121, 57 DCR 3012.)


Part E. Additional Authority of the Director of the Office of Contracting and Procurement.

§ 1–301.110a. Leasing authority.

(a) The Director of the Office of Contracting and Procurement is authorized to enter into lease agreements with any person, copartnership, corporation, or other entity, which do not bind the government of the District of Columbia for periods in excess of 20 years for each such lease agreement, on such terms and conditions, including, without limitation, lease-purchase, as he deems to be in the interest of the District of Columbia and necessary for the accommodation of District of Columbia agencies and activities in buildings or other improvements which are in existence or are to be constructed by the lessor for such purposes, or on unimproved real property.

(b) Repealed.

(c) Repealed.

(d) Repealed.

(d-1) Repealed.

(e) The estimated maximum cost of any project approved pursuant to this section may be increased by an amount equal to the increase, if any, as determined by the Director of the Office of Contracting and Procurement, in construction or alteration costs, from the date of transmittal of the prospectus to the Council, not to exceed 10% of the estimated gross cost.

(f) Repealed.

(g) The Director of the Office of Contracting and Procurement shall not make any agreement or undertake any commitment that will result in the construction of any building that is to be constructed for lease to, and for predominant use by, the District until the Director of the Office of Contracting and Procurement has established detailed specification requirements for the building and unless the proposal is consistent with the Public Facilities Plan.

(h) Repealed.

(h-1) The Director of the Office of Contracting and Procurement may acquire a new leasehold interest in any building that is proposed to be leased for the predominant use of rentable space by, or constructed for lease to and for predominant use of rentable space by the District government without regard to §§ 2-354.02 and 2-354.03; provided that such leasehold interest is acquired pursuant to a lease negotiated on behalf of the District by a duly licensed commercial real estate broker pursuant to a tenant representative services contract then in effect between the District and the broker.

(i) The Director of the Office of Contracting and Procurement shall inspect every building to be constructed for lease to, and for predominant use by, the District government during the construction of the building in order to determine compliance with the specifications established for the building. Upon the completion of the building, the Director of the Office of Contracting and Procurement shall evaluate the building to determine the extent, if any, of failure to comply with the specifications for the building. The Director of the Office of Contracting and Procurement shall ensure that any contract entered into for a leasehold interest in a building shall contain a provision that permits a reduction in rent during any period that the building is not in compliance with the specifications for the building.


(Jan. 5, 1971, 84 Stat. 1939, Pub. L. 91-650, title VII, § 705(a), (b); Mar. 8, 1991, D.C. Law 8-257, § 2, 38 DCR 969; Apr. 12, 1997, D.C. Law 11-259, § 301, 44 DCR 1423; May 8, 1998, D.C. Law 12-104, § 4, 45 DCR 1687; Apr. 20, 1999, D.C. Law 12-264, §§ 4, 59(b), 46 DCR 2118; June 11, 1999, D.C. Law 13-7, § 2, 46 DCR 3626; Oct. 20, 1999, D.C. Law 13-38, § 402, 46 DCR 6373; Mar. 16, 2005, D.C. Law 15-238, § 3, 51 DCR 10599; Sept. 26, 2012, D.C. Law 19-171, §§ 4, 202, 59 DCR 6190.)

Prior Codifications

2001 Ed., § 1-301.91.

1981 Ed., § 1-336.

1973 Ed., § 1-243b.

Section References

This section is referenced in § 24-261.05 and § 50-2509.

Effect of Amendments

D.C. Law 13-7, in the introductory portion of subsec. (d), in the first sentence, substituted “Mayor” for “Director of the Office of Contracting and Procurement”.

D.C. Law 13-38 repealed subsec. (b), which read:

“No lease agreement entered into under subsection (a) of this section shall provide for the payment of rental in excess of the limitations prescribed by § 278a of Title 40, United States Code, except that the provisions of this subsection shall not apply to leases made prior to January 5, 1971, except when renewals thereof are made after such date.”

D.C. Law 15-238 repealed subsec. (c) which had read:

“(c) No funds under the control of the Mayor shall be obligated or expended to construct, alter, purchase, or acquire any building or interest in any building to be used as a public building for the District government or to house a program funded through the District government that involves a total expenditure in excess of $1,000,000 unless the proposed construction, alteration, purchase, or acquisition has been submitted to and approved by the Council, by resolution. No funds under the control of the Mayor shall be obligated or expended to lease any space at an average annual gross rental in excess of $1,000,000 over the lease period, inclusive of all options, for use for public purposes by the District government or to house a program funded through the District government unless the proposed lease agreement has been submitted to and approved by the Council, by resolution. No funds under the control of the Mayor shall be obligated or expended to alter any building or part of any building that is under lease by the District government for a public purpose if the cost of the alteration would exceed $500,000, unless the proposed alteration has been submitted to and approved by the Council, by resolution. The Mayor shall not designate a developer for city-owned property unless the developer has been selected through competitive procedures in accordance with subchapter III of Chapter 3 of Title 2, and the proposal has been submitted to the Council for a 60-day period of review, exclusive of days of Council recess, pursuant to subsection (d) of this section and approved by the Council by resolution. The Mayor shall submit with the request for approval a prospectus of the proposed facility that shall include, but is not limited to:

“(1) A brief description of the building to be constructed, altered, purchased, or acquired, or the space to be leased, including its location, size, condition if applicable, and its conformity with allowable uses under the Zoning Regulations;

“(2) An estimate of the gross and net costs to the District government of the facility to be constructed, altered, purchased, or acquired, or the space to be leased;

“(3) The facility’s conformity with the Public Facilities Plan developed pursuant to title VI of the District of Columbia Comprehensive Plan Act of 1984;

“(4) A statement by the Director of the Office of Contracting and Procurement that suitable space owned by the District is not available or cannot be reasonably renovated or altered and that suitable rental space is not available at a price commensurate with the space and price to be afforded through the proposed action, including a current survey of suitable vacant rental office space;

“(5) A certification by the Director of the Office of Contracting and Procurement that no other public space is available, including surplus government property that is under the control of the Board of Education; and

“(6) A statement by the Director of the Office of Contracting and Procurement of rents and other housing costs currently being paid by the District for entities of the District government to be housed in the building to be constructed, altered, purchased, or acquired, or the space to be leased.”

The 2012 amendment by D.C. Law 19-171 repealed (d) and (d-1); and substituted “without regard to §§ 2-354.02 and 2-354.03” for “without regard to §§ 2-303.03 and 2-303.04” in (h-1).

Cross References

Correctional treatment facilities, exemptions from leasing and property laws, see § 24-261.05.

Public parking authority, transfer of property interest between the District and the public parking authority, Mayor’s authority, see § 50-2509.

Public postsecondary education reorganization, office of contracting and procurement, power to contract, see § 38-1204.05.

Emergency Legislation

For temporary amendment of section, see § 2 of the Tenant Representative Services Lease Negotiation and Review Emergency Amendment Act of 1997 (D.C. Act 12-4, February 24, 1997, 44 DCR 1607), § 2 of the Tenant Representative Services Lease Negotiation and Review Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-81, June 10, 1997, 44 DCR 3607), and § 2 of the Tenant Representative Services Lease Negotiation and Review Emergency Amendment Act of 1998 (D.C. Act 12-269, February 19,

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of Tenant Representative Services Lease Negotiation and Review Temporary Amendment Act of 1997 (D.C. Law 12-5, June 5, 1997, law notification 44 DCR 4637).

For temporary (225 day) approval of a proposed lease agreement between the District of Columbia and Wells Fargo Delaware Trust Company, see § 2 of Unified Communications Center Lease Agreement Temporary Act of 2003 (D.C. Law 15-53, December 9, 2003, law notification 51 DCR 1788).

References in Text

“The District of Columbia Comprehensive Plan Act of 1984”, referred to in (c)(3), is D.C. Law 5-76.

The “Public Facilities Plan”, referred to in (g), is Title VI of D.C. Law 5-76.

Editor's Notes

D.C. Law 12-104 purported to designate the existing text in (h) as (h)(1), and added a new (h)(2). However, (h) was repealed by D.C. Law 11-259. At the direction of the D.C. Codification Counsel, (h)(2) has been redesignated as new (h-1).

Lease/Purchase of Building and Land at 441-4th Street, N.W. (One Judiciary Square: Lot 20; Square 532) Emergency Approval Resolution of 1991: Pursuant to Resolution 9-94, effective July 19, 1991, the Council approved, on an emergency basis, the District of Columbia’s purchase of an office building and lease/purchase of the land at 441-4th Street, N.W. to be used for municipal purposes.

See Mayor’s Order 92-153, December 1, 1992.

65 K Street, N.E., Lease Amendment Approval Emergency Resolution of 1994: Pursuant to Resolution 10-500, effective December 6, 1994, the Council approved, on an emergency basis, the amendment of a lease for 65 K Street, N.E.

717 Fourteenth Street, N.W. Lease Approval Emergency Resolution of 1997: Pursuant to Resolution 12-348, effective December 19, 1997, the Council approved, on an emergency basis, the Lease Agreement between the District of Columbia government and 711 Fourteenth Street, N.W., Associates Limited Partnership, and to exempt this lease from the formal competitive procurement requirements applicable to leases where the District will be the predominant user of the building.

1300 First Street, N.E. Lease Approval Emergency Resolution of 1998: Pursuant to Resolution 12-489, effective May 5, 1998, the Council approved, on an emergency basis, the Lease Agreement between the District of Columbia government and Edward R. Webster Company for 1300 First Street, N.E.

University of the District of Columbia Acquisition of 4250 Connecticut Avenue Authorization Resolution of 1995: Pursuant to Resolution 11-192, effective December 5, 1995, the Council approved the acquisition, by the University of the District of Columbia, of an interest in a ground lease of Lot 1 in Square 2047 and the purchase of improvements situated thereon known as 4250 Connecticut Avenue, N.W., to be used for governmental purposes.

Section 151 of Public Law 106-113 provided:

“(a) RESTRICTIONS ON LEASES.—Upon the expiration of the 60-day period that begins on the date of the enactment of this Act, none of the funds contained in this Act may be used to make rental payments under a lease for the use of real property by the District of Columbia government (including any independent agency of the District) unless the lease and an abstract of the lease have been filed (by the District of Columbia or any other party to the lease) with the central office of the Deputy Mayor for Economic Development, in an indexed registry available for public inspection.

“(b) ADDITIONAL RESTRICTIONS ON CURRENT LEASES.—

“(1) IN GENERAL.—Upon the expiration of the 60-day period that begins on the date of the enactment of this Act, in the case of a lease described in paragraph (3), none of the funds contained in this Act may be used to make rental payments under the lease unless the lease is included in periodic reports submitted by the Mayor and Council of the District of Columbia to the Committees on Appropriations of the House of Representatives and Senate describing for each such lease the following information:

“(A) The location of the property involved, the name of the owners of record according to the land records of the District of Columbia, the name of the lessors according to the lease, the rate of payment under the lease, the period of time covered by the lease, and the conditions under which the lease may be terminated.

“(B) The extent to which the property is or is not occupied by the District of Columbia government as of the end of the reporting period involved.

“(C) If the property is not occupied and utilized by the District government as of the end of the reporting period involved, a plan for occupying and utilizing the property (including construction or renovation work) or a status statement regarding any efforts by the District to terminate or renegotiate the lease.

“(2) TIMING OF REPORTS.—The reports described in paragraph (1) shall be submitted for each calendar quarter (beginning with the quarter ending December 31, 1999) not later than 20 days after the end of the quarter involved, plus an initial report submitted not later than 60 days after the date of the enactment of this Act, which shall provide information as of the date of the enactment of this Act.

“(3) LEASES DESCRIBED.—A lease described in this paragraph is a lease in effect as of the date of the enactment of this Act for the use of real property by the District of Columbia government (including any independent agency of the District) which is not being occupied by the District government (including any independent agency of the District) as of such date or during the 60-day period which begins on the date of the enactment of this Act.”

Section 162 of Public Law 106-522 provided:

“(a) EXCLUSIVE AUTHORITY OF MAYOR.—Notwithstanding section 451 of the District of Columbia Home Rule Act or any other provision of District of Columbia or Federal law to the contrary, the Mayor of the District of Columbia shall have the exclusive authority to approve and execute leases of the Washington Marina and the Washington municipal fish wharf with the existing lessees thereof for an initial term of 30 years, together with such other terms and conditions (including renewal options) as the Mayor deems appropriate.

“(b) DEFINITIONS.—In this section—

“(1) the term ‘Washington Marina’ means the portions of Federal property in the Southwest quadrant of the District of Columbia within Lot 848 in Square 473, the unassessed Federal real property adjacent to Lot 848 in Square 473, and riparian rights appurtenant thereto; and

“(2) the term ‘Washington municipal fish wharf’ means the water frontage on the Potomac River lying south of Water Street between 11th and 12th Streets, including the buildings and wharves thereon.”

Mayor's Orders

Amendment of Mayor’s Order 96-172, Establishing Position of Administrator in the Commission on Mental Health Services; Appointment of Interim Administrator; Duties of Administrator: See Mayor’s Order 97-6, January 9, 1997 ( 44 DCR 357).

Delegation of Authority

Delegation of contracting authority, see Mayor’s Order 90-178, November 19, 1990.

Delegation of authority under Public Law 91-650, D.C. Code § 1-301.96, see Mayor’s Order 93-6, January 15, 1993.

Amendment of Mayor’s Order 90-178, Delegation of Contracting Authority: See Mayor’s Order 96-83, June 20, 1996 ( 43 DCR 3510).

Amendment of Mayor’s Order 90-178, Delegation of Contracting Authority: See Mayor’s Order 96-136, September 9, 1996 (43 DCR

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Resolutions

Resolution 14-79, the “77 P Street, N.E., Lease Approval Emergency Resolution of 2001”, was approved effective April 3, 2001.

Resolution 14-108, the “Parcel 124/171 Purchase Approval Emergency Approval Resolution of 2001”, was approved effective May 1, 2001.

Resolution 14-168, the “3515 and 3521 V Street, N.E., Lease Approval Emergency Resolution of 2001”, was approved effective July 10, 2001.

Resolution 14-199, the “821 Howard Road, S.E., Purchase Approval Emergency Resolution of 2001”, was approved effective September 19, 2001.


§ 1–301.110b. Use of exchange allowances or sale proceeds to purchase similar items.

In purchasing motor-propelled or animal-drawn vehicles or tractors, or road, agricultural, manufacturing, or laboratory equipment, or boats, or parts, accessories, tires, or equipment thereof, the Director of the Office of Contracting and Procurement or his duly authorized representatives may exchange or sell similar items and apply the exchange allowances or proceeds of sales in such cases in whole or in part payment therefor.


(June 30, 1945, 59 Stat. 293, ch. 209, § 7; July 9, 1946, 60 Stat. 532, ch. 544, § 7; Apr. 12, 1997, D.C. Law 11-259, § 303, 44 DCR 1423.)

Prior Codifications

2001 Ed., § 1-301.92.

1981 Ed., § 1-344.

1973 Ed., § 1-250.


Part F. Additional Authority of the Attorney General.

§ 1–301.111. Duties of the Corporation Counsel. [Repealed]

Repealed.


(Leg. Assem., Aug. 23, 1871, ch. 108, § 18; June 20, 1874, 18 Stat. 116, ch. 337, § 2; Mar. 3, 1901, 31 Stat. 1340, ch. 854, § 932; June 30, 1902, 32 Stat. 537, ch. 1329; Mar. 4, 1923, 42 Stat. 1488, ch. 265; 1967 Reorg. Plan No. 3, § 401, 81 Stat. 951; May 27, 2010, D.C. Law 18-160, § 141(a), 57 DCR 3012.)

Prior Codifications

1981 Ed., § 1-361.

1973 Ed., § 1-301.

Editor's Notes

Office of Corporation Counsel abolished: The Office of the Corporation Counsel was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 50 of the Board of Commissioners, dated June 26, 1953, as amended, provided that the Office of the Corporation Counsel would be organized as previously constituted. The previously existing Office of the Corporation Counsel was abolished, and all functions and positions including the duties, powers, and authorities of all officers and employees of the former office were transferred to the new office. Authority to settle claims and suits against the District up to and including $5,000 (or $10,000 if approved by the Assistant Commissioner) was delegated to the Corporation Counsel by the Order. This Order was issued pursuant to Reorganization Plan No. 5 of 1952. The functions of the Employees Compensation Sub-Section, Investigation Section, Office of the Corporation Counsel, were transferred to the Personnel Office, Department of General Administration by Reorganization Order No. 21 of the Board of Commissioners, dated November 20, 1952. This Order was issued pursuant to Reorganization Plan No. 5 of 1952. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967.

Office of Secretary to Board of Commissioners abolished: See Historical and Statutory Notes following § 1-301.23.

Mayor's Orders

Re-Designation of the Office of the Corporation Counsel as the Office of the Attorney General, see Mayor’s Order 2004-92, May 26,

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 1–301.112. Duties of Assistant Corporation Counsels. [Repealed]

Repealed.


(Leg. Assem., Aug. 23, 1871, ch. 108, § 19; June 20, 1874, 18 Stat. 116, ch. 337, § 2; Mar. 3, 1901, 31 Stat. 1340, ch. 854, § 932; June 30, 1902, 32 Stat. 537, ch. 1329; Mar. 4, 1923, 42 Stat. 1488, ch. 265; 1967 Reorg. Plan No. 3, § 401, 81 Stat. 951; May 27, 2010, D.C. Law 18-160, § 141(a), 57 DCR 3012.)

Prior Codifications

1981 Ed., § 1-362.

1973 Ed., § 1-302.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.


§ 1–301.113. Corporation Counsel and Assistants may administer oaths. [Repealed]

Repealed.


(Leg. Assem., Aug. 19, 1871, ch. 51; Mar. 3, 1901, 31 Stat. 1340, ch. 854, § 932; June 30, 1902, 32 Stat. 537, ch. 1329; May 27, 2010, D.C. Law 18-160, § 141(b), 57 DCR 3012.)

Prior Codifications

1981 Ed., § 1-363.

1973 Ed., § 1-303.


§ 1–301.114. Funding for civil legal services. [Repealed]

Repealed.


(Sept. 18, 2007, D.C. Law 17-20, § 3032, 54 DCR 7052; Sept. 24, 2010, D.C. Law 18-223, § 3013, 57 DCR 6242.)

Emergency Legislation

For temporary (90 day) addition, see § 3032 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) repeal of section, see § 3013 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

Short Title

Short title: Section 3031 of D.C. Law 17-20 provided that subtitle D of title III of the act may be cited as the “Civil Legal Services Amendment Act of 2007”.


Part F-i. Office of the Inspector General.

§ 1–301.115a. Creation and duties of Office of the Inspector General.

(a)(1)(A) There is created within the executive branch of the government of the District of Columbia the Office of the Inspector General. The Office shall be headed by an Inspector General appointed pursuant to subparagraph (B) of this subsection, who shall serve for a term of 6 years and shall be subject to removal only for cause by the Mayor (with the approval of the District of Columbia Financial Responsibility and Management Assistance Authority in a control year) or (in the case of a control year) by the Authority. The Inspector General shall not serve in a hold-over capacity upon the expiration of his or her term.

(A-i)(i) If a vacancy in the position of Inspector General occurs as a consequence of resignation, disability, death, or a reason other than the expiration of the term of the Inspector General, the Mayor shall appoint a replacement to fill the unexpired term in the same manner provided in subparagraph (C) of this paragraph; provided, that the Mayor shall submit the nomination to the Council within 30 days after the occurrence of the vacancy. A person appointed to fill the unexpired term shall serve only for the remainder of the term.

(ii) If a vacancy occurs, no person shall serve on an acting basis as the Inspector General unless the person meets the requirements of subparagraph (D-i) [repealed] of this paragraph.

(A-ii) The Inspector General first appointed by the Mayor by and with the advice and consent of the Council, on or after November 4, 2003, shall serve until May 19, 2008. Each Inspector General appointed to fill the position after May 19, 2008 shall serve a 6-year term to end May 19, 2014 and every 6 years thereafter.

(B) During a control year, the Inspector General shall be appointed by the Mayor as follows:

(i) Prior to the appointment of the Inspector General, the Authority may submit recommendations for the appointment to the Mayor.

(ii) In consultation with the Authority and the Council, the Mayor shall nominate an individual for appointment and notify the Council of the nomination.

(iii) After the expiration of the 7-day period which begins on the date the Mayor notifies the Council of the nomination under sub-subparagraph (ii) of this subparagraph, the Mayor shall notify the Authority of the nomination.

(iv) The nomination shall be effective subject to approval by a majority vote of the Authority.

(C) During a year which is not a control year, the Inspector General shall be appointed by the Mayor with the advice and consent of the Council. Prior to appointment, the Authority may submit recommendations for the appointment.

(D) The Inspector General shall be appointed:

(i) Without regard to party affiliation;

(ii) On the basis of integrity;

(iii) With demonstrated supervisory and management experience; and

(iv) With demonstrated experience and ability, in the aggregate, in law, accounting, auditing, financial management analysis, public administration, or investigations.

(D-i) Repealed.

(E)(i) The Inspector General shall be paid at a rate established by the Mayor, subject to Council approval by resolution.

(ii) On or after March 14, 2007, the Mayor may re-determine the compensation of the incumbent Inspector General retroactive to the date of his appointment.

(2) The annual budget for the Office shall be adopted as follows:

(A) The Inspector General shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia under part D of title IV of the District of Columbia Home Rule Act [§  1-204.41 et seq.], for the year, annual estimates of the expenditures and appropriations necessary for the operation of the Office for the year. All such estimates shall be forwarded by the Mayor to the Council of the District of Columbia for its action pursuant to §§ 1-204.46 and 1-206.03(c), without revision but subject to recommendations, including recommendations on reallocating any funds from the Inspector General's estimates to other items in the District budget.

(B) Amounts appropriated for the Inspector General shall be available solely for the operation of the Office, and shall be paid to the Inspector General by the Mayor (acting through the Chief Financial Officer of the District of Columbia) in such installments and at such times as the Inspector General requires.

(3) The Inspector General shall:

(A) Conduct independent fiscal and management audits of District government operations;

(B) Receive notification in advance of all external audits conducted by any District government entity, with the exception of the District of Columbia Auditor, and immediately provided with a copy of any final report issued;

(C) Serve as principal liaison between the District government and the U.S. General Accounting Office;

(D) Independently conduct audits, inspections, assignments, and investigations as the Mayor shall request, and any other audits, inspections and investigations that are necessary or desirable in the Inspector General’s judgment;

(E) Annually conduct an operational audit of all procurement activities carried out pursuant to this chapter in accordance with regulations and guidelines prescribed by the Mayor and issued in accordance with § 2-302.05 [repealed];

(F)(i) Forward to the appropriate authority any report, as a result of any audit, inspection or investigation conducted by the office, identifying misconduct or unethical behavior; and

(ii) Forward to the Mayor, within a reasonable time of reporting evidence of criminal wrongdoing to the Office of the U.S. Attorney or other law enforcement office, any report regarding the evidence, if appropriate;

(G) Pursuant to a contract described in paragraph (4) of this subsection, provide certifications under § 47-3401.01(b)(5);

(H) Pursuant to a contract described in paragraph (4) of this subsection, audit the complete financial statement and report on the activities of the District government for such fiscal year, for the use of the Mayor under § 1-204.48(a)(4);

(I) Not later than 30 days before the beginning of each fiscal year (beginning with fiscal year 1996) and in consultation with the Mayor, the Council, and the Authority, establish an annual plan for audits to be conducted under this paragraph during the fiscal year under which the Inspector General shall report only those variances which are in an amount equal to or greater than $1,000,000 or 1% of the applicable annual budget for the program in which the variance is found (whichever is lesser); and

(J) During fiscal year 2006 and each succeeding fiscal year, conduct investigations to determine the accuracy of certifications made to the Chief Financial Officer of the District of Columbia under § 1-204.24d(28) of attorneys in special education cases brought under the Individuals with Disabilities Education Act in the District of Columbia.

(4) The Inspector General shall enter into a contract with an auditor who is not an officer or employee of the Office to:

(A) Audit the financial statement and report described in paragraph (3)(H) of this subsection for a fiscal year, except that the financial statement and report may not be audited by the same auditor (or an auditor employed by or affiliated with the same auditor, except as may be provided in paragraph (5)) for more than 5 consecutive fiscal years; and

(B) Audit the certification described in paragraph (3)(G) of this subsection.

(5) Notwithstanding paragraph (4)(A) of this subsection, an auditor who is a subcontractor to the auditor who audited the financial statement and report described in paragraph (3)(H) of this subsection for a fiscal year may audit the financial statement and report for any succeeding fiscal year (as either the prime auditor or as a subcontractor to another auditor) if:

(A) Such subcontractor is not a signatory to the statement and report for the previous fiscal year;

(B) The prime auditor reviewed and approved the work of the subcontractor on the statement and report for the previous fiscal year; and

(C) The subcontractor is not an employee of the prime contractor or of an entity owned, managed, or controlled by the prime contractor.

(a-1) It is the purpose of the Office of the Inspector General to independently:

(1) Conduct and supervise audits, inspections and investigations relating to the programs and operations of District government departments and agencies, including independent agencies;

(2) Provide leadership and coordinate and recommend policies for activities designed to promote economy, efficiency, and effectiveness and to prevent and detect corruption, mismanagement, waste, fraud, and abuse in District government programs and operations; and

(3) Provide a means for keeping the Mayor, Council, and District government department and agency heads fully and currently informed about problems and deficiencies relating to the administration of these programs and operations and the necessity for and progress of corrective actions.

(b)(1) In determining the procedures to be followed and the extent of the examinations of invoices, documents, and records, the Inspector General shall give due regard to the provisions of this chapter and shall comply with standards established by the U.S. Comptroller General for audits of federal establishments, organizations, programs, activities and functions, and shall comply with standards established by the President’s Council on Integrity and Ethics for investigations and inspections, and generally accepted procurement principles, practices, and procedures, including federal and District case law, decisions of the U.S. Comptroller General, and decisions of federal contract appeals boards.

(2) The Inspector General shall give due regard to the activities of the District of Columbia Auditor with a view toward avoiding duplication and insuring effective coordination and cooperation. The Inspector General shall take appropriate steps to assure that work performed by auditors, inspectors and investigators within or for the Office of the Inspector General shall comply with the standards and procedures determined through the application of this subsection.

(b-1) The Inspector General shall not disclose the identity of any person who brings a complaint or provides information to the Inspector General, without the person’s consent, unless the Inspector General determines that disclosure is unavoidable or necessary to further the ends of an investigation.

(c)(1) The Inspector General shall have access to the books, accounts, records, reports, findings, and all other papers, items, or property belonging to or in use by all departments, agencies, instrumentalities, and employees of the District government, including agencies which are subordinate to the Mayor, independent agencies, boards, and commissions, but excluding the Council of the District of Columbia, and the District of Columbia Courts, necessary to facilitate an audit, inspection or investigation.

(2)(A) The Inspector General may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter under investigation by the Inspector General.

(B) If a person refuses to obey a subpoena issued under subparagraph (A) of this paragraph, the Inspector General may apply to the Superior Court of the District of Columbia for an order requiring that person to appear before the Inspector General to give testimony, produce evidence, or both, relating to the matter under investigation. Any failure to obey the order of the court may be punished by the Superior Court as civil contempt.

(3) The Inspector General is authorized to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary to perform the Inspector General’s duties. The Inspector General is authorized to delegate the power to administer to or take from any person an oath, affirmation, or affidavit, when he or she deems it appropriate.

(d)(1) The Inspector General shall compile for submission to the Authority (or, with respect to a fiscal year which is not a control year, the Mayor and the Council), at least once every fiscal year, a report setting forth the scope of the Inspector General’s operational audit, and a summary of all findings and determinations made as a result of the findings.

(2) Included in the report shall be any comments and information necessary to keep the Authority, the Mayor and the Council informed of the adequacy and effectiveness of procurement operations, the integrity of the procurement process, and adherence to the provisions of this chapter.

(3) The report shall contain any recommendations deemed advisable by the Inspector General for improvements to procurement operations and compliance with the provisions of this chapter.

(4) The Inspector General shall make each report submitted under this subsection available to the public, except to the extent that the report contains information determined by the Inspector General to be privileged.

(e) The Inspector General may undertake reviews and investigations, and make determinations or render opinions as requested by the Authority. Any reports generated as a result of the requests shall be automatically transmitted to the Council within 10 days of publication.

(e-1) The Inspector General may conduct an annual inspection and independent fiscal and management audit of the District of Columbia Housing Authority, beginning the first fiscal year of the Authority. In addition, the Inspector General may undertake reviews and investigations of the District of Columbia Housing Authority, and make determinations or render opinions, as requested by the Council.

(f) In carrying out the duties and responsibilities established under this section, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal or District criminal law.

(f-1) An employee of the Office of the Inspector General who, as part of his or her official duties, conducts investigations of alleged felony violations, shall possess the following authority while engaged in the performance of official duties:

(1) To carry a firearm within the District of Columbia or a District government facility located outside of the District, provided that the employee has completed a course of training in the safe handling of firearms and the use of deadly force, and is qualified to use a firearm according to the standards applicable to officers of the Metropolitan Police Department. The employee may not carry a firearm in the course of official duties unless designated by the Inspector General in writing as having the authority to carry a firearm. The Inspector General shall issue written guidelines pertaining to the authority to carry firearms, the appropriate use of firearms, firearms issuance and security, and the use of force;

(2) To make an arrest without a warrant if the employee has probable cause to believe that a felony violation of a federal or District of Columbia statute is being committed in his or her presence, provided that the arrest is made while the employee is engaged in the performance of his or her official duties within the District of Columbia or a District government facility located outside of the District; and

(3) To serve as an affiant for, to apply to an appropriate judicial officer for, and execute a warrant for the search of premises or the seizure of evidence if the warrant is issued under authority of the District of Columbia or of the United States upon probable cause.

(f-2) The Inspector General shall prepare an annual report not later than December 1st of each year, summarizing the activities of the Office of the Inspector General during the preceding fiscal year.

(f-3) Failure on the part of any District government employee or contractor to cooperate with the Inspector General by not providing requested documents or testimony needed for the performance of his or her duties in conducting an audit, inspection or investigation shall be cause for the Inspector General to recommend appropriate administrative actions to the personnel or procurement authority, and shall be grounds for adverse actions as administered by the personnel or procurement authority, including the loss of employment or the termination of an existing contractual relationship.

(f-4) Anyone who has the authority to take or direct others to take, recommend, or approve any personnel action, shall not, with respect to this authority, take or threaten to take any action against another as a reprisal for making a complaint or disclosing information to the Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

(f-5) A peer review of the Office of the Inspector General’s audit, inspection and investigation sections’ standards, policies, procedures, operations, and quality controls shall be performed no less than once every 3 years by an entity not affiliated with the Office of the Inspector General. Any final report shall be distributed to the Mayor, the Council and the Financial Responsibility and Management Assistance Authority.

(g) In this section:

(1) The term “Authority” means the District of Columbia Financial Responsibility and Management Assistance Authority established under § 47-391.01(a);

(2) The term “control year” has the meaning given such term under § 47-393(4); and

(3) The term “District government” has the meaning given such term under § 47-393(5).


(Feb. 21, 1986, D.C. Law 6-85, § 208, 32 DCR 7396; Mar. 16, 1989, D.C. Law 7-201, § 5, 36 DCR 248; Apr. 17, 1995, 109 Stat. 148-151, Pub. L. 104-8, § 303(a)-(d); Apr. 9, 1997, D.C. Law 11-255, § 5, 44 DCR 1271; Aug. 5, 1997, 111 Stat. 777, Pub. L. 105-33, § 11601(b)(3); Oct. 21, 1998, 112 Stat. 2681-148, Pub. L. 105-277, § 160; Mar. 26, 1999, D.C. Law 12-190, § 2, 45 DCR 7814; April 5, 2000, D.C. Law 13-71, § 2, 46 DCR 10403; May 9, 2000, D.C. Law 13-105, § 29(a), 47 DCR 1325; Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 164(a); June 19, 2001, D.C. Law 13-313, § 4(b), 48 DCR 1873; July 30, 2003, D.C. Law 15-26, § 2, 50 DCR 4651; Dec. 7, 2004, D.C. Law 15-212, § 2(a), 51 DCR 8820; Oct. 16, 2006, 120 Stat. 2043, Pub. L. 109-356, § 308(b); Mar. 14, 2007, D.C. Law 16-267, § 2, 54 DCR 831; Mar. 11, 2015, D.C. Law 20-237, § 2, 62 DCR 489; Oct. 8, 2016, D.C. Law 21-160, §§ 1052, 1053, 63 DCR 10775.)

Prior Codifications

2001 Ed., § 2-302.08

1981 Ed., § 1-1182.8.

Section References

This section is referenced in § 1-301.115b, § 1-603.01, § 2-302.08, § 47-391.01, § 47-3401.01, and § 47-3401.02.

Effect of Amendments

Public Law 106-522, § 164(a), in subpar. (a)(4)(A), inserted “, except as may be provided in paragraph (5)”; and added par. (a)(5).

Section 164(b) of Public Law 106-522 provided: “The amendment made by subsection (a) shall apply with respect to financial statements and reports for activities of the District of Columbia Government for fiscal years beginning with fiscal year 2001.”

D.C. Law 13-71 inserted subsec. (a-1); in par. (a)(3), rewrote subpars. (B), (D), and (F), which previously read:

“(B) Act as liaison representative for the Mayor for all external audits of the District government;”

“(D) Conduct other special audits, assignments, and investigations the Mayor shall assign;”

“(F) Forward to the Mayor and the appropriate authority any evidence of criminal wrongdoing, that is discovered as a result of any investigation or audit conducted by the office;”;

rewrote subsec. (b), which previously read:

“In determining the procedures to be followed and the extent of the examinations of invoices, documents, and records, the Inspector General shall give due regard to the provisions of this chapter, as well as generally accepted accounting and procurement principles, practices, and procedures, including, but not limited to, federal and District government case law, decisions of the U.S. Comptroller General, and decisions of federal contract appeals boards.”;

inserted subsec. (b-1); rewrote par. (1) of subsec. (c), which previously read:

“The Inspector General shall have access to all books, accounts, records, reports, findings, and all other papers, things, or property belonging to or in use by any department or agency under the direct supervision of the Mayor necessary to facilitate the Inspector General’s work.”;

added par. (3) of subsec. (c); and added subsecs. (f-2) to (f-5).

D.C. Law 13-105 inserted subsec. (e-1).

D.C. Law 13-313 rewrote subsec. (f-2), which prior thereto read:

“(f-2) The Inspector General shall prepare an annual report not later than 30 days after the beginning of the fiscal year, beginning with FY 2001, summarizing the activities of the Office of Inspector General during the preceding fiscal year. Upon its completion, the Inspector General shall transmit the report to the Mayor, the Council, and the appropriate committees or subcommittees of Congress. The Inspector General shall make copies of the report available to the public upon request. The annual report shall include:”

D.C. Law 15-26, in subsec. (a)(1), rewrote the third sentence of subpar. (A), added subpar. (A-1), rewrote subpar. (D), and added subpar. (D-i). Prior to amendment, the third sentence of subsec. (a)(1)(A) had read “The Inspector General may be reappointed for additional terms.”; and subsec. (a)(1)(D) had read as follows: “(D) The Inspector General shall be appointed without regard to party affiliation and solely on the basis of integrity and demonstrated ability in accounting, auditing, financial management analysis, public administration, or investigations.”

D.C. Law 15-212 added subpars. (A-ii) to subsec. (a)(1).

Pub. L. 109-356 added subsec. (a)(3)(J).

D.C. Law 16-267 rewrote subsec. (a)(1)(E), which formerly read:

“(E) The Inspector General shall be paid at an annual rate determined by the Mayor, except that such rate may not exceed the rate of basic pay payable for level IV of the Executive Schedule.”

The 2015 amendment by D.C. Law 20-237 rewrote (a)(1)(D); and repealed (a)(1)(D-i).

Cross References

District of Columbia administration, personnel management, “subordinate agency” defined, see § 1-603.01.

District of Columbia fiscal management, intermediate-term advances for liquidation of deficit, certification of and compliance with an approved financial plan and budget, see § 47-3401.01.

District of Columbia fiscal management, short-term advances for seasonal cash-flow management, certification of and compliance with an approved financial plan and budget, see § 47-3401.02.

Financial Responsibility and Management Assistance Authority, consent to appointment of the Inspector General, see § 47-391.01.

Applicability

Section 1053 of D.C. Law 21-160 provided that the changes made by section 1052 shall apply as of March 24, 2016.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2 of Inspector General Qualifications Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-2, Feb. 19, 2015, 62 DCR 2466).

For temporary amendment of section, see § 2 of the Office of the Inspector General Law Enforcement Powers Emergency Amendment Act of 1998 (D.C. Act 12-394, July 6, 1998, 45 DCR 4645), § 2 of the Office of the Inspector General Law Enforcement Powers Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-463, October 28, 1998, 45 DCR 7818), and § 2 of the Office of the Inspector General Law Enforcement Powers Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-3, February 8, 1999, 46

For temporary (90 days) amendment of this section, see § 2 of the Inspector General Qualifications Emergency Amendment Act of 2014 (D.C. Act 20-464, Nov. 6, 2014, 61 DCR 11828, 20 STAT 4398).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2 of the Office of the Inspector General Law Enforcement Powers Temporary Amendment Act of 1998, (D.C. Law 12-177, March 26, 1999, law notification 46 DCR 3403).

For temporary (225 day) amendment of section, see § 2 of the Inspector General Qualifications Temporary Amendment Act of 2003 (D.C. Law 15-22, June 21, 2003, law notification 50 DCR 5466).

For temporary (225 day) amendment of section, see § 2 of the Inspector General Appointment and Term Clarification Temporary Amendment Act of 2003 (D.C. Law 15-101, March 10, 2004, law notification 51 DCR 3621).

For temporary (225 days) amendment of this section, see § 2 of the Inspector General Qualifications Temporary Amendment Act of 2014 (D.C. Law 20-174, March 7, 2015, 61 DCR 12711).

References in Text

The Individuals with Disabilities Education Act, referred to in subsec. (a)(3)(J), is codified at 20 U.S.C. § 1400 et seq.

Editor's Notes

Office of Inspector: Section 155 of P.L. 105-100 required placement of Inspector General hotline on permit and license application forms.

Applicability of § 2(b) of Law 15-212: Section 3 of Law 15-212 provided that section 2(b) of this act shall apply upon its enactment by the United States Congress.


§ 1–301.115b. Deadline for appointment of Inspector General.

(a) In general. — Not later than 30 days after its members are appointed, the Mayor shall appoint the Inspector General of the District of Columbia pursuant to § 1-301.115a(a)(1).

(b) Transition rule. — The term of service of the individual serving as the Inspector General under § 1-301.115a(a) prior to the appointment of the Inspector General by the Authority under § 1-301.115a(a)(1) shall expire upon the appointment of the Inspector General by the Authority.


(Apr. 17, 1995, 109 Stat. 151, Pub. L. 104-8, § 303(e); Aug. 5, 1997, 111 Stat. 782, Pub. L. 105-33, § 11711(b).)

Prior Codifications

2001 Ed., § 2-321.01

1981 Ed., § 1-1182.8a.

Section References

This section is referenced in § 2-321.01.

References in Text

‘Its members’, referred to in subsec. (a), are the members of the District of Columbia Financial Responsibility and Management Assistance Authority.


Part G. Authority to Participate in Multistate Efforts to Develop Sales and Use Taxes.

§ 1–301.121. Definitions.

For the purposes of this part, the term:

(1) “Agreement” means the Streamlined Sales and Use Tax Agreement as amended and adopted on January 27, 2001.

(2) “Certified Automated System” means software certified jointly by the states that are signatories to the Agreement to calculate the tax imposed by each jurisdiction on a transaction, determine the amount of tax to remit to the appropriate state, and maintain a record of the transaction.

(3) “Certified Service Provider” means an agent certified jointly by the states that are signatories to the Agreement to perform all of the seller’s sales tax functions.

(4) “Person” means an individual, trust, estate, fiduciary, partnership, limited liability company, limited liability partnership, corporation, or any other legal entity.

(5) “Sales Tax” means the tax levied under Chapter 20 of Title 47.

(6) “Seller” means any person making sales, leases, or rentals of personal property or services.

(7) “State” means any state of the United States and the District of Columbia.

(8) “Use Tax” means the tax levied under Chapter 22 of Title 47.


(June 25, 2002, D.C. Law 14-156, § 2, 49 DCR 4272.)

Emergency Legislation

For temporary (90 day) amendment of section, see § 1132 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) additions, see §§ 2 and 3 of Commission on Uniform State Laws Appointment Authorization Emergency Act of 2009 (D.C. Act 18-132, July 6, 2009, 56 DCR 5692).

For temporary (90 day) additions, see §§ 2 and 3 of Commission on Uniform State Laws Appointment Authorization Emergency Act of 2010 (D.C. Act 18-403, May 19, 2010, 57 DCR 4508).

For temporary (90 day) additions, see §§ 2 and 3 of Commission on Uniform State Laws Appointment Authorization Congressional Review Emergency Act of 2010 (D.C. Act 18-503, July 30, 2010, 57 DCR 7576).

Temporary Legislation

Sections 2 and 3 of D.C. Law 18-59 added sections to read as follows:

“(a) The official commissioners of the District of Columbia to the National Conference of Commissioners on Uniform State Laws (‘NCCUSL’) shall be members of the District of Columbia Bar, and shall be appointed as follows:

“(c) In addition to the 5 members appointed under this section, the following persons shall be members of the Commission:

Section 5(b) of D.C. Law 18-59 provided that the act shall expire after 225 days of its having taken effect.

Sections 2 and 3 of D.C. Law 18-215 added sections to read as follows:

“Sec. 2. Appointments to National Conference of Commissioners on Uniform State Laws.

“(a) The official commissioners of the District of Columbia to the National Conference of Commissioners on Uniform State Laws (’NCCUSL’) shall be members of the District of Columbia Bar, and shall be appointed as follows:

“(1) Three commissioners shall be appointed by the Mayor;

“(2) One commissioner shall be appointed by the Chairman of the Council; and

“(3) One commissioner shall be appointed by the Chief Judge of the Superior Court of the District of Columbia.

“(b) Each commissioner appointed pursuant to subsection (a) of this section shall serve a term of 3 years, beginning on July 1 of the year of appointment, and shall serve until his or her successor is appointed.

“(c) In addition to the 5 members appointed under this section, the following persons shall be members of the NCCUSL:

“(1) Any resident of the District of Columbia who, because of long service in the cause of the uniformity of state legislation, shall have been elected a life member of the NCCUSL; and

“(2) The General Counsel to the Council of the District of Columbia, or his or her designee.

“(d) A person serving as a NCCUSL commissioner as of the effective date of this act may continue to serve until the expiration of his or her term, or until a successor has been appointed, whichever occurs later.

“Sec. 3. Duties of commissioners.

“(a) The commissioners shall advise the Mayor and the Council, and Council committees, concerning:

“(1) Proposals for uniform and model state laws;

“(2) The effect that the proposals would have on the laws of the District of Columbia; and

“(3) Other matters pertinent to desirable uniformity in legislation between the District and other jurisdictions.

“(b) Each commissioner shall attend the meetings of the NCCUSL and, both within and out of the NCCUSL, do all in his or her power to promote uniformity in state laws in all subjects in which uniformity is desirable and practicable.

“(c) The commissioners shall report to the Council after each annual meeting, and from time to time thereafter as the commissioners consider proper.”

Section 5(b) of D.C. Law 18-215 provided that the act shall expire after 225 days of its having taken effect.


§ 1–301.122. Authority to participate in multistate negotiations.

(a) For the purposes of reviewing or amending the Agreement embodying the simplification requirements as contained in § 1-301.125, the District of Columbia shall enter into multistate discussions. For purposes of the discussions, the District of Columbia shall be represented by 4 delegates.

(b) The Mayor shall appoint one delegate to serve at the pleasure of the Mayor.

(c) The Chairman of the Council shall appoint one delegate to serve at the pleasure of the Chairman of the Council.

(d) The Chief Financial Officer of the District of Columbia (“Chief Financial Officer”) shall appoint one delegate to serve at the pleasure of the Chief Financial Officer.

(e) The Council on State Taxation shall appoint one tax counsel to serve as a delegate of the District of Columbia. The Council on State Taxation shall notify the Mayor and the Chairman of the Council of the appointment by registered mail.


(June 25, 2002, D.C. Law 14-156, § 3, 49 DCR 4272; Mar. 13, 2004, D.C. Law 15-105, § 16, 51 DCR 881.)

Effect of Amendments

D.C. Law 15-105, in subsec. (a), validated a previously made technical correction.


§ 1–301.123. Authority to enter into agreement.

(a) The Chief Financial Officer may enter into the Agreement with one or more states to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and for all types of commerce. In furtherance of the Agreement, the Chief Financial Officer may act jointly with other states that are members of the Agreement to establish standards for certification of a Certified Service Provider and Certified Automated System and establish performance standards for multistate sellers.

(b) The Chief Financial Officer may take other actions reasonably required to implement the provisions set forth in this part. Other actions authorized by this section include the adoption of rules and regulations and the joint procurement, with other member states, of goods and services in furtherance of the cooperative agreement.

(c) The Chief Financial Officer, or his or her designee, may represent the District of Columbia before the other states that are signatories to the Agreement.


(June 25, 2002, D.C. Law 14-156, § 4, 49 DCR 4272.)


§ 1–301.124. Relationship to District of Columbia law.

No provision of the Agreement shall, in whole or part, invalidate or amend any provision of the law of the District of Columbia. Adoption of the Agreement by the District of Columbia shall not amend or modify any law of the District of Columbia. Implementation of any condition of the Agreement in the District of Columbia, whether adopted before, at, or after membership of the District of Columbia in the Agreement, shall be by the action of the Council.


(June 25, 2002, D.C. Law 14-156, § 5, 49 DCR 4272.)


§ 1–301.125. Agreement requirements.

The Chief Financial Officer shall not enter into the Streamlined Sales and Use Tax Agreement unless the Agreement addresses the following issues:

(1) The Agreement shall set restrictions to limit over time the number of state rates.

(2) The Agreement shall establish uniform standards for the sourcing of transactions to taxing jurisdictions; the administration of exempt sales; and sales and use tax returns and remittances.

(3) The Agreement shall provide a central, electronic registration system that allows a seller to register to collect and remit sales and use taxes for all signatory states.

(4) The Agreement shall provide that registration with the central registration system and the collection of sales and use taxes in the signatory states will not be used as a factor in determining whether the seller has nexus with a state for any tax.

(5) The Agreement shall provide for reduction of the burdens of complying with local sales and use taxes through the following:

(A) Restricting variances between the state and local tax bases;

(B) Requiring states to administer any sales and use taxes levied by local jurisdictions within the state so that sellers collecting and remitting these taxes will not have to register or file returns with, remit funds to, or be subject to independent audits from local taxing jurisdictions;

(C) Restricting the frequency of changes in the local sales and use tax rates and setting effective dates for the application of local jurisdictional boundary changes to local sales and use taxes; and

(D) Providing notice of changes in local sales and use tax rates and of changes in the boundaries of local taxing jurisdictions.

(6) The Agreement shall outline any monetary allowances that are to be provided by the states to sellers or Certified Service Providers. The Agreement shall allow for a joint public and private sector study of the compliance cost on sellers and Certified Service Providers to collect sales and use taxes for state and local governments under various levels of complexity to be completed by July 1, 2002.

(7) The Agreement shall require each state to certify compliance with the terms of the Agreement prior to joining and to maintain compliance, under the laws of the member state, with all provisions of the Agreement while a member.

(8) The Agreement shall require each state to adopt a uniform policy for Certified Service Providers that protects the privacy of consumers and maintains the confidentiality of tax information.

(9) The Agreement shall provide for the appointment of an advisory council of private sector representatives and an advisory council of non-member state representatives to consult with in the administration of the Agreement.


(June 25, 2002, D.C. Law 14-156, § 6, 49 DCR 4272.)

Section References

This section is referenced in § 1-301.122.


§ 1–301.126. Cooperating sovereigns.

The Agreement is an accord among individual cooperating sovereigns in furtherance of their governmental functions. The Agreement provides a mechanism among the member states to establish and maintain a cooperative, simplified system for the application and administration of sales and use taxes under the duly adopted law of each member state.


(June 25, 2002, D.C. Law 14-156, § 7, 49 DCR 4272.)


§ 1–301.127. Limited binding and beneficial effect.

(a) The Agreement shall bind and inure only to the benefit of the District of Columbia and the other member states. No person, other than a member state, is an intended beneficiary of the Agreement. Any benefit to a person other than a state shall be established by the law of the District of Columbia and the other member states and not by the terms of the Agreement.

(b) Consistent with subsection (a) of this section, no person shall have any cause of action or defense under the Agreement or by virtue of the District of Columbia’s approval of the Agreement. No person may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the District of Columbia, or any political subdivision of the District of Columbia, on the ground that the action or inaction is inconsistent with the Agreement.

(c) No law of the District of Columbia, or the application thereof, shall be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the Agreement.


(June 25, 2002, D.C. Law 14-156, § 8, 49 DCR 4272.)


§ 1–301.128. Seller and third party liability.

(a) A Certified Service Provider shall be the agent of a seller, with whom the Certified Service Provider has contracted, for the collection and remittance of sales and use taxes. As the seller’s agent, the Certified Service Provider shall be liable for sales and use tax due each member state on all sales transactions it processes for the seller except as set forth in this section. A seller that contracts with a Certified Service Provider shall not be liable to the state for sales or use tax due on transactions processed by the Certified Service Provider unless the seller misrepresented the type of items it sells or committed fraud. In the absence of probable cause to believe that the seller has committed fraud or made a material misrepresentation, the seller shall not be subject to audit on the transactions processed by the Certified Service Provider. A seller shall be subject to audit for transactions not processed by the Certified Service Provider. The member states acting jointly may perform a system check of the seller and review the seller’s procedures to determine if the Certified Service Provider’s system is functioning properly and the extent to which the seller’s transactions are being processed by the Certified Service Provider.

(b) A person that provides a Certified Automated System shall be responsible for the proper functioning of that system and shall be liable to the state for underpayments of tax attributable to errors in the functioning of the Certified Automated System. A seller that uses a Certified Automated System remains responsible and shall be liable to the state for reporting and remitting tax.

(c) A seller that has a proprietary system for determining the amount of tax due on transactions and has signed an agreement establishing a performance standard for that system shall be liable for the failure of the system to meet the performance standard.


(June 25, 2002, D.C. Law 14-156, § 9, 49 DCR 4272.)

Emergency Legislation

For temporary (90 day) addition of § 1-301.141, see § 3102 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).


Part H. Chief Financial Officer for the Department of Housing and Community Development.

§ 1–301.141. Chief Financial Officer for the Department of Housing and Community Development.

(a) The Chief Financial Officer shall appoint a chief financial officer for the Department of Housing and Community Development (“Department”), with the approval of the Director of the Department, to provide services solely to the Department. The chief financial officer for the Department shall not be the chief financial officer for any other executive branch office or agency. The chief financial officer for the Department shall have significant knowledge of, and experience with, programs the Department administers in conjunction with the United States Department of Housing and Urban Development.

(b) The Chief Financial Officer shall make the appointment under subsection (a) of this section at the earlier of the following:

(1) When the Chief Financial Officer conducts the reorganization of the Office of Chief Financial Officer; or

(2) December 1, 2002.


(Oct. 1, 2002, D.C. Law 14-190, § 1132, 49 DCR 6968.)

Short Title

Short title of subtitle C of title XI of Law 14-190: Section 1131 of D.C. Law 14-190 provided that subtitle C of title XI of the act may be cited as the Chief Financial Officer for the Department of Housing and Community Development Act of 2002.


Part I. Chief Financial Officer Additional Duties.

§ 1–301.151. Analysis of health care costs at Department of Corrections; plan to create Public Safety Overtime Bank.

In Fiscal Year 2003, the Chief Financial Officer shall:

(1) Analyze health care costs at the Department of Corrections and recommend alternatives based on the analysis; and

(2) Develop a plan to create a Public Safety Overtime Bank that would fund and oversee overtime expenditures by the Metropolitan Police Department, Fire and Emergency Medical Services Department, and the Department of Corrections.


(Oct. 1, 2002, D.C. Law 14-190, § 3202, 49 DCR 6968.)

Short Title

Short title of title XXXII of Law 14-190: Section 3201 of D.C. Law 14-190 provided that title XXXII of the act may be cited as the Chief Financial Officer Fiscal Year 2003 Duties Act of 2002.

Section 7231 of D.C. Law 20-61 provided that Subtitle W of Title VII of the act may be cited as the “Contingency Cash Reserve Notification Act of 2013”.


§ 1–301.152. Contingency cash reserve notification.

Within 3 business days after an allocation from or use of the contingency cash reserve fund established by § 1-204.50a, the Chief Financial Officer shall transmit to the Budget Director of the Council a report of the:

(1) Amount of the allocation or use; and

(2) Purpose of the allocation or use.


(Dec. 24, 2013, D.C. Law 20-61, § 7232, 60 DCR 12472.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 7232 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 7232 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 7231 of D.C. Law 20-61 provided that Subtitle W of Title VII of the act may be cited as the “Contingency Cash Reserve Notification Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 1–301.153. Marriage equality estate tax clarification.

The Chief Financial Officer is directed to make the clarifying changes to all estate tax forms, filing instructions, and regulations necessary to make it clear that all married couples are eligible for estate tax deductions and exclusions, including the spousal exclusion of bequests, whether direct or through trusts, to a surviving spouse, regardless of whether such marriage is recognized under federal law.


(Dec. 24, 2013, D.C. Law 20-61, § 7282, 60 DCR 12472.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 7282 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 7282 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Section 7281 of D.C. Law 20-61 provided that Subtitle BB of Title VII of the act may be cited as the “Marriage Equality Estate Tax Clarification Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 1–301.154. Statehood initiatives budgeting.

Beginning in Fiscal Year 2015, the Chief Financial Officer shall assign an individual agency-level code for Statehood Initiatives in the District’s financial system. The agency-level code shall be used to track the operating budget for the District’s efforts to achieve statehood and any funds that are appropriated for that purpose.


(Feb. 26, 2015, D.C. Law 20-155, § 1112, 61 DCR 9990.)

Emergency Legislation

For temporary (90 days) addition of section, see § 1112 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of section, see § 1112 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of section, see § 1112 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).


§ 1–301.155. Financial reporting.

(a) No later than December 1, 2014, and on a quarterly basis thereafter, until the approval of the Fiscal Year 2016 budget and financial plan, the Chief Financial Officer shall provide a report to the Council on the following subjects:

(1) Progress toward ensuring that the Fiscal Year 2016 budget will be balanced, including:

(A) Savings achieved to date;

(B) Additional revenue certified through revised revenue estimates; and

(C) Additional revenue that may be certified through revenue enhancements;

(2) An analysis of procurement reform efforts in Fiscal Year 2014, including:

(A) Contracts reviewed for potential cost savings;

(B) Savings secured through the renegotiation of existing contracts; and

(C) A report from the Office of Contracting and Procurement to the Chief Financial Officer regarding subparagraphs (A) and (B) of this paragraph,

(3) An analysis of personnel review efforts, including:

(A) Positions left vacant or eliminated as a result of cost-savings initiatives; and

(B) Savings secured through personnel savings; and

(4) Any other operating budget savings achieved or targeted in Fiscal Year 2014.

(b) Agencies shall report on their progress toward limiting personal and nonpersonal expenditures whether one-time or recurring.


(Feb. 26, 2015, D.C. Law 20-155, § 1142, 61 DCR 9990.)

Emergency Legislation

For temporary (90 days) addition of section, see §§ 1142 and 1143 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of section, see § 1142 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of section, see § 1142 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).


§ 1–301.156. Tax transparency.

For the purposes of this section and § 1-301.157, the term:

(1) “Categorical preference” means a tax preference that sets eligibility criteria and is potentially available to all entities that meet the criteria, subject to any funding limitations.

(2) “CFO” means the Chief Financial Officer of the District of Columbia.

(3) “Economic development purpose” means a goal to increase or retain business activity, including attracting new businesses or retaining existing ones, encouraging business expansion or investment, increasing or maintaining hiring, or increasing sales.

(4) “Individual preference” means a tax preference, such as a tax abatement, applied to one entity, project, or associated projects.

(5) “On-cycle tax preference” means a tax preference being reviewed in a current year.

(6) “Tax preference” shall have the same meaning as the phrase “tax expenditures” as defined in § 47-318(6).


(Feb. 26, 2015, D.C. Law 20-155, § 7132, 61 DCR 9990.)

Emergency Legislation

For temporary (90 days) addition of section, see § 7142 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of section, see § 7132 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of section, see § 7132 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).


§ 1–301.157. Tax preference review.

(a) The CFO shall review all locally adopted tax expenditures on a 5-year cycle and publish annually a report complying with the requirements of this section.

(b) By October 1, 2015, and by October 1 of every year thereafter, the CFO shall submit for publication in the District of Columbia Register a report for on-cycle tax preferences that complies with the requirements of this section.

(d) An on-cycle individual preference shall be analyzed and reported in the following manner:

(1) An individual preference shall be analyzed and reported in groupings of similarly purposed preferences, with the report focusing on collective effects or trends that emerge.

(2) The report shall include the stated purpose of the of tax preferences within the grouping, if clarified in the authorizing legislation.

(3) The report shall include the amount of lost revenue due to the tax preferences within the grouping.

(4) The report shall include an assessment of the general effects on the District resulting from the preferences.

(5) The report on groupings of individual preferences shall include recommendations on how to improve similar preferences in the future.

(6) For groupings of individual tax preferences with an economic development purpose, the analysis shall consider the economic impact of the preferences, and where sufficient data are available, take into account factors including:

(A) Whether the economic impact of the tax preferences would have been expected without the preferences;

(B) The extent to which the economic impact of the tax preferences was offset by economic losses elsewhere;

(C) The average economic impact for a level of direct expenditures equal to the cost of the tax preferences;

(D) The indirect economic impact of the tax preferences;

(E) The number of jobs created by the preference;

(F) The wages of the jobs created;

(G) The percentage of jobs filled by District residents; and

(H) Whether any terms of the tax preferences have been or are being satisfied.

(e) Except as provided in subsection (f) of this section, on-cycle categorical preferences shall receive a full review that, where sufficient data are available, includes:

(1) The purpose of the tax preference, if clarified in the authorizing legislation;

(2) The tax preference’s cost in terms of lost revenue;

(3) An assessment of whether the tax preference is meeting its goals;

(4) An assessment of whether the tax preference is achieving other goals;

(5) Recommendations for improving the effectiveness of the tax preference;

(6) Recommendations for whether the tax preference should be modified, discontinued, or remain in its existent state; and

(7) For tax preferences with an economic development purpose, an analysis that measures the economic impact of the preference, including:

(A) Whether the economic impact of the tax preference would have been expected without the preference;

(B) The extent to which the economic impact of the tax preference was offset by economic losses elsewhere;

(C) The average economic impact for a level of direct expenditures equal to the cost of the tax preference; and

(D) The indirect economic impact effect of the tax preference.

(f) For on-cycle categorical tax preferences that the CFO determines do not merit a full review, the CFO shall instead perform a summary review. In determining which tax preferences are appropriate for a summary review, the CFO shall consider factors including, at a minimum:

(1) The revenue lost due to the tax preference and the number of potential or actual claimants;

(2) Whether the revenue lost due to the preference has increased or decreased since the preference was last reviewed;

(3) Whether the preference has been included in legislative or administrative proposals to modify or repeal; and

(4) Whether the preference is required by Chapter 2 of this title [§  2-201.01 et seq.].

(g) A report on a categorical preference designated for summary review shall include:

(1) A narrative summary of the preference, including its purpose;

(2) The source and year of statutory authorization;

(3) The fiscal impact of the preference; and

(4) A description of the beneficiaries of the tax preference.

(h) All District agencies, offices, and instrumentalities shall cooperate with the CFO and shall provide any records, information, data, and data analysis needed to complete the reviews and reports required by this section.


(Feb. 26, 2015, D.C. Law 20-155, § 7133, 61 DCR 9990.)

Emergency Legislation

For temporary (90 days) addition of section, see § 7143 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) addition of section, see § 7133 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) addition of section, see § 7133 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).


Part J. District of Columbia Auditor Subpoena and Oath Authority.

§ 1–301.171. Subpoena power.

The District of Columbia Auditor may subpoena witnesses, compel the attendance and testimony of witnesses, and require the production of any records, including books, papers, documents, and any other evidence relating to any matter under investigation by the District of Columbia Auditor.


(Apr. 22, 2004, D.C. Law 15-146, § 2, 51 DCR 2597.)

Section References

This section is referenced in § 1-301.172.


§ 1–301.172. Refusal to obey subpoena.

(a) In a case of contumacy or refusal to obey a subpoena issued to a person under § 1-301.171, the Auditor may apply to the Superior Court of the District of Columbia for an order requiring the contumacious person to appear relating to the matter under investigation. Failure to obey the Court’s order shall be punishable as contempt of court.

(b) If the District of Columbia Auditor prevails, in whole or in part, in an application to the Superior Court of the District of Columbia in a suit to enforce a subpoena issued pursuant to § 1-301.171, the District of Columbia Auditor may be awarded reasonable attorney fees and other costs of litigation.

(c) If the District of Columbia Auditor prevails, in whole or in part, in an application to the Superior Court of the District of Columbia in a suit to enforce a subpoena issued pursuant to § 1-301.171 and is not awarded reasonable attorney’s fees, the District government agency or instrumentality challenging the enforcement order shall reimburse the District of Columbia Auditor for any litigation-related expenses or costs incurred.


(Apr. 22, 2004, D.C. Law 15-146, § 3, 51 DCR 2597; Mar. 11, 2010, D.C. Law 18-119, § 4(a), 57 DCR 906.)

Section References

This section is referenced in § 1-301.174.

Effect of Amendments

D.C. Law 18-119 designated the existing text as subsec. (a); and added subsecs. (b) and (c).


§ 1–301.173. Administration of oaths.

The District of Columbia Auditor, or a delegate authorized by the Auditor, may administer oaths, affirmations, or take affidavits, whenever necessary to perform the duties of the Auditor.


(Apr. 22, 2004, D.C. Law 15-146, § 4, 51 DCR 2597.)


§ 1–301.174. District of Columbia Auditor Legal Fund. [Repealed]

Repealed.


(Mar. 25, 1977, D.C. Law 1-96, § 4a; as added Mar. 11, 2010, D.C. Law 18-119, § 4(b), 57 DCR 906; Dec. 13, 2017, D.C. Law 22-33, § 1092, 64 DCR 7652.)

Emergency Legislation

For temporary (90 days) repeal of this section, see § 1092 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of this section, see § 1092 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


Part K. District of Columbia Auditor Compliance Unit. [Repealed]

§ 1–301.181. Establishment of a compliance unit. [Repealed]

Repealed.


(June 13, 2008, D.C. Law 17-176, § 2, 55 DCR 5390; Mar. 3, 2010, D.C. Law 18-111, § 2221(a), 57 DCR 181; Aug. 17, 2016, D.C. Law 21-143, § 2(a), 63 DCR 7589; Dec. 13, 2017, D.C. Law 22-33, § 1102, 64 DCR 7652.)

Section References

This section is referenced in § 1-301.183 and § 2-218.54.

Effect of Amendments

D.C. Law 18-111 rewrote subsec. (b), which had read as follows: “(b) The Unit shall conduct an audit and report on compliance related to real estate development transactions, agreements, or parcels (‘projects’) receiving government assistance, which were previously managed by the dissolved National Capital Revitalization Corporation and Anacostia Waterfront Corporation and placed under the management of the Office of the Deputy Mayor for Planning and Economic Development, pursuant to the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689).”

Emergency Legislation

For temporary (90 days) repeal of this section, see § 1102 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of this section, see § 1102 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2(a) of Repeal of Outdated and Unnecessary Audit Mandates Emergency Amendment Act of 2016 (D.C. Act 21-403, May 21, 2016, 63 DCR 7925).

For temporary (90 day) amendment of section, see § 2221(a) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 2221(a) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Short title: Section 2220 of D.C. Law 18-111 provided that subtitle W of title II of the act may be cited as the “Department of Small and Local Business Development Amendment Act of 2009”.

Editor's Notes

Section 7100 of D.C. Law 17-219 repealed section 6 of D.C. Law 17-176.


§ 1–301.182. Powers of the Unit. [Repealed]

Repealed.


(June 13, 2008, D.C. Law 17-176, § 3, 55 DCR 5390; Mar. 3, 2010, D.C. Law 18-111, § 2221(b), 57 DCR 181; Aug. 17, 2016, D.C. Law 21-143, § 2(b), 63 DCR 7589; Dec. 13, 2017, D.C. Law 22-33, § 1102, 64 DCR 7652.)

Effect of Amendments

D.C. Law 18-111 added subsec. (c).

Emergency Legislation

For temporary (90 days) repeal of this section, see § 1102 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of this section, see § 1102 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2(b) of Repeal of Outdated and Unnecessary Audit Mandates Emergency Amendment Act of 2016 (D.C. Act 21-403, May 21, 2016, 63 DCR 7925).

For temporary (90 day) amendment of section, see § 2221(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 2221(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).


§ 1–301.183. Reporting requirements. [Repealed]

Repealed.


(June 13, 2008, D.C. Law 17-176, § 4, 55 DCR 5390; Sept. 26, 2012, D.C. Law 19-171, § 5, 59 DCR 6190; Aug. 17, 2016, D.C. Law 21-143, § 2(c), 63 DCR 7589.)

Effect of Amendments

The 2012 amendment by D.C. Law 19-171 added “of this section” following “subsection (b)” in (c).

Emergency Legislation

For temporary (90 days) repeal of this section, see § 2(c) of Repeal of Outdated and Unnecessary Audit Mandates Emergency Amendment Act of 2016 (D.C. Act 21-403, May 21, 2016, 63 DCR 7925).

Editor's Notes

Section 6 of Law 17-176 provided: “This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.”


§ 1–301.184. Compliance review reporting requirements. [Repealed]

Repealed.


(June 13, 2008, D.C. Law 17-176, § 4a; as added Mar. 3, 2010, D.C. Law 18-111, § 2221(c), 57 DCR 181; Aug. 17, 2016, D.C. Law 21-143, § 2(d), 63 DCR 7589; Dec. 13, 2017, D.C. Law 22-33, § 1102, 64 DCR 7652.)

Emergency Legislation

For temporary (90 days) repeal of this section, see § 1102 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of this section, see § 1102 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 2(d) of Repeal of Outdated and Unnecessary Audit Mandates Emergency Amendment Act of 2016 (D.C. Act 21-403, May 21, 2016, 63 DCR 7925).

For temporary (90 day) addition, see § 2221(c) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) addition, see § 2221(c) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).


Part L. Office of the Deputy Mayor for Public Safety and Justice.

§ 1–301.191. Office of the Deputy Mayor for Public Safety and Justice; establishment; authority.

(a) Pursuant to § 1-204.04(b), the Council establishes the Office of the Deputy Mayor for Public Safety and Justice (“Office”), as a separate agency, subordinate to the Mayor, within the executive branch of the District of Columbia government, which shall be headed by the Deputy Mayor for Public Safety and Justice.

(b) Except as provided in subsection (d) of this section, the Deputy Mayor for Public Safety and Justice shall be appointed to head the Office pursuant to § 1-523.01(a).

(c) The Office shall:

(1) Be responsible for providing guidance and support to, and coordination of, public safety and of justice agencies within the District of Columbia government;

(2) Ensure accountability through general oversight over public safety and justice agencies, as well as the programs under the jurisdiction of the Office, including those listed in paragraph (5) of this subsection;

(3) Promote, coordinate, and oversee collaborative efforts among District government agencies, and between District and federal government agencies, to ensure public safety and enhance the delivery of public-safety and justice services;

(4) Serve as a liaison to federal government agencies associated with criminal justice or public-safety issues, in the coordination, planning, and implementation of public-safety and justice matters;

(5)(A) Be responsible for providing guidance and support to, and coordination of, the:

(i) Access to Justice Initiative;

(ii) Motor Vehicle Theft Prevention Commission;

(iii) Corrections Information Council;

(iv) Office of Justice Grants Administration; and

(v) Office of Victim Services.

(B) Funding for the programs listed in subparagraph (A) of this paragraph shall be specified by the annual Budget Request Act adopted by the Council. Nothing in this paragraph shall prevent the Office from contributing administrative and other support to further the purpose of these programs; and

(6) Beginning December 31, 2017, and by December 31 of each year thereafter, deliver a report to the Mayor and the Council that analyzes the trends associated with the Metropolitan Police Department’s felony crime statistics. The report shall include:

(A) The number and type of felony arrests made by the Metropolitan Police Department;

(B) The number of felony arrests that resulted in conviction and the sentence imposed;

(C) The location of felony arrests by ward, district, and police service area;

(D) The number of suspects involved in each felony arrest;

(E) The number of victims involved in each felony arrest;

(F) The characteristics of each suspect arrested for a felony crime, including:

(i) The age of the suspect;

(ii) The race of the suspect;

(iii) The gender of the suspect;

(iv) The level of education of the suspect;

(v) The police service area where the suspect resides;

(vi) The number of prior arrests the suspect has had with the Metropolitan Police Department;

(vii) The number and type of convictions on the suspect’s criminal record;

(viii) The suspect’s relationship, if any, to the victim of the crime for which he or she was charged; and

(ix) If known, whether the suspect has had prior contact with the Department of Behavioral Health; and

(G) The characteristics of each victim involved in a felony crime, including:

(i) The age of the victim;

(ii) The race of the victim;

(iii) The gender of the victim;

(iv) The level of education of the victim;

(v) The police service area where the victim resides;

(vi) The number of prior contacts the victim has had with the Metropolitan Police Department;

(vii) The number and type of convictions on the victim’s criminal record; and

(viii) The victim’s relationship, if any, to the suspect.

(d) Subsection (b) of this section shall not apply to the Deputy Mayor for Public Safety and Justice who is the incumbent head of the Office on September 14, 2011.


(Sept. 14, 2011, D.C. Law 19-21, § 3022, 58 DCR 6226; Oct. 22, 2015, D.C. Law 21-36, § 3022, 62 DCR 10905; June 30, 2016, D.C. Law 21-125, § 210, 63 DCR 4659.)

Effect of Amendments

The 2015 amendment by D.C. Law 21-36 substituted “Be responsible for providing guidance and support to, and coordination of, the” for “Oversee and provide administrative support for” in the introductory language of (c)(5)(A).

Applicability

Section 7014 of D.C. Law 22-33 repealed § 901 of D.C. Law 21-125. Therefore the changes made to this section by D.C. Law 21-125 have been implemented.

Section 3102(b) of D.C. Law 21-160 amended section 901(a) of D.C. Law 21-125, removing the subject to funding requirement. Therefore the changes made to this section by D.C. Law 21-125 have been given effect.

Applicability of D.C. Law 21-125: § 901 of D.C. Law 21-125 provided that the change made to this section by § 210 of D.C. Law 21-125 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of § 901 of D.C. Law 21-125, see § 7014 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) repeal of § 901 of D.C. Law 21-125, see § 7014 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 3022 the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Short Title

Short title: Section 3021 of D.C. Law 19-21 provided that subtitle C of title III of the act may be cited as “Office of the Deputy Mayor for Public Safety and Justice Establishment Act of 2011”.