Code of the District of Columbia

Subchapter I. Administrative Procedure.


§ 2–501. Effect of subchapter.

This subchapter shall supplement all other provisions of law establishing procedures to be observed by the Mayor and agencies of the District government in the application of laws administered by them, except that this subchapter shall supersede any such law and procedure to the extent of any conflict therewith.


(Oct. 21, 1968, 82 Stat. 1204, Pub. L. 90-614, § 101, formerly § 2; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(a), 22 DCR 2048; renumbered, Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c), 23 DCR 3744.)

Prior Codifications

1981 Ed., § 1-1501.

1973 Ed., § 1-1501.

Section References

This section is referenced in § 1-301.79, § 1-307.06, § 1-325.02, § 1-325.164, § 1-325.191, § 1-327.73, § 1-328.05, § 1-608.01, § 1-621.13, § 1-623.24, § 1-1001.05, § 1-1021.02, § 1-1161.01, § 1-1162.09, § 1-1171.06, § 1-1201, § 1-1329, § 2-218.68, § 2-219.05, § 2-361.06, § 2-1210.12, § 2-1212.41, § 2-1401.02, § 2-1402.53, § 2-1403.01, § 2-1403.12, § 2-1535.09, § 2-1831.01, § 3-1207.58, § 3-1209.06, § 3-1209.07, § 4-202.05, § 4-756.02, § 4-1302.02, § 4-1302.06, § 4-1303.03, § 4-1303.72, § 4-1410, § 4-1451.08, § 4-1704.07, § 5-107.04, § 5-1501.15, § 6-1405.01, § 6-1451.04, § 6-1451.11, § 7-248, § 7-1007, § 7-1305.06b, § 7-1531.27, § 7-1551.32, § 7-1671.13, § 7-1721.03, § 7-2081.04, § 7-2306, § 7-2341.18, § 7-2341.23, § 7-2361.03, § 7-2361.07, § 7-2361.09, § 7-2502.10, § 7-2504.06, § 7-2505.03, § 7-2507.06, § 7-2507.09, § 7-2507.11, § 7-2508.06, § 7-2871.05, § 8-104.07, § 8-108.05, § 8-171.04, § 8-231.18, § 8-411, § 8-732, § 8-802, § 8-1058, § 8-1778.48, § 8-1825.09, § 8-2211, § 10-307, § 10-551.08, § 11-722, § 11-1525, § 22-2603.01, § 24-1304, § 28:6-109, § 28-4606, § 28-5210, § 31-634, § 31-3012, § 31-3162, § 31-3171.17, § 31-3311.09, § 31-5031.23, § 31-5041.11, § 31-5051.06, § 32-1331.06, § 32-1331.14, § 32-1367, § 32-1410, § 32-1522, § 34-1521, § 37-131.10, § 38-174, § 38-205, § 38-272.03, § 38-275.01, § 38-651.12, § 38-756.01, § 38-771.06, § 38-771.07, § 38-828.01, § 38-1011.05, § 38-2602, § 38-2673, § 42-815.02, § 42-1904.12, § 42-1904.16, § 42-2705.01, § 42-3131.06, § 42-3141.11, § 42-3402.05a, § 44-635, § 44-637, § 44-658, § 47-351.16, § 47-406, § 47-464, § 47-825.01a, § 47-1276, § 47-2832.02, § 47-2884.17, § 47-2886.09, § 47-2888.08, § 48-851.04, § 48-853.10, § 48-1213, § 50-307, § 50-310, § 50-320, § 50-921.02, § 50-921.76, § 50-1301.04, § 50-1401.05, § 50-1403.01, § 50-1641.07, § 50-1806, § 50-2201.03, § 50-2301.05, § 50-2354, § 50-2552, § 50-2635, and § 50-2652.

Cross References

District of Columbia Court of Appeals, jurisdiction to review administrative orders and decisions, see § 11-722.

Boxing and wrestling commission, jurisdiction, see § 3-605.

Business improvement districts, hearings, see § 2-1215.06.

Business improvement districts, rulemaking, see § 2-1215.22.

Criminal justice supervisory board, rules governing operation, promulgation, see § 3-904.

Health and safety, civil infractions, hearing on notice of infraction, see § 2-1802.03.

Historic landmark and district protection, administrative review, see § 6-1112.

Housing Finance Agency, bonds and notes, issuance, see § 42-2704.02.

Litter control, hearing examiners, appointment and powers, see § 8-808.

Litter control administration, rules and regulations, see § 8-802.

Motor vehicles, international registration plan agreement, rules, see § 50-1507.07.

Motor vehicles, Public Parking Authority, revenue bonds, see § 50-2512.

Regional interstate banking, hearings, private sessions, see § 26-713.

Security and fire alarm systems, regulations, alarm dealers, licenses and permits, see § 7-2804.

Security and fire alarm systems, rules and regulations, saving clause, see § 7-2815.

Washington Convention Center Authority, duties of the Board of Directors, see § 10-1202.06.

Washington Convention Center Authority, power to issue bonds and notes, see § 10-1202.10.

Abandoned and junk vehicle removal, promulgation of rules and regulations, see § 50-2406.

Administrative Procedure Act defined, see § 2-1401.02.

Adult protective services, rules and regulations to be issued by Mayor, see § 7-1909.

Advisory neighborhood commissions, annual allocations, powers and duties of commission, rules to be issued by Mayor, see § 1-309.13.

Affirmative action requirements, development and promulgation of guidelines, compliance with Administrative Procedure Act, see § 2-1402.53.

AIDS and health care, rules and regulations to be issued by Mayor, see § 7-1606.

AIDS and HIV testing protocols, sexual offenders, promulgation of rules and regulations, see § 22-3903.

Air pollution control, promulgation of rules and regulations, see § 8-101.06.

Alternative fuels technology, promulgation of rules and regulations, see § 50-705.

Bicycles, fine and penalty schedule, see § 50-1634.

Bicycles, promulgation of rules and regulations, see § 50-1632.

Board of Elections and Ethics, authority to issue rules and regulations, compliance with Administrative Procedure Act, see § 1-1021.02.

Board of Elections and Ethics, powers and duties, hearings before 1 member panels, appeal, see § 1-1001.05.

Board of Real Property Assessments and Appeals, promulgation of administrative procedures, see § 47-825.01.

Board of Registration for Professional Engineers, appeal of adverse action, compliance with Administrative Procedure Act, see § 47-2886.09.

Boxing and wrestling commission, powers, see § 3-606.

Budget and financial management, rulemaking authority, mayor to issue implementing rules pursuant to Administrative Procedure Act, see § 47-351.16.

Building regulations, community development, acquisition and disposition of property, authority of Mayor, see § 6-1005.

Building regulations, construction codes, Mayor’s authority to amend, see § 6-1409.

Bulk transfers, fees for filing, indexing, and certificates, fees to be adopted pursuant to Administrative Procedure Act, see § 28:6-109.

Check cashing services, cease and desist orders, hearing procedures, see § 26-321.

Check cashing services, suspension and revocation of licenses, hearing procedures, see § 26-316.

Child care services and facilities, proposed rules and regulations to be issued by Mayor, see § 7-2007.

Child development homes insurance, liability coverage levels, promulgation of rules and regulations, see § 31-4003.

Child Protection Register, authority to retain information required for research, planning, evaluation and management, adoption of applicable rules, see § 4-1302.02.

Child Protection Register, procedures for challenging information, adoption of rules, see § 4-1302.06.

Child support enforcement, promulgation of rules and regulations, see § 46-227.

Cigarettes, below-cost sales, promulgation of rules and regulations, see § 28-4527.

Clinical laboratories, suspension and revocation of licenses, hearing procedures, see § 44-212.

Collection and disbursement of taxes, rates to be charged for issuing certificates, assessments, and duplicate returns, notice of change of rates to be published in accordance with Administrative Procedure Act, see § 47-406.

Commercial motor vehicle driver licenses, disqualified persons, see § 50-406.

Commercial motor vehicle driver’s licenses, promulgation of rules and regulations, see § 50-409.

Commission on Judicial Disabilities and Tenure, authority to make rules and regulations for commission’s operations, application of certain selected provisions of Administrative Procedure Act, see § 11-1525.

Compulsory/no-fault motor vehicle insurance, policy cancellations, appeals, see § 31-2409.

Condominiums, judicial review of actions of mayor, to be subject to Administrative Procedure Act, “rule making” standard to apply, see § 42-1904.16.

Condominiums, rules and regulations to be adopted by mayor in accordance with Administrative Procedure Act, coverage of rules, see § 42-1904.12.

Consumer credit service organizations, promulgation of rules and regulations, see § 28-4608.

Dangerous dogs, proposed rules and regulations, procedures for review, see § 8-2035.

Dangerous dogs, rules and regulations, authority of Mayor, see § 8-1908.

Day care, contracts with licensed child development centers, payment for services, see § 4-409.

Day care, payments to child development homes and to in-home caregivers, see § 4-410.

Director of Campaign Finance, discretion to investigate certain violations, compliance with Administrative Procedure Act, see § 1-1103.02.

Disability, hearing on claim, limited application of Administrative Procedure Act, see § 1-623.24.

Driver license interstate compact, promulgation of rules and regulations, see § 50-1002.

Drug manufacture and distribution licensure, promulgation of rules and regulations, see § 48-714.

Drug offenses, property forfeitures, promulgation of rules and regulations, see § 48-905.02.

Economic development zone incentives, Mayor’s authority to issue rules, see § 6-1506.

Education Licensure Commission, see § 38-1306.

Environmental impact statements, rules and regulations, authority of Mayor, see § 8-109.09.

Environmental impact statements, see § 8-109.03.

Family and medical leave, employer violations, hearing procedures, see § 32-509.

Family and medical leave, promulgation of rules and regulations, see § 32-517.

Financial institutions, interstate banking and branching, promulgation of rules and regulations, see §§ 26-711 and 26-741.

Fire safety, smoke detectors, fines and penalties, election of remedies, Mayor’s authority to issue proposed rules, see § 6-751.09.

Firearms control laws, application of Administrative Procedure Act, see § 7-2507.09.

Firearm dealer’s license, revocation or denial of application, notice of final decision, when effective, see § 7-2504.06.

Firearm registration certificate, revocation or denial of application, notice of final decision, when effective, see § 7-2502.10.

Food delivery insurance, promulgation of rules and regulations, see § 50-105.

Foreign insurance companies, transfer of corporate domicile, promulgation of rules and regulations, see § 31-1705.

Fund for Drug Prevention and Children at Risk, promulgation of rules and regulations, see § 47-4005.

Garbage disposal sites, authority of Mayor to acquire by purchase or condemnation, see § 8-705.

Government reorganization procedures, District boards and commissions, Mayor’s authority to issue rules and regulations, see §  1-315.07.

Hazardous materials transportation, rules and regulations to be issued by Mayor, see § 8-1405.

Hazardous waste management, pesticide applicators, see § 8-403.

Hazardous waste management, pesticide operations, administration and enforcement, adoption of regulations, see § 8-411.

Hazardous waste management, pesticide operations; denial, suspension, modification, and revocation of certification or license, see § 8-410.

Hazardous waste management, toxic source reduction, rules and regulations, see § 8-1322.

Health and safety, civil infractions, procedures in summary action, judicial review, see § 2-1801.06.

Health and safety, vital records, authority of Registrar of Human Services to issue regulations, see § 7-226.

Health maintenance organizations, civil and administrative penalties, procedural requirements, see § 31-3419.

Health occupations, registered acupuncture therapists, see § 3-1209.03. Health-care assistance reimbursement, rules to be issued by Mayor, see § 4-608.

Home Purchase Assistance Fund, promulgation of rules and regulations, see § 42-2625.

Housing finance agency, Administrative Procedure Act applicability to agency activities, see § 42-2705.01.

Housing Production Trust Fund, promulgation of rules and regulations, see § 42-2804.

Human Rights Office and Human Rights Commission, hearings to be conducted in accordance with procedures promulgated pursuant to the Administrative Procedures Act, see § 2-1403.12.

Human Rights Office and Human Rights Commission, rule-making authority, compliance with Administrative Procedure Act, see § 2-1403.01.

Indigent persons, public reimbursements for medical care, promulgation of rules and regulations, see § 44-706.

Inheritance and estate taxes, promulgation of rules and regulations, see § 47-3720.

Institutions of learning, person aggrieved by adverse action as to licensing may appeal as provided in Administrative Procedure Act, see § 29-617.

Insurance, AIDS and HIV testing protocols for insureds, appeals, see § 31-1604.

Insurance holding companies, promulgation of rules and regulations, see §§ 31-738 and 31-760.

Insurance, managing general agents, civil penalties, appeals, see § 31-1506.

Interstate compact on placement of children, delinquent children, hearings, appeal and review, see § 4-1424.

Interstate Compact on Placement of Children, promulgation of rules and regulations, see § 4-1422.

Licensing of health professionals, authority of Mayor to temporarily suspend licenses, appeals, see § 3-1205.15.

Licensing of health professionals, hearings, see § 3-1205.19.

Life insurance companies, promulgation of rules and regulations, see § 31-4728.

Limited liability partnerships, promulgation of filing fee schedules, see § 33-110.04.

Limited partnerships, promulgation of rules and regulations, see § 33-211.02.

Litter control administration, nuisance, hearing on violation, see § 8-805.

Litter control administration, rules and regulations to be issued by mayor, see § 8-810.

Long-term care ombudsman program, proposed rules and regulations to be issued by Mayor, see § 7-706.01.

Lottery and charitable games commission, licenses to conduct bingo games, raffles, and Monte Carlo night parties, see § 3-1323.

Lottery and charitable games control board, issuance of proposed rules, Monte Carlo night parties, see § 3-1322.01.

Low-level radioactive waste generator regulatory policy, rules and regulations to be issued by Mayor, see § 8-1506.

Mayor, authority to adopt and implement rules and regulations as to emergency executive orders, see § 7-2306.

Medicaid provider fraud prevention, rules, see § 4-805.

Medical and hospitalization service subscriptions, promulgation of rules and regulations, see § 31-3524

Medicare supplement insurance, promulgation of rules and regulations, see § 31-3710.

Mentally retarded citizens, duty of mayor to issue rules pursuant to Administrative Procedure Act implementing statutes, see § 7-1306.03a.

Merit system, career service positions, authority of Mayor to propose rules and regulations, see § 1-608.01.

Merit system, educational service, proposed rules and regulations to be issued by Mayor, see § 1-608.01a.

Merit system, health benefits, authority of Mayor to propose rules and regulations, see § 1-621.13.

Merit system, legal service, rulemaking authority of attorney general, see § 1-608.61.

Merit system, life insurance and benefit program study, authority of Mayor to propose rules and regulations, see § 1-622.14.

Merit system, retirement, authority of Mayor to propose rules and regulations, see § 1-626.08.

Merit system, tax-favored and pre-tax benefits programs, Mayor’s authority to issue rules and regulations, see § 1-611.19.

Metabolic disorders, screening tests, Mayor’s authority to issue rules, see § 7-833.

Metropolitan police, treatment of property, Mayor’s authority to propose rules and regulations, see § 5-119.10.

Mortgage lenders and brokers, promulgation of rules and regulations, see § 26-1121.

Mortgage lenders and brokers, rejection of license applications, hearing procedures, see § 26-1106.

Mortgage lenders and brokers, suspension and revocation of licenses, hearing procedures, see § 26-1119.

Motor fuel tax, promulgation of rules and regulations, see § 47-2315.

Motor vehicle safety responsibility, application of Administrative Procedure Act to administrative actions relating to licensing, registration, and financial responsibility, see § 50-1301.04.

Motor vehicles and traffic, mandatory use of seat belts, rules to be adopted pursuant to Administrative Procedure Act, see § 50-1806.

Motor vehicles and traffic, traffic regulations, publication of regulations in accordance with Administrative Procedure Act, see §  50-2201.03.

Nurses training corps, promulgation of rules and regulations, see § 38-1503.

Nursing homes and community residence facilities, promulgation of rules and regulations, see § 44-1005.01.

Nursing homes, hospices, and home care agencies, promulgation of rules and regulations, see § 44-504.

Occupational Safety and Health Board, promulgation of administrative procedures, see § 32-1105.

Occupational safety and health, promulgation of rules and regulations, see §§ 32-1107, 32-1108, and 32-1123.

Office of Director of Campaign Finance, presentation of certain civil and criminal matters to board by general counsel, compliance with Administrative Procedure Act, see § 1-1103.01.

Office of Energy, appointment of Director, duty to promulgate regulations in accordance with Administrative Procedure Act, see § 8-171.04.

Office of Interpreter Services, promulgation of rules and regulations, see § 2-1911.

Office of public records management, archival administration and library of governmental information, appointment of public records administrator, see § 2-1702.

Official correspondence, authority of Director of General Services to promulgate rules and regulations, see § 2-704.

Parental leave, employer violations, hearing procedures, see § 32-1204.

Personal property taxes, exemptions, promulgation of rules and regulations, see § 47-1508.

Personal property taxes, promulgation of rules and regulations, see § 47-1535.

Police and fire departments, office of citizen complaint review, duties of the executive director, see § 5-1106.

Prevention of blindness in infants, ophthalmia, Mayor’s authority to issue rules, see § 7-801.

Prisoners, youth offenders, youth rehabilitation, promulgation of rules and regulations, see § 24-907.

Programs for the aging, volunteer service credit program, rules and regulations to be issued by Mayor, see § 7-531.10.

Prohibition of buying and selling of human body parts, rules and regulations to be issued by Mayor, see § 7-1501.03.

Public assistance, general assistance for children program, see § 4-205.05a.

Public assistance, Mayor to issue rules, see § 4-202.05.

Public assistance payments, procedure for adjustment, compliance with Administrative Procedure Act, see § 4-205.52.

Public health, rules and regulations, prevention and control of spread of communicable diseases, see § 7-131

Public utility environmental impact statements, promulgation of rules and regulations, see § 34-2604.

Public welfare supervision, adoption subsidy payments, see § 4-301.

Radon testing and mitigation programs, promulgation of rules and regulations, see § 28-4202.

Real property tax exemptions, promulgation of rules and regulations, see § 47-1010.01.

Real property value assessment, promulgation of rules and regulations, see § 47-820.01.

Recorder of Deeds, promulgation of rules and regulations, see § 42-1117.

Registration of motor vehicles, promulgation of fee schedules, see § 50-1501.03.

Registration of state officials entering District, authority of Chief of Metropolitan Police Department to promulgate regulations, see § 5-1202.

Regulation of horse-drawn carriage trade, rules and regulations, authority of Mayor, see § 8-2013.

Reports of cancer and malignant neoplastic diseases, prevention, rules and regulations, authority of Mayor, see § 7-301.

Restrictions on phosphate cleaners, implementation of provisions, Mayor’s authority to issue rules, see § 8-107.02.

Retail service stations, moratorium on conversions to limited service retail service stations, rules to be issued by Office of Energy, see § 36-304.01.

Savings and loan association acquisitions, promulgation of rules and regulations, see § 26-1209.

School attendance requirements, school enrollment reports, promulgation of rules and regulations, see § 38-205.

Senior Citizens’ Home Repair and Improvement Fund, promulgation of rules and regulations, see § 42-2206.

Soil and water conservation, liaisons, cooperative agreements, resource conservation programs, public hearings, publications, see § 8-1709.

Solid waste facility permits, authority to adopt implementing rules and regulations in accordance with Administrative Procedure Act, see § 8-1058.

Solid waste facility permits, judicial review of adverse action, application of Administrative Procedure Act, see § 8-1060.

Solid waste management and multi-material recycling, proposed rules and regulations to be issued by Mayor, see § 8-1023.

Solid waste management and multi-material recycling, rules and regulations to be issued by Mayor, see § 8-1018.

Spouse equity, authority of Mayor to propose rules and regulations, see § 1-529.05.

State Health Planning and Development Agency (SHPDA), promulgation of rules and regulations, see § 44-421.

Statewide Health Coordinating Council, promulgation of administrative procedures, see § 44-403.

Streets, make a difference selection committee, authority of Mayor to issue rules for the implementation of subchapter VIII of Chapter 12 of Title 9, see § 9-1215.08.

Student health care, promulgation of rules and regulations, see §§ 38-608 and 38-621.

Substance abuse treatment facilities, promulgation of rules and regulations, see § 44-1207.

Supermarket tax incentives, promulgation of rules and regulations, see § 47-3804.

Surveyor of District of Columbia, authority to revise fee schedules, notice of revision to comply with Administrative Procedure Act, see § 1-1329.

Tax Revision Commission, rulemaking authority, consistency with Administrative Procedure Act, see § 47-464.

Taxicab Commission Fund, funding and expenditures, see § 50-320.

Taxicab Commission, panels, promulgation of administrative procedures, see § 50-310.

Taxicabs, Panel on Rates and Rules, promulgation of rules and regulations, see § 47-2829.

Tenant Assistance Program, promulgation of administrative procedures, see § 42-3503.02.

Underground storage tank management, rules and regulations, authority of Mayor, see § 8-113.12.

University of the District of Columbia, Board of Trustees, promulgation of election rules and procedures, see § 38-1202.01.

Wastewater control, administrative enforcement, see § 8-105.10.

Wastewater control, powers and duties of water and sewer authority, see § 8-105.07.

Wastewater controls, actual or threatened discharge, suspension of water service, see § 8-105.12.

Water and Sewer Authority, issuance of revenue bonds, requirements, see § 34-2202.09.

Water and sewer services, delinquencies, amnesty and receivership programs, promulgation of rules and regulations, see § 34-2306.

Water pollution control, implementation, Mayor’s authority to issue rules, see § 8-103.20.

Workers’ compensation, compensation orders, appeal of adverse final decision, application of Administrative Procedure Act, see § 32-1522.

Youth residential facilities licensures, monitoring of residents placed outside District or in therapeutic care, see § 7-2106.

Zoning and height of buildings, amendment procedures, public hearing requirement, see § 6-641.03.

Editor's Notes

The Law Effective Date Notice for D.C. Law 1-96, published on April 8, 1977, was incorrect and was corrected on June 3, 1977, and published at 23 DCR 9532b.

Mayor's Orders

D.C. Board of Appeals and Review established: See Mayor’s Order 84-79, April 26, 1984, as amended by Mayor’s Order 86-50, March 31, 1986.


§ 2–502. Definitions.

As used in this subchapter:

(1)(A) The term “Mayor” means the Mayor of the District of Columbia, or his or her designated agent.

(B) The term “Council” means the Council of the District of Columbia established by § 1-204.01(a) unless the term “District of Columbia Council” is used in which event it shall mean the District of Columbia Council established by subsection (a) of § 201 of Reorganization Plan No. 3 of 1967 (81 Stat. 948).

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

(3) The term “agency” includes both subordinate agency and independent agency.

(4) The term “subordinate agency” means any officer, employee, office, department, division, board, commission, or other agency of the government of the District, other than an independent agency or the Mayor or the Council, required by law or by the Mayor or the Council to administer any law or any rule adopted under the authority of a law.

(5) The term “independent agency” means any agency of the government of the District with respect to which the Mayor and the Council are not authorized by law, other than this subchapter, to establish administrative procedures, but does not include the several courts of the District and the Tax Division of the Superior Court.

(6)(A) The term “rule” means the whole or any part of any Mayor’s or agency’s statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the organization, procedure, or practice requirements of the Mayor or of any agency.

(B) The term “rule” does not include any statement for guiding, directing or otherwise regulating vehicular or pedestrian traffic, including any statement controlling parking, standing, stopping or a construction detour; provided, that:

(i) The contents of the statement are indicated to the public on one or more signs, signals, meters, markings or other similar devices located on or adjacent to a street, avenue, road, highway or other public space and are posted on the website of the District Department of Transportation;

(ii) The proposed installation, modification or removal of the statement is based on engineering or other technical considerations;

(iii) The proposed installation, modification or removal of the statement does not involve substantial policy considerations; and

(iv) The Council and the affected Advisory Neighborhood Commissions (“ANC”) are provided with 30-days written notice via electronic delivery, excluding Saturdays, Sundays and legal holidays, of an agency’s intent to install, modify or remove any of these statements, and any ANC recommendation, if provided, is given great weight pursuant to § 1-309.10.

(7) The term “rulemaking” means Mayor’s or agency’s process for the formulation, amendment, or repeal of a rule.

(8) The term “contested case” means a proceeding before the Mayor or any agency in which the legal rights, duties, or privileges of specific parties are required by any law (other than this subchapter), or by constitutional right, to be determined after a hearing before the Mayor or before an agency, but shall not include:

(A) Any matter subject to a subsequent trial of the law and the facts de novo in any court;

(B) The selection or tenure of an officer or employee of the District;

(C) Proceedings in which decisions rest solely on inspections, tests, or elections;

(D) Cases in which the Mayor or an agency act as an agent for a court of the District; and

(E) Requests for relief from the requirements of Chapter 10 of Title 11-C of the District of Columbia Municipal Regulations, as permitted under that chapter; provided, that such requests shall be approved under such procedures as may be adopted by the Zoning Commission, which procedures need not include a hearing.

(9) The term “person” includes individuals, partnerships, corporations, associations, and public or private organizations of any character other than the Mayor, the Council, or an agency.

(10) The term “party” includes the Mayor and any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in any proceeding before the Mayor or an agency, but nothing herein shall be construed to prevent the Mayor or an agency from admitting the Mayor or any person or agency as a party for limited purposes.

(11) The term “order” means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) of the Mayor or of any agency in any matter other than rulemaking, but including licensing.

(12) The term “license” includes the whole or part of any permit, certificate, approval, registration, charter, membership, statutory exemption, or other form of permission granted by the Mayor or any agency.

(13) The term “licensing” includes process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license by the Mayor or an agency.

(14) The term “relief ” includes the whole or part of any Mayor’s or agency’s:

(A) Grant of money, assistance, license, authority, exemption, exception, privilege, or remedy;

(B) Recognition of any claim, right, immunity, privilege, exemption, or exception; and

(C) Taking of any other action upon the application or petition of, and beneficial to, any person.

(15) The term “proceeding” means any process of the Mayor or an agency as defined in paragraphs (6), (11), and (12) of this section.

(16) The term “sanction” includes the whole or part of any Mayor’s or agency’s:

(A) Prohibition, requirement, limitation, or other condition affecting the freedom of any person;

(B) Withholding of relief;

(C) Imposition of any form of penalty or fine;

(D) Destruction, taking, seizure, or withholding of property;

(E) Assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees;

(F) Requirement, revocation, or suspension of a license; and

(G) Taking of other compulsory or restrictive action.

(17) The term “regulation” means the whole or any part of any District of Columbia Council statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the organization, procedure, or practice requirements of the Mayor, District of Columbia Council, or any agency.

(18) The term “public record” includes all books, papers, maps, photographs, cards, tapes, recordings, vote data (including ballot-definition material, raw data, and ballot images), or other documentary materials, regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body. Public records include information stored in an electronic format.

(18A) The term “public body” means the Mayor, an agency, or the Council of the District of Columbia.

(19) The term “adjudication” means the agency process, other than rulemaking, for the formulation, issuance, and enforcement of an order.

(20) The term “publish” means, for the official publications described in § 2-504, to issue, in print or electronic format, textual or graphic material for sale or distribution to the public.


(Oct. 21, 1968, 82 Stat. 1204, Pub. L. 90-614, § 102, formerly § 3; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(b)-(q), 22 DCR 2048; renmumbered, Mar. 29, 1977, D.C. Law 1-96,§ 3(a), (c), (d), 23 DCR 3744; Apr. 3, 2001, D.C. Law 13-249, § 2, 48 DCR 662; Apr. 27, 2001, D.C. Law 13-283, § 2, 48 DCR 1917; Mar. 14, 2007, D.C. Law 16-275, § 201, 54 DCR 880; Mar. 25, 2009, D.C. Law 17-353, § 162, 56 DCR 1117; Feb. 4, 2010, D.C. Law 18-103, § 3, 56 DCR 9169; Sept. 24, 2010, D.C. Law 18-223, § 1082, 57 DCR 6242; Sept. 20, 2012, D.C. Law 19-168, § 6022, 59 DCR 8025; Sept. 26, 2012, D.C. Law 19-171, § 16, 59 DCR 6190; Sept. 23, 2017, D.C. Law 22-24, § 3, 64 DCR 7647.)

Prior Codifications

1981 Ed., § 1-1502.

1973 Ed., § 1-1502.

Section References

This section is referenced in § 2-539, § 2-551, § 2-631, § 2-1831.01, § 4-1303.31, § 6-209, § 8-171.02, § 11-1525, and § 31-633.

Effect of Amendments

D.C. Law 13-249, in par. (6), designated subpar. (A) and added subpar. (B).

D.C. Law 13-283 rewrote par. (18) and added par. (18A). Prior to amendment, par. (18) read:

“(18) The term ‘public record’ includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by the Mayor and agencies.”

D.C. Law 16-275, in par. (8), added subpar. (E).

D.C. Law 17-353, in par. (8)(E), substituted “Requests” for “Request”.

D.C. Law 18-103, in par. (18), substituted “tapes, recordings, vote data (including ballot-definition material, raw data, and ballot images),” for “tapes, recordings,”.

D.C. Law 18-223 added par. (20).

The 2012 amendment by D.C. Law 19-168 added “and are posted on the website of the District Department of Transportation” in (6)(B)(i); and added “via electronic delivery” in (6)(B)(iv).

The 2012 amendment by D.C. Law 19-171 added a comma following “used” in (18).

Cross References

“Agency” defined to mean and include executive departments, other establishments in executive branch, and any independent regulatory agency, see § 8-171.02.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3 of Inclusionary Zoning Consistency Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-148, Oct. 10, 2017, 64 DCR 10447).

For retroactive applicability of D.C. Act 22-76, see § 6 of D.C. Act 22-76.

For temporary (90 days) amendment of this section, see § 3 of Inclusionary Zoning Consistency Emergency Amendment Act of 2017 (D.C. Act 22-76, June 13, 2017, 64 DCR 6082).

For temporary (90 day) amendment of section, see § 3 of Omnibus Election Reform Emergency Amendment Act of 2009 (D.C. Act 18-236, November 30, 2009, 56 DCR 9154).

For temporary (90 day) amendment of section, see § 1082 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 1081 of D.C. Law 18-223 provided that subtitle I of title I of the act may be cited as the “Legal Publications Modernization Amendment Act of 2010”.

Editor's Notes

Section 6 of D.C. Law 22-24 provided that Law 22-24 "shall apply as of June 5, 2017, which is the effective date of the amendments to the inclusionary zoning regulations, set forth at Chapter 10 of Title 11-C of the District of Columbia Municipal Regulations, that were promulgated by the Zoning Commission for the District of Columbia on October 17, 2016 in its Notice of Final Rulemaking and Zoning Commission Order No. 04-33G (63 DCR 15404)."

The Law Effective Date Notice for D.C. Law 1-96, published on April 8, 1977, was incorrect and was corrected on June 3, 1977, and published at 23 DCR 9532b.

District of Columbia Tax Court abolished: The District of Columbia Tax Court, formerly referred to in paragraph (5), was abolished by § 161(a) of Pub. L. 91-358, 84 Stat. 579, and the functions thereof are now vested in the Tax Division of the Superior Court of the District of Columbia.

“District of Columbia Council statement,” referred to in (17), should probably appear as “statement of the Council of the District of Columbia” or “Council statement,” in view of (1)(B) and the fact that this section refers to current and ongoing Council activity.

Uniform Law: This section is based upon § 1 of the Uniform Law Commissioners’ Model State Administrative Procedure Act (1961 Act).


§ 2–503. Establishment of procedures.

(a) The Mayor and the Council shall, for the Mayor and for each subordinate agency, establish or require each subordinate agency to establish procedures in accordance with this subchapter.

(b) Each independent agency shall establish procedures in accordance with this subchapter.

(c) The procedures required to be established by subsections (a) and (b) of this section shall include requirements of practice before the Mayor and each agency.


(Oct. 21, 1968, 82 Stat. 1205, Pub. L. 90-614, § 103, formerly § 4; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(r), (s), 22 DCR 2051; renumbered, Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c), 23 DCR 3744.)

Prior Codifications

1981 Ed., § 1-1503.

1973 Ed., § 1-1503.

Editor's Notes

The Law Effective Date Notice for D.C. Law 1-96, published on April 8, 1977, was incorrect and was corrected on June 3, 1977, and published at 23 DCR 9532b.


§ 2–504. Official publications.

(a) The Mayor shall cause to be published the official publications known as the District of Columbia Register and the District of Columbia Municipal Regulations pursuant to subchapter III of this chapter.

(b) All courts within the District shall take judicial notice of rules, regulations, and Council acts and resolutions published or of which notice is given in the District of Columbia Register or the District of Columbia Municipal Regulations pursuant to subchapter III of this chapter.

(c) Publication in the District of Columbia Register of Council acts and resolutions, regulations adopted, amended, or repealed by the District of Columbia Council and rules adopted, amended, or repealed by the Mayor or by any agency shall not be considered as a substitute for publication in 1 or more newspapers of general circulation when such publication is required by statute.


(Oct. 21, 1968, 82 Stat. 1206, Pub. L. 90-614, § 104, formerly § 5; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(t)-(x), 22 DCR 2051; renumbered, Mar. 29, 1977, D.C. Law 1-96,§ 3(a), 23 DCR 3744; Apr. 19, 1977, D.C. Law 1-120, § 2, 23 DCR 9924; Mar. 6, 1979, D.C. Law 2-153, § 6(a), 25 DCR 6960.)

Prior Codifications

1981 Ed., § 1-1505.

1973 Ed., § 1-1504.

Section References

This section is referenced in § 1-309.14, § 1-606.10, § 2-502, § 2-601, and § 11-1525.

Cross References

“District of Columbia Register” defined, see § 2-601.

Editor's Notes

The Law Effective Date Notice for D.C. Law 1-96, published on April 8, 1977, was incorrect and was corrected on June 3, 1977, and published at 23 DCR 9532b.


§ 2–505. Public notice and participation in rulemaking; emergency rules.

(a) The Mayor and each independent agency shall, prior to the adoption of any rule or the amendment or repeal thereof, publish in the District of Columbia Register (unless all persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law) notice of the intended action so as to afford interested persons opportunity to submit data and views either orally or in writing, as may be specified in such notice. The notice shall also contain a citation to the legal authority under which the rule is being proposed. The publication or service required by this subsection of any notice shall be made not less than 30 days prior to the effective date of the proposed adoption, amendment, or repeal, as the case may be, except as otherwise provided by the Mayor or the agency upon good cause found and published with the notice.

(b) Any interested person may petition the Mayor or an independent agency requesting the promulgation, amendment, or repeal of any rule. The Mayor and each independent agency shall prescribe by rule the form for such petitions, and the procedure for their submission, consideration, and disposition. Nothing in this subchapter shall make it mandatory that the Mayor or any agency promulgate, amend, or repeal any rule pursuant to a petition therefor submitted in accordance with this section.

(c) Notwithstanding any other provision of this section, if, in an emergency, as determined by the Mayor or an independent agency, the adoption of a rule is necessary for the immediate preservation of the public peace, health, safety, welfare, or morals, the Mayor or such independent agency may adopt such rules as may be necessary in the circumstances, and such rule may become effective immediately. Any such emergency rule shall forthwith be published and filed in the manner prescribed in subchapter III of this chapter. No such rule shall remain in effect longer than 120 days after the date of its adoption.


(Oct. 21, 1968, 82 Stat. 1206, Pub. L. 90-614, § 105, formerly § 6; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(y), 22 DCR 2053; renumbered, Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c), (e), 23 DCR 3744; Apr. 12, 2000, D.C. Law 13-91, § 167, 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-1506.

1973 Ed., § 1-1505.

Section References

This section is referenced in § 1-309.01, § 1-309.10, § 1-604.05, § 2-1831.05, § 2-1831.09, § 2-1831.11, § 4-301, § 6-1409, § 8-1021, § 8-1305, § 8-1805, § 11-1525, § 25-354, § 28:9-102, § 28:9-109, § 28:9-110, § 28:9-309, § 31-1375.01, § 31-2231.25, § 31-2307, § 31-2502.01, § 32-1109, § 38-303, § 38-1002, § 38-1202.06, § 38-2608, § 47-383, § 47-384, § 47-2501, § 47-3919, § 50-307, and § 50-2301.05.

Effect of Amendments

D.C. Law 13-91, in subsec. (a), inserted the second sentence.

Cross References

Adoption of children, publication of rules and regulations, see § 4-301.

Advisory neighborhood commissions, proposed actions of District government policy, prior notice required, see § 1-309.10.

Animals at large or dangerous animals, disposal after impoundment, governing rules to be adopted after prior notice and public participation, see § 8-1805.

District of Columbia Commission on Judicial Disabilities and Tenure, application of Administrative Procedure Act to commission, see § 11-1525.

Fees for select adult, continuing, and community education courses and certification programs, to be set by board of education after publication of prior notice, see § 38-1002.

Gas, electric lighting, telephone, and telecommunications companies, gross receipts tax, rulemaking authority as to, see § 47-2501.

Hazardous waste management, adoption of rules and regulations, prior notice and public participation required, see § 8-1305.

Merit system, adoption of rules and regulations, prior notice required, see § 1-604.05.

Motor vehicles and traffic, regulation of taxicabs, panel on rates and rules, required notice of intended action and opportunity to be heard, see § 50-308.

Occupational safety and health, emergency temporary rules, basis for adoption, procedure, see § 32-1109.

Publication of notice of application for grant funds, see § 47-384.

Solid waste management, paper and paper products, minimum recycled content exemption, publication of notice of intended action as to exemption, see § 8-1021.

Taxation and fiscal affairs, budget and financial management, grant application procedure, governing rules and regulations to be adopted after notice and hearing, see § 47-383.

Toll telecommunication service tax, rulemaking authority, publication of prior notice and opportunity to be heard, see § 47-3919.

University of the District of Columbia, tuition and fees, to be set by board of trustees after publication of notice, see § 38-1202.06.

Editor's Notes

The Law Effective Date Notice for D.C. Law 1-96, published on April 8, 1977, was incorrect and was corrected on June 3, 1977, and published at 23 DCR 9532b.

Uniform Law: This section is based upon §§ 3 and 6 of the Uniform Law Commissioners’ Model State Administrative Procedure Act (1961 Act).


§ 2–506. Filing and publishing of rules.

Repealed.


(Oct. 21, 1968, 82 Stat. 1207, Pub. L. 90-614, § 106, formerly § 7; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(g), 22 DCR 2048; renumbered, Mar. 29, 1977, D.C. Law 1-96 § 3(a), (c), 23 DCR 3744; Mar. 6, 1979, D.C. Law 2-153, § 6(b), 25 DCR 6960.)

Prior Codifications

1981 Ed., Omitted.

1973 Ed., § 1-1506.

Editor's Notes

The Law Effective Date Notice for D.C. Law 1-96, published on April 8, 1977, was incorrect and was corrected on June 3, 1977, and published at 23 DCR 9532b.


§ 2–507. Compilation of rules and regulations.

(a) As soon as practicable after the effective date of this subchapter, the Mayor shall have compiled, indexed, and published in the District of Columbia Register all regulations adopted by the District of Columbia Council and rules adopted by the Mayor and District of Columbia Council and each agency and in effect at the time of such compilation. Such compilations shall be promptly supplemented or revised as may be necessary to reflect new regulations and rules and changes in regulations and rules.

(b) Compilations shall be made available to the public at a price fixed by the Mayor.

(c) The Mayor must publish the 1st compilation required by subsection (a) of this section within 1 year after the effective date of this subchapter and no regulations adopted by the District of Columbia Council nor rule adopted by the Mayor or by an agency before the date of such 1st publication which has not been filed and published in accordance with this subchapter and which is not set forth in such compilation shall be in effect after 1 year after the effective date of this subchapter.


(Oct. 21, 1968, 82 Stat. 1207, Pub. L. 90-614, § 107, formerly § 8; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(g), 22 DCR 2048; renumbered, Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c), 23 DCR 3744; Mar. 6, 1979, D.C. Law 2-153, § 6(b), 25 DCR 6960.)

Prior Codifications

1981 Ed., § 1-1507.

1973 Ed., § 1-1507.

Section References

This section is referenced in § 11-1525.

Editor's Notes

The Law Effective Date Notice for D.C. Law 1-96, published on April 8, 1977, was incorrect and was corrected on June 3, 1977, and published at 23 DCR 9532b.

Uniform Law: This section is based upon § 5 of the Uniform Law Commissioners’ Model State Administrative Procedure Act (1961 Act).

“District of Columbia Council”, appearing twice in (a) and once in (c), should probably be “Council of the District of Columbia” or “Council”, in view of § 1-1502(1)(B) and the fact that this section refers to current and ongoing Council activity.


§ 2–508. Declaratory orders.

On petition of any interested person, the Mayor or an agency, within their discretion, may issue a declaratory order with respect to the applicability of any rule, regulation, Council act or resolution, or statute enforceable by them or by it, to terminate a controversy (other than a contested case) or to remove uncertainty. A declaratory order, as provided in this section, shall be binding between the Mayor or the agency, as the case may be, and the petitioner on the state of facts alleged and established, unless such order is altered or set aside by a court. A declaratory order is subject to review in the manner provided in this subchapter for the review of orders and decisions in contested cases, except that the refusal of the Mayor or of an agency to issue a declaratory order shall not be subject to review. The Mayor and each agency shall prescribe by rule the form for such petitions and the procedure for their submission, consideration, and disposition.


(Oct. 21, 1968, 82 Stat. 1207, Pub. L. 90-614, § 108, formerly § 9; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(ff), 22 DCR 2054; renumbered, Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c), 23 DCR 3744.)

Prior Codifications

1981 Ed., § 1-1508.

1973 Ed., § 1-1508.

Editor's Notes

The Law Effective Date Notice for D.C. Law 1-96, published on April 8, 1977, was incorrect and was corrected on June 3, 1977, and published at 23 DCR 9532b.

Uniform Law: This section is based upon § 8 of the Uniform Law Commissioners’ Model State Administrative Procedure Act (1961 Act).


§ 2–509. Contested cases.

(a) In any contested case, all parties thereto shall be given reasonable notice of the afforded hearing by the Mayor or the agency, as the case may be. The notice shall state the time, place, and issues involved, but if, by reason of the nature of the proceeding, the Mayor or the agency determines that the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable, and opportunity shall be afforded all parties to present evidence and argument with respect thereto. The notice shall also state that if a party or witness is deaf, or because of a hearing impediment cannot readily understand or communicate the spoken English language, the party or witness may apply to the agency for the appointment of a qualified interpreter. Unless otherwise required by law, other than this subchapter, any contested case may be disposed of by stipulation, agreed settlement, consent order, or default.

(b) In contested cases, except as may otherwise be provided by law, other than this subchapter, the proponent of a rule or order shall have the burden of proof. Any oral and any documentary evidence may be received, but the Mayor and every agency shall exclude irrelevant, immaterial, and unduly repetitious evidence. Every party shall have the right to present in person or by counsel his case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Where any decision of the Mayor or any agency in a contested case rests on official notice of a material fact not appearing in the evidence in the record, any party to such case shall on timely request be afforded an opportunity to show the contrary.

(c) The Mayor or the agency shall maintain an official record in each contested case, to include testimony and exhibits, but it shall not be necessary to make any transcription unless a copy of such record is timely requested by any party to such case, or transcription is required by law, other than this subchapter. The testimony and exhibits, together with all papers and requests filed in the proceeding, and all material facts not appearing in the evidence but with respect to which official notice is taken, shall constitute the exclusive record for order or decision. No sanction shall be imposed or rule or order or decision be issued except upon consideration of such exclusive record, or such lesser portions thereof as may be agreed upon by all the parties to such case. The cost incidental to the preparation of a copy or copies of a record or portion thereof shall be borne equally by all parties requesting the copy or copies.

(d) Whenever in a contested case a majority of those who are to render the final order or decision did not personally hear the evidence, no order or decision adverse to a party to the case (other than the Mayor or an agency) shall be made until a proposed order or decision, including findings of fact and conclusions of law, has been served upon the parties and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to a majority of those who are to render the order or decision, who, in such case, shall personally consider such portions of the exclusive record, as provided in subsection (c) of this section, as may be designated by any party.

(e) Every decision and order adverse to a party to the case, rendered by the Mayor or an agency in a contested case, shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact. Findings of fact and conclusions of law shall be supported by and in accordance with the reliable, probative, and substantial evidence. A copy of the decision and order and accompanying findings and conclusions shall be given by the Mayor or the agency, as the case may be, to each party or to his attorney of record.


(Oct. 21, 1968, 82 Stat. 1208, Pub. L. 90-614, § 109, formerly § 10; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(gg)-(kk), 22 DCR 2054; renumbered, Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c), 23 DCR 3744; Feb. 11, 1982, D.C. Law 4-67, § 2(a), 28 DCR 5043; Jan. 28, 1988, D.C. Law 7-62, § 14(a), 34 DCR 7426.)

Prior Codifications

1981 Ed., § 1-1509.

1973 Ed., § 1-1509.

Section References

This section is referenced in § 3-409, § 3-606, § 7-1231.12, § 7-2036, § 7-2308, § 8-111.06, § 8-113.09, § 8-231.15, § 8-1059, § 8-1308, § 25-354, § 26-704, § 26-706.01, § 26-906, § 26-1204, § 26-1205, § 28-3905, § 31-903, § 31-2102, § 31-2231.23, § 31-2411, § 31-3109, § 31-5238.02, § 31-5608.03, § 32-402, § 32-412, § 34-2305, § 41-125, § 42-3405.08, § 44-413, § 44-1204, § 46-225.01, § 46-226.03, § 47-2844, § 48-108.01, § 50-1301.04, and § 50-1403.01.

Cross References

Abandoned or unclaimed property, submission of claim for property, hearing following denial or failure to act on claim, see § 41-125.

Asbestos workers or businesses, reprimands and suspension or revocation of license or permit, grounds and procedure, see § 8-111.06.

Banks and banking, regional interstate banking, nonregional bank holding companies, hearing to determine compliance with orders as to commitments, see § 26-706.01.

Banks and banking, savings and loan acquisitions, hearing to determine compliance with orders as to commitments, see §§ 26-1204 and 26-1205.

Boxing and wrestling commission, permits and licenses, revocation and suspension, contested case provisions applicable to revocation and suspension proceedings, see § 3-606.

Child development facilities regulation, duty of mayor to develop administrative procedures for hearings, contested hearing procedure, see § 7-2036.

Compulsory/no-fault motor vehicle insurance, taxicab waiver, hearings to determine minimum liability insurance requirements during waiver period, see § 31-2411.

Consumer protection procedures, complaint procedure, application of Administrative Procedure Act, § 28-3905.

District of Columbia Court of Appeals, jurisdiction, administrative orders and decisions, see § 11-722.

Emergency executive orders, applicability of contested cases provision, see § 7-2308.

Employment services licensing and regulation, application for license, right to hearing when application rejected, see § 32-402.

Employment services, violations, cease and desist orders, hearing procedure, see § 32-412.

Environmental controls, underground storage tank management, proposed orders, finality of orders, requests for hearing, contested hearing procedure, see § 8-113.09.

Funeral directors, violations, contested hearing procedures applicable to hearing on written complaint, see § 3-409.

General license law, grounds for suspension or revocation of licenses, hearing procedure, see § 47-2844.

Hazardous waste management, hearing following adverse action, contested case procedure to apply, see § 8-1308.

Health services planning, administrative appeal, contested cases to be heard by Board of appeals and review, see § 44-413.

Insurance, insurance companies deemed to be in hazardous financial condition, corrective action, requests for hearing, hearing procedure, see § 31-2102.

Money lenders, complaints, investigations, right to contested hearing prior to suspension, revocation or denial of license, see § 26-906.

Motor vehicles and traffic, motor vehicle safety responsibility, hearing procedure applicable to administrative actions see § 50-1301.04.

Motor vehicles and traffic, operators’ permits, application of Administrative Procedure Act to administrative actions affecting permits, see § 50-1403.01.

Public utilities, water and sewer services, right to contest water or sewer bill, hearing procedure, see § 34-2305.

Regional interstate banking, bank holding company, failure to fulfill express written commitments, compliance order, hearing to determine compliance, see § 26-704.

Rental housing conversion and sale, implementation and enforcement, administrative proceedings, hearing procedure, see § 42-3405.08.

Solid waste management, solid waste facility permits, hearing after adverse action, contested case procedures to apply, see § 8-1059.

Substance abuse and mental illness insurance coverage, rates and rating plans, adjustment of rates following contested hearing, see § 31-3109.

Substance abuse treatment and prevention, certification of treatment facilities, notice and hearing before suspension or revocation of license, see § 44-1204.

Veterinarians, contested case provisions applicable to hearings on written complaints, see § 3-510.

Editor's Notes

The Law Effective Date Notice for D.C. Law 1-96, published on April 8, 1977, was incorrect and was corrected on June 3, 1977, and published at 23 DCR 9532b.

Uniform Law: This section is based upon §§ 9 and 10 of the Uniform Law Commissioners’ Model State Administrative Procedure Act (1961 Act).


§ 2–510. Judicial review.

(a) Any person suffering a legal wrong, or adversely affected or aggrieved, by an order or decision of the Mayor or an agency in a contested case, is entitled to a judicial review thereof in accordance with this subchapter upon filing in the District of Columbia Court of Appeals a written petition for review. If the jurisdiction of the Mayor or an agency is challenged at any time in any proceeding and the Mayor or the agency, as the case may be, takes jurisdiction, the person challenging jurisdiction shall be entitled to an immediate judicial review of that action, unless the Court shall otherwise hold. The reviewing Court may by rule prescribe the forms and contents of the petition and, subject to this subchapter, regulate generally all matters relating to proceedings on such appeals. A petition for review shall be filed in such Court within such time as such Court may by rule prescribe and a copy of such petition shall forthwith be served by mail by the clerk of the Court upon the Mayor or upon the agency, as the case may be. Within such time as may be fixed by rule of the Court, the Mayor or such agency shall certify and file in the Court the exclusive record for decision and any supplementary proceedings, and the clerk of the Court shall immediately notify the petitioner of the filing thereof. Upon the filing of a petition for review, the Court shall have jurisdiction of the proceeding, and shall have power to affirm, modify, or set aside the order or decision complained of, in whole or in part, and, if need be, to remand the case for further proceedings, as justice may require. Filing of a petition for review shall not in itself stay enforcement of the order or decision of the Mayor or the agency, as the case may be. The Mayor or the agency may grant, or the reviewing Court may order, a stay upon appropriate terms. The Court shall hear and determine all appeals upon the exclusive record for decision before the Mayor or the agency. The review of all administrative orders and decisions by the Court shall be limited to such issues of law or fact as are subject to review on appeal under applicable statutory law, other than this subchapter. In all other cases the review by the Court of administrative orders and decisions shall be in accordance with the rules of law which define the scope and limitations of review of administrative proceedings. Such rules shall include, but not be limited to, the power of the Court:

(1) So far as necessary to decision and where presented, to decide all relevant questions of law, to interpret constitutional and statutory provisions, and to determine the meaning or applicability of the terms of any action;

(2) To compel agency action unlawfully withheld or unreasonably delayed; and

(3) To hold unlawful and set aside any action or findings and conclusions found to be:

(A) Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

(B) Contrary to constitutional right, power, privilege, or immunity;

(C) In excess of statutory jurisdiction, authority, or limitations or short of statutory jurisdiction, authority, or limitations or short of statutory rights;

(D) Without observance of procedure required by law, including any applicable procedure provided by this subchapter; or

(E) Unsupported by substantial evidence in the record of the proceedings before the Court.

(b) In reviewing administrative orders and decisions, the Court shall review such portions of the exclusive record as may be designated by any party. The Court may invoke the rule of prejudicial error.


(Oct. 21, 1968, 82 Stat. 1209, Pub. L. 90-614, § 110, formerly § 11; July 29, 1970, 84 Stat. 582, Pub. L. 91-358, title I, § 162; Oct. 8, 1975, D.C. Law 1-19, title I, § 102(ll), 22 DCR 2055; renumbered, Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c), 23 DCR 3744.)

Prior Codifications

1981 Ed., § 1-1510.

1973 Ed., § 1-1510.

Section References

This section is referenced in § 2-1403.14, § 2-1831.16, § 3-410, § 3-606, § 3-1205.20, § 4-803, § 7-2045, § 8-113.10, § 8-1021, § 11-722, § 17-303, § 17-305, § 26-551.20, § 26-704, § 26-706.01, § 26-1204, § 26-1205, § 28-3905, § 31-714, § 31-903, § 31-2103, § 31-2231.23, § 31-2231.24, § 31-2403, § 31-3153, § 31-3931.20, § 31-5507, § 31-5608.03, § 32-414, § 32-509, § 32-756, § 32-1116, § 32-1117, § 32-1204, § 32-1331.06, § 34-2305, § 41-127, § 42-3405.08, § 42-3405.09, § 44-414, § 44-607, § 44-1003.13, § 46-225.01, § 46-226.03, § 46-226.06, § 47-2853.23, § 48-108.01, § 50-1907, and § 50-2304.05.

Cross References

Banks and banking, regional interstate banking, application for approval, judicial review, see § 26-704.

Banks and banking, regional interstate banking, nonregional bank holding companies, review of hearing to determine compliance with orders as to commitments, see § 26-706.01.

Banks and banking, savings and loan acquisitions, review of hearing to determine compliance with orders as to commitments, see § 26-1204.

Banks and banking, savings and loan acquisitions, review of hearing to determine compliance with orders as to commitments, see § 26-1205.

Boxing and wrestling commission, powers to issue permits and licenses, suspension or revocation, contested case provisions applicable, see § 3-606.

Child care services and facilities, child development facilities regulation, judicial review of adverse actions, see § 7-2045.

Court of Appeals, jurisdiction, administrative orders and decisions, see § 11-722.

Environmental controls, underground storage tank management, licensee or certificate holder, appeal of adverse action, see § 8-113.10.

Funeral directors, denial, suspension, or revocation of license, appeal procedures, see § 3-410.

General license law, license, certification, or registration requirement, judicial review of final decisions regarding, see § 47-2853.23.

Healthcare entity conversion, approval or disapproval by attorney general, judicial review of decision of corporation counsel, see § 44-607.

Health occupations, licensing of health professionals, judicial and administrative review of actions of board or mayor, see § 3-1205.20.

Health services planning, judicial review of certificate of need decisions, see § 44-414.

Human rights, procedures, judicial review of orders and decisions upon filing of written petition for review, see § 2-1403.14.

Insurance, compulsory/no-fault motor vehicle insurance, orders and decisions of board of review, judicial review, see § 31-2403.

Insurance, holding companies, judicial review of any determination, rule, regulation, or order of mayor respecting holding companies, see § 31-714.

Insurance, property and liability insurance guaranty association, powers and duties of mayor, judicial review of final actions or orders of mayor, see § 31-5507.

Insurance, standards to identify insurance companies deemed to be in hazardous financial condition, judicial review, see § 31-2103.

Labor, employment services, licensing and regulation, judicial review of adverse actions taken against licensee, see § 32-414.

Labor, family and medical leave, investigation of complaints, judicial review of adverse actions, see § 32-509.

Labor, occupational safety and health, judicial review of adverse actions, see § 32-1116.

Labor, parental leave, procedure and remedies for violations, judicial review of violation determinations, see § 32-1204.

labor, retaliatory discharge, discrimination, right to judicial review of adverse actions taken as to, see § 32-1117.

Medicaid provider fraud prevention, fraudulent claims, additional civil penalties, judicial review of adverse action, see § 4-803.

Motor vehicles and traffic, operators, implied consent to blood alcohol content tests, judicial review of order revoking or denying license, see § 50-1907.

Motor vehicles and traffic, traffic adjudication, administrative review, superior court appeal and review, see § 50-2304.05.

Nursing homes and community residence facilities, involuntary discharge, transfer, and relocation of residents, judicial review of involuntary discharge, transfer or relocation, see § 44-1003.13.

Personal property, disposition of unclaimed property, judicial review of adverse action on claim, see § 41-127.

Real property, rental housing conversion and sale, judicial review of certain proceedings, see § 42-3405.08.

Real property, rental housing conversion and sale, judicial review of mayoral actions, see § 42-3405.09.

Solid waste management, paper and paper products, minimum recycled content, exemption application procedure, review of decision on application, see § 8-1021.

Veterinarians, denial, suspension, or revocation of license, review of adverse decision, see § 3-511.

Editor's Notes

The Law Effective Date Notice for D.C. Law 1-96, published on April 8, 1977, was incorrect and was corrected on June 3, 1977, and published at 23 DCR 9532b.

Uniform Law: This section is based upon § 15 of the Uniform Law Commissioners’ Model State Administrative Procedure Act (1961 Act).


§ 2–511. Interpreters for the deaf. [Repealed]

Repealed.


(Oct. 21, 1968, 82 Stat. 1209, Pub. L. 90-614, § 111, formerly § 12; renumbered, Mar. 29, 1977, D.C. Law 1-96, § 3(a), (c), 23 DCR 3744; Feb. 11, 1982, D.C. Law 4-67, § 2(b), 28 DCR 5043; Jan. 28, 1988, D.C. Law 7-62, § 14(b), 34 DCR 7426.)

Prior Codifications

1981 Ed., § 1-1511.

Cross References

Educational institutions, licensing, internal accreditation evaluation reports, public availability, see § 38-1310.

Insurance fraud, prevention and detection plans, public availability, see § 22-3225.09.

Police and fire departments, office of police complaints, conciliation and mediation, see § 5-1110.

Police officers, fire fighters, and teachers retirement benefit replacement plan, disclosure to the public, see § 1-909.05.

Procurement, administrative and civil remedies, civil investigative demands, see § 2-381.07.

Reinsurance intermediaries, rejections of license applications, public availability, see § 31-1802.

Editor's Notes

The Law Effective Date Notice for D.C. Law 1-96, published on April 8, 1977, was incorrect and was corrected on June 3, 1977, and published at 23 DCR 9532b.