Code of the District of Columbia

Subchapter I-B. Non-Health Related Occupations and Professions Licensure.


§ 47–2853.01. Definitions.

For the purposes of this subchapter:

(1) “Board” means a panel of persons appointed in accordance with this subchapter to define and regulate the scope of practice and qualifications needed to practice particular occupations or professions in the District of Columbia.

(2) “Certificate” means a document issued by the Mayor to a person licensed in accordance with this subchapter certifying that the person has met the eligibility requirements for practicing a specialty established as a subcategory within the scope of the license and is authorized to perform the services of such specialty and to hold himself or herself out to perform such services, except as defined in § 47-2853.47.

(3) “Certify,” “certified” and “certification” means the designation on a certificate issued by the Mayor authorizing a person to practice a specialty within a license category.

(4) “Attorney General for the District of Columbia” means the Attorney General for the District of Columbia of the District of Columbia or designee.

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

(6) “License” means a document issued by the Mayor to a person who has met the eligibility standards and other requirements for practicing an occupation or profession regulated by this subchapter and who is therefore authorized to perform the services permitted by law and regulation to be performed by a person holding such a license, and to hold himself or herself out as authorized to perform such services.

(7) “Licensed” means that a person so designated has been granted a license by the Mayor to practice an occupation or profession in the District.

(8) “Registration” or “registered” means the inclusion of a person on a list of persons authorized to offer certain occupational or professional services in the District. “Registration” does not imply that the person has met any formal educational or training requirements or that the person has been examined and found to be competent to provide the services for which he or she has registered.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(8), 52 DCR 2638.)

Prior Codifications

1981 Ed., § 47-2853.1.

Section References

This section is referenced in § 42-1702.

Effect of Amendments

D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(b) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).

Temporary Legislation

Section 2(b) of D.C. Law 16-101 added par. (9) which read as follows: “(9) ‘Natural person’ means a human being.”

Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Non-Health Related Occupations and Professions Licensure Act of 1998: Section 1001 of D.C. Law 12-261 provided that title I of the act may be cited as the “Non-Health Related Occupations and Professions Licensure Act of 1998.”


§ 47–2853.02. License, certification, and registration criteria.

(a) No person shall practice, attempt to practice, or offer to practice an occupation or profession for which a license, certification, or registration is required under this subchapter without a current valid license, certificate, or registration in accordance with the requirements of this subchapter.

(b) A license, certification, or registration is not required for the practice of any occupation, trade or profession not covered by this subchapter or Chapter 12 of Title 3.

(c) Nothing in this section shall relieve any person from the obligation to obtain a business license or endorsement or any other license or permit required by District law or regulation.

(d)(1) Licensure shall be required whenever the Mayor has determined that, in order to protect the public, a person who seeks to practice a particular occupation or profession must meet specified educational and training requirements, must demonstrate competency in that occupation or profession through examination or other proof of fitness, or must have a specified amount of experience in order to practice that occupation or profession.

(2) Any person who seeks to practice in an occupation or profession described in paragraph (1) of this subsection shall be required to obtain a license in order to practice the occupation or profession.

(e)(1) Certification shall be required whenever the Mayor has determined that, in order to protect the public, a person who is licensed to practice a particular occupation or profession must meet specified additional educational, training or experience requirements, or must successfully pass additional examination, to qualify for advanced practice or specialization in the licensed occupation or profession.

(2) Any person required to be licensed to practice an occupation or profession under this subchapter shall be required to obtain a certificate attesting to his or her qualifications to practice the occupation or profession at the higher level or in the specialty.

(f) Registration shall be required whenever the Mayor has determined that a person who seeks to practice a particular occupation or profession need not meet specified educational or training requirements nor demonstrate competence, but to protect the public should be identified as a practitioner of that occupation or profession.

(g) Each board established pursuant to § 47-2853.06 shall advise the Mayor as to whether the occupations or professions under its jurisdiction are appropriately regulated by licensure, certification, or registration in accordance with the criteria established in this section.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.2.

Section References

This section is referenced in § 47-2853.04.


§ 47–2853.03. Scope of subchapter.

(a) This subchapter does not limit the right of a person to practice an occupation or profession that he or she is licensed, certified, or registered to practice, except as provided in this subchapter or by any other law or regulation. A person may practice any other occupation or profession for which authorization is not required by law.

(b) Nothing in this subchapter shall be construed to prohibit the practice of an occupation or profession by a person enrolled in a recognized training program, school, or college as a candidate for a degree or certificate in that occupation or profession, or enrolled in a recognized postgraduate training program, provided that the practice is performed:

(1) As part of a course of instruction;

(2) Under the supervision of a person who is either licensed, certified, or registered to practice that occupation or profession in the District or is qualified, according to law, as a teacher of that occupation or profession;

(3) At a facility operated by the District or federal government, or at a facility deemed appropriate for that purpose by the school, college or training program; and

(4) In accordance with procedures established by the board charged with the regulation of that occupation or profession.

(c) Nothing in this subchapter shall be construed to prohibit the practice of an occupation or profession by a person who has filed an initial application for licensure or certification and is awaiting action on that initial application, provided that the practice is performed:

(1) Under the supervision of an appropriate person licensed or certified in accordance with this subchapter;

(2) At a facility operated by the District or federal government, or other facility appropriate for the services being provided; and

(3) In accordance with any other requirements established by law or regulation.

(d) Except as expressly provided to the contrary in this subchapter, any person licensed, certified, or registered by any District agency established by any statute amended, repealed, or superseded by this subchapter is considered for all purposes to be licensed, registered, or certified by the appropriate board established under this subchapter for the duration of the term for which the license, certification, or registration was issued, and may renew that authorization in accordance with the appropriate renewal provisions of this subchapter.

(e) Except as provided to the contrary in this subchapter, any person who was originally licensed, certified, or registered under a provision of law that has been repealed by this subchapter is deemed to meet the education and experience requirements for licensure, certification, or registration as if that provision had not been repealed.

(f) The provisions of this subchapter prohibiting the practice of an occupation or profession without a license, certificate, or registration shall not apply to:

(1) A person employed in the District by the federal government, while he or she is acting in the official discharge of the duties of employment; or

(2) A person licensed or certified to practice an occupation or profession in a state who is called from that state for consultation in the District, or to give a demonstration or teach a course in the District, provided that the person engages in the consultation or demonstration in affiliation with a comparable licensed person pursuant to this subchapter or teaches at a licensed educational institution approved to offer instruction in the person’s field of expertise.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.3.


§ 47–2853.04. Regulated non-health related occupations and professions.

(a) The following non-health related occupations and professions have been determined to require regulation in order to protect public health, safety or welfare, or to assure the public that persons engaged in such occupations or professions have the specialized skills or training required to perform the services offered:

(1) Architect;

(2) Asbestos Worker;

(3) Attorney;

(4) Barber;

(4A) Body Artist;

(5) Boxer/Wrestler;

(6) Certified Public Accountant;

(7) Clinical Laboratory Director;

(8) Clinical Laboratory Technician;

(9) Cosmetologist;

(10) Commercial Driver;

(11) Commercial Bicycle Operator;

(12) Electrician;

(12A) Elevator Mechanic;

(12B) Elevator Contractor;

(12C) Elevator Inspector.

(13) Funeral Director;

(14) Insurance Agent;

(15) Insurance Broker;

(16) Interior Designer;

(17) Investment Advisor;

(18) Land Surveyor;

(18A) Landscape Architect;

(19) Notary Public;

(20) Operating Engineer;

(21) Plumber/Gasfitter;

(22) Principal (public school);

(23) Private Correctional Officer;

(24) Professional Engineer;

(25) Property Manager;

(26) Real Estate Appraiser;

(27) Real Estate Broker;

(28) Real Estate Salesperson;

(29) Refrigeration and Air Conditioning Mechanic;

(30) Securities Agent;

(31) Securities Broker-Dealer;

(32) Security Alarm Agent;

(33) Special Police Officer;

(34) Steam Engineer;

(35) Taxicab/Limousine Operator;

(36) Teacher and Other Instructional Personnel (public schools only); and

(37) Veterinarian.

(b) No other non-health related occupation or profession shall be regulated other than as set forth in subsection (a) of this section, except where there has been a determination by the Mayor that regulation is needed to protect the public interest and is consistent with the criteria for regulation specified in § 47-2853.02.

(c) All non-health related occupations and professions shall be regulated by the Mayor through the Department of Consumer and Regulatory Affairs, except as follows:

(1) Attorneys shall be regulated by the District of Columbia Court of Appeals, as provided in § 11-2501.

(2) Notaries public shall be regulated by the Mayor, as provided in § 1-1201.

(3) Principals, teachers, and other instructional employees of the District of Columbia public schools shall be regulated by the Superintendent of Schools of the District of Columbia as delegated by the Board of Education, pursuant to § 38-105 [repealed], and teachers and instructional employees of the University of the District of Columbia (“University”) by the Board of Trustees of the University pursuant to §§ 38-1202.01 and 38-1202.06 and § 38-1202.11.

(4) Insurance agents and brokers, securities agents and brokers, and investment advisers shall be regulated by the Department of Insurance and Securities Regulation, as provided in subchapter I of Chapter 1 of Title 31, Chapter 36 of Title 3, and Chapter 37 [repealed] of Title 3.

(5) Hackers, taxicab and limousine operators shall be regulated by the Department of For-Hire Vehicles, as provided in § 47-2829.

(6) Commercial drivers and commercial bicycle operators shall be regulated by the Department of Public Works, as provided in Chapter 16 of Title 50 and Chapter 4 of Title 50.

(7) Special police, security alarm agents and private correctional officers shall be regulated by the Metropolitan Police Department as provided in § 5-129.02; § 7-2805; and subchapter VII of Chapter 2 of Title 24.

(8) Boxers, wrestlers, referees and other officials involved in boxing and wrestling contests shall be regulated by § 3-606(b).

(9) Clinical laboratory directors and clinical laboratory technicians shall be regulated by the Mayor in accordance with Chapter 2 of Title 44.

(10) Veterinarians shall be regulated by the Mayor in accordance with subchapter I of Chapter 5 of Title 3.

(11) Funeral directors shall be regulated by the Mayor in accordance with Chapter 4 of Title 3.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Mar. 3, 2010, D.C. Law 18-111, § 2151(b), 57 DCR 181; Sept. 26, 2012, D.C. Law 19-171, § 121, 59 DCR 6190; Oct. 23, 2012, D.C. Law 19-193, § 3(c), 59 DCR 10388; June 22, 2016, D.C. Law 21-124, § 501(e), 63 DCR 7076; Apr. 7, 2017, D.C. Law 21-249, § 2(b), 64 DCR 1629.)

Prior Codifications

1981 Ed., § 47-2853.4.

Effect of Amendments

D.C. Law 18-111, in subsec. (a), deleted “and” from the end of par. (36); substituted “; and” for a period at the end of par. (37), and added pars. (38) to (40).

The 2012 amendment by D.C. Law 19-171 redesignated (a)(38), (a)(39), and (a)(40) as (a)(12A), (12B), and (12C), respectively.

The 2012 amendment by D.C. Law 19-193 added (a)(4A).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2151(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 § 2151(b) 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 2150 of D.C. Law 18-111 provided that subtitle P of title II of the act may be cited as the “Elevator Maintenance Standards and Licensing Act of 2009”.


§ 47–2853.05. Exemptions; federal services.

Any person who is providing occupational or professional services for the federal government at a federal government facility in the District shall not be regulated under this subchapter. Any person who has a license or certificate issued by the federal government permitting that person to provide particular occupational or professional services may provide such services in the District of Columbia without obtaining a District license or certificate as long as the services provided by that person are within the scope of the federal license or certificate.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.5.


§ 47–2853.06. Establishment of boards.

(a)(1) There is established a Board of Architecture, Interior Design, and Landscape Architecture ("Board") to consist of 9 members, of whom:

(A) Four shall be architects licensed in the District;

(B) Two shall be interior designers licensed in the District;

(C) Two shall be professional landscape architects licensed in the District; and

(D) One shall be a consumer member.

(2) The Board shall regulate the practice of architecture, interior design, and landscape architecture.

(b)(1) There is hereby established a Board of Accountancy to consist of 5 members. Of the members of the Board, one shall be a consumer member and 4 shall be licensed as certified public accountants who, at the time of their appointments, have been engaged in the practice of public accountancy as certified public accountants in the District for a period of not less than 5 years. The Board shall regulate the practice of public accountants and certified public accountants.

(2) The standards of attestation specified in § 47-2853.41(1) shall be adopted by reference by the Board pursuant to rulemaking and shall be those developed for general application by recognized national accountancy organizations, such as the American Institute of Certified Public Accountants and the Public Company Accounting Oversight Board.

(c) There is established a Board of Barber and Cosmetology consisting of 14 members of whom 3 shall be barbers, 3 shall be cosmetologists, 3 shall be specialty cosmetologists, 3 shall be body artists, and 2 shall be consumer members. The Board shall regulate the practice of barbers, body artists, and cosmetologists, including specialty cosmetology practices such as braiding, electrolysis, esthetics, manicuring and others as the Mayor may from time to time establish by rule, instructors and managers of these practices, and owners of such facilities.

(d) There is established a Board of Industrial Trades consisting of 15 members, of whom 3 shall be plumbers licensed in the District, 2 shall be electricians licensed in the District, 2 shall be refrigeration and air conditioning mechanics licensed in the District, 2 shall be steam and other operating engineers licensed in the District, 2 shall be asbestos workers, one shall be an elevator mechanic licensed in the District, one shall be an elevator inspector licensed in the District, one shall be an elevator contractor licensed in the District, and one shall be a consumer member. The Board of Industrial Trades shall regulate the practice of plumbers, gasfitters, electricians, refrigeration and air conditioning mechanics, steam and other operating engineers, asbestos workers, elevator mechanics, elevator inspectors, except for those employed by the District of Columbia or by the Washington Metropolitan Area Transit Authority, and elevator contractors. The Board may establish bonding and insurance requirements, subcategories of licensure, education, and experience requirements for licensure, and other requirements.

(e) There is established a Board of Professional Engineering consisting of 7 members of whom 4 shall be professional engineers licensed in the District in various disciplines, 2 shall be land surveyors licensed in the District, and one shall be a consumer member. The Board shall regulate the practice of professional engineers and land surveyors.

(f) There is established a Board of Funeral Directors consisting of 5 members of whom 4 shall be funeral directors licensed in the District and one shall be a consumer member. The Board shall regulate the practice of funeral directors.

(g) There is established a Board of Real Estate Appraisers consisting of 5 members, of whom 3 shall be real estate appraisers licensed and in good standing in the District with not less than 3 years experience in real estate appraising immediately preceding his or her appointment to the Board, one of whom shall be a real estate broker licensed and in good standing in the District, and one shall be a consumer member. The Board shall regulate the practice of real estate appraisal, including the functions of a state appraiser certifying and licensing agency under Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, approved August 9, 1989 (103 Stat. 511; 12 U.S.C. §§ 3331 through 3351).

(h) There is established a Board of Real Estate consisting of 9 members of whom 3 shall be real estate brokers licensed in the District, 2 shall be real estate salespersons licensed in the District, 2 shall be property managers licensed in the District, one shall be an attorney admitted to the bar of the District of Columbia and engaged in the practice of real estate law, and one shall be a consumer member. All members of the Board shall be residents of the District during their tenure. The Board shall regulate the practices of real estate brokers, real estate salespersons, and property managers.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(b), 53 DCR 4718; Mar. 3, 2010, D.C. Law 18-111, § 2151(c), 57 DCR 181; Dec. 2, 2011, D.C. Law 19-43, § 2(b), 58 DCR 8928; Oct. 23, 2012, D.C. Law 19-193, § 3(d), 59 DCR 10388; Apr. 23, 2013, D.C. Law 19-271, § 2(a), 60 DCR 1727; Apr. 7, 2017, D.C. Law 21-249, § 2(c), 64 DCR 1629.)

Prior Codifications

1981 Ed., § 47-2853.6.

Section References

This section is referenced in § 1-523.01, § 47-2853.02, § 47-2853.41, and § 47-2853.221.

Effect of Amendments

D.C. Law 16-130 rewrote subsecs. (b) and (g).

D.C. Law 18-111 rewrote subsec. (d), which had read as follows: “(d) There is established a Board of Industrial Trades consisting of 15 members of whom 3 shall be plumbers licensed in the District, 3 shall be electricians licensed in the District, 3 shall be refrigeration and air conditioning mechanics licensed in the District, 3 shall be steam and other operating engineers licensed in the District, 2 shall be asbestos workers, and one shall be a consumer member. The Board shall regulate the practice of plumbers, gasfitters, electricians, refrigeration and air conditioning mechanics, steam and other operating engineers, and asbestos workers.”

D.C. Law 19-43, in subsec. (b), designated the existing text as par. (1), and added par. (2).

The 2012 amendment by D.C. Law 19-193 in (c), substituted “14 members” for “11 members” in the first sentence and substituted “practice of barbers, body artists, and cosmetologists” for “practice of barbers and cosmetologists.”

The 2013 amendment by D.C. Law 19-271 added “3 shall be body artists” in the first sentence of (c).

Cross References

Mayoral nomination of agency heads, review and approval of Council, boards established under this section, see § 1-523.01.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(c) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).

For temporary (90 day) amendment of section, see § 2151(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) amendment of section, see § 2151(c) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Temporary Legislation

Section 2(c) of D.C. Law 16-101 amended subsecs. (b) and (g) to read as follows:

“(b) There is established a Board of Accountancy to consist of 5 members. Of the members of the Board, one shall be a consumer member and 4 shall be licensed as certified public accountants who, at the time of their appointments, have been engaged in the practice of public accountancy as certified public accountants in the District for a period of not less than 5 years. The Board shall regulate the practice of public accountants and certified public accountants.”

“(g) There is established a Board of Real Estate Appraisers consisting of 5 members, of whom 3 shall be real estate appraisers licensed and in good standing in the District with not less than 3 years experience in real estate appraising immediately preceding his or her appointment to the Board, one shall be a real estate broker licensed and in good standing in the District, and one shall be a consumer member. In addition to assuming the powers enumerated in § 47-2853.08, the Board shall regulate the practice of real estate appraisal, including the functions of a state appraiser certifying and licensing agency under Title XI of the Financial Institutions Recovery, Reform, and Enforcement Act of 1989, approved August 9, 1989 (103 Stat. 183; 12 U.S.C. §§ 3331 through 3351).”

Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 134 of D.C. Law 13-91, as amended by section 18(b) of D.C. Law 13-313, transferred the authority established by the District of Columbia Funeral Services Regulatory Act of 1984 (D.C. Law 5-84) to the Board of Funeral Directors established by this section.”

Although a new Board of Funeral Directors has been established by the Second Omnibus Regulatory Reform Act of 1998, effective April 20, 1999 (D.C. Law 12-261), codified under D.C. Official Code § 47-2853.06(f), the old board, codified under D.C. Official Code § 3-401 et seq. has not been abolished by law.

Section 3 of D.C. Law 19-43 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-43, § 3, was repealed by D.C. Law 19-168, § 7010.

Delegation of Authority

Re-Designation of the Board of Real Estate as the Real Estate Commission, see Mayor’s Order 2009-11, February 2, 2009 ( 56 DCR 2030).


§ 47–2853.07. Appointment and tenure of board members.

(a) The Mayor, with the consent of the Council, shall appoint the members of each board to serve a 3-year term of office. The members first appointed shall serve staggered terms made for one, 2, or 3 years so that approximately one-third of the membership of each board shall expire each year. Members of the boards shall serve until their successor is appointed. Members may be appointed to succeed themselves, provided, however, that no member shall be appointed to serve more than 3 full consecutive 3-year terms. The terms of members of a board, after the initial terms, shall expire on the third anniversary of the date the first members constituting a quorum take the oath of office. A vacancy on a board shall be filled in the same manner as the original appointment was made. A member appointed to fill a vacancy shall serve until the expiration of the term or until a successor is appointed and sworn into office, whichever is later.

(b) The nomination transmitted under subsection (a) of this section shall be considered in accordance with § 1-523.01.

(c) The Mayor may remove a member of a board for incompetence, misconduct, or neglect of duty. The failure of a member of a board to attend at least half of the regular scheduled meetings of the board within a 12-month period shall constitute neglect of duty within the meaning of this section.

(d) Board members shall meet the following requirements for appointment or tenure:

(1) The members of each board shall be residents of the District at the time of appointment and during their tenure on the board. Members of the Board of Real Estate also shall have been residents of the District for at least one year prior to their appointment.

(2) Each professional member of a board, in addition to the requirements of paragraph (1) of this subsection, shall have been engaged in the practice of the occupation or profession regulated by the board for at least 3 years preceding appointment. Notwithstanding the above, professional members of the Board of Real Estate shall each have been actively engaged in their field for not less than 5 years immediately prior to their appointment to the Board and shall remain active in their field during their tenure on the Board.

(3)(A) Each consumer member of a board, in addition to the requirements of paragraph (1) of this subsection, shall:

(i) Be at least 18 years of age;

(ii) Not be a practitioner of a profession or occupation supervised by that board, or in training to become one;

(iii) Not have a household member who is a practitioner of a profession or occupation supervised by that board, or in training to become one; and

(iv) Not own, operate, or be employed in or have a household member who owns, operates, or is employed in a business which has as its primary purpose the sale of goods or services to practitioners of a profession or occupation supervised by that board.

(B) Within the meaning of subparagraph (A) of this paragraph, the term “household member” means a relative, by blood or marriage, or a ward of a person, or someone who shares the person’s actual residence.

(e) The position of a member of a board shall be forfeited upon his or her failure to maintain the qualifications required by this subchapter.

(f) Each professional member of a board shall disqualify himself or herself from acting on his or her own application for licensure or license renewal or on any other matter related to his or her practice of an occupation or profession.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.7.

Section References

This section is referenced in § 47-2853.08.


§ 47–2853.08. Powers of the boards.

The boards established under this subchapter shall have the power, consistent with this subchapter, to:

(1) Determine the scope of practice, the requirements which an applicant must meet for initial licensure, certification or registration and for renewal of the same, including any continuing education requirements, and shall determine the appropriate level of regulation for every occupation or professional under the authority of the board;

(A) Where such standards already exist in any law or regulation of the District, those standards shall remain in effect until altered or amended; and

(B) Each board shall be responsible for continually monitoring the standards for the professions and occupations under its authority and for recommending to the Mayor changes in existing standards when such changes are necessary or desirable;

(2) Determine whether the standards for licensure by another jurisdiction, or certification by a national certifying organization, are substantially equivalent to the requirements of this subchapter and authorize the issuance of a license by reciprocity or endorsement to an applicant:

(A) Who is licensed or certified and in good standing under the laws of another state with requirements which, in the opinion of the board, were substantially equivalent at the time of licensure to the requirements of this subchapter, and which state admits professional licensed by the District in a like manner; and

(B) Who pays the applicable fees established by the Mayor;

(3) Review, upon referral from the Mayor, the qualifications of a candidate for licensing, certification or registration, or for renewal, whose eligibility is unclear and shall determine whether that candidate meets the applicable criteria for that occupation or profession. The determination of the board shall be binding on the Mayor, who shall issue or deny the license, certificate, or registration accordingly;

(4) Advise the Mayor, on the content of rules governing the conduct of persons licensed, certified, or registered;

(5) Hear and decide protests from any person denied a license or certificate, or the renewal of the same, by an official authorized by the Mayor to issue such licenses or renewals on the ground that the person does not meet the eligibility standards set by the board. The determination of the board shall be binding on the Mayor, who shall issue or deny the license, certificate, or registration accordingly;

(6) Receive complaints of malpractice or other complaints against any persons licensed, certified, or registered under the jurisdiction of the board and shall have the authority, after a hearing in accordance with the procedures set forth in § 47-2853.22, to discipline any such person by the imposition of the penalties provided in this subchapter;

(7) Submit names of persons qualified to serve on that board as professional or consumer members to the Mayor in accordance with the procedures set forth in § 47-2853.07(b) and (c). Persons whose names are submitted for professional seats on the board shall be determined by the board to be competent and experienced members of the profession with good reputations in their fields. Persons whose names are submitted for citizen seats shall be determined by the board to have no conflicts and to be willing and able to serve;

(8) Convene in committees smaller than the full board for the purpose of carrying out specific functions of the board, such as investigating complaints or determining appropriate discipline in accordance with the procedures set forth in §§ 47-2853.17 through 47-2853.19 [§ 47-2853.19 repealed, see now § 47-2844.01], provided that such smaller committees consist of not fewer than 3 board members, and the actions of such smaller committees are ratified by the full board;

(9) Notify the Mayor of actions taken regarding a licensee, certificate holder, or applicant; and

(10) Monitor the issuance of licenses and certifications by persons authorized to do so by the Mayor to make sure that the qualification standards established by the board are being adhered to, and shall recommend to the Mayor the disciplining or removal of any official issuing licenses not in accordance with those standards.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.8.


§ 47–2853.09. General provisions.

(a) All boards shall adopt uniform procedures which at a minimum require:

(1) Each board to elect a chairperson from among its members;

(2) Each board to meet not less than 4 times a year at times and places it determines and shall publish notice of all regular meetings at least one week in advance in the District of Columbia Register;

(3) A quorum to be a majority of the number of positions on the board; and

(4) A majority vote of those present and voting to be necessary and sufficient for any action taken by a board.

(b) Members of each board shall be entitled to receive compensation in accordance with § 1-611.08, and in addition shall be reimbursed for reasonable travel and other expenses incurred in the performance of their duties, subject to appropriations.

(c) No member of any board authorized by this subchapter shall be subject to any civil or criminal liability for actions taken or decisions rendered in carrying out this subchapter, nor for any statements made or recorded in the course of carrying out his or her responsibilities under this subchapter.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.9.


§ 47–2853.10. Staffing and administration.

(a) The boards established by this subchapter shall be under the administrative control of the Mayor. The Mayor shall be responsible for:

(1) Promptly issuing and renewing licenses or certificates or registering those persons who meet the standards established by the boards for each regulated profession or occupation of this subchapter, except that where there is a question as to whether an applicant is qualified, that question shall be referred to the appropriate board for resolution. Upon resolution of the question, the Mayor shall promptly take such action as the board determines is appropriate;

(2) Planning, developing, and maintaining procedures to ensure that the boards receive administrative support, including staff and facilities, sufficient to enable them to perform their responsibilities;

(3) Providing investigative and inspection services to the boards;

(4) Arranging for hearings on cases pursuant to guidelines established in § 47-2853.22 when requested to do so by a board, and providing facilities and support personnel to enable the board to hold such hearings, record the proceedings, and issue the resulting opinion;

(5) Furnishing expert services in noncompliance cases brought in an administrative or court proceeding;

(6) Providing budgetary and personnel services;

(7) Maintaining central files of records pertaining to licensure, certification, registration, inspections, investigations, and other matters requested by the boards;

(8) Providing information to the public concerning regulatory requirements and procedures;

(9) Publishing and distributing forms and instructions describing regulatory requirements and procedures and other materials as requested by the boards;

(10) Assisting, supplying, furnishing, and performing other administrative, clerical, and technical support the Mayor determines is necessary or appropriate;

(11) Making necessary rules relating to the administrative procedures for the regulation of professions and occupations;

(12) Issuing all rules necessary to implement the provisions of this subchapter;

(13) Notifying persons or other jurisdictions of the status of a licensee or certificate holder as deemed appropriate by rule or District or federal law; and

(14) Notifying other jurisdictions of disciplinary action taken against a licensee or certificate holder as required by District or federal law.

(b) In carrying out the administrative responsibilities described in subsection (a) of this section, the Mayor may out-source, by contract in accordance with the procurement laws of the District, any function that can be more efficiently and effectively performed in that manner.

(c) The D.C. Office of Personnel shall set the compensation of support personnel of the boards in accordance with Chapter 6 of Title 1. The Chief Procurement Officer or his or her designee may enter into contracts for support services for the boards in accordance with Chapter 3 of Title 2.

(d) The Mayor shall establish fee schedules for all services related to the regulation of occupations and professions. At the time of application for initial licensing, certification or registration, and at the time of application for renewal or for reinstatement of inactive or lapsed licenses, certificates or registration, each applicant shall be notified of, and shall pay, all fees and costs required for licensure, certification, or registration for the occupation or profession. The fee for the regulation of each profession or occupation shall be reasonably related to the cost of administering the licensing, certification or registration, including the cost of testing, processing and issuing the license, certificate or registration, and a proportionate share of the cost of running the board and any hearing procedures and other administrative functions. Fees, whenever possible, shall be comparable to the fees charged in neighboring jurisdictions for a similar license or certification. Application fees paid under this section shall not be refundable, even if the applicant withdraws his or her application for licensure, certification or registration, or is found to be not qualified.

(e) Each board, before March 1 of each year, shall submit a report to the Mayor and the Council of its official acts during the preceding fiscal year.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.10.

Section References

This section is referenced in § 47-2853.99.

Delegation of Authority

Delegation of authority pursuant to D.C. Law 12-261, the “Second Omnibus Regulatory Reform Amendment Act of 1999”, see Mayor’s Order 2000-70, May 2, 2000 ( 47 DCR 4752).


§ 47–2853.11. Occupations and Professions Licensure Special Account.

(a) In accordance with § 47-131(c)(4), there is hereby established within the General Fund of the District of Columbia a special account, called the Occupations and Professions Licensing Special Account to which shall be credited, without regard to fiscal year limitation pursuant to an act of Congress, the fees that are identified in §§ 47-2839 and 47-2839.01, and this subchapter.

(b) No revenues deposited into the continuing, nonlapsing special account may be obligated or spent in any year without a Congressional appropriation. Revenues in this continuing, nonlapsing special account that are carried over into a succeeding fiscal year may not be obligated or spent in the succeeding year without a new Congressional appropriation that permits such obligation or expenditure.

(c) Subject to the applicable laws relating to the appropriation of District funds, monies received and deposited in the Occupation and Professions Licensure Special Account shall be used to defray the expenses to discharge the administrative and regulatory duties as prescribed by §§ 47-2839 and 47-2839.01, and this subchapter. The special account shall not be used by any other District government agency and shall be used solely to carry out the functions of §§ 47-2839 and 47-2839.01, and this subchapter.

(d) The special account shall be continuing. Revenues deposited into the special account shall not revert to the General Fund at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in §§ 47-2839 and 47-2839.01, and this subchapter subject to authorization by Congress in an appropriations act.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Dec. 24, 2013, D.C. Law 20-61, § 3012(c), 60 DCR 12472.)

Prior Codifications

1981 Ed., § 47-2853.11.

Section References

This section is referenced in § 47-2839, § 47-2839.01, and § 47-2853.99.

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 substituted “§§ 47-2839 and 47-2839.01, and this subchapter” for “this subchapter” in (a), twice in (c), and in (d).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3012(c) 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) amendment of this section, see § 3012(c) 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 3011 of D.C. Law 20-61 provided that Subtitle B of Title III of the act may be cited the “Security Licensing Streamlining 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.


§ 47–2853.12. License, certification, and registration criteria; waiver.

(a) A person applying for licensure, certification, or registration under this subchapter shall establish to the satisfaction of the Mayor that the person:

(1) Has not been convicted of an offense which bears directly on the fitness of the person to be licensed; provided, that this restriction shall not apply to the following occupations, unless the Mayor has issued rules before [May 24, 2005], specifying the criteria for the determination of fitness for licensure based on a specific offense committed by an applicant:

(A) Asbestos worker;

(B) Barber;

(B-i) Body artist;

(C) Cosmetologist;

(D) Commercial bicycle operator;

(E) Electrician;

(F) Funeral director;

(G) Operating engineer;

(H) Plumber/gasfitter;

(I) Refrigeration and air conditioning mechanic; and

(J) Steam engineer.

(2) Is at least 18 years of age, or at least 17 years of age if applying for license as a barber under § 47-2853.72 or as a cosmetologist, a cosmetologist-manager, a cosmetologist-owner, or any subcategory of specialty cosmetologist under § 47-2853.82;

(3) Has successfully completed the requirements set forth in law or regulation, as applicable;

(4) If required, has passed an examination or otherwise met the requirements established by the relevant board to demonstrate his or her fitness to practice the profession or occupation; and

(5) Meets any other requirements established by the relevant board by regulation to assure that the applicant has had the proper training, experience, and qualifications to practice the profession or occupation or any subcategory or specialization of the profession or occupation.

(b) A board shall waive the requirements for passage of an examination or other proof of fitness to practice for any person who:

(1) Presents proof that he or she is licensed or certified in the same or substantially similar profession or occupation, and is currently in good standing, in any state which, on the date such license or certification was issued had standards at least as high as those required for licensure or certification in the District and admits professionals licensed by the District in a like manner; or

(2) Has passed an examination acceptable to the board (or has met other requirements for certification) and has been certified by a recognized national certifying organization acceptable to the board whose standards on the date of such certification were at least as high as the standards required for the same profession or occupation in the District, and has not been disciplined or otherwise disqualified by the national certifying organization.

(c)(1) Notwithstanding subsection (b) of this section and except as provided in paragraph (2) of this subsection, where a board determines that the occupation or profession requires a substantial knowledge of District law or procedures, the board may require that an applicant, who is otherwise qualified by virtue of licensure in another state or certification by a national certifying organization, take an examination demonstrating knowledge of the relevant District laws or procedures.

(2) An applicant applying for licensure as a journeyman electrician pursuant to § 47-2853.92(b-1) shall not be required to take an examination demonstrating knowledge of the relevant District laws or procedures.

(3) An applicant applying for licensure as a journeyman plumber or journeyman gasfitter pursuant to § 47-2853.122(b) shall be exempt from the requirements of this subsection.

(4) An applicant applying for licensure as a journeyman refrigeration and air conditioning mechanic pursuant to § 47-2853.202(c) shall be exempt from the requirements of this subsection.

(d) Each board by regulation shall maintain a list of each national certifying organization, and each state, whose standards have been determined to be at least as high as those required by the District, and which admits professionals licensed by the District in a like manner.

(d-1) The Board of Industrial Trades shall annually update the list of national certifying organizations required to be maintained pursuant to subsection (d) of this section.

(e) The Mayor may deny a license or certificate to an applicant whose license or certificate to practice an occupation or profession was revoked or suspended in another jurisdiction if the basis of the revocation or suspension would have caused a similar result in the District, or if the applicant is the subject of pending disciplinary action regarding his or her right to practice in another jurisdiction.

(f) The Mayor may deny a license or certificate to an applicant licensed or certified in another jurisdiction who has failed to meet the continuing education requirements established by that jurisdiction, but failure of an applicant to meet the continuing education requirements established by the District shall not be a basis for denial of a District license or certificate if the jurisdiction in which the applicant was licensed does not have continuing education requirements or has requirements that are different than those required by the District for the occupation or profession.

(g) The Mayor may grant a license or certificate to an applicant whose education and training in an occupation or profession has been successfully completed in a foreign school, college, university, or training program, or who is licensed or certified in the same or substantially similar profession or occupation by the foreign jurisdiction, if the applicant otherwise qualifies for licensure or certification, including passing an examination if required, and if the board determines that the education and training requirements for licensure or certification in the foreign jurisdiction were substantially equivalent, at the time they were received by the applicant, to the requirements of this subchapter.

(h) An applicant for a license, certificate, or registration shall:

(1) Submit an application to the Mayor on the form required by the Mayor; and

(2) Pay the applicable fees established by the Mayor.

(i) An applicant for licensure who otherwise qualifies for a license is entitled to be examined as follows:

(1) Each board that requires the passage of an examination for licensure shall give applicants the opportunity to take such examination at least twice a year.

(2) When a board determines that a national examination is acceptable, then the frequency, time, and place that the national examination is given shall be considered acceptable and in accordance with this subchapter.

(3) The Mayor shall notify each qualified applicant of the time and place of examination.

(4) Except as otherwise provided by this subchapter, each board shall determine the subjects, scope, form, and passing score for examinations to assess the ability of the applicant to practice effectively the occupation or profession regulated by the board, except that when a national examination has been determined to be acceptable, the board shall use the passing score recommended by the organization administering the national examination.

(j) A person licensed or certified under this subchapter to practice an occupation or profession is authorized to practice that occupation or profession in the District while the license is effective.

(k) A person who fails to renew a license or certification required by this subchapter, or fails to re-register, shall be considered to be unqualified to practice the occupation or profession and subject to the penalties set forth in this subchapter and other applicable laws of the District if he or she continues to practice the profession or occupation.

(l) A license, certificate or registration, expires 2 years from the date of its first issuance or renewal unless renewed in accordance with procedures established in this section, except where another period is provided by law or regulation.

(m) Each board may establish by rule continuing education requirements as a condition for renewal of licenses or certificates issued under this subchapter.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; May 24, 2005, D.C. Law 15-357, § 202(a), 52 DCR 1999; Nov. 16, 2006, D.C. Law 16-176, § 2, 53 DCR 6505; Feb. 24, 2012, D.C. Law 19-82, § 2(a), 58 DCR 11022; Oct. 23, 2012, D.C. Law 19-193, § 3(e), 59 DCR 10388; Apr. 23, 2013, D.C. Law 19-274, § 2(a), 60 DCR 2055.)

Prior Codifications

1981 Ed., § 47-2853.12.

Effect of Amendments

D.C. Law 15-357 rewrote subsec. (a)(1) which had read as follows: “(1) Has not been convicted of an offense which bears directly on the fitness of the person to be licensed;”

D.C. Law 16-176, in subsec. (a)(2), inserted “, or at least 17 years of age if applying for license as a barber under § 47-2853.72 or as a cosmetologist, a cosmetologist-manager, a cosmetologist-owner, or any subcategory of specialty cosmetologist under § 47-2853.82”.

D.C. Law 19-82, in subsec. (c), designated the existing text as par. (1), substituted “section and except as provided in paragraph (2) of this subsection,” for “section” in par. (1), and added par. (2); and added subsec. (d-1).

The 2012 amendment by D.C. Law 19-193 added (a)(1)(B-i).

The 2013 amendment by D.C. Law 19-274 added (c)(3) and (c)(4).


§ 47–2853.13. Procedures for renewal of license, certification, and registration.

(a) At least 30 days before the license, certification or regulation expires, or a greater period as established by rule, the Mayor shall send to the person licensed, certified or registered, by first class mail to his or her last known address, a renewal notice that states:

(1) The date on which the current license, certificate, or registration expires;

(2) The date by which the renewal application must be received for renewal to be issued prior to expiration; and

(3) The amount of the renewal fee.

(b) Before a license, certificate or registration expires, it may be renewed for an additional term, if the person applying for renewal:

(1) Submits a timely application;

(2) Is otherwise eligible to be renewed;

(3) Pays the renewal fee established by the Mayor;

(4) Submits satisfactory evidence of compliance with any continuing education requirements established by the board; and

(5) Meets any other requirements established by law or regulation.

(c) The Mayor shall renew the license or certificate, or shall re-register, each applicant for renewal who meets the requirements of this section and § 47-2853.13 [sic], unless a question has been raised about whether an applicant for renewal is eligible for renewal. Where questions arise about the eligibility of the applicant for renewal, the board with responsibility for that occupation or profession shall investigate and determine whether the applicant shall be renewed.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.13.


§ 47–2853.14. Inactive status.

(a) Upon application by any person licensed, certified, or registered to practice an occupation or profession in the District and payment of an inactive status fee established by the Mayor, the Mayor shall place such person on inactive status.

(b) While on inactive status, the person shall not be subject to the renewal fee and shall not practice, attempt to practice, or offer to practice the occupation or profession in the District.

(c) The Mayor shall issue a license or certificate or shall register any person who is on inactive status for less than 5 years and who desires to resume the practice of an occupation or profession for which that person was previously licensed, certified, or registered if that person:

(1) Pays the fee established by the Mayor;

(2) Complies with the continuing education requirements in effect at the time application is made for reactivation; and

(3) Complies with all current requirements for renewal of licensing, certification, or registration.

(d) If the person seeking return to active status has been on inactive status for 5 years or more, he or she shall be considered a new applicant and shall be required to meet all current requirements for licensure, unless the relevant board in its discretion determines that the failure to renew during the 5-year inactive period was due to reasonable cause or excusable neglect.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.14.


§ 47–2853.15. Reinstatement of expired license.

(a) If a person fails for any reason to renew the license, certificate, or registration prior to expiration, the Mayor shall reinstate the license, certificate, or registration if the person:

(1) Applies to the board for reinstatement within 5 years after the license, certification or registration expires;

(2) Complies with current requirements for renewal of a license, certification or registration;

(3) Pays a reinstatement fee established by the Mayor; and

(4) Submits to the board satisfactory evidence of compliance with the qualifications and requirements established under this subchapter for reinstatements.

(b) The Mayor shall not reinstate the license, certification, or registration of a person who fails to apply for reinstatement within 5 years after the license, certification or registration expires. Such person may become licensed, certified, or registered only by meeting the requirements for obtaining an initial license, certification, or registration under this subchapter.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.15.


§ 47–2853.16. Display of license, certificate, or registration; notice of changes of address.

(a) Each person licensed, certified, or registered under this subchapter shall conspicuously display or maintain on file the license, certificate, or registration in all places of covered non-health related business or places of employment.

(b) Each person licensed, certified, or registered under this subchapter shall notify the Mayor of any change of address of the place of residence or place of business or employment within 30 days after the change of address.

(c) Each person licensed, certified, or registered under this subchapter shall be subject to the penalties provided by this subchapter for failure to comply with the requirements of this section.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.16.


§ 47–2853.17. Revocation, suspension, or denial of license or privilege; civil penalty; reprimand.

(a) Each board, subject to the right of a hearing as provided by this subchapter, on an affirmative vote of a majority of its members present and voting may take 1 or more of the disciplinary actions provided in subsection (c) of this section against any applicant or person permitted by this subchapter to practice an occupation or profession regulated by the board who:

(1) Knowingly provides false or misleading information on or in support of an application or renewal application;

(2) Fraudulently or deceptively obtains, or attempts to obtain, a license or certificate, or to register, for another person;

(3) Fraudulently or deceptively uses a license, certificate, or registration;

(4) Is disciplined by a licensing or disciplinary authority in another jurisdiction, or is convicted or disciplined by a court of any jurisdiction, for conduct that would be grounds for disciplinary action under this section;

(5) Has been convicted in any jurisdiction of any crime involving any offense that bears directly on the fitness of the person to be licensed; provided, that this restriction shall not apply to the following occupations, unless the Mayor has issued rules before [May 24, 2005], specifying the criteria for the determination of fitness for licensure based on a specific offense committed by an applicant:

(A) Asbestos worker;

(B) Barber;

(B-i) Body artist;

(C) Cosmetologist;

(D) Commercial bicycle operator;

(E) Electrician;

(F) Funeral director;

(G) Operating engineer;

(H) Plumber/gasfitter;

(I) Refrigeration and air conditioning mechanic; and

(J) Steam engineer.

(6) Has been determined to be professionally or mentally incompetent or physically incapable of carrying out the services for which that person has been licensed, certified or registered;

(7) Is addicted to, or habitually abuses, any narcotic or controlled substance as defined in Chapter 9 of Title 48 (“Uniform Controlled Substances Act”).

(8) Provides, or attempts to provide, professional services while under the influence of alcohol or while using any narcotic or controlled substance as defined in the Uniform Controlled Substances Act, or other drug in excess of therapeutic amounts or without valid medical indication;

(9) Willfully makes or files a false report or record in the practice of his or her occupation or profession, willfully fails to file or record any report required by law, impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

(10) Willfully fails or refuses to comply with any lawful inquiry made by a board with authority over the person’s occupation or profession, or to cooperate fully with such board in the conduct of its official duties;

(11) After proper request in accordance with law, fails to provide records kept by that person in the course of the practice of his occupation or profession to which any other person is lawfully entitled;

(12) Willfully makes a misrepresentation as to what services the person is authorized to perform under the terms of his or her license, certificate or registration;

(13) Willfully practices an occupation or profession with an unauthorized person or aids an unauthorized person in the practice of an occupation or profession;

(14) Submits false statements to collect fees for which services have not been provided or submits statements to collect fees for services which were not authorized and were not necessary;

(15) Fails to pay a civil fine imposed by the Mayor, a board, other administrative officer, or court;

(16) Willfully breaches a statutory, regulatory, or ethical requirement of the profession or occupation, unless ordered by a court;

(17) Refuses to provide service for which he or she is licensed, certified or registered, to any person for reasons prohibited by Unit A of Chapter 14 of Title 2, or any other District or federal anti-discrimination law or regulation;

(18) Performs, offers, or attempts to perform services beyond the scope of those authorized by the registration, license or certificate, if such services require registration, licensing, or certification under District law;

(19) Violates any District or federal law, regulation, or rule related to the practice of the occupation or profession;

(20) Violates a valid order of a board or violates a consent decree or negotiated settlement entered into with a board;

(21) Demonstrates a willful or careless disregard for the standards of acceptable conduct and prevailing practice within the occupation or profession;

(22) Demonstrates a willful or careless disregard for the health, welfare, or safety of any client or member of the public in the practice of the occupation or profession, regardless of whether such person sustains actual injury as a result; or

(23) Fails to pay the applicable fees required by this subchapter.

(b)(1) A board may require a licensed or certified person to submit to a mental or physical examination whenever it has probable cause to believe that person is impaired due to the reasons specified in subsection (a)(6), (7), or (8) of this section. The examination shall be conducted by one or more health professionals designated by the board, and he, she, or they shall report their findings concerning the nature and extent of the impairment, if any, to the board and to the person who was examined.

(2) Notwithstanding the findings of the examination ordered by the board, the licensed or certified person may submit, in any proceedings before a board or other adjudicatory body, the findings of an examination conducted by one or more health professionals of his or her choice to rebut the findings of the examination ordered by the board.

(3) Willful failure or refusal to submit to an examination requested by a board shall be considered as affirmative evidence that the licensed or certified person is in violation of subsection (a)(6), (7), or (8) of this section, and the person shall not be entitled to submit the findings of another examination in disciplinary or adjudicatory proceedings related to the violation.

(c) Upon determination by a board that an applicant, licensee, or person permitted by this subchapter to practice in the District has committed any of the acts described in subsection (a) of this section, the board may direct the Mayor to:

(1) Deny a license or certificate to an applicant;

(2) Revoke or suspend the license of any licensee or the certificate of a certified person, or may refuse to register a person;

(3) Revoke or suspend the privilege to practice in the District of any person permitted by this subchapter to practice in the District;

(4) Reprimand any licensee or person permitted by this subchapter to practice in the District;

(5) Impose a civil fine not to exceed $5,000 for each violation by any applicant, licensee, or person permitted by this subchapter to practice in the District;

(6) Require a course of remediation, approved by the board, which may include:

(A) Therapy or treatment;

(B) Retraining; and

(C) Reexamination, in the discretion of and in the manner prescribed by the board, after the completion of the course of remediation;

(7) Require a period of probation; or

(8) Issue a cease and desist order pursuant § 47-2853.19 [repealed, see now § 47-2844.01].

(c-1) An applicant may be denied a license or certificate by reason of a conviction which bears directly on the fitness of the person to be licensed only after consideration by the Mayor of the following criteria:

(1) The specific duties and responsibilities necessarily related to the license sought;

(2) The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more of the duties or responsibilities specified under paragraph (1) of this subsection;

(3) The time that has elapsed since the occurrence of the criminal offense or offenses;

(4) The age of the applicant at the time of occurrence of the criminal offense or offenses;

(5) The seriousness of the criminal offense or offenses;

(6) Any information produced by the applicant, or produced on his behalf, in regard to his rehabilitation and good conduct; and

(7) The legitimate interest in protecting property, and the safety and welfare of specific individuals or the general public.

(c-2) If a conviction of a criminal offense which bears directly on the fitness of the person to be licensed is the basis for denial of an application for a license or certificate under subsection (c) of this section, the denial shall be in writing and specifically state the evidence presented and reasons for the denial. A copy of the denial shall be provided to the applicant.

(d) Nothing in this subchapter shall preclude prosecution for a criminal violation of this subchapter regardless of whether the same violation has been or is the subject of one or more of the disciplinary actions provided by this subchapter. Criminal prosecution may proceed prior to, simultaneously with, or subsequent to administrative enforcement action.

(e) A person licensed to practice an occupation or profession in the District is subject to the disciplinary authority of the relevant board on the basis of disciplinary action taken by another jurisdiction if the basis of the disciplinary action would have caused a similar result in the District.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; May 24, 2005, D.C. Law 15-357, § 202(b), 52 DCR 1999; Oct. 23, 2012, D.C. Law 19-193, § 3(f), 59 DCR 10388.)

Prior Codifications

1981 Ed., § 47-2853.17.

Section References

This section is referenced in § 47-2853.08 and § 47-2853.48.

Effect of Amendments

D.C. Law 15-357 rewrote subsec. (a)(5) and added subsecs. (c-1) and (c-2). Prior to amendment, subsec. (a)(1) read as follows: “(5) Has been convicted in any jurisdiction of any crime involving any offense that bears directly on the fitness of the person to be licensed;”

The 2012 amendment by D.C. Law 19-193 added (a)(5)(B-i).


§ 47–2853.18. Summary suspension or restriction of license.

(a) If the Mayor determines, after investigation, that the conduct of a licensee presents an imminent danger to the health and safety of persons in the District, the Mayor may summarily suspend or restrict, without a hearing, the license to practice an occupation or profession.

(b) The Mayor, at the time of the summary suspension or restriction of a license, shall provide the licensee with written notice stating the action that is being taken, the basis for the action, and the right of the licensee to request a hearing.

(c) A licensee shall have the right to request a hearing within 72 hours after service of notice of the summary suspension or restriction of license. The board shall hold a hearing within 72 hours of receipt of a timely request, and shall issue a decision within 72 hours after the hearing.

(d) Every decision and order adverse to a licensee shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings shall be supported by, and in accordance with, reliable, probative, and substantial evidence. The relevant board shall provide a copy of the decision and order and accompanying findings of fact and conclusions of law to each party to a case or to his or her attorney of record.

(e) Any person aggrieved by a final summary action may file an appeal in accordance with subchapter I of Chapter 5 of Title 2.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.18.


§ 47–2853.19. Cease and desist orders. [Repealed]

Repealed.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 4, 2006, D.C. Law 16-81, § 5(d), 53 DCR 1050.)

Prior Codifications

1981 Ed., § 47-2853.19.


§ 47–2853.20. Voluntary surrender of license.

(a) Any person who is the subject of an investigation into, or a pending proceeding involving, allegations of misconduct may voluntarily surrender his or her registration, license, or certificate to practice in the District, but only by delivering to the Mayor an affidavit stating that the person desires to surrender the registration, license, or certificate and that the action is freely and voluntarily taken, and not the result of duress or coercion.

(b) Upon receipt of the required affidavit, the Mayor shall enter an order revoking or suspending the registration, license, or certificate of the person.

(c) The voluntary surrender of a registration, license, or certificate shall not preclude the imposition of civil or criminal penalties against the licensee.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.20.

Delegation of Authority

Delegation of Revocation and Suspension Authority to Board of Real Estate, see Mayor’s Order 2007-125, May 25, 2007 ( 54 DCR 9064).


§ 47–2853.21. Voluntary limitation or surrender; confidentiality.

(a)(1) Any registration, license, or certificate issued under this subchapter may be voluntarily limited by the licensee or certificate holder either:

(A) Permanently;

(B) For an indefinite period of time to be restored at the discretion of the board regulating the occupation or profession; or

(C) For a definite period of time under an agreement between the licensee or certificate holder and the board.

(2) During the period of time that the license or certificate has been limited, the licensee or certificate holder shall not engage in the practices or activities to which the voluntary limitation of practice relates.

(3) As a condition for accepting the voluntary limitation of practice, the board may require the licensee or certificate holder to do one or more of the following:

(A) Accept care, counseling, or treatment by a health professional acceptable to the board;

(B) Participate in a program of education prescribed by the board; and

(C) Practice under the direction of a licensed or certified person in the same or a similar occupation or profession acceptable to the board for a specified period of time.

(b)(1) Any license or certificate issued under this subchapter may be voluntarily surrendered to the board by the licensee or certificate holder either:

(A) Permanently;

(B) For an indefinite period of time to be restored at the discretion of the board regulating the occupation or profession; or

(C) For a definite period of time under an agreement between the licensee or certificate holder and the board.

(2) During the period of time that the license or certificate has been surrendered, the person surrendering the license or certificate shall not practice, attempt to practice, or offer to practice the occupation or profession for which the license or certificate is required, shall be considered as not licensed or certified, and shall not be required to pay the fees for licensing or certification.

(c) All records, communications, and proceedings of the board related to the voluntary limitation or surrender of a license under this section shall be confidential.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.21.


§ 47–2853.22. Hearings; final decision.

(a) Before a board denies an applicant a registration, license, or certificate, revokes or suspends a registration, license, or certificate, reprimands a licensee or certificate holder, imposes a civil fine, requires a course of remediation or a period of probation, or denies an application for reinstatement, it shall give the person against whom the action is contemplated an opportunity for a hearing before the board except where the denial of the license is based solely on an applicant’s failure to meet minimum age, education, or experience requirements, pass a required examination, pay the applicable fees established by the board, or where there are no material facts at issue.

(b) A board, at its discretion, may request the applicant, licensee or certificate holder to attend a settlement conference prior to holding a hearing under this section, and may enter into negotiated settlement agreements and consent decrees to carry out its functions.

(c) Except to the extent that this subchapter specifically provides otherwise, a board shall give notice and hold the hearing in accordance with subchapter I of Chapter 5 of Title 2.

(d) The hearing notice to be given to the person shall be sent by certified mail to the last known address of the person at least 15 days before the hearing.

(e) The person may be represented at the hearing by counsel.

(f)(1) A board may administer oaths and require the attendance and testimony of witnesses and the production of books, papers, and other evidence in connection with any proceeding under this section.

(2) A board shall require the attendance of witnesses and the production of books, papers, and other evidence reasonably requested by the person against whom an action is contemplated.

(3) In case of contumacy by or refusal to obey a subpoena issued by the board to any person, the board may refer the matter to the Superior Court of the District of Columbia, which may by order require the person to appear and give testimony or produce books, papers, or other evidence bearing on the hearing. Refusal to obey such an order shall constitute contempt of court.

(g) If, after due notice, the person against whom the action is contemplated fails or refuses to appear, a board may hear and determine the matter.

(h) A board shall issue its final decision in writing within 90 days after conducting a hearing.

(i) A board may delegate its authority under this subchapter to hold hearings and issue final decisions to a panel of 3 or more members of the board. Final decisions of a hearing panel shall be considered final decisions of the board for purposes of appeal to the District of Columbia Court of Appeals, except that the person against whom an action is contemplated may ask for a rehearing before the full board. If a rehearing before the full board is requested, no appeal to the District of Columbia Court of Appeals shall be permitted until the full board has issued a ruling.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.22.

Section References

This section is referenced in § 47-2844.01, § 47-2853.08, and § 47-2853.10.


§ 47–2853.23. Appeal and review.

Any person aggrieved by a final decision of a board may appeal the decision to the District of Columbia Court of Appeals pursuant to § 2-510.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.23.


§ 47–2853.24. Reinstatement of suspended or revoked license.

(a) Except as provided in subsection (b) of this section, a board may reinstate the license or privilege of a person whose license or privilege has been suspended or revoked by the board only in accordance with:

(1) The terms and conditions of the order of suspension or revocation; or

(2) A final judgment or order in any proceeding for review.

(b)(1) If an order of suspension or revocation was based on the conviction of a crime which bears directly on the fitness of the person to be licensed, and the conviction subsequently is overturned at any stage of an appeal or other post-conviction proceeding, the suspension or revocation shall end when the conviction is overturned.

(2) After the process of review is completed, the clerk of the court issuing the final disposition of the case shall notify the board or the Mayor of that disposition.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.24.


§ 47–2853.25. Licenses and certifications issued prior to this subchapter.

Any person who has been properly licensed or certified under any prior law or regulation of the District, has a valid license or certificate, and on the effective date of this subchapter is in the active practice of the occupation or profession for which he or she has been licensed or certified shall be deemed qualified to practice that occupation or profession, notwithstanding that such person does not meet the qualifications for licensure or certification set forth in this subchapter. The person shall be eligible to renew that license or certificate and continue to practice that occupation or profession as long as all current requirements for licensure or certification are met and unless disciplined as provided in this subchapter.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.25.


§ 47–2853.26. False representation of authority to practice.

Unless authorized to practice an occupation or profession under this subchapter, a person shall not represent to the public by title, description of services, methods, or procedures, or otherwise that the person is authorized to practice that occupation or profession in the District.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.26.


§ 47–2853.27. Fines and penalties; criminal violations.

(a) Any person who violates any provision of this subchapter shall, upon conviction, be subject to imprisonment not to exceed one year, a fine not to exceed $10,000, or both.

(b) Any person who has been previously convicted under this subchapter shall, upon conviction, be subject to imprisonment not to exceed one year, a fine not to exceed $25,000, or both.

(c) The fines set forth in this section shall not be limited by [§ 22-3571.01].


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 11, 2013, D.C. Law 19-317, § 112(f), 60 DCR 2064.)

Prior Codifications

1981 Ed., § 47-2853.27.

Effect of Amendments

The 2013 amendment by D.C. Law 19-317 added (c).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 112(f) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

Editor's Notes

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.


§ 47–2853.28. Prosecutions.

(a) Prosecutions for violations of this subchapter shall be brought in the name of the District of Columbia by the Attorney General for the District of Columbia.

(b) In any prosecution brought under this subchapter, any person claiming an exemption from regulation under this subchapter shall have the burden of providing entitlement to the exemption.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(9), 52 DCR 2638.)

Prior Codifications

1981 Ed., § 47-2853.28.

Effect of Amendments

D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.


§ 47–2853.29. Fines and penalties; civil alternatives.

Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter, pursuant to Chapter 18 of Title 2.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.29.


§ 47–2853.30. Injunctions; unlawful practices.

(a) The Attorney General for the District of Columbia may bring an action in the Superior Court of the District of Columbia in the name of the District of Columbia to enjoin the unlawful practice of any occupation or profession or any other action which is grounds for the imposition of a criminal penalty or disciplinary action under this subchapter.

(b) Remedies under this section are in addition to criminal prosecution or any disciplinary action by a board.

(c) In any proceeding under this section, it shall not be necessary to prove that any person is personally injured by the action or actions alleged.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(10), 52 DCR 2638.)

Prior Codifications

1981 Ed., § 47-2853.30.

Effect of Amendments

D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”.


Part A. Accountants.

§ 47–2853.41. Definitions; scope of practice for accountants.

For the purposes of this part, the term:

(1) “Attest services” or “attestation services” means providing any of the following services:

(A) An audit or other engagement to be performed in accordance with the Statements on Auditing Standards;

(B) A review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services;

(C) An examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements;

(D) An engagement to be performed in accordance with the Auditing Standards of the Public Company Accounting Oversight Board; and

(E) An examination, review, or agreed-upon procedures engagement to be performed in accordance with the Statements on Standards for Attestation Engagements, other than an examination described in subparagraph (C) of this paragraph.

(2) “Board” means the Board of Accountancy established under § 47-2853.06(b).

(3) “Certificate” means the certificate of certified public accountant.

(4) “Compilation service” means providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services that is presenting in the form of financial statements information that is the representation of management or owners without undertaking to express any assurance on the statements.

(5) “Firm” means a sole proprietorship, a corporation, a partnership, or any other form of organization.

(6) “Home office” means the location specified by the client as the address to which a service described in § 47-2853.49(d)(4) is directed.

(7) “Practice of certified public accounting” means providing accounting or consulting services under circumstances where there is an expectation of public confidence in the services, and attesting to the results, including:

(A) Expressing opinions on financial statements or audits;

(B) Reviewing financial statements and issuing reports in standard form on the statements;

(C) Compiling financial statements and issuing reports in standard form on the compilations; and

(D) Examining prospective financial information.

(8) “Principal place of business” means the office location designated by a certified public accountant for purposes of § 47-2853.49 and reciprocity.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Dec. 2, 2011, D.C. Law 19-43, § 2(c), 58 DCR 8928; Apr. 15, 2017, D.C. Law 21-276, § 2(b), 64 DCR 955.)

Prior Codifications

1981 Ed., § 47-2853.41.

Section References

This section is referenced in § 47-2853.06 and § 47-2853.44.

Effect of Amendments

D.C. Law 19-43 rewrote the section, which formerly read:

“(a) For the purposes of this part, the term ‘Practice of Certified Public Accounting’ means providing accounting or consulting services under circumstances where there is an expectation of public confidence in such services, and attesting to the results, including (1) expressing opinions on financial statements (audits); (2) reviewing financial statements and issuing reports in standard form on such statements; (3) compiling financial statements and issuing reports in standard form on such compilations; (4) examining prospective financial information.

“(b) For the purposes of this part, the term ‘certificate’ means the Certificate of certified public accountant.”

Editor's Notes

Section 3 of D.C. Law 19-43 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-43, § 3, was repealed by D.C. Law 19-168, § 7010.


§ 47–2853.42. Eligibility requirements.

An applicant for licensure as a certified public accountant shall establish to the satisfaction of the Board of Accountancy that the applicant:

(1) Is of good moral character;

(2) [Repealed].

(3) Has passed an examination in accounting and auditing and such related subjects as the Board shall determine to be appropriate;

(4)(A) Holds a baccalaureate degree with a concentration in accounting conferred by a college or university recognized by the Board or holds that which the Board determines to be substantially the equivalent thereof; or

(B) Holds a baccalaureate degree acceptable to the Board supplemented with the equivalent of an accounting concentration including related courses in other areas of business administration; and

(C) For applicants receiving a baccalaureate degree after January 1, 2000, in addition to meeting the requirements of either subparagraphs (A) or (B) of this paragraph, possesses 150 semester hours of college education; and

(5) Meets any other requirements established by rule to ensure that the applicant has the proper training, experience, and qualifications to practice as a certified public accountant.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(c), 53 DCR 4718; Apr. 15, 2017, D.C. Law 21-276, § 2(c), 64 DCR 955.)

Prior Codifications

1981 Ed., § 47-2853.42.

Section References

This section is referenced in § 47-2853.49.

Effect of Amendments

D.C. Law 16-130, in par. (2), substituted “the examinations” for “the written examinations”; in par. (3), substituted “an examination” for “a written examination”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(d) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).

Temporary Legislation

Section 2(d) of D.C. Law 16-101, in par. (2), substituted “examination” for “written examinations”; and in par. (3), substituted “an examination.” for “a written examination”.

Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect.


§ 47–2853.43. Certain representations prohibited.

(a) Except as provided in § 47-2853.49 and as permitted by the Board pursuant to subsection (b) of this section, no person shall assume or use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant, unless the person has received a license as a certified public accountant under this subchapter . No firm shall assume or use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of certified public accountants unless the firm is registered as a firm of certified public accountants , and all offices of such firm in the District for the practice of public accounting are maintained and registered as required by § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(4). No person shall assume or use the title or designation “public accountant” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such person is a public accountant unless that person is licensed as a certified public accountant under this part.

(b) No firm shall assume or use the title or designation “public accountant” or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of public accountants unless it is a firm of public accountants or a firm of certified public accountants , and all offices of the firm in the District for the practice of public accounting are maintained and registered as required under § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(4).

(c) No person or firm shall assume or use the title or designation “certified accountant,” “chartered accountant,” “enrolled accountant,” “licensed accountant,” “registered accountant,” “accredited accountant,” or any other title or designation likely to be confused with “certified public accountant” or “public accountant,” or any of the abbreviations “CA,” “PA,” “RA,” “LA,” or “AA,” or similar abbreviations likely to be confused with “CPA”; provided, however, that anyone who holds a practice privilege pursuant to § 47-2853.49, may hold himself out to the public as an “accountant” or “auditor.”

(d)(1) No person shall sign or affix his or her name or any trade or assumed name used by the person in his or her profession or business to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing financial information or facts concerning compliance with conditions established by law or contract, including, but not limited to, statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying or contained in the opinion or certificate which indicates that the person is either an accountant or an auditor or has expert knowledge in accounting or auditing, unless the person holds a valid license or registration issued by the Board, or unless the person holds a practice privilege pursuant to § 47-2853.49.

(2) The provisions of this subsection shall not prohibit any officer, employee, partner, or principal of any organization from affixing his or her signature to any statement or report in reference to the affairs of the organization with any wording designating the position, title, or office which he or she holds in the organization nor shall the provisions of this subsection prohibit any act of a public official or public employee in the performance of his or her official duties.

(e) No person shall sign or affix a firm name to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing financial information or facts respecting compliance with conditions established by law or contract, including, but not limited to, statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying or contained in the opinion or certificate which indicates that the firm is composed of or employs accountants, auditors, or other persons having expert knowledge in accounting or auditing, unless the firm holds a valid registration issued by the Board , or is a firm exempt from registration under § 47-2853.44(a)(4).

(f) No person shall assume or use the title or designation “certified public accountant” or “public accountant” in conjunction with names indicating or implying that there is a firm or in conjunction with the designation “and Company” or “and Co.” or a similar designation if there is in fact no bona fide firm registered under § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(4) provided, that a sole proprietor or partnership lawfully using such title or designation in conjunction with such names or designation under prior law may continue to do so.

(g) Notwithstanding any other provision of this section, it shall not be a violation of this section for a firm that does not hold a valid registration under § 47-2853.44 and that does not have an office in the District to provide its professional services in the District so long as it complies with the requirements of § 47-2853.44(a)(4).


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(d), 53 DCR 4718; Dec. 2, 2011, D.C. Law 19-43, § 2(d), 58 DCR 8928; Apr. 15, 2017, D.C. Law 21-276, § 2(d), 64 DCR 955.)

Prior Codifications

1981 Ed., § 47-2853.43.

Effect of Amendments

D.C. Law 16-130 rewrote subsec. (a); and in subsec. (b) and par. (d)(1), substituted “s” for “§§ 47-2853.45 and”.

D.C. Law 19-43, in subsec. (a), substituted “Except as provided in § 47-2853.49 and as permitted by the Board” for “Except as permitted by the Board”, substituted “under this subchapter and holds” for “under this subchapter, holds”; substituted “public accountants in the District” for “public accountants in the District, and all of the person’s offices in the District for the practice of public accounting are maintained and registered as required under § 47-2853.45”; in subsec. (b), substituted “under § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(2) or (3)” for “under § 47-2853.46”; in subsec. (c), substituted “, or anyone who holds a practice privilege pursuant to § 47-2853.49,” for “and all of whose offices in the District for the practice of public accounting are maintained and registered as required by the special rules”; in subsec. (d)(1), substituted “, or unless the person holds a practice privilege pursuant to § 47-2853.49” for “and all of the person’s offices in the District for the practice of public accounting are maintained and registered as required by § 47-2853.46”; in subsecs. (e) and (f), substituted “§ 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(2) or (3)” for “§§ 47-2853.44 and 47-2853.46”; and added (g).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(e) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).

Temporary Legislation

Section 2(e) of D.C. Law 16-101, in subsec. (a), deleted “and 47-2853.45” and “, 47-2853.45,” and substituted “licensed as a certified public accountant under this part.” for the colon at the end of the lead-in text; repealed subsecs. (a)(1) and (a)(2); in subsec. (b), substituted “§” for “§§ 47-2853.45 and”; and, in subsec. (d)(1), substituted “§” for “§§ 47-2853.45 and”.

Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 3 of D.C. Law 19-43 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-43, § 3, was repealed by D.C. Law 19-168, § 7010.


§ 47–2853.44. Registration of firms of certified public accountants.

(a)(1) The Board shall register firms of certified public accountants that demonstrate their qualifications in accordance with this section.

(2) The following entities must register under this section:

(A) Any firm with an office in the District performing attest services as defined in § 47-2853.41(1) or engaging in the practice of certified public accounting as defined in § 47-2853.41(7);

(B) Any firm with an office in the District that uses the title “CPA” or “CPA firm”; and

(C) Any firm that does not have an office in the District but performs attest services defined in § 47-2853.41(1) for a client having its home office in the District.

(3) [Repealed].

(4) A firm that is not subject to the requirements of paragraph (2) of this subsection may perform other professional services in the practice of certified public accounting in the District and may use the title "CPA" or "CPA firm" without registering under this section, if the firm:

(A) Performs the services through an individual with practice privileges under § 47-2853.49; and

(B) Is lawfully able to perform the services in the state where the individual with practice privileges has his or her principal place of business.

(b) A firm registering with the Board as a firm of certified public accountants under subsection (a) of this section shall meet the following requirements:

(1) At least one member shall be a certified public accountant licensed and in good standing in the District or, in the case of a firm required to register under subsection (a)(2)(C) of this section, shall be an individual with practice privileges under § 47-2853.49;

(2) Each member, whose principal place of business is in the District and who performs professional services in the District shall be a certified public accountant licensed and in good standing in the District;

(3) Repealed;

(4) Notwithstanding any other provision of law and subject to the provisions of paragraph (5) of this subsection:

(A) At least a simple majority of the ownership interest and voting rights of all partners, officers, shareholders, members, or managers in the firm of certified public accountants shall be owned by individuals licensed as certified public accountants in the District or in any other state; and

(B) Partners, officers, shareholders, members, or managers whose principal place of business is in the District and who perform professional services in the District shall be licensed under this part.

(5) A firm of certified public accountants which includes owners who are not licensed under this part shall be subject to the following requirements:

(A) The firm shall designate an individual who is licensed in the District or, in the case of a firm required to register under subsection (a)(2)(C) of this section, an individual with practice privileges under § 47-2853.49, to be responsible for the proper registration of the firm and notify the Board.

(B) All owners who are not licensed in the District or in a state shall be active individual participants in the firm of certified public accountants or affiliated entities.

(C) The firm shall comply with all other requirements that the Board may impose by rule.

(6) A licensed individual, or individual with practice privileges, who is responsible for attestation or compilation services and signs, or authorizes another person to sign, the accountant’s report on the financial statements on behalf of the firm shall meet the competency requirements set forth in the professional standards for such services.

(7) A licensed individual, or individual with practice privileges, who signs, or authorizes another person to sign, the accountants’ report on the financial statements on behalf of the firm shall meet the competency requirements set forth in the professional standards.

(c) Subject to subsection (a)(4) of this section, a firm that is a corporation organized for the practice of certified public accounting shall also comply with Chapter 5 of Title 29, and any rules promulgated thereunder, governing the issuance, ownership, and transferability of shares and be in compliance with such regulations as may be issued for such corporations.

(d) A firm that is registered pursuant to this section or that is exempt from holding a registration under subsection (a)(4) of this section may use the words “certified public accountants” or the abbreviation “CPA” in connection with its firm name. A registered firm shall notify the Board within one month after the admission or withdrawal of a member or shareholder in practice in the District from any firm so registered. Firms shall not offer certified public accounting services unless registered pursuant to this section, except as provided in subsection (a)(2) and (3) of this section.

(e) An applicant firm for initial issuance or renewal of a registration to practice under this section shall register each office of the firm within the District with the Board and demonstrate that all attest and compilation services rendered in the District are under the charge of a person licensed under this part, or the corresponding provision of prior law or some other state.

(f)(1) An applicant firm for initial issuance or renewal of a registration under this section shall, in its application, list all states (including the District) in which the firm has applied for or has been registered as a CPA firm and list any past denial, revocation, or suspension of a license or registration by the District or any other state.

(2) Each licensee or applicant for a registration under this section shall notify the Board in writing within 30 days after its occurrence of any:

(A) Change in the identities of partners, officers, shareholders, members, or managers whose principal place of business is in the District;

(B) Change in the number or location of offices within the District;

(C) Change in the identity of the persons in charge of offices within the District; or

(D) Issuance, denial, revocation, or suspension of a license, permit, or registration by any other state.

(g) Firms that fall out of compliance with the provisions of this section due to changes in firm ownership or personnel shall take corrective action as quickly as possible. The Board may grant a reasonable period to take corrective action. Failure to bring the firm back into compliance within a reasonable period, as defined by the Board, shall result in the suspension or revocation of the firm registration.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(e), 53 DCR 4718; July 2, 2011, D.C. Law 18-378, § 3(jj)(2), 58 DCR 1720; Dec. 2, 2011, D.C. Law 19-43, § 2(e), 58 DCR 8928; Sept. 26, 2012, D.C. Law 19-171, § 114(n), 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-276, § 2(e), 64 DCR 955.)

Prior Codifications

1981 Ed., § 47-2853.44.

Section References

This section is referenced in § 47-2853.43 and § 47-2853.49.

Effect of Amendments

D.C. Law 16-130 rewrote the section.

D.C. Law 18-378, in par. (2), substituted “Chapter 5” for “Chapter 4”.

D.C. Law 19-43 redesignated subsecs. (a) to (f) as subsecs. (b) to (g); added subsec. (a); rewrote redesignated subsec. (b); in subsec. (d), substituted “issued by the Board, or that is exempt from holding a registration and permit under subsection (a)(2) and (3) of this section” for “issued by the Board”, and substituted “pursuant to this section, except as provided in subsection (a)(2) and (3) of this section”, for “pursuant to this section”.

The 2012 amendment by D.C. Law 19-171 substituted “licensed in the District, or, in the case of a firm required to register under subsection (a)(2)(A) of this section, an individual with practice privileges under § 47-2853.49, to be” for “licensed in the District or, in the case of a firm required to register under subsection (a)(2)(A) of this section, shall be an individual with practice privileges under § 47-2853.49 to be” in (b)(5)(A).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(f) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).

Temporary Legislation

Section 2(f) of D.C. Law 16-101 amended section to read as follows:

“(a) A firm engaged in the District in the practice of certified public accounting may register with the Board as a firm of certified public accountants if it meets the following requirements:

“(1) At least one member thereof is a certified public accountant of the District in good standing;

“(2) Each member thereof must be a certified public accountant of the District or of a state in good standing;

“(3) At least one member or the resident manager in charge of an office of the firm in the District and each member thereof personally engaged within the District in the practice of public accounting as a member thereof must be a certified public accountant of the District in good standing;

“(4) Notwithstanding any other provision of law:

“(A) At least 51% of the firm of certified public accountants, in terms of financial interests and voting rights of all partners, officers, shareholders, members, or managers, belongs to individuals licensed as certified public accountants in the District or in any other state;

“(B) Partners, officers, shareholders, members, or managers, whose principal place of business is in the District, or who perform professional services in the District, hold a valid license issued under this part; and

“(C) Although firms may include non-licensee owners, the firm and its ownership must comply with rules promulgated by the Board;

“(5) Any firm of certified public accountants as defined in this part may include non-licensee owners; provided, that:

“(A) The firm designates a licensee of the District who is responsible for the proper registration of the firm and identifies that individual to the Board;

“(B) All non-licensee owners are active individual participants in the firm of certified public accountants or affiliated entities; and

“(C) The firm complies with such other requirements as the Board may impose by rule;

“(6) Any individual licensee who is responsible for supervising services requiring licensure as a certified public accountant and signs or authorizes someone to sign the accountant’s report on the financial statements on behalf of the firm shall meet the competency requirements set out in the professional standards for such services; and

“(7) Any individual licensee who signs or authorizes someone to sign the accountants’ report on the financial statements on behalf of the firm shall meet the competency requirement of paragraph (6) of this subsection.”.

“(b) Subject to the exception provided in subsection (a)(4) of this section, a firm that is a corporation organized for the practice of certified public accounting shall also comply with the provisions of Chapter 4 of Title 29, governing the issuance, ownership, and transferability of shares and be in compliance with such regulations as may be issued for such corporations.

“(c) A firm which is registered pursuant to this section and which holds a permit issued by the Board may use the words ”certified public accountants“ or the abbreviation ”CPA“ in connection with its firm name. Notification shall be given to the Board within one month after the admission or withdrawal of a member or shareholder in practice in the District from any firm so registered. Firms shall not offer certified public accounting services unless registered pursuant to this section.

“(d) An applicant firm for initial issuance or renewal of a permit to practice under this section shall be required to register each office of the firm within the District with the Board and to show that all attest and compilation services as defined herein rendered in the District are under the charge of a person holding a valid license in the District issued under Subchapter I-B, or the corresponding provision of prior law or some other state.

“(e) An applicant firm for initial issuance or renewal of permits under this section shall, in its application, list all states (including the District) in which the firm has applied for or holds permits as a certified public accounting firm and list any past denial, revocation, or suspension of a permit by the District or any other state, and each holder of or applicant for a permit under this section shall notify the Board in writing, within 30 days after its occurrence, of any change in the identities of partners, officers, shareholders, members, or managers whose principal place of business is in the District, any change in the number or location of offices within the District, any change in the identity of the persons in charge of such offices, and any issuance, denial, revocation, or suspension of a permit by any other state.

“(f) Firms that fall out of compliance with the provisions of this section due to changes in firm ownership or personnel, after receiving or renewing a permit, shall take corrective action to bring the firm back into compliance as quickly as possible. The Board may grant a reasonable period of time for a firm to take such corrective action. Failure to bring the firm back into compliance within a reasonable period as defined by the Board shall result in the suspension or revocation of the firm permit.”

Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 3 of D.C. Law 19-43 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-43, § 3, was repealed by D.C. Law 19-168, § 7010.


§ 47–2853.45. Registration of firms of public accountants. [Repealed]

Repealed.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(f), 53 DCR 4718.)

Prior Codifications

1981 Ed., § 47-2853.45.

Emergency Legislation

For temporary (90 day) repeal of section, see § 2(g) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).

Temporary Legislation

Section 2(g) of D.C. Law 16-101 repealed this section.

Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect.


§ 47–2853.46. Offices; annual registration. [Repealed]

Repealed.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(g), 53 DCR 4718; Mar. 25, 2009, D.C. Law 17-353, §§ 117, 183, 56 DCR 1117; December 2, 2011, D.C. Law 19-43, § 2(f), 58 DCR 8928.)

Prior Codifications

1981 Ed., § 47-2853.46.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(h) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).

For temporary (90 day) repeal of section 3 of D.C. Law 19-43, see § 7010 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) repeal of section 3 of D.C. Law 19-43, see § 7010 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

Section 2(h) of D.C. Law 16-101 deleted “; or by a public accountant or a firm of public accountants;”.

Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 3 of D.C. Law 19-43 provided: “Sec. 3. Applicability. This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.”

Section 3 of D.C. Law 19-43 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-43, § 3, was repealed by D.C. Law 19-168, § 7010.


§ 47–2853.47. Permits; issuance. [Repealed]

[Repealed].


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(h), 53 DCR 4718; Dec. 2, 2011, D.C. Law 19-43, § 2(f), 58 DCR 8928; Apr. 15, 2017, D.C. Law 21-276, § 2(f), 64 DCR 955.)

Prior Codifications

1981 Ed., § 47-2853.47.

Section References

This section is referenced in § 47-2853.01, § 47-2853.43, § 47-2853.44, and § 47-2853.49.

Effect of Amendments

D.C. Law 16-130, in subsec. (a), substituted “certified public accounting” for “public accounting”.

D.C. Law 19-43 repealed subsec. (b), which read as follows: “(b) To be eligible for permits all offices in the District of the certificate holder or registrant must be maintained and registered as required by this subchapter.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(i) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).

Temporary Legislation

Section 2(i) of D.C. Law 16-101, in par. (a), substituted “certified public accounting” for “public accounting”.

Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect.

Editor's Notes

Section 3 of D.C. Law 19-43 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-43, § 3, was repealed by D.C. Law 19-168, § 7010.


§ 47–2853.48. Actions against firms.

(a) After a notice and hearing as provided in this subchapter, the Board shall suspend or revoke the registration to practice of a firm if at any time the firm does not meet all the qualifications prescribed by the provision of this subchapter under which it qualified for registration.

(b) After a notice and hearing as provided in this subchapter, and upon a determination by the Board that an applicant or firm has committed any of the acts described in § 47-2853.17(a), or violated any rule promulgated pursuant to this subchapter, the Board may take an of the following disciplinary actions:

(1) Deny a registration or refuse to renew a registration of a firm;

(2) Revoke or suspend the registration of a firm;

(3) Censure or reprimand a firm registered or permitted to practice in the District;

(4) Impose a civil fine not to exceed $25,000 for each violation by an applicant or a firm registered or permitted to practice in the District; or

(5) Restrict a firm from offering or providing attestation services, as defined in § 47-2853.41(1), in the District.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 15, 2017, D.C. Law 21-276, § 2(g), 64 DCR 955.)

Prior Codifications

1981 Ed., § 47-2853.48.


§ 47–2853.49. Substantial equivalency; practice privilege.

(a) The Board, or its designee, shall make a determination of whether the education, examination, and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed, the education, examination, and experience requirements contained in the Uniform Accountancy Act, approved by the NASBA Board of Directors on July 7, 2007 (http://www.nasba.org/862571B900737CED/60C85E6667EE42F58 62573E6004F3E9D/$file/UAA%20Fifth%20Edition%20Final.pdf) (“UAA”) or that an individual certified public accountant’s (“CPA”) education, examination, and experience qualifications are comparable to or exceed the education, examination, and experience requirements contained in the UAA. In making its determination, the Board, or its designee, shall take into account the qualifications without regard to the sequence in which experience, education, or examination requirements were attained.

(b) An individual whose principal place of business is not in the District shall be presumed to have qualifications substantially equivalent to the District’s qualifications and shall have all the privileges of licensees of the District without the need to obtain a license under § 47-2853.42 if:

(1) The individual holds a valid, unrestricted license as a CPA from any state that the NASBA National Qualification Appraisal Service has verified to be in substantial equivalence with the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy; or

(2) The individual holds a valid license as a CPA from any state that the NASBA National Qualification Appraisal Service has not verified to be in substantial equivalence with the CPA licensure requirements of the UAA, but the individual has obtained from the NASBA National Qualification Appraisal Service verification that the individual’s CPA qualifications are substantially equivalent to the CPA licensure requirements of the UAA. Any individual who passed the Uniform CPA Examination and holds a valid license issued by any state prior to January 1, 2012, may be exempted by the Board from the education requirement in section 5(c)(2) of the UAA for purposes of this section.

(c) Except as provided in this part, an individual granted practice privileges under this section, who offers or renders professional services, whether in person or by mail, telephone, or electronic means pursuant to this part, need not provide notice or other submission to any individual.

(d) An individual licensee of another state exercising the privilege afforded under this section and the firm that employs the licensee shall simultaneously consent, as a condition of the grant of the privilege, to the following:

(1) The personal and subject matter jurisdiction and disciplinary authority of the Board;

(2) Compliance with this part, the generally applicable provisions of this subchapter, and the Board’s rules;

(3) In the event the license from the state of the individual’s principal place of business is no longer valid, the cessation of the offering or rendering of professional services in the District, individually and on behalf of a firm; and

(4) The appointment of the state board that issued the license as the licensee’s agent upon whom process may be served in any action or proceeding by the Board against the licensee.

(e) An individual who has been granted practice privileges under this section, who performs any of the services listed in § 47-2853.41(1) and who performs the services for an entity with its home office in the District may only perform the services through a firm that has obtained a registration under § 47-2853.44.

(f) An individual who has been granted practice privileges under this section and who performs services for which a firm registration is required under subsection (e) of this section shall not be required to obtain a license under § 47-2853.42.

(g) A licensee of the District offering or rendering services or using their CPA title in a state shall be subject to disciplinary action in the District for an act committed in the state for which the licensee would be subject to discipline for the act committed in the state. The Board shall investigate any complaint made by a board of accountancy of a state.


(Dec. 2, 2011, D.C. Law 19-43, § 2(g), 58 DCR 8928; Apr. 15, 2017, D.C. Law 21-276, § 2(h), 64 DCR 955.)

Section References

This section is referenced in § 47-2853.41, § 47-2853.43, and § 47-2853.44.

Emergency Legislation

For temporary (90 day) repeal of section 3 of D.C. Law 19-43, see § 7010 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) repeal of section 3 of D.C. Law 19-43, see § 7010 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Editor's Notes

Section 3 of D.C. Law 19-43 provided: “Sec. 3. Applicability. This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.”

Section 3 of D.C. Law 19-43 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-43, § 3, was repealed by D.C. Law 19-168, § 7010.


Part B. Asbestos Workers.

§ 47–2853.51. Scope of practice for asbestos workers.

For the purposes of this part, an “asbestos worker” is someone licensed under this subchapter and by the federal government to abate asbestos and asbestos materials as defined in subchapter VI of Chapter 1 of Title 8.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.51.


§ 47–2853.52. Eligibility requirements.

An applicant for a license as an asbestos worker shall establish to the satisfaction of the Board of Industrial Trades that the applicant:

(1) Has successfully completed a course of instruction on asbestos abatement that has been approved by the Board; or

(2) Currently holds a valid license in asbestos abatement from the federal government; and

(3) Has provided such additional evidence as the Board or the federal government has determined is necessary for the occupation of asbestos worker.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.52.


§ 47–2853.53. Certain representations prohibited.

Unless licensed as an asbestos worker under this subchapter, no person shall use the term “asbestos worker” or hold himself or herself out, directly or indirectly, as qualified to abate asbestos or asbestos materials.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.53.


Part C. Architects.

§ 47–2853.61. Scope of practice for architects.

(a) For the purposes of this part, the term “Practice of architecture” means rendering or offering to render services in connection with the design and construction, enlargement, or alteration of a structure or group of structures that have as their principal purpose human occupancy or habitation, as well as the space within and surrounding these structures. These services include planning and providing studies, designs, drawings, specifications, and other technical submissions, and the administration of construction contracts. The practice of architecture does not include the practice of engineering, as defined in § 47-2853.131, although an architect may perform engineering work that is incidental to the practice of architecture.

(b) Nothing contained in this chapter shall be construed to prohibit a student, draftsman, or employee from engaging in the practice of architecture; provided, that the practice is performed under the responsible charge, as defined in [§ 47-2853.64(a)(4)], of a licensed architect.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 7, 2017, D.C. Law 21-249, § 2(d), 64 DCR 1629.)

Prior Codifications

1981 Ed., § 47-2853.61.


§ 47–2853.62. Eligibility requirements.

An applicant for a license as an architect shall establish to the satisfaction of the Board of Architecture, Interior Design, and Landscape Architecture that the applicant:

(1) Is of good moral character;

(2) Is a graduate of a degree program in architecture accredited by an accrediting institution prescribed by rule, or has completed an education program in architecture prescribed by rule as the equivalent of an accredited professional architectural degree program;

(3) Has passed an examination on the practice of architecture prescribed by rule; and

(4) Meets any other requirements established by rule to ensure that the applicant has had the proper training, experience, and qualifications to practice architecture.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 7, 2017, D.C. Law 21-249, § 2(e), 64 DCR 1629.)

Prior Codifications

1981 Ed., § 47-2853.62.


§ 47–2853.63. Certain representations prohibited.

Unless licensed to practice architecture under this subchapter, no person shall engage, directly or indirectly, in the practice of architecture in the District or use the title “architect,” “registered architect,” “licensed architect,” “architectural designer,” or display or use any words, letters, figures, titles, signs, cards, advertisements, or any other symbols or devices indicating, or tending to indicate, that the person is an architect or is practicing architecture.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.63.


§ 47–2853.64. Definitions.

(a) For the purposes of §§ 47-2853.65 through 47-2853.68, the term:

(1) "Professional design document" means any drawing, specification, report, request for information, construction and administration document, or contract that in any way calls for the professional services of an architect, interior designer, or landscape architect.

(2) "Professional design firm" means any firm, franchise, partnership, association, or corporation that is licensed to solicit and provide architecture, interior design, or landscape architecture services in the District.

(3) "Professional design services" means architecture, interior design, or landscape architecture services provided in the District.

(4) "Responsible charge" means direct control and personal supervision by a licensed architect, interior designer, or landscape architect in the provision of professional design services, including that the licensee personally makes professional design decisions or reviews and approves proposed decisions before their implementation, including consideration of alternatives whenever technical decisions are to be made, and judges the qualifications of technical specialists and the validity and applicability of their recommendations before the recommendations are incorporated in the work.


(Apr. 7, 2017, D.C. Law 21-249, § 2(f), 64 DCR 1629.)


§ 47–2853.65. Licensure of professional design firms.

(a) No firm, franchise, partnership, association, or corporation shall offer or perform professional design services in the District unless the entity has obtained a license from the Mayor as a professional design firm.

(b) No professional design firm license shall be issued to an applicant unless:

(1) The applicant is organized and exists pursuant to applicable District and federal laws;

(2) At least one partner, officer, shareholder, member, or manager is an architect, interior designer, or landscape architect licensed and in good standing in the District;

(3) Each member who performs professional design services in the District is licensed and in good standing in the District; and

(4) All professional design services solicited or provided by a professional design firm shall be under the responsible charge of a supervising architect, interior designer, or landscape architect who is licensed in the District; provided, that this provision shall not be construed to permit any licensed architect, interior designer, or landscape architect to practice or supervise the performance of services that are beyond the scope of those authorized by the license as established under [this subchapter].

(c) No person shall sign and stamp a professional design document on behalf of the professional design firm except an architect, interior designer, or landscape architect licensed in the District.

(d) A professional design firm licensed pursuant to this section may use the words "architect," "interior designer," or "landscape architect" or any other word, letter, figure, title, sign, card, advertisement, or symbol indicating that the professional design firm is authorized to solicit or provide professional design services in connection with its firm name.

(e) A licensed professional design firm shall notify the Board within 30 days after the admission or withdrawal of a member or shareholder from a professional design firm.

(f) The license of a professional design firm that is in noncompliance with the provisions of this section due to changes in ownership or personnel of the professional design firm shall be subject to suspension or revocation of its license.


(Apr. 7, 2017, D.C. Law 21-249, § 2(f), 64 DCR 1629.)


§ 47–2853.66. Offices; rules.

(a) Each professional design firm shall be under the responsible charge of at least one member who holds a valid license as an architect, interior designer, or landscape architect issued by the Mayor and who shall serve in that capacity at one office only.

(b) The Mayor, pursuant to [[subchapter I of Chapter 5 of Title 2]], shall issue rules to prescribe the licensure application procedures.


(Apr. 7, 2017, D.C. Law 21-249, § 2(f), 64 DCR 1629.)


§ 47–2853.67. License; issuance.

A license for a professional design firm shall be issued by the Mayor if the firm has furnished evidence satisfactory to the Board of compliance with the requirements for licensure or the renewal of licensure, whichever applies, as outlined in [this subchapter].


(Apr. 7, 2017, D.C. Law 21-249, § 2(f), 64 DCR 1629.)


§ 47–2853.68. Actions against firms.

(a) After notice and a hearing as provided for in [this subchapter], the Board shall suspend or revoke the license of a professional design firm found in noncompliance.

(b) After notice and hearing, where the Board determines that a professional design firm license or applicant has committed any of the acts described in [§ 47-2853.17] or violated any rules issued pursuant to that section, the Board may:

(1) Deny the application for an initial license or a renewal of licensure;

(2) Revoke or suspend the licensure of the professional design firm;

(3) Censure or reprimand the professional design firm; or

(4) Impose a civil fine not to exceed $50,000 for each violation.


(Apr. 7, 2017, D.C. Law 21-249, § 2(f), 64 DCR 1629.)


Part D. Barbers.

§ 47–2853.71. Scope of practice for barbers.

For the purposes of this part, the term “practice of barbering” means providing or offering to the general public for a fee any of the following services solely for cosmetic purposes: cutting, dressing, singeing, shampooing, styling, or similar work performed upon the face, hair, hairpiece, or wig of a person; shaving or trimming of facial hair of a person; or massaging or applying cosmetic preparations to the face, neck, or scalp of a person. The practice of barbering shall not include manicuring, electrolysis, or the braiding or weaving of hair.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.71.


§ 47–2853.72. Eligibility requirements.

An applicant for an occupational license as a barber shall establish to the satisfaction of the Board of Barber and Cosmetology that the applicant:

(1) Has passed the examination or examinations required by the Board; and

(2) Meets any other requirements established by rule to ensure that the applicant has had the proper training and is otherwise qualified to practice the occupation, manage a facility where such occupation is performed, own such a facility or teach the occupation.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.72.

Section References

This section is referenced in § 47-2853.12.


§ 47–2853.73. Certain representations prohibited.

Unless licensed under this subchapter, no person may use the term “barber” or imply that he or she is licensed to engage in the practice of barbering in the District.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.73.


Part D-i. Body Artists.

§ 47–2853.76a. Scope of practice for body artists.

For the purposes of this part, the practice of body art does not include:

(1) A licensed physician or surgeon performing body art services for medical reasons;

(2) A licensed funeral director performing body-piercing or tattooing services as required by that profession;

(3) Laser tattoo removal procedures; or

(4) Skin treatment procedures such as chemical peels or microdermabrasion.


(Oct. 23, 2012, D.C. Law 19-193, § 3(g), 59 DCR 10388.)


§ 47–2853.76b. Regulation of body artists.

(a) The Department of Consumer and Regulatory Affairs, through the Board of Barber and Cosmetology, shall regulate body artists to protect public health, safety, and welfare, and to ensure that persons engaged in the occupation have the specialized skills, education, and training required to perform the services offered by:

(1) Establishing and imposing occupational licensing, registration requirements, and associated fee schedules; and

(2) Establishing rules within 180 days of [October 23, 2012].


(Oct. 23, 2012, D.C. Law 19-193, § 3(g), 59 DCR 10388.)

Editor's Notes

This section was enacted as subsection (a), but has no subsection (b).


§ 47–2853.76c. Eligibility requirements.

(a) An applicant for licensure as a body artist shall establish to the satisfaction of the Board that he or she:

(1) Has received a certificate of completion of a course in blood borne pathogens, cardiopulmonary resuscitation, and first aid, conferred by an institution or organization that is recognized by the Board or that the Board determines to be substantially equivalent thereof;

(2) Has worked as an apprentice body artist, under the training of a body artist who has been licensed in the District of Columbia, for at least 500 hours;

(3) Has passed the examinations required by the Board;

(4) Has not had his or her license to practice body art procedures suspended or revoked in any other jurisdiction; and

(5) Meets any other requirements established by rule to ensure that the applicant has had the proper training and experience to perform body art procedures.

(b) Any person who can demonstrate to the satisfaction of the Board that he or she has worked as a body artist in the District or elsewhere for at least 4,000 hours over a period of 2 years immediately preceding the date of application, or has equivalent experience that is acceptable to the Board, is exempt from the requirement in subsection (a)(2) of this section.


(Oct. 23, 2012, D.C. Law 19-193, § 3(g), 59 DCR 10388.)


§ 47–2853.76d. Duties and responsibilities of body artists.

(a) Body art technicians shall perform body art procedures in a licensed body art establishment.

(b) Body art technicians shall use single-use disposable sharps, pigments, gloves, and cleansing products while performing body art procedures on each client.

(c) Verbal and written instructions for the care of the tattooed, pierced, or other modified sites on the body shall be provided by the body artist to each customer upon the completion of the procedure. The written instructions shall advise the customer to consult a physician at the first sign of infection or other adverse reaction and shall contain the name of the body artist and the name, address, and telephone number of the establishment.

(d) Any person who violates this section shall be subject to disciplinary action including license suspension or revocation and a maximum fine of $2,500.


(Oct. 23, 2012, D.C. Law 19-193, § 3(g), 59 DCR 10388.)


§ 47–2853.76e. Prohibitions and penalties.

(a) No person shall perform or offer to perform body art procedures, hold him or herself out as a practitioner of or entitled or authorized to practice body art procedures, assume any title of “body artist” “tattooist,” “tattoo artist,” “body-piercer,” “body-piercing artist,” or “body modification artist,” and the like, use any words or letters, figures, titles, signs, cards, advertisement, or any other symbols or devices indicating or tending to indicate that the person is authorized to perform such services, or use other letters or titles in connection with that person’s name which in any way represents himself or herself as being engaged in the practice of body art, or authorized to do so, unless the person is licensed by and registered with the Mayor to perform body art procedures in the District of Columbia.

(b) No body artist shall perform body art procedures on a person under 18 years of age, except ear piercing using a mechanized, pre-sterilized single-use stud and clasp ear piercing gun. Such ear piercing shall not occur unless a parent or legal guardian has provided his or her written consent.

(c) No person shall perform body art procedures if the person is unable to exercise reasonable care and safety or is otherwise impaired by reason of illness, while under the influence of alcohol, or while using any controlled substance or narcotic drug as defined in 21 U.S.C.§ 802(6) or (17), respectively, or other drug in excess of therapeutic amounts or without valid medical indication, or any combination thereof.

(d) No body artist shall administer anesthetic injections or other medications and prescription drugs to customers receiving body art procedures.

(e) Any person who violates this section shall, upon conviction, be deemed guilty of a misdemeanor and may be punished by a fine not exceeding $2,500, imprisonment for not more than 3 months, or both.


(Oct. 23, 2012, D.C. Law 19-193, § 3(g), 59 DCR 10388; Apr. 23, 2013, D.C. Law 19-271, § 2(b), 60 DCR 1727.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-271 deleted “subsection (a) of” preceding “this section” in (e).


Part E. Cosmetologists.

§ 47–2853.81. Scope of practice for cosmetologists.

For the purposes of this part, the term “practice of cosmetology” means providing or offering to the general public for a fee any of the following services solely for cosmetic purposes: bleaching, braiding, coloring, curling, cutting, dressing, eyebrow arching, the use of devices or chemicals to straighten, curl, or wave hair, shampooing, singeing, styling, weaving, or similar work performed upon the face, hair, hairpiece, or wig of a person; electrolysis; esthetics; and manicuring. The practice of cosmetology shall not include shaving or trimming the beard or moustache of a person.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.81.


§ 47–2853.82. Eligibility requirements.

An applicant for an occupational license as a cosmetologist, cosmetologist-manager, or cosmetologist-owner or any subcategory of specialty cosmetologist, shall establish to the satisfaction of the Board of Barber and Cosmetology that the applicant:

(1) Has passed the examination or examinations required by the Board; and

(2) Meets any other requirements established by rule to ensure that the applicant has had the proper training and is otherwise qualified to practice the occupation, manage a facility where such occupation is performed, own such a facility or teach the occupation.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.82.

Section References

This section is referenced in § 47-2853.12.


§ 47–2853.83. Certain representations prohibited.

Unless licensed under this subchapter, no person shall use the terms “cosmetologist,” “licensed cosmetologist,” “cosmetologist-manager,” “cosmetologist-owner,” or words describing any cosmetology specialty (“manicurist,” “braider,” etc.) that may be defined by the Board with the intent to imply that the person is authorized to perform such services in the District.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.83.


Part F. Electricians.

§ 47–2853.91. Scope of practice for electricians.

(a) For the purposes of this part, the term “electrician” means any person who designs, installs, maintains, alters, converts, changes, repairs, removes, or inspects electrical wiring, equipment, conductors, or systems in buildings or structures or on public and private space for the transmission, distribution, or use of electrical energy for power, heat, light, radio, television, signaling, communications, or any other purpose, except elevators, platform lifts, stairway chair lifts, manlifts, conveyors, escalators, dumbwaiters, material lifts, automated people movers, and other related conveyances.

(b) This part shall not apply to an elevator contractor or mechanic licensed under part F-i of this subchapter if the elevator contractor or mechanic is performing work incidental to work licensed under part F-i of this subchapter.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Mar. 3, 2010, D.C. Law 18-111, § 2151(d), 57 DCR 181.)

Prior Codifications

1981 Ed., § 47-2853.91.

Effect of Amendments

D.C. Law 18-111 rewrote the section, which had read as follows: “For the purposes of this part, the term ‘electrician’ means any person who designs, installs, maintains, alters, converts, changes, repairs, removes or inspects electrical wiring, equipment, conductors, or systems in buildings or structures or on public and private space for the transmission, distribution or use of electrical energy for power, heat, light, radio, television, signaling, communications or any other purpose.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2151(d) 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 § 2151(d) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).


§ 47–2853.92. Eligibility requirements.

(a) An applicant to be an apprentice electrician shall be registered by the Mayor, without examination, upon providing such information as may be required by the Board of Industrial Trades and payment of appropriate fees. An apprentice electrician shall work only under the direct personal supervision and control of a licensed master electrician or licensed master electrician specialist.

(b) Except as provided in subsection (b-1) of this subsection, an applicant for licensure as a journeyman electrician or a master electrician limited (low voltage) shall establish to the satisfaction of the Board of Industrial Trades that he or she has satisfactorily completed a class on Title 12C of the District of Columbia Municipal Regulations or equivalent code within 2 years prior to submittal of the application and has:

(1) Worked as an apprentice electrician for at least 8,000 hours over at least 4 years;

(2) Graduated from an accredited college or university with a degree in electrical engineering, and has at least 2 years of practical experience in electrical work, which has been certified by a licensed master electrician; or

(3) Has comparable experience or a combination of education and experience that the Board deems equivalent to the above; and

(4) Has supplied any additional evidence as the Board determines is necessary for the particular specialty license sought by the applicant.

(b-1)(1) The Board shall accept, in lieu of examination and the requirements set forth in subsection (b) of this section, a certificate from a national certifying organization certifying that the applicant for licensure as a journeyman electrician:

(A) Has passed the organization’s required examination;

(B) Is designated by the organization as a journeyman electrician; and

(C) Has not been disciplined or otherwise disqualified by the organization.

(2) For the purposes of this subsection, the term “national certifying organization” shall include a nationally recognized trade organization or labor union.

(c) An applicant for licensure as a master electrician shall establish to the satisfaction of the Board that the applicant has met the requirements of subsection (b) of this section and in addition has worked as a journeyman electrician for at least 4 years.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Mar. 3, 2010, D.C. Law 18-111, § 2151(e), 57 DCR 181; Feb. 24, 2012, D.C. Law 19-82, § 2(b), 58 DCR 11022.)

Prior Codifications

1981 Ed., § 47-2853.92.

Section References

This section is referenced in § 47-2853.12.

Effect of Amendments

D.C. Law 18-111 rewrote the lead-in text of subsec. (b), which had read as follows: “(b) An applicant for licensure as a journeyman electrician, a master electrician limited (low voltage), or a master electrician limited (elevator/escalator), shall establish to the satisfaction of the Board of Industrial Trades that he or she has satisfactorily completed a class on the National Electrical Code within two years prior to submittal of the application and has:”.

D.C. Law 19-82, in subsec. (b), substituted “Except as provided in subsection (b-1) of this subsection, an” for “An”; and added subsec. (b-1).

Emergency Legislation

For temporary (90 day) amendment of section, see § 2151(e) 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 § 2151(e) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).


§ 47–2853.93. Certain representations prohibited.

Unless licensed in accordance with this subchapter, no person shall use the words or terms “electrician,” “licensed electrician,” “master electrician,” or any words describing an electrician specialty authorized by the Board that imply that the person is authorized to perform the services of an electrician in the District.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.93.


Part F-i. Elevator Maintenance.

§ 47–2853.95. Scope of practice for elevator contractors, elevator mechanics, and elevator inspectors.

(a) For the purposes of this part, the term:

(1) “Elevator contractor” means any sole proprietor, firm, or corporation who, for compensation, engages in erecting, constructing, installing, altering, servicing, repairing, or performing tests of elevators, platform lifts, stairway chair lifts, manlifts, conveyors, escalators, dumbwaiters, material lifts, automated people movers, and other related conveyances.

(2) “Elevator mechanic” means any individual who engages in erecting, constructing, installing, altering, servicing, repairing, or testing elevators, platform lifts, stairway chair lifts, manlifts, conveyors, escalators, dumbwaiters, material lifts, automated people movers, and other related conveyances.

(3) “Elevator inspector” means any individual who engages in performing inspections of elevators, platform lifts, stairway chair lifts, manlifts, conveyors, escalators, dumbwaiters, material lifts, automated people movers, and other related conveyances.

(b) This part shall not apply to an electrician licensed under part F of this subchapter if the work performed by the electrician is work for which he or she is licensed to perform under part F of this subchapter.


(Mar. 3, 2010, D.C. Law 18-111, § 2151(f), 57 DCR 181.)

Emergency Legislation

For temporary (90 day) addition, see § 2151(f) 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 § 2151(f) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).


§ 47–2853.96. Eligibility requirements.

(a) An applicant for licensure as an elevator contractor shall establish to the satisfaction of the Board that the applicant:

(1) Has in his or her employ individuals licensed under this part who perform the work described by the applicant in the application;

(2) Has complied with the bonding and insurance requirements established by rule; and

(3) Meets any other requirements established by rule.

(b)(1) An applicant for licensure as an elevator mechanic shall establish to the satisfaction of the Board that the applicant:

(A) Has passed the examination required by the Board; and

(B) Meets any other requirements established by rule.

(2) Until rules are promulgated pursuant to paragraph (1) of this subsection, the Board may issue a 2-year license to an applicant who has:

(A) A certificate of completion of an apprenticeship program for elevator mechanic registered with the Bureau of Apprenticeship Training, U.S. Department of Labor, the District of Columbia Apprenticeship Council, or an equivalent state’s apprenticeship council;

(B) Worked as an elevator mechanic for 2 years in any combination of construction, maintenance, or repair without direct supervision and for an employer licensed to do business in the District, within the previous 3 years;

(C) A valid license from a state having standards substantially equal to those of the District; or

(D) Has passed the examination required by the Department of Consumer and Regulatory Affairs.

(c) An applicant for licensure as an elevator inspector shall establish to the satisfaction of the Board that the applicant:

(1) Meets the requirements of this subchapter;

(2) Meets the current ASME QEI-1, Standards for the Qualifications of Elevator Inspectors, or equivalent; and

(3) Meets any other requirement established by rule.


(Mar. 3, 2010, D.C. Law 18-111, § 2151(f), 57 DCR 181.)

Emergency Legislation

For temporary (90 day) addition, see § 2151(f) 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 § 2151(f) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).


§ 47–2853.97. Certain representations prohibited.

Unless licensed in accordance with this part, no person shall use the words or terms “elevator contractor,” “elevator mechanic,” “licensed elevator contractor,” “licensed elevator mechanic,” “elevator inspector,” “licensed elevator inspector,” or any words describing an elevator specialty licensed by the Board to imply that the person is authorized to perform the services of an elevator contractor, elevator mechanic, or elevator inspector in the District.


(Mar. 3, 2010, D.C. Law 18-111, § 2151(f), 57 DCR 181.)

Emergency Legislation

For temporary (90 day) addition, see § 2151(f) 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 § 2151(f) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).


§ 47–2853.98. Temporary license.

In the event of emergency circumstances, the Board may, pursuant to rule, issue a temporary license for a period not to exceed 30 days.


(Mar. 3, 2010, D.C. Law 18-111, § 2151(f), 57 DCR 181.)

Emergency Legislation

For temporary (90 day) addition, see § 2151(f) 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 § 2151(f) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).


§ 47–2853.99. Fees; rules.

(a) Notwithstanding any other provisions of this subchapter, including sections 47-2853.10 and 47-2853.11:

(1)(A) The fee for the issuance, renewal, or reinstatement of a license under this part shall be $260; provided, that this fee shall not apply to elevator mechanics employed by the Washington Metropolitan Area Transit Authority.

(B) Application fees paid under this section shall not be refundable, even if the applicant withdraws his or her application for licensure, certification, or registration, or is found to be not qualified.

(2)(A) All fees collected under this part shall be deposited in the General Fund of the District of Columbia.

(b) On or before December 31, 2009, the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of this part.


(Mar. 3, 2010, D.C. Law 18-111, § 2151(f), 57 DCR 181.)

Emergency Legislation

For temporary (90 day) addition, see § 2151(f) 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 § 2151(f) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).


Part G. Interior Designers.

§ 47–2853.101. Scope of practice for interior designers.

For the purposes of this part, the term “practice of interior design” means providing or offering to provide consultations, preliminary studies, drawings, specifications, or any related service for the design analysis, programming, space planning, or aesthetic planning of the interior of buildings, using specialized knowledge of interior construction, building systems and components, building codes, fire and safety codes, equipment, materials, and furnishings, in a manner that will protect and enhance the health, safety, and welfare of the public whether one or all of these services are performed either in person or as the directing head of an organization.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.101.


§ 47–2853.102. Eligibility requirements.

An applicant for licensure as an interior designer shall establish to the satisfaction of the Board of Architecture, Interior Design, and Landscape Architecture that he or she:

(1) Has passed the examination required by this subchapter; and

(2) Meets any other requirements established by the Mayor by rule.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 7, 2017, D.C. Law 21-249, § 2(g), 64 DCR 1629.)

Prior Codifications

1981 Ed., § 47-2853.102.


§ 47–2853.103. Certain representations prohibited.

(a) It shall be unlawful for any person who is not licensed as an interior designer to engage in the practice of interior design, to advertise as an interior designer, to use the title of “interior designer” or any other words, letters, figures, or other device for the purpose of implying, directly or indirectly, that the person is an interior designer.

(b) No company, partnership, association, corporation, or other similar organization shall use the title of “interior designer” unless interior design services rendered by or on behalf of the organization are in the responsible charge of a licensed interior designer.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.103.


Part H. Land Surveyors.

§ 47–2853.111. Scope of practice for land surveyors.

For the purposes of this part, the term “practice of land surveying” means providing professional services including consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling and interpreting reliable scientific measurements and information relative to the location, size, shape or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.111.


§ 47–2853.112. Eligibility requirements.

An applicant for licensure as a land surveyor shall establish to the satisfaction of the Board of Professional Engineers that the applicant:

(1) Is of good character and reputation;

(2) Is a graduate of an accredited college or university with a degree in land surveying or other relevant curriculum, or has a combination of formal education and experience, that is acceptable to the Board;

(3) Has passed an examination on the principles and practice of land surveying prescribed by rule or has passed any other examination issued by a national certifying organization or state that is acceptable to the Board; and

(4) Meets any other requirements established by rule to ensure that the applicant has had the proper training, experience, and qualifications to practice as a professional land surveyor.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.112.


§ 47–2853.113. Interns.

The Board of Professional Engineering may also provide, by regulation, for the registration or licensure of an applicant as a land surveyor in training who meets such standards as the Board shall establish.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.113.


§ 47–2853.114. Certain representations prohibited.

Unless licensed in accordance with this subchapter, no person shall use the words or terms “land surveyor”, or “licensed land surveyor,” or any words for the purpose of implying that the person is authorized to perform the services of a land surveyor in the District.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.114.


PART H-i. Landscape Architects.

§ 47–2853.116. Scope of practice for landscape architects.

(a) For the purpose of [this part], the term "practice of landscape architecture" means rendering or offering to render services, including consultation, evaluation, planning, and preparation of studies, designs, specifications, and other technical submissions, in connection with the development of land areas where, and to the extent that the dominant purpose of such services is preservation, enhancement, or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings, approaches or environment for structures or other improvements, grading and drainage and the consideration and determination of inherent problems of the land relating to the erosion, wear and tear, blight or other hazards, and the administration of contracts relative to projects principally directed at the functional and aesthetic use of land, and the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this section. The term "practice of landscape architecture" does not include the design of structures or facilities with separate and self-contained purposes such as are ordinarily included in the practice of engineering or architecture or the making of land surveys or final land plats for official approval or recording.

(b) This section shall not be construed to restrict or otherwise affect the right of any architect, professional engineer, land surveyor, nurseryman, landscape designer, landscape contractor, land planner, community planner, landscape gardener, golf course designer, turf maintenance specialist, irrigation designer, horticulturist, arborist, or any other similar person from engaging in their occupation or the practice of their profession or from rendering any service in connection their occupation or profession.


(Apr. 7, 2017, D.C. Law 21-249, § 2(h), 64 DCR 1629.)


§ 47–2853.117. Eligibility requirements.

An applicant for a license as a landscape architect shall establish to the satisfaction of the Board of Architecture, Interior Design, and Landscape Architecture that the applicant:

(1) Is of good moral character;

(2) Is a graduate of a degree program in landscape architecture accredited by an accrediting institution, as prescribed by rule, or has completed an education program in landscape architecture, as prescribed by rule, that is the equivalent of an accredited landscape architectural degree program; and

(3)(A) Has passed examination on the practice of landscape architecture, as prescribed by rule;

(B) Meets any other requirements prescribed by rule that demonstrate to the Board that the applicant has the proper training, experience, knowledge, and qualification to practice landscape architecture; or

(C) Meets the requirement of subsection (1) of this section and holds a valid license to practice landscape architecture issued by another state or territory of the United States if the Board determines the criteria for issuance of such license are substantially identical to the licensure criteria prescribed by the District of Columbia in this act [this part] or rules pursuant to this act [this part] at time of application.


(Apr. 7, 2017, D.C. Law 21-249, § 2(h), 64 DCR 1629.)


§ 47–2853.118. Prohibited conduct and representations.

Unless licensed to practice landscape architecture under [this subchapter], no person shall engage, directly or indirectly, in the practice of landscape architecture in the District or use the title "professional landscape architect," "landscape architect," or "registered landscape architect" or display or use any words, letters, figures, titles, signs, cards, advertisements, or any other symbols or devices indicating, or tending to indicate, that the person is a landscape architect or is practicing landscape architecture.


(Apr. 7, 2017, D.C. Law 21-249, § 2(h), 64 DCR 1629.)


Part I. Plumbers or Gasfitters.

§ 47–2853.121. Scope of practice for plumbers or gasfitters.

(a) For the purposes of this part, the term “plumber” means any person who designs, installs, repairs or removes plumbing fixtures intended to receive and discharge water, liquid, or water-carried wastes into the drainage system with which they are connected; or who introduces, maintains or extends a supply of water through a pipe or pipes, or any appurtenance thereof, in any building, lot premises, or establishment; or who connects or repairs any system of drainage whereby foul, waste, or surplus water, sewer gases, vapor or other fluid is discharged or proposed to be discharged through a pipe or pipes from any building, lot, premises or establishment into any public or house sewer, drain, pit, box filter bed or other receptacle or into any natural or artificial watercourse flowing through public or private property; or who ventilates any building, sewer or fixture or appurtenance connected therewith; or who excavates any public or private street, highway, road, court, alley or space for the purpose of connecting any building, lot, premises, or establishment with any service pipe, house sewer, public water main, private water main, public sewer, private sewer, subway, conduit, or other underground structure.

(b) For the purposes of this part, the term “gasfitter” means any person who designs, fabricates, installs, tests or operates any nonindustrial type of gas appliance and piping system from the outlet of the meter set assembly, or from the outlet of the service regulator when a meter is not provided, to the inlet connections of appliances, for fuel gases such as natural gas, manufactured gas, undiluted liquefied petroleum gas, liquefied petroleum gas-air mixtures or mixtures of any of these gases; or who introduces, maintains or extends a supply of a gas through a pipe or pipes, or any appurtenance thereof, in any building, lot premises, or establishment; or who ventilates any fixture or appurtenance connected therewith; or who excavates any public or private street, highway, road, court, alley or space for the purpose of connecting any building, lot, premises, or establishment with any service pipe.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.121.


§ 47–2853.122. Eligibility requirements.

(a) An applicant to be an apprentice plumber shall be registered by the Mayor, without examination, upon providing such information as may be required by the Board of Industrial Trades and payment of appropriate fees. An apprentice plumber shall work only under the direct personal supervision and control of a licensed master plumber/gasfitter or master gasfitter.

(b) An applicant for licensure as a journeyman plumber or journeyman gasfitter shall establish to the satisfaction of the Board of Industrial Trades that the applicant has:

(1) Worked as an apprentice plumber or gasfitter for at least 8,000 hours over at least 4 years;

(2) Graduated from an accredited college or university with a degree in mechanical engineering, and has at least 2 years of practical experience as a plumber or gasfitter as verified by a licensed master plumber or licensed master gasfitter; or

(3) Has comparable experience or a combination of education and experience that the Board deems equivalent to the above; and

(4) Such additional evidence as the Board determines is necessary for the particular specialty license sought by the applicant.

(b-1)(1) The Board shall accept, in lieu of examination and the requirements set forth in subsection (b) of this section, a certificate from a national certifying organization certifying that the applicant:

(A) Has completed the organization’s apprenticeship program;

(B) Has passed the organization’s required examination;

(C) Is designated by that organization as a journeyman plumber or journeyman gasfitter; and

(D) Has not been disciplined or otherwise disqualified by the organization.

(2) For the purposes of this subsection, the term “national certifying organization” shall include a nationally recognized trade organization, non-union sponsor, or labor union that is registered with the Bureau of Apprenticeship Training, the United States Department of Labor, or the District of Columbia Apprenticeship Council.

(c) An applicant for licensure as a master plumber/gasfitter or master gasfitter shall establish to the satisfaction of the Board that the applicant has a valid license as a journeyman plumber or gasfitter, or has met the requirements of subsection (b) of this section, and has worked as a journeyman plumber or journeyman gasfitter for at least 4 years.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 23, 2013, D.C. Law 19-274, § 2(b), 60 DCR 2055.)

Prior Codifications

1981 Ed., § 47-2853.122.

Section References

This section is referenced in § 47-2853.12.

Effect of Amendments

The 2013 amendment by D.C. Law 19-274 added (b-1).


§ 47–2853.123. Certain representations prohibited.

Unless licensed in accordance with this subchapter, no person may use the words or terms “plumber,” “licensed plumber,” “journeyman plumber,” “journeyman gasfitter,” “master plumber,” or “master gasfitter,” or any combination of such words to imply that the person is authorized to perform the services of plumber or gasfitter in the District.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.123.


Part J. Professional Engineers.

§ 47–2853.131. Scope of practice for engineers.

For the purposes of this part, the term “practice of engineering” means the application of special knowledge of the mathematical, physical and engineering sciences and the methods of engineering analysis and design in the performance of services and creative work including consultation, investigation, expert technical testimony, evaluation, planning, design and design coordination of engineering works and systems, planning the use of land and water, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products, or equipment of a control systems, communications, mechanical, electrical, hydraulic, pneumatic, or thermal nature, that may involve safeguarding life, health, or property, and including such other professional services as may be necessary to the planning, progress, and completion of any engineering services.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.131.

Section References

This section is referenced in § 47-2853.61.


§ 47–2853.132. Eligibility requirements.

(a) An applicant for licensure as a professional engineer shall establish to the satisfaction of the Board of Professional Engineers that the applicant:

(1) Is of good character and reputation;

(2) Is a graduate of an accredited college or university with a degree in engineering based on a four year curriculum in engineering that is acceptable to the Board;

(3) Has passed an examination on the principles and practice of engineering prescribed by rule or has passed any other examination issued by a national certifying organization or state that is acceptable to the Board; and

(4) Meets any other requirements established by rule to ensure that the applicant has had the proper training, experience, and qualifications to practice as a professional engineer.

(b) The Board of Professional Engineering may also provide, by regulation, for the registration or licensure of an applicant as an engineer-in-training who meets such standards as the Board shall establish.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.132.


§ 47–2853.133. Certain representations prohibited.

Unless licensed to practice engineering under this subchapter, no person shall engage directly or indirectly in the practice of engineering in the District or use the title “engineer”, “registered engineer”, “engineering design”, “professional engineer” or display or use any words or letters, figures, titles, signs, cards, advertisement or any other symbols or devices indicating or tending to indicate that the person is an engineer or is practicing engineering.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.133.


Part K. Property Managers.

§ 47–2853.141. Scope of practice for property managers.

For the purposes of this part, the term “property manager” means an agent for the owner of real estate in all matters pertaining to property management as defined in this subchapter, which are under his or her direction, and who is paid a commission, fee, or other valuable consideration for his or her services. A property manager may employ resident managers. The property manager shall be held accountable for the day-to-day job-related activities of the property manager’s employees. The property manager shall not perform any activities that relate to listing for sale, offering for sale, buying or offering to buy, negotiating the purchase, sale, or exchange of real estate, or negotiating a loan on real estate for a fee, commission, or other valuable consideration.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.141.

Section References

This section is referenced in § 8-2201.


§ 47–2853.142. Eligibility requirements.

(a) An applicant for licensure as a property manager shall establish to the satisfaction of the Board of Real Estate that the applicant:

(1) Is able to read, write, and understand the English language;

(2) Has passed an examination or examinations given by or under the direction of the Board, or any other examination acceptable to the Board;

(3) Is a high school graduate or the holder of a high school equivalency certificate;

(4) Has not had an application for a property manager’s license denied, for reasons other than failure to pass the required examination or examinations, in the District or elsewhere within one year prior to the date on which the application is filed;

(5) Has not had a property manager’s license suspended in the District or elsewhere which suspension is still in effect on the date on which the application is filed; and

(6) Has not had a property manager’s license revoked in the District or elsewhere within 3 years prior to the date on which his or her application is filed.

(b) Persons licensed as real estate brokers in the District are deemed to have satisfied the educational and examination requirements for licensure as property managers, but shall be required to satisfy all other requirements as set forth in this subchapter.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.142.


§ 47–2853.143. Certain representations prohibited.

Unless licensed under this subchapter, no person shall use the term or words “property manager” to imply that he or she is licensed as a property manager in the District.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.143.


Part L. Real Estate Appraisers.

§ 47–2853.151. Scope of practice for real estate appraisers.

For the purposes of this part, the term “real estate appraiser” means any person who renders or offers to render professional services to persons, groups, or organizations in the act or process of estimating the value of real property and real estate.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(i), 53 DCR 4718.)

Prior Codifications

1981 Ed., § 47-2853.151.

Effect of Amendments

D.C. Law 16-130 substituted “value of real property and real estate” for “value of real estate”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(j) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).

Temporary Legislation

Section 2(j) of D.C. Law 16-101 substituted “real property and real estate” for “real estate”.

Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect.


§ 47–2853.152. Eligibility requirements.

(a) The Board shall establish, by rule, the education, experience, and examination requirements that individuals must meet or exceed to obtain licensure, certification, or registration as an appraiser trainee, a licensed residential real property appraiser, a certified residential real property appraiser, or a certified general real property appraiser.

(b) The licensure requirements established by the Board shall meet or exceed any applicable federal requirements that are necessary for the federal financial institution’s regulatory agencies to recognize and accept licenses for licensed residential real estate appraisers, certified residential real estate appraisers, and certified general real estate appraisers licensed by the Board. If the federal requirements change and the rules of the Board do not satisfy the minimum federal standards, the federal standards established by the Appraisal Qualifications Board and the Appraisal Standards Board of the Appraisal Foundation when reviewing an application for licensure, certification, or registration shall apply until the Board’s rules satisfy minimum federal standards.

(c) The Board shall establish, by rule, the requirements that individuals licensed in jurisdictions other than the District of Columbia as a certified residential real property appraiser or a certified general real property appraiser must satisfy to obtain a temporary license from the Board. The Board’s requirements shall comply with applicable federal law, but the Mayor may require the applicant to pay a license fee to the Department and may place restrictions on the temporary license.

(d) The Board shall establish rules governing the supervision of appraiser trainees, the definition and enforcement of standards of professional appraiser practice, and the disposition of complaints from any person or from any federal agency or instrumentality regarding improper appraiser conduct.

(e) The Board shall establish, by rule, continuing education requirements necessary for renewal or reinstatement of any license, certification, or registration that meet or exceed the continuing education requirements established under the authority of federal law.

(f) The Board may establish, by rule, practice requirements or standards. The Board may enforce requirements or standards established under federal law.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(j), 53 DCR 4718; Mar. 25, 2009, D.C. Law 17-353, §§ 118, 180, 56 DCR 1117.)

Prior Codifications

1981 Ed., § 47-2853.152.

Effect of Amendments

D.C. Law 16-130 rewrote the section.

D.C. Law 17-353, in subsec. (b), substituted “registration shall apply until the Board’s rules” for “registration until the Board rules”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(k) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).

Temporary Legislation

Section 2(k) of D.C. Law 16-101 amended this section to read as follows:

§ 47-2853.152. Eligibility requirements.

“(a) The Board shall establish by regulation the education, experience, and examination requirements that individuals must meet or exceed as conditions for obtaining licensure, certification, or registration as an appraiser trainee, a licensed residential real property appraiser, a certified residential real property appraiser, or a certified general real property appraiser.

“(b) The licensure requirements established by the Board shall comply with this part and shall meet or exceed any applicable federal requirements that are necessary in order that the federal financial institution’s regulatory agencies recognize and accept licenses for licensed residential real estate appraisers, certified residential real estate appraisers, and certified general real estate appraisers issued by the Board. If the federal requirements change and the Board’s regulations do not meet the minimum federal standards, the Board may substitute the federal standards established by the Appraisal Qualifications Board and the Appraisal Standards Board of the Appraisal Foundation when reviewing an application for licensure, certification, or registration until the Board is able to amend its regulations.

“(c) The Board shall establish by regulation the requirements that individuals licensed in jurisdictions other than the District of Columbia as a certified residential real property appraiser or a certified general real property appraiser must satisfy prior to obtaining a temporary license from the Board. The Board’s requirements shall comply with applicable federal law, but the Mayor may require the applicant to pay a license fee to the Department and may place restrictions on the validity of the temporary license.

“(d) The Board shall establish by regulation provisions for the supervision of appraiser trainees, provisions for defining and enforcing the standards of professional appraiser practice, and provisions for the disposition of complaints from any person or from any federal agency or instrumentality regarding improper appraiser conduct.

“(e) The Board shall establish continuing education requirements necessary for renewal or reinstatement of any license, certification, or registration that meet or exceed the continuing education requirements established under the authority of federal law.

“(f) By regulation, the Board may establish and enforce practice requirements or standards pursuant to District law and may enforce practice requirements or standards established under the authority of federal law.”

Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect.


§ 47–2853.153. Certain representations prohibited.

(a) It shall be unlawful for any person in the District to directly or indirectly engage in, advertise, conduct the business of, or act in any capacity as a licensed or certified real estate appraiser or use any title, designation, or abbreviation likely to create the impression of licensure by the District as a real property appraiser for compensation within the District without first obtaining a license as provided in this subchapter.

(b) Any person certified as a real property or real estate appraiser by an appraisal trade organization shall retain the right to use the term “certified” or any similar term in identifying himself or herself to the public, provided that in each instance that the term is used, the name of the certifying organization or body is prominently and conspicuously displayed immediately adjacent to the term and that the use of the term “certified” does not create the impression of licensure by the District.

(c) Nothing in this subchapter shall abridge, infringe upon, or otherwise restrict the right to use the term “certified assessor” or any similar term by any person certified by the Office of Tax and Revenue to perform ad valorem tax appraisal, provided that the term is not used in a manner that creates the impression of licensure or certification by the District to perform real estate or real property appraisals other than for ad valorem tax purposes.

(d) No license shall be issued under the provisions of this subchapter to a partnership, association, corporation, firm, or group, nor shall the term “certified real estate appraiser” or any similar term be used following or immediately in connection with the name of a partnership, association, corporation, or other firm or group or in a manner that might create the impression of licensure or certification by the District as a real estate appraiser. Nothing in this subsection shall be construed to preclude a licensed real estate appraiser from rendering an appraisal for or on behalf of a partnership, association, corporation, firm, or group, provided that the appraisal report is prepared by, or under the immediate personal direction of the licensed real estate appraiser.

(e) Any person who is not licensed or certified under this part may assist a licensed or certified real estate appraiser in the performance of an appraisal if he or she registers with the Board as an appraiser trainee, complies with the registration and practice requirements established by the Board, by rule, and is actively and personally supervised by the licensed or certified real estate appraiser. An appraisal report rendered in connection with the appraisal and drafted by the appraisal trainee shall be reviewed and signed by the licensed or certified real estate appraiser.

(f) It shall be unlawful for any person who performs an appraisal of real estate located in the District to describe or refer to the appraisal by the term “certified” or any similar term unless the person has first been licensed by the Board under the provisions of this subchapter. Nothing in this subchapter shall require a licensed real estate appraiser to render a “certified” real estate appraisal when performing an appraisal assignment. If a licensee or appraiser trainee performs a real estate appraisal that is not represented as being “certified”, the appraiser shall clearly inform the person to whom the appraisal report is given and prominently disclose on the appraisal report that the appraisal is not a “certified” real estate appraisal.

(g) Nothing herein shall be construed to prohibit a real estate broker or salesperson, in the ordinary course of business, from giving an opinion of the price of real estate for the purpose of a prospective listing or sale, if the opinion of the price does not refer to or cannot be construed as an appraisal.

(h) Nothing herein shall be construed to prohibit persons who determine the value of items other than real estate from using the term “appraiser” if they do not hold themselves out or imply that they are authorized to appraise real estate or real property.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(k), 53 DCR 4718.)

Prior Codifications

1981 Ed., § 47-2853.153.

Effect of Amendments

D.C. Law 16-130, in subsec. (a), deleted “or certification” following “licensure” and deleted “or certificate” following “license”; in subsec. (b), deleted “or certification” following “licensure” and substituted “real property or real estate” for “real estate” and “and that the use of the term ‘certified’ does” for “and that the use of the term does”; in subsec. (c), substituted “perform real estate or real property” for “perform real estate”; in subsec. (d), deleted “or certified” following “licensed” and “or certificate” following “license”; rewrote subsec. (e); in subsec. (f), deleted “or certified” following “licensed” and substituted “If a licensee or appraiser trainee” for “If a licensed or certified real estate appraiser”; and, in subsec. (h), substituted “appraise real estate or real property” for “appraise real estate”. Prior to amendment, subsec. (e) read as follows: “(e) Any person who is not licensed or certified under this subchapter may assist a licensed or certified real estate appraiser in the performance of an appraisal, if he or she is actively and personally supervised by the licensed or certified real estate appraiser and that any appraisal report rendered in connection with the appraisal is reviewed and signed by the licensed or certified real estate appraiser.”

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(l) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).

For temporary (90 day) addition of section, see § 2(m) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).

Temporary Legislation

Section 2(l) of D.C. Law 16-101, in subsec. (a), deleted “or certification” and “or certificate”; in subsec. (b), substituted “real property or real estate” for “real estate”, substituted “use of the term ‘certified”’ for “use of the term”, and deleted “or certification”; in subsec. (c), substituted “real estate or real property” for “real estate”; in subsec. (d), deleted “or certificate” and “or certified”; in subsec. (f), deleted “or certified”, and substituted “If a licensee or appraiser trainee” for “If a licensed or certified real estate appraiser”; in subsec. (h), substituted “real estate or real property” for “real estate”; and amended subsec. (e) to read as follows:

“(e) Any person who is not licensed or certified under this subchapter may assist a licensed or certified real estate appraiser in the performance of an appraisal, if he or she registers with the Board as a Appraiser Trainee, complies with the registration and practice requirements established by the Board by regulation, and is actively and personally supervised by the licensed or certified real estate appraiser. Any appraisal report rendered in connection with the appraisal and drafted by the appraisal trainee shall be reviewed and signed by the licensed or certified real estate appraiser.”

Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect.


§ 47–2853.154. Appraisal Education Fund.

(a) There is established a fund designated as the Appraisal Education Fund (“Fund”), which shall be separate from the General Fund of the District of Columbia. All funds obtained from an appraisal education fund fee to be established by the Mayor (which shall be in addition to licensing and renewal fees established by the Mayor) and civil penalties imposed by the Board or the Office of Administrative Hearings pursuant to this part, and all interest earned on those funds, shall be deposited into the Fund without regard to fiscal year limitation pursuant to an act of Congress and used solely to pay the costs of operating and maintaining the Fund. All funds, interest, and other amounts deposited into the Fund shall not be transferred or revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall continually be available for the uses and purposes set forth in this section, subject to authorization by Congress in an appropriations act.

(b)(1) The funds deposited in the Fund shall be used by the Board for the purpose of raising the standards of practice and the competency of licensees by:

(A) Promoting the advancement of education and research for the benefit of any licensee under this part;

(B) Underwriting educational seminars, workshops, and any other similar form of educational project for the benefit of any licensee under this part; and

(C) Contracting for particular education or other projects intended to further the purposes of this part.

(2) The funds deposited in the Fund shall also be used by the Board to defray the expenses to discharge the administrative and regulatory duties as prescribed by this part.

(c) The Board may establish minimum and maximum balances for the Fund, procedures for continuing and discontinuing assessing licensees, and rules for the implementation and operation of the Fund.

(d) If a licensee fails to pay the appraisal education fee within the time prescribed by rule, his or her license shall be automatically suspended. The Board shall send a notice of the suspension, by certified mail, to the address of record within 5 days after the suspension. The license shall be restored only upon the actual receipt by the Mayor of the delinquent fee.


(June 16, 2006, D.C. Law 16-130, § 2(l), 53 DCR 4718.)

Temporary Legislation

Section 2(m) of D.C. Law 16-101 added provisions to read as follows:

§ 47-2853.154. Appraisal Education Fund.

“(a) There is established a fund designated as the Appraisal Education Fund (‘Fund’), which shall be separate from the General Fund of the District of Columbia and shall be used by the Board for the purpose of raising the standards of practice and the competency of licensees and certificate holders by:

“(1) Promoting the advancement of education and research for the benefit of any person issued a license or certificate under this chapter;

“(2) Underwriting educational seminars, workshops, and any other similar form of educational project for the benefit of any person issued a license or certificate under this chapter;

“(3) Contracting for particular education or other projects intended to further the purposes of this chapter; and

“(4) Defraying the expenses to discharge the administrative and regulatory duties as prescribed by this part; provided, that the Fund shall not be used to discharge the administrative and regulatory duties of any other District government agency, board, or commission, and shall be used solely to carry out the functions of this part.

“(b) No revenues deposited into this continuing, nonlapsing fund may be obligated or spent in any year without a Congressional appropriation. Revenues in this continuing, nonlapsing special account that are carried over into a succeeding fiscal year may not be obligated or spent in the succeeding year without a new Congressional appropriation that permits such obligation or expenditure.

“(c) Any person issued or renewing a license under this chapter shall pay, in addition to licensing and renewal fees established by the Mayor, a sum to be established by the Mayor for deposit into the Fund.

“(d) Any civil penalties imposed by the Board or the Office of Administrative Hearings pursuant to this chapter shall be deposited in the Fund.

“(e) The Board may, by regulation, establish minimum and maximum balances for the Fund, procedures for continuing and discontinuing assessing licensees, and other provisions relevant to the operation of the Fund.

“(f) If a licensee fails to pay the amount assessed by the Mayor within the time prescribed by rule, his or her license shall be automatically suspended. The Board shall send a notice of the suspension, by certified mail, to the address of record within 5 days after the suspension. The license shall be restored only upon the actual receipt by the Mayor of the delinquent assessment.

“(g) The Fund shall be continuing. Revenues deposited into the Fund shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this subchapter, subject to authorization by Congress in an appropriations act.”

Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect.


Part M. Real Estate Brokers.

§ 47–2853.161. Scope of practice for real estate brokers.

For the purposes of this part, the term “real estate broker” means any person, firm, association, partnership, or corporation (domestic or foreign) which:

(1) For a fee, commission, or other valuable consideration, lists for sale, or sells, exchanges, purchases, rents, or leases real property. A real estate broker may collect or offer to collect rent or income for the use of real estate, or negotiate a loan secured by a mortgage, deed of trust, or other encumbrance upon the transfer of real estate. A real estate broker may also engage in the business of erecting housing for sale and may sell or offer to sell that housing, or who as owner may sell or, through solicitation or advertising, offer to sell or negotiate the sale of any lot in any subdivision of land comprising 5 lots or more. This definition shall not apply to the sale of space for the advertising of real estate in any newspaper, magazine, or other publication; and

(2) May employ real estate brokers, associate real estate brokers, real estate salespersons, property managers and resident managers. The real estate broker shall be held accountable for the day-to-day job-related activities of his or her employees. These activities include, but are not limited to, property management, leasing or renting of property, listing for sale, buying or negotiating the purchase or sale, or exchanging real estate or negotiating a loan on real property.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.161.


§ 47–2853.162. Eligibility requirements.

An applicant for licensure as a real estate broker shall establish to the satisfaction of the Board of Real Estate that the applicant:

(1) Meets all of the requirements for real estate salesperson under part N of this subchapter; and

(2) Has been licensed and actively engaged in business as a real estate broker or salesperson in the District or elsewhere the 2 years immediately preceding the date on which the application for a real estate broker license is filed, or equivalent experience acceptable to the Board.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.162.


§ 47–2853.163. Certain representations prohibited.

Unless licensed under this subchapter, no person shall assume or use the title or designation “real estate broker”, the abbreviation “R.E.B.”, or any other title designation, words, letters, abbreviations, sign, card, or device tending to indicate that the person is licensed as a real estate broker in the District.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.163.


Part N. Real Estate Salespersons.

§ 47–2853.171. Scope of practice for real estate salespersons.

For the purposes of this part, the term “real estate salesperson” means any person employed by a licensed real estate broker to manage or lease; rent or offer to lease or rent; list for sale, sell, or offer for sale; buy or offer to buy; negotiate the purchase or sale, or exchange of real estate; or to negotiate a loan on real estate.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.171.


§ 47–2853.172. Eligibility requirements.

An applicant for licensure as a real estate broker shall establish to the satisfaction of the Board of Real Estate that the applicant:

(1) Is able to read, write, and understand the English language;

(2) Is a high school graduate or the holder of a high school equivalency certificate;

(3) Has successfully completed a course of study prescribed by the Board at a school approved by the Board;

(4) Has passed an examination or examinations given by or under direction of the Board or has passed any other examination acceptable to the Board;

(5) Has not had an application for a real estate license denied, for reasons other than failure to pass the required examination or examinations, in the District or elsewhere within one year prior to the date on which the application is filed;

(6) Has not had a real estate license suspended in the District or elsewhere, which suspension is still in effect on the date on which the application is filed; and

(7) Has not had a real estate license revoked in the District or elsewhere within 3 years prior to the date on which his or her application is filed.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.172.


§ 47–2853.173. Certain representations prohibited.

Unless licensed under this subchapter, no person shall assume or use the title or designation “real estate salesperson”, the abbreviation “R.E.S.”, or any other title designation, words, letters, abbreviations, sign, card, or device tending to indicate that the person is licensed as a real estate salesperson unless the person is licensed as a real estate salesperson in the District.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.173.


Part O. Special Rules for Real Estate Brokers, Real Estate Salespersons, and Property Managers.

§ 47–2853.181. Exemptions from licensure requirement.

Except as otherwise provided in this subchapter, nothing contained in this part shall be construed to apply to:

(1) Receivers, referees, administrators, executors, guardians, conservators, trustees, or other persons appointed or acting under the judgment or order of any court while acting in that capacity, or attorneys-at-law in the ordinary practice of their profession, but these persons shall not be regularly engaged in the real estate business and shall not hold themselves out as real estate brokers, salespersons or property managers;

(2) Any individual who, as an owner or lessor of real estate, shall perform any of the acts specified in this subsection, where the acts are performed in the regular course of, or incident to, the management of real estate, business and the investments therein owned by that individual;

(3) Any trustee or auctioneer acting under authority of a power of sale in a mortgage, deed of trust, or similar instrument securing the payment of a bona fide debt;

(4) Except for title companies, any bank, trust company, building and loan or savings and loan association, or insurance company, having a fiduciary interest such as a receiver, referee, administrator, executor, guardian, conservator or trustee, when the bank, trust company, building and loan or savings and loan association, or insurance company is so engaged;

(5) Any person who is employed by a licensed real estate broker or property manager in a solely stenographic or clerical capacity and who does not perform, offer, agree, or attempt to perform, any of the activities specified in this subsection;

(6) Any officer or employee of the United States or District government while performing his or her official duties, or any person, or employee thereof, who is employed on a contractual or other basis, by the United States or District government to make appraisals of real estate for real property tax or other government purposes;

(7) Any person who, for a fee, commission, or other valuable consideration, identifies for another person, or provides any other information about, any rental unit available for rent; or

(8) Any qualifying nonprofit housing organization as defined by §  47-3505(a).


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(m), 53 DCR 4718.)

Prior Codifications

1981 Ed., § 47-2853.181.

Effect of Amendments

D.C. Law 16-130, in par. (2), substituted “individual” for “person”.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2(n) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763).

Temporary Legislation

Section 2(n) of D.C. Law 16-101, in par. (2), substituted “natural person” for “person”.

Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect.


§ 47–2853.182. Transfer of license; change of status.

(a) A license issued to a real estate broker, real estate broker or property manager shall not be transferred to another person.

(b) A person licensed as a real estate broker may, upon written request to the Mayor, change his or her status from that of a real estate broker to that of a member, partner, trustee, or officer of a firm, franchise, partnership, association, or corporation, or to that of an associate real estate broker with a corporation, for any unexpired portion of his or her licensure term, upon the payment of the requisite fees required pursuant to this subchapter.

(c) Any broker who wishes to change his or her status to that of an associate real estate broker shall notify the Board of Real Estate by certified mail.

(d) For the purposes of this part, the term “associate real estate broker” means any person licensed under this subchapter as a broker who is employed by a real estate broker, franchise firm, association, business, or corporation, but who is not a partner, an officer or a principal broker within a licensed legal entity.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.182.


§ 47–2853.183. Licensure of real estate organizations.

No real estate broker’s license shall be issued to any firm, franchise, partnership, association, or corporation unless the Mayor finds that:

(1) The applicant is organized and exists pursuant to applicable District and federal laws;

(2) Every person member, partner, trustee, or officer who is engaged in activities defined in this subsection is licensed under this subchapter;

(3) Every employee who will render professional services holds a valid license or certificate issued by the Board; and

(4) Every branch office is managed by a licensed real estate broker.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.183.


§ 47–2853.184. Place of business.

(a) If a real estate broker maintains more than one place of business within the District, a duplicate license shall be issued to the broker for each office upon payment of the required fee. A copy of the license must be posted within each office.

(b) Whenever a real estate broker changes the location of his or her principal place of business, or discontinues his or her business, he or she shall notify the Mayor within 15 days of the event, in writing, and return to the Mayor his or her license together with the licenses of all real estate salespersons employed by him or her. The Mayor shall issue a new license to the broker upon payment of the required fee. A salesperson shall be issued a new license upon reemployment and payment of the required fees.

(c) Failure to notify the Mayor or to return the license as required by this section will result in immediate suspension of the license until the real estate broker has complied with the provisions of this section.

(d) New licenses for the unexpired term may be issued by the Mayor upon written request by the applicant and the payment of the fees required pursuant to this subchapter.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.184.


§ 47–2853.185. Prohibited names.

The Mayor may refuse to issue, renew, or transfer a license in a name that:

(1) Is misleading or would constitute false advertising;

(2) Implies a partnership, association, or corporation when a partnership, association, or corporation does not exist;

(3) Includes the name of a salesperson;

(4) Is in violation of law;

(5) Is a name which has been used by any person whose license has been suspended;

(6) Includes the name of a person not otherwise licensed; or

(7) Is a name which is deceptively similar to a name used by any other licensee.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.185.


§ 47–2853.186. Automatic suspension of license through affiliation.

(a) Whenever a real estate broker’s license has been suspended or revoked pursuant to this subchapter, all real estate salespersons employed by that real estate broker must mail their licenses to the Mayor within 15 days of the revocation or suspension. It shall be unlawful for the real estate salesperson to perform any of the acts specified in this subchapter from the date of revocation or suspension until he or she has been reemployed and a license has been reissued to him or her by the Mayor.

(b) When a real estate salesperson is discharged or terminates his or her employment with a licensee, the licensee, within 15 calendar days, shall mail notification to the former employee that his or her license has been mailed to the Mayor. A copy of the notice to the real estate salesperson shall accompany the license when it is mailed to the Mayor. It shall be unlawful for any real estate salesperson to perform any of the acts specified in this subchapter, under authority of the license issued pursuant to this subchapter, from the date of discharge or termination until the time he or she is employed by another licensee and a license is reissued to him or her by the Mayor.

(c) When a real estate salesperson is discharged by or terminates his employment with a licensee it shall be the duty of the real estate salesperson to notify the Mayor in writing within 15 days. It shall be unlawful for the real estate salesperson to perform any of the acts specified in this statute from the date of discharge or termination until he or she has been employed by another licensee and a license is reissued to him or her by the Mayor.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.186.


§ 47–2853.187. Effect of corporate, partnership, or association license revocation or suspension.

In the event of the revocation or suspension of a license issued to a real estate firm, franchise, partnership, association, or corporation, the license issued to the principal real estate broker, or any member of a partnership or director or officer of an association or corporation, shall be summarily revoked or suspended by the Mayor, unless:

(1) In a partnership, the connection with the member whose license has been revoked or suspended is severed within the time prescribed by the Mayor, and his or her participation in the partnership’s activities is terminated; or

(2) In an association or corporation, the director or officer whose license has been revoked or suspended is discharged and he or she has no further participation in the association’s or corporation’s activities.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.187.


Part P. Duties of Real Estate Brokers, Salespersons, and Property Managers.

§ 47–2853.191. Fiduciary duties when representing a seller.

(a) A licensee engaged by a seller shall:

(1) Perform in accordance with the terms of the brokerage relationship;

(2) Promote the interests of the seller by:

(A) Seeking a sale at the price and terms agreed upon in the brokerage relationship or at a price and terms acceptable to the seller; however, the licensee shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract of sale, unless agreed to as part of the brokerage relationship or as the contract of sale so provides;

(B) Presenting in a timely manner all written offers or counter-offers to and from the seller, even when the property is already subject to a contract of sale;

(C) Disclosing to the seller material facts related to the property or concerning the transaction of which the licensee has actual knowledge; and

(D) Accounting for in a timely manner all money and property received in which the seller has or may have an interest;

(3) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the seller consents in writing to the release of such information;

(4) Exercise ordinary care; and

(5) Comply with all requirements of this section, all applicable fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section.

(b) A licensee engaged by a seller shall treat all prospective buyers honestly and shall not knowingly give them false information. A licensee engaged by a seller shall disclose to prospective buyers all material adverse facts pertaining to the physical condition of the property which are actually known by the licensee. A licensee shall not be liable to a buyer for providing false information to the buyer if the false information was provided to the licensee by the seller and the licensee did not have actual knowledge that the information was false or act in reckless disregard of the truth. No cause of action shall arise against any licensee for revealing information as required by this section or applicable law.

(c) A licensee engaged by a seller in a real estate transaction may, unless prohibited by law or the brokerage relationship, provide assistance to a buyer or potential buyer by performing ministerial acts. Performing such ministerial acts that are not inconsistent with part O and § 47-2853.197 shall not be construed to violate the licensee’s brokerage relationship with the seller unless expressly prohibited by the terms of the brokerage relationship, nor shall performing such ministerial acts be construed to form a brokerage relationship with such buyer or potential buyer.

(d) A licensee engaged by a seller does not breach any duty or obligation owed to the seller by showing alternative properties to prospective buyers, whether as clients or customers, or by representing other sellers who have other properties for sale.

(e) Licensees shall disclose brokerage relationships pursuant to the provisions of this section.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.191.


§ 47–2853.192. Fiduciary duties when representing a buyer.

(a) A licensee engaged by a buyer shall:

(1) Perform in accordance with the terms of the brokerage relationship;

(2) Promote the interests of the buyer by:

(A) Seeking a property at a price and terms acceptable to the buyer, but, the licensee shall not be obligated to seek other properties for the buyer while the buyer is a party to a contract to purchase property unless agreed to as part of the brokerage relationship;

(B) Presenting in a timely manner all written offers or counteroffers to and from the buyer, even when the buyer is already a party to a contract to purchase property;

(C) Disclosing to the buyer material facts related to the property or concerning the transaction of which the licensee has actual knowledge, provided that nothing in this section shall modify or limit in any way the provisions of § 42-1755(f); and

(D) Accounting for in a timely manner all money and property received in which the buyer has or may have an interest;

(3) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the buyer consents in writing to the release of such information;

(4) Exercise ordinary care; and

(5) Comply with all requirements of this section, all applicable fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section.

(b) A licensee engaged by a buyer shall treat all prospective sellers honestly and shall not knowingly give them false information. No cause of action shall arise against any licensee for revealing information as required by this section or applicable law. In the case of a residential transaction, a licensee engaged by a buyer shall disclose to a seller the buyer’s intent to occupy the property as a principal residence.

(c) A licensee engaged by a buyer in a real estate transaction may, unless prohibited by law or the brokerage relationship, provide assistance to the seller, or prospective seller, by performing ministerial acts. Performing such ministerial acts that are not inconsistent with part O, § 47-2853.197, and this section shall not be construed to violate the licensee’s brokerage relationship with the buyer unless expressly prohibited by the terms of the brokerage relationship, nor shall performing such ministerial acts be construed to form a brokerage relationship with the seller.

(d) A licensee engaged by a buyer does not breach any duty or obligation to the buyer by showing properties in which the buyer is interested to other prospective buyers, whether as clients or customers, by representing other buyers looking at the same or other properties, or by representing sellers relative to other properties.

(e) Licensees shall disclose brokerage relationships pursuant to the provisions of § 47-2853.193.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.192.


§ 47–2853.193. Fiduciary duties when representing a landlord of leased property.

(a) A licensee engaged by a landlord to lease property shall:

(1) Perform in accordance with the terms of the brokerage relationship;

(2) Promote the interests of the landlord by:

(A) Seeking a tenant at the price and terms agreed in the brokerage relationship or at a price and terms acceptable to the landlord; however, the licensee shall not be obligated to seek additional offers to lease the property while the property is subject to a lease or a letter of intent to lease under which the tenant has not yet taken possession, unless agreed as part of the brokerage relationship, or unless the lease or the letter of intent to lease so provides;

(B) Presenting in a timely manner all written offers or counteroffers to and from the landlord, even when the property is already subject to a lease or a letter of intent to lease;

(C) Disclosing to the landlord material facts related to the property or concerning the transaction of which the licensee has actual knowledge; and

(D) Accounting for in a timely manner all money and property received in which the landlord has or may have an interest;

(3) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the landlord consents in writing to the release of such information;

(4) Exercise ordinary care; and

(5) Comply with all requirements of this section, fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section.

(b) A licensee engaged by a landlord to lease property shall treat all prospective tenants honestly and shall not knowingly give them false information. A licensee engaged by a landlord shall disclose to prospective tenants all material adverse facts pertaining to the physical condition of the property which are actually known by the licensee. A licensee shall not be liable to a tenant for providing false information to the tenant if the false information was provided to the licensee by the landlord and the licensee did not have actual knowledge that the information was false or act in reckless disregard of the truth. No cause of action shall arise against any licensee for revealing information as required by this section or applicable law. Nothing in this subsection shall limit the right of a prospective tenant to inspect the physical condition of the property. Nothing in this section shall modify or limit in any way the provisions of § 42-1755(f) [repealed].

(c) A licensee engaged by a landlord in a real estate transaction may, unless prohibited by law or the brokerage relationship, provide assistance to a tenant, or potential tenant, by performing ministerial acts. Performing such ministerial acts that are not inconsistent with part O of this subchapter shall not be construed to violate the licensee’s brokerage relationship with the landlord unless expressly prohibited by the terms of the brokerage relationship, nor shall performing such ministerial acts be construed to form a brokerage relationship with such tenant or potential tenant.

(d) A licensee engaged by a landlord does not breach any duty or obligation owed to the landlord by showing alternative properties to prospective tenants, whether as clients or customers, or by representing other landlords who have other properties for lease.

(e) Licensees shall disclose brokerage relationships pursuant to the provisions of this section.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.193.

Section References

This section is referenced in § 47-2853.192.


§ 47–2853.194. Fiduciary duties when representing a tenant.

(a) A licensee engaged by a tenant shall:

(1) Perform in accordance with the terms of the brokerage relationship;

(2) Promote the interests of the tenant by:

(A) Seeking a lease at a price and with terms acceptable to the tenant; however, the licensee shall not be obligated to seek other properties for the tenant while the tenant is a party to a lease or a letter of intent to lease exists under which the tenant has not yet taken possession, unless agreed to as part of the brokerage relationship, or unless the lease or the letter of intent to lease so provides;

(B) Presenting in a timely fashion all written offers or counter-offers to and from the tenant, even when the tenant is already a party to a lease or a letter of intent to lease;

(C) Disclosing to the tenant material facts related to the property or concerning the transaction of which the licensee has actual knowledge, provided that nothing in this section shall amend or limit in any way the provisions of § 42-1755(f) [repealed]; and

(D) Accounting for in a timely manner all money and property received in which the tenant has or may have an interest;

(3) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the tenant consents in writing to the release of such information;

(4) Exercise ordinary care; and

(5) Comply with all requirements of this section, fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section.

(b) A licensee engaged by a tenant shall treat all prospective landlords honestly and shall not knowingly give them false information. No cause of action shall arise against any licensee for revealing information as required by this section or applicable law.

(c) A licensee engaged by a tenant in a real estate transaction may provide assistance to the landlord or prospective landlord by performing ministerial acts. Performing such ministerial acts that are not inconsistent with subsection (a) of this section shall not be construed to violate the licensee’s brokerage relationship with the tenant unless expressly prohibited by the terms of the brokerage relationship, nor shall performing such ministerial acts be construed to form a brokerage relationship with the landlord or prospective landlord.

(d) A licensee engaged by a tenant does not breach any duty or obligation to the tenant by showing properties in which the tenant is interested to other prospective tenants, whether as clients or customers, by representing other tenants looking for the same or other properties to lease, or by representing landlords relative to other properties.

(e) Licensees shall disclose brokerage relationships pursuant to the provisions of this section.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.194.


§ 47–2853.195. Fiduciary duties of a property manager.

(a) A licensee engaged to manage real estate shall:

(1) Perform in accordance with the terms of the property management agreement;

(2) Exercise ordinary care;

(3) Disclose in a timely manner to the owner material facts of which the licensee has actual knowledge concerning the property;

(4) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the owner consents in writing to the release of such information;

(5) Account for, in a timely manner, all money and property received in which the owner has or may have an interest; and

(6) Comply with all requirements of this section, fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section.

(b) Except as provided in the property management agreement, a licensee engaged to manage real estate does not breach any duty or obligation to the owner by representing other owners in the management of other properties.

(c) A licensee engage to manage real estate may also represent the owner as seller or landlord if he or she enters into a brokerage relationship that so provides; in which case, the licensee shall disclose such brokerage relationships pursuant to the provisions of this section.

(d) Prior to entering into any brokerage relationship provided for in this section, a licensee shall advise the prospective client of the type of brokerage relationship proposed by the broker, and the broker’s compensation, and whether the broker will share such salary or compensation with another broker who may have a brokerage relationship with another party to the transaction.

(e) The brokerage relationships set forth in this section shall commence at the time that a client engages a licensee and shall continue until (1) completion of performance in accordance with the brokerage relationship; or (2) the earlier of (A) any date of expiration agreed upon by the parties as part of the brokerage relationship or in any amendments thereto; (B) any mutually agreed upon termination of the relationship; (C) a default by any party under the terms of the brokerage relationship; or (D) a termination as set forth in § 47-2853.197(4).


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.195.


§ 47–2853.196. General provisions governing disclosure of brokerage relationships.

(a) Brokerage relationships shall have a definite termination date; however, if a brokerage relationship does not specify a definite termination date, the brokerage relationship shall terminate 90 days after the date the brokerage relationship was entered into.

(b) Except as otherwise agreed to in writing, a licensee owes no further duties to a client after termination, expiration, or completion of performance of the brokerage relationship, except to account for all moneys and property relating to the brokerage relationship, and keep confidential all personal and financial information received from the client during the course of the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the client consents in writing to the release of such information.

(c) Upon having a substantive discussion about a specific property or properties with an actual or prospective buyer or seller who is not the client of the licensee, a licensee shall disclose any broker relationship the licensee has with another party to the transaction. The disclosure shall be made in writing at the earliest practical time, but in no event later than the time when specific real estate assistance is first provided, and shall be substantially in the form determined by the Board by regulation.

(d) A licensee shall disclose to an actual or prospective landlord or tenant, who is not the client of the licensee, that the licensee has a brokerage relationship with another party or parties to the transaction. The disclosure shall be in writing and included in all applications for lease or in the lease itself, whichever occurs first. If the terms of the lease do not provide for disclosure, disclosure shall be made in writing no later than the signing of lease. This disclosure requirement shall not apply to lessors or lessees in single or multifamily residential units for lease terms of less than 2 months.

(e) If a licensee’s relationship to a client or customer changes, the licensee shall disclose that fact in writing to all clients and customers already involved in the specific contemplated transaction.

(f) Copies of any disclosures relative to fully executed purchase contracts shall be kept by the licensee for a period of 3 years as proof of having made disclosure, whether or not such disclosure is acknowledged in writing by the party to whom the disclosure was shown or given.

(g) A licensee may act as a dual representative only with the written consent of all clients to the transaction. The written consent and disclosure of the brokerage relationship as required by this section shall be presumed to have been given as against any client who signs a disclosure as provided in this section.

(h) The disclosure may be given in combination with other disclosures or provided with other information, but shall be substantially in the form determined by the Board by regulation.

(i) No cause of action shall arise against a dual representative for making disclosures of brokerage relationships as provided by this section. A dual representative does not terminate any brokerage relationship by the making of any such allowed or required disclosures of dual representation.

(j) In any real estate transaction, a licensee may withdraw, without liability, from representing a client who refuses to consent to a disclosed dual representation, thereby terminating the brokerage relationship with such client. Withdrawal shall not prejudice the ability of the licensee to continue to represent the other client in the transaction nor to limit the licensee from representing the client who refused the dual representation in other transactions not involving dual representation.

(k) A principal or supervising broker may assign different licensees affiliated with the broker as designated representatives to represent different clients in the same transaction to the exclusion of all other licensees in the firm. Use of designated representatives shall not constitute dual representation if a designated representative is not representing more than one client in a particular real estate transaction; however, the principal or broker who is supervising the transaction shall be considered a dual representative as provided in this article. Designated representatives may not disclose, except to the affiliated licensee’s broker, personal or financial information received from the clients during the brokerage relationship and any other information that the client requests during the brokerage relationship be kept confidential, unless otherwise provided for by law or the client consents in writing to the release of such information.

(l) Use of designated representatives in a real estate transaction shall be disclosed in accordance with the provisions of this section. Disclosure may be given in combination with other disclosures or provided with other information, but shall be substantially in the form determined by the Board by regulation.

(m) The payment or promise of payment or compensation to a real estate broker or property manager does not create a brokerage relationship between any broker, seller, landlord, buyer or tenant.

(n) No licensee representing a buyer or tenant shall be deemed to have a brokerage relationship with a seller, landlord, or other licensee solely by reason of using a common source information company.

(o) A client is not liable for a misrepresentation made by a licensee in connection with a brokerage relationship, unless the client knew or should have known of the misrepresentation and failed to take reasonable steps to correct the misrepresentation in a timely manner, or the negligence, gross negligence, or intentional acts of any property manager, broker, or broker’s licensee.

(p) A licensee who has a brokerage relationship with a client and who engages another licensee to assist in providing brokerage services to such client shall not be liable for a misrepresentation made by the other licensee, unless the licensee knew or should have known of the other licensee’s misrepresentation and failed to take reasonable steps to correct the misrepresentation in a timely manner, or the negligence, gross negligence, or intentional acts of the assisting licensee or assisting licensee’s licensee.

(q) Clients and licensees shall be deemed to possess actual knowledge and information only. Knowledge or information between or among clients and licensees shall not be imputed.

(r) The common law of agency relative to brokerage relationships in real estate transactions to the extent inconsistent with this section shall be expressly abrogated.

(s) Nothing in this part shall limit the liability between or among clients and licensees in all matters involving unlawful discriminatory housing practices.

(t) Except as expressly set forth in this subchapter, nothing in this part shall affect a person’s right to rescind a real estate transaction or limit the liability of a client for the misrepresentation, negligence, gross negligence, or intentional acts of such client in connection with a real estate transaction, or a licensee for the misrepresentation, negligence, gross negligence, or intentional acts of such licensee in connection with a real estate transaction.

(u) The criminal penalties provided in § 42-1763 [repealed] shall not be applicable to violations of this section, which shall be civil and regulatory in nature.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.196.


§ 47–2853.197. Prohibited acts.

In addition to those acts prohibited by other sections of this subchapter, a real estate broker, real estate salesperson or property manager may be subject to disciplinary action, and fines not to exceed $2,500 per violation, if he or she has:

(1) Made any substantial misrepresentation;

(2) Made any false promise of a character likely to influence, persuade, or induce;

(3) Pursued a continued and flagrant course of misrepresentation, or made false promises through agents or salespersons, or advertisement or otherwise;

(4) Acted, as a broker or salesperson, for more than one party in a transaction without the knowledge of all parties for whom he or she acted;

(5) As a property manager, disclosed to a third party confidential information which would be injurious concerning the business or personal affairs of a client without prior written consent of the client, except as may be required or compelled by applicable law or rules;

(6) Accepted a fee, commission, or other valuable consideration as a real estate salesperson for the performance of any of the acts specified in this subchapter from any person, except the broker under whose name he or she is or was licensed at the time the fee, commission, or other valuable consideration was earned;

(7) As a property manager, failed to maintain accurate accounting records concerning the property managed for the client and failed to keep the records available for inspection by each client;

(8) Represented or attempted to represent any real estate broker, other than the broker under whose name he or she is licensed, as a real estate salesperson without the express knowledge and written consent of the broker under whose name he or she is licensed;

(9) Placed an advertisement in any publication, or used a sign or business card which was misleading or which constituted false advertising;

(10) Failed, within a reasonable time, to account for or to remit any money, valuable document, or other property coming into his or her possession which belongs to others;

(11) Demonstrated unworthiness or incompetency to act as a real estate broker and real estate salesperson so as to endanger the public interest;

(12) While acting or attempting to act as agent or broker, purchased or attempted to purchase any business or real estate for himself or herself, either in his or her own name or by use of a straw party, without disclosing that fact to the party he or she represents;

(13) Been guilty of any other conduct, whether of the same or of a different character from that prescribed in this section, which constituted fraudulent or dishonest dealing;

(14) Used any trade name or insignia of membership in any real estate organization of which the licensee is not a member;

(15) Disregarded or violated any provision of this subchapter, the rules issued pursuant to this subchapter, or the code of ethics adopted pursuant to this subchapter;

(16) Guaranteed, authorized, or permitted any broker or salesperson to guarantee future profits which may result from the resale of real estate or a business or business opportunity, or the goodwill of any existing business;

(17) Offered any property for rent or otherwise without the written consent of the owner or the owner’s authorized agent;

(18) Offered any property or business for sale or rent or placed a sign on any real estate offering it for sale or for rent without the written consent of the owner or his or her authorized agent;

(19) Made or accepted a listing contract to sell real estate or a business unless the contract is in writing and provides for a definite termination date which is not subject to prior notice from either party;

(20) Failed to furnish a copy of any listing, sale, lease, or other contract relevant to a real estate or business transaction to all signatories thereof at the time of execution;

(21) Accepted compensation from more than one party to a transaction without the knowledge and consent of all other parties to the transaction;

(22) Failed to keep an escrow or trustee accounting of funds deposited with him or her relating to real estate and business transactions, and to maintain records for a period of 3 years, showing to whom the money belongs, the date of deposit, the date of withdrawal, to whom paid, and other pertinent information as the Board may require by regulation; the records to be made available to the Board on demand or upon written notice given to the depository;

(23) Commingled escrow or trustee funds held by the licensee with his or her personal funds, other than a nominal amount necessary to keep active the escrow or trustee account;

(24) Induced any party to a written agreement in a real estate or business sales transaction to break the agreement for the purpose of substituting a new agreement where the substitution is motivated by the personal gain of the concerned licensee;

(25) As a property manager, refused or prevented, directly or indirectly, a prospective lessee inspection of residential real estate upon reasonable request and scheduling for inspections, for the purpose of reviewing, examining, or having a third party examine the real estate and the conditions of its fixtures;

(26) Made any oral or written representations, at or prior to conveyance to a prospective lessee or residential real estate that repairs, renovations, improvements, installation, or additions will be made to the property after the conveyance unless all the representations are furnished in writing to the lessee at or prior to the conveyance of the premises;

(27) Failed to advise the Board in writing within 15 days of the entry of any judgment against the licensee in a civil or criminal proceeding by a court of competent jurisdiction;

(28) Failed, as a broker, to return immediately to the Mayor the license of a salesperson employed by the broker, wherein the salesperson has been discharged or has terminated his or her employment or affiliation with the broker;

(29) Failed, as a salesperson, to place in the custody of the employing broker, as soon after receipt as is practicable, all money, valuable documents, or other property entrusted to him or her by any person dealing with him or her as the representative of the broker;

(30) Accepted, offered, agreed, or attempted to accept, employment for a fee, commission, or other valuable consideration for appraising real estate or a business, contingent upon the reporting of a predetermined value;

(31) Issued an appraisal report on real estate or a business in which the licensee has an undisclosed interest;

(32) Violated, as determined by the Mayor or a court of competent jurisdiction, any provision of Chapter 14 of this title or the rules issued pursuant to that chapter;

(33) Violated, as determined by the District of Columbia Commission on Human Rights, as established by Commissioner’s Order No. 71-224, effective July 8, 1971, the Mayor, or a court of competent jurisdiction, any provision of Unit A of Chapter 14 of Title 2 or the rules issued pursuant to that chapter, or failed to comply with an order of the District of Columbia Commission on Human Rights, as established by Commissioner’s Order No. 71-224, effective July 8, 1971, pursuant to that chapter;

(34) Violated, as determined by the Department of Consumer and Regulatory Affairs, established by the Reorganization Plan No. 1 of 1983, effective March 31, 1983, the Mayor, or a court of competent jurisdiction, any provision of Chapter 39 of Title 28 of the District of Columbia Official Code, or the rules issued pursuant to that chapter, or failed to comply with an order of the Department of Consumer and Regulatory Affairs or its administrative law judge;

(35) Made any oral or written representations, after or prior to conveyance, to a prospective buyer of a business or residential real estate that repairs, renovations, improvements, installations, or additions will be made to the business or real estate after the conveyance, or continued to act on behalf of a seller who made those representations, unless all the representations are furnished in writing to the buyer at least 5 days prior to the conveyance;

(36) Entered into or became a party to any contract, agreement, or understanding, or in any manner whatsoever considered, combined, conspired, or acted with another or others:

(A) To execute a deed or other instrument conveying real estate or a business of any interest therein situated in the District that is not a bona fide sale or transfer, but which is instead a simulated sale or transfer of the real estate, business, or interest therein executed for the purpose and with the intent of defrauding others or misleading others as to the value of the business, real estate or interest therein, and which does so mislead or defraud others, to their detriment; or

(B) To execute a mortgage, deed of trust, or chattel mortgage upon any real estate, business, or interest therein situated in the District that does not represent security for a bona fide indebtedness, but which is a simulated transaction, executed for the purpose and with the intent of misleading or deceiving others as to the value of a business, real estate, or interest therein and which does mislead, deceive, or defraud others to their detriment;

(37) Offered, gave, awarded, promised, used any method, scheme or plan, offering, giving, awarding or promising, free lots in connection with the sale or the offering for sale, or attempt to sell or negotiate the sale of any real estate, business, or interest therein, wherever situated, for the purpose of attracting, inducing, persuading, or influencing a purchaser or prospective purchaser; or offered, promised, or gave prizes of any name or nature for attendance at or participation in any sale of any real estate, business, or interest therein, by auction or otherwise including an owner of the real estate, business, or interest therein;

(38) Knowingly paid a fee, commission, or compensation to anyone for the performance of any service or act within the District defined in this subchapter as the act of a real estate broker or real estate salesperson to any person who was not duly licensed at the time the service or act was performed. This subsection shall not apply to the payment of a referral fee by a real estate broker licensed under this subchapter to a nonresident cooperating real estate broker who is properly licensed in his or her own jurisdiction; or

(39) Knowingly prepared, distributed, or circulated, or caused the preparation, distribution, or circulation of, any false or misleading advertising in connection with the sale, exchange, purchase, lease, or rental of real estate or business.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.197.

Section References

This section is referenced in § 47-2853.191, § 47-2853.192, and § 47-2853.195.


§ 47–2853.198. Acts not required to be disclosed.

Notwithstanding the possibility that a fact may have a psychological impact on a purchaser, lessee, or sublessee, it shall not be a material fact that must be disclosed in a real estate transaction, nor shall it be the basis for a cause of action against an owner of real property, a real estate broker, a real estate salesperson, a property manager, a lessee, or sublessee, that the following information was not disclosed to the purchaser, lessee, or sublessee:

(1) An occupant of real property, at any time, was infected or was or is suspected to have been infected with a human immune deficiency virus;

(2) An occupant of real property, at any time, has been diagnosed, was infected, or was suspected to have been diagnosed as having acquired immune deficiency syndrome or any other disease that has been determined by medical evidence to be highly unlikely to be transmitted through occupancy of property alone; or

(3) The property, at any time, has been or was suspected to have been the site of a suicide, homicide, or other felony.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.198.


Part Q. Refrigeration and Air Conditioning Mechanics.

§ 47–2853.201. Scope of practice for refrigeration and air conditioning mechanics.

For the purposes of this part, the term “refrigeration and air conditioning mechanic” means a person who designs, installs, maintains or alters mechanical systems for refrigeration or air conditioning of any public or private building or vehicle.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.201.


§ 47–2853.202. Eligibility requirements.

(a) An applicant to be an apprentice refrigeration and air conditioning mechanic shall be registered by the Mayor, without examination, upon providing such information as may be required by the Board of Industrial Trades and payment of appropriate fees. An apprentice refrigeration and air conditioning mechanic shall work only under the direct personal supervision and control of a licensed master mechanic.

(b) An applicant for licensure as a master mechanic shall establish to the satisfaction of the Board of Industrial Trades that the applicant has been employed installing, maintaining, repairing and replacing refrigeration and air conditioning equipment systems larger than 25 compressor horsepower or the equivalent tons of refrigeration in the aggregate for a period of at least 5 consecutive years immediately preceding the date of application, as verified in writing by a master mechanic.

(c) An applicant for licensure as a master mechanic limited shall establish to the satisfaction of the Board of Industrial Trades that the applicant:

(1) Has been employed installing, maintaining, repairing and replacing refrigeration and air conditioning equipment systems less than 25 compressor horsepower or the equivalent tons of refrigeration in the aggregate for a period of at least 5 consecutive years immediately preceding the date of application, as verified in writing by a master mechanic, and

(2) Have proof of chlor fluro carbon certification.

(d)(1) The Board shall accept, in lieu of an examination, experience, or other requirements of test or skill established by the Board, a certificate from a national certifying organization certifying that the applicant:

(A) Has completed the organization’s apprenticeship program;

(B) Has passed the organization’s required examination;

(C) Is designated by that organization as a journeyman refrigeration and air conditioning mechanic; and

(D) Has not been disciplined or otherwise disqualified by the organization.

(2) For the purposes of this subsection, the term “national certifying organization” shall include a nationally recognized trade organization, non-union sponsor, or labor union that is registered with the Bureau of Apprenticeship Training, the United States Department of Labor, or the District of Columbia Apprenticeship Council.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 23, 2013, D.C. Law 19-274, § 2(c), 60 DCR 2055.)

Prior Codifications

1981 Ed., § 47-2853.202.

Section References

This section is referenced in § 47-2853.12.

Effect of Amendments

The 2013 amendment by D.C. Law 19-274 added (d).


§ 47–2853.203. Certain representations prohibited.

Unless licensed in accordance with this subchapter, no person shall use the words or terms “air conditioning mechanic,” “refrigeration mechanic,” “licensed air conditioning mechanic,” “licensed refrigeration mechanic,” “master mechanic,” or any combination of those words to imply that the person is licensed to perform the services of a refrigeration and air conditioning mechanic in the District.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.203.


Part R. Steam and Other Operating Engineers.

§ 47–2853.211. Scope of practice for steam and other operating engineers.

(a) For the purposes of this part, the term “steam engineer” means a person who maintains, inspects and operates steam or hot water boilers, boiler room auxiliary equipment such as pumps, condensate and derating water tanks, blowdown tanks, burners, fuel systems, steam and gas turbines, steam pumps, air compressors, hot water heaters, boiler room electrical systems, chiller room or refrigeration equipment such as centrifugal chillers, reciprocating absorption chillers, air conditioning and refrigeration auxiliaries such as cooling towers, pumps and controls, electrical generators, appliances using gas, liquid fuel, solid fuel or waste heat.

(b) The term “operating engineer” means a person who operates and maintains cranes, backhoes, bulldozers, air compressors, concrete pumps, derricks, clams or any construction heavy equipment used for hoisting, demolition, digging or earth moving.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.211.


§ 47–2853.212. Eligibility requirements.

An applicant for licensure as a steam or other operating engineer shall establish to the satisfaction of the Board of Industrial Trades that:

(1) For a steam engineer, the applicant has the requisite experience and knowledge to operate steam or hot water boilers for the class of licensure applied for, as determined by the Board of Industrial Trades by regulation; and

(2) For an operating engineer, the applicant has the requisite experience and knowledge to operate heavy equipment of the class for which licensure is sought, as determined by the Board of Industrial Trades.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.212.


§ 47–2853.213. Certain representations prohibited.

Unless licensed in accordance with this subchapter, no person may use the words or terms “steam engineer,” “licensed steam engineer,” “steam operating engineer,” “licensed steam operating engineer,” “operating engineer,” or “licensed operating engineer” to imply that the person is authorized to perform the services of a steam or other operating engineer in the District.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.213.


Part S. Transitional Provisions.

§ 47–2853.221. Transfer of personnel, records, property, and funds.

(a) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Architecture and the Board of Interior Designers are transferred to the Board of Architecture and Interior Designers established by this subchapter.

(b) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Accountancy are transferred to the Board of Accountancy established by § 47-2853.06.

(c) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Barber and Cosmetology are transferred to the Board of Barber and Cosmetology established by § 47-2853.06.

(d) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the District of Columbia Plumbing Board, the District of Columbia Refrigeration and Air Conditioning Board, District of Columbia Steam and Other Operating Engineers Board, and the District of Columbia Electrical Board are transferred to the Board of Industrial Trades established by § 47-2853.06.

(e) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the District of Columbia Board of Registration for Professional Engineers are transferred to the Board of Professional Engineering established by § 47-2853.06.

(f) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Appraisers are transferred to the Board of Real Estate Appraisers established by § 47-2853.06.

(g) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Real Estate Commission of the District of Columbia are transferred to the Board of Real Estate established by § 47-2853.06.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.221.


§ 47–2853.222. Service by members of abolished boards.

Members of boards abolished by this subchapter shall serve as members of the successor boards to which their functions are transferred until the expiration of their terms or the appointment of their successors, whichever occurs first. In any case where there is no successor board, or where the activities of two or more boards have been combined, or where more than one member of a prior board or board is eligible for a single seat on a new board, the Mayor shall make the determination as to which member of the former board or board, if any, shall be seated on a new board. The determination of the Mayor shall be final and shall not be reviewable in any court.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.222.


§ 47–2853.223. Abatement of existing proceedings; previously enacted rules and orders.

(a) No suit, action, or other judicial proceeding lawfully commenced by or against any board specified in this subchapter, or against any member, officer or employee of the board in the official capacity of the officer or employee, shall abate by reason of the taking effect of this subchapter, but the court or agency, unless it determines that survival of the suit, action, or other proceeding is not necessary for purposes of settlement of the question involved, shall allow the suit, action, or other proceeding to be maintained, with substitutions as to parties as are appropriate.

(b) No disciplinary action against a person engaged in a profession or occupation regulated by this subchapter initiated by a professional or other administrative body or any other proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this subchapter, but the action or proceeding shall be continued with substitutions as to parties and officers or agencies as are appropriate.

(c) Except as otherwise provided in this subchapter, all rules and orders promulgated by the boards abolished by this subchapter shall continue in effect and shall apply to their successor board until the rules or orders are repealed or superseded.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.223.


§ 47–2853.224. Transfers from former boards.

The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to former boards shall be transferred to the boards established by this subchapter.


(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.224.