D.C. Act 25-237. Office of Administrative Hearings Jurisdiction Clarification Emergency Amendment Act of 2023.

AN ACT

To amend, on an emergency basis, the Firearms Control Regulations Act of 1975 to provide for the Chief of Police of the Metropolitan Police Department to have the burden of production and burden of persuasion in an appeal of the Chief's firearm registration certificate or concealed pistol license determination before the Office of Administrative Hearings.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Office of Administrative Hearings Jurisdiction Clarification Emergency Amendment Act of 2023".

Sec. 2. The Firearms Control Regulations Act of 1975, effective September 24, 1976 (D.C. Law 1-85; D.C. Official Code § 7-2501.01 et seq.), is amended as follows:

(a) Section 210 (D.C. Official Code § 7-2502.10) is amended by adding a new subsection (b-1) to read as follows:

"(b-1) An appeal of the Chief's denial or revocation of a firearm registration certificate pursuant to subsection (b) of this section shall be made to the Office of Administrative Hearings, pursuant to section 6(b-2)(2) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.03(b-2)(2)). Notwithstanding any other provision of law, the burden of production of evidence and the burden of persuasion at a hearing in such an appeal shall be upon the Chief or his designated agent. This provision controls over, and may not be altered by, any rule of procedure or regulation promulgated by either the Office of Administrative Hearings or the Metropolitan Police Department.".

(b) Section 908(d) (D.C. Official Code § 7-2509.08(d)) is amended to read as follows:

"(d)(1) Notwithstanding any other provision of law, the procedures for appeals under this section shall be governed by 1 DCMR § 1200 et seq. until such time as the Chief Administrative Law Judge may repeal them or re-establish procedures by rule pursuant to section 8 of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.05).

"(2) The burden of production of evidence and the burden of persuasion for an appeal brought under this section shall be upon the Chief of Police of the Metropolitan Police Department of the District of Columbia or his designated agent. This provision controls over, and may not be altered by, any rule of procedure or regulation promulgated by either the Office of Administrative Hearings or the Metropolitan Police Department.".

Sec. 3. Section 3(d)(5) of the Office of Administrative Hearings Jurisdiction Temporary Amendment Act of 2023, enacted on July 10, 2023 (D.C. Act 25-158; 70 DCR 9691) is repealed.

Sec. 4. Applicability.

This act shall apply as of October 1, 2023.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 6. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).