§ 1–1506.03. Reorganization Plan No. 3 of 1983

(Effective March 31, 1983)

Prepared by the Mayor and transmitted to the Council of the District of Columbia on January 3, 1983, pursuant to the provisions of Section 422(12) of the District Charter.

I. Establishment There is hereby established in the District of Columbia Department of Finance and Revenue, under the supervision and the control of the Director thereof, a Recorder of Deeds Division. The Recorder of Deeds Division hereby established, and the functions and personnel assigned thereto shall constitute an organizational unit of the Department of Finance and Revenue.

II. Purpose The Recorder of Deeds Division is established in the Department of Finance and Revenue, under the supervision and control of the Director, for the purpose of centralization and automation of functions in order to streamline District government operations.

III. Transfer of Functions The following powers, duties, and functions are hereby transferred to the Director of the Department of Finance and Revenue, who is authorized to redelegate such powers, duties and functions as he/she may deem necessary.

1. Those duties and functions of the Recorder of Deeds set forth in paragraphs A, B, E, F, G, H, I and J of Part IV of Organization Order No. 101 - Replacement, Commissioners' Order No. 63-197, January 24, 1963, as amended; except, those functions specified in paragraph A relating to motor vehicle liens and those specified in paragraphs C and D thereof. The functions thus transferred shall include the following:

(A) Serve as an office of record for the recording, filing and handling of all public records in the form of deeds, deeds of trust, chattel mortgages, contracts and other instruments in writing (other than motor vehicle liens) affecting a right, title or interest in real and personal property in the District of Columbia.

(B) Maintain an index to real property in the District of Columbia through which the recorded history of ownership of such property is made available to the public.

(D) Recommend to the Mayor and draft new laws, regulations and amendments to existing laws and regulations and recommend increases and decreases in fees pertaining to the functions of the Division.

(E) Provide photostatic certified copies of legal documents of record for use in various Courts of law in the District of Columbia, and the several States, and foreign countries.

(F) Collect all fees, license taxes, penalties and other charges as prescribed in or under the authority of the applicable legislation, except the collection of fees for the recordation of motor vehicle liens, and deposit same with the D.C. Treasurer.

(G) Serve as an office of record for the receipt, filing, indexing, mailing and handling of notice of foreclosure sale received pursuant to Public Law 90-566 (October 12, 1968, 82 Stat. 1002, D.C. Code Section 45-715 [42-815.01]).

2. Those powers, duties, and functions of the Recorder of Deeds, acting as agent of the Mayor, in accordance with the Real Estate Deed Recordation Tax Act as amended (March 2, 1962, 76 Stat. 11, Pub. L. 87-408, Title III, D.C. Code 45-921 [42-1101] et seq.), pursuant to paragraph C of Part I of Organization Order No. 101 - Replacement, as corrected and amended by Commissioners' Order No. 63-703, March 3, 1963. The functions thus transferred shall include the following:

(A) Receive and examine all returns required to be filed with any deed submitted for recordation.

(B) Maintain such staff, records, and accounts as may be required or necessary in connection with the recordation of deeds and the receiving and accounting for taxes applicable to such deeds.

(D) Reject for recordation, when applicable, any deed for which a return is required to be filed if such deed is not accompanied by a return in proper form, executed by all the parties to the deed.

(E) Reject for recordation, when applicable, any deed for which a tax is required to be paid, if the full amount of the applicable tax is not tendered with the deed.

(F) Check returns for arithmetical accuracy in the computation of the amount of tax due. Where an arithmetical computation, as made on a return, is erroneous, the Director may, in his discretion, recompute the tax and, upon payment of the tax as recomputed, accept for recordation the deed to which the return applies, noting on the return the action taken.

(G) Account for and transmit to the D.C. Treasurer all taxes collected upon recordation of deeds.

(H) Administer oaths and affirmations to parties to deeds when required in connection with a return or other document presented to him/her for purposes of recordation of a deed.

3. All of the functions as agent of the Mayor, described in section 13 of the Act approved July 5, 1962 (Pub. L. 87-523; 76 Stat. 135) delegated pursuant to paragraph F of Part I of Organization Order No. 101 - Replacement, Commissioners' Order No. 63-197, January 24, 1963, as amended.

4. Such other functions not specified herein, which have been delegated to or vested in the Recorder of Deeds as of the effective date of this plan.

IV. Organization The Director of the Department of Finance and Revenue in the performance of the powers, duties, and functions herein assigned shall have the power to establish such organizational components as are warranted within the Recorder of Deeds Division herein established and to realign and place such components or parts thereof within any organizational division of the Department as he/she may deem appropriate in the interest of efficiency and good administration.

V. Transfer of Funds and Other Resources All positions, including the positions of the D.C. Recorder of Deeds, and Deputies thereof, property, records, and unexpended balances of appropriations, allocations and other funds available or to be made available relating to the duties and functions assigned herein are hereby transferred to the Department of Finance and Revenue.

VI. Abolition of Existing Office The existing Office of the Recorder of Deeds is hereby abolished.

VII. Effective Date The provisions of this Plan shall become effective pursuant to the requirements of Section 422(12) of Public Law 93-198, or on a date thereafter to be designated pursuant to an executive order of the Mayor.