§ 1–604.04. Issuance of rules and regulations affecting personnel for employees of the District of Columbia.

(a) The Mayor shall issue rules and regulations to implement the provisions of subchapters II, IV, VII, VIII, VIII-B, IX, IX-A, X-A, XI, XII, XIII, XIII-A, XV, XVI-A, XVII, XVIII, XIX, XX, XX-A, XX-B, XX-C, XX-D, XX-E, XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, XXIX, XXX, XXXI, XXXII, and XXXIV of this chapter, for all employees of the District of Columbia, except as may be otherwise provided in this subchapter.

(a-1)(1) The Attorney General shall issue rules and regulations to implement the provisions of subchapters VII, VIII, IX, IX-A, XI, XII, XIII, XIII-A, XIV-A, XVI-A, XVII, XIX, XXIV, XXVII, and XXXI of this chapter for employees under the jurisdiction of the Attorney General.

(2) The rules and regulations promulgated pursuant to subsection (a) of this section shall apply to employees under the jurisdiction of the Attorney General unless the Attorney General has issued a superseding rule or regulation.

(b) The District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall each issue rules and regulations to implement the provisions of subchapter VIII-A of this chapter.

(c)(1) The District of Columbia Board of Education shall issue rules and regulations to implement the provisions of subchapters VII, XIII, XIX, XXIV, and XXVII of this chapter, and §§ 1-602.03, 1-604.03 and 1-611.11 for educational employees under its respective jurisdictions.

(2) The Board of the University of the District of Columbia shall issue rules and regulations to implement the provisions of subchapters VII and XXVII of this chapter, and §§ 1-602.03, 1-604.03, and 1-611.11 for educational employees under its jurisdiction.

(3) Repealed.

(d) The District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall each issue rules and regulations to implement the provisions of subchapters XII, XIII-A, XVI-A, XVII, XXV, and XXXI of this chapter, and § 1-602.02(2) for all employees under their respective jurisdictions.

(e) The Public Employee Relations Board shall issue rules and regulations to carry out its authority under subchapters V and XVII of this chapter.

(f) The Office of Employee Appeals shall issue rules and regulations to carry out its authority under subchapter VI of this chapter.

(g) The District of Columbia Board of Elections shall issue rules and regulations to carry out its authority under subchapter XXV of this chapter.

(h) Except where proscribed by law or issued under the authority of subsection (e), (f), or (g) of this section, rules and regulations issued pursuant to this chapter shall not be a bar to collective bargaining during the negotiation process with an exclusively recognized labor organization.

(Mar. 3, 1979, D.C. Law 2-139, § 404, 25 DCR 5740; Feb. 24, 1987, D.C. Law 6-177, § 3(f), 33 DCR 7241; Aug. 1, 1996, D.C. Law 11-152, § 302(e), 43 DCR 2978; Apr. 20, 1999, D.C. Law 12-260, § 2(b), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 103(d), 47 DCR 520; Oct. 19, 2002, D.C. Law 14-213, § 3(b), 49 DCR 8140; Oct. 8, 2016, D.C. Law 21-160, § 3093, 63 DCR 10775; Oct. 30, 2018, D.C. Law 22-168, § 1082(b), 65 DCR 9388; Apr. 27, 2021, D.C. Law 23-276, § 2(c), 68 DCR 00048.)

Prior Codifications

1981 Ed., § 1-604.4.

1973 Ed., § 1-334.4.

Section References

This section is referenced in § 1-604.05, § 1-606.03, and § 1-636.02.

Effect of Amendments

D.C. Law 13-91 rewrote subsecs. (a) and (d), which previously read:

“(a) The Mayor shall issue rules and regulations to implement the provisions of subchapters II, IV, VII, VIII, IX-B, X, XI, XII, XIII, XIV, XV, XVI, XVII, XVIII, XIX, XX, XXI, XXII, XXIII, XXIV, XXV, XXVI, XXVII, XXVIII, XXIX, XXX, XXXI, XXXII, XXXIII, and XXXV of this chapter, for all employees of the District of Columbia, except as may be otherwise provided in this subchapter.”

“(d) The District of Columbia Board of Education and the Board of Trustees of the University of the District of Columbia shall each issue rules and regulations to implement the provisions of subchapters XIII, XV, XVII, XVIII, XXVI, and XXXII of this chapter, and § 1-602.2(2) for all employees under their respective jurisdictions.”

D.C. Law 14-213, in subsec. (a), validated a previously made technical correction.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1082(b) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 1082(b) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary amendment of section, see § 2(b) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90 days) amendment of this section, see § 2 of the Office of the Attorney General Personnel and Procurement Clarification Emergency Amendment Act of 2015 (D.C. Act 21-254, Jan. 6, 2016, 63 DCR 518).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the Office of the Attorney General Personnel and Procurement Clarification Temporary Amendment Act of 2015 (D.C. Law 21-91, Mar. 23, 2016, 63 DCR 989).

Editor's Notes

Repeal of § 3 of Law 6-177: Section 4(b) of D.C. Law 6-177 provided that the provisions of § 3 are repealed on the 1st day following the 36-month period after February 24, 1987.

Repeal of § 4(b) of Law 6-177: Section 3(b) of D.C. Law 8-74, effective March 15, 1990, provided that § 4(b) of D.C. Law 6-177 is repealed.

Mayor's Orders

Delegation of Personnel Authority in the Metropolitan Police Department to the Chief of Police: See Mayor’s Order 97-88, May 9, 1997 ( 44 DCR 2959).