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

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

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

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

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

Prior Codifications

1981 Ed., § 1-1506.

1973 Ed., § 1-1505.

Section References

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

Effect of Amendments

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

Cross References

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Editor's Notes

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

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