§ 4–202.05. Mayor to issue rules.

(a) The Mayor shall, no later than January 1, 1986, and pursuant to subchapter I of Chapter 5 of Title 2, issue rules necessary to implement § 2 of the District of Columbia Public Assistance Act of 1982 Amendments Act of 1985.

(b) The Mayor shall promptly issue proposed rules to implement the provisions of the Self-Sufficiency Promotion Amendment Act of 1998, effective April 20, 1999 (D.C. Law 12-241; 46 DCR 905), pursuant to subchapter I of Chapter 5 of Title 2. The proposed rules shall be submitted to the Council for a 30-day period of review excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within the 30-day review period, the proposed rules shall be deemed approved.

(c)(1) Within 90 days of January 19, 2011, the Mayor shall issue proposed rules on sanctions.

(2) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.

(d) Within 30 days of December 24, 2013, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of [D.C. Law 20-61, §§ 5151 to 5153].

(e) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of title V of D.C. Law 22-33.

(Apr. 6, 1982, D.C. Law 4-101, § 205; as added Sept. 10, 1985, D.C. Law 6-35, § 2(a), 32 DCR 3778; Apr. 20, 1999, D.C. Law 12-241, § 2(f), 46 DCR 905; Apr. 20, 1999, D.C. Law 12-264, § 15(a), 46 DCR 2118; Apr. 8, 2011, D.C. Law 18-370, § 522(a), 58 DCR 1008; Sept. 20, 2012, D.C. Law 19-168, § 5162(a), 59 DCR 8025; Dec. 24, 2013, D.C. Law 20-61, § 5153(a), 60 DCR 12472; Dec. 13, 2017, D.C. Law 22-33, § 5002(a), 64 DCR 7652.)

Prior Codifications

1981 Ed., § 3-202.5.

Section References

This section is referenced in § 4-202.02 and § 4-205.11b.

Effect of Amendments

D.C. Law 18-370 added subsec. (c).

The 2012 amendment by D.C. Law 19-168 added (d).

The 2013 amendment by D.C. Law 20-61, in (d), substituted “December 24, 2013” for “September 20, 2012” and “[D.C. Law 20-61, §§ 5151 to 5153]” for “[D.C. Law 19-168, §§ 5161 to 5163].”

Emergency Legislation

For temporary (90 days) amendment of this section, see § 5002(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 5002(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary amendment of section, see § 2(c) of the Public Assistance Emergency Amendment Act of 1997 (D.C. Act 12-25, February 27, 1997, 44 DCR 1778), § 2(c) of the Public Assistance Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-77, May 27, 1997, 44 DCR 3181), and § 2(c) of the Public Assistance Emergency Amendment Act of 1998 (D.C. Act 12-306, March 20, 1998, 45 DCR 1900).

For temporary amendment of section, see § 2(f) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(f) of the Self-Sufficiency Promotion Legislation Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(f) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 2(f) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).

For temporary amendment of section, see § 4(a) of the TANF-related Medicaid Managed Care Program Technical Clarification Emergency Amendment Act of 1998 (D.C. Act 12-605, January 20, 1999, 46 DCR 1287).

For temporary (90 day) amendment of section, see § 522(a) of Fiscal Year 2011 Supplemental Budget Support Emergency Act of 2010 (D.C. Act 18-694, January 19, 2011, 58 DCR 662).

For temporary (90 days) amendment of this section, see § 5153(a) 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 § 5153(a) 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).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(c) of Public Assistance Temporary Amendment Act of 1997 (D.C. Law 12-7, August 1, 1997, law notification 44 DCR 4639).

For temporary (225 day) amendment of section, see § 2(c) of Public Assistance Temporary Amendment Act of 1998 (D.C. Law 12-130, July 24, 1998, law notification 45 DCR 6501).

For temporary (225 day) amendment of section, see § 2(f) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).

For temporary (225 day) amendment of section, see § 4(a) of TANF-Related Medicaid Managed Care Program Technical Clarification Temporary Amendment Act of 1999 (D.C. Law 12-277, April 27, 1999, law notification 46 DCR 4283).

Short Title

Short title: Section 521 of D.C. Law 18-370 provided that subtitle C of title V of the act may be cited as “District of Columbia Public Assistance Amendment Act of 2010”.

Section 5151 of D.C. Law 20-61 provided that Subtitle N of Title V of the act may be cited as the “Temporary Assistance for Needy Families Time Limit Amendment Act of 2013”.

References in Text

The Time limit Act, referred to in (d), is Subtitle Q of Title V of D.C. Law 19-168, consisting of §§ 5161 to 5163. Subtitle Q added § 4-202.05(d), amended §§ 4-205.11b, 4-205.19a, 4-205.72(e), and 4-205.74(a), and enacted § 4-205.72a.

“Section 2 of the District of Columbia Public Assistance Act of 1982 Amendments Act of 1985,” referred to at the end of the subsec. (a), is § 2 of D.C. Law 6-35, which enacted this section and § 4-211.06, and amended §§ 4-205.05, 4-205.10, 4-205.11, 4-205.15, 4-205.25, 4-205.33, 4-205.50, 4-205.54, 4-205.55, 4-205.57, 4-205.59, 4-208.01, 4-210.09, 4-216.01 and 4-217.05, and repealed § 4-205.60.

Editor's Notes

Section 5163 of D.C. Law 19-168 provided that § 5162 shall apply upon certification by the Chief Financial Officer that sufficient revenue is available in the June 2012, September 2012, or December 2012 revenue estimates to fund section 10002(a)(1) and (2)(A) of D.C. Law 19-168.

Section 5152 of D.C. Law 20-61 repealed D.C. Law 19-168, § 5163.

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.

Delegation of Authority

Delegation of Rulemaking Authority to the Director of the Department of Human Services, see Mayor’s Order 2011-118, July 14, 2011 ( 58 DCR 6111).

Resolutions

Resolution 16-94, the “Incentive Payments for Eligible TANF Recipients Rulemaking Approval Resolution of 2005”, was approved effective January 4, 2005.

Resolution 16-337, the “Work Participation Allowance and Incentive Payments to Eligible TANF Recipients Proposed Rulemaking Approval Resolution of 2005”, was approved effective September 22, 2005.