Subchapter IX. Honoraria.

§ 1–321.01. Mayor’s authority to determine honorariums; deposit of funds in Treasury; receipt of honorarium without prejudice to retirement compensation; “honorarium” defined.

(a) Notwithstanding the provisions set forth in the sections mentioned in § 1-321.02, the Mayor of the District of Columbia is authorized and empowered to determine from time to time the honorariums to be paid to the members of the boards, commissions, and committees appointed and established by authority of such sections, such authority to include the power to determine the total amount per annum of any such honorarium.

(b) The funds derived from fees and charges for examinations, licenses, certificates, registrations, or for any other service rendered by any such board, commission, or committee, remaining after the payment, or provision made for payment of all obligations of the respective boards, commissions, and committees outstanding as of June 30, 1954, shall be deposited in the Treasury to the credit of the District of Columbia and on and after July 14, 1956, all moneys collected for such fees and charges shall be paid into the Treasury to the credit of the District of Columbia.

(c) Notwithstanding the limitation of any other law or regulation to the contrary, any person heretofore or hereafter appointed as a member of any such board, commission or committee may receive his honorarium as well as any retired pay, retirement compensation, or annuity to which such member may be entitled on account of previous service rendered to the United States or District of Columbia government.

(d) As used in §§ 1-321.01 to 1-321.06, “honorarium” means the fee, per diem, compensation, or any amount paid to any member of any such board, commission, or committee for service as such member. Payments made under §§ 1-321.01 to 1-321.06 shall be governed by the provisions of § 1-611.08.

(July 14, 1956, 70 Stat. 532, ch. 590, § 1; Mar. 3, 1979, D.C. Law 2-139, § 3205(oo), 25 DCR 5740.)

Prior Codifications

1981 Ed., § 1-348.

1973 Ed., § 1-254.

Section References

This section is referenced in § 1-636.02.

Cross References

Merit system, effective date provisions, see § 1-636.02.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 1–321.02. Applicability of this subchapter.

This subchapter shall apply to the boards, commissions, and committees and the members thereof, respectively, established pursuant to the following sections: 1-301.01, 3-1601 to 3-1631 [repealed], 3-1701 to 3-1719 [repealed], 3-2001 to 3-2028 [repealed], 3-2101 to 3-2132 [repealed], 3-2901 to 3-2943 [repealed], 3-2301.01 to 3-2301.10 [repealed], 3-2401 to 3-2422 [repealed], 3-2501 to 3-2508 [repealed], 3-2601 to 3-2619 [repealed], 47-2886.01 to 47-2886.18, 3-2701 to 3-2707 [repealed], 42-1701 to 42-1709, and 47-2801 to 47-2849.

(July 14, 1956, 70 Stat. 533, ch. 590, § 2; Mar. 10, 1983, D.C. Law 4-209,§ 35(d), 30 DCR 390.)

Prior Codifications

1981 Ed., § 1-349.

1973 Ed., § 1-255.

Section References

This section is referenced in § 1-321.01, § 1-321.03, § 1-321.04, and § 1-321.06.

References in Text

Sections 3-1601 through 3-1631 were repealed by D.C. Law 9-184, § 604, 39 DCR 8208, effective March 13, 1992.

Sections 3-1701 to 3-1719 and 3-2001 to 3-2028 were repealed by D.C. Law 9-245,§ 38, 40 DCR 660, effective March 17, 1993.

Sections 3-2601, 3-2886.05 through 3-2886.07, and 3-2702 have been omitted at the direction of the District of Columbia Codification Counsel.

Sections 3-2101 to 3-2132, 3-2901 to 3-2943, 3-2301.01 to 3-2301.10, 3-2401 to 3-2422 and 3-2601 to 3-2619 were repealed by D.C. Law 6-99, § 1104, effective March 26, 1986.

Sections 47-2801 through 47-2805 were repealed by D.C. Law 12-86, § 101(c), 45 DCR 1172, effective April 29, 1998.

Sections 3-2601 to 3-2608 and 3-2701 to 3-2707, referred to in this section, were repealed April 17, 1999.

§ 1–321.03. Refund of unearned fees.

Any fee or charge paid for an examination, license, certificate, or registration pursuant to any sections mentioned in § 1-321.02 shall, if not earned, be refunded upon application therefor: Provided, that application for refund is made not later than the end of the 3rd fiscal year following the fiscal year in which such fee or charge was made.

§ 1–321.04. Authority to fix and change licensing periods; proration of fee.

The Mayor of the District of Columbia is authorized, after a public hearing, to fix and change from time to time the period for which any license, certificate, or registration authorized by any section set forth in § 1-321.02 may be issued. Upon change of a license, certificate or registration period, the fee for any such license, certificate, or registration shall be prorated on the basis of the time covered.

(July 14, 1956, 70 Stat. 534, ch. 590, § 4; Apr. 18, 1978, D.C. Law 2-72, § 2, 24 DCR 7065.)

Prior Codifications

1981 Ed., § 1-351.

1973 Ed., § 1-257.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(16) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

§ 1–321.05. References to boards, commissions, and committees mentioned in this subchapter.

Whenever any board, commission, or committee, other than the Mayor of the District of Columbia, is mentioned in this subchapter, such board, commission, or committee shall be deemed to be the board, commission, or committee or other agency succeeding to the functions of the board, commission, or committee, so mentioned, pursuant to Reorganization Plan No. 5 of 1952.

(July 14, 1956, 70 Stat. 535, ch. 590, § 5.)

Prior Codifications

1981 Ed., § 1-352.

1973 Ed., § 1-258.

Change in Government

§ 1–321.06. Appropriation for administration of sections mentioned in § 1-321.02.

There is hereby authorized to be appropriated out of the revenues of the District of Columbia such sums as may be necessary to pay the expenses of administering the sections listed in § 1-321.02, including the expenses of the Department of Licenses, Investigation and Inspections, established pursuant to authority contained in Reorganization Plan No. 5 of 1952.

(July 14, 1956, 70 Stat. 535, ch. 590, § 6.)

Prior Codifications

1981 Ed., § 1-353.

1973 Ed., § 1-259.

Transfer of Functions

Functions vested in the Department of Occupations and Professions by Reorganization Order No. 59, dated June 30, 1953, were transferred to the Director of the Department of Economic Development by Commissioner’s Order No. 69-96, dated March 7, 1969. The Department of Economic Development was replaced by Mayor’s Order 78-42, dated February 17, 1978, which Order established the Department of Licenses, Investigation and Inspections. The functions of the Department of Licenses, Investigations, and Inspections were transferred to the Department of Consumer and Regulatory Affairs by Reorganization Plan No. 1 of 1983, effective March 31, 1983.