Chapter 28. General License Law.
Subchapter I. Specific Licensing Provisions.
§ 47–2801. Licenses for business or profession; application; transfer of license; signing and sealing. [Repealed]
Repealed.
§ 47–2802. Compliance with fire escape laws and regulations required for license. [Repealed]
Repealed.
§ 47–2803. Revocation of theater license for failure to comply with public decency regulations. [Repealed]
Repealed.
§ 47–2804. Separate license for each business, trade, or profession by same person; place of business restricted to that designated in license; operation under license by others prohibited. [Repealed]
Repealed.
§ 47–2805. Establishment of licensing periods by Mayor; prorating for late application. [Repealed]
Repealed.
§ 47–2805.01. Establishment of licensing periods by Mayor; prorating for late application.
The Mayor of the District of Columbia shall fix the period for which any license authorized under this subchapter may be issued in a manner consistent with the uniform master [basic] business licensing expiration date provisions as set forth in § 47-2851.09. Licenses issued at any time after the beginning of the license period as set forth in § 47-2851.09 shall date from the first day of the month in which the license was issued and end on the last day of the license period above prescribed, and payment shall be made of the proportionate amount of the bi-annual license fee or tax; provided that where the license fee is $3 or less the fee shall not be prorated; and provided further, that no fee or tax shall be prorated to an amount less than $3.
§ 47–2805.02. Requirement for social security number.
The social security number of each applicant for a license issued pursuant to this chapter, for membership in the bar of the District of Columbia Court of Appeals pursuant to § 11-2501, and for any recreational license issued in the District of Columbia shall be recorded on the application. If a number other than the social security number is used on the face of the license or membership document, the issuing agency or entity shall keep the applicant’s social security number on file and the applicant shall be so advised.
§ 47–2806. Licenses to be posted on premises; exhibition to police.
All licenses granted under the terms of this chapter must be conspicuously posted on the premises of the licensee and said licenses shall be accessible at all times for inspection by the police or other officers duly authorized to make such inspections. Licensees having no located place of business shall exhibit their licenses when requested to do so by any of the officers above named.
§ 47–2807. Construction and definition of terms.
For the purposes of this chapter, the term “person” shall signify and include firms, corporations, companies, associations, executives, administrators, guardians, or trustees; the term “agent” shall signify and include every person acting for another; the term “merchandise” shall signify and include every article of commerce whether sold in bulk or otherwise; the term “dealers” shall signify and include every person engaged in selling or offering for sale any description of merchandise or property. Words of 1 number shall signify and include words of both numbers, respectively, and words of 1 gender shall signify and include words of every gender, respectively; provided, that nothing in this chapter shall be interpreted as repealing any specific act of Congress or any of the police or building regulations of the District of Columbia regarding the establishment or conduct of the businesses, trades, professions, or callings named in this chapter and not inconsistent with the provisions of this chapter.
§ 47–2808. Auctioneers; temporary licenses; penalty for failure to account.
(a) Auctioneers shall pay a license fee of $222 per annum.
(b) The Mayor may issue a temporary auctioneer license to a person, firm, partnership, association, organization, or corporation engaged in or existing for charitable, benevolent, eleemosynary, humane, religious, philanthropic, recreational, social, educational, civic, fraternal, or other nonprofit purpose and to a citizen-service program established pursuant to [§ 1-1163.38]. The fee for a temporary auctioneer license shall be $50. A temporary auctioneer license shall be valid for a period of not more than 7 calendar days as specified on the face of the license. The Mayor may amend the fee to be charged for a temporary auctioneer license to an amount not to exceed the reasonably estimated cost of performing administrative duties pertaining to the issuance of this license in accordance with the provisions of subchapter I of Chapter 5 of Title 2.
(c) No license shall issue hereunder without the approval of the Chief of Police. If any licensed auctioneer or any holder of a temporary auctioneer license, his agent or employee, shall convert to his own use in the District of Columbia any goods, wares, merchandise, or personal property of any description, or the proceeds of the same, and shall fail to pay over the avails or proceeds from the sale thereof, less his proper charges, within 5 days after receiving the money or its equivalent from the purchaser or purchasers of said goods, wares, merchandise, or personal property of any description, and after demand made therefor by the person entitled to receive the same, or his or her duly authorized agent, he shall be deemed guilty of a misdemeanor, and upon information and conviction in the Superior Court of the District of Columbia shall be fined not more than the amount set forth in [§ 22-3571.01] or be imprisoned not exceeding 6 months, or both, in the discretion of the court. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this section, or any rules or regulations issued under the authority of this section, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2. Nothing herein contained shall be construed to repeal or alter the provisions of subchapter I of Chapter 27 of this title.
(d) Any permit issued pursuant to this section shall be issued as an Inspected Sales and Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2809. Barbershops and beauty parlors.
(a) Owners or managers of barbershops, beauty parlors, beauty salons, vanity shops, or shingle shops, by whatsoever name called, where hair cutting, hair dressing, hair dyeing, manicuring, and kindred acts are practiced shall pay a license fee of $60 biennially. In addition, any person who independently leases, rents, or is otherwise authorized to occupy a barbershop chair or a beauty shop booth from the owner of any such shop or establishment shall pay a license fee of $60 biennially for each such chair or booth so leased, rented or otherwise occupied.
(b) Any license issued pursuant to this section shall be issued as a Public Health: Public Accommodations endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2809.01. Body art establishments.
(a) For the purposes of this section and Part D-i of Subchapter I-B of this chapter, the term:
(1) “Board” means the Board of Barber and Cosmetology.
(2) “Body art” or “body art procedure” means the process of physically modifying the body for cosmetic or other non-medical purposes, including tattooing, body piercing, and fixing indelible marks or figures on the skin through scarification, branding, tongue bifurcation, and tissue removal.
(3) “Body artist” means an individual who is licensed under this chapter to perform body art procedures.
(4) “Body art establishment” means any structure or venue, whether temporary or permanent, where body art procedures are performed.
(5) “Body piercing” means the perforation of any human body part followed by the insertion of an object, such as jewelry, for cosmetic or other nonmedical purposes by using any of the following instruments, methods, or processes: stud and clasp, captive ball, soft tissue, cartilage, surface, surface-to-surface, microdermal implantation or dermal anchoring, subdermal implantation, and transdermal implantation. The term “body piercing” shall not include nail piercing.
(6) “Branding” means the process of applying extreme heat with a pen-like instrument to create an image or pattern.
(7) “Cleansing product” means any material used to apply cleansing agents to the skin, such as cotton balls, tissue or paper products, paper or plastic cups, towels, gauze, or sanitary coverings.
(8) “Operator” means any person who owns, controls, or operates a body art establishment, whether or not the person actually performs body art procedures.
(9) “Sanitization” means the reduction of the population of microorganisms to safe levels, as determined by the Department of Health, by a product registered with the Environmental Protection Agency (“EPA”) or by chemical germicides that are registered with the EPA as hospital disinfectants.
(10) “Scarification” means the placing of an indelible mark on the skin by the process of cutting or abrading the skin to bring about permanent scarring.
(11) “Sharps” means any object, sterile or contaminated, that may penetrate the skin or mucosa, including presterilized single needles, scalpel blades, and razor blades.
(12) “Single-use” means products or items intended for one-time use that are disposed of after use on a client.
(13) “Sterilization” means the process of destruction of all forms of life by physical or chemical means.
(14) “Tattoo” means the placing of pigment into the skin dermis for cosmetic or other nonmedical purposes, including the process of micropigmentation or cosmetic tattooing.
(15) “Tissue removal” means placing an indelible mark or figure on the skin through removal of a portion of the dermis.
(16) “Tongue bifurcation” means the cutting of the tongue from tip to part of the way toward the base, forking at the end.
(b)(1) The Department of Health shall regulate body art establishments to ensure that such establishments have adequate health, sanitization, sterilization and safety methods, procedures, equipment, and supplies by:
(A) Establishing minimum sterilization, sanitation, health, and safety standards for the operation of such establishments as may be necessary to prevent infection and contamination of equipment, supplies, or work surfaces with pathogenic organisms; and
(B) Establishing and imposing operational licensing, registration requirements, and associated fee schedules.
(2) Within 180 days of [October 23, 2012], the Department of Health shall issue rules to implement the provisions of paragraph (1) of this subsection.
(c)(1) All body art establishments offering tattooing procedures shall conspicuously post a written disclosure that states the following:
The United States Food and Drug Administration has not approved any pigment color additive for injectable use as tattoo ink. There may be a risk of carcinogenic decomposition associated with certain pigments when the pigments are subsequently exposed to concentrated ultra-violet light or laser irradiation.”
(2) All body art establishments offering tattooing procedures shall maintain documentation on the premises containing the following information and shall disclose such information to customers upon request:
(A) The components of the pigments used in the body art establishment;
(B) The names, addresses, and telephone numbers of the suppliers and manufacturers of pigments used in the body art establishment for the past 3 years; and
(C) Identification of any recalled pigments used in the establishment for the past 3 years and the supplier and manufacturer of each pigment.
(3) All body art establishments shall maintain and use regularly calibrated autoclave equipment for the sterilization of any non-disposable body art equipment, at a frequency to be established by the Department of Health.
(4) Only single-use disposable sharps, pigments, gloves, and cleansing products shall be used in connection with body art procedures in body art establishments, in accordance with rules established by the Department of Health pursuant to subsection (b) of this section.
(5) A body art establishment that is in violation of this subsection shall be subject to license suspension or revocation and a maximum fine of $2,500.
(d)(1) No person shall operate a body art establishment or perform body art procedures in a body art establishment unless that establishment has obtained a valid body art establishment license issued by the Mayor.
(2) No body art establishment shall employ or permit body artists to perform body art procedures in the body art establishment unless the body artist holds a valid body art license issued by the Mayor.
(3) Any person violating paragraph (1) or (2) of this subsection shall, upon conviction, be deemed guilty of a misdemeanor and may be punished by a fine not exceeding $2,500, imprisonment for not more than 3 months, or both.
§ 47–2810. Conventions of national associations of hairdressers or cosmetologists exempted.
The provisions of Chapter 20 [repealed] of Title 3 and of § 47-2809 shall not be applicable to activities conducted in connection with any bona fide regularly scheduled national annual convention of any national association of professional hairdressers or cosmetologists, from which the general public is excluded.
§ 47–2811. Massage establishments; Turkish, Russian, or medicated baths.
(a) No person shall offer or administer for commercial purposes a massage unless licensed pursuant to Chapter 12 of Title 3.
(b) Repealed.
§ 47–2812. Public baths.
Owners or managers of establishments where public baths are supplied to transients shall pay a license fee of $152 per annum.
§ 47–2813. Keeping or storing of moving picture films. [Repealed]
Repealed.
§ 47–2814. Gasoline, kerosene, oils, fireworks, and explosives.
(a) Owners or managers of establishments where gasoline or oils of like grade are sold shall pay a license fee of $17 per annum for each pump used in dispensing said gasoline or oils.
(b) Owners or managers of establishments where kerosene, oils, or gasoline of like grade are stored underground shall pay a license fee of $80 per annum, and where such like grade kerosene, oils, or gasoline are stored in above-ground tanks the license fee shall be $94 per annum.
(c) Owners or managers of establishments where kerosene or like grade is kept for sale shall pay a license fee of $19 per annum, and where oil or grease of like grade is kept for sale, the license fee shall be $30 per annum, and where coal is kept for sale, the license fee shall be $94 per annum, and where kerosene, gasoline, or oil is sold through a metering device, the license fee shall be $64 per annum.
(d) Owners or managers of establishments where fireworks are stored or are kept for sale at wholesale or at both wholesale and retail shall pay a license fee of $760. Owners or managers of establishments where fireworks are kept for sale at retail shall pay a license fee of $100.
(e) Owners or managers of establishments where explosives of any kind, including ammunition but excluding fireworks, are stored or are kept for sale at wholesale or at both wholesale and retail shall pay a license fee of $760. Owners or managers of establishments where explosives of any kind, including ammunition but excluding fireworks, are kept for sale at retail shall pay a license fee of $47.
(f) No license shall be issued under this section without the approval of the Fire Marshal of the District of Columbia.
(g) Any license issued pursuant to this section shall be issued as an Environmental Materials endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2815. Pyroxylin.
(a) Owners or managers of establishments where pyroxylin is kept or stored for painting or spraying shall pay a license fee of $50 per annum. No license shall issue hereunder without the approval of the Fire Marshal of the District of Columbia.
(b) Any license issued pursuant to this section shall be issued as an Environmental Materials endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2816. Abattoirs or slaughterhouses. [Repealed]
Repealed.
§ 47–2817. Laundries; dry cleaning and dyeing establishments.
(a) Owners or managers of laundries operated other than by hand power shall pay a license fee of $188 biennially.
(b) Repealed.
(c)(1) Owners or managers of dry cleaning or dyeing establishments shall pay a license fee of $222 biennially.
(2) Any license issued pursuant to this subsection shall be issued as an Environmental Materials endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
(d) Any license issued pursuant to this section, shall be in addition to those required under subsection (c)(2) of this section, if any, and shall be issued as a General Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2818. Mattress manufacture, renovation, storage, or sale; “mattress” defined.
(a)(1) Persons engaged in the business of manufacturing or renovating mattresses shall pay a license fee of $476 biennially.
(2) Any license issued pursuant to this subsection shall be issued as a Manufacturing endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
(b)(1) Owners or managers of establishments where mattresses are stored, sold, or kept for sale shall pay a license fee of $34 biennially.
(2) Any license issued pursuant to this subsection shall be issued as a General Sales endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
(c) Within the meaning of this section, the term “mattress” shall be deemed to include any quilt, comforter, pad, pillow, cushion, or bag stuffed with hair, down, feathers, wool, cotton, excelsior, jute, or any other soft material and designed for use for sleeping or reclining purposes.
§ 47–2819. Slot machines. [Repealed]
Repealed.
§ 47–2820. Theaters, moving pictures, skating rinks, dances, exhibitions, lectures, entertainments; assignment of police and firemen and additional fees based thereon; hours minors are prohibited on premises.
(a) Owners or managers of theaters in which moving pictures are displayed, for profit or gain, shall pay a license fee of $830 biennially.
(b) Owners or managers of buildings in which skating rinks, fairs, carnivals, balls, dances, exhibitions, lectures, or entertainments of any description including theatrical or dramatic performances of any kind are conducted, for profit or gain, shall pay a license fee of $500 per annum; provided, that for entertainments, concerts, or performances of any kind where the proceeds are intended for church or charitable purposes, and where no rental is charged, no license shall be required; provided further, that when, in the opinion of the Chief of Police and the Fire Chief of the District of Columbia, or either of them, it is necessary to post policemen or firemen, or both, at, on, and about the licensed premises for the protection of the public safety, in addition to the license fee provided for above, such owners or managers shall pay a further monthly permit fee, to be determined monthly by the said Chief of Police and Fire Chief, or either of them, based upon a reasonable estimate of the number of hours to be spent by policemen and firemen at, on, and about the licensed premises, this fee to be payable in advance on the first day of the month for which the permit is sought. Policemen and firemen so assigned shall be charged for by the hour at the basic daily wage rate of policemen and firemen so assigned in effect the first day of the month for which the permit is sought.
(b-1)(1)(A) Before granting or renewing a license under subsection (b) of this section, the Mayor shall give 30-days notice by mail to the affected Advisory Neighborhood Commission and by publication in the District of Columbia Register. The notice shall contain the name of the applicant and a description, by street and number, or other plain designation, of the particular location for which the license is requested. The notice shall state that any resident or owner of residential property within 600 feet of the boundary lines of the lot upon which is situated the establishment for which the license is requested who objects to the granting of the license is entitled to be heard before the granting or renewal of the license and shall name the time and place of the hearing.
(B) The applicant shall post 2 notices for a period of 4 weeks in conspicuous places on the outside of the premises. The notices to be posted shall state that any resident or owner of residential property within 600 feet of the boundary lines of the lot upon which is situated the establishment for which the license is requested who objects to the license is entitled to be heard before the granting or renewal of the license and shall name the same time and place for the hearing as set out in the notice mailed and published by the Mayor.
(C) If an objection to the granting or renewal of the license is filed, no final action shall be taken by the Mayor until the resident or owner of residential property within 600 feet of the boundary lines of the lot upon which is situated the establishment for which the license is requested who objects has an opportunity to be heard, under the rules and regulations to be issued by the Mayor.
(2) Upon objection, a hearing shall be held by the Mayor to determine the following:
(A) The effect of the establishment on the peace, order, and quiet of the neighborhood or portion of the District of Columbia; and
(B) The effect of the establishment on the residential parking needs and vehicular and pedestrian safety of the neighborhood.
(3) The Mayor shall rule on the application within 30 days of the hearing.
(4) The license shall be renewed annually.
(b-2) Any applicant who holds a valid class C or D license issued pursuant to Chapter 1 of Title 25 and who holds a certificate of occupancy for less than 401 persons shall be exempt from the provisions of subsection (b)(1) of this section.
(c) [Repealed].
(d) [Repealed].
(e) Any license issued pursuant to this section shall be issued as an Entertainment endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2821. Bowling alleys; billiard and pool tables; games.
(a) Owners or managers of establishments where bowling alleys, billiard or pool tables, or any table, alley, or board upon which legitimate games are played, shall, when they are operated or conducted for public use, or for profit or gain, pay a license tax of $39 per annum for each such alley, board, or table. No license shall issue under this section without the approval of the Chief of Police; provided, that in case of refusal of said Chief of Police to approve said license, or upon written protest of a majority or more of the property owners or residents of the block in which it is proposed to grant such license, an appeal may be taken to the Mayor of the District of Columbia, whose decision shall be final.
(b) Any license issued pursuant to this section shall be issued as an Entertainment endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2822. Shooting galleries. [Repealed]
Repealed.
§ 47–2823. Baseball, football, and athletic exhibitions; assignment of police and firemen; amusement parks.
(a)(1) Owners or managers of grounds used for baseball, football, or other athletic exhibitions to which an admission fee is charged, directly or indirectly, shall pay a license fee of $17 per annum.
(2) When, in the opinion of the Chief of Police and Fire Chief of the District of Columbia, or either of them, it is necessary to post policemen or firemen, or both, at, on, and about the licensed premises for the protection of the public safety, in addition to the license fee provided for above, such owners or managers shall pay a further monthly permit fee, to be determined monthly by the said Chief of Police and Fire Chief, or either of them, based upon a reasonable estimate of the number of hours to be spent by policemen and firemen, or either of them, at, on, and about the licensed premises, such fee to be payable in advance on the first day of the month for which the permit is sought. Policemen and firemen so assigned shall be charged for by the hour at the basic hourly wage rate of the policemen and firemen so assigned in effect on the first day of the month for which the permit is sought.
(b) Owners or managers of grounds used for amusement parks, to which an admission is charged, directly or indirectly, other than those used for athletic exhibitions, shall pay a license fee of $208 per annum. Annual licenses issued under this section shall date from April 1st in each year.
(c) Any license issued pursuant to this section shall be issued as an Entertainment endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2824. Swimming pools.
(a) Owners or managers of swimming pools, indoor or outdoor, shall pay a license fee of $319 per annum.
(b) Any license issued pursuant to this section shall be issued as a Public Health: Public Accommodations endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2825. Circuses.
(a) Proprietors or owners of a circus transported by railroad into the District of Columbia shall pay a license fee of $19 per day for each carload of circus equipment, and proprietors or owners of any circus transported by wagons or motor trucks into the District of Columbia shall pay a license tax of $14 per day for each motortruck load or wagon load of circus equipment, but not to exceed $875 per day.
(b) Any license issued pursuant to this section shall be issued as an Entertainment endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2826. Special events.
(a) Owners, managers, or promoters of carnivals or fairs, by whatsoever name called, conducted for profit or gain, and not held in any building or structure licensed under this chapter, shall pay a license fee of $158 per day.
(b) The Mayor may adjust the license fee set in subsection (a) of this section to cover the costs to the District of providing police, fire, and other public services that are necessary to protect public health and safety.
(c) Any license issued pursuant to this section shall be issued as an Entertainment endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
(d)(1) A person or entity granted a license in accordance with this section for an event where 100 or more attendees are anticipated shall provide infrastructure onsite for the separation and recycling of recyclable waste generated at the event.
(2) A license holder who violates paragraph (1) of this subsection shall be subject to a fine of up to $ 5,000 per day.
(3) The Mayor, pursuant to [Chapter 5 of Title 2 (§ 2-501 et seq.)], may issue rules to implement the provisions of this subsection, including a fee to offset the cost of implementation.
(e)(1) There is established as a special fund the MPD Overtime Reimbursement Fund (“Fund”), which shall be administered by the Metropolitan Police Department (“MPD”) in accordance with paragraph (3) of this subsection.
(2) Except as provided in § 1-325.81, revenue from the following sources shall be deposited in the Fund:
(A) Fees paid pursuant to this section related to police services; and
(B) Fees paid pursuant to [§ 5-129.71].
(3) Money in the Fund shall be used for the purpose of reimbursing MPD for the cost of overtime needed to:
(A) Staff special events such as parades, carnivals, and movie productions; and
(B) Provide security details to establishments, such as bars, nightclubs, and sports teams, that pay for extra police coverage.
§ 47–2827. Commission merchants in food; bakeries; bottling, candy-manufacturing, and ice cream manufacturers; groceries; markets; delicatessens; restaurants; private clubs; wholesale fish dealers; dairies.
(a) Commission merchants dealing in food or food products shall pay a license fee of $645 per annum.
(b)(1) Owners or managers of bakeries, candy-manufacturing establishments, grocery stores, marine products or fish sold at retail, meat shops and market stands handling food or food products shall pay a license fee of $222 biennially.
(2) If any licensee under this section shall conduct upon the same premises more than one calling listed in paragraph (1) of this subsection, no additional fee shall be required.
(3)(A) Subject to the provisions of subparagraph (B) of this paragraph, a grocery store that is a development of a qualified supermarket as defined in § 47-3801, shall be exempt from the license fee imposed by this subsection for the first 10 years beginning after the date of issuance of the final certificate of occupancy for the supermarket.
(B) The license fee exemption granted by subparagraph (A) of this paragraph shall apply only:
(i) During the time that the real property is used as a supermarket;
(ii) In the case of the development of a qualified supermarket on real property not owned by the supermarket, if the owner of the real property leases the land or structure to the supermarket at a fair market rent reduced by the amount of the real property tax exemption provided by § 47-1002(23); and
(iii) During the time that the supermarket development is in compliance with the requirements of subchapter X of Chapter 2 of Title 2.
(c) Owners or managers of delicatessens, ice cream parlors, soda fountains, or soft drink establishments shall pay a license fee of $133 per annum; provided, that if any licensee hereunder shall conduct upon the same premises more than 1 of the callings herein listed, or listed in subsection (b) of this section, no additional fee shall be required.
(d) Owners or managers of ice cream manufacturing establishments shall pay a license fee of $1,050 per annum; provided, that if any licensee hereunder shall conduct upon the same premises more than 1 of the callings listed in subsections (b) and (c) of this section, no additional fee shall be required.
(e)(1) Owners or managers of restaurants or private clubs shall pay a license fee based upon seating capacity as follows:
0-10 seats $133 per annum;
11-50 seats $166 per annum;
51-100 seats $199 per annum; and
101 seats and over $232 per annum.
(2) Within the meaning of this subsection a restaurant shall be any place where food or refreshments are served to transient customers to be eaten on the premises where sold.
(3) Licenses to operate restaurants or cafeterias in the District of Columbia public schools shall be issued at no charge to the Board of Education.
(4) If any licensee hereunder shall conduct upon the same premises more than 1 of the callings listed in subsections (b) and (c) of this section, no additional fee shall be required.
(f) Wholesale dealers in fish or other marine products shall pay a license fee of $429 per annum.
(g) Owners or managers of dairies shall pay a license fee of $3,300 per annum.
(h) All dealers in food or food products not listed herein, or elsewhere in this chapter shall pay a license fee of $111 per annum.
(i) Licenses for Candy Manufacturers, Commercial Merchant Food, Ice Cream Manufacturers, Marine Product suppliers, and other wholesale food establishments shall be issued under the master business license system as a Food Establishments: Wholesale endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
(j) Licenses for Bakeries, Delicatessens, Food Product suppliers, Groceries, Supermarkets, and other retail food establishments shall be issued under the master business license system as a Food Establishments: Retail endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
(k) The Mayor may adjust, by rule, the fees established by this section.
§ 47–2828. Classification of buildings containing living quarters for licenses; fees; buildings exempt from license requirement.
(a) The Council of the District of Columbia is authorized and empowered to classify, according to use, method of operation, and size, buildings containing living or lodging quarters of every description, to require licenses for the business operated in each such building as in its judgment requires inspection, supervision or regulation by any municipal agency or agencies, and the Mayor of the District of Columbia is authorized and empowered to fix a schedule of license fees therefor in such amount as, in his judgment, will be commensurate with the cost to the District of Columbia of such inspection, supervision or regulation: owners of residential buildings in which one or more dwelling units or rooming units are offered for rent or lease shall obtain from the Mayor a license to operate such business.
(a-1)(1) An owner of a residential building in which one or more dwelling units or rooming units are offered for rent or lease shall provide to the Mayor a 24-hour accessible telephone number and publicly post the telephone number in the residential building.
(2) The telephone number required pursuant to this subsection shall be continuously and conspicuously posted for residents to view. Any change in a posted telephone number shall be provided to the Mayor and the correct number posted in the building as required by this subsection within a reasonable amount of time, as determined by the Mayor or as set forth in rules issued pursuant to this subsection.
(3) The failure to post and maintain a telephone number as required by this subsection shall be a civil infraction for the purposes of [[Chapter 18 of Title 2]], and an owner found in violation may be subject to suspension or revocation of the owner's basic business license.
(b) Licenses for hotels, inns and motels, boarding houses and rooming houses, bed and breakfasts, and other transient Housing businesses shall be issued under the basic business license system as a Housing: Transient endorsement on a basic business license.
(c)(1) Licenses for apartment houses, all community based residential facilities, and other residential Housing businesses shall be issued under the basic business license system as a Housing: Residential endorsement on a basic business license.
(2) As a condition of licensure, apartment houses, all community-based residential facilities, and other residential housing businesses shall post and provide to the Mayor a telephone number as required by subsection (a-1) of this section.
(c-1)(1) Licenses for short term rentals in dwellings shall be issued under the basic business license system as a "Short Term Rental" endorsement on a basic business license.
(2) Licenses for vacation rentals, defined as short-term rentals that operate within a host's residential property wherein a transient guest has exclusive use of the host's property during the transient guest's stay and the host is not present on the premises, shall be issued under the basic business license system as a "Short Term Rental: Vacation Rental" endorsement on a basic business license.
(d) Licenses for businesses engaged in home improvement services issued under this section shall be issued as a General Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2829. Vehicles for hire; identification tags on vehicles; vehicles for school children; ambulances, private vehicles for funeral purposes; issuance of licenses; payment of fees.
(a) Notwithstanding any other provision of law, the District government shall not issue or reissue a license or permit to any applicant for a license or permit if the applicant:
(1) Owes the District more than $100 in outstanding fines, penalties, or interest assessed pursuant to the following acts or any regulations promulgated under the authority of the following acts, the:
(A) Litter Control Administrative Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-801 et seq.);
(B) Illegal Dumping Enforcement Act of 1994, effective May 20, 1994 (D. C. Law 10-117; D.C. Official Code § 8-901 et seq.);
(C) District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104; D.C. Official Code § 50-2301.01 et seq.);
(D) Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.);
(E) Department of For-Hire Vehicles Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301.01 et seq.); or
(F) The Compulsory/No-Fault Motor Vehicle Insurance Act of 1982, effective September 18, 1982 (D.C. Law 4-155; D.C. Official Code § 31-2401 et seq.)
(2) Owes the District more than $100 in past due taxes;
(3) Owes fines assessed to car dealers pursuant to section 2(i) of the District of Columbia Revenue Act of 1937, approved August 17, 1937 (50 Stat. 680; D.C. Official Code § 50-1501.02(i));
(4) Owes parking fines or penalties assessed by another jurisdiction; provided, that a reciprocity agreement is in effect between the jurisdiction and the District; or
(5) Owes past due District of Columbia Water and Sewer Authority service charges or fees.
(b) Any person, partnership, association, trust, or corporation operating or proposing to operate any vehicle or vehicles not confined to rails or tracks for the transportation of passengers for hire over all or any portion of any defined route or routes in the District of Columbia, shall, on or before the first day of October in each year, or before commencing such operation, submit to the Mayor, in triplicate, an application for license, stating therein the name of such person, partnership, association, trust, or corporation, the number and kind of each type of vehicle to be used in such operation, the schedule or schedules and the total number of vehicle miles to be operated with such vehicles within the District of Columbia during the 12-month period beginning with the first day of November in the same year; provided, that the provisions of this subsection shall not apply to companies operating both street railroad and bus services in the District of Columbia which pay taxes to the District of Columbia on their gross receipts; provided, that the provisions of this subsection shall not apply to the Washington Metropolitan Area Transit Authority. The Mayor shall thereupon verify and approve, or return to the applicant for correction and resubmission, each such statement. Upon receipt of the approved copy, and prior to the first day of November in the same year, or before commencing such operation, each such applicant shall pay to the Collector of Taxes, in lieu of any other personal or license tax, in connection with such operation, the sum of $.01 for each vehicle mile proposed to be operated in the District of Columbia in accordance with the application as approved. Upon presentation of the receipt for such payment, the Mayor of the District of Columbia or his designated agent shall issue a license authorizing the applicant to carry on the operations embodied in the approved application. No increase of operations shall be commenced or continued unless and until an application similar to the original and covering such increase in operation shall have been approved and forwarded in the same manner and the corresponding additional payment made and license issued. No license shall be issued under the terms of this subsection without the approval of the Mayor.
(c) Repealed.
(d) Owners of taxicabs shall pay an annual license tax of an amount set by the Department of For-Hire Vehicles for each taxicab which is to be operated in the District. The Department of For-Hire Vehicles is authorized to make all reasonable and usual regulations for the control of taxicabs, and the Mayor shall make and enforce all reasonable and usual regulations he or she may consider necessary for vehicles licensed under the preceding subsections and § 47-2831.
(e)(1) No person shall engage in driving or operating any vehicle licensed under the terms of subsection (d) of this section without having procured from the Mayor of the District of Columbia a license which shall not be issued except upon evidence satisfactory to the Mayor of the District of Columbia that the applicant is a person of good moral character and is qualified to operate the vehicle, and upon payment of an annual license fee of an amount set by the Mayor. The license shall be displayed within the vehicle at all times while the licensee is engaged in driving any vehicle licensed under the terms of subsection (d) of this section. Application for the license shall be made in the form as shall be prescribed by the Mayor of the District of Columbia. No license issued under the provisions of this subsection shall be assigned or transferred. All operators of taxicabs shall first procure from the Department of For-Hire Vehicles a license to operate a taxicab, which license shall be personal and nontransferable, upon payment of an annual license fee of an amount set by the Mayor. The Department of For-Hire Vehicles may issue a license of less than 1 year to operate a taxicab.
(2) Upon March 15, 1985, the following additional licensing requirements shall apply to all persons who apply for a license to operate any public vehicle-for-hire licensed under the terms of subsections (d) and (h) of this section:
(A) Completion of the primary public passenger vehicle-for-hire license training course as established by the Department of For-Hire Vehicles for a fee of no less than $100 per person. Upon completion of the course, the applicant shall be issued a certificate of completion that shall include the date of completion and shall be presented to the Office of Client Services of the Department of For-Hire Vehicles with the application for a license. Before issuing the certificate, each person shall have passed an examination consisting of the subject matters taught in the course and an evaluation of the person’s English communication skills. At a minimum, the training course and any refresher course provided by the Department of For-Hire Vehicles shall be designed to develop the applicant’s knowledge of the following:
(i) The geography of the District, with particular emphasis on major streets throughout the District, significant government buildings, attractions, and tourist sites, and historical knowledge of the District;
(ii) District laws and regulations governing the taxicab industry and the penalties for violating these laws and regulations;
(iii) District traffic laws and regulations and the penalties for violating these laws and regulations, including:
(I) The rights and duties of motorists, which include not blocking the crosswalk or intersection, and not driving or stopping in a bicycle lane;
(II) The rights and duties of pedestrians; and
(III) The rights and duties of bicyclists.
(iv) Public relations skills, including cultural awareness and sensitivity training, appropriate social customs and courtesies that should be extended to the public, conflict resolution, and knowledge of the hospitality industry;
(v) Small business practices, including methods of accounting and manifest maintenance, fare computations for intra-District trips and interstate trips, and general management principles;
(vi) Driving skills and knowledge of the rules of the road; and
(vii) The legal requirements that apply to transportation of persons with disabilities, including providing equal access to transportation and complying with the Americans with Disabilities Act of 1990, approved July 26, 1990 (104 Stat. 328; 42 U.S.C. § 12101 et seq.) (“ADA”).
(A-i) All courses for operators of wheelchair-accessible taxicabs shall provide training as to:
(i) The legal requirements that apply to transportation of persons with disabilities, including providing equal access to transportation and complying with the ADA;
(ii) Passenger assistance techniques, including a review of various disabilities, hands-on demonstrations of how to assist those with disabilities, mobility equipment training (including familiarity with lift and ramp operations and various types of wheelchairs and personal mobility devices), and safety procedures;
(iii) Training with an actual person using a wheelchair or personal mobility device;
(iv) Sensitivity training, including customer service and conflict resolution techniques; and
(v) Overall training in passenger relations and courtesy.
(B) Completion of an examination which shall consist of a minimum of 60 questions, the passing grade of which shall be 70% answered correctly, which shall, at a minimum, test:
(i) The applicant’s fitness for licensure based upon knowledge of the location of addresses, significant government buildings, and tourist sites, and an understanding of the Capital City Plan;
(ii) The applicant’s fitness for licensure based upon the areas covered in the hacker’s license training course, exclusive of geography;
(iii) The applicant’s knowledge of the District, through a minimum of 5 written questions, which shall require the applicant to state the route to arrive at a destination from a particular location; and
(iv) Selected areas, through a minimum of 5 oral questions, covered in the hacker’s license training course, exclusive of geography, and the applicant’s ability to communicate in English.
(C) Each applicant may repeat the examination no more than 3 times. Upon the third failure, an applicant must repeat the hacker’s license training course and present a new certificate of completion before being allowed to take the examination again. The Office of Client Services of the Department of For-Hire Vehicles, shall construct a pool of no fewer than 300 questions from which questions shall be drawn for each examination that is administered. This pool shall be prohibited from public dissemination and shall be substantially revised at a minimum of every 2 years to protect the integrity of the examination.
(D) Upon passage of the examination, each applicant has 90 days in which to complete the application process for licensure. After 90 days, the passing score from the prior examination is no longer valid for licensure, and the applicant must repeat the license training course, present a new certificate of completion, and retake the examination.
(e-1) The Department of For-Hire Vehicles may develop procedures to evaluate the record of a taxicab operator’s license under the terms of subsection (e) of this section, and the owners of taxicabs licensed under the terms of this subsection. The record maintained by the Office of Client Services of the Department of For-Hire Vehicles for each licensee shall contain any violations associated with the license upon the final determination of liability by any governmental body charged with adjudicating violations. Any procedure shall clearly state the grounds for suspension or revocation of a license. If the license of a person licensed pursuant to subsection (e) of this section is revoked, the person must complete the requirements contained in subsections (e)(2)(A) and (B) of this section before the person may receive a new license. If the license of a person licensed pursuant to subsection (e) of this section is suspended, the licensee must complete the requirements contained in subsection (e)(2)(A) of this section and present to the Department of For-Hire Vehicles the certificate of completion of the required course before reinstatement.
(e-2) The Department of For-Hire Vehicles shall make the following information available for public inspection: The name of each person licensed under the terms of subsections (c) and (d) of this section; the licensee’s annual license number; the name of the association, corporation, or organization that maintains the lease or membership agreement with the licensee; any monetary fine, suspension, or revocation action taken against the licensee; where applicable, a certificate of completion by the licensee of the training course established pursuant to subsection (e-1) of this section; a record of any criminal conviction of the licensee within the last 3 years; and, any points assessed against the licensee’s District of Columbia operators permit. The records shall be cross-referenced to the association, corporation, or organization.
(e-3) The Department of For-Hire Vehicles may issue rules to implement the provisions of subsections (e) through (e-2) of this section pursuant to subchapter I of Chapter 5 of Title 2.
(e-4) The Department of For-Hire Vehicles shall, by regular mail and within 5 business days of a final decision of suspension, revocation, or non-renewal of a taxicab operator license, notify the association, corporation, organization, or person that maintains a taxicab lease or taxicab association or company membership agreement with the operator that the operator’s privilege to operate a taxicab in the District of Columbia has been suspended, revoked, or not renewed. The association, corporation, organization, or person that maintains a lease with the operator shall upon receipt of the notice terminate any lease agreement, written or otherwise, with the operator, and shall take reasonable steps to assure the return to the owner of any vehicle leased to the operator. The Department of For-Hire Vehicles shall promulgate regulations to carry out the purposes of this subsection.
(f) All vehicles licensed under this section shall bear such identification tags as the Council of the District of Columbia may from time to time direct; and nothing herein contained shall exempt such vehicles from compliance with the traffic and motor vehicle regulations of the District of Columbia.
(g) Nothing in this subsection shall be construed to require the procuring of a license, or the payment of a tax, with respect to a vehicle owned or operated by a state or local government or a subdivision or instrumentality thereof which is being used to transport school children, their teachers, or escorts to the District of Columbia from the state in which their school is located.
(h) Except as otherwise provided in subsections (d) and (e) of this section, owners of motor vehicles for hire used for any purpose, including, but not limited to, owners of ambulances for hire, and owners of passenger vehicles which, when used for hire, are used exclusively for funeral purposes, and, owners of passenger vehicles used exclusively for contract livery services for which the rate is fixed solely by the hour, and owners of passenger vehicles for hire used for sightseeing purposes shall pay a license tax of an amount set by the Mayor for each vehicle having a seating capacity of 12 or less passengers exclusive of the driver used in the conduct of their business. License endorsements requested by this subsection, excluding that of ambulances, shall be issued by the Department of Public Works. Licenses requested by this subchapter for ambulances shall be issued by the Department of Health as an Inspected Sales and Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
(i) No person shall engage in driving or operating any vehicle licensed under the terms of subsection (h) of this section without having procured from the Mayor of the District of Columbia or his designated agent a license which shall only be issued upon evidence satisfactory to the Mayor of the District of Columbia, that the applicant is a person of good moral character and is qualified to operate such vehicle, and upon payment of an annual license fee of an amount set by the Mayor. Such license shall be carried upon the person of the licensee or in the vehicle while engaged in driving such vehicle when such vehicle is being used for hire. Application for such license shall be made in such form as shall be prescribed by the Mayor of the District of Columbia. Each annual license issued under the provisions of this paragraph shall be numbered, and there shall be kept in the Office of Client Services of the Department of For-Hire Vehicles a record containing the name of each person so licensed, his annual license number and all matters affecting his qualifications to be licensed hereunder. No license issued under the provisions of this subsection shall be assigned or transferred.
(j)(1) The Department of For-Hire Vehicles may establish, by rulemaking, limits on the number of operator’s licenses or vehicle licenses that the agency issues; provided, that the Department of For-Hire Vehicles shall not establish limits without first making a determination that the limits are in the public interest and do not unduly and significantly harm the taxicab industry in the District.
(2) Proposed rules under paragraph (1) of this subsection shall be submitted to the Council for a 60-day review period, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules by resolution within this 60-day review period, the proposed rules shall be deemed approved.
(3) [Repealed].
(4) The Department of For-Hire Vehicles shall create a single public vehicle-for-hire driver’s license that entitles the holder to operate any public vehicle-for-hire, including a taxicab, limousine, sedan-class vehicle, and other classes of public vehicles for hire. This license shall be granted by the Department of For-Hire Vehicles through a single course, examination, and licensure application process.
(5) The Department of For-Hire Vehicles shall seek to actively license public vehicle-for hire drivers and vehicles.
(k) A person who resides in the District of Columbia, the State of Maryland, or the Commonwealth of Virginia shall be eligible to apply for an operator and vehicle license to operate a public vehicle-for-hire.
(l) This section shall not apply to a private vehicle-for-hire operator affiliated with a private vehicle-for-hire company pursuant to [subchapter I of Chapter 3 of Title 50 [§ 50-531 et seq.].
§ 47–2830. Rental or leasing of motor vehicle without driver.
(a) The owners or managers of establishments where automobiles or other motor vehicles are kept for rent or lease without a driver shall pay a license fee of $600 biennially for each such establishment; provided, that nothing in this section shall be so construed as to exempt such owners or managers from paying additional license taxes required by this chapter.
(b) Any license issued pursuant to this section shall be issued as a Motor Vehicles Sales, Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2831. Vehicles hauling goods from public space.
Owners of vehicles for hire, used in hauling goods, wares, or merchandise, and operating from public space, shall pay a license tax of $25 per annum for each vehicle. Stands for such vehicles upon public space may be established in the manner provided in § 50-2201.03. Licenses issued under this section shall date from April 1st of each year, but may be issued on or after March 15th of such year; provided, however, that all licenses issued for a period prior to April 1, 1940, shall expire on March 31, 1940, and the license fee therefor shall be prorated accordingly.
§ 47–2832. Repairing of motor vehicles.
(a) Owners or managers of establishments where motor vehicles of any description are washed, cleaned, greased, oiled, or repaired, for profit or gain, shall pay a license fee of $30 per annum.
(b) Any license issued pursuant to this section shall be issued as [a] Motor Vehicles Sales, Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2832.01. Parking establishments.
Any license or permit for a parking establishment issued under this chapter shall be issued as a General Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2832.02. Tire dealers.
(a) The owners or managers of establishments where waste tires are generated shall pay a license fee as established by the Mayor.
(b) Any license for a waste tire generator issued under this chapter shall be issued as a General Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
(c) No license shall be issued to any waste tire generator that fails to provide the Mayor with information concerning the site’s location, size, and the approximate number of waste tires that have been accumulated at the site, which may not exceed 500.
(d)(1) The Mayor, pursuant to [subchapter I of Chapter 2 of Title 5, § 2-501 et seq.], shall issue rules pertaining to the collection and storage of waste tires, which shall include:
(A) A prohibition on outdoor storage of waste tires;
(B) Methods of collection, storage, and processing of waste tires; and
(C) Record-keeping procedures for waste tire generators.
(2) The methods of collection, storage, and processing of waste tires shall consider the general location of waste tires being stored with regard to property boundaries and buildings, pest control, accessibility by firefighting equipment, and other considerations as they relate to public health and safety.
(3) The record-keeping procedures for waste tire generators shall include the source and number or weight of tires received and the destination and number of tires or weight of tires or tire pieces shipped or otherwise disposed of. The records shall be maintained for at least 3 years following the end of the calendar year of such activity. Record keeping shall not be required for any charitable, fraternal, or other type of nonprofit organization or association that conducts programs that result in the voluntary cleanup of land, water resources, or collection for disposal of waste tires.
(e) For the purposes of this section, the term:
(1) “Waste tire” means any automobile, motorcycle, heavy equipment, or truck tire stored or offered for sale by a waste tire generator or otherwise retained by a waste tire generator after having replaced a customer’s tire with a new or used tire.
(2) “Waste tire generator” means any person who buys, sells, or stores new or used tires for use on automobiles, motorcycles, heavy equipment, or trucks and which retains any of the customer’s used tires after replacement.
§ 47–2833. Livery stables. [Repealed]
Repealed.
§ 47–2834. Sales on streets or public places. [Repealed]
Repealed.
§ 47–2835. Solicitors.
(a) Solicitors shall pay a license fee of $316 biennially. Any person who goes from house to house, or place to place, within the District of Columbia, selling or taking orders for or offering to sell or take orders for goods, wares, merchandise, or any article or thing of value for future delivery, or for services to be performed in the future or for the making, manufacturing, or repairing of any article or thing whatsoever for future delivery, and requiring or accepting a deposit for such future delivery or service, shall be deemed to be a “solicitor,” within the meaning of this section; provided, however, that this definition shall not apply to persons selling goods, wares, merchandise, or any article or thing of value for resale to retailers in that commodity. Any person desiring a solicitor’s license shall make application to the Mayor of the District of Columbia or his designated agent on forms to be provided for that purpose, stating the name of the applicant, the name and address of the person whom he represents, the class and kind of goods offered for sale, or the kind of service to be performed. Such application shall be accompanied by a bond in the penal sum of $500, running to the District of Columbia, conditioned upon the making of final delivery of the goods ordered, or services to be performed, in accordance with the terms of such order, or failing therein, that the advance payment on such order be refunded. Any person aggrieved by the action of any such solicitor shall have the right of action on the bond for the recovery of money, or damages, or both. All orders taken by licensed solicitors shall be in writing in duplicate, stating the terms thereof and the amount paid in advance, and 1 copy shall be given to the purchaser.
(b) Any license issued pursuant to this section shall be issued as a General Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2836. Guides.
(a) No person shall, for hire, guide or escort any person through or about the District of Columbia, or any part thereof, unless he shall have first secured a license so to do. The fee for each such license shall be $28 per annum. No license shall be issued hereunder without the approval of the Chief of Police. The Council of the District of Columbia is authorized and empowered to make reasonable regulations for the examination of all applicants for such licenses and for the government and conduct of persons licensed hereunder, including the power to require said persons to wear a badge while engaged in their calling.
(b) Any license issued pursuant to this section shall be issued as a General Services and Repair endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2837. Secondhand dealers; classification; licensing; stolen property.
(a) The Council of the District of Columbia is authorized and empowered to classify dealers in secondhand personal property (referred to in this section as “dealers”) and the Mayor of the District of Columbia is authorized and empowered to fix and collect a license fee for each such class of dealer, which fee, in the judgment of the Mayor, will be commensurate with the cost to the District of Columbia of inspection, supervision, and regulation of such class of dealer.
(b) In classifying dealers the Council may take into consideration the kind of property dealt in, whether the property is retained by the dealer for sale at retail, whether the property is disposed of by the dealer out of the District of Columbia, whether the property is disposed of by the dealer as junk or otherwise, and such other criteria as the Council may deem appropriate.
(c) Any person engaging in the business of buying, selling, trading, exchanging, or dealing in secondhand personal property of any description, including the return of unused portion of any ticket, order, or token purporting to evidence the right of the holder or possessor thereof to be transported by any railroad or other common carrier, however operated, from one state or territory of the United States, or from the District of Columbia, to any other state or territory of the United States or to the District of Columbia, shall be regarded as a dealer, and shall obtain the appropriate license and pay the fee therefor fixed by the Mayor. For the purposes of this section, the term “secondhand personal property” shall not include any item of personal property:
(1) Which the possessor thereof has acquired as part payment or allowance on the sale by such possessor of a new or rebuilt item of personal property;
(2) Which the possessor thereof has acquired by reason of its return to him for credit, refund, or exchange by a person having purchased such item from such possessor; or
(3) Which is offered for sale, trade, or exchange by the person who repossesses the same.
(d) [Repealed].
(e) Any license issued pursuant to this section for Class A and Class C shall be issued as an Inspected Sales and Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter. Any other license issued pursuant to this section shall be issued as a General Sales endorsement to a basic business license.
§ 47–2838. Dealers in dangerous weapons.
(a) Dealers in dangerous or deadly weapons shall pay a license tax of $300 per annum. No license shall issue hereunder without the approval of the Chief of Police, and the Council of the District of Columbia is authorized and empowered to make and promulgate regulations for the conduct of the business of persons licensed hereunder, including the power to require a record to be kept of all sales of deadly or dangerous weapons, to prescribe a form therefor, and to require reports of all such sales to the Chief of Police at such time as the Council may deem advisable.
(b) Any license issued pursuant to this section shall be issued by the Metropolitan Police Department as a Public Safety endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2839. Private detectives; “detective” defined; regulations.
(a) Private detectives, or detective agencies, by whatsoever name called, shall pay a license tax of $158 per annum; provided, that no license shall be issued under this section without the approval of the Chief of Police.
(b) For the purpose of this section, the term “detective” or “detective agency” means and includes any person, firm, or corporation engaged in the business of, or advertising, or representing himself, or itself, as being engaged in the business of detecting, discovering, or revealing crime or criminals, or securing information for evidence relating thereto, or discovering or revealing the identity, whereabouts, character, or actions of any person or persons, thing or things.
(c) It shall be unlawful for any person to engage in the business of detective, or operate, manage, or conduct a detective agency, for profit or gain, or to advertise or represent his business to be that of a detective, or that of conducting, managing, or operating a detective agency, without first obtaining a license so to do.
(d) The Council of the District of Columbia is authorized and empowered to make such reasonable regulations as it deems advisable for the government and conduct of the business of private detectives licensed hereunder, and the Mayor of the District of Columbia is authorized and empowered to revoke the license of a private detective when in his judgment such is deemed advisable in the public interest.
(e) All laws which govern the Metropolitan Police force of the District of Columbia in the matters of persons, property, or money shall be applicable to all private detectives licensed hereunder, and such detectives shall make like returns and dispositions of such matters as is required by existing law and the rules of the Mayor of the District of Columbia governing the Metropolitan Police Department.
(f) Any license issued pursuant to this section shall be issued as a Public Safety endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
(g) All license fees collected pursuant to this section shall be deposited into the Occupations and Professions Licensing Special Account established pursuant to § 47-2853.11.
§ 47–2839.01. Security agencies.
(a) For the purpose of this section, the term:
(1) “Campus police officer” means an individual appointed under § 5-129.02, and subject to the requirements of Chapter 12 of Title 6A of the District of Columbia Municipal Regualtions [Regulations].
(2) “Security agency” means a person who conducts a business that provides security services.
(3) “Security officer” means an individual appointed under § 5-129.02, and shall have the same meaning as provided in section 2100 of Title 17 of the District of Columbia Municipal Regulations.
(4) “Security services” means any activity that is performed for compensation by a security officer or special police officer to protect an individual or property.
(5) “Special police officer” means an individual appointed under § 5-129.02, and subject to the requirements of Chapter 11 of Title 6A of the District of Columbia Municipal Regulations.
(b) It shall be unlawful for any person to engage in the business of operating, managing, or conducting a security agency, for profit or gain, or to advertise or represent his or her business to be that of a security agency, or that of conducting, managing, or operating a security agency, without first obtaining a license to do so.
(c) A person who violates any provision of this section, or the provisions of Chapter 21 of Title 17 of the District of Columbia Municipal Regulations pertaining to security agencies, shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than the amount set forth in [§ 22-3571.01] or imprisonment of not more than one year, or both.
(d)(1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this section.
(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.
(e) Any license issued pursuant to this section shall be issued as a Public Safety endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
(f) All license fees collected pursuant to this section shall be deposited into the Occupations and Professions Licensing Special Account established pursuant to § 47-2853.11.
§ 47–2840. Fortune-telling [Repealed]
Repealed.
§ 47–2841. Exposing persons or animals as targets prohibited.
No person shall set up, operate, or conduct any business or device by or in which any person, animal, or living object shall act or be exposed as a target for any ball, projectile, missile, or thing thrown or projected for or in consideration of profit or gain, directly or indirectly.
§ 47–2842. Council of the District of Columbia may regulate, modify, or eliminate license requirements.
(a) The Council of the District of Columbia is authorized and empowered, when in its discretion such is deemed advisable, to require a license of other businesses or callings not listed in this chapter or Chapter 30 [repealed] of this title and which, in its judgment, require inspection, supervision, regulation, or any other activity or expenditure by any municipal agencies; and the Council of the District of Columbia is further authorized and empowered to fix the license fee therefor in such amount as, in its judgment, will be not less than the cost to the District of Columbia of such inspection, supervision, regulation, or other activity or expenditure. The Council is further authorized and empowered in its discretion to modify any of the provisions of this chapter or Chapter 30 [repealed] of this title so far as eliminating therefrom any business or calling in this chapter or Chapter 30 [repealed] of this title required to be licensed, and the Council is further authorized and empowered in its discretion to raise or lower the amount of the license fee provided in this chapter or Chapter 30 [repealed] of this title, when in its judgment such increase or decrease is warranted.
(b) The fee for an original or renewal license for motor vehicle driving instructors shall be $78.
(c) Repealed.
(d) The Council shall make such regulations, modifications, or eliminations of licensing requirements consistent with the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2843. Undertakers’ licenses; qualifications; examination; license without examination; authority of Mayor and Council; appropriations; definitions. [Repealed]
Repealed.
§ 47–2844. Regulations; suspension or revocation of licenses; bonding of licensees authorized to collect moneys; exemptions.
(a) The Council of the District of Columbia and Mayor are further authorized and empowered to make any regulations that may be necessary in furtherance of the purpose of this chapter and the Mayor is further authorized and empowered to suspend or revoke any license issued hereunder when, in the Mayor's judgment, such is deemed desirable in the interest of public decency or the protection of lives, limbs, health, comfort, and quiet of the citizens of the District of Columbia, or for any other reason the Mayor may deem sufficient.
(a-1)(1) In accordance with § 2-509, the Mayor shall revoke the license of any licensee who knowingly has permitted on the licensed premises:
(A) The illegal sale, negotiation for sale, or use of any controlled substance as that term is defined in Chapter 9 of Title 48, or the Controlled Substances Act of 1970, approved October 27, 1970 (84 Stat. 1243; 21 U.S.C. § 801 et seq.);
(B) The possession, other than for personal use, sale, or negotiation for sale of drug paraphernalia in violation of Chapter 11 of Title 48;
(C) An act of prostitution as defined in [§ 22-2701.01(1)], or any act that violates any provision of [§§ 22-2701 through 22-2712 and 22-2718 through 22-2723]; or
(D) Conduct that violates [§ 48-911.01(a)]. In addition, the Mayor shall revoke any certificate of occupancy or permit associated with the specific address or unit, whichever is more specific, of the holder of a certificate of occupancy or permit who knowingly permits a violation of [§ 48-911.01(a)], to occur at the specific address or unit identified in the certificate of occupancy or permit.
(2) The Mayor, by rule, shall establish costs and fines to cover revocation of any license revoked pursuant to paragraph (1) of this subsection.
(a-2)(1) In addition to the provisions of subsection (a-1) of this section and paragraph (1A) of this subsection, the Mayor, notwithstanding § 2-1801.04(a)(1)), may take the following actions against any licensee, or agent or employee of a licensee, that, with or without the appropriate license required under this chapter, engages in the purchase, sale, exchange, or any other form of commercial transaction involving used goods or merchandise that are knowingly stolen:
(A) The Mayor, for the first violation of this paragraph:
(i) Shall issue a fine in the amount of $2,500; and
(ii) May seal the licensee’s premises for up to 96 hours without a prior hearing.
(B) The Mayor, for the second violation of this paragraph:
(i) Shall issue a fine in the amount of $5,000;
(ii) May seal the licensee’s premises for up to 96 hours without a prior hearing; and
(iii)(I) Shall, within 30 days of the issuance of a fine, require the licensee to submit a remediation plan approved by the Mayor, in consultation with the Chief of Police, that contains the licensee’s plan to prevent any future recurrence of purchasing, selling, exchanging, or otherwise transacting stolen goods and acknowledgement that a subsequent occurrence of engaging in prohibited activities may result in the revocation of all licenses issued to the licensee pursuant to this chapter.
(II) If the licensee fails to submit a remediation plan in accordance with this sub-subparagraph, or if the Mayor rejects the licensee’s remediation plan, the Mayor shall provide written notice to the licensee of the Mayor’s intent to suspend all licenses issued to the licensee pursuant to this chapter for an additional 30 days.
(C) The Mayor, for the third violation of this paragraph:
(i) Shall issue a fine in the amount of $10,000;
(ii) May seal the licensee’s premises for up to 96 hours without a prior hearing; and
(iii) Shall provide written notice to the licensee of the Mayor’s intent to permanently revoke all licenses issued to the licensee pursuant to this chapter.
(1A) In addition to the provisions of subsection (a-1) of this section and paragraph (1) of this subsection, the Mayor or the Chief of Police, notwithstanding [§ 2-1801.04(a)(1)], may take the following actions against, or impose the following requirements upon, any licensee, or agent or employee of a licensee, that knowingly engages or attempts to engage in the purchase, sale, exchange, or any other form of commercial transaction involving a synthetic drug, including the possession of multiple units of a synthetic drug:
(A) For the first violation of this paragraph:
(i) The Mayor shall issue a fine in the amount of $10,000;
(ii) The Mayor may issue a notice to revoke all licenses issued to the licensee pursuant to this chapter; and
(iii)(I) The Chief of Police, after a determination by the Mayor in accordance with [§ 2-1801.06(a)], shall seal the licensee's premises, or a portion of the premises, for up to 96 hours without a prior hearing;
(II) Within 14 days after a licensee's premises is sealed under sub-sub-subparagraph (I) of this sub-subparagraph, the Mayor shall require the licensee to submit a remediation plan to the Director of the Department of Licensing and Consumer Protection that contains the licensee's plan to prevent any future recurrence of purchasing, selling, exchanging, or otherwise transacting any synthetic drug and acknowledgement that a subsequent occurrence of engaging in prohibited activities may result in the revocation of all licenses issued to the licensee pursuant to this chapter.
(III) If the licensee fails to submit a remediation plan in accordance with this sub-subparagraph, or if the Mayor, in consultation with the Chief of Police, rejects the licensee's remediation plan, the Mayor shall provide written notice to the licensee of the defects in any rejected remediation plan and the Mayor's intent to revoke all licenses issued to the licensee pursuant to this chapter.
(IV) If the licensee cures the defects in a rejected remediation plan, the Mayor may suspend any action to revoke any license of the licensee issued pursuant to this chapter.
(V) The Mayor shall notify the Office of the Attorney General upon sealing a licensee's premises, or a portion of the premises.
(B) For any subsequent violation of this paragraph:
(i) The Mayor shall issue a fine in the amount of $20,000; and
(ii) The Chief of Police, after a determination by the Mayor in accordance with [§ 2-1801.06(a)], shall seal the licensee's premises, or a portion of the premises, for up to 30 days without a prior hearing.
(C) If a licensee's premises, or a portion of the premises, is sealed under subparagraph (A) or (B) of this paragraph, a licensee shall have the right to request a hearing with the Office of Administrative Hearings within 3 business days after service of notice of the sealing of the premises under subparagraph (E) of this paragraph.
(D) If a licensee timely requests a hearing under subparagraph (C) of this paragraph, the Office of Administrative Hearings shall hold a hearing before an administrative law judge within 3 business days after receiving the request.
(E) At the time of the sealing of the premises, or a portion of the premises, under subparagraph (A) or (B) of this paragraph, the Director of the Department of Licensing and Consumer Protection shall post at the premises and serve on the licensee a written notice and order stating:
(i) The specific action or actions being taken;
(ii) The factual and legal bases for the action or actions;
(iii) The right, within 3 business days after service of notice of the sealing of the premises, to request a hearing with the Office of Administrative Hearings;
(iv) The right to a hearing before an administrative law judge, within 3 business days after a timely request being received by the Office of Administrative Hearings; and
(v) That it shall be unlawful for any person, with the exception of emergency services personnel, to enter the sealed premises for any purpose without written permission by the Director of the Department of Licensing and Consumer Protection.
(F) A licensee shall pay a fine issued pursuant to subparagraph (A) or (B) of this paragraph within 20 days after adjudication by the Office of Administrative Hearings. If the licensee fails to pay the fine within the specified time period, the Mayor may seal the premises until the fine is paid.
(G) For the purposes of this paragraph, the term:
(i) "Business days" means days in which the Office of Administrative Hearings is open for business.
(ii) "Synthetic drug" means any product possessed, provided, distributed, sold, or marketed with the intent that it be used as a recreational drug, such that its consumption or ingestion produces effects on the central nervous system or brain function to change perception, mood, consciousness, cognition, or behavior in ways that are similar to the effects of marijuana, cocaine, amphetamines, or Schedule I narcotics under § 48-902.04. The term "synthetic drug" also includes any chemically synthesized product (including products that contain both a chemically synthesized ingredient and herbal or plant material) possessed, provided, distributed, sold, or marketed with the intent that the product produce effects substantially similar to the effects created by compounds banned by District or federal synthetic drug laws or by the U.S. Drug Enforcement Administration pursuant to its authority under the Controlled Substances Act, approved October 27, 1970 (84 Stat. 1247; 21 U.S.C. § 812). Any of the following factors shall be treated as indicia that a product is being marketed with the intent that it be used as a recreational drug:
(I) The product is not suitable for its marketed use (such as a crystalline or powder product being marketed as "glass cleaner");
(II) The individual or business providing, distributing, displaying, or selling the product does not typically provide, distribute, display, or sell products that are used for that product's marketed use (such as liquor stores, smoke shops, or gas or convenience stores selling "plant food");
(III) The product contains a warning label that is not typically present on products that are used for that product's marketed use including, "Not for human consumption", "Not for purchase by minors", "Must be 18 years or older to purchase", "100% legal blend", or similar statements;
(IV) The product is significantly more expensive than other products that are used for that product's marketed use;
(V) The product resembles an illicit street drug (such as cocaine, methamphetamine, or Schedule I narcotic) or marijuana; or
(VI) The licensee or any employee of the licensee has been warned by a District government agency or has received a criminal incident report, arrest report, or equivalent from any law enforcement agency that the product or a similarly labeled product contains a synthetic drug.
(1B) Not Funded.
(2)(A) A violation of this subsection shall be a civil infraction for purposes of Chapter 18 of Title 2. Civil fines, penalties, and fees may be imposed as sanctions for any infraction of the provisions of this subsection, or the rules issued under authority of this subsection, pursuant to Chapter 18 of Title 2.
(B) Adjudication of any infraction of this subsection shall be pursuant to Chapter 18 of Title 2.
(C) Summary action taken pursuant to this subsection shall be pursuant to subchapter 1 of Chapter 18 of Title 2.
(3) In addition to other remedies provided by law, the Office of the Attorney General for the District of Columbia may commence an action in the Civil Branch of the Superior Court of the District of Columbia to compel compliance, abate, enjoin, or prevent violations of this subsection. Plaintiff need not prove irreparable injury or harm to obtain a preliminary or temporary injunction.
(a-3)(1) The term “knowingly” includes:
(A) For the purposes of subsections (a-1) and (a-2) of this section, actual notice of a specific violation set forth in subsection (a-1) or (a-2) of this section to the licensee, or agent or employee of the licensee, issued by a District agency notifying the licensee, or agent or employee of the licensee, of the same or similar violation occurring on the licensee’s premises; or
(B) For the purposes of subsection (a-2) of this section, constructive notice to the licensee, or agent or employee of the licensee, resulting from the failure of the licensee, or agent or employee of the licensee, to ascertain the ownership of the used goods or merchandise.
(2) For the purposes of this subsection, actual or constructive notice to the agent or employee of the licensee constitutes notice to the licensee.
(b) Notwithstanding any of the provisions of this chapter requiring an inspection as a prerequisite to the issuance of a license, the Mayor is authorized to provide by regulation that any such inspection shall be made either prior or subsequent to the issuance of a license, but any such license, whether issued prior or subsequent to a required inspection, may be suspended or revoked for failure of the licensee to comply with the laws or regulations applicable to the licensed business, trade, profession, or calling.
(c)(1) The Council may in its discretion require that any class or subclass of licensees licensed under the authority of this chapter to engage in a business, trade, profession or calling involving an express or implied agreement to collect money for others shall give bond to safeguard against financial loss those persons with whom such class or subclass of licensees may so agree.
(2) The bond which may be required by the Council under the authority of this subsection shall be a corporate surety bond in an amount to be fixed by the Council, but not to exceed $15,000, conditioned upon the observance by the licensee and any agent or employee of said licensee of all laws and regulations in force in the District of Columbia applicable to the licensee’s conduct of the business, trade, profession, or calling licensed under the authority of this chapter, for the benefit of any person who may suffer damages resulting from the violation of any such law or regulation by or on the part of such licensee, his agent, or employee.
(3) Any person aggrieved by the violation of any law or regulation applicable to a licensee’s conduct of a business, trade, profession, or calling involving the collection of money for others shall have, in addition to his right of action against such licensee, a right to bring suit against the surety on the bond authorized by this subsection, either alone or jointly with the principal thereon, and to recover in an amount not exceeding the penalty of the bond any damages sustained by reason of any act, transaction, or conduct of the licensee and any agent or employee of said licensee which is in violation of law or regulation in force in the District of Columbia relating to the business, trade, profession, or calling licensed under this chapter; and the provisions of the 2nd, 3rd (except the last sentence thereof), and 5th paragraphs of subsection (b) of § 1-301.01 shall be applicable to such bond as if it were the bond authorized by the first paragraph of such subsection (b) of § 1-301.01; provided, that nothing in this subsection shall be construed to impose upon the surety on any such bond a greater liability than the total amount thereof or the amount remaining unextinguished after any prior recovery or recoveries.
(4) This subsection shall not be applicable to persons when engaged in the regular course of any of the following professions or businesses:
(A) Attorneys-at-law;
(B) Persons regularly employed on a regular wage or salary, in the capacity of credit men or in a similar capacity, except as an independent contractor;
(C) Banks and financing and lending institutions;
(D) Common carriers;
(E) Title insurers and abstract companies while doing an escrow business;
(F) Licensed real estate brokers; or
(G) Employees of any class or subclass of licensees required to give bond under this subsection.
§ 47–2844.01. Cease and desist orders.
(a)(1) When a board, or the Mayor, after investigation but prior to a hearing, has cause to believe that a person is violating any provision of this chapter and the violation has caused or may cause immediate and irreparable harm to the public, the board or the Mayor may issue an order requiring the alleged violator to cease and desist immediately from the violation. The order shall be served by certified mail or delivery in person.
(2) A copy of the cease and desist order shall be served on the holder of a certificate of occupancy for the premises and on the property owner of record if each of these persons or entities are separate and distinct from the licensee.
(b)(1) The alleged violator may, within 15 days of the service of the order, submit a written request to the board to hold a hearing on the alleged violation.
(2) Upon receipt of a timely request, the board shall conduct a hearing and render a decision pursuant to § 47-2853.22.
(c)(1) The alleged violator may, within 10 days of the service of an order, submit a written request to the board for an expedited hearing on the alleged violation, in which case he or she shall waive his or her right to the 15-day notice required by subsection (b)(1) of this section.
(2) Upon receipt of a timely request for an expedited hearing, the board shall conduct a hearing within 10 days of the date of receiving the request and shall deliver to the alleged violator at his or her last known address a written notice of the hearing by any means guaranteed to be received at least 5 days before the hearing date.
(3) The board shall issue a decision within 30 days after an expedited hearing.
(d) If a request for a hearing is not made pursuant to subsections (b) and (c) of this section, the order of the board to cease and desist shall be final.
(e) If, after a hearing, the board determines that the alleged violator is not in violation of this subchapter, the board shall vacate the order to cease and desist.
(f) If any person fails to comply with a lawful order of a board issued pursuant to this section, the board may petition the court to issue an order compelling compliance or take any other action authorized by this chapter.
§ 47–2845. Prosecutions.
Prosecutions for violations of any of the provisions of this chapter, or of any section added hereto from time to time by the Council of the District of Columbia, or of any regulation made by the Council under authority of this chapter, shall be on information in the Superior Court of the District of Columbia by the Attorney General for the District of Columbia or any of his assistants.
§ 47–2846. Penalties.
Any person violating any of the provisions of this chapter, or additions thereto made from time to time by the Council of the District of Columbia, where no specific penalty is fixed, or the violation of any regulation made by the Council under the authority of this chapter, shall upon conviction be fined not more than the amount set forth in [§ 22-3571.01] or imprisoned for not more than 90 days. Any person failing to file any information required by this chapter, or by any regulation of the Council made under the provisions hereof, or who in filing any such information makes any false or misleading statement, shall upon conviction be fined not more than the amount set forth in [§ 22-3571.01] or imprisoned for not more than 90 days. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2.
§ 47–2847. Saving clause.
Any violation of any provision of law or regulation issued hereunder which is repealed by this chapter and any liability arising under such provisions or regulations may, if the violation occurred or the liability arose prior to such repeal, be prosecuted to the same extent as if this chapter had not been enacted.
§ 47–2848. Severability.
If any provision of this chapter is declared unconstitutional or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of the chapter and the applicability of such provision to other persons and circumstances shall not be affected thereby.
§ 47–2849. Refund of erroneously-paid fees.
The Mayor of the District of Columbia is authorized to refund any license fee or tax, or portion thereof, erroneously paid or collected under this chapter.
§ 47–2850. Rules governing the business of furnishing towing services for motor vehicles.
(a) The Mayor is authorized, in accordance with [subchapter I of Chapter 5 of Title 2], to:
(1) Promulgate rules to govern the business of furnishing towing services for motor vehicles; and
(2) Amend or repeal any provision of chapter 4 of Title 16 of the District of Columbia Municipal Regulations governing the business of furnishing towing services for motor vehicles.
(b) Rules proposed pursuant to this section 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 regulations, in whole or in part, by resolution, within this 45-day review period, the proposed regulations shall be deemed disapproved.
(c)(1) Any person who violates any of the rules promulgated pursuant to this section shall be guilty of a misdemeanor and upon conviction, shall be subject to a fine of not more than the amount set forth in [§ 22-3571.01] per violation, imprisonment for not more that [than] 90 days, or both.
(2) All prosecutions for violations of any rule or regulation issued pursuant to this section shall be in the Criminal Division of the Superior Court of the District of Columbia in the name of the District of Columbia by information signed by the Attorney General or one of his or her assistants.
(3) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the rules issued pursuant to this section, pursuant to Chapter 18 of Title 2. Adjudication of any infractions shall be pursuant Chapter 18 of Title 2.
Subchapter I-A. General Provisions.
§ 47–2851.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Basic business license” means the single document designed for public display issued by the business license center that certifies District agency license approval and that incorporates the endorsements for individual licenses included in the basic business license system that the District requires for any person subject to this subchapter. The term “basic business license” shall include a master business license issued prior to the effective date of the Streamlining Regulation Emergency Act of 2003, passed on an emergency basis on July 8, 2003 (Enrolled version of Bill 15-317) [August 11, 2003].
(1A) “Basic business license application” means a document incorporating pertinent data from existing applications for licenses covered under this subchapter.
(1B)(A) “Business” means any trade, profession, or activity which provides, or holds itself out to provide, goods or services to the general public or to any portion of the general public, for hire or compensation in the District of Columbia[.]
(B) “Business” shall not include the following:
(i) The activities of any political subdivision, or of any authority created and organized under and pursuant to law of the District;
(ii) The activities of any compact entered into by the District with any state or political subdivision of a state; or
(iii) Any employment for wages or salary.
(2) “Business License Center” means the business registration and licensing center established by this subchapter and located in and under the administrative control of the Department of Licensing and Consumer Protection.
(3) “Department” means the Department of Licensing and Consumer Protection.
(4) “Director” means the Director of the Department of Licensing and Consumer Protection.
(5) “License” means the whole or part of any agency permit, license, certificate, approval, registration, charter, or any form or permission required by law, including agency rule, to engage in any activity.
(5A) “License information packet” means a collection of information about licensing requirements and application procedures custom-assembled for each request.
(6) Repealed.
(7) Repealed.
(8) “Person” means any individual, sole proprietorship, partnership, association, cooperative, corporation, nonprofit organization, and any other organization required to obtain one or more licenses from the District or any of its agencies.
(9) “Regulation” means any licensing or other governmental or statutory requirements pertaining to business or professional activities.
(10) “Regulatory agency” means any District agency, board, commission, or division which regulates one or more professions, occupations, industries, businesses, or activities.
(11) “Renewal application” means a document used to collect pertinent data for renewal of licenses covered under this subchapter.
(12) “System” means the mechanism by which basic business licenses are issued and renewed, license and regulatory information is disseminated, and account data is exchanged by the agencies.
§ 47–2851.01a. Scope of subchapter. [Not Funded]
Not Funded.
§ 47–2851.01b. Powers and duties of the Department. [Not Funded]
Not Funded.
§ 47–2851.02. License required.
(a) A person which is required under law to obtain a license issued in the form of an endorsement to engage in a business in the District of Columbia shall not engage in such business in the District of Columbia without having first obtained a basic business license and any necessary endorsements in accordance with this subchapter.
(b) A license shall be required for each business location.
(c) A person issued a license under this subchapter shall not willfully allow any other person required to obtain a separate license to operate under his or her license.
(d) Licenses granted under this subchapter may be assigned or transferred upon approval by the Department and payment of the applicable fee.
§ 47–2851.02a. License exemption for de minimis business activity.
(a) Business activity shall be exempt from the licensing requirement set forth in § 47-2851.02; provided, that the business activity has a gross annual revenue of $2,000 or less and does not occur more than 30 days in a calendar year.
(b)(1) Upon request by the Department of Licensing and Consumer Protection, a person applying for the exemption provided by this section ("applicant") shall submit a letter self-certifying that the gross annual revenue of the business activity for which the exemption is sought does not exceed $2,000 and does not occur more than 30 days in a calendar year ("self-certification letter").
(2) An applicant who knowingly makes a false statement in a self-certification letter shall be guilty of a Class 1 civil infraction and subject to fines pursuant to section 16-3201 of the District of Columbia Municipal Regulations.
(c)(1) If, after the submission of a self-certification letter, the revenue of the business activity described in the self-certification letter exceeds $2,000 or the business activity occurs more than 30 days in a calendar year, the applicant shall inform the Department of Licensing and Consumer Protection within 30 days of the increase in revenue or days of business activity from that stated in the self-certification letter.
(2) An applicant who fails to inform the Department of Licensing and Consumer Protection as required by this subsection shall be guilty of a Class 1 civil infraction and subject to fines pursuant to section 16-3201 of the District of Columbia Municipal Regulations.
(d) Nothing in this section shall be construed to supersede the zoning regulations.
§ 47–2851.03. Endorsement categories; exemptions.
(a) Endorsements to a basic business license shall be issued in the following license endorsement categories:
(1) Repealed.
(2) Educational Services;
(3) Entertainment;
(4) Environmental Materials;
(5) Financial Services;
(6)(A) Housing: Transient;
(B) Housing: Residential;
(C) Short-Term Rental; and
(D) Short-Term Rental: Vacation Rental[;]
(7) Inspected Sales and Services;
(8) Manufacturing;
(9) Motor Vehicle Sales, Service, and Repair;
(10)(A) Public Health: Health Care Facility;
(B) Public Health: Human Services Facility;
(C) Public Health: Child Health and Welfare;
(D) Public Health: Public Accommodations;
(E) Public Health: Pharmacy and Pharmacology;
(F) Public Health: Funeral Establishment;
(G) Public Health: Radioactive Materials;
(H) Public Health: Biohazard;
(I) Public Health: Food Establishment Wholesale; and
(J) Public Health: Food Establishment Retail;
(11) Public Safety;
(11A) Stun Gun;
(12) Employment Services;
(13) General Sales;
(14) General Services and Repair; and
(15) General Business.
(b) All Class A or Class B license endorsements to master business licenses issued by the Department prior to the effective date of the Streamlining Regulation Emergency Act of 2003, passed on an emergency basis on July 8, 2003 (Enrolled version of Bill 15-317) [August 11, 2003], are hereby redesignated as license endorsements, without designation of class, to a basic business license. Nothing in the foregoing shall be read as eliminating the criteria, established either by rule or statute, that govern the awarding of any license endorsement affected by this section.
(c) The Department shall maintain and periodically update a roster of all businesses which have been issued a basic business license, indicating the license endorsements appended to each basic business license.
(d) The following licenses shall not be a part of the basic business license system and shall be regulated by the Department of Health:
(1) Dog-Spayed; and
(2) Dog-Unspayed.
(e) A vendor who sells more than 5 stun guns in a 12-month period shall obtain a stun gun endorsement under subsection (a)(11A) of this section on its basic business license from the Department on a form provided by the Department. No additional information shall be required for the issuance of a stun gun endorsement.
§ 47–2851.03a. Existing licenses eliminated.
(a) Repealed.
(b)(1) The following licenses are eliminated as separate license categories:
(A) Educational and Cultural Institutions;
(B) Institutions of Learning;
(C) Medical and Dental Colleges;
(D) Post-Secondary Institutions; and
(E) Veterans Training.
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive an Educational Services license endorsement.
(c)(1) The following licenses are eliminated as separate license categories:
(A) Athletic Exhibition;
(B) Billiard Parlor;
(C) Bowling Alley;
(D) Carnival (including street festivals);
(E) Circus;
(F) Mechanical Amusement;
(G) Moving Picture Theater;
(H) Public Hall;
(I) Business Street Photographer;
(J) Skating Rinks;
(K) Special Events; and
(L) Theater (live).
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive an Entertainment license endorsement.
(d)(1) The following licenses are eliminated as separate license categories, except that where special endorsements or permits are required for hazardous waste treatment or asbestos waste abatement, these special endorsements or permits shall be obtained separately:
(A) Asbestos Abatement Business;
(B) Bulk Fuel Metering;
(C) Bulk Fuel Storage Plant;
(D) Bulk Fuel Above Ground Tank;
(E) Dry Cleaner;
(F) Explosives;
(G) Fireworks Sales;
(H) Gasoline Dealer;
(I) Hazardous Waste Management;
(J) Kerosene;
(K) Pesticide Applicator;
(L) Pesticide Operator;
(M) Pyroxylin;
(N) Restricted Use Pesticide Dealer;
(O) Solid Waste Collectors;
(P) Solid Waste Handling Facilities;
(Q) Solid Waste Vehicles;
(R) Solvent Sales; and
(S) Varsol Sales.
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive an Environmental Materials license endorsement.
(e)(1) The following licenses are eliminated as separate license categories:
(A) Check Sellers;
(B) Consumer Credit Service Organization;
(C) Fraternal Benefit Associations;
(D) Insurance Companies;
(E) Insurance Premium Finance Companies;
(F) Insurance Rating Organizations;
(G) Life and Fire Insurance Companies;
(H) Marine Insurance;
(I) Money Lender;
(J) Mortgage Lenders and Brokers;
(K) Reinsurance Intermediary;
(L) Risk Retention Group; and
(M) Sales/Finance Company.
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive a Financial Services license endorsement.
(f)(1)(A) The following licenses are eliminated as separate license categories:
(i) Candy Manufacturing;
(ii) Commercial Merchant Food;
(iii) Ice Cream Manufacturing; and
(iv) Marine Product.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Food Establishment Retail license endorsement.
(2)(A) The following licenses are eliminated as separate license categories:
(i) Bakery;
(ii) Caterers;
(iii) Delicatessen;
(iv) Food Product;
(v) Food Vending Machines;
(vi) Grocery;
(vii) Restaurant; and
(viii) Vendor (A).
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Food Establishment Retail license endorsement.
(g)(1)(A) The following licenses are eliminated as separate license categories:
(i) Boarding House;
(ii) Hotel;
(iii) Inn and Motel; and
(iv) Rooming House.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Housing: Transient license endorsement.
(2)(A) The following licenses are eliminated as separate license categories:
(i) Apartment House; and
(ii) Cooperative Association.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Housing: Residential License endorsement.
(h)(1) The following licenses are eliminated as separate license categories:
(A) Ambulance;
(B) Auctioneer;
(C) Auctioning;
(D) Elevators;
(E) Hearing-aid dealer;
(F) Horse Drawn Carriage Trade;
(G) Pawnbrokers;
(H) Pet shops;
(I) Secondhand Dealers (A);
(J) Secondhand Dealers (C);
(K) Security Alarm Dealers; and
(L) Taxicab.
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive an Inspected Sales and Services license endorsement.
(i)(1) Mattress manufacturing license is eliminated as a separate license category.
(2) Businesses meeting the criteria established by law or regulation for the establishment listed in paragraph (1) of this subsection shall receive a Manufacturing license endorsement.
(j)(1) The following licenses are eliminated as separate license categories:
(A) Auto Repossessor;
(B) Auto Rental;
(C) Auto Wash;
(D) Consumer Goods (Auto Repair);
(E) Driving School;
(F) Motor Vehicle Dealer;
(G) Motor Vehicle Sales; and
(H) Tow Truck.
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive a Motor Vehicle Sales, Service, and Repair license endorsement.
(k)(1)(A) The following licenses are eliminated as separate license categories:
(i) Ambulatory Surgical Treatment Center;
(ii) Health Provider Plans;
(iii) Home Health Agency;
(iv) Hospital-Medical/surgical;
(v) Hospital-ICU/Coronary;
(vi) Hospital-OB/GYN;
(vii) Hospital-Nursery;
(viii) Hospital-Intermediate Neonatal and Neonatal Intensive Care;
(ix) Hospital-Pediatrics;
(x) Hospital-Alcoholism/Chemical Dependency;
(xi) Hospital-Rehabilitation;
(xii) Hospital-Psychiatric;
(xiii) Maternity Center;
(xiv) Non-hospital Outpatient Facility;
(xv) Nursing Home;
(xvi) Renal Dialysis Center; and
(xvii) Substance Abuse Treatment Center.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Health Care Facility license endorsement. For any Hospital-Psychiatric, both this endorsement and the master business license shall be issued by the Department of Mental Health.
(2)(A) The following licenses are eliminated as separate license categories:
(i) Community Residence Facility; and
(ii) Group Homes for Mentally Retarded People.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Human Services Facility license endorsement.
(3)(A) The following licenses are eliminated as separate license categories:
(i) Child Development Centers;
(ii) Child Development Homes;
(iii) Child-Placing Agencies; and
(iv) Youth Residential Facilities.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Child health and Welfare license endorsement. For Youth Residential Facilities that are Foster Homes or Group Homes, and for Child-Placing Agencies, both this endorsement and the master business license shall be issued by the Child and Family Services Agency.
(4)(A) The following licenses are eliminated as separate license categories:
(i) Barber Shop;
(ii) Beauty Shop;
(iii) Health Spa;
(iv) Massage Establishment; and
(v) Swimming Pool.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Public Accommodations license endorsement.
(5)(A) The following licenses are eliminated as separate license categories:
(i) Drug Distributor;
(ii) Drug Manufacturer;
(iii) Patent Medicine; and
(iv) Pharmacy.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Pharmacy and Pharmaceuticals license endorsement.
(6)(A) The funeral services establishment license is eliminated as a separate license category.
(B) Businesses meeting the criteria established by law or regulation for the establishment listed in subparagraph (A) of this paragraph shall receive a Public Health: Funeral Establishments license endorsement.
(7)(A) The following licenses are eliminated as separate license categories:
(i) Installer of Radioactive Equipment;
(ii) Low Level Radioactive Waste Generator;
(iii) Repairer of Radioactive Equipment; and
(iv) Supplier of Radioactive Equipment.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Radioactive Equipment license endorsement.
(8)(A) The following licenses are eliminated as separate license categories:
(i) Clinical Laboratory; and
(ii) Physician Office Laboratory.
(B) Businesses meeting the criteria established by law or regulation for the establishments listed in subparagraph (A) of this paragraph shall receive a Public Health: Laboratory license endorsement.
(l)(1) The following licenses are eliminated as separate license categories:
(A) Dealers in Dangerous Weapons;
(B) Firearms Dealer;
(C) Private Detective Agencies; and
(D) Retail Weapons Dealer.
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive a Public Safety license endorsement.
(m)(1) The following licenses are eliminated as separate license categories:
(A) Employment Agency;
(B) Employer Paid Personnel Service; and
(C) Employment Counseling.
(2) Businesses meeting the criteria established by law or regulation for the following establishments shall receive an Employment Services license endorsement.
(n)(1) The following licenses are eliminated as separate license categories:
(A) Barber Chair;
(B) Beauty Booth;
(C) Bingo Suppliers;
(D) Cigarette Sales Retail;
(E) Cigarette Sales Wholesale;
(F) Mattress Sales;
(G) Second Hand Dealers (B);
(H) Solicitor;
(I) Vendor (B); and
(J) Vendor (D).
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive a General Sales license endorsement.
(o)(1) The following licenses are eliminated as separate license categories:
(A) Consumer Goods (Electronic Repair);
(B) Dry Cleaner;
(C) Home Improvement;
(D) Moving of Household Goods;
(E) Outdoor Signs;
(F) Parking Establishment;
(G) Power Laundry;
(H) Tour Guide (A); and
(I) Tour Guide (B).
(2) Businesses meeting the criteria established by law or regulation for the establishments listed in paragraph (1) of this subsection shall receive a General Services and Repair license endorsement.
(p)(1) The following licenses are eliminated as separate license categories:
(A) Charitable Solicitation; and
(B) Cooperative Associations (Non-residential).
(2) Businesses meeting the criteria established by law or regulation for these establishments shall receive a General Business license endorsement.
(q) The following licenses are hereby eliminated:
(1) Bottling Establishment;
(2) Close Out Sale;
(3) Coal Dealer;
(4) Elevator Operator;
(5) Job Listing;
(6) Food Handlers;
(7) Cigarette Vending Machine;
(8) Laundry (Hand/Ironing);
(9) Livery;
(10) Medium;
(11) Moving Pictures, Film Storage;
(12) Public Scale;
(13) Shooting Gallery;
(14) Slot Weight Machine;
(15) Street Photographer;
(16) Rental Housing Locator;
(17) Abattoirs or Slaughterhouse; and
(18) Money Lender (B).
§ 47–2851.03b. Unique identifying number.
To the extent feasible, and dependent on the available technology needed for implementation, each business licensed pursuant to this subchapter shall have a unique identifying number that shall be used for all official purposes, including taxation.
§ 47–2851.03c. Agencies’ power to inspect and revoke licensure.
Nothing in this subchapter shall be construed as limiting or reassigning any District agency’s power to inspect for compliance or to revoke licensure. Agencies of the District government responsible for the issuance of license endorsements shall revoke, deny, or suspend any license endorsements and issue fines as required by statute or regulation.
§ 47–2851.03d. General Business License and General Contractor/Construction Manager License.
(a) A General Business License shall be required for all businesses engaging in any business transaction in the District that have a business tax identification number and who are not otherwise required to obtain an endorsement under a license endorsement category under this chapter. If a business entity is comprised of principals who are required to maintain licenses granted or regulated by a local, state, or national certification board or body, the entity and its licensed principals shall not be required to obtain a General Business License. A biennial fee of $200 shall be charged for the General Business License.
(b) A General Contractor/Construction Manager License shall be required for individuals or businesses engaged in general contracting or construction management. A biennial fee of $500 shall be charged for the license. The Mayor may establish, by rule, bond requirements for general contractors and construction managers as a condition for issuance of the General Contractor/Construction Manager License.
(c) The Mayor may adjust, by rule, the license fees established in subsections (a) and (b) of this section.
(d) A license issued pursuant to this section shall be issued as a General Business endorsement to a basic business license.
§ 47–2851.04. License application and fees.
(a) Any person requiring a license in accordance with this subchapter shall file an application for a basic business license with the business license center, as provided in this section, and shall pay the required fee or fees. As part of his or her application, he or she shall provide a valid electronic mail address which may be used for the electronic service of process of notices related to the license.
(b) Printed license application forms shall be made available by the business license center as well as electronic forms, which may be downloaded by computer.
(c)(1)(A) Except for such fees as are established by this subchapter, the Director shall by regulation establish fees for the issuance, reissuance, and transfer or reinstatement of all business licenses and endorsements, provided, however, that any fee required by any law or regulation in force as of the effective date of this subchapter shall remain in effect until changed in accordance with this section.
(B) The Director, pursuant to subchapter I of Chapter 5 of Title 2, may revise such fees as are established by this subchapter. The proposed rules issued pursuant to this subparagraph 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 this 30-day review period, the proposed rules shall be deemed approved.
(2) The fees established pursuant to paragraph (1) of this subsection may vary according to the class of license and the particular kind of business being licensed and shall be reasonably related to the cost to the District of investigating, inspecting, and issuing the licenses.
(d)(1) All fees collected pursuant to this section shall be deposited in a special account and used only to defray the costs of licensing and license enforcement, including salaries, staff training, equipment, records, and computers.
(2) The Department shall not spend more for issuing and enforcing the provisions of this subchapter than has been collected through license fees, except that surplus funds or deficits occurring in any fiscal year may be carried forward for not more than 3 fiscal years.
§ 47–2851.05. Business license center.
(a) There is created the Business License Center (“Center”) within the Department of Licensing and Consumer Protection.
(b) The duties of the Center shall include the following:
(1) Developing and administering a computerized “one-stop” basic business license system capable of storing, retrieving, and exchanging license information with due regard to privacy statutes, as well as issuing and renewing basic business licenses in an efficient manner;
(2) Creating a license information service that shall provide to any member of the public, upon request, printed or electronic information detailing requirements to establish or engage in business in the District, including a list of all information, approvals, documents, and payments required for each and every license issued by the District government;
(3) Providing for staggered basic business license renewal, as set forth in § 47-2851.09;
(4) Identifying types of licenses appropriate for inclusion in the basic business license system;
(5) Recommending, in reports to the Mayor and the Council, the elimination, consolidation, or other modification of duplicative, ineffective, or inefficient licensing or inspection requirements;
(6) Incorporating licenses into the basic business license system;
(7) Providing a license information service to prepare and distribute license information packets that detail requirements for establishing or engaging in business in the District of Columbia; and
(8) Maintaining a registry of fictitious names or trade names as defined in § 47-2852.02, indicating the party or parties doing business under those names.
(c) The Director shall establish the position of Deputy Director of the Department who shall be responsible for the operation of the Center.
(d) The Director shall promulgate such regulations as may be necessary to effectuate the purposes of this subchapter.
§ 47–2851.06. Public information.
(a)(1) The Center shall compile information regarding the regulatory programs associated with each of the licenses obtainable under the basic business license system.
(2) This information shall include a listing of all laws and administrative rules that require the issuance of licenses.
(b)(1) The Center shall provide the information required by this section to any person requesting it.
(2) Materials used by the Center to describe the services provided by the Center shall indicate that this information is available upon request.
(c) Notwithstanding any other provision of District law, information submitted to the Center under this subchapter shall not be made available to the public; provided, that a person may be furnished with such information for one registrant based upon the submission of either the name or address of the registrant; provided further, that the person shall be limited to one request per day.
(d) Federal Employer Identification numbers and social security numbers shall not be released to the public, except if:
(1) Requested by a law enforcement agency; or
(2) Directed by a court order.
§ 47–2851.07. Issuance of licenses.
(a) Any person who is required to obtain a license that has been incorporated into the system shall submit a basic business license application, along with proof of Workers’ Compensation insurance coverage, or an exemption therefrom, to the Center requesting the issuance of the license. The basic business license application form shall contain, in consolidated form, all information necessary for the issuance of licenses.
(b) The applicant shall include with the application the sum of all fees and deposits required for the basic business license and any necessary or requested individual license endorsements.
(c)(1) Irrespective of any authority delegated to the Center to implement the provisions of this subchapter, the authority for determining eligibility and fitness for the issuance and renewal of any requested license that requires a pre-licensing or renewal investigation, inspection, testing, or other judgmental review by the regulatory agency legally authorized to make such determination shall remain with that agency.
(2) Repealed.
(d)(1) Upon receipt of the application and proper fee payment for any license for which issuance is subject to regulatory agency action under subsection (c) of this section, the Center shall immediately notify the relevant regulatory agency of the license requested by the applicant.
(2) Each regulatory agency shall advise the Center within 30 days after receiving the notice, or such other period as is established by law the following:
(A) That the agency approves the issuance of the requested license and will advise the applicant of any specific conditions required for issuing the license;
(B) That the agency denies the issuance of the license and gives the applicant reasons for the denial; or
(C) That no action has been taken on the application and the Department shall provide good and sufficient reasons for the delay and an estimate of when the action will be taken.
(e)(1) The Center shall issue a basic business license endorsed for all the approved licenses to the applicant and advise the applicant of the status of other requested licenses.
(2) It is the responsibility of the applicant to contest the decision regarding conditions imposed or licenses denied through the normal process established by statute or by regulation.
(f) Regulatory agencies shall be provided information from the basic business license application for their licensing and regulatory functions.
§ 47–2851.08. Basic business license application fees; renewal fees.
(a)(1) Except as provided in paragraph (1A) of this subsection, the Center shall collect the following fees for the issuance and endorsement of an initial license:
(A) $70 for each initial 2-year basic business license it issues, plus $25 for each endorsement added to an initial 2-year basic business license;
(B) $140 for each initial 4-year basic business license it issues, plus $25 for each endorsement added to an initial 4-year basic business license; and
(C) $35 for each initial 6-month basic business license it issues, plus $12.50 for each endorsement added to an initial 6-month basic business license.
(1A) No issuance or endorsement fee shall be charged by the Center for an initial General Business license and endorsement under 17 DCMR § 516.1(c) or an initial Employment Services license and endorsement under 17 DCMR § 513.1(a), (b), and (c).
(2) The entire basic business license application fee shall be deposited in the Basic Business License Fund established by § 47-2851.13.
(b)(1) Except as provided in paragraph (1A) of this subsection, the Center shall collect the following fees for the issuance and endorsement of a renewal license:
(A) $70 for each 2-year basic business renewal license it issues, plus $25 for each endorsement added to a 2-year basic business renewal license;
(B) $140 for each 4-year basic business renewal license it issues, plus $25 for each endorsement added to a 4-year basic business renewal license; and
(C) $35 for each 6-month basic business renewal license it issues, plus $12.50 for each endorsement added to a 6-month basic business renewal license.
(1A) No issuance or endorsement fee shall be charged by the Center for a General Business renewal license and endorsement under 17 DCMR § 516.1(c) or an Employment Services renewal license and endorsement under 17 DCMR § 513.1(a), (b), and (c).
(2) The entire application renewal fee shall be deposited in the Basic Business License Fund established by § 47-2851.13.
(c) The fees assessed pursuant to this section shall be in addition to any fees required by law or by statute for the issuance of license endorsements.
(d) Nothing in this section shall be read as reassigning license endorsement fees to the General Fund of the District of Columbia where the Mayor has determined or where the law requires that those fees should go to a dedicated fund to benefit a particular agency or department of the District government.
§ 47–2851.09. License expiration date.
(a)(1) The Center shall assign an expiration date for each basic business license. All renewable licenses endorsed on that basic business license shall expire on that date.
(2) Notwithstanding any other provision of law, every license issued in accordance with this subchapter shall be valid for either 2 or 4 years from the date of issue, depending on which license term the applicant selects, unless earlier revoked or voluntarily relinquished, and licenses shall be issued on a staggered basis, using as the renewal date the date of incorporation if the business is incorporated, the date of organization if the business is unincorporated, or the birth date of the principal if the business is a sole proprietorship. Except as otherwise provided in § 47-2851.08, the fee charged for a 4-year license renewal shall be twice that of a 2-year license renewal.
(2A) In addition to the 2-year and 4-year licenses authorized by paragraph (2) of this subsection, the Center also may issue licenses that are valid for 6 months from the date of issue, unless earlier revoked or voluntarily relinquished.
(3) Valid licenses that for any reason expire on a date other than a date determined in accordance with paragraph (2) of this subsection shall be extended automatically until the next anniversary of the date determined in accordance with paragraph (2) of this subsection.
(b) All renewable licenses endorsed on a basic business license shall be renewed by the Center under conditions originally imposed unless a regulatory agency advises the Center of conditions or denials to be imposed before the endorsement is renewed.
§ 47–2851.10. Lapsed and reinstated licenses.
(a) The Department may, by electronic mail or other methods of communication, send notice of impending license expiration, an application for renewal, and a statement of the applicable renewal fee to each licensee within 60 days prior to the expiration date at the mailing address or electronic mail address shown on the Department’s records for the licensee. It shall be the responsibility of the licensee to update the address information maintained by the Department.
(b)(1) A license that has not been revoked, suspended, or voluntarily relinquished and that has not been renewed by its expiration date shall be deemed to be lapsed. A licensee may apply for renewal of the license at any time within 30 days after the lapsing of the license and the license shall be reinstated upon the payment of a penalty of $250, plus all other applicable fees or penalties provided by law.
(2) A license that is lapsed for more than 30 days shall be deemed to be expired. A licensee whose license is lapsed for more than 30 days, but less than 6 months, after the lapsing of the license may apply for renewal of the license and the license shall be reinstated upon the payment of a penalty of $500, plus all other applicable fees and penalties provided by law.
(c)(1) Repealed.
(2) A licensee whose license has been expired for at least 6 months shall be treated as a new applicant and not as an applicant for renewal, unless otherwise provided by applicable law. If the new applicant conducted business during the 6 months after the expiration date of the license without complying with the renewal procedures pursuant to this section, the applicant shall be deemed to have conducted business without a license and shall be liable for any and all fees and fines applicable to conducting business without a license. A new application for a license shall not be processed until all applicable fines and fees have been paid.
(d) Any person who has obtained a license or renewed a license under false pretenses, including paying fees with a bad check, stating falsely that corporate status is current, or stating falsely that all taxes owed the District have been paid, shall be notified immediately of the problem and given 30 days from the date of notice to provide proof of having cured the problem. If the problem has not been corrected 30 days from the date of notification, the license shall be revoked and may only be reinstated upon proof of correction and payment of a $500 fine in addition to any other fees and fines required by this subchapter and all other relevant District laws and regulations.
§ 47–2851.11. Denial of master [basic]
(a) The Center shall not issue or renew a basic business license to any person or business entity if:
(1) The person or business does not have a valid tax registration or Certificate of Occupancy, if required;
(2) The person or business is delinquent in taxes, periodic report fees, or penalties owing to the District, is delinquent in service fees owed to the Water and Sewer Authority, or is not validly registered in accordance with District law. The Office of Tax and Revenue and the Water and Sewer Authority shall cooperate with the business license center to determine if taxes, fees, penalties or service fees are owing.
(3) The person or business has been denied any of the necessary endorsements for the type of business for which licensing is sought; or
(4) The person or business has not submitted the sum of all fees and deposits required for the requested individual license endorsements, any outstanding basic business license delinquency fee, or other fees and penalties to be collected through the system.
(b) Nothing in this section shall prevent registration by the District of an employer for the purpose of paying an employee workers’ compensation insurance or unemployment insurance benefits.
§ 47–2851.12. Additional licenses.
In addition to the licenses processed under the basic business license system that were required prior to the effective date of this subchapter, use of the basic business license system shall be expanded as needed for the processing of additional licenses as provided by District law.
§ 47–2851.13. Establishment of Basic Business License Fund; disposition of license fees, penalties, and fines.
(a) There is established the Basic Business License Fund (“Fund”) which shall be classified as a proprietary fund and a type of enterprise fund for the purposes of § 47-373(1). The Fund shall be credited with all fees that are identified in subsection (b) of this section.
(b) All fees collected for the issuance of a basic business license and endorsements, including renewals, late renewal penalties, other penalties, and fines, shall be deposited in the Fund. Half of the total amount of penalties and fines collected as a result of notices of infractions issued for basic business license violations shall also be deposited in the Fund. The entire cost of the basic business licensing system shall be paid from the Fund and no other appropriated funds shall be used for that purpose.
(c) Revenue credited to the Fund shall be expended by the Department as designated by an appropriations act of Congress, for the purposes of maintaining and upgrading the basic business licensing system, including copying fees, automation upgrades, personnel costs, and supplies.
(d)(1) A portion of the increased fees under § 47-2851.03d shall be used to reform and streamline the application and renewal process for licensing under this chapter.
(2) Within 6 months of [August 16, 2008], the Department shall report to the Chairperson of the Council committee with oversight of the Department on the specific steps taken to implement these new processes.
§ 47–2851.14. Certain professional licenses exempt. [Repealed]
Repealed.
§ 47–2851.15. Existing licenses or permits.
(a) A license or permit issued by the District which is valid on the effective date of this subchapter need not be registered under the basic business license system until the renewal or expiration date of that license or permit under the law in effect prior to the effective date of this subchapter, unless it has been otherwise revoked or suspended.
(b) Upon the renewal date of the above-referenced license or permit, the applicant shall receive a renewal date in accordance with § 47-2851.09.
§ 47–2851.16. Third party inspections for license endorsements.
(a) The Director shall determine the feasibility of allowing certain businesses the option of obtaining inspections at the applicant’s expense by authorized third party inspectors.
(b) The Director shall, whenever feasible, allow businesses required to be inspected pursuant to this subchapter the option of obtaining a third party inspector qualified for such activities by virtue of a certification from a nationally recognized and accredited organization; provided that the third party inspector:
(1) Is hired at the applicant’s own expense;
(2) Has obtained a valid District of Columbia license in the relevant area of expertise for which inspection authorization is sought; and
(3) Submits a sworn statement that no conflict of interest will arise with regard to the inspection of the applicant’s business.
(c) After conducting an appropriate review, the Director may from time to time authorize, or revoke the authorization of, organizations and individuals to conduct inspections for purposes of obtaining a basic business license or its endorsements under this chapter.
(d) The Center shall make known to any applicant or re-applicant for a basic business license the option of choosing inspection by the District or inspection at the applicant’s expense by an approved organization or individual and shall provide, upon request, the names of approved inspectors relevant to the particular basic business license application.
(e) The Department shall accept the findings of the third party inspector, and shall consider third party inspections permitted under this section as proper inspections for the purpose of issuance of a master [basic] business license or endorsement issued pursuant to this chapter.
(f) Persons who avail themselves of the third party inspection option are not entitled to a refund of any portion of the license fee.
§ 47–2851.17. Performance audit. [Repealed]
[Repealed].
§ 47–2851.18. Participation of District agencies.
All departments and agencies of the District of Columbia government are hereby directed to provide full participation and cooperation in the implementation of this subchapter.
§ 47–2851.19. Amnesty period.
Notwithstanding any provision of this subchapter, any business which was not required under law to obtain a license issued in the form of an endorsement to engage in a business in the District of Columbia and which did not obtain a basic business license prior to July 1, 2003, shall not be subject to any penalty or fine for failure to obtain a basic business license.
§ 47–2851.20. Authorization of Director to promulgate regulations.
The Director shall have the authority to implement the basic business license system outlined in this subchapter by appropriate regulation.
§ 47–2851.21. Bonding of licensees authorized to collect monies; exemptions. [Not Funded]
Not Funded.
§ 47–2851.22. Cease and desist orders. [Not Funded]
Not Funded.
§ 47–2851.23. Prosecutions. [Not Funded]
Not Funded.
§ 47–2851.24. Penalties. [Not Funded]
Not Funded.
Subchapter I-B. Non-Health Related Occupations and Professions Licensure.
§ 47–2853.01. Definitions.
For the purposes of this subchapter:
(1) “Board” means a panel of persons appointed in accordance with this subchapter to define and regulate the scope of practice and qualifications needed to practice particular occupations or professions in the District of Columbia.
(2) “Certificate” means a document issued by the Mayor to a person licensed in accordance with this subchapter certifying that the person has met the eligibility requirements for practicing a specialty established as a subcategory within the scope of the license and is authorized to perform the services of such specialty and to hold himself or herself out to perform such services, except as defined in § 47-2853.47.
(3) “Certify,” “certified” and “certification” means the designation on a certificate issued by the Mayor authorizing a person to practice a specialty within a license category.
(4) “Attorney General for the District of Columbia” means the Attorney General for the District of Columbia of the District of Columbia or designee.
(5) “District” means the District of Columbia.
(6) “License” means a document issued by the Mayor to a person who has met the eligibility standards and other requirements for practicing an occupation or profession regulated by this subchapter and who is therefore authorized to perform the services permitted by law and regulation to be performed by a person holding such a license, and to hold himself or herself out as authorized to perform such services.
(7) “Licensed” means that a person so designated has been granted a license by the Mayor to practice an occupation or profession in the District.
(8) “Registration” or “registered” means the inclusion of a person on a list of persons authorized to offer certain occupational or professional services in the District. “Registration” does not imply that the person has met any formal educational or training requirements or that the person has been examined and found to be competent to provide the services for which he or she has registered.
§ 47–2853.02. License, certification, and registration criteria.
(a) No person shall practice, attempt to practice, or offer to practice an occupation or profession for which a license, certification, or registration is required under this subchapter without a current valid license, certificate, or registration in accordance with the requirements of this subchapter.
(b) A license, certification, or registration is not required for the practice of any occupation, trade or profession not covered by this subchapter or Chapter 12 of Title 3.
(c) Nothing in this section shall relieve any person from the obligation to obtain a business license or endorsement or any other license or permit required by District law or regulation.
(d)(1) Licensure shall be required whenever the Mayor has determined that, in order to protect the public, a person who seeks to practice a particular occupation or profession must meet specified educational and training requirements, must demonstrate competency in that occupation or profession through examination or other proof of fitness, or must have a specified amount of experience in order to practice that occupation or profession.
(2) Any person who seeks to practice in an occupation or profession described in paragraph (1) of this subsection shall be required to obtain a license in order to practice the occupation or profession.
(e)(1) Certification shall be required whenever the Mayor has determined that, in order to protect the public, a person who is licensed to practice a particular occupation or profession must meet specified additional educational, training or experience requirements, or must successfully pass additional examination, to qualify for advanced practice or specialization in the licensed occupation or profession.
(2) Any person required to be licensed to practice an occupation or profession under this subchapter shall be required to obtain a certificate attesting to his or her qualifications to practice the occupation or profession at the higher level or in the specialty.
(f) Registration shall be required whenever the Mayor has determined that a person who seeks to practice a particular occupation or profession need not meet specified educational or training requirements nor demonstrate competence, but to protect the public should be identified as a practitioner of that occupation or profession.
(g) Each board established pursuant to § 47-2853.06 shall advise the Mayor as to whether the occupations or professions under its jurisdiction are appropriately regulated by licensure, certification, or registration in accordance with the criteria established in this section.
§ 47–2853.03. Scope of subchapter.
(a) This subchapter does not limit the right of a person to practice an occupation or profession that he or she is licensed, certified, or registered to practice, except as provided in this subchapter or by any other law or regulation. A person may practice any other occupation or profession for which authorization is not required by law.
(b) Nothing in this subchapter shall be construed to prohibit the practice of an occupation or profession by a person enrolled in a recognized training program, school, or college as a candidate for a degree or certificate in that occupation or profession, or enrolled in a recognized postgraduate training program, provided that the practice is performed:
(1) As part of a course of instruction;
(2) Under the supervision of a person who is either licensed, certified, or registered to practice that occupation or profession in the District or is qualified, according to law, as a teacher of that occupation or profession;
(3) At a facility operated by the District or federal government, or at a facility deemed appropriate for that purpose by the school, college or training program; and
(4) In accordance with procedures established by the board charged with the regulation of that occupation or profession.
(c) Nothing in this subchapter shall be construed to prohibit the practice of an occupation or profession by a person who has filed an initial application for licensure or certification and is awaiting action on that initial application, provided that the practice is performed:
(1) Under the supervision of an appropriate person licensed or certified in accordance with this subchapter;
(2) At a facility operated by the District or federal government, or other facility appropriate for the services being provided; and
(3) In accordance with any other requirements established by law or regulation.
(d) Except as expressly provided to the contrary in this subchapter, any person licensed, certified, or registered by any District agency established by any statute amended, repealed, or superseded by this subchapter is considered for all purposes to be licensed, registered, or certified by the appropriate board established under this subchapter for the duration of the term for which the license, certification, or registration was issued, and may renew that authorization in accordance with the appropriate renewal provisions of this subchapter.
(e) Except as provided to the contrary in this subchapter, any person who was originally licensed, certified, or registered under a provision of law that has been repealed by this subchapter is deemed to meet the education and experience requirements for licensure, certification, or registration as if that provision had not been repealed.
(f) The provisions of this subchapter prohibiting the practice of an occupation or profession without a license, certificate, or registration shall not apply to:
(1) A person employed in the District by the federal government, while he or she is acting in the official discharge of the duties of employment; or
(2) A person licensed or certified to practice an occupation or profession in a state who is called from that state for consultation in the District, or to give a demonstration or teach a course in the District, provided that the person engages in the consultation or demonstration in affiliation with a comparable licensed person pursuant to this subchapter or teaches at a licensed educational institution approved to offer instruction in the person’s field of expertise.
§ 47–2853.04. Regulated non-health related occupations and professions.
(a) The following non-health related occupations and professions have been determined to require regulation in order to protect public health, safety or welfare, or to assure the public that persons engaged in such occupations or professions have the specialized skills or training required to perform the services offered:
(1) Architect;
(2) Asbestos Worker;
(3) Attorney;
(4) Barber;
(4A) Body Artist;
(5) Boxer/Wrestler;
(6) Certified Public Accountant;
(7) Clinical Laboratory Director;
(8) Clinical Laboratory Technician;
(9) Cosmetologist;
(10) Commercial Driver;
(11) Commercial Bicycle Operator;
(12) Electrician;
(12A) Elevator Mechanic;
(12B) Elevator Contractor;
(12C) Elevator Inspector.
(13) Funeral Director;
(14) Insurance Agent;
(15) Insurance Broker;
(16) Interior Designer;
(17) Investment Advisor;
(18) Land Surveyor;
(18A) Landscape Architect;
(19) Notary Public;
(20) Operating Engineer;
(21) Plumber/Gasfitter;
(22) Principal (public school);
(23) Private Correctional Officer;
(24) Professional Engineer;
(25) Property Manager;
(26) Real Estate Appraiser;
(27) Real Estate Broker;
(28) Real Estate Salesperson;
(29) Refrigeration and Air Conditioning Mechanic;
(30) Securities Agent;
(31) Securities Broker-Dealer;
(32) Security Alarm Agent;
(33) Special Police Officer;
(34) Steam Engineer;
(35) Taxicab/Limousine Operator;
(36) Teacher and Other Instructional Personnel (public schools only); and
(37) Veterinarian.
(b) No other non-health related occupation or profession shall be regulated other than as set forth in subsection (a) of this section, except where there has been a determination by the Mayor that regulation is needed to protect the public interest and is consistent with the criteria for regulation specified in § 47-2853.02.
(c) All non-health related occupations and professions shall be regulated by the Mayor through the Department of Licensing and Consumer Protection, except as follows:
(1) Attorneys shall be regulated by the District of Columbia Court of Appeals, as provided in § 11-2501.
(2) Notaries public shall be regulated by the Mayor, as provided in [Chapter 12A of Title 1].
(3) Principals, teachers, and other instructional employees of the District of Columbia public schools shall be regulated by the Superintendent of Schools of the District of Columbia as delegated by the Board of Education, pursuant to § 38-105 [repealed], and teachers and instructional employees of the University of the District of Columbia (“University”) by the Board of Trustees of the University pursuant to §§ 38-1202.01 and 38-1202.06 and § 38-1202.11.
(4) Insurance agents and brokers, securities agents and brokers, and investment advisers shall be regulated by the Department of Insurance and Securities Regulation, as provided in subchapter I of Chapter 1 of Title 31, Chapter 36 of Title 3, and Chapter 37 [repealed] of Title 3.
(5) Hackers, taxicab and limousine operators shall be regulated by the Department of For-Hire Vehicles, as provided in § 47-2829.
(6) Commercial drivers and commercial bicycle operators shall be regulated by the Department of Public Works, as provided in Chapter 16 of Title 50 and Chapter 4 of Title 50.
(7) Special police, security alarm agents and private correctional officers shall be regulated by the Metropolitan Police Department as provided in § 5-129.02; § 7-2805; and subchapter VII of Chapter 2 of Title 24.
(8) Boxers, wrestlers, referees and other officials involved in boxing and wrestling contests shall be regulated by § 3-606(b).
(9) Clinical laboratory directors and clinical laboratory technicians shall be regulated by the Mayor in accordance with Chapter 2 of Title 44.
(10) Veterinarians shall be regulated by the Mayor in accordance with subchapter I of Chapter 5 of Title 3.
(11) Funeral directors shall be regulated by the Mayor in accordance with Chapter 4 of Title 3.
§ 47–2853.05. Exemptions; federal services.
Any person who is providing occupational or professional services for the federal government at a federal government facility in the District shall not be regulated under this subchapter. Any person who has a license or certificate issued by the federal government permitting that person to provide particular occupational or professional services may provide such services in the District of Columbia without obtaining a District license or certificate as long as the services provided by that person are within the scope of the federal license or certificate.
§ 47–2853.06. Establishment of boards.
(a)(1) There is established a Board of Architecture, Interior Design, and Landscape Architecture ("Board") to consist of 9 members, of whom:
(A) Four shall be architects licensed in the District;
(B) Two shall be interior designers licensed in the District;
(C) Two shall be professional landscape architects licensed in the District; and
(D) One shall be a consumer member.
(2) The Board shall regulate the practice of architecture, interior design, and landscape architecture.
(b)(1) There is hereby established a Board of Accountancy to consist of 5 members. Of the members of the Board, one shall be a consumer member and 4 shall be licensed as certified public accountants who, at the time of their appointments, have been engaged in the practice of public accountancy as certified public accountants in the District for a period of not less than 5 years. The Board shall regulate the practice of public accountants and certified public accountants.
(2) The standards of attestation specified in § 47-2853.41(1) shall be adopted by reference by the Board pursuant to rulemaking and shall be those developed for general application by recognized national accountancy organizations, such as the American Institute of Certified Public Accountants and the Public Company Accounting Oversight Board.
(c) There is established a Board of Barber and Cosmetology consisting of 14 members of whom 3 shall be barbers, 3 shall be cosmetologists, 3 shall be specialty cosmetologists, 3 shall be body artists, and 2 shall be consumer members. The Board shall regulate the practice of barbers, body artists, and cosmetologists, including specialty cosmetology practices such as braiding, electrolysis, esthetics, manicuring and others as the Mayor may from time to time establish by rule, instructors and managers of these practices, and owners of such facilities.
(d) There is established a Board of Industrial Trades consisting of 15 members, of whom 3 shall be plumbers licensed in the District, 2 shall be electricians licensed in the District, 2 shall be refrigeration and air conditioning mechanics licensed in the District, 2 shall be steam and other operating engineers licensed in the District, 2 shall be asbestos workers, one shall be an elevator mechanic licensed in the District, one shall be an elevator inspector licensed in the District, one shall be an elevator contractor licensed in the District, and one shall be a consumer member. The Board of Industrial Trades shall regulate the practice of plumbers, gasfitters, electricians, refrigeration and air conditioning mechanics, steam and other operating engineers, asbestos workers, elevator mechanics, elevator inspectors, except for those employed by the District of Columbia or by the Washington Metropolitan Area Transit Authority, and elevator contractors. The Board may establish bonding and insurance requirements, subcategories of licensure, education, and experience requirements for licensure, and other requirements.
(e) There is established a Board of Professional Engineering consisting of 7 members of whom 4 shall be professional engineers licensed in the District in various disciplines, 2 shall be land surveyors licensed in the District, and one shall be a consumer member. The Board shall regulate the practice of professional engineers and land surveyors.
(f) There is established a Board of Funeral Directors consisting of 5 members of whom 4 shall be funeral directors licensed in the District and one shall be a consumer member. The Board shall regulate the practice of funeral directors.
(g) There is established a Board of Real Estate Appraisers consisting of 5 members, of whom 3 shall be real estate appraisers licensed and in good standing in the District with not less than 3 years experience in real estate appraising immediately preceding his or her appointment to the Board, one of whom shall be a real estate broker licensed and in good standing in the District, and one shall be a consumer member. The Board shall regulate the practice of real estate appraisal, including the functions of a state appraiser certifying and licensing agency under Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, approved August 9, 1989 (103 Stat. 511; 12 U.S.C. §§ 3331 through 3351).
(h) There is established a Board of Real Estate consisting of 9 members of whom 3 shall be real estate brokers licensed in the District, 2 shall be real estate salespersons licensed in the District, 2 shall be property managers licensed in the District, one shall be an attorney admitted to the bar of the District of Columbia and engaged in the practice of real estate law, and one shall be a consumer member. All members of the Board shall be residents of the District during their tenure. The Board shall regulate the practices of real estate brokers, real estate salespersons, and property managers.
§ 47–2853.07. Appointment and tenure of board members.
(a) The Mayor, with the consent of the Council, shall appoint the members of each board to serve a 3-year term of office. The members first appointed shall serve staggered terms made for one, 2, or 3 years so that approximately one-third of the membership of each board shall expire each year. Members of the boards shall serve until their successor is appointed. Members may be appointed to succeed themselves, provided, however, that no member shall be appointed to serve more than 3 full consecutive 3-year terms. The terms of members of a board, after the initial terms, shall expire on the third anniversary of the date the first members constituting a quorum take the oath of office. A vacancy on a board shall be filled in the same manner as the original appointment was made. A member appointed to fill a vacancy shall serve until the expiration of the term or until a successor is appointed and sworn into office, whichever is later.
(b) The nomination transmitted under subsection (a) of this section shall be considered in accordance with § 1-523.01.
(c) The Mayor may remove a member of a board for incompetence, misconduct, or neglect of duty. The failure of a member of a board to attend at least half of the regular scheduled meetings of the board within a 12-month period shall constitute neglect of duty within the meaning of this section.
(d) Board members shall meet the following requirements for appointment or tenure:
(1) The members of each board shall be residents of the District at the time of appointment and during their tenure on the board. Members of the Board of Real Estate also shall have been residents of the District for at least one year prior to their appointment.
(2) Each professional member of a board, in addition to the requirements of paragraph (1) of this subsection, shall have been engaged in the practice of the occupation or profession regulated by the board for at least 3 years preceding appointment. Notwithstanding the above, professional members of the Board of Real Estate shall each have been actively engaged in their field for not less than 5 years immediately prior to their appointment to the Board and shall remain active in their field during their tenure on the Board.
(3)(A) Each consumer member of a board, in addition to the requirements of paragraph (1) of this subsection, shall:
(i) Be at least 18 years of age;
(ii) Not be a practitioner of a profession or occupation supervised by that board, or in training to become one;
(iii) Not have a household member who is a practitioner of a profession or occupation supervised by that board, or in training to become one; and
(iv) Not own, operate, or be employed in or have a household member who owns, operates, or is employed in a business which has as its primary purpose the sale of goods or services to practitioners of a profession or occupation supervised by that board.
(B) Within the meaning of subparagraph (A) of this paragraph, the term “household member” means a relative, by blood or marriage, or a ward of a person, or someone who shares the person’s actual residence.
(e) The position of a member of a board shall be forfeited upon his or her failure to maintain the qualifications required by this subchapter.
(f) Each professional member of a board shall disqualify himself or herself from acting on his or her own application for licensure or license renewal or on any other matter related to his or her practice of an occupation or profession.
§ 47–2853.08. Powers of the boards.
The boards established under this subchapter shall have the power, consistent with this subchapter, to:
(1) Determine the scope of practice, the requirements which an applicant must meet for initial licensure, certification or registration and for renewal of the same, including any continuing education requirements, and shall determine the appropriate level of regulation for every occupation or professional under the authority of the board;
(A) Where such standards already exist in any law or regulation of the District, those standards shall remain in effect until altered or amended; and
(B) Each board shall be responsible for continually monitoring the standards for the professions and occupations under its authority and for recommending to the Mayor changes in existing standards when such changes are necessary or desirable;
(2) Determine whether the standards for licensure by another jurisdiction, or certification by a national certifying organization, are substantially equivalent to the requirements of this subchapter and authorize the issuance of a license by reciprocity or endorsement to an applicant:
(A) Who is licensed or certified and in good standing under the laws of another state with requirements which, in the opinion of the board, were substantially equivalent at the time of licensure to the requirements of this subchapter, and which state admits professional licensed by the District in a like manner; and
(B) Who pays the applicable fees established by the Mayor;
(3) Review, upon referral from the Mayor, the qualifications of a candidate for licensing, certification or registration, or for renewal, whose eligibility is unclear and shall determine whether that candidate meets the applicable criteria for that occupation or profession. The determination of the board shall be binding on the Mayor, who shall issue or deny the license, certificate, or registration accordingly;
(4) Advise the Mayor, on the content of rules governing the conduct of persons licensed, certified, or registered;
(5) Hear and decide protests from any person denied a license or certificate, or the renewal of the same, by an official authorized by the Mayor to issue such licenses or renewals on the ground that the person does not meet the eligibility standards set by the board. The determination of the board shall be binding on the Mayor, who shall issue or deny the license, certificate, or registration accordingly;
(6) Receive complaints of malpractice or other complaints against any persons licensed, certified, or registered under the jurisdiction of the board and shall have the authority, after a hearing in accordance with the procedures set forth in § 47-2853.22, to discipline any such person by the imposition of the penalties provided in this subchapter;
(7) Submit names of persons qualified to serve on that board as professional or consumer members to the Mayor in accordance with the procedures set forth in § 47-2853.07(b) and (c). Persons whose names are submitted for professional seats on the board shall be determined by the board to be competent and experienced members of the profession with good reputations in their fields. Persons whose names are submitted for citizen seats shall be determined by the board to have no conflicts and to be willing and able to serve;
(8) Convene in committees smaller than the full board for the purpose of carrying out specific functions of the board, such as investigating complaints or determining appropriate discipline in accordance with the procedures set forth in §§ 47-2853.17 through 47-2853.19 [§ 47-2853.19 repealed, see now § 47-2844.01], provided that such smaller committees consist of not fewer than 3 board members, and the actions of such smaller committees are ratified by the full board;
(9) Notify the Mayor of actions taken regarding a licensee, certificate holder, or applicant; and
(10) Monitor the issuance of licenses and certifications by persons authorized to do so by the Mayor to make sure that the qualification standards established by the board are being adhered to, and shall recommend to the Mayor the disciplining or removal of any official issuing licenses not in accordance with those standards.
§ 47–2853.09. General provisions.
(a) All boards shall adopt uniform procedures which at a minimum require:
(1) Each board to elect a chairperson from among its members;
(2) Each board to meet not less than 4 times a year at times and places it determines and shall publish notice of all regular meetings at least one week in advance in the District of Columbia Register;
(3) A quorum to be a majority of the number of positions on the board; and
(4) A majority vote of those present and voting to be necessary and sufficient for any action taken by a board.
(b) Members of each board shall be entitled to receive compensation in accordance with § 1-611.08, and in addition shall be reimbursed for reasonable travel and other expenses incurred in the performance of their duties, subject to appropriations.
(c) No member of any board authorized by this subchapter shall be subject to any civil or criminal liability for actions taken or decisions rendered in carrying out this subchapter, nor for any statements made or recorded in the course of carrying out his or her responsibilities under this subchapter.
§ 47–2853.10. Staffing and administration.
(a) The boards established by this subchapter shall be under the administrative control of the Mayor. The Mayor shall be responsible for:
(1) Promptly issuing and renewing licenses or certificates or registering those persons who meet the standards established by the boards for each regulated profession or occupation of this subchapter, except that where there is a question as to whether an applicant is qualified, that question shall be referred to the appropriate board for resolution. Upon resolution of the question, the Mayor shall promptly take such action as the board determines is appropriate;
(2) Planning, developing, and maintaining procedures to ensure that the boards receive administrative support, including staff and facilities, sufficient to enable them to perform their responsibilities;
(3) Providing investigative and inspection services to the boards;
(4) Arranging for hearings on cases pursuant to guidelines established in § 47-2853.22 when requested to do so by a board, and providing facilities and support personnel to enable the board to hold such hearings, record the proceedings, and issue the resulting opinion;
(5) Furnishing expert services in noncompliance cases brought in an administrative or court proceeding;
(6) Providing budgetary and personnel services;
(7) Maintaining central files of records pertaining to licensure, certification, registration, inspections, investigations, and other matters requested by the boards;
(8) Providing information to the public concerning regulatory requirements and procedures;
(9) Publishing and distributing forms and instructions describing regulatory requirements and procedures and other materials as requested by the boards;
(10) Assisting, supplying, furnishing, and performing other administrative, clerical, and technical support the Mayor determines is necessary or appropriate;
(11) Making necessary rules relating to the administrative procedures for the regulation of professions and occupations;
(12) Issuing all rules necessary to implement the provisions of this subchapter;
(13) Notifying persons or other jurisdictions of the status of a licensee or certificate holder as deemed appropriate by rule or District or federal law; and
(14) Notifying other jurisdictions of disciplinary action taken against a licensee or certificate holder as required by District or federal law.
(b) In carrying out the administrative responsibilities described in subsection (a) of this section, the Mayor may out-source, by contract in accordance with the procurement laws of the District, any function that can be more efficiently and effectively performed in that manner.
(c) The D.C. Office of Personnel shall set the compensation of support personnel of the boards in accordance with Chapter 6 of Title 1. The Chief Procurement Officer or his or her designee may enter into contracts for support services for the boards in accordance with Chapter 3 of Title 2.
(d) The Mayor shall establish fee schedules for all services related to the regulation of occupations and professions. At the time of application for initial licensing, certification or registration, and at the time of application for renewal or for reinstatement of inactive or lapsed licenses, certificates or registration, each applicant shall be notified of, and shall pay, all fees and costs required for licensure, certification, or registration for the occupation or profession. The fee for the regulation of each profession or occupation shall be reasonably related to the cost of administering the licensing, certification or registration, including the cost of testing, processing and issuing the license, certificate or registration, and a proportionate share of the cost of running the board and any hearing procedures and other administrative functions. Fees, whenever possible, shall be comparable to the fees charged in neighboring jurisdictions for a similar license or certification. Application fees paid under this section shall not be refundable, even if the applicant withdraws his or her application for licensure, certification or registration, or is found to be not qualified.
(e) Each board, before March 1 of each year, shall submit a report to the Mayor and the Council of its official acts during the preceding fiscal year.
§ 47–2853.11. Occupations and Professions Licensure Special Account.
(a) In accordance with § 47-131(c)(4), there is hereby established within the General Fund of the District of Columbia a special account, called the Occupations and Professions Licensing Special Account to which shall be credited, without regard to fiscal year limitation pursuant to an act of Congress, the fees that are identified in §§ 47-2839 and 47-2839.01, and this subchapter.
(b) No revenues deposited into the continuing, nonlapsing special account may be obligated or spent in any year without a Congressional appropriation. Revenues in this continuing, nonlapsing special account that are carried over into a succeeding fiscal year may not be obligated or spent in the succeeding year without a new Congressional appropriation that permits such obligation or expenditure.
(c) Subject to the applicable laws relating to the appropriation of District funds, monies received and deposited in the Occupation and Professions Licensure Special Account shall be used to defray the expenses to discharge the administrative and regulatory duties as prescribed by §§ 47-2839 and 47-2839.01, and this subchapter. The special account shall not be used by any other District government agency and shall be used solely to carry out the functions of §§ 47-2839 and 47-2839.01, and this subchapter.
(d) The special account shall be continuing. Revenues deposited into the special account shall not revert to the General Fund at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in §§ 47-2839 and 47-2839.01, and this subchapter subject to authorization by Congress in an appropriations act.
§ 47–2853.12. License, certification, and registration criteria; waiver.
(a) A person applying for licensure, certification, or registration under this subchapter shall establish to the satisfaction of the Mayor that the person:
(1) Has not been convicted of an offense that is directly related to the occupation for which the license, registration, or certification is sought, pursuant to a determination made under § 47-2853.17(c-1)(2);
(2) Is at least 18 years of age, or at least 17 years of age if applying for license as a barber under § 47-2853.72 or as a cosmetologist, a cosmetologist-manager, a cosmetologist-owner, or any subcategory of specialty cosmetologist under § 47-2853.82;
(3) Has successfully completed the requirements set forth in law or regulation, as applicable;
(4) If required, has passed an examination or otherwise met the requirements established by the relevant board to demonstrate his or her fitness to practice the profession or occupation; and
(5) Meets any other requirements established by the relevant board by regulation to assure that the applicant has had the proper training, experience, and qualifications to practice the profession or occupation or any subcategory or specialization of the profession or occupation.
(b) A board shall waive the requirements for passage of an examination or other proof of fitness to practice for any person who:
(1) Presents proof that he or she is licensed or certified in the same or substantially similar profession or occupation, and is currently in good standing, in any state which, on the date such license or certification was issued had standards at least as high as those required for licensure or certification in the District and admits professionals licensed by the District in a like manner; or
(2) Has passed an examination acceptable to the board (or has met other requirements for certification) and has been certified by a recognized national certifying organization acceptable to the board whose standards on the date of such certification were at least as high as the standards required for the same profession or occupation in the District, and has not been disciplined or otherwise disqualified by the national certifying organization.
(c)(1) Notwithstanding subsection (b) of this section and except as provided in paragraph (2) of this subsection, where a board determines that the occupation or profession requires a substantial knowledge of District law or procedures, the board may require that an applicant, who is otherwise qualified by virtue of licensure in another state or certification by a national certifying organization, take an examination demonstrating knowledge of the relevant District laws or procedures.
(2) An applicant applying for licensure as a journeyman electrician pursuant to § 47-2853.92(b-1) shall not be required to take an examination demonstrating knowledge of the relevant District laws or procedures.
(3) An applicant applying for licensure as a journeyman plumber or journeyman gasfitter pursuant to § 47-2853.122(b) shall be exempt from the requirements of this subsection.
(4) An applicant applying for licensure as a journeyman refrigeration and air conditioning mechanic pursuant to § 47-2853.202(c) shall be exempt from the requirements of this subsection.
(d) Each board by regulation shall maintain a list of each national certifying organization, and each state, whose standards have been determined to be at least as high as those required by the District, and which admits professionals licensed by the District in a like manner.
(d-1) The Board of Industrial Trades shall annually update the list of national certifying organizations required to be maintained pursuant to subsection (d) of this section.
(e) The Mayor may deny a license or certificate to an applicant whose license or certificate to practice an occupation or profession was revoked or suspended in another jurisdiction if the basis of the revocation or suspension would have caused a similar result in the District, or if the applicant is the subject of pending disciplinary action regarding his or her right to practice in another jurisdiction.
(f) The Mayor may deny a license or certificate to an applicant licensed or certified in another jurisdiction who has failed to meet the continuing education requirements established by that jurisdiction, but failure of an applicant to meet the continuing education requirements established by the District shall not be a basis for denial of a District license or certificate if the jurisdiction in which the applicant was licensed does not have continuing education requirements or has requirements that are different than those required by the District for the occupation or profession.
(g) The Mayor may grant a license or certificate to an applicant whose education and training in an occupation or profession has been successfully completed in a foreign school, college, university, or training program, or who is licensed or certified in the same or substantially similar profession or occupation by the foreign jurisdiction, if the applicant otherwise qualifies for licensure or certification, including passing an examination if required, and if the board determines that the education and training requirements for licensure or certification in the foreign jurisdiction were substantially equivalent, at the time they were received by the applicant, to the requirements of this subchapter.
(h) An applicant for a license, certificate, or registration shall:
(1) Submit an application to the Mayor on the form required by the Mayor; and
(2) Pay the applicable fees established by the Mayor.
(i) An applicant for licensure who otherwise qualifies for a license is entitled to be examined as follows:
(1) Each board that requires the passage of an examination for licensure shall give applicants the opportunity to take such examination at least twice a year.
(2) When a board determines that a national examination is acceptable, then the frequency, time, and place that the national examination is given shall be considered acceptable and in accordance with this subchapter.
(3) The Mayor shall notify each qualified applicant of the time and place of examination.
(4) Except as otherwise provided by this subchapter, each board shall determine the subjects, scope, form, and passing score for examinations to assess the ability of the applicant to practice effectively the occupation or profession regulated by the board, except that when a national examination has been determined to be acceptable, the board shall use the passing score recommended by the organization administering the national examination.
(j) A person licensed or certified under this subchapter to practice an occupation or profession is authorized to practice that occupation or profession in the District while the license is effective.
(k) A person who fails to renew a license or certification required by this subchapter, or fails to re-register, shall be considered to be unqualified to practice the occupation or profession and subject to the penalties set forth in this subchapter and other applicable laws of the District if he or she continues to practice the profession or occupation.
(l) A license, certificate or registration, expires 2 years from the date of its first issuance or renewal unless renewed in accordance with procedures established in this section, except where another period is provided by law or regulation.
(m) Each board may establish by rule continuing education requirements as a condition for renewal of licenses or certificates issued under this subchapter.
(n)(1) A person may petition a board at any time, including before obtaining education or training required for the occupation for which the license, registration, or certification is sought, to determine whether the person would be disqualified by the board pursuant to § 47-2853.17(c-1)(2).
(2) The board shall render its decision on a person's petition within 90 days after receipt of the petition.
§ 47–2853.13. Procedures for renewal of license, certification, and registration.
(a) At least 30 days before the license, certification or regulation expires, or a greater period as established by rule, the Mayor shall send to the person licensed, certified or registered, by first class mail to his or her last known address, a renewal notice that states:
(1) The date on which the current license, certificate, or registration expires;
(2) The date by which the renewal application must be received for renewal to be issued prior to expiration; and
(3) The amount of the renewal fee.
(b) Before a license, certificate or registration expires, it may be renewed for an additional term, if the person applying for renewal:
(1) Submits a timely application;
(2) Is otherwise eligible to be renewed;
(3) Pays the renewal fee established by the Mayor;
(4) Submits satisfactory evidence of compliance with any continuing education requirements established by the board; and
(5) Meets any other requirements established by law or regulation.
(c) The Mayor shall renew the license or certificate, or shall re-register, each applicant for renewal who meets the requirements of this section and § 47-2853.13 [sic], unless a question has been raised about whether an applicant for renewal is eligible for renewal. Where questions arise about the eligibility of the applicant for renewal, the board with responsibility for that occupation or profession shall investigate and determine whether the applicant shall be renewed.
§ 47–2853.14. Inactive status.
(a) Upon application by any person licensed, certified, or registered to practice an occupation or profession in the District and payment of an inactive status fee established by the Mayor, the Mayor shall place such person on inactive status.
(b) While on inactive status, the person shall not be subject to the renewal fee and shall not practice, attempt to practice, or offer to practice the occupation or profession in the District.
(c) The Mayor shall issue a license or certificate or shall register any person who is on inactive status for less than 5 years and who desires to resume the practice of an occupation or profession for which that person was previously licensed, certified, or registered if that person:
(1) Pays the fee established by the Mayor;
(2) Complies with the continuing education requirements in effect at the time application is made for reactivation; and
(3) Complies with all current requirements for renewal of licensing, certification, or registration.
(d) If the person seeking return to active status has been on inactive status for 5 years or more, he or she shall be considered a new applicant and shall be required to meet all current requirements for licensure, unless the relevant board in its discretion determines that the failure to renew during the 5-year inactive period was due to reasonable cause or excusable neglect.
§ 47–2853.15. Reinstatement of expired license.
(a) If a person fails for any reason to renew the license, certificate, or registration prior to expiration, the Mayor shall reinstate the license, certificate, or registration if the person:
(1) Applies to the board for reinstatement within 5 years after the license, certification or registration expires;
(2) Complies with current requirements for renewal of a license, certification or registration;
(3) Pays a reinstatement fee established by the Mayor; and
(4) Submits to the board satisfactory evidence of compliance with the qualifications and requirements established under this subchapter for reinstatements.
(b) The Mayor shall not reinstate the license, certification, or registration of a person who fails to apply for reinstatement within 5 years after the license, certification or registration expires. Such person may become licensed, certified, or registered only by meeting the requirements for obtaining an initial license, certification, or registration under this subchapter.
§ 47–2853.16. Display of license, certificate, or registration; notice of changes of address.
(a) Each person licensed, certified, or registered under this subchapter shall conspicuously display or maintain on file the license, certificate, or registration in all places of covered non-health related business or places of employment.
(b) Each person licensed, certified, or registered under this subchapter shall notify the Mayor of any change of address of the place of residence or place of business or employment within 30 days after the change of address.
(c) Each person licensed, certified, or registered under this subchapter shall be subject to the penalties provided by this subchapter for failure to comply with the requirements of this section.
§ 47–2853.17. Revocation, suspension, or denial of license or privilege; civil penalty; reprimand.
(a) Each board, subject to the right of a hearing as provided by this subchapter, on an affirmative vote of a majority of its members present and voting, may take one or more of the actions provided in subsection (c) of this section against any applicant or person permitted by this subchapter to practice an occupation or profession regulated by the board who:
(1) Knowingly provides false or misleading information on or in support of an application or renewal application;
(2) Fraudulently or deceptively obtains, or attempts to obtain, a license or certificate, or to register, for another person;
(3) Fraudulently or deceptively uses a license, certificate, or registration;
(4) Is disciplined by a licensing or disciplinary authority in another jurisdiction, or is convicted or disciplined by a court of any jurisdiction, for conduct that would be grounds for disciplinary action under this section;
(5) Has been convicted of an offense that is directly related to the occupation for which the license, registration, or certification is sought or held, pursuant to a determination made under subsection (c-1)(2) of this section;".
(6) Has been determined to be professionally or mentally incompetent or physically incapable of carrying out the services for which that person has been licensed, certified or registered;
(7) Is addicted to, or habitually abuses, any narcotic or controlled substance as defined in Chapter 9 of Title 48 (“Uniform Controlled Substances Act”).
(8) Provides, or attempts to provide, professional services while under the influence of alcohol or while using any narcotic or controlled substance as defined in the Uniform Controlled Substances Act, or other drug in excess of therapeutic amounts or without valid medical indication;
(9) Willfully makes or files a false report or record in the practice of his or her occupation or profession, willfully fails to file or record any report required by law, impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;
(10) Willfully fails or refuses to comply with any lawful inquiry made by a board with authority over the person’s occupation or profession, or to cooperate fully with such board in the conduct of its official duties;
(11) After proper request in accordance with law, fails to provide records kept by that person in the course of the practice of his occupation or profession to which any other person is lawfully entitled;
(12) Willfully makes a misrepresentation as to what services the person is authorized to perform under the terms of his or her license, certificate or registration;
(13) Willfully practices an occupation or profession with an unauthorized person or aids an unauthorized person in the practice of an occupation or profession;
(14) Submits false statements to collect fees for which services have not been provided or submits statements to collect fees for services which were not authorized and were not necessary;
(15) Fails to pay a civil fine imposed by the Mayor, a board, other administrative officer, or court;
(16) Willfully breaches a statutory, regulatory, or ethical requirement of the profession or occupation, unless ordered by a court;
(17) Refuses to provide service for which he or she is licensed, certified or registered, to any person for reasons prohibited by Unit A of Chapter 14 of Title 2, or any other District or federal anti-discrimination law or regulation;
(18) Performs, offers, or attempts to perform services beyond the scope of those authorized by the registration, license or certificate, if such services require registration, licensing, or certification under District law;
(19) Violates any District or federal law, regulation, or rule related to the practice of the occupation or profession;
(20) Violates a valid order of a board or violates a consent decree or negotiated settlement entered into with a board;
(21) Demonstrates a willful or careless disregard for the standards of acceptable conduct and prevailing practice within the occupation or profession;
(22) Demonstrates a willful or careless disregard for the health, welfare, or safety of any client or member of the public in the practice of the occupation or profession, regardless of whether such person sustains actual injury as a result; or
(23) Fails to pay the applicable fees required by this subchapter.
(b)(1) A board may require a licensed or certified person to submit to a mental or physical examination whenever it has probable cause to believe that person is impaired due to the reasons specified in subsection (a)(6), (7), or (8) of this section. The examination shall be conducted by one or more health professionals designated by the board, and he, she, or they shall report their findings concerning the nature and extent of the impairment, if any, to the board and to the person who was examined.
(2) Notwithstanding the findings of the examination ordered by the board, the licensed or certified person may submit, in any proceedings before a board or other adjudicatory body, the findings of an examination conducted by one or more health professionals of his or her choice to rebut the findings of the examination ordered by the board.
(3) Willful failure or refusal to submit to an examination requested by a board shall be considered as affirmative evidence that the licensed or certified person is in violation of subsection (a)(6), (7), or (8) of this section, and the person shall not be entitled to submit the findings of another examination in disciplinary or adjudicatory proceedings related to the violation.
(c) Upon determination by a board that an applicant, licensee, registrant, person certified, or person permitted by this subchapter to practice in the District has committed any of the acts described in subsection (a) of this section, the board may direct the Mayor to:
(1) Deny a license or certificate to an applicant;
(2) Revoke or suspend the license, registration, or certification of any licensee, registrant, or person certified;
(3) Revoke or suspend the privilege to practice in the District of any person permitted by this subchapter to practice in the District;
(4) Reprimand any licensee, registrant, person certified, or person permitted by this subchapter to practice in the District;
(5) Impose a civil fine not to exceed $5,000 for each violation by any applicant, licensee, registrant, person certified, or person permitted by this subchapter to practice in the District;
(6) Require a course of remediation, approved by the board, which may include:
(A) Therapy or treatment;
(B) Retraining; and
(C) Reexamination, in the discretion of and in the manner prescribed by the board, after the completion of the course of remediation;
(7) Require a period of probation; or
(8) Issue a cease and desist order pursuant § 47-2853.19 [repealed, see now § 47-2844.01].
(c-1)(1) A board shall not:
(A) Inquire into or consider:
(i) An applicant's criminal conviction until after the applicant is found by the board to be otherwise qualified; or
(ii) For an applicant, licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District:
(I) A conviction that has been sealed, expunged, vacated, or pardoned, including a conviction that has been set aside pursuant to [subchapter I of Chapter 9 of Title 24];
(II) A juvenile adjudication; or
(III) Non-conviction information, including information related to a deferred sentencing agreement, participation in a diversion program, or an arrest that did not result in a conviction; or
(B) Consider a conviction of an offense of an applicant, licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District that is not directly related to the occupation for which the license, registration, or certification is sought or held.
(2) Pursuant to paragraph (1)(B) of this subsection, a board shall determine whether a conviction of an offense of an applicant, licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District is directly related to the occupation for which a license, registration, or certification is sought or held by considering the totality of the following factors:
(A) Whether the elements of the offense are directly related, by clear and convincing evidence, to the specific duties and responsibilities of the occupation;
(B) Any evidence produced by the applicant, licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District concerning their rehabilitation and fitness, including:
(i) Evidence as to whether the applicant, licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District has recidivated;
(ii) Evidence demonstrating compliance with any terms and conditions of probation, supervised release, or parole;
(iii) The length of time that has elapsed since the offense was committed;
(iv) The age at which the offense was committed;
(v) Any circumstances related to the offense, including mitigating circumstances;
(vi) Evidence of work history, particularly any training or work experience related to the occupation; and
(vii) Letters of reference; and
(C) The District's interest in promoting employment opportunities for individuals with criminal records.
(c-2) By January 1 of each year, the Mayor shall submit a report to the Council that includes the following information from the prior fiscal year for each board:
(1) The number of petitions filed pursuant to § 47-2853.12(n) and the board's decisions on those petitions;
(2) The number of applications filed and, of those, the number that were not pursued by the applicant, granted, or denied, and applicants' demographic information;
(3) The number of applicants, licensees, registrants, persons certified, or persons permitted by [this subchapter] to practice in the District who received a notice of intent to deny, suspend, or revoke based on the person's criminal conviction, which criminal offenses were used as a basis for the decision, and the number of applicants, licensees, registrants, persons certified, or persons permitted by [this subchapter] to practice in the District who provided additional information in response to the notice, pursuant to § 47-2853.22(a-1)(1)(D);
(4) The number of applicants, licensees, registrants, persons certified, or persons permitted by [this subchapter] to practice in the District with a criminal conviction who proceeded to a hearing, and whether those individuals were represented by counsel;
(5) The number of applicants, licensees, registrants, persons certified, or persons permitted by [this subchapter] to practice in the District with a criminal conviction who appealed the board's final decision, as well as the outcome of each appeal; and
(6) A description of how each board has facilitated access to licenses, registrations, and certifications for persons with a criminal record in light of the District's interest in promoting employment opportunities for individuals with criminal records.
(d) Nothing in this subchapter shall preclude prosecution for a criminal violation of this subchapter regardless of whether the same violation has been or is the subject of one or more of the disciplinary actions provided by this subchapter. Criminal prosecution may proceed prior to, simultaneously with, or subsequent to administrative enforcement action.
(e) A person licensed to practice an occupation or profession in the District is subject to the disciplinary authority of the relevant board on the basis of disciplinary action taken by another jurisdiction if the basis of the disciplinary action would have caused a similar result in the District.
§ 47–2853.18. Summary suspension or restriction of license.
(a) If the Mayor determines, after investigation, that the conduct of a licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District, presents an imminent danger to the health and safety of persons in the District, the Mayor may summarily suspend or restrict, without a hearing, the license, registration, certification, or permission to practice an occupation or profession.
(b) The Mayor, at the time of the summary suspension or restriction of a license, shall provide the licensee with written notice stating the action that is being taken, the right of the licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District to request a hearing, and legal resources available in the District.
(c) A licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District shall have the right to request a hearing within 72 hours after service of notice of the summary suspension or restriction of license, registration, certification, or permission. The board shall hold a hearing within 72 hours of receipt of a timely request, and shall issue a decision within 72 hours after the hearing.
(d) Every decision and order adverse to a licensee, registrant, person certified, or person permitted to practice by [this subchapter] in the District shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings shall be supported by, and in accordance with, reliable, probative, and substantial evidence. The relevant board shall provide a copy of the decision and order and accompanying findings of fact and conclusions of law to each party to a case or to his or her attorney of record.
(e) Any person aggrieved by a final summary action may file an appeal in accordance with subchapter I of Chapter 5 of Title 2.
§ 47–2853.19. Cease and desist orders. [Repealed]
Repealed.
§ 47–2853.20. Voluntary surrender of license.
(a) Any person who is the subject of an investigation into, or a pending proceeding involving, allegations of misconduct may voluntarily surrender his or her registration, license, or certificate to practice in the District, but only by delivering to the Mayor an affidavit stating that the person desires to surrender the registration, license, or certificate and that the action is freely and voluntarily taken, and not the result of duress or coercion.
(b) Upon receipt of the required affidavit, the Mayor shall enter an order revoking or suspending the registration, license, or certificate of the person.
(c) The voluntary surrender of a registration, license, or certificate shall not preclude the imposition of civil or criminal penalties against the licensee.
§ 47–2853.21. Voluntary limitation or surrender; confidentiality.
(a)(1) Any registration, license, or certificate issued under this subchapter may be voluntarily limited by the licensee or certificate holder either:
(A) Permanently;
(B) For an indefinite period of time to be restored at the discretion of the board regulating the occupation or profession; or
(C) For a definite period of time under an agreement between the licensee or certificate holder and the board.
(2) During the period of time that the license or certificate has been limited, the licensee or certificate holder shall not engage in the practices or activities to which the voluntary limitation of practice relates.
(3) As a condition for accepting the voluntary limitation of practice, the board may require the licensee or certificate holder to do one or more of the following:
(A) Accept care, counseling, or treatment by a health professional acceptable to the board;
(B) Participate in a program of education prescribed by the board; and
(C) Practice under the direction of a licensed or certified person in the same or a similar occupation or profession acceptable to the board for a specified period of time.
(b)(1) Any license or certificate issued under this subchapter may be voluntarily surrendered to the board by the licensee or certificate holder either:
(A) Permanently;
(B) For an indefinite period of time to be restored at the discretion of the board regulating the occupation or profession; or
(C) For a definite period of time under an agreement between the licensee or certificate holder and the board.
(2) During the period of time that the license or certificate has been surrendered, the person surrendering the license or certificate shall not practice, attempt to practice, or offer to practice the occupation or profession for which the license or certificate is required, shall be considered as not licensed or certified, and shall not be required to pay the fees for licensing or certification.
(c) All records, communications, and proceedings of the board related to the voluntary limitation or surrender of a license under this section shall be confidential.
§ 47–2853.22. Hearings; final decision.
(a) Before a board denies an applicant a registration, license, or certificate, revokes or suspends a registration, license, or certificate, reprimands a licensee or certificate holder, imposes a civil fine, requires a course of remediation or a period of probation, or denies an application for reinstatement, it shall give the person against whom the action is contemplated an opportunity for a hearing before the board except where the denial of the license is based solely on an applicant’s failure to meet minimum age, education, or experience requirements, pass a required examination, pay the applicable fees established by the board, or where there are no material facts at issue.
(a-1)(1) Before holding a hearing under this section due to a determination made under § 47-2853.17(c-1)(2), the board shall notify the applicant, licensee, registrant, person certified, or person permitted to practice by [this subchapter] in the District, in writing, with the following information:
(A) The conviction that forms the basis for the action, and the board's reasoning for determining the offense is directly related to the occupation for which the license, registration, or certification is sought or held, pursuant to § 47-2853.17(c-1)(2);
(B) A copy of any criminal history records on which the board relies;
(C) A statement that the applicant, licensee, registrant, person certified, or person permitted to practice by [this subchapter] in the District may provide evidence of inaccuracies within the criminal history records;
(D) A description of additional information that the applicant, licensee, registrant, person certified, or person permitted to practice by [this subchapter] in the District may provide to demonstrate their rehabilitation and fitness; and
(E) Information about the hearing procedures in this section.
(2)(A) After receiving notice pursuant to paragraph (1) of this subsection, the applicant, licensee, registrant, person certified, or person permitted to practice shall have 45 business days to respond.
(B) The board shall have 45 business days after the response is received to issue its final decision.
(b) A board, at its discretion, may request the applicant, licensee or certificate holder to attend a settlement conference prior to holding a hearing under this section, and may enter into negotiated settlement agreements and consent decrees to carry out its functions.
(c) Except to the extent that this subchapter specifically provides otherwise, a board shall give notice and hold the hearing in accordance with subchapter I of Chapter 5 of Title 2.
(d) The hearing notice to be given to the person shall be sent by certified mail to the last known address of the person at least 15 days before the hearing, and shall include information on legal resources available in the District.
(e) The person may be represented at the hearing by counsel.
(f)(1) A board may administer oaths and require the attendance and testimony of witnesses and the production of books, papers, and other evidence in connection with any proceeding under this section.
(2) A board shall require the attendance of witnesses and the production of books, papers, and other evidence reasonably requested by the person against whom an action is contemplated.
(3) In case of contumacy by or refusal to obey a subpoena issued by the board to any person, the board may refer the matter to the Superior Court of the District of Columbia, which may by order require the person to appear and give testimony or produce books, papers, or other evidence bearing on the hearing. Refusal to obey such an order shall constitute contempt of court.
(g) If, after due notice, the person against whom the action is contemplated fails or refuses to appear, a board may hear and determine the matter.
(h) A board shall issue its final decision in writing within 90 days after conducting a hearing.
(i) A board may delegate its authority under this subchapter to hold hearings and issue final decisions to a panel of 3 or more members of the board. Final decisions of a hearing panel shall be considered final decisions of the board for purposes of appeal to the District of Columbia Court of Appeals, except that the person against whom an action is contemplated may ask for a rehearing before the full board. If a rehearing before the full board is requested, no appeal to the District of Columbia Court of Appeals shall be permitted until the full board has issued a ruling.
§ 47–2853.23. Appeal and review.
Any person aggrieved by a final decision of a board may appeal the decision to the District of Columbia Court of Appeals pursuant to § 2-510.
§ 47–2853.24. Reinstatement of suspended or revoked license.
(a) Except as provided in subsection (b) of this section, a board may reinstate the license or privilege of a person whose license or privilege has been suspended or revoked by the board only in accordance with:
(1) The terms and conditions of the order of suspension or revocation; or
(2) A final judgment or order in any proceeding for review.
(b)(1) If an order of suspension or revocation was based on the conviction of an offense that is directly related to the occupation for which the license, registration, or certification was held, pursuant to a determination made under § 47-2853.17(c-1)(2) and the conviction subsequently is overturned at any stage of an appeal or other post-conviction proceeding, the suspension or revocation shall end when the conviction is overturned.
(2) After the process of review is completed, the clerk of the court issuing the final disposition of the case shall notify the board or the Mayor of that disposition.
§ 47–2853.25. Licenses and certifications issued prior to this subchapter.
Any person who has been properly licensed or certified under any prior law or regulation of the District, has a valid license or certificate, and on the effective date of this subchapter is in the active practice of the occupation or profession for which he or she has been licensed or certified shall be deemed qualified to practice that occupation or profession, notwithstanding that such person does not meet the qualifications for licensure or certification set forth in this subchapter. The person shall be eligible to renew that license or certificate and continue to practice that occupation or profession as long as all current requirements for licensure or certification are met and unless disciplined as provided in this subchapter.
§ 47–2853.26. False representation of authority to practice.
Unless authorized to practice an occupation or profession under this subchapter, a person shall not represent to the public by title, description of services, methods, or procedures, or otherwise that the person is authorized to practice that occupation or profession in the District.
§ 47–2853.27. Fines and penalties; criminal violations.
(a) Any person who violates any provision of this subchapter shall, upon conviction, be subject to imprisonment not to exceed one year, a fine not to exceed $10,000, or both.
(b) Any person who has been previously convicted under this subchapter shall, upon conviction, be subject to imprisonment not to exceed one year, a fine not to exceed $25,000, or both.
(c) The fines set forth in this section shall not be limited by [§ 22-3571.01].
§ 47–2853.28. Prosecutions.
(a) Prosecutions for violations of this subchapter shall be brought in the name of the District of Columbia by the Attorney General for the District of Columbia.
(b) In any prosecution brought under this subchapter, any person claiming an exemption from regulation under this subchapter shall have the burden of providing entitlement to the exemption.
§ 47–2853.29. Fines and penalties; civil alternatives.
Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter, pursuant to Chapter 18 of Title 2.
§ 47–2853.30. Injunctions; unlawful practices.
(a) The Attorney General for the District of Columbia may bring an action in the Superior Court of the District of Columbia in the name of the District of Columbia to enjoin the unlawful practice of any occupation or profession or any other action which is grounds for the imposition of a criminal penalty or disciplinary action under this subchapter.
(b) Remedies under this section are in addition to criminal prosecution or any disciplinary action by a board.
(c) In any proceeding under this section, it shall not be necessary to prove that any person is personally injured by the action or actions alleged.
Part A. Accountants.
§ 47–2853.41. Definitions; scope of practice for accountants.
For the purposes of this part, the term:
(1) “Attest services” or “attestation services” means providing any of the following services:
(A) An audit or other engagement to be performed in accordance with the Statements on Auditing Standards;
(B) A review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services;
(C) An examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements;
(D) An engagement to be performed in accordance with the Auditing Standards of the Public Company Accounting Oversight Board; and
(E) An examination, review, or agreed-upon procedures engagement to be performed in accordance with the Statements on Standards for Attestation Engagements, other than an examination described in subparagraph (C) of this paragraph.
(2) “Board” means the Board of Accountancy established under § 47-2853.06(b).
(3) “Certificate” means the certificate of certified public accountant.
(4) “Compilation service” means providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services that is presenting in the form of financial statements information that is the representation of management or owners without undertaking to express any assurance on the statements.
(5) “Firm” means a sole proprietorship, a corporation, a partnership, or any other form of organization.
(6) “Home office” means the location specified by the client as the address to which a service described in § 47-2853.49(d)(4) is directed.
(7) “Practice of certified public accounting” means providing accounting or consulting services under circumstances where there is an expectation of public confidence in the services, and attesting to the results, including:
(A) Expressing opinions on financial statements or audits;
(B) Reviewing financial statements and issuing reports in standard form on the statements;
(C) Compiling financial statements and issuing reports in standard form on the compilations; and
(D) Examining prospective financial information.
(8) “Principal place of business” means the office location designated by a certified public accountant for purposes of § 47-2853.49 and reciprocity.
§ 47–2853.42. Eligibility requirements.
An applicant for licensure as a certified public accountant shall establish to the satisfaction of the Board of Accountancy that the applicant:
(1) [Repealed].
(2) [Repealed].
(3) Has passed an examination in accounting and auditing and such related subjects as the Board shall determine to be appropriate;
(4)(A) Holds a baccalaureate degree with a concentration in accounting conferred by a college or university recognized by the Board or holds that which the Board determines to be substantially the equivalent thereof; or
(B) Holds a baccalaureate degree acceptable to the Board supplemented with the equivalent of an accounting concentration including related courses in other areas of business administration; and
(C) For applicants receiving a baccalaureate degree after January 1, 2000, in addition to meeting the requirements of either subparagraphs (A) or (B) of this paragraph, possesses 150 semester hours of college education; and
(5) Meets any other requirements established by rule to ensure that the applicant has the proper training, experience, and qualifications to practice as a certified public accountant.
§ 47–2853.43. Certain representations prohibited.
(a) Except as provided in § 47-2853.49 and as permitted by the Board pursuant to subsection (b) of this section, no person shall assume or use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant, unless the person has received a license as a certified public accountant under this subchapter . No firm shall assume or use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of certified public accountants unless the firm is registered as a firm of certified public accountants , and all offices of such firm in the District for the practice of public accounting are maintained and registered as required by § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(4). No person shall assume or use the title or designation “public accountant” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such person is a public accountant unless that person is licensed as a certified public accountant under this part.
(b) No firm shall assume or use the title or designation “public accountant” or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of public accountants unless it is a firm of public accountants or a firm of certified public accountants , and all offices of the firm in the District for the practice of public accounting are maintained and registered as required under § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(4).
(c) No person or firm shall assume or use the title or designation “certified accountant,” “chartered accountant,” “enrolled accountant,” “licensed accountant,” “registered accountant,” “accredited accountant,” or any other title or designation likely to be confused with “certified public accountant” or “public accountant,” or any of the abbreviations “CA,” “PA,” “RA,” “LA,” or “AA,” or similar abbreviations likely to be confused with “CPA”; provided, however, that anyone who holds a practice privilege pursuant to § 47-2853.49, may hold himself out to the public as an “accountant” or “auditor.”
(d)(1) No person shall sign or affix his or her name or any trade or assumed name used by the person in his or her profession or business to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing financial information or facts concerning compliance with conditions established by law or contract, including, but not limited to, statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying or contained in the opinion or certificate which indicates that the person is either an accountant or an auditor or has expert knowledge in accounting or auditing, unless the person holds a valid license or registration issued by the Board, or unless the person holds a practice privilege pursuant to § 47-2853.49.
(2) The provisions of this subsection shall not prohibit any officer, employee, partner, or principal of any organization from affixing his or her signature to any statement or report in reference to the affairs of the organization with any wording designating the position, title, or office which he or she holds in the organization nor shall the provisions of this subsection prohibit any act of a public official or public employee in the performance of his or her official duties.
(e) No person shall sign or affix a firm name to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing financial information or facts respecting compliance with conditions established by law or contract, including, but not limited to, statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying or contained in the opinion or certificate which indicates that the firm is composed of or employs accountants, auditors, or other persons having expert knowledge in accounting or auditing, unless the firm holds a valid registration issued by the Board , or is a firm exempt from registration under § 47-2853.44(a)(4).
(f) No person shall assume or use the title or designation “certified public accountant” or “public accountant” in conjunction with names indicating or implying that there is a firm or in conjunction with the designation “and Company” or “and Co.” or a similar designation if there is in fact no bona fide firm registered under § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(4) provided, that a sole proprietor or partnership lawfully using such title or designation in conjunction with such names or designation under prior law may continue to do so.
(g) Notwithstanding any other provision of this section, it shall not be a violation of this section for a firm that does not hold a valid registration under § 47-2853.44 and that does not have an office in the District to provide its professional services in the District so long as it complies with the requirements of § 47-2853.44(a)(4).
§ 47–2853.44. Registration of firms of certified public accountants.
(a)(1) The Board shall register firms of certified public accountants that demonstrate their qualifications in accordance with this section.
(2) The following entities must register under this section:
(A) Any firm with an office in the District performing attest services as defined in § 47-2853.41(1) or engaging in the practice of certified public accounting as defined in § 47-2853.41(7);
(B) Any firm with an office in the District that uses the title “CPA” or “CPA firm”; and
(C) Any firm that does not have an office in the District but performs attest services defined in § 47-2853.41(1) for a client having its home office in the District.
(3) [Repealed].
(4) A firm that is not subject to the requirements of paragraph (2) of this subsection may perform other professional services in the practice of certified public accounting in the District and may use the title "CPA" or "CPA firm" without registering under this section, if the firm:
(A) Performs the services through an individual with practice privileges under § 47-2853.49; and
(B) Is lawfully able to perform the services in the state where the individual with practice privileges has his or her principal place of business.
(b) A firm registering with the Board as a firm of certified public accountants under subsection (a) of this section shall meet the following requirements:
(1) At least one member shall be a certified public accountant licensed and in good standing in the District or, in the case of a firm required to register under subsection (a)(2)(C) of this section, shall be an individual with practice privileges under § 47-2853.49;
(2) Each member, whose principal place of business is in the District and who performs professional services in the District shall be a certified public accountant licensed and in good standing in the District;
(3) Repealed;
(4) Notwithstanding any other provision of law and subject to the provisions of paragraph (5) of this subsection:
(A) At least a simple majority of the ownership interest and voting rights of all partners, officers, shareholders, members, or managers in the firm of certified public accountants shall be owned by individuals licensed as certified public accountants in the District or in any other state; and
(B) Partners, officers, shareholders, members, or managers whose principal place of business is in the District and who perform professional services in the District shall be licensed under this part.
(5) A firm of certified public accountants which includes owners who are not licensed under this part shall be subject to the following requirements:
(A) The firm shall designate an individual who is licensed in the District or, in the case of a firm required to register under subsection (a)(2)(C) of this section, an individual with practice privileges under § 47-2853.49, to be responsible for the proper registration of the firm and notify the Board.
(B) All owners who are not licensed in the District or in a state shall be active individual participants in the firm of certified public accountants or affiliated entities.
(C) The firm shall comply with all other requirements that the Board may impose by rule.
(6) A licensed individual, or individual with practice privileges, who is responsible for attestation or compilation services and signs, or authorizes another person to sign, the accountant’s report on the financial statements on behalf of the firm shall meet the competency requirements set forth in the professional standards for such services.
(7) A licensed individual, or individual with practice privileges, who signs, or authorizes another person to sign, the accountants’ report on the financial statements on behalf of the firm shall meet the competency requirements set forth in the professional standards.
(c) Subject to subsection (a)(4) of this section, a firm that is a corporation organized for the practice of certified public accounting shall also comply with Chapter 5 of Title 29, and any rules promulgated thereunder, governing the issuance, ownership, and transferability of shares and be in compliance with such regulations as may be issued for such corporations.
(d) A firm that is registered pursuant to this section or that is exempt from holding a registration under subsection (a)(4) of this section may use the words “certified public accountants” or the abbreviation “CPA” in connection with its firm name. A registered firm shall notify the Board within one month after the admission or withdrawal of a member or shareholder in practice in the District from any firm so registered. Firms shall not offer certified public accounting services unless registered pursuant to this section, except as provided in subsection (a)(2) and (3) of this section.
(e) An applicant firm for initial issuance or renewal of a registration to practice under this section shall register each office of the firm within the District with the Board and demonstrate that all attest and compilation services rendered in the District are under the charge of a person licensed under this part, or the corresponding provision of prior law or some other state.
(f)(1) An applicant firm for initial issuance or renewal of a registration under this section shall, in its application, list all states (including the District) in which the firm has applied for or has been registered as a CPA firm and list any past denial, revocation, or suspension of a license or registration by the District or any other state.
(2) Each licensee or applicant for a registration under this section shall notify the Board in writing within 30 days after its occurrence of any:
(A) Change in the identities of partners, officers, shareholders, members, or managers whose principal place of business is in the District;
(B) Change in the number or location of offices within the District;
(C) Change in the identity of the persons in charge of offices within the District; or
(D) Issuance, denial, revocation, or suspension of a license, permit, or registration by any other state.
(g) Firms that fall out of compliance with the provisions of this section due to changes in firm ownership or personnel shall take corrective action as quickly as possible. The Board may grant a reasonable period to take corrective action. Failure to bring the firm back into compliance within a reasonable period, as defined by the Board, shall result in the suspension or revocation of the firm registration.
§ 47–2853.45. Registration of firms of public accountants. [Repealed]
Repealed.
§ 47–2853.46. Offices; annual registration. [Repealed]
Repealed.
§ 47–2853.47. Permits; issuance. [Repealed]
[Repealed].
§ 47–2853.48. Actions against firms.
(a) After a notice and hearing as provided in this subchapter, the Board shall suspend or revoke the registration to practice of a firm if at any time the firm does not meet all the qualifications prescribed by the provision of this subchapter under which it qualified for registration.
(b) After a notice and hearing as provided in this subchapter, and upon a determination by the Board that an applicant or firm has committed any of the acts described in § 47-2853.17(a), or violated any rule promulgated pursuant to this subchapter, the Board may take an of the following disciplinary actions:
(1) Deny a registration or refuse to renew a registration of a firm;
(2) Revoke or suspend the registration of a firm;
(3) Censure or reprimand a firm registered or permitted to practice in the District;
(4) Impose a civil fine not to exceed $25,000 for each violation by an applicant or a firm registered or permitted to practice in the District; or
(5) Restrict a firm from offering or providing attestation services, as defined in § 47-2853.41(1), in the District.
§ 47–2853.49. Substantial equivalency; practice privilege.
(a) The Board, or its designee, shall make a determination of whether the education, examination, and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed, the education, examination, and experience requirements contained in the Uniform Accountancy Act, approved by the NASBA Board of Directors on July 7, 2007 (http://www.nasba.org/862571B900737CED/60C85E6667EE42F58 62573E6004F3E9D/$file/UAA%20Fifth%20Edition%20Final.pdf) (“UAA”) or that an individual certified public accountant’s (“CPA”) education, examination, and experience qualifications are comparable to or exceed the education, examination, and experience requirements contained in the UAA. In making its determination, the Board, or its designee, shall take into account the qualifications without regard to the sequence in which experience, education, or examination requirements were attained.
(b) An individual whose principal place of business is not in the District shall be presumed to have qualifications substantially equivalent to the District’s qualifications and shall have all the privileges of licensees of the District without the need to obtain a license under § 47-2853.42 if:
(1) The individual holds a valid, unrestricted license as a CPA from any state that the NASBA National Qualification Appraisal Service has verified to be in substantial equivalence with the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy; or
(2) The individual holds a valid license as a CPA from any state that the NASBA National Qualification Appraisal Service has not verified to be in substantial equivalence with the CPA licensure requirements of the UAA, but the individual has obtained from the NASBA National Qualification Appraisal Service verification that the individual’s CPA qualifications are substantially equivalent to the CPA licensure requirements of the UAA. Any individual who passed the Uniform CPA Examination and holds a valid license issued by any state prior to January 1, 2012, may be exempted by the Board from the education requirement in section 5(c)(2) of the UAA for purposes of this section.
(c) Except as provided in this part, an individual granted practice privileges under this section, who offers or renders professional services, whether in person or by mail, telephone, or electronic means pursuant to this part, need not provide notice or other submission to any individual.
(d) An individual licensee of another state exercising the privilege afforded under this section and the firm that employs the licensee shall simultaneously consent, as a condition of the grant of the privilege, to the following:
(1) The personal and subject matter jurisdiction and disciplinary authority of the Board;
(2) Compliance with this part, the generally applicable provisions of this subchapter, and the Board’s rules;
(3) In the event the license from the state of the individual’s principal place of business is no longer valid, the cessation of the offering or rendering of professional services in the District, individually and on behalf of a firm; and
(4) The appointment of the state board that issued the license as the licensee’s agent upon whom process may be served in any action or proceeding by the Board against the licensee.
(e) An individual who has been granted practice privileges under this section, who performs any of the services listed in § 47-2853.41(1) and who performs the services for an entity with its home office in the District may only perform the services through a firm that has obtained a registration under § 47-2853.44.
(f) An individual who has been granted practice privileges under this section and who performs services for which a firm registration is required under subsection (e) of this section shall not be required to obtain a license under § 47-2853.42.
(g) A licensee of the District offering or rendering services or using their CPA title in a state shall be subject to disciplinary action in the District for an act committed in the state for which the licensee would be subject to discipline for the act committed in the state. The Board shall investigate any complaint made by a board of accountancy of a state.
Part B. Asbestos Workers.
§ 47–2853.51. Scope of practice for asbestos workers.
For the purposes of this part, an “asbestos worker” is someone licensed under this subchapter and by the federal government to abate asbestos and asbestos materials as defined in subchapter VI of Chapter 1 of Title 8.
§ 47–2853.52. Eligibility requirements.
An applicant for a license as an asbestos worker shall establish to the satisfaction of the Board of Industrial Trades that the applicant:
(1) Has successfully completed a course of instruction on asbestos abatement that has been approved by the Board; or
(2) Currently holds a valid license in asbestos abatement from the federal government; and
(3) Has provided such additional evidence as the Board or the federal government has determined is necessary for the occupation of asbestos worker.
§ 47–2853.53. Certain representations prohibited.
Unless licensed as an asbestos worker under this subchapter, no person shall use the term “asbestos worker” or hold himself or herself out, directly or indirectly, as qualified to abate asbestos or asbestos materials.
Part C. Architects.
§ 47–2853.61. Scope of practice for architects.
(a) For the purposes of this part, the term “Practice of architecture” means rendering or offering to render services in connection with the design and construction, enlargement, or alteration of a structure or group of structures that have as their principal purpose human occupancy or habitation, as well as the space within and surrounding these structures. These services include planning and providing studies, designs, drawings, specifications, and other technical submissions, and the administration of construction contracts. The practice of architecture does not include the practice of engineering, as defined in § 47-2853.131, although an architect may perform engineering work that is incidental to the practice of architecture.
(b) Nothing contained in this chapter shall be construed to prohibit a student, draftsman, or employee from engaging in the practice of architecture; provided, that the practice is performed under the responsible charge, as defined in [§ 47-2853.64(a)(4)], of a licensed architect.
§ 47–2853.62. Eligibility requirements.
An applicant for a license as an architect shall establish to the satisfaction of the Board of Architecture, Interior Design, and Landscape Architecture that the applicant:
(1) [Repealed].
(2) Is a graduate of a degree program in architecture accredited by an accrediting institution prescribed by rule, or has completed an education program in architecture prescribed by rule as the equivalent of an accredited professional architectural degree program;
(3) Has passed an examination on the practice of architecture prescribed by rule; and
(4) Meets any other requirements established by rule to ensure that the applicant has had the proper training, experience, and qualifications to practice architecture.
§ 47–2853.63. Certain representations prohibited.
Unless licensed to practice architecture under this subchapter, no person shall engage, directly or indirectly, in the practice of architecture in the District or use the title “architect,” “registered architect,” “licensed architect,” “architectural designer,” or display or use any words, letters, figures, titles, signs, cards, advertisements, or any other symbols or devices indicating, or tending to indicate, that the person is an architect or is practicing architecture.
§ 47–2853.64. Definitions.
(a) For the purposes of §§ 47-2853.65 through 47-2853.68, the term:
(1) "Professional design document" means any drawing, specification, report, request for information, construction and administration document, or contract that in any way calls for the professional services of an architect, interior designer, or landscape architect.
(2) "Professional design firm" means any firm, franchise, partnership, association, or corporation that is licensed to solicit and provide architecture, interior design, or landscape architecture services in the District.
(3) "Professional design services" means architecture, interior design, or landscape architecture services provided in the District.
(4) "Responsible charge" means direct control and personal supervision by a licensed architect, interior designer, or landscape architect in the provision of professional design services, including that the licensee personally makes professional design decisions or reviews and approves proposed decisions before their implementation, including consideration of alternatives whenever technical decisions are to be made, and judges the qualifications of technical specialists and the validity and applicability of their recommendations before the recommendations are incorporated in the work.
§ 47–2853.65. Licensure of professional design firms.
(a) No firm, franchise, partnership, association, or corporation shall offer or perform professional design services in the District unless the entity has obtained a license from the Mayor as a professional design firm.
(b) No professional design firm license shall be issued to an applicant unless:
(1) The applicant is organized and exists pursuant to applicable District and federal laws;
(2) At least one partner, officer, shareholder, member, or manager is an architect, interior designer, or landscape architect licensed and in good standing in the District;
(3) Each member who performs professional design services in the District is licensed and in good standing in the District; and
(4) All professional design services solicited or provided by a professional design firm shall be under the responsible charge of a supervising architect, interior designer, or landscape architect who is licensed in the District; provided, that this provision shall not be construed to permit any licensed architect, interior designer, or landscape architect to practice or supervise the performance of services that are beyond the scope of those authorized by the license as established under [this subchapter].
(c) No person shall sign and stamp a professional design document on behalf of the professional design firm except an architect, interior designer, or landscape architect licensed in the District.
(d) A professional design firm licensed pursuant to this section may use the words "architect," "interior designer," or "landscape architect" or any other word, letter, figure, title, sign, card, advertisement, or symbol indicating that the professional design firm is authorized to solicit or provide professional design services in connection with its firm name.
(e) A licensed professional design firm shall notify the Board within 30 days after the admission or withdrawal of a member or shareholder from a professional design firm.
(f) The license of a professional design firm that is in noncompliance with the provisions of this section due to changes in ownership or personnel of the professional design firm shall be subject to suspension or revocation of its license.
§ 47–2853.66. Offices; rules.
(a) Each professional design firm shall be under the responsible charge of at least one member who holds a valid license as an architect, interior designer, or landscape architect issued by the Mayor and who shall serve in that capacity at one office only.
(b) The Mayor, pursuant to [[subchapter I of Chapter 5 of Title 2]], shall issue rules to prescribe the licensure application procedures.
§ 47–2853.67. License; issuance.
A license for a professional design firm shall be issued by the Mayor if the firm has furnished evidence satisfactory to the Board of compliance with the requirements for licensure or the renewal of licensure, whichever applies, as outlined in [this subchapter].
§ 47–2853.68. Actions against firms.
(a) After notice and a hearing as provided for in [this subchapter], the Board shall suspend or revoke the license of a professional design firm found in noncompliance.
(b) After notice and hearing, where the Board determines that a professional design firm license or applicant has committed any of the acts described in [§ 47-2853.17] or violated any rules issued pursuant to that section, the Board may:
(1) Deny the application for an initial license or a renewal of licensure;
(2) Revoke or suspend the licensure of the professional design firm;
(3) Censure or reprimand the professional design firm; or
(4) Impose a civil fine not to exceed $50,000 for each violation.
Part D. Barbers.
§ 47–2853.71. Scope of practice for barbers.
For the purposes of this part, the term “practice of barbering” means providing or offering to the general public for a fee any of the following services solely for cosmetic purposes: cutting, dressing, singeing, shampooing, styling, or similar work performed upon the face, hair, hairpiece, or wig of a person; shaving or trimming of facial hair of a person; or massaging or applying cosmetic preparations to the face, neck, or scalp of a person. The practice of barbering shall not include manicuring, electrolysis, or the braiding or weaving of hair.
§ 47–2853.72. Eligibility requirements.
An applicant for an occupational license as a barber shall establish to the satisfaction of the Board of Barber and Cosmetology that the applicant:
(1) Has passed the examination or examinations required by the Board; and
(2) Meets any other requirements established by rule to ensure that the applicant has had the proper training and is otherwise qualified to practice the occupation, manage a facility where such occupation is performed, own such a facility or teach the occupation.
§ 47–2853.73. Certain representations prohibited.
Unless licensed under this subchapter, no person may use the term “barber” or imply that he or she is licensed to engage in the practice of barbering in the District.
Part D-i. Body Artists.
§ 47–2853.76. Definitions. [Not Funded]
Not Funded.
§ 47–2853.76a. Scope of practice for body artists.
For the purposes of this part, the practice of body art does not include:
(1) A licensed physician or surgeon performing body art services for medical reasons;
(2) A licensed funeral director performing body-piercing or tattooing services as required by that profession;
(3) Laser tattoo removal procedures; or
(4) Skin treatment procedures such as chemical peels or microdermabrasion.
§ 47–2853.76b. Regulation of body artists.
(a) The Department of Licensing and Consumer Protection, through the Board of Barber and Cosmetology, shall regulate body artists to protect public health, safety, and welfare, and to ensure that persons engaged in the occupation have the specialized skills, education, and training required to perform the services offered by:
(1) Establishing and imposing occupational licensing, registration requirements, and associated fee schedules; and
(2) Establishing rules within 180 days of [October 23, 2012].
§ 47–2853.76c. Eligibility requirements.
(a) An applicant for licensure as a body artist shall establish to the satisfaction of the Board that he or she:
(1) Has received a certificate of completion of a course in blood borne pathogens, cardiopulmonary resuscitation, and first aid, conferred by an institution or organization that is recognized by the Board or that the Board determines to be substantially equivalent thereof;
(2) Has worked as an apprentice body artist, under the training of a body artist who has been licensed in the District of Columbia, for at least 500 hours;
(3) Has passed the examinations required by the Board;
(4) Has not had his or her license to practice body art procedures suspended or revoked in any other jurisdiction; and
(5) Meets any other requirements established by rule to ensure that the applicant has had the proper training and experience to perform body art procedures.
(b) Any person who can demonstrate to the satisfaction of the Board that he or she has worked as a body artist in the District or elsewhere for at least 4,000 hours over a period of 2 years immediately preceding the date of application, or has equivalent experience that is acceptable to the Board, is exempt from the requirement in subsection (a)(2) of this section.
§ 47–2853.76d. Duties and responsibilities of body artists.
(a) Body art technicians shall perform body art procedures in a licensed body art establishment.
(b) Body art technicians shall use single-use disposable sharps, pigments, gloves, and cleansing products while performing body art procedures on each client.
(c) Verbal and written instructions for the care of the tattooed, pierced, or other modified sites on the body shall be provided by the body artist to each customer upon the completion of the procedure. The written instructions shall advise the customer to consult a physician at the first sign of infection or other adverse reaction and shall contain the name of the body artist and the name, address, and telephone number of the establishment.
(d) Any person who violates this section shall be subject to disciplinary action including license suspension or revocation and a maximum fine of $2,500.
§ 47–2853.76e. Prohibitions and penalties.
(a) No person shall perform or offer to perform body art procedures, hold him or herself out as a practitioner of or entitled or authorized to practice body art procedures, assume any title of “body artist” “tattooist,” “tattoo artist,” “body-piercer,” “body-piercing artist,” or “body modification artist,” and the like, use any words or letters, figures, titles, signs, cards, advertisement, or any other symbols or devices indicating or tending to indicate that the person is authorized to perform such services, or use other letters or titles in connection with that person’s name which in any way represents himself or herself as being engaged in the practice of body art, or authorized to do so, unless the person is licensed by and registered with the Mayor to perform body art procedures in the District of Columbia.
(b) No body artist shall perform body art procedures on a person under 18 years of age, except ear piercing using a mechanized, pre-sterilized single-use stud and clasp ear piercing gun. Such ear piercing shall not occur unless a parent or legal guardian has provided his or her written consent.
(c) No person shall perform body art procedures if the person is unable to exercise reasonable care and safety or is otherwise impaired by reason of illness, while under the influence of alcohol, or while using any controlled substance or narcotic drug as defined in 21 U.S.C.§ 802(6) or (17), respectively, or other drug in excess of therapeutic amounts or without valid medical indication, or any combination thereof.
(d) No body artist shall administer anesthetic injections or other medications and prescription drugs to customers receiving body art procedures.
(e) Any person who violates this section shall, upon conviction, be deemed guilty of a misdemeanor and may be punished by a fine not exceeding $2,500, imprisonment for not more than 3 months, or both.
Part E. Cosmetologists.
§ 47–2853.81. Scope of practice for cosmetologists.
For the purposes of this part, the term “practice of cosmetology” means providing or offering to the general public for a fee any of the following services solely for cosmetic purposes: bleaching, braiding, coloring, curling, cutting, dressing, eyebrow arching, the use of devices or chemicals to straighten, curl, or wave hair, shampooing, singeing, styling, weaving, or similar work performed upon the face, hair, hairpiece, or wig of a person; electrolysis; esthetics; and manicuring. The practice of cosmetology shall not include shaving or trimming the beard or moustache of a person.
§ 47–2853.82. Eligibility requirements.
An applicant for an occupational license as a cosmetologist, cosmetologist-manager, or cosmetologist-owner or any subcategory of specialty cosmetologist, shall establish to the satisfaction of the Board of Barber and Cosmetology that the applicant:
(1) Has passed the examination or examinations required by the Board; and
(2) Meets any other requirements established by rule to ensure that the applicant has had the proper training and is otherwise qualified to practice the occupation, manage a facility where such occupation is performed, own such a facility or teach the occupation.
§ 47–2853.83. Certain representations prohibited.
Unless licensed under this subchapter, no person shall use the terms “cosmetologist,” “licensed cosmetologist,” “cosmetologist-manager,” “cosmetologist-owner,” or words describing any cosmetology specialty (“manicurist,” “braider,” etc.) that may be defined by the Board with the intent to imply that the person is authorized to perform such services in the District.
Part F. Electricians.
§ 47–2853.91. Scope of practice for electricians.
(a) For the purposes of this part, the term “electrician” means any person who designs, installs, maintains, alters, converts, changes, repairs, removes, or inspects electrical wiring, equipment, conductors, or systems in buildings or structures or on public and private space for the transmission, distribution, or use of electrical energy for power, heat, light, radio, television, signaling, communications, or any other purpose, except elevators, platform lifts, stairway chair lifts, manlifts, conveyors, escalators, dumbwaiters, material lifts, automated people movers, and other related conveyances.
(b) This part shall not apply to an elevator contractor or mechanic licensed under part F-i of this subchapter if the elevator contractor or mechanic is performing work incidental to work licensed under part F-i of this subchapter.
§ 47–2853.92. Eligibility requirements.
(a) An applicant to be an apprentice electrician shall be registered by the Mayor, without examination, upon providing such information as may be required by the Board of Industrial Trades and payment of appropriate fees. An apprentice electrician shall work only under the direct personal supervision and control of a licensed master electrician or licensed master electrician specialist.
(b) Except as provided in subsection (b-1) of this subsection, an applicant for licensure as a journeyman electrician or a master electrician limited (low voltage) shall establish to the satisfaction of the Board of Industrial Trades that he or she has satisfactorily completed a class on Title 12C of the District of Columbia Municipal Regulations or equivalent code within 2 years prior to submittal of the application and has:
(1) Worked as an apprentice electrician for at least 8,000 hours over at least 4 years;
(2) Graduated from an accredited college or university with a degree in electrical engineering, and has at least 2 years of practical experience in electrical work, which has been certified by a licensed master electrician; or
(3) Has comparable experience or a combination of education and experience that the Board deems equivalent to the above; and
(4) Has supplied any additional evidence as the Board determines is necessary for the particular specialty license sought by the applicant.
(b-1)(1) The Board shall accept, in lieu of examination and the requirements set forth in subsection (b) of this section, a certificate from a national certifying organization certifying that the applicant for licensure as a journeyman electrician:
(A) Has passed the organization’s required examination;
(B) Is designated by the organization as a journeyman electrician; and
(C) Has not been disciplined or otherwise disqualified by the organization.
(2) For the purposes of this subsection, the term “national certifying organization” shall include a nationally recognized trade organization or labor union.
(c) An applicant for licensure as a master electrician shall establish to the satisfaction of the Board that the applicant has met the requirements of subsection (b) of this section and in addition has worked as a journeyman electrician for at least 4 years.
§ 47–2853.93. Certain representations prohibited.
Unless licensed in accordance with this subchapter, no person shall use the words or terms “electrician,” “licensed electrician,” “master electrician,” or any words describing an electrician specialty authorized by the Board that imply that the person is authorized to perform the services of an electrician in the District.
Part F-i. Elevator Maintenance.
§ 47–2853.95. Scope of practice for elevator contractors, elevator mechanics, and elevator inspectors.
(a) For the purposes of this part, the term:
(1) “Elevator contractor” means any sole proprietor, firm, or corporation who, for compensation, engages in erecting, constructing, installing, altering, servicing, repairing, or performing tests of elevators, platform lifts, stairway chair lifts, manlifts, conveyors, escalators, dumbwaiters, material lifts, automated people movers, and other related conveyances.
(2) “Elevator mechanic” means any individual who engages in erecting, constructing, installing, altering, servicing, repairing, or testing elevators, platform lifts, stairway chair lifts, manlifts, conveyors, escalators, dumbwaiters, material lifts, automated people movers, and other related conveyances.
(3) “Elevator inspector” means any individual who engages in performing inspections of elevators, platform lifts, stairway chair lifts, manlifts, conveyors, escalators, dumbwaiters, material lifts, automated people movers, and other related conveyances.
(b) This part shall not apply to an electrician licensed under part F of this subchapter if the work performed by the electrician is work for which he or she is licensed to perform under part F of this subchapter.
§ 47–2853.96. Eligibility requirements.
(a) An applicant for licensure as an elevator contractor shall establish to the satisfaction of the Board that the applicant:
(1) Has in his or her employ individuals licensed under this part who perform the work described by the applicant in the application;
(2) Has complied with the bonding and insurance requirements established by rule; and
(3) Meets any other requirements established by rule.
(b)(1) An applicant for licensure as an elevator mechanic shall establish to the satisfaction of the Board that the applicant:
(A) Has passed the examination required by the Board; and
(B) Meets any other requirements established by rule.
(2) Until rules are promulgated pursuant to paragraph (1) of this subsection, the Board may issue a 2-year license to an applicant who has:
(A) A certificate of completion of an apprenticeship program for elevator mechanic registered with the Bureau of Apprenticeship Training, U.S. Department of Labor, the District of Columbia Apprenticeship Council, or an equivalent state’s apprenticeship council;
(B) Worked as an elevator mechanic for 2 years in any combination of construction, maintenance, or repair without direct supervision and for an employer licensed to do business in the District, within the previous 3 years;
(C) A valid license from a state having standards substantially equal to those of the District; or
(D) Has passed the examination required by the Department of Licensing and Consumer Protection.
(c) An applicant for licensure as an elevator inspector shall establish to the satisfaction of the Board that the applicant:
(1) Meets the requirements of this subchapter;
(2) Meets the current ASME QEI-1, Standards for the Qualifications of Elevator Inspectors, or equivalent; and
(3) Meets any other requirement established by rule.
§ 47–2853.97. Certain representations prohibited.
Unless licensed in accordance with this part, no person shall use the words or terms “elevator contractor,” “elevator mechanic,” “licensed elevator contractor,” “licensed elevator mechanic,” “elevator inspector,” “licensed elevator inspector,” or any words describing an elevator specialty licensed by the Board to imply that the person is authorized to perform the services of an elevator contractor, elevator mechanic, or elevator inspector in the District.
§ 47–2853.98. Temporary license.
In the event of emergency circumstances, the Board may, pursuant to rule, issue a temporary license for a period not to exceed 30 days.
§ 47–2853.99. Fees; rules.
(a) Notwithstanding any other provisions of this subchapter, including sections 47-2853.10 and 47-2853.11:
(1)(A) The fee for the issuance, renewal, or reinstatement of a license under this part shall be $260; provided, that this fee shall not apply to elevator mechanics employed by the Washington Metropolitan Area Transit Authority.
(B) Application fees paid under this section shall not be refundable, even if the applicant withdraws his or her application for licensure, certification, or registration, or is found to be not qualified.
(2)(A) All fees collected under this part shall be deposited in the General Fund of the District of Columbia.
(b) On or before December 31, 2009, the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of this part.
Part G. Interior Designers.
§ 47–2853.101. Scope of practice for interior designers.
For the purposes of this part, the term “practice of interior design” means providing or offering to provide consultations, preliminary studies, drawings, specifications, or any related service for the design analysis, programming, space planning, or aesthetic planning of the interior of buildings, using specialized knowledge of interior construction, building systems and components, building codes, fire and safety codes, equipment, materials, and furnishings, in a manner that will protect and enhance the health, safety, and welfare of the public whether one or all of these services are performed either in person or as the directing head of an organization.
§ 47–2853.102. Eligibility requirements.
An applicant for licensure as an interior designer shall establish to the satisfaction of the Board of Architecture, Interior Design, and Landscape Architecture that he or she:
(1) Has passed the examination required by this subchapter; and
(2) Meets any other requirements established by the Mayor by rule.
§ 47–2853.103. Certain representations prohibited.
(a) It shall be unlawful for any person who is not licensed as an interior designer to engage in the practice of interior design, to advertise as an interior designer, to use the title of “interior designer” or any other words, letters, figures, or other device for the purpose of implying, directly or indirectly, that the person is an interior designer.
(b) No company, partnership, association, corporation, or other similar organization shall use the title of “interior designer” unless interior design services rendered by or on behalf of the organization are in the responsible charge of a licensed interior designer.
Part H. Land Surveyors.
§ 47–2853.111. Scope of practice for land surveyors.
For the purposes of this part, the term “practice of land surveying” means providing professional services including consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling and interpreting reliable scientific measurements and information relative to the location, size, shape or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project.
§ 47–2853.112. Eligibility requirements.
An applicant for licensure as a land surveyor shall establish to the satisfaction of the Board of Professional Engineers that the applicant:
(1) [Repealed].
(2) Is a graduate of an accredited college or university with a degree in land surveying or other relevant curriculum, or has a combination of formal education and experience, that is acceptable to the Board;
(3) Has passed an examination on the principles and practice of land surveying prescribed by rule or has passed any other examination issued by a national certifying organization or state that is acceptable to the Board; and
(4) Meets any other requirements established by rule to ensure that the applicant has had the proper training, experience, and qualifications to practice as a professional land surveyor.
§ 47–2853.113. Interns.
The Board of Professional Engineering may also provide, by regulation, for the registration or licensure of an applicant as a land surveyor in training who meets such standards as the Board shall establish.
§ 47–2853.114. Certain representations prohibited.
Unless licensed in accordance with this subchapter, no person shall use the words or terms “land surveyor”, or “licensed land surveyor,” or any words for the purpose of implying that the person is authorized to perform the services of a land surveyor in the District.
PART H-i. Landscape Architects.
§ 47–2853.116. Scope of practice for landscape architects.
(a) For the purpose of [this part], the term "practice of landscape architecture" means rendering or offering to render services, including consultation, evaluation, planning, and preparation of studies, designs, specifications, and other technical submissions, in connection with the development of land areas where, and to the extent that the dominant purpose of such services is preservation, enhancement, or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings, approaches or environment for structures or other improvements, grading and drainage and the consideration and determination of inherent problems of the land relating to the erosion, wear and tear, blight or other hazards, and the administration of contracts relative to projects principally directed at the functional and aesthetic use of land, and the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this section. The term "practice of landscape architecture" does not include the design of structures or facilities with separate and self-contained purposes such as are ordinarily included in the practice of engineering or architecture or the making of land surveys or final land plats for official approval or recording.
(b) This section shall not be construed to restrict or otherwise affect the right of any architect, professional engineer, land surveyor, nurseryman, landscape designer, landscape contractor, land planner, community planner, landscape gardener, golf course designer, turf maintenance specialist, irrigation designer, horticulturist, arborist, or any other similar person from engaging in their occupation or the practice of their profession or from rendering any service in connection their occupation or profession.
§ 47–2853.117. Eligibility requirements.
An applicant for a license as a landscape architect shall establish to the satisfaction of the Board of Architecture, Interior Design, and Landscape Architecture that the applicant:
(1) [Repealed].
(2) Is a graduate of a degree program in landscape architecture accredited by an accrediting institution, as prescribed by rule, or has completed an education program in landscape architecture, as prescribed by rule, that is the equivalent of an accredited landscape architectural degree program; and
(3)(A) Has passed examination on the practice of landscape architecture, as prescribed by rule;
(B) Meets any other requirements prescribed by rule that demonstrate to the Board that the applicant has the proper training, experience, knowledge, and qualification to practice landscape architecture; or
(C) Meets the requirement of subsection (1) of this section and holds a valid license to practice landscape architecture issued by another state or territory of the United States if the Board determines the criteria for issuance of such license are substantially identical to the licensure criteria prescribed by the District of Columbia in this act [this part] or rules pursuant to this act [this part] at time of application.
§ 47–2853.118. Prohibited conduct and representations.
Unless licensed to practice landscape architecture under [this subchapter], no person shall engage, directly or indirectly, in the practice of landscape architecture in the District or use the title "professional landscape architect," "landscape architect," or "registered landscape architect" or display or use any words, letters, figures, titles, signs, cards, advertisements, or any other symbols or devices indicating, or tending to indicate, that the person is a landscape architect or is practicing landscape architecture.
Part I. Plumbers or Gasfitters.
§ 47–2853.121. Scope of practice for plumbers or gasfitters.
(a) For the purposes of this part, the term “plumber” means any person who designs, installs, repairs or removes plumbing fixtures intended to receive and discharge water, liquid, or water-carried wastes into the drainage system with which they are connected; or who introduces, maintains or extends a supply of water through a pipe or pipes, or any appurtenance thereof, in any building, lot premises, or establishment; or who connects or repairs any system of drainage whereby foul, waste, or surplus water, sewer gases, vapor or other fluid is discharged or proposed to be discharged through a pipe or pipes from any building, lot, premises or establishment into any public or house sewer, drain, pit, box filter bed or other receptacle or into any natural or artificial watercourse flowing through public or private property; or who ventilates any building, sewer or fixture or appurtenance connected therewith; or who excavates any public or private street, highway, road, court, alley or space for the purpose of connecting any building, lot, premises, or establishment with any service pipe, house sewer, public water main, private water main, public sewer, private sewer, subway, conduit, or other underground structure.
(b) For the purposes of this part, the term “gasfitter” means any person who designs, fabricates, installs, tests or operates any nonindustrial type of gas appliance and piping system from the outlet of the meter set assembly, or from the outlet of the service regulator when a meter is not provided, to the inlet connections of appliances, for fuel gases such as natural gas, manufactured gas, undiluted liquefied petroleum gas, liquefied petroleum gas-air mixtures or mixtures of any of these gases; or who introduces, maintains or extends a supply of a gas through a pipe or pipes, or any appurtenance thereof, in any building, lot premises, or establishment; or who ventilates any fixture or appurtenance connected therewith; or who excavates any public or private street, highway, road, court, alley or space for the purpose of connecting any building, lot, premises, or establishment with any service pipe.
§ 47–2853.122. Eligibility requirements.
(a) An applicant to be an apprentice plumber shall be registered by the Mayor, without examination, upon providing such information as may be required by the Board of Industrial Trades and payment of appropriate fees. An apprentice plumber shall work only under the direct personal supervision and control of a licensed master plumber/gasfitter or master gasfitter.
(b) An applicant for licensure as a journeyman plumber or journeyman gasfitter shall establish to the satisfaction of the Board of Industrial Trades that the applicant has:
(1) Worked as an apprentice plumber or gasfitter for at least 8,000 hours over at least 4 years;
(2) Graduated from an accredited college or university with a degree in mechanical engineering, and has at least 2 years of practical experience as a plumber or gasfitter as verified by a licensed master plumber or licensed master gasfitter; or
(3) Has comparable experience or a combination of education and experience that the Board deems equivalent to the above; and
(4) Such additional evidence as the Board determines is necessary for the particular specialty license sought by the applicant.
(b-1)(1) The Board shall accept, in lieu of examination and the requirements set forth in subsection (b) of this section, a certificate from a national certifying organization certifying that the applicant:
(A) Has completed the organization’s apprenticeship program;
(B) Has passed the organization’s required examination;
(C) Is designated by that organization as a journeyman plumber or journeyman gasfitter; and
(D) Has not been disciplined or otherwise disqualified by the organization.
(2) For the purposes of this subsection, the term “national certifying organization” shall include a nationally recognized trade organization, non-union sponsor, or labor union that is registered with the Bureau of Apprenticeship Training, the United States Department of Labor, or the District of Columbia Apprenticeship Council.
(c) An applicant for licensure as a master plumber/gasfitter or master gasfitter shall establish to the satisfaction of the Board that the applicant has a valid license as a journeyman plumber or gasfitter, or has met the requirements of subsection (b) of this section, and has worked as a journeyman plumber or journeyman gasfitter for at least 4 years.
§ 47–2853.123. Certain representations prohibited.
Unless licensed in accordance with this subchapter, no person may use the words or terms “plumber,” “licensed plumber,” “journeyman plumber,” “journeyman gasfitter,” “master plumber,” or “master gasfitter,” or any combination of such words to imply that the person is authorized to perform the services of plumber or gasfitter in the District.
Part J. Professional Engineers.
§ 47–2853.131. Scope of practice for engineers.
For the purposes of this part, the term “practice of engineering” means the application of special knowledge of the mathematical, physical and engineering sciences and the methods of engineering analysis and design in the performance of services and creative work including consultation, investigation, expert technical testimony, evaluation, planning, design and design coordination of engineering works and systems, planning the use of land and water, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products, or equipment of a control systems, communications, mechanical, electrical, hydraulic, pneumatic, or thermal nature, that may involve safeguarding life, health, or property, and including such other professional services as may be necessary to the planning, progress, and completion of any engineering services.
§ 47–2853.132. Eligibility requirements.
(a) An applicant for licensure as a professional engineer shall establish to the satisfaction of the Board of Professional Engineers that the applicant:
(1) [Repealed].
(2) Is a graduate of an accredited college or university with a degree in engineering based on a four year curriculum in engineering that is acceptable to the Board;
(3) Has passed an examination on the principles and practice of engineering prescribed by rule or has passed any other examination issued by a national certifying organization or state that is acceptable to the Board; and
(4) Meets any other requirements established by rule to ensure that the applicant has had the proper training, experience, and qualifications to practice as a professional engineer.
(a-1) Notwithstanding subsection (a) of this section, an applicant for licensure as a professional engineer may establish to the satisfaction of the Board of Professional Engineers that the applicant is licensed or certified as a professional engineer and in good standing in another state or is endorsed or certified by a national certifying organization and presents proof thereof to the Board. An applicant licensed and in good standing in another state must demonstrate to the satisfaction of the Board that, at the time the applicant was issued a license by the other state licensing entity, the licensure standards in that state were at least as high as those required by the laws of the District.
(b) The Board of Professional Engineering may also provide, by regulation, for the registration or licensure of an applicant as an engineer-in-training who meets such standards as the Board shall establish.
§ 47–2853.133. Certain representations prohibited.
(a) Unless licensed pursuant to § 47-2853.132, no person shall:
(1) Undertake responsible charge for the practice of engineering;
(2) Use the title "professional engineer," "registered engineer," "engineer," or "engineering design" or display or use any words, letters, figures, titles, signs, cards, advertisements, or any other symbols or devices indicating or tending to indicate that the person is a licensed engineer or professional engineer; except, that this subparagraph shall not apply to a person who uses the title "professional engineer" or "registered engineer" or otherwise indicates the person is a licensed engineer or professional engineer in accordance with the laws of another jurisdiction in which the person is licensed as a professional engineer and in good standing, so long as the use or indication also indicates the jurisdiction in which the person is licensed; except also, that any person any person may use the title "engineering aide," "engineering assistant," "engineering technician," or "engineering technologist"; or
(3) Engage directly in the practice of engineering in the District; except, that this paragraph shall not apply to a person acting as a consultant, officer, or employee of the District government or an independent agency of the District of Columbia, or to a graduate of a program accredited by the Accreditation Board for Engineering and Technology or another accreditation entity that is acceptable to the Board of Professional Engineers while under the responsible charge of a professional engineer licensed pursuant to § 47-2853.132.
(b) A professional engineer under whose charge an individual is acting pursuant to subsection (a)(3) of this section shall refrain from affixing the professional engineer's signature to any plans or documents not prepared under the professional engineer's direction or control.
Part K. Property Managers.
§ 47–2853.141. Scope of practice for property managers.
For the purposes of this part, the term “property manager” means an agent for the owner of real estate in all matters pertaining to property management as defined in this subchapter, which are under his or her direction, and who is paid a commission, fee, or other valuable consideration for his or her services. A property manager may employ resident managers. The property manager shall be held accountable for the day-to-day job-related activities of the property manager’s employees. The property manager shall not perform any activities that relate to listing for sale, offering for sale, buying or offering to buy, negotiating the purchase, sale, or exchange of real estate, or negotiating a loan on real estate for a fee, commission, or other valuable consideration.
§ 47–2853.142. Eligibility requirements.
(a) An applicant for licensure as a property manager shall establish to the satisfaction of the Board of Real Estate that the applicant:
(1) Is able to read, write, and understand the English language;
(2) Has passed an examination or examinations given by or under the direction of the Board, or any other examination acceptable to the Board;
(3) Is a high school graduate or the holder of a high school equivalency certificate;
(4) Has not had an application for a property manager’s license denied, for reasons other than failure to pass the required examination or examinations, in the District or elsewhere within one year prior to the date on which the application is filed;
(5) Has not had a property manager’s license suspended in the District or elsewhere which suspension is still in effect on the date on which the application is filed; and
(6) Has not had a property manager’s license revoked in the District or elsewhere within 3 years prior to the date on which his or her application is filed.
(b) Persons licensed as real estate brokers in the District are deemed to have satisfied the educational and examination requirements for licensure as property managers, but shall be required to satisfy all other requirements as set forth in this subchapter.
§ 47–2853.143. Certain representations prohibited.
Unless licensed under this subchapter, no person shall use the term or words “property manager” to imply that he or she is licensed as a property manager in the District.
Part L. Real Estate Appraisers.
§ 47–2853.151. Scope of practice for real estate appraisers.
For the purposes of this part, the term “real estate appraiser” means any person who renders or offers to render professional services to persons, groups, or organizations in the act or process of estimating the value of real property and real estate.
§ 47–2853.152. Eligibility requirements.
(a) The Board shall establish, by rule, the education, experience, and examination requirements that individuals must meet or exceed to obtain licensure, certification, or registration as an appraiser trainee, a licensed residential real property appraiser, a certified residential real property appraiser, or a certified general real property appraiser.
(b) The licensure requirements established by the Board shall meet or exceed any applicable federal requirements that are necessary for the federal financial institution’s regulatory agencies to recognize and accept licenses for licensed residential real estate appraisers, certified residential real estate appraisers, and certified general real estate appraisers licensed by the Board. If the federal requirements change and the rules of the Board do not satisfy the minimum federal standards, the federal standards established by the Appraisal Qualifications Board and the Appraisal Standards Board of the Appraisal Foundation when reviewing an application for licensure, certification, or registration shall apply until the Board’s rules satisfy minimum federal standards.
(c) The Board shall establish, by rule, the requirements that individuals licensed in jurisdictions other than the District of Columbia as a certified residential real property appraiser or a certified general real property appraiser must satisfy to obtain a temporary license from the Board. The Board’s requirements shall comply with applicable federal law, but the Mayor may require the applicant to pay a license fee to the Department and may place restrictions on the temporary license.
(d) The Board shall establish rules governing the supervision of appraiser trainees, the definition and enforcement of standards of professional appraiser practice, and the disposition of complaints from any person or from any federal agency or instrumentality regarding improper appraiser conduct.
(e) The Board shall establish, by rule, continuing education requirements necessary for renewal or reinstatement of any license, certification, or registration that meet or exceed the continuing education requirements established under the authority of federal law.
(f) The Board may establish, by rule, practice requirements or standards. The Board may enforce requirements or standards established under federal law.
§ 47–2853.153. Certain representations prohibited.
(a) It shall be unlawful for any person in the District to directly or indirectly engage in, advertise, conduct the business of, or act in any capacity as a licensed or certified real estate appraiser or use any title, designation, or abbreviation likely to create the impression of licensure by the District as a real property appraiser for compensation within the District without first obtaining a license as provided in this subchapter.
(b) Any person certified as a real property or real estate appraiser by an appraisal trade organization shall retain the right to use the term “certified” or any similar term in identifying himself or herself to the public, provided that in each instance that the term is used, the name of the certifying organization or body is prominently and conspicuously displayed immediately adjacent to the term and that the use of the term “certified” does not create the impression of licensure by the District.
(c) Nothing in this subchapter shall abridge, infringe upon, or otherwise restrict the right to use the term “certified assessor” or any similar term by any person certified by the Office of Tax and Revenue to perform ad valorem tax appraisal, provided that the term is not used in a manner that creates the impression of licensure or certification by the District to perform real estate or real property appraisals other than for ad valorem tax purposes.
(d) No license shall be issued under the provisions of this subchapter to a partnership, association, corporation, firm, or group, nor shall the term “certified real estate appraiser” or any similar term be used following or immediately in connection with the name of a partnership, association, corporation, or other firm or group or in a manner that might create the impression of licensure or certification by the District as a real estate appraiser. Nothing in this subsection shall be construed to preclude a licensed real estate appraiser from rendering an appraisal for or on behalf of a partnership, association, corporation, firm, or group, provided that the appraisal report is prepared by, or under the immediate personal direction of the licensed real estate appraiser.
(e) Any person who is not licensed or certified under this part may assist a licensed or certified real estate appraiser in the performance of an appraisal if he or she registers with the Board as an appraiser trainee, complies with the registration and practice requirements established by the Board, by rule, and is actively and personally supervised by the licensed or certified real estate appraiser. An appraisal report rendered in connection with the appraisal and drafted by the appraisal trainee shall be reviewed and signed by the licensed or certified real estate appraiser.
(f) It shall be unlawful for any person who performs an appraisal of real estate located in the District to describe or refer to the appraisal by the term “certified” or any similar term unless the person has first been licensed by the Board under the provisions of this subchapter. Nothing in this subchapter shall require a licensed real estate appraiser to render a “certified” real estate appraisal when performing an appraisal assignment. If a licensee or appraiser trainee performs a real estate appraisal that is not represented as being “certified”, the appraiser shall clearly inform the person to whom the appraisal report is given and prominently disclose on the appraisal report that the appraisal is not a “certified” real estate appraisal.
(g) Nothing herein shall be construed to prohibit a real estate broker or salesperson, in the ordinary course of business, from giving an opinion of the price of real estate for the purpose of a prospective listing or sale, if the opinion of the price does not refer to or cannot be construed as an appraisal.
(h) Nothing herein shall be construed to prohibit persons who determine the value of items other than real estate from using the term “appraiser” if they do not hold themselves out or imply that they are authorized to appraise real estate or real property.
§ 47–2853.154. Appraisal Education Fund.
(a) There is established a fund designated as the Appraisal Education Fund (“Fund”), which shall be separate from the General Fund of the District of Columbia. All funds obtained from an appraisal education fund fee to be established by the Mayor (which shall be in addition to licensing and renewal fees established by the Mayor) and civil penalties imposed by the Board or the Office of Administrative Hearings pursuant to this part, and all interest earned on those funds, shall be deposited into the Fund without regard to fiscal year limitation pursuant to an act of Congress and used solely to pay the costs of operating and maintaining the Fund. All funds, interest, and other amounts deposited into the Fund shall not be transferred or revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall continually be available for the uses and purposes set forth in this section, subject to authorization by Congress in an appropriations act.
(b)(1) The funds deposited in the Fund shall be used by the Board for the purpose of raising the standards of practice and the competency of licensees by:
(A) Promoting the advancement of education and research for the benefit of any licensee under this part;
(B) Underwriting educational seminars, workshops, and any other similar form of educational project for the benefit of any licensee under this part; and
(C) Contracting for particular education or other projects intended to further the purposes of this part.
(2) The funds deposited in the Fund shall also be used by the Board to defray the expenses to discharge the administrative and regulatory duties as prescribed by this part.
(c) The Board may establish minimum and maximum balances for the Fund, procedures for continuing and discontinuing assessing licensees, and rules for the implementation and operation of the Fund.
(d) If a licensee fails to pay the appraisal education fee within the time prescribed by rule, his or her license shall be automatically suspended. The Board shall send a notice of the suspension, by certified mail, to the address of record within 5 days after the suspension. The license shall be restored only upon the actual receipt by the Mayor of the delinquent fee.
Part M. Real Estate Brokers.
§ 47–2853.161. Scope of practice for real estate brokers.
For the purposes of this part, the term “real estate broker” means any person, firm, association, partnership, or corporation (domestic or foreign) which:
(1) For a fee, commission, or other valuable consideration, lists for sale, or sells, exchanges, purchases, rents, or leases real property. A real estate broker may collect or offer to collect rent or income for the use of real estate, or negotiate a loan secured by a mortgage, deed of trust, or other encumbrance upon the transfer of real estate. A real estate broker may also engage in the business of erecting housing for sale and may sell or offer to sell that housing, or who as owner may sell or, through solicitation or advertising, offer to sell or negotiate the sale of any lot in any subdivision of land comprising 5 lots or more. This definition shall not apply to the sale of space for the advertising of real estate in any newspaper, magazine, or other publication; and
(2) May employ real estate brokers, associate real estate brokers, real estate salespersons, property managers and resident managers. The real estate broker shall be held accountable for the day-to-day job-related activities of his or her employees. These activities include, but are not limited to, property management, leasing or renting of property, listing for sale, buying or negotiating the purchase or sale, or exchanging real estate or negotiating a loan on real property.
§ 47–2853.162. Eligibility requirements.
An applicant for licensure as a real estate broker shall establish to the satisfaction of the Board of Real Estate that the applicant:
(1) Meets all of the requirements for real estate salesperson under part N of this subchapter; and
(2) Has been licensed and actively engaged in business as a real estate broker or salesperson in the District or elsewhere the 2 years immediately preceding the date on which the application for a real estate broker license is filed, or equivalent experience acceptable to the Board.
§ 47–2853.163. Certain representations prohibited.
Unless licensed under this subchapter, no person shall assume or use the title or designation “real estate broker”, the abbreviation “R.E.B.”, or any other title designation, words, letters, abbreviations, sign, card, or device tending to indicate that the person is licensed as a real estate broker in the District.
Part N. Real Estate Salespersons.
§ 47–2853.171. Scope of practice for real estate salespersons.
For the purposes of this part, the term “real estate salesperson” means any person employed by a licensed real estate broker to manage or lease; rent or offer to lease or rent; list for sale, sell, or offer for sale; buy or offer to buy; negotiate the purchase or sale, or exchange of real estate; or to negotiate a loan on real estate.
§ 47–2853.172. Eligibility requirements.
An applicant for licensure as a real estate broker shall establish to the satisfaction of the Board of Real Estate that the applicant:
(1) Is able to read, write, and understand the English language;
(2) Is a high school graduate or the holder of a high school equivalency certificate;
(3) Has successfully completed a course of study prescribed by the Board at a school approved by the Board;
(4) Has passed an examination or examinations given by or under direction of the Board or has passed any other examination acceptable to the Board;
(5) Has not had an application for a real estate license denied, for reasons other than failure to pass the required examination or examinations, in the District or elsewhere within one year prior to the date on which the application is filed;
(6) Has not had a real estate license suspended in the District or elsewhere, which suspension is still in effect on the date on which the application is filed; and
(7) Has not had a real estate license revoked in the District or elsewhere within 3 years prior to the date on which his or her application is filed.
§ 47–2853.173. Certain representations prohibited.
Unless licensed under this subchapter, no person shall assume or use the title or designation “real estate salesperson”, the abbreviation “R.E.S.”, or any other title designation, words, letters, abbreviations, sign, card, or device tending to indicate that the person is licensed as a real estate salesperson unless the person is licensed as a real estate salesperson in the District.
Part O. Special Rules for Real Estate Brokers, Real Estate Salespersons, and Property Managers.
§ 47–2853.181. Exemptions from licensure requirement.
Except as otherwise provided in this subchapter, nothing contained in this part shall be construed to apply to:
(1) Receivers, referees, administrators, executors, guardians, conservators, trustees, or other persons appointed or acting under the judgment or order of any court while acting in that capacity, or attorneys-at-law in the ordinary practice of their profession, but these persons shall not be regularly engaged in the real estate business and shall not hold themselves out as real estate brokers, salespersons or property managers;
(2) Any individual who, as an owner or lessor of real estate, shall perform any of the acts specified in this subsection, where the acts are performed in the regular course of, or incident to, the management of real estate, business and the investments therein owned by that individual;
(3) Any trustee or auctioneer acting under authority of a power of sale in a mortgage, deed of trust, or similar instrument securing the payment of a bona fide debt;
(4) Except for title companies, any bank, trust company, building and loan or savings and loan association, or insurance company, having a fiduciary interest such as a receiver, referee, administrator, executor, guardian, conservator or trustee, when the bank, trust company, building and loan or savings and loan association, or insurance company is so engaged;
(5) Any person who is employed by a licensed real estate broker or property manager in a solely stenographic or clerical capacity and who does not perform, offer, agree, or attempt to perform, any of the activities specified in this subsection;
(6) Any officer or employee of the United States or District government while performing his or her official duties, or any person, or employee thereof, who is employed on a contractual or other basis, by the United States or District government to make appraisals of real estate for real property tax or other government purposes;
(7) Any person who, for a fee, commission, or other valuable consideration, identifies for another person, or provides any other information about, any rental unit available for rent; or
(8) Any qualifying nonprofit housing organization as defined by § 47-3505(a).
§ 47–2853.182. Transfer of license; change of status.
(a) A license issued to a real estate broker, real estate broker or property manager shall not be transferred to another person.
(b) A person licensed as a real estate broker may, upon written request to the Mayor, change his or her status from that of a real estate broker to that of a member, partner, trustee, or officer of a firm, franchise, partnership, association, or corporation, or to that of an associate real estate broker with a corporation, for any unexpired portion of his or her licensure term, upon the payment of the requisite fees required pursuant to this subchapter.
(c) Any broker who wishes to change his or her status to that of an associate real estate broker shall notify the Board of Real Estate by certified mail.
(d) For the purposes of this part, the term “associate real estate broker” means any person licensed under this subchapter as a broker who is employed by a real estate broker, franchise firm, association, business, or corporation, but who is not a partner, an officer or a principal broker within a licensed legal entity.
§ 47–2853.183. Licensure of real estate organizations.
No real estate broker’s license shall be issued to any firm, franchise, partnership, association, or corporation unless the Mayor finds that:
(1) The applicant is organized and exists pursuant to applicable District and federal laws;
(2) Every person member, partner, trustee, or officer who is engaged in activities defined in this subsection is licensed under this subchapter;
(3) Every employee who will render professional services holds a valid license or certificate issued by the Board; and
(4) Every branch office is managed by a licensed real estate broker.
§ 47–2853.184. Place of business.
(a) If a real estate broker maintains more than one place of business within the District, a duplicate license shall be issued to the broker for each office upon payment of the required fee. A copy of the license must be posted within each office.
(b) Whenever a real estate broker changes the location of his or her principal place of business, or discontinues his or her business, he or she shall notify the Mayor within 15 days of the event, in writing, and return to the Mayor his or her license together with the licenses of all real estate salespersons employed by him or her. The Mayor shall issue a new license to the broker upon payment of the required fee. A salesperson shall be issued a new license upon reemployment and payment of the required fees.
(c) Failure to notify the Mayor or to return the license as required by this section will result in immediate suspension of the license until the real estate broker has complied with the provisions of this section.
(d) New licenses for the unexpired term may be issued by the Mayor upon written request by the applicant and the payment of the fees required pursuant to this subchapter.
§ 47–2853.185. Prohibited names.
The Mayor may refuse to issue, renew, or transfer a license in a name that:
(1) Is misleading or would constitute false advertising;
(2) Implies a partnership, association, or corporation when a partnership, association, or corporation does not exist;
(3) Includes the name of a salesperson;
(4) Is in violation of law;
(5) Is a name which has been used by any person whose license has been suspended;
(6) Includes the name of a person not otherwise licensed; or
(7) Is a name which is deceptively similar to a name used by any other licensee.
§ 47–2853.186. Automatic suspension of license through affiliation.
(a) Whenever a real estate broker’s license has been suspended or revoked pursuant to this subchapter, all real estate salespersons employed by that real estate broker must mail their licenses to the Mayor within 15 days of the revocation or suspension. It shall be unlawful for the real estate salesperson to perform any of the acts specified in this subchapter from the date of revocation or suspension until he or she has been reemployed and a license has been reissued to him or her by the Mayor.
(b) When a real estate salesperson is discharged or terminates his or her employment with a licensee, the licensee, within 15 calendar days, shall mail notification to the former employee that his or her license has been mailed to the Mayor. A copy of the notice to the real estate salesperson shall accompany the license when it is mailed to the Mayor. It shall be unlawful for any real estate salesperson to perform any of the acts specified in this subchapter, under authority of the license issued pursuant to this subchapter, from the date of discharge or termination until the time he or she is employed by another licensee and a license is reissued to him or her by the Mayor.
(c) When a real estate salesperson is discharged by or terminates his employment with a licensee it shall be the duty of the real estate salesperson to notify the Mayor in writing within 15 days. It shall be unlawful for the real estate salesperson to perform any of the acts specified in this statute from the date of discharge or termination until he or she has been employed by another licensee and a license is reissued to him or her by the Mayor.
§ 47–2853.187. Effect of corporate, partnership, or association license revocation or suspension.
In the event of the revocation or suspension of a license issued to a real estate firm, franchise, partnership, association, or corporation, the license issued to the principal real estate broker, or any member of a partnership or director or officer of an association or corporation, shall be summarily revoked or suspended by the Mayor, unless:
(1) In a partnership, the connection with the member whose license has been revoked or suspended is severed within the time prescribed by the Mayor, and his or her participation in the partnership’s activities is terminated; or
(2) In an association or corporation, the director or officer whose license has been revoked or suspended is discharged and he or she has no further participation in the association’s or corporation’s activities.
Part P. Duties of Real Estate Brokers, Salespersons, and Property Managers.
§ 47–2853.191. Fiduciary duties when representing a seller.
(a) A licensee engaged by a seller shall:
(1) Perform in accordance with the terms of the brokerage relationship;
(2) Promote the interests of the seller by:
(A) Seeking a sale at the price and terms agreed upon in the brokerage relationship or at a price and terms acceptable to the seller; however, the licensee shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract of sale, unless agreed to as part of the brokerage relationship or as the contract of sale so provides;
(B) Presenting in a timely manner all written offers or counter-offers to and from the seller, even when the property is already subject to a contract of sale;
(C) Disclosing to the seller material facts related to the property or concerning the transaction of which the licensee has actual knowledge; and
(D) Accounting for in a timely manner all money and property received in which the seller has or may have an interest;
(3) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the seller consents in writing to the release of such information;
(4) Exercise ordinary care; and
(5) Comply with all requirements of this section, all applicable fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section.
(b) A licensee engaged by a seller shall treat all prospective buyers honestly and shall not knowingly give them false information. A licensee engaged by a seller shall disclose to prospective buyers all material adverse facts pertaining to the physical condition of the property which are actually known by the licensee. A licensee shall not be liable to a buyer for providing false information to the buyer if the false information was provided to the licensee by the seller and the licensee did not have actual knowledge that the information was false or act in reckless disregard of the truth. No cause of action shall arise against any licensee for revealing information as required by this section or applicable law.
(c) A licensee engaged by a seller in a real estate transaction may, unless prohibited by law or the brokerage relationship, provide assistance to a buyer or potential buyer by performing ministerial acts. Performing such ministerial acts that are not inconsistent with part O and § 47-2853.197 shall not be construed to violate the licensee’s brokerage relationship with the seller unless expressly prohibited by the terms of the brokerage relationship, nor shall performing such ministerial acts be construed to form a brokerage relationship with such buyer or potential buyer.
(d) A licensee engaged by a seller does not breach any duty or obligation owed to the seller by showing alternative properties to prospective buyers, whether as clients or customers, or by representing other sellers who have other properties for sale.
(e) Licensees shall disclose brokerage relationships pursuant to the provisions of this section.
§ 47–2853.192. Fiduciary duties when representing a buyer.
(a) A licensee engaged by a buyer shall:
(1) Perform in accordance with the terms of the brokerage relationship;
(2) Promote the interests of the buyer by:
(A) Seeking a property at a price and terms acceptable to the buyer, but, the licensee shall not be obligated to seek other properties for the buyer while the buyer is a party to a contract to purchase property unless agreed to as part of the brokerage relationship;
(B) Presenting in a timely manner all written offers or counteroffers to and from the buyer, even when the buyer is already a party to a contract to purchase property;
(C) Disclosing to the buyer material facts related to the property or concerning the transaction of which the licensee has actual knowledge, provided that nothing in this section shall modify or limit in any way the provisions of § 42-1755(f); and
(D) Accounting for in a timely manner all money and property received in which the buyer has or may have an interest;
(3) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the buyer consents in writing to the release of such information;
(4) Exercise ordinary care; and
(5) Comply with all requirements of this section, all applicable fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section.
(b) A licensee engaged by a buyer shall treat all prospective sellers honestly and shall not knowingly give them false information. No cause of action shall arise against any licensee for revealing information as required by this section or applicable law. In the case of a residential transaction, a licensee engaged by a buyer shall disclose to a seller the buyer’s intent to occupy the property as a principal residence.
(c) A licensee engaged by a buyer in a real estate transaction may, unless prohibited by law or the brokerage relationship, provide assistance to the seller, or prospective seller, by performing ministerial acts. Performing such ministerial acts that are not inconsistent with part O, § 47-2853.197, and this section shall not be construed to violate the licensee’s brokerage relationship with the buyer unless expressly prohibited by the terms of the brokerage relationship, nor shall performing such ministerial acts be construed to form a brokerage relationship with the seller.
(d) A licensee engaged by a buyer does not breach any duty or obligation to the buyer by showing properties in which the buyer is interested to other prospective buyers, whether as clients or customers, by representing other buyers looking at the same or other properties, or by representing sellers relative to other properties.
(e) Licensees shall disclose brokerage relationships pursuant to the provisions of § 47-2853.193.
§ 47–2853.193. Fiduciary duties when representing a landlord of leased property.
(a) A licensee engaged by a landlord to lease property shall:
(1) Perform in accordance with the terms of the brokerage relationship;
(2) Promote the interests of the landlord by:
(A) Seeking a tenant at the price and terms agreed in the brokerage relationship or at a price and terms acceptable to the landlord; however, the licensee shall not be obligated to seek additional offers to lease the property while the property is subject to a lease or a letter of intent to lease under which the tenant has not yet taken possession, unless agreed as part of the brokerage relationship, or unless the lease or the letter of intent to lease so provides;
(B) Presenting in a timely manner all written offers or counteroffers to and from the landlord, even when the property is already subject to a lease or a letter of intent to lease;
(C) Disclosing to the landlord material facts related to the property or concerning the transaction of which the licensee has actual knowledge; and
(D) Accounting for in a timely manner all money and property received in which the landlord has or may have an interest;
(3) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the landlord consents in writing to the release of such information;
(4) Exercise ordinary care; and
(5) Comply with all requirements of this section, fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section.
(b) A licensee engaged by a landlord to lease property shall treat all prospective tenants honestly and shall not knowingly give them false information. A licensee engaged by a landlord shall disclose to prospective tenants all material adverse facts pertaining to the physical condition of the property which are actually known by the licensee. A licensee shall not be liable to a tenant for providing false information to the tenant if the false information was provided to the licensee by the landlord and the licensee did not have actual knowledge that the information was false or act in reckless disregard of the truth. No cause of action shall arise against any licensee for revealing information as required by this section or applicable law. Nothing in this subsection shall limit the right of a prospective tenant to inspect the physical condition of the property. Nothing in this section shall modify or limit in any way the provisions of § 42-1755(f) [repealed].
(c) A licensee engaged by a landlord in a real estate transaction may, unless prohibited by law or the brokerage relationship, provide assistance to a tenant, or potential tenant, by performing ministerial acts. Performing such ministerial acts that are not inconsistent with part O of this subchapter shall not be construed to violate the licensee’s brokerage relationship with the landlord unless expressly prohibited by the terms of the brokerage relationship, nor shall performing such ministerial acts be construed to form a brokerage relationship with such tenant or potential tenant.
(d) A licensee engaged by a landlord does not breach any duty or obligation owed to the landlord by showing alternative properties to prospective tenants, whether as clients or customers, or by representing other landlords who have other properties for lease.
(e) Licensees shall disclose brokerage relationships pursuant to the provisions of this section.
§ 47–2853.194. Fiduciary duties when representing a tenant.
(a) A licensee engaged by a tenant shall:
(1) Perform in accordance with the terms of the brokerage relationship;
(2) Promote the interests of the tenant by:
(A) Seeking a lease at a price and with terms acceptable to the tenant; however, the licensee shall not be obligated to seek other properties for the tenant while the tenant is a party to a lease or a letter of intent to lease exists under which the tenant has not yet taken possession, unless agreed to as part of the brokerage relationship, or unless the lease or the letter of intent to lease so provides;
(B) Presenting in a timely fashion all written offers or counter-offers to and from the tenant, even when the tenant is already a party to a lease or a letter of intent to lease;
(C) Disclosing to the tenant material facts related to the property or concerning the transaction of which the licensee has actual knowledge, provided that nothing in this section shall amend or limit in any way the provisions of § 42-1755(f) [repealed]; and
(D) Accounting for in a timely manner all money and property received in which the tenant has or may have an interest;
(3) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the tenant consents in writing to the release of such information;
(4) Exercise ordinary care; and
(5) Comply with all requirements of this section, fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section.
(b) A licensee engaged by a tenant shall treat all prospective landlords honestly and shall not knowingly give them false information. No cause of action shall arise against any licensee for revealing information as required by this section or applicable law.
(c) A licensee engaged by a tenant in a real estate transaction may provide assistance to the landlord or prospective landlord by performing ministerial acts. Performing such ministerial acts that are not inconsistent with subsection (a) of this section shall not be construed to violate the licensee’s brokerage relationship with the tenant unless expressly prohibited by the terms of the brokerage relationship, nor shall performing such ministerial acts be construed to form a brokerage relationship with the landlord or prospective landlord.
(d) A licensee engaged by a tenant does not breach any duty or obligation to the tenant by showing properties in which the tenant is interested to other prospective tenants, whether as clients or customers, by representing other tenants looking for the same or other properties to lease, or by representing landlords relative to other properties.
(e) Licensees shall disclose brokerage relationships pursuant to the provisions of this section.
§ 47–2853.195. Fiduciary duties of a property manager.
(a) A licensee engaged to manage real estate shall:
(1) Perform in accordance with the terms of the property management agreement;
(2) Exercise ordinary care;
(3) Disclose in a timely manner to the owner material facts of which the licensee has actual knowledge concerning the property;
(4) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the owner consents in writing to the release of such information;
(5) Account for, in a timely manner, all money and property received in which the owner has or may have an interest; and
(6) Comply with all requirements of this section, fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section.
(b) Except as provided in the property management agreement, a licensee engaged to manage real estate does not breach any duty or obligation to the owner by representing other owners in the management of other properties.
(c) A licensee engage to manage real estate may also represent the owner as seller or landlord if he or she enters into a brokerage relationship that so provides; in which case, the licensee shall disclose such brokerage relationships pursuant to the provisions of this section.
(d) Prior to entering into any brokerage relationship provided for in this section, a licensee shall advise the prospective client of the type of brokerage relationship proposed by the broker, and the broker’s compensation, and whether the broker will share such salary or compensation with another broker who may have a brokerage relationship with another party to the transaction.
(e) The brokerage relationships set forth in this section shall commence at the time that a client engages a licensee and shall continue until (1) completion of performance in accordance with the brokerage relationship; or (2) the earlier of (A) any date of expiration agreed upon by the parties as part of the brokerage relationship or in any amendments thereto; (B) any mutually agreed upon termination of the relationship; (C) a default by any party under the terms of the brokerage relationship; or (D) a termination as set forth in § 47-2853.197(4).
§ 47–2853.196. General provisions governing disclosure of brokerage relationships.
(a) Brokerage relationships shall have a definite termination date; however, if a brokerage relationship does not specify a definite termination date, the brokerage relationship shall terminate 90 days after the date the brokerage relationship was entered into.
(b) Except as otherwise agreed to in writing, a licensee owes no further duties to a client after termination, expiration, or completion of performance of the brokerage relationship, except to account for all moneys and property relating to the brokerage relationship, and keep confidential all personal and financial information received from the client during the course of the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the client consents in writing to the release of such information.
(c) Upon having a substantive discussion about a specific property or properties with an actual or prospective buyer or seller who is not the client of the licensee, a licensee shall disclose any broker relationship the licensee has with another party to the transaction. The disclosure shall be made in writing at the earliest practical time, but in no event later than the time when specific real estate assistance is first provided, and shall be substantially in the form determined by the Board by regulation.
(d) A licensee shall disclose to an actual or prospective landlord or tenant, who is not the client of the licensee, that the licensee has a brokerage relationship with another party or parties to the transaction. The disclosure shall be in writing and included in all applications for lease or in the lease itself, whichever occurs first. If the terms of the lease do not provide for disclosure, disclosure shall be made in writing no later than the signing of lease. This disclosure requirement shall not apply to lessors or lessees in single or multifamily residential units for lease terms of less than 2 months.
(e) If a licensee’s relationship to a client or customer changes, the licensee shall disclose that fact in writing to all clients and customers already involved in the specific contemplated transaction.
(f) Copies of any disclosures relative to fully executed purchase contracts shall be kept by the licensee for a period of 3 years as proof of having made disclosure, whether or not such disclosure is acknowledged in writing by the party to whom the disclosure was shown or given.
(g) A licensee may act as a dual representative only with the written consent of all clients to the transaction. The written consent and disclosure of the brokerage relationship as required by this section shall be presumed to have been given as against any client who signs a disclosure as provided in this section.
(h) The disclosure may be given in combination with other disclosures or provided with other information, but shall be substantially in the form determined by the Board by regulation.
(i) No cause of action shall arise against a dual representative for making disclosures of brokerage relationships as provided by this section. A dual representative does not terminate any brokerage relationship by the making of any such allowed or required disclosures of dual representation.
(j) In any real estate transaction, a licensee may withdraw, without liability, from representing a client who refuses to consent to a disclosed dual representation, thereby terminating the brokerage relationship with such client. Withdrawal shall not prejudice the ability of the licensee to continue to represent the other client in the transaction nor to limit the licensee from representing the client who refused the dual representation in other transactions not involving dual representation.
(k) A principal or supervising broker may assign different licensees affiliated with the broker as designated representatives to represent different clients in the same transaction to the exclusion of all other licensees in the firm. Use of designated representatives shall not constitute dual representation if a designated representative is not representing more than one client in a particular real estate transaction; however, the principal or broker who is supervising the transaction shall be considered a dual representative as provided in this article. Designated representatives may not disclose, except to the affiliated licensee’s broker, personal or financial information received from the clients during the brokerage relationship and any other information that the client requests during the brokerage relationship be kept confidential, unless otherwise provided for by law or the client consents in writing to the release of such information.
(l) Use of designated representatives in a real estate transaction shall be disclosed in accordance with the provisions of this section. Disclosure may be given in combination with other disclosures or provided with other information, but shall be substantially in the form determined by the Board by regulation.
(m) The payment or promise of payment or compensation to a real estate broker or property manager does not create a brokerage relationship between any broker, seller, landlord, buyer or tenant.
(n) No licensee representing a buyer or tenant shall be deemed to have a brokerage relationship with a seller, landlord, or other licensee solely by reason of using a common source information company.
(o) A client is not liable for a misrepresentation made by a licensee in connection with a brokerage relationship, unless the client knew or should have known of the misrepresentation and failed to take reasonable steps to correct the misrepresentation in a timely manner, or the negligence, gross negligence, or intentional acts of any property manager, broker, or broker’s licensee.
(p) A licensee who has a brokerage relationship with a client and who engages another licensee to assist in providing brokerage services to such client shall not be liable for a misrepresentation made by the other licensee, unless the licensee knew or should have known of the other licensee’s misrepresentation and failed to take reasonable steps to correct the misrepresentation in a timely manner, or the negligence, gross negligence, or intentional acts of the assisting licensee or assisting licensee’s licensee.
(q) Clients and licensees shall be deemed to possess actual knowledge and information only. Knowledge or information between or among clients and licensees shall not be imputed.
(r) The common law of agency relative to brokerage relationships in real estate transactions to the extent inconsistent with this section shall be expressly abrogated.
(s) Nothing in this part shall limit the liability between or among clients and licensees in all matters involving unlawful discriminatory housing practices.
(t) Except as expressly set forth in this subchapter, nothing in this part shall affect a person’s right to rescind a real estate transaction or limit the liability of a client for the misrepresentation, negligence, gross negligence, or intentional acts of such client in connection with a real estate transaction, or a licensee for the misrepresentation, negligence, gross negligence, or intentional acts of such licensee in connection with a real estate transaction.
(u) The criminal penalties provided in § 42-1763 [repealed] shall not be applicable to violations of this section, which shall be civil and regulatory in nature.
§ 47–2853.197. Prohibited acts.
In addition to those acts prohibited by other sections of this subchapter, a real estate broker, real estate salesperson or property manager may be subject to disciplinary action, and fines not to exceed $2,500 per violation, if he or she has:
(1) Made any substantial misrepresentation;
(2) Made any false promise of a character likely to influence, persuade, or induce;
(3) Pursued a continued and flagrant course of misrepresentation, or made false promises through agents or salespersons, or advertisement or otherwise;
(4) Acted, as a broker or salesperson, for more than one party in a transaction without the knowledge of all parties for whom he or she acted;
(5) As a property manager, disclosed to a third party confidential information which would be injurious concerning the business or personal affairs of a client without prior written consent of the client, except as may be required or compelled by applicable law or rules;
(6) Accepted a fee, commission, or other valuable consideration as a real estate salesperson for the performance of any of the acts specified in this subchapter from any person, except the broker under whose name he or she is or was licensed at the time the fee, commission, or other valuable consideration was earned;
(7) As a property manager, failed to maintain accurate accounting records concerning the property managed for the client and failed to keep the records available for inspection by each client;
(8) Represented or attempted to represent any real estate broker, other than the broker under whose name he or she is licensed, as a real estate salesperson without the express knowledge and written consent of the broker under whose name he or she is licensed;
(9) Placed an advertisement in any publication, or used a sign or business card which was misleading or which constituted false advertising;
(10) Failed, within a reasonable time, to account for or to remit any money, valuable document, or other property coming into his or her possession which belongs to others;
(11) Demonstrated unworthiness or incompetency to act as a real estate broker and real estate salesperson so as to endanger the public interest;
(12) While acting or attempting to act as agent or broker, purchased or attempted to purchase any business or real estate for himself or herself, either in his or her own name or by use of a straw party, without disclosing that fact to the party he or she represents;
(13) Been guilty of any other conduct, whether of the same or of a different character from that prescribed in this section, which constituted fraudulent or dishonest dealing;
(14) Used any trade name or insignia of membership in any real estate organization of which the licensee is not a member;
(15) Disregarded or violated any provision of this subchapter, the rules issued pursuant to this subchapter, or the code of ethics adopted pursuant to this subchapter;
(16) Guaranteed, authorized, or permitted any broker or salesperson to guarantee future profits which may result from the resale of real estate or a business or business opportunity, or the goodwill of any existing business;
(17) Offered any property for rent or otherwise without the written consent of the owner or the owner’s authorized agent;
(18) Offered any property or business for sale or rent or placed a sign on any real estate offering it for sale or for rent without the written consent of the owner or his or her authorized agent;
(19) Made or accepted a listing contract to sell real estate or a business unless the contract is in writing and provides for a definite termination date which is not subject to prior notice from either party;
(20) Failed to furnish a copy of any listing, sale, lease, or other contract relevant to a real estate or business transaction to all signatories thereof at the time of execution;
(21) Accepted compensation from more than one party to a transaction without the knowledge and consent of all other parties to the transaction;
(22) Failed to keep an escrow or trustee accounting of funds deposited with him or her relating to real estate and business transactions, and to maintain records for a period of 3 years, showing to whom the money belongs, the date of deposit, the date of withdrawal, to whom paid, and other pertinent information as the Board may require by regulation; the records to be made available to the Board on demand or upon written notice given to the depository;
(23) Commingled escrow or trustee funds held by the licensee with his or her personal funds, other than a nominal amount necessary to keep active the escrow or trustee account;
(24) Induced any party to a written agreement in a real estate or business sales transaction to break the agreement for the purpose of substituting a new agreement where the substitution is motivated by the personal gain of the concerned licensee;
(25) As a property manager, refused or prevented, directly or indirectly, a prospective lessee inspection of residential real estate upon reasonable request and scheduling for inspections, for the purpose of reviewing, examining, or having a third party examine the real estate and the conditions of its fixtures;
(26) Made any oral or written representations, at or prior to conveyance to a prospective lessee or residential real estate that repairs, renovations, improvements, installation, or additions will be made to the property after the conveyance unless all the representations are furnished in writing to the lessee at or prior to the conveyance of the premises;
(27) Failed to advise the Board in writing within 15 days of the entry of any judgment against the licensee in a civil or criminal proceeding by a court of competent jurisdiction;
(28) Failed, as a broker, to return immediately to the Mayor the license of a salesperson employed by the broker, wherein the salesperson has been discharged or has terminated his or her employment or affiliation with the broker;
(29) Failed, as a salesperson, to place in the custody of the employing broker, as soon after receipt as is practicable, all money, valuable documents, or other property entrusted to him or her by any person dealing with him or her as the representative of the broker;
(30) Accepted, offered, agreed, or attempted to accept, employment for a fee, commission, or other valuable consideration for appraising real estate or a business, contingent upon the reporting of a predetermined value;
(31) Issued an appraisal report on real estate or a business in which the licensee has an undisclosed interest;
(32) Violated, as determined by the Mayor or a court of competent jurisdiction, any provision of Chapter 14 of this title or the rules issued pursuant to that chapter;
(33) Violated, as determined by the District of Columbia Commission on Human Rights, as established by Commissioner’s Order No. 71-224, effective July 8, 1971, the Mayor, or a court of competent jurisdiction, any provision of Unit A of Chapter 14 of Title 2 or the rules issued pursuant to that chapter, or failed to comply with an order of the District of Columbia Commission on Human Rights, as established by Commissioner’s Order No. 71-224, effective July 8, 1971, pursuant to that chapter;
(34) Violated, as determined by the Department of Licensing and Consumer Protection, established by the Reorganization Plan No. 1 of 1983, effective March 31, 1983, the Mayor, or a court of competent jurisdiction, any provision of Chapter 39 of Title 28 of the District of Columbia Official Code, or the rules issued pursuant to that chapter, or failed to comply with an order of the Department of Licensing and Consumer Protection or its administrative law judge;
(35) Made any oral or written representations, after or prior to conveyance, to a prospective buyer of a business or residential real estate that repairs, renovations, improvements, installations, or additions will be made to the business or real estate after the conveyance, or continued to act on behalf of a seller who made those representations, unless all the representations are furnished in writing to the buyer at least 5 days prior to the conveyance;
(36) Entered into or became a party to any contract, agreement, or understanding, or in any manner whatsoever considered, combined, conspired, or acted with another or others:
(A) To execute a deed or other instrument conveying real estate or a business of any interest therein situated in the District that is not a bona fide sale or transfer, but which is instead a simulated sale or transfer of the real estate, business, or interest therein executed for the purpose and with the intent of defrauding others or misleading others as to the value of the business, real estate or interest therein, and which does so mislead or defraud others, to their detriment; or
(B) To execute a mortgage, deed of trust, or chattel mortgage upon any real estate, business, or interest therein situated in the District that does not represent security for a bona fide indebtedness, but which is a simulated transaction, executed for the purpose and with the intent of misleading or deceiving others as to the value of a business, real estate, or interest therein and which does mislead, deceive, or defraud others to their detriment;
(37) Offered, gave, awarded, promised, used any method, scheme or plan, offering, giving, awarding or promising, free lots in connection with the sale or the offering for sale, or attempt to sell or negotiate the sale of any real estate, business, or interest therein, wherever situated, for the purpose of attracting, inducing, persuading, or influencing a purchaser or prospective purchaser; or offered, promised, or gave prizes of any name or nature for attendance at or participation in any sale of any real estate, business, or interest therein, by auction or otherwise including an owner of the real estate, business, or interest therein;
(38) Knowingly paid a fee, commission, or compensation to anyone for the performance of any service or act within the District defined in this subchapter as the act of a real estate broker or real estate salesperson to any person who was not duly licensed at the time the service or act was performed. This subsection shall not apply to:
(A) The payment of a referral fee by a real estate broker licensed under this subchapter to a nonresident cooperating real estate broker who is properly licensed in his or her own jurisdiction; or
(B) The payment of a fee, commission, or other compensation for any service or act performed by the licensed real estate broker or licensed real estate salesperson made to any firm, franchise, partnership, association, corporation, or other business entity comprised solely of licensed real estate salespersons or licensed real estate brokers, exclusive of administrative and maintenance staff, at the direction of the licensed real estate broker or the licensed real estate salesperson; or
(39) Knowingly prepared, distributed, or circulated, or caused the preparation, distribution, or circulation of, any false or misleading advertising in connection with the sale, exchange, purchase, lease, or rental of real estate or business.
§ 47–2853.198. Acts not required to be disclosed.
Notwithstanding the possibility that a fact may have a psychological impact on a purchaser, lessee, or sublessee, it shall not be a material fact that must be disclosed in a real estate transaction, nor shall it be the basis for a cause of action against an owner of real property, a real estate broker, a real estate salesperson, a property manager, a lessee, or sublessee, that the following information was not disclosed to the purchaser, lessee, or sublessee:
(1) An occupant of real property, at any time, was infected or was or is suspected to have been infected with a human immune deficiency virus;
(2) An occupant of real property, at any time, has been diagnosed, was infected, or was suspected to have been diagnosed as having acquired immune deficiency syndrome or any other disease that has been determined by medical evidence to be highly unlikely to be transmitted through occupancy of property alone; or
(3) The property, at any time, has been or was suspected to have been the site of a suicide, homicide, or other felony.
Part Q. Refrigeration and Air Conditioning Mechanics.
§ 47–2853.201. Scope of practice for refrigeration and air conditioning mechanics.
For the purposes of this part, the term “refrigeration and air conditioning mechanic” means a person who designs, installs, maintains or alters mechanical systems for refrigeration or air conditioning of any public or private building or vehicle.
§ 47–2853.202. Eligibility requirements.
(a) An applicant to be an apprentice refrigeration and air conditioning mechanic shall be registered by the Mayor, without examination, upon providing such information as may be required by the Board of Industrial Trades and payment of appropriate fees. An apprentice refrigeration and air conditioning mechanic shall work only under the direct personal supervision and control of a licensed master mechanic.
(b) An applicant for licensure as a master mechanic shall establish to the satisfaction of the Board of Industrial Trades that the applicant has been employed installing, maintaining, repairing and replacing refrigeration and air conditioning equipment systems larger than 25 compressor horsepower or the equivalent tons of refrigeration in the aggregate for a period of at least 5 consecutive years immediately preceding the date of application, as verified in writing by a master mechanic.
(c) An applicant for licensure as a master mechanic limited shall establish to the satisfaction of the Board of Industrial Trades that the applicant:
(1) Has been employed installing, maintaining, repairing and replacing refrigeration and air conditioning equipment systems less than 25 compressor horsepower or the equivalent tons of refrigeration in the aggregate for a period of at least 5 consecutive years immediately preceding the date of application, as verified in writing by a master mechanic, and
(2) Have proof of chlor fluro carbon certification.
(d)(1) The Board shall accept, in lieu of an examination, experience, or other requirements of test or skill established by the Board, a certificate from a national certifying organization certifying that the applicant:
(A) Has completed the organization’s apprenticeship program;
(B) Has passed the organization’s required examination;
(C) Is designated by that organization as a journeyman refrigeration and air conditioning mechanic; and
(D) Has not been disciplined or otherwise disqualified by the organization.
(2) For the purposes of this subsection, the term “national certifying organization” shall include a nationally recognized trade organization, non-union sponsor, or labor union that is registered with the Bureau of Apprenticeship Training, the United States Department of Labor, or the District of Columbia Apprenticeship Council.
§ 47–2853.203. Certain representations prohibited.
Unless licensed in accordance with this subchapter, no person shall use the words or terms “air conditioning mechanic,” “refrigeration mechanic,” “licensed air conditioning mechanic,” “licensed refrigeration mechanic,” “master mechanic,” or any combination of those words to imply that the person is licensed to perform the services of a refrigeration and air conditioning mechanic in the District.
Part Q-i. Detective and Security Services. [Not Funded]
§ 47–2853.207. Definitions. [Not Funded]
Not Funded.
§ 47–2853.208. Detective and security agencies; security services occupations. [Not Funded]
Not Funded.
Part R. Steam and Other Operating Engineers.
§ 47–2853.211. Scope of practice for steam and other operating engineers.
(a) For the purposes of this part, the term “steam engineer” means a person who maintains, inspects and operates steam or hot water boilers, boiler room auxiliary equipment such as pumps, condensate and derating water tanks, blowdown tanks, burners, fuel systems, steam and gas turbines, steam pumps, air compressors, hot water heaters, boiler room electrical systems, chiller room or refrigeration equipment such as centrifugal chillers, reciprocating absorption chillers, air conditioning and refrigeration auxiliaries such as cooling towers, pumps and controls, electrical generators, appliances using gas, liquid fuel, solid fuel or waste heat.
(b) The term “operating engineer” means a person who operates and maintains cranes, backhoes, bulldozers, air compressors, concrete pumps, derricks, clams or any construction heavy equipment used for hoisting, demolition, digging or earth moving.
§ 47–2853.212. Eligibility requirements.
An applicant for licensure as a steam or other operating engineer shall establish to the satisfaction of the Board of Industrial Trades that:
(1) For a steam engineer, the applicant has the requisite experience and knowledge to operate steam or hot water boilers for the class of licensure applied for, as determined by the Board of Industrial Trades by regulation; and
(2) For an operating engineer, the applicant has the requisite experience and knowledge to operate heavy equipment of the class for which licensure is sought, as determined by the Board of Industrial Trades.
§ 47–2853.213. Certain representations prohibited.
Unless licensed in accordance with this subchapter, no person may use the words or terms “steam engineer,” “licensed steam engineer,” “steam operating engineer,” “licensed steam operating engineer,” “operating engineer,” or “licensed operating engineer” to imply that the person is authorized to perform the services of a steam or other operating engineer in the District.
Part R-i. Tour Guides. [Not Funded]
§ 47–2853.217. Definitions. [Not Funded]
Not Funded.
§ 47–2853.218. Tour guides. [Not Funded]
Not Funded.
Part S. Transitional Provisions.
§ 47–2853.221. Transfer of personnel, records, property, and funds.
(a) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Architecture and the Board of Interior Designers are transferred to the Board of Architecture and Interior Designers established by this subchapter.
(b) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Accountancy are transferred to the Board of Accountancy established by § 47-2853.06.
(c) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Barber and Cosmetology are transferred to the Board of Barber and Cosmetology established by § 47-2853.06.
(d) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the District of Columbia Plumbing Board, the District of Columbia Refrigeration and Air Conditioning Board, District of Columbia Steam and Other Operating Engineers Board, and the District of Columbia Electrical Board are transferred to the Board of Industrial Trades established by § 47-2853.06.
(e) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the District of Columbia Board of Registration for Professional Engineers are transferred to the Board of Professional Engineering established by § 47-2853.06.
(f) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Appraisers are transferred to the Board of Real Estate Appraisers established by § 47-2853.06.
(g) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Real Estate Commission of the District of Columbia are transferred to the Board of Real Estate established by § 47-2853.06.
§ 47–2853.222. Service by members of abolished boards.
Members of boards abolished by this subchapter shall serve as members of the successor boards to which their functions are transferred until the expiration of their terms or the appointment of their successors, whichever occurs first. In any case where there is no successor board, or where the activities of two or more boards have been combined, or where more than one member of a prior board or board is eligible for a single seat on a new board, the Mayor shall make the determination as to which member of the former board or board, if any, shall be seated on a new board. The determination of the Mayor shall be final and shall not be reviewable in any court.
§ 47–2853.223. Abatement of existing proceedings; previously enacted rules and orders.
(a) No suit, action, or other judicial proceeding lawfully commenced by or against any board specified in this subchapter, or against any member, officer or employee of the board in the official capacity of the officer or employee, shall abate by reason of the taking effect of this subchapter, but the court or agency, unless it determines that survival of the suit, action, or other proceeding is not necessary for purposes of settlement of the question involved, shall allow the suit, action, or other proceeding to be maintained, with substitutions as to parties as are appropriate.
(b) No disciplinary action against a person engaged in a profession or occupation regulated by this subchapter initiated by a professional or other administrative body or any other proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this subchapter, but the action or proceeding shall be continued with substitutions as to parties and officers or agencies as are appropriate.
(c) Except as otherwise provided in this subchapter, all rules and orders promulgated by the boards abolished by this subchapter shall continue in effect and shall apply to their successor board until the rules or orders are repealed or superseded.
§ 47–2853.224. Transfers from former boards.
The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to former boards shall be transferred to the boards established by this subchapter.
Subchapter I-C. Trade Names.
§ 47–2855.01. Definitions.
For the purposes of this subchapter:
(1) “Business” means business as defined in § 47-2851.01(1) [now § 47-2851.01(1B)].
(2) “Department” means the Department of Licensing and Consumer Protection.
(3) “Director” means the Director of the Department of Licensing and Consumer Protection.
(4)(A) “Entity” means:
(i) A business corporation;
(ii) A nonprofit corporation;
(iii) A general partnership, including a limited liability partnership;
(iv) A limited partnership, including a limited liability limited partnership;
(v) A limited liability company;
(vi) A general cooperative association;
(vii) A limited cooperative association;
(viii) An unincorporated nonprofit association;
(ix) A statutory trust, business trust, or common-law business trust; or
(x) Any other person that has a legal existence separate from any interest holder of that person or the power to acquire an interest in real property in its own name.
(B) The term “entity” does not include:
(i) An individual;
(ii) A testamentary or inter vivos trust with a predominately donative purpose, or a charitable trust;
(iii) An association or relationship that is not a partnership under the rules set forth in § 29-602.02(c) or a similar provision of the law of another jurisdiction;
(iv) A decedent’s estate; or
(v) A government or a governmental subdivision, agency, or instrumentality.
(5) “Executed” means the signing of a document by a person under penalties of perjury and in an official and authorized capacity on behalf of the person submitting the document to the Department.
(6) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal entity.
(7) “Trade name” means a word or name, or any combination of a word or name, used by a person to identify the person’s business which:
(A) Is not, or does not include, the true and real name of all persons conducting the business; or
(B) Includes words which suggest additional parties of interest such as “company”, “and sons”, or “and associates”.
(8) “True and real name” means:
(A) The surname of an individual coupled with one or more of the individual’s other names, one or more of the individual’s initials, or any combination thereof;
(B) The designation or appellation by which an individual is best known and called in the business community where that individual transacts business, if this is used as that individual’s legal signature;
(C) The registered corporate name of a domestic corporation as filed with the Mayor;
(D) The registered company name of a domestic and foreign limited liability company as filed by the Mayor;
(E) The registered partnership name of a domestic limited partnership as filed with the Mayor;
(F) The registered partnership name of a domestic and foreign limited liability partnership as filed by the Mayor;
(G) The name of a general partnership which includes in its name the true and real names, as defined in subparagraphs (A) through (F) of this paragraph, of each general partner as required in § 47-2855.03;
(H) The registered name of a domestic and foreign statutory trust as filed by the Mayor;
(I) The registered name of a domestic and foreign limited cooperative association as filed by the Mayor; or
(J) The registered name of a domestic and foreign general cooperative association as filed by the Mayor.
§ 47–2855.02. Registration required.
(a) A person who carries on, conducts, or transacts business in the District of Columbia under any trade name shall register that trade name with the Department as follows:
(1) A sole proprietorship or general partnership shall register by setting forth the true and real name or names of each person comprising the sole proprietorship or general partnership, the post office address or addresses of each person, and the name of the general partnership, if applicable.
(2) A foreign or domestic limited partnership shall register by setting forth the limited partnership name as filed with the Mayor.
(3) A foreign or domestic limited liability company shall register by setting forth the limited liability company name as filed with the Mayor.
(4) A foreign or domestic for-profit or nonprofit corporation shall register by setting forth the corporate name as filed with the Mayor.
(5) A domestic or foreign statutory trust shall register by setting forth the statutory trust name as filed by the Mayor.
(6) A domestic or foreign limited cooperative association shall register by setting forth the association name as filed by the Mayor.
(7) A domestic or foreign general cooperative association shall register by setting forth the association name as filed by the Mayor.
(8) A domestic or foreign limited liability partnership shall register by setting forth the partnership name as filed by the Mayor.
(b) The trade name application shall contain the following information:
(1) The name of the person applying for the trade name;
(2) The name of proposed trade name;
(3) Name and address of the governor of the entity; and
(4) The name and address of the registered agent if person is located outside the District of Columbia.
(c) The trade name application shall be executed by:
(1) The sole proprietor of a sole proprietorship; or
(2) The governor of the entity or authorized person on behalf of the governor.
(d) The trade name shall be distinguishable on the records of the Mayor from any:
(1) Name of domestic or foreign filing entity as defined by Title 29.
(2) Name that is reserved under § 29-103.03;
(3) Name that is registered under § 29-103.04;
(4) Another trade name registered under this chapter; or
(5) The name of an agency or instrumentality of the United States or District of Columbia or another state or a subdivision thereof.
§ 47–2855.03. Changes in registration; filing amendment.
(a) An executed amendment to a registration shall be filed with the Department when a change occurs in any of the following:
(1) The true and real name of a person conducting a business with a trade name registered under this subchapter;
(2) The mailing address set forth on the trade name application or on a subsequently filed amendment; or
(3) The registered agent’s information set forth on the application.
(b) A notice of cancellation shall be filed with the Department when use of a trade name is discontinued.
(c) A notice of cancellation, together with a new registration, shall be filed before conducting or transacting any business when:
(1) An addition, deletion, or any change of person or persons conducting business under the registered trade name occurs; or
(2) There is a change in the wording or spelling of the trade name.
(d) No person carrying on, conducting, or transacting business under any trade name shall be entitled to maintain any suit in any of the courts of the District of Columbia until the person has properly completed the registration as provided for in this section.
(e) Failure to complete this registration shall not impair the validity of any contract or act of such person or persons and shall not prevent such person or persons from defending any suit in any court of the District.
§ 47–2855.04. Rules; fees.
(a) The Mayor shall adopt rules as necessary to administer this subchapter. The rules may include the specifying of forms and the setting of fees for trade name registrations, amendments, searches, renewals, and copies of registration documents.
(b) Fees set pursuant to subsection (a) of this section shall not exceed the actual cost of administering this title [subchapter]; provided, that
(1) For expedited same-day service, there shall be a fee of $100 in addition to other fees required by statute or rule;
(2) For expedited 3-day service, there shall be a fee of $50 in addition to other fees required by statute or rule.
§ 47–2855.05. Collection and deposit of fees.
All fees collected by the Department under this subchapter shall be deposited with the D.C. treasurer and credited to the Corporate Recordation Fund (“Fund”) as defined in § 29-102.13.
Subchapter II. Clean Hands Before Receiving a License or Permit.
§ 47–2861. Definitions.
For the purposes of this subchapter, the term:
(1)(A) “Applicant” means:
(i) An individual, business, or other entity that applies for the license or permit; and
(ii) Any person that owns a majority interest in the business or other entity; provided, that this sub-subparagraph shall not apply to a majority interest in a publicly-traded corporation.
(B) For the purposes of this paragraph, the term “majority interest” means:
(i) In the case of a corporation, more than 50% of the total combined voting power of all classes of stock of the corporation or more than 50% of the total value of all of the corporation;
(ii) In the case of a partnership, or entity treated as a partnership, more than 50% of the total interest in the capital or profits of a partnership or entity treated as a partnership; or
(iii) In the case of a trust, more than 50% of the beneficial interest in a trust.
(1A) “District government” means the Mayor, any executive branch or independent agency except the courts, the District of Columbia Water and Sewer Authority, or any board or commission other than the Alcohol Beverage Control Board.
(1B) “District of Columbia Water and Sewer Authority service fees” or “service fees” means all fees or charges, including penalty and interest, billed by the District of Columbia Water and Sewer Authority.
(2) “License” and “permit” means any license or permit issued by the District government, except that the terms “license” and “permit” shall not include:
(A) Any license or permit required pursuant § 6-1401 et seq.;
(B) Any license or permit determined by the Mayor to be necessary to secure, remove, or otherwise remedy an unsafe and hazardous condition that presents an immediate threat to public health or safety; or
(C) Beginning on October 1, 2023, any operator's permit or identification card issued pursuant to §§ 50-1401.01 through 50-1405.01.
(3) “Mayor” means the Mayor of the District of Columbia.
(4) “Taxes” means any tax or fee, including any penalties or interest associated with such tax or fee, administered by the District of Columbia Department of Finance and Revenue or its successor agency.
§ 47–2862. Prohibition against issuance of license or permit.
(a) Notwithstanding any other provision of law, the District government shall not issue or reissue a license or permit to any applicant for a license or permit if the applicant:
(1) Owes the District more than $100 in outstanding fines, penalties, or interest assessed pursuant to the following acts or any regulations promulgated under the authority of the following acts, the:
(A) Litter Control Administrative Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-801 et seq.);
(B) Illegal Dumping Enforcement Act of 1994, effective May 20, 1994 (D.C. Law 10-117; D.C. Official Code § 8-901 et seq.);
(C) District of Columbia Traffic Adjudication Act of 1978, effective September 12, 1978 (D.C. Law 2-104: D.C. Official Code § 50-2301.01 et seq.);
(D) Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.);
(E) Department of For-Hire Vehicles Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301.01 et seq.); or
(F) The Compulsory/No-Fault Motor Vehicle Insurance Act of 1982, effective September 18, 1982 (D.C. Law 4-155; D.C. Official Code § 31-2401 et seq.);
(2) Owes the District more than $100 in past due taxes;
(3) Owes fines assessed to car dealers pursuant to § 50-1501.02(i);
(4) Owes parking fines or penalties assessed by another jurisdiction; provided, that a reciprocity agreement is in effect between the jurisdiction and the District;
(5) Owes past due District of Columbia Water and Sewer Authority service charges or fees;
(6) Owes a vehicle conveyance fee, as that term is defined in § 50-2302.01(i);
(7) Owes the District more than $100 in outstanding fines, penalties, or interest;
(8) Has failed to file required District tax returns; or
(9) Owes the District any past due fines, penalties, or past due restitution on behalf of an employee due to a violation of Chapter 13 of Title 32, Chapter 1A of Title 32, Chapter 10 of Title 32, or Subchapter X-A of Chapter 2 of Title 2.
(b) For purposes of this section, if: (A) the amount of outstanding debt over $100 is subject to dispute, (B) the applicant has properly and timely appealed the infraction, assessment, tax, or basis for the alleged debt, and (C) the appeal is pending, then the outstanding debt shall not be cause for the District government to deny the issuance or reissuance of any license or permit pursuant to subsection (a) of this section. Nothing in this section shall be construed as allowing the nonpayment of any tax, fee, fine, penalty, or any other debt owed to the District government for which payment is required by other law.
(c) A license or permit shall not be denied pursuant to subsection (a) of this section if the applicant has agreed to a payment schedule to eliminate the outstanding debt, the payment schedule has been agreed to by the District government, the applicant is complying with the payment schedule, and the payment schedule is otherwise permitted by law.
(d) This section shall not apply to an applicant for a block party permit pursuant to [Chapter 6A of Title 9, § 9-631 et seq.].
§ 47–2863. Self-certification and enforcement (conditional).
(a)(1) This subchapter shall be enforced by self-certification by the applicant for a license or permit, provided that the veracity of the self-certification may be investigated upon the initiative of the District government at any time.
(2) At the time of application for a license or permit the applicant shall certify on a form provided by the District government that the applicant owes no outstanding debt over $100 to the District government as a result of any fine, fee, penalty, interest, or past due tax as set forth in § 47-2862.
(3) Upon receipt of the applicant’s certification that the issuance of the license or permit is not prohibited by this subchapter, the District government shall consider the application as otherwise provided by law, unless the government has information indicating that the applicant has not paid an outstanding debt under § 47-2862.
(b) Upon the implementation of the interagency computer system required by § 47-2866(a)(1), this section shall expire.
§ 47–2864. Penalties.
(a) If the District government determines at any time that an applicant knowingly falsified the certification required by this subchapter, the District government shall:
(1) Proceed immediately to revoke each license or permit, the application for which contains such a falsified certification; and
(2) Fine the applicant $1,000 for each false certification.
(b) The penalties prescribed by this section shall be applicable only after the applicant is afforded an opportunity for a hearing by the agency which ordinarily would hold a hearing on a revocation of the affected license or permit, and these penalties shall be in addition to any other penalties available by law.
(c) Nothing in this subchapter shall preclude an applicant from submitting a new application for a license or permit.
§ 47–2865. Remedies.
(a) A person whose license or permit is revoked pursuant to § 47-2864 shall have the same remedy for appeal as otherwise provided by law for the revocation of that license or permit.
(b) Nothing in this subchapter shall be construed as granting a new or separate right of appeal on the merits or validity of fines or penalties, or past due taxes, and any appeal of a denial or revocation pursuant to this subchapter shall not consider the merits or validity of the outstanding debt to the District.
(c) Any person whose application is denied pursuant to § 47-2862 may request a hearing within 10 days of the denial on the basis for that denial.
§ 47–2866. Interagency computer system and enforcement.
(a)(1) Consistent with the Delinquent Debt Recovery Act of 2012, effective September 20, 2012 (subtitle E of title I of D.C. Law 19-168; 59 DCR 8025), the Chief Financial Officer shall implement an interagency computer system to enable government agencies, including the Department of Licensing and Consumer Protection, the Office of Tax and Revenue, and the Department of Public Works, to maintain and access up-to-date records of outstanding fines, fees, penalties, interest, taxes, or other charges that may be owed by applicants for licenses or permits from the District government.
(2) At least 30 days prior to the implementation of the interagency computer system, the Chief Financial Officer shall notify the Council of the date of implementation.
(b) Upon the implementation of the interagency computer system as required by subsection (a) of this section:
(1) All agencies responsible for issuing licenses or permits shall utilize the interagency computer system containing records of outstanding fines, fees, penalties, interest, taxes, or other charges owing to the District government to determine whether the application for a license or permit should be denied pursuant to § 47-2862(a);
(2) Self-certification authority shall no longer be authorized; and
(3) Section 47-2863 shall expire.
(c) For purposes of administering and enforcing any tax law in the District of Columbia, the Mayor may require any owner, occupant, or transferor of real property and any taxpayer to provide a social security number or other tax identification number on any return or in a form and manner as the Mayor prescribes. Any use or disclosure of these numbers shall be for tax administration and enforcement purposes only.
(d) The Chief Financial Officer may promulgate such rules as may be necessary and appropriate to carry out provisions of this subchapter.
Subchapter III. Permit and License Application Forms.
§ 47–2881. Placement of Inspector General hotline in permit and license application forms.
(a) In general. — Each District of Columbia permit or license application form printed after the expiration of the 30-day period which begins on the date of the enactment of this Act shall include the telephone number established by the Inspector General of the District of Columbia for reporting instances of waste, fraud, and abuse, together with a brief description of the uses and purposes of such number.
(b) Quarterly reports on use of number. — Not later than 10 days after the end of such calendar quarter of each fiscal year (beginning with fiscal year 1998), the Inspector General of the District of Columbia shall submit a report to Congress on the number and nature of the calls received through the telephone number described in subsection (a) of this section during the quarter and on the waste, fraud, and abuse detected as a result of such calls.
Subchapter IV. Other Licenses.
Part A. Home Improvement Businesses.
§ 47–2883.01. Bonding of persons engaged in home improvement business; definitions.
The Council of the District of Columbia is authorized, in connection with the licensing of persons engaged in the home improvement business, whether as principal, agent, salesman, employee, or otherwise, to require the furnishing of bond as a condition to the issuance of such license. For the purposes of this part, the term “home improvement business” means the repair, remodeling, alteration, conversion, or modernization of, or addition to, residential property, all as may be more particularly defined in regulations promulgated by the Council. Such bonding may be required notwithstanding the fact that a person may also be subject to the bonding requirements of any other law.
§ 47–2883.02. Bond requirements.
(a) The Council of the District of Columbia may, from time to time, and in its discretion, establish classes and subclasses of persons licensed to engage in the home improvement business and specify the amount and conditions of the bond or other security acceptable to the Council to be deposited by each of the members of any such class or subclass. In connection with the licensing of persons to engage in the home improvement business, and the bonding of the members of any such class or subclass of such persons, the Council, in its discretion, may by regulation require applicants for licenses or licensees:
(1) To furnish and keep in force a bond or bonds running to the District, or other security acceptable to the Council, to protect members of the public against financial loss by reason of the failure of the licensee or of any officer, agent, employee, salesman, or other person acting on behalf of said licensee, to observe any law or regulation in force in the District of Columbia applicable to the licensee’s conduct of the licensed business;
(2) To procure and keep in force public liability insurance or property damage insurance, or both; and
(3) To appoint the Mayor as their true and lawful attorney upon whom all judicial and other process or legal notice directed to such person may be served.
(b) The bonds authorized by this section shall be corporate surety bonds in amounts to be fixed by the Council, but no bond shall exceed $25,000, and such bond shall be conditioned upon the observance by the licensee and any officer, agent, employee, salesman, or other person acting on behalf of said licensee, of all laws and regulations in force in the District applicable to the licensee’s conduct of the licensed business, for the benefit of any person who may suffer damages resulting from the violation of any such law or regulation by or on the part of such licensee or any officer, agent, employee, salesman, or other person acting on behalf of the licensee.
(c) Any person aggrieved by the violation of any law or regulation applicable to the licensee’s conduct of the licensed activity shall have, in addition to his right of action against such licensee, a right to bring suit against the surety on a bond authorized by this section, either alone or jointly with the principal thereon, and to recover in an amount not exceeding the penalty of the bond any damages sustained by reason of any act, transaction, or conduct of the licensee, or of any officer, agent, employee, salesman, or other person acting on behalf of said licensee, which is in violation of law or regulation in force in the District relating to the licensed activity. The provisions of the second, third, and fifth paragraphs of subsection (b) of § 1-301.01 shall be applicable to each bond authorized by this section as if it were the bond authorized by the first paragraph of such subsection (b) of § 1-301.01; provided, that nothing in this subsection shall be construed to impose upon the surety on any such bond a greater liability than the total amount thereof or the amount remaining unextinguished after any prior recovery or recoveries.
§ 47–2883.03. Payment as defense to assertion of lien.
In any case in which a property owner or occupant has entered into a contract with a person offering to perform or to arrange for the performance of home improvement work, and such property owner or occupant makes payment for such work to the person offering to perform or arrange for the performance of the same, proof of such payment shall constitute a defense against, and render void, any lien sought to be asserted under the authority of subchapter I of Chapter 3 of Title 40, and § 40-303.01.
§ 47–2883.04. Penalty.
Any person who shall violate any provision of this part or of any regulation promulgated by the Mayor under the authority of this part shall be guilty of a misdemeanor and shall be punished by a fine not more than the amount set forth in [§ 22-3571.01] or by imprisonment for not more than 90 days, or both. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this part, or any rules or regulations issued under the authority of this part, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this part shall be pursuant to Chapter 18 of Title 2.
§ 47–2883.05. Prosecutions to be conducted by Attorney General for the District of Columbia.
Prosecutions for violations of this part, or of the regulations made pursuant thereto, shall be conducted in the name of the District by the Attorney General for the District of Columbia or any of his assistants. As used in this part, the term “Attorney General for the District of Columbia” means the attorney for the District, by whatever title such attorney may be known, designated by the Mayor to perform the functions prescribed for the Attorney General for the District of Columbia in this part. Adjudication of civil infractions shall be pursuant to Chapter 18 of Title 2.
§ 47–2883.06. Authority and power of Mayor deemed supplementary.
The authority and power vested in the Mayor by any provision of this part shall be deemed to be additional and supplementary to authority and power now vested in him, and not as a limitation.
§ 47–2883.07. Severability.
If any provision of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or the application of this part which can be effected without the invalid provision or application, and to this end the provisions of this part are severable.
Part B. Pawnbrokers.
§ 47–2884.01. Definitions.
As used in this part:
(1) The term “person” means an individual, firm, voluntary association, joint-stock company, incorporated society, or corporation.
(2) The term “District” means the District of Columbia.
(3) The term “Mayor” means the Mayor of the District or the agent or agents designated by him to perform any function vested in the Mayor by this part; provided, that for the purposes of subsection (e) of § 47-2884.07 no such agent shall, by way of appeal, review his own action, decision, or ruling.
(4) The term “pawnbroker” means any person who shall in any manner lend or advance money or other things for profit on pledge and possession of personal property or other valuable thing, other than securities or written or printed evidences of indebtedness or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, and shall include all pawnbrokers referred to in §§ 5-117.01, 5-117.02, and 5-117.03.
§ 47–2884.02. License required; display of sign or emblem.
(a) No person shall engage in business as a pawnbroker except as authorized in this part and without first obtaining a license from the Mayor as hereinafter provided.
(b) No person, other than a licensee under this part, shall display any sign or other device in or about any business premises, or in any advertising matter, which in any manner resembles the emblem or sign commonly used by pawnbrokers nor display any sign which is calculated to deceive, nor use the word ‘pawnbroker’ in or about any business premises or in any advertising matter, nor shall any such person hold himself out to the public to be a pawnbroker either by advertising, soliciting, signs, or otherwise.
§ 47–2884.03. Appointment of Mayor as attorney; application for license; cash capital; application fee; endorsement to master business license.
(a) No license shall be issued to any person unless and until such person shall, in writing and in the form prescribed by the Mayor, appoint the Mayor as his true and lawful attorney upon whom all judicial and other process or legal notice directed to such person may be served. A copy of any such process or notice so served upon the Mayor shall be forthwith sent by registered mail by the plaintiff or his attorney to the defendant at his residence or his place of business.
(b) Each application for a license under this part shall be in writing, under oath or affirmation, to the Mayor in such form as he may prescribe. Such application shall contain:
(1) In the case of an individual, his name and the address of his residence and place of business;
(2) In the case of a firm or voluntary association, the name and address of every member thereof and the address of the place where such business is to be conducted;
(3) In the case of a joint-stock company, incorporated society, or corporation, the names and addresses of the officers and directors thereof and the address of the place where such business is to be conducted; and
(4) Such additional information as the Council of the District of Columbia may prescribe.
(c) Each applicant shall prove to the satisfaction of the Mayor that he has available, for use in the business of making loans authorized by this part at the location specified in his application, cash capital of at least $20,000.
(d) Upon the filing of any such application the applicant shall pay to the Mayor the sum of $50 as a fee for investigating the application, which sum shall be retained by the District whether such application is approved or disapproved.
(e) Any license issued pursuant to this part shall be issued as an Inspected Sales and Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
(f) No license shall be issued to any person unless:
(1) At least 30 days before the issuance of a license, all affected Advisory Neighborhood Commissions have been provided notice that a pawnbroker license application has been submitted to the Mayor; provided, that this paragraph shall not apply to applications for a renewal of a pawnbroker license; and
(2) The opinions of all affected Advisory Neighborhood Commissions have been accorded great weight during deliberations to approve or deny the license application.
§ 47–2884.04. Bond.
(a) Each applicant shall file with his application a bond running to the District in the sum of $5,000 with 2 or more sufficient sureties, whose liability as such securities shall not exceed the said sum in the aggregate; except that the execution of any such bond by a fidelity or surety company authorized by the laws of the United States to transact business in the District shall be equivalent to the execution thereof by 2 sureties, but such company, if excepted to, shall justify in the manner required by law of fidelity and surety companies. Such bond shall be approved by the Mayor and conditioned upon the compliance by the applicant with all the provisions of this part and all rules and regulations lawfully made pursuant thereto. Any person injured by the noncompliance with any such provision, rule, or regulation by any licensee under this part may maintain a suit in his own name in any court of competent jurisdiction and recover on the bond such damages as shall be adjudged by such court together with costs of such suit. Recovery upon any such bond shall not preclude recovery against such licensee for any liability in excess of the amount recovered upon the bond, and such recovery shall not be held to extinguish any remedy under other law.
(b) The bond or bonds which the licensee is required to file hereunder shall be renewed and refiled annually at the time of making payment of the annual license fee. If the Mayor shall find that any such bond has for any reason become insecure or exhausted, an additional bond in the sum of not more than $5,000 shall be filed by the licensee within 10 days after written demand therefor by the Mayor.
§ 47–2884.05. License—Issuance; fee; contents; display; transferability; change of place or business.
(a) If the Mayor approves the bond filed by the applicant and the form of the application, and finds after investigation: (1) that the financial responsibility, experience, character, and general fitness of such applicant, and of the members thereof if the applicant is a firm or voluntary association, and of the officers and directors thereof if the applicant is a joint-stock company, incorporated society, or corporation are such as to command the confidence of the community and to warrant the belief that the business of the applicant will be operated honestly, fairly, and efficiently in accordance with the purposes of this part; (2) that permitting such applicant to engage in such business will promote the convenience and advantage of the community; and (3) that the applicant has available for use in such business at the location specified in the application cash capital of at least $20,000, the Mayor shall, upon payment by the applicant of a license fee of $800, issue to the applicant a license to make such loans in accordance with the provisions of this part at the location specified in such application; except that if any such license is issued after the 30th day of April of any year the fee for such license shall be $250. If the Mayor does not so find after investigation he shall notify the applicant thereof and return the bond filed with the application. Within 60 days from the date of filing the application for license, accompanied by the investigation fee and bond required by this part, the Mayor shall either issue or refuse to issue such license, but no applicant shall be denied a license until after a due hearing by the Mayor, at which the applicant shall have a reasonable opportunity to be heard and to produce evidence in support of his application. If the application be denied, the Mayor shall within 20 days thereafter prepare a written decision and findings with respect thereto containing a summary of the evidence and the reasons supporting the denial and forthwith serve upon the applicant a copy thereof.
(b) Each license issued under this part shall state fully the name of the licensee and the place at which the business is to be conducted under such license. Such license shall be kept conspicuously posted in such place of business. No such license shall be transferable or assignable. Not more than 1 place of business shall be maintained under the same license, but the Mayor may issue more than 1 license to the same licensee upon compliance for each such license with all the provisions of this part applicable to the original issuance of licenses. Whenever a licensee shall desire to change his place of business to another location within the District he shall file an application for a new license in accordance with the provisions of § 47-2884.03.
(c) No licensee shall transact such business or make any loan provided for by this part under any other name or at any other place of business than that named in the license.
§ 47–2884.06. License—Revocation; suspension; renewal; renewal fee; procedure; surrender.
(a) Each license shall remain in full force and effect until the 1st day of November following the date of issuance unless sooner surrendered by the licensee or suspended or revoked as hereinafter provided. Application for license for the following year may be made by any licensee within 20 days prior to the 1st day of November. If the Mayor is satisfied that no fact or condition then exists which clearly would warrant the Mayor in refusing to issue a license on an original application the Mayor is authorized to issue license for the year commencing on the 1st day of November following the date of such application, upon payment of license fee of $550.
(b) The Mayor shall, upon 10 days notice to the licensee stating that he contemplates the revocation or suspension of his license, and, in general, the grounds therefor, revoke or suspend such license, after reasonable opportunity has been afforded to the licensee to be heard, if the Mayor finds: (1) that the licensee has failed to maintain in effect the bond or bonds required under this part; or (2) that the licensee has either, knowingly or without the exercise of due care to prevent the same, violated any provision of this part or has failed to comply with any rule or regulation lawfully made pursuant thereto; or (3) that any fact or condition then exists which clearly would warrant the Mayor in refusing to issue a license on an original application. If the license be revoked or suspended the Mayor shall, within 20 days thereafter, prepare a written decision and findings with respect thereto containing a summary of the evidence and the reasons supporting the revocation or suspension and forthwith serve upon the licensee a copy thereof.
(c) The Mayor may revoke or suspend only the particular license with respect to which there are grounds for revocation or suspension, but if the Mayor finds that such grounds for revocation or suspension apply or extend to more than 1 license issued to any person under this part, he shall revoke or suspend all the licenses affected thereby.
(d) The licensee may at any time surrender any license issued to him under this part upon filing written notice to that effect with the Mayor.
(e) No revocation, suspension, or surrender of any such license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any borrower, or any bond given by such licensee.
§ 47–2884.07. License—Enforcement of part; annual report; records of licensee; appeal of action, decision, or ruling of Mayor.
(a) The provisions of this part shall be enforced by the Mayor, and the Council of the District of Columbia is authorized to make such rules and regulations in addition hereto and not inconsistent herewith, as may be necessary for the enforcement of this part. The Mayor shall make such examination and investigations of the affairs, business, office, and records of every licensee, and such further examinations or investigations as he shall deem necessary for the purpose of discovering violations of this part or of securing information necessary for its proper enforcement. For the purpose of making such examinations or investigations, the Mayor and his duly designated representatives shall have authority to require by subpoena the production of books, papers, and records and the attendance, and examination under oath, of all persons whomsoever whose testimony they may require relative to the loans or business of any such licensee, and shall have free access to the accounts, papers, records, files, safes, vaults, offices, and places of business used in connection with any business conducted under any license issued in accordance with this part. In the event of contumacy or refusal to obey any such subpoena or requirement under this section, the Mayor may make application to the Superior Court of the District of Columbia for an order requiring obedience thereto. Thereupon the Court, with or without notice and hearing, as it in its discretion may decide, may make such order as is proper and may punish as a contempt any failure to comply with such order.
(b) Each licensee shall annually, on or before the 15th day of March, file with the Mayor a report giving such information as the Mayor may require, relevant to the business and operations during the preceding calendar year of each licensed place of business conducted by such licensee in the District. Such report shall be made under oath and in the form prescribed by the Mayor. The Mayor shall make and publish annually an analysis and recapitulation of such reports.
(c) Each licensee shall keep and use in his business and shall preserve, for at least 3 years after making the final entry on any loan recorded therein, such books, accounts, records, or card systems as will enable the Mayor to determine whether such licensee is complying with the provisions of this part and with the rules and regulations made pursuant thereto.
(d) The Mayor is authorized to appoint such assistants, clerks, or other employees as may be required for the purpose of carrying out the provisions of this part.
(e) Any person aggrieved by any action, decision, or ruling of the Mayor under this part may, within 20 days thereafter, or within 20 days after the service upon such person of any written decision and findings required by this part, appeal to the Mayor for a review thereof. Upon any such review, the Mayor may affirm, set aside, or modify such action, decision, or ruling. In any such case the Mayor shall, within 10 days thereafter, prepare a written decision and findings with respect thereto, containing a summary of the evidence and the reasons supporting the affirmance, setting aside, or modification, and forthwith serve upon the aggrieved person a copy thereof.
§ 47–2884.08. Advertising; statement of rates.
(a) No licensee or other person, firm, voluntary association, joint-stock company, incorporated society, or corporation shall advertise, print, display, publish, distribute, or broadcast, or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast, in any manner whatsoever, any statement or representation with regard to the rates, terms, or conditions for the lending of money, credit, goods, or things in action in the amount or of the value of $1,000 or less, which is false, misleading, or deceptive, or, in the case of a licensee, which refers to the supervision of such business by the District of Columbia, or any department or official thereof. The Mayor may order any licensee to desist from any conduct which he shall find to be a violation of the foregoing provisions.
(b) The Mayor may require that rates of charge, if stated by a licensee, be stated fully and clearly in such manner as he may deem necessary to prevent misunderstanding thereof by prospective borrowers.
§ 47–2884.09. Maximum rate of interest permitted; repayment of loan.
(a) Beginning January 1, 2011, the maximum rate of interest which a pawnbroker may contract for, and receive, including fees, shall not exceed 5% per month, or fraction of the month, for the first 6 months of a loan, and 3% per month, or fraction of the month, thereafter; provided, that a pawnbroker may contract for, and receive, a minimum charge of $2 per month, or fraction of the month, in lieu of interest.
(b) The borrower may pay all or any part of any loan made pursuant to this part at any time before the date of maturity thereof, but any such payment may first be applied by the licensee to all interest unpaid up to the date of such payment.
(c) Once during each calendar year, a borrower shall have the right to rescind any pawn loan by the end of the same business day of the transaction. A $2 fee may be assessed by the licensee to offset the administrative cost of the rescission.
(d) The Mayor shall investigate from time to time, but no more frequently than once every 3 years, the economic conditions and other factors relating to and affecting the business of making pawnbroker loans under this part and shall ascertain and report to the Council all pertinent facts necessary to determine what maximum rate of interest should be permitted.
§ 47–2884.10. Excessive consideration prohibited; instruments for loans made in violation of part invalid; loans made outside of District.
(a) No person, except as authorized by this part, shall directly or indirectly, by any device, subterfuge, or pretense, whatsoever, ask, demand, charge, contract for, or receive, or participate, as agent, broker, procurer, intermediary, or volunteer, or in any other capacity, in asking, demanding, charging, contracting for, or receiving any interest, discount, fee, charge, or other consideration which in the aggregate is greater than the interest which is permitted by §§ 28-3301 to 28-3303, upon any loan or application for loan in the amount or of the value of $1,000, or less, whether or not such loan is made.
(b) No person engaged in the business regulated by this part shall pay, directly or indirectly, to any person, any money, service, or thing of value for the doing of any of the acts prohibited in subsection (a) of this section; provided, that this subsection shall apply only to acts done or performed with reference to loan transactions or applications for loans in sums of $1,000 or less, or in inducing or seeking to induce any person to borrow in sums of $1,000 or less.
(c) No instrument evidencing a loan made within the District in violation of the provisions of this part shall be valid or enforceable in the District by the lender or by any other holder thereof who acquired the same with actual knowledge that said loan was made in violation of the provisions of this part or with knowledge of such facts that his action in taking such instrument amounted to bad faith.
(d) Any loan made by any person not licensed under this part for which there has been charged, contracted for, or received a greater rate of interest, discount, or consideration than the interest which is permitted by §§ 28-3301 to 28-3303, and any loan made by a licensee under this part for which there has been charged, contracted for, or received a greater rate of interest, discount, or consideration than licensees are permitted to charge, contract for, or receive under this part is hereby declared to be against the public policy of the District. No such loan made outside the District shall be enforced in the District and every person in anywise participating therein in the District shall be subject to the provisions of this part, except that the provisions of this subsection shall not apply to a loan legally made in any state under and in accordance with the provisions of a duly enacted pawnbroker law.
§ 47–2884.11. Book containing loan transactions required; inspection of books; police to be admitted to premises; daily transcript.
(a) Every pawnbroker shall keep a book in which shall be fairly written, at the time of each loan, an accurate account and description of the goods, article, or thing pawned or pledged, the amount of money loaned thereon, the time of pledging the same, the rate of interest to be paid on such loan, and the name and residence of the person pawning or pledging the said goods, article, or thing, together with a particular description of such person, including complexion, color of eyes and hair, and his or her height and general appearances.
(b) The said book shall at all reasonable times be open to the inspection of the Mayor. It shall be the duty of every pawnbroker, and of every person in his employ, to admit to his premises during business hours any member of the Metropolitan Police force of the District of Columbia as aforesaid to examine any pledge or pawnbook or other record on the premises, as well as the articles pledged, purchased, or received, and to search for and take possession of any article known by him to be missing or known or believed by him to have been stolen, without the formality of the writ of search warrant or any other process, which search or seizure is hereby authorized.
(c) Except as to any judicial or other official of the District, having a right thereto in his official capacity, it shall be unlawful for any officer or employee of the District to divulge or make known in any manner the contents of such book.
(d) Every pawnbroker shall, every day, except Sunday, before the hour of 11:00 a.m., deliver to the Chief of Police, or his representative, on forms or via electronic means in a format prescribed by the Mayor, a legible and correct transcript from the book or books provided for in subsection (a) of this section, showing an accurate and complete description of every article or thing received by him, in pawn or pledge, and giving all numbers, marks, monograms, trademarks, manufacturers’ names, and other marks of identification appearing on the same, on the business day next preceding, together with the numbers of the pawn ticket issued therefor, the amount of the loan thereon, and the name, residence, and physical description of the person pawning or pledging the said goods, article or thing.
§ 47–2884.12. Borrower to receive memorandum of loan transaction.
Every pawnbroker shall, at the time of each loan, deliver to the person pawning or pledging any goods, article, or thing a memorandum or note, signed by him, containing the substance of the entry required to be made in his or her book by § 47-2884.11, excepting as to the description of the person and no charge shall be made or received by any pawnbroker for any such entry, memorandum, or note.
§ 47–2884.13. Sale of pawn or pledge—Required time of possession.
No pawnbroker shall sell a pawn or a pledge until the pawn or the pledge has remained 6 months in the pawnbroker’s possession, unless by consent in writing by the pawner.
§ 47–2884.14. Sale of pawn or pledge—Notice.
At least 30 days before selling a pawn or a pledge, the pawnbroker shall send notice of the sale to the pawner by certified mail. Certificates of mailing of the notice shall be part of the pawnbroker business records required by this part to be kept.
§ 47–2884.15. Sale of pawn or pledge—Disposition of surplus moneys.
The surplus money from the sale, after deducting the amount of the loan, the interest then due on the loan, and the expenses of the notice and sale, shall be paid over by the pawnbroker to the person who would have been entitled to redeem the pledge had the sale not taken place.
§ 47–2884.16. Penalties for violation of part; loan declared void; pledge returned.
(a) Any individual or any member, officer, director, agent, or employee of any firm, voluntary association, joint-stock company, incorporated society, or corporation who shall violate or participate in the violation of any of the provisions of this part shall be punished by a fine of not more than the amount set forth in [§ 22-3571.01] or by imprisonment for not more than 90 days.
(b) Any contract of loan in the making or collection of which any act shall have been done which constitutes a violation of any of the provisions of this part shall be void and the lender shall have no right to collect or receive any principal, interest, or charges whatsoever on account thereof. Any person pledging any goods, article, or other thing as security for a loan which is void shall be entitled to the return of such goods, article, or thing without being required to pay any principal, interest, or other charge on account of such void loan.
(c) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this part, or any rules or regulations issued under the authority of this part, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this part shall be pursuant to Chapter 18 of Title 2.
§ 47–2884.17. Rules and regulations.
The Mayor, pursuant to [Chapter 5 of Title 2, § 2-501 et seq.], may issue rules to implement the provisions of this part.
§ 47–2884.18. Exceptions to application of part.
Nothing in this part shall apply to any person, firm, joint-stock company, incorporated society, credit union, or corporation doing business in the District of Columbia under the supervision of the Federal Reserve System, or the Comptroller of the Currency, or the Federal Deposit Insurance Corporation, or the Federal Home Loan Bank Board, or the Federal Savings and Loan Insurance Corporation, or the Department of Health and Human Services or to loans made by them.
§ 47–2884.19. Severability.
If any provision of this part or the application thereof to any person or circumstances is held invalid, the remainder of the part, and the application of such provision to other persons or circumstances shall not be affected thereby.
Part C. Pharmacy.
§ 47–2885.01. Purposes; scope.
(a) The purposes of this part are:
(1) To license pharmacies and pharmacists;
(2) To register pharmacy interns;
(3) To regulate the practice of pharmacy; and
(4) To establish a Board of Pharmacy in the District of Columbia in order to protect the public health and welfare.
(b) This part shall not apply to:
(1) A duly licensed medical practitioner who personally dispenses or administers drugs or poisons as the practitioner deems proper in the treatment of the practitioner’s patients;
(2) The administering of drugs by a registered or licensed nurse under the direction of a medical practitioner to the practitioner’s patient or patients;
(3) Or otherwise interfere with the sale of over-the-counter drugs; or
(4) Any person who is a wholesaler or manufacturer, or any employee of such person, when engaged in the discharge of his or her official duties.
(c) Nothing in this part shall be construed as altering or affecting in any way laws of the District of Columbia or any federal act requiring a written prescription for controlled substances or other dangerous drugs.
§ 47–2885.02. Definitions.
For purposes of this part:
(1) The term “Board” means the District of Columbia Board of Pharmacy established by the District of Columbia Health Occupations Revision Act of 1985.
(2) The term “dispense” means to sell, distribute, leave with, give away, dispose of, prepare or deliver a drug.
(3) The term “drug” means:
(A) Any substance recognized as a drug, medicine, or medicinal chemical in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia, or official Veterinary Medicine Compendium or other official drug compendium or any supplement to any of them;
(B) Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animal;
(C) Any chemical substance (other than food) intended to affect the structure or any function of the body of man or other animal; and
(D) Any substance intended for use as a component of any items specified in subparagraph (A), (B), or (C) of this paragraph, but does not include medical devices or their components, parts, or accessories.
(4) The term “labeling” means the process of affixing a label to any drug container, but does not include the labeling by a manufacturer, packer, or distributor of an over-the-counter drug, packaged legend drug, or medical device.
(5) The term “Mayor” means the Mayor of the District of Columbia or the Mayor’s designated agent.
(6) The term “medical device” means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is:
(A) Recognized in the official National Formulary, the official United States Pharmacopoeia, or any supplement thereto;
(B) Intended for use in the diagnosis of disease or any other condition, or in the cure, mitigation, treatment, or prevention of disease in man or other animal; or
(C) Intended to affect the structure or any function of the body of man or other animal, and which does not achieve any of its principal intended purposes through chemical action within or on the body of man or other animal, and which does not depend upon being metabolized for the achievement of any of its principal intended purposes.
(7) The term “medicinal chemicals” means chemicals used in the treatment of illness or disease.
(8) The term “over-the-counter drug” means drugs which may be sold without a prescription and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws and regulations of the District of Columbia and the federal government.
(9) The term “person” means any individual, partnership, association, corporation, company, joint stock association, or any organized group of persons whether incorporated or not, or any trustee, receiver, or assignee thereof.
(10) The term “pharmacist” means any person who is licensed in the District of Columbia to engage in the practice of pharmacy.
(11) Repealed.
(12) The term “pharmacy intern” means any person who is registered in the District of Columbia to engage in the practice of pharmacy under the direct supervision of a pharmacist.
(13) The term “practice of pharmacy” means the practice defined in § 3-1201.02(11).
(14) The term “practitioner” means a person licensed and permitted by such license (other than a pharmacist) to prescribe, to dispense, or to conduct research with respect to, or to administer, drugs within the course of such person’s professional practice or research.
(15) Repealed.
(16) The term “proprietor of a pharmacy” means a person designated as proprietor in an application for a pharmacy license under § 47-2885.08. The proprietor may be an individual, a corporation, a partnership, or an unincorporated association, and shall at all times own a controlling interest in the pharmacy.
(17) The term “radiopharmaceuticals” means radioactive drugs and chemicals within the classification of legend drugs as defined under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) or regulations issued by the Mayor pursuant to this part.
§ 47–2885.03. General prohibitions.
(a)-(c)Repealed.
(d) It shall be unlawful for any person to operate, maintain, open or establish a pharmacy within the District of Columbia without first having obtained a license or registration from the Mayor.
(e) Repealed.
(f) It shall be unlawful for any establishment or institution, or any part thereof, that does not provide services of the practice of pharmacy, as defined within this part, to use or have upon it, or displayed within it, or affixed to or used in connection with it, a sign bearing the word or words “pharmacy,” “apothecary,” “drugstore,” “druggist,” or any word or words of similar or like import which would tend to indicate that the practice of pharmacy is being conducted in the establishment or institution.
§ 47–2885.04. Board of Pharmacy. [Repealed]
Repealed.
§ 47–2885.05. Licensing of pharmacists. [Repealed]
Repealed.
§ 47–2885.06. Registration of pharmacy interns.
(a) To register as a pharmacy intern, a person shall establish to the satisfaction of the Board of Pharmacy that the applicant:
(1) Is currently registered in and attending a duly accredited college or school of pharmacy or is a graduate of such college or school of pharmacy; and
(2) Has provided such additional evidence as the Board has determined is necessary for the position of pharmacy intern; and
(3) Has complied with the other standards required for registration by the Non-Health Related Professions and Occupations Licensure Act of 1998.
(b) The Mayor may, by regulation, provide for the registration of pharmacy interns who obtain their practical experience outside of the District of Columbia.
(c) Registration as a pharmacy intern may be renewed for successive periods of 1 year if the Mayor is satisfied that the applicant is in good faith and with reasonable diligence working toward his or her pharmaceutical degree or, if he or she has already received his or her degree, has been unable with reasonable diligence to accumulate the number of hours of service required by the Mayor.
§ 47–2885.07. Denial, suspension, or revocation of pharmacist’s license or pharmacy intern’s registration. [Repealed]
Repealed.
§ 47–2885.08. Licensing of pharmacies.
(a) The application for a pharmacy license shall be made on a form to be prescribed by the Mayor and shall be accompanied by the required fee. The license shall be valid for a period of time to be determined by the Mayor. No license fee shall be required for the operation of a pharmacy by the United States government or by the District of Columbia government.
(b) Application for renewal of a pharmacy license shall be made not later than 30 days before the expiration date of the license to avoid lapse. An additional fee for late filing not exceeding the amount of the renewal fee shall be established by the Mayor.
(c) Each pharmacy license issued shall apply only to the operation of the pharmacy at the location for which it is issued.
(d) A pharmacy license is not transferable.
(e) Whether or not the proprietor of a pharmacy is a pharmacist, the pharmacy license shall be issued in the name of the proprietor.
(f) When a pharmacy changes proprietorship, the license shall become void and shall be promptly surrendered to the Mayor, and a license shall be obtained by the new proprietor whether or not there is any change in the name of the pharmacy.
(g) Any license issued pursuant to this section shall be issued as a Public Health: Pharmacy and Pharmaceuticals endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.
§ 47–2885.09. Operation of pharmacy.
(a) A pharmacy shall be operated only by a licensed pharmacist. During all times when the pharmacy is open for business a pharmacist shall be on duty. The pharmacist on duty shall post his or her license in a conspicuous place during the time he or she is on duty. The hours that the pharmacy is open for business shall be conspicuously displayed on the outside of the pharmacy.
(b) The pharmacist on duty shall control all professional aspects of the practice of pharmacy; any usurpation, in reference or impairment of the exercise of professional judgment of the pharmacist on duty by a nonpharmacist proprietor or personnel shall be deemed the practice of pharmacy and constitute a violation of this part.
(c)(1) If only part of an establishment or institution is used as the pharmacy and if the pharmacy is not open to the public at the times when the rest of the establishment is open to the public, the pharmacy shall be securely enclosed so as to prevent unauthorized access to pharmacy areas and to prevent the diversion of drugs stored in pharmacy areas.
(2) The pharmacy and any storage areas for prescription drugs outside of the pharmacy shall be substantially constructed.
(3) All doors shall be capable of being securely locked, and access shall be restricted to pharmacists, the proprietor of the pharmacy, or persons authorized by a pharmacist with the consent of the proprietor.
(4) The key or keys to areas are to be under the control or in the possession of the pharmacist on duty or the proprietor of the pharmacy.
(d) Burglaries and damage to the pharmacy or its contents by fire, flood, or other causes shall be reported immediately to the Mayor. Neither drugs nor other merchandise shall be dispensed, sold, held for sale, or given away in any pharmacy damaged by fire, flood, or other causes until the Mayor has determined that the merchandise is not adulterated or otherwise unfit for sale, use, or consumption. Damaged premises shall be inspected by the Mayor to determine their continued suitability for pharmacy operations.
§ 47–2885.10. Denial, suspension, or revocation of pharmacy license.
(a) The Mayor may refuse the issuance or renewal, or may revoke, or may suspend for not more than 90 days, a license issued pursuant to this part for any 1 or a combination of the following reasons:
(1) Conviction of an offense that is directly related to the occupation for which the license is held, pursuant to a determination made under § 47-2853.17(c-1)(2), or a finding by the Mayor that any provision of this part has been violated;
(2) Furnishing false or misleading information to the Mayor, or failing to furnish information requested by the Mayor, or refusing to allow an inspection in accordance with this section and § 47-2885.16; or
(3) Selling, or offering for sale, adulterated or misbranded drugs or devices.
(b) The Mayor shall forthwith suspend a license issued pursuant to this part whenever the Mayor finds that the failure of a pharmacy to comply with any provision of this part or with any District of Columbia or federal law or regulation applicable to such pharmacy is of such a serious nature and magnitude that an imminent danger to the health or safety of the public is presented. In such a case, if a hearing is requested, such request or hearing shall not serve to stay the issuance of an order suspending the license.
§ 47–2885.11. Pharmacy personnel.
(a)(1) No personnel working in any capacity, the activities of which include contact with any merchandise or drugs in a pharmacy or the care of dispensing, manufacturing, or storage facilities, who is affected by, or believed by the Mayor, upon reasonable grounds to be affected by, a communicable disease and no person who is or is believed by the Mayor, upon reasonable grounds, to be a carrier of a communicable disease shall actively engage in any work in a pharmacy.
(2) No proprietor of any pharmacy or manager of any pharmacy shall intentionally permit any person who is, or is believed by the Mayor, upon reasonable grounds, to be, a carrier of a communicable disease to engage or continue to be engaged in any work in the pharmacy.
(b) No person shall work in any capacity in a pharmacy if he or she:
(1) Has the following conditions: boils, infectious wounds, sores, or an acute respiratory infection;
(2) Is wearing unclean garments;
(3) Is a chronic alcoholic as that term is defined in § 24-602; or
(4) Does not follow hygienic work practices, including the washing of hands thoroughly before commencing work and as often as is necessary thereafter to remove soil and contamination.
§ 47–2885.12. Bulk sales or transfers.
(a)(1) Bulk sales or transfers of drugs or medical devices shall not be made unless the Mayor is notified prior to the proposed transaction and the Mayor finds that the drugs or medical devices are fit for the use for which they were originally intended. For the purposes of this section, the term “bulk sales or transfers” shall mean the sale or transfer of the entire inventory, or any substantial part thereof, in any 1 transaction or in any merchandising effort referred to as an “auction sale,” a “bankruptcy sale,” “distress sale,” or a “closing-out sale”; but the term “bulk sales or transfers” shall not include transfers between stores having common ownership.
(2) A sale of merchandise to a single customer having a value of $500 or more in any 1-week period shall be considered the sale of a substantial part of the inventory and as 1 transaction unless the sale constitutes the filling of a prescription, or results from a cooperative buying order. If drugs are acquired by such transactions in other jurisdictions, the Mayor shall be notified, and the drugs shall be officially inspected and released by the Mayor prior to sale or other disposition in the District. Bulk quantities of drugs may be transferred only to persons legally entitled to sell or dispense the drugs.
(b) This section supplements and does not replace Chapter 21 of this title.
§ 47–2885.13. Deteriorating drugs; sample drugs; returned drugs.
(a) Drugs which may deteriorate shall at all times be stored under conditions specified on the label of the original container and in accordance with applicable District of Columbia or federal laws or regulations, and shall not be sold or dispensed after the expiration date designated on the label of the original container, and in accordance with applicable District of Columbia or federal laws or regulations.
(b) Drugs designated “sample” shall not be sold.
(c) A drug which has been returned after leaving the pharmacy shall not be placed in stock for reuse or resale, except manufacturer packaged unit dose or unit of use drugs which have been unopened and unaltered.
§ 47–2885.14. Labeling of prescriptions.
(a) All drugs shall be dispensed in a suitable container appropriately labeled for subsequent administration to or use by an individual entitled to the drug. Any drug dispensed, except to inpatients of a licensed hospital, shall include on the label of the container the name of the drug and the strength of the drug when applicable, unless otherwise directed by the prescribing practitioner, and the name, address and telephone number of the pharmacy filling the prescription, the prescription number, the date of issuance and the name of the prescriber, directions for use, the name of the individual for whom the prescription is written, and other information and labeling which may be required by any District of Columbia or federal laws or regulations.
(b) If the drug contains, or is derived from opium, a label shall be affixed to the container in which such opioid medication is sold or dispensed stating that the drug is an opioid and that with opioids there is a risk of overdose and addiction.
§ 47–2885.15. Records.
(a) There shall be maintained in every pharmacy, or in the establishment or institution where a pharmacy is located, a suitable book, file, or other easily retrievable record, in which shall be preserved for a period of not less than 2 years every prescription compounded or dispensed at said pharmacy.
(b)(1) There shall be maintained a bound volume recording the information required by law or regulation concerning the over-the-counter sales of those drugs which are listed in schedule V established or amended pursuant to the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. § 801 et seq.).
(2) There shall also be maintained a bound volume in which shall be entered similar information concerning each sale of:
(A) Hypodermic syringes, needles, or other medical devices which may be used in the administration of controlled substances;
(B) Gelatin capsules and glassine envelopes in quantities sufficient to indicate an intention to use such items in the distribution of controlled substances; and
(C) Diluents or adulterants, such as lactose or quinine, in quantities sufficient to indicate an intention to use such substances for the illegal distribution or dispensing of any controlled substance.
(c) The records required to be maintained by this section shall be available for inspection by the Mayor during regular business hours.
§ 47–2885.16. Inspections.
(a) Persons designated by the Mayor shall be permitted, after presenting proper identification, to enter at reasonable times any pharmacy or drug outlet for the purpose of making inspections to determine compliance with this part or with other laws or regulations applicable to the practice of pharmacy. Persons designated by the Mayor shall be pharmacists for the purpose of making inspections to determine compliance with those sections of this part and other applicable laws and regulations regarding the practice of pharmacy as defined within this part.
(b) This inspection may include, but shall not be limited to, the examination of the pharmacy’s records, including prescriptions, and the obtaining of information and samples pertaining to drugs on hand or dispensed.
§ 47–2885.17. Peddling drugs prohibited.
It shall be unlawful for any person to sell or offer for sale by peddling, or to offer for sale from house to house, or to offer for sale by public outcry, or by vending in the street, any drug, medicine, chemical, or controlled substance as defined in the District of Columbia Uniform Controlled Substances Act of 1981, or any compound or combination thereof, or any implement, appliance, or other agency for the treatment of disease, injury, or deformity; except, as may be otherwise authorized by law, no person shall throw, cast, deposit, drop, scatter, or leave, or cause to be thrown, cast, deposited, dropped, scattered, or left, any drug, medicine, chemical, or controlled substance as defined in the District of Columbia Uniform Controlled Substances Act of 1981, or any compound or combination thereof, upon any public highway or place, or, without the consent of the owner or occupant thereof, upon any premises in the District of Columbia. An offer for sale by peddling includes remaining or wandering about a public place and:
(1) Repeatedly beckoning to, repeatedly stopping, repeatedly attempting to stop, or repeatedly attempting to engage passers-by in conversation;
(2) Repeatedly stopping or attempting to stop motor vehicles; or
(3) Repeatedly interfering with the free passage of other persons for the purpose of selling any controlled substance proscribed by the District of Columbia Uniform Controlled Substances Act of 1981.
§ 47–2885.17a. Public place defined.
For the purposes of § 47-2885.17, the term “public place” means any street, sidewalk, bridge, alley, plaza, park, driveway, parking lot, transportation facility, or the doorways and entrance ways to any building which fronts on any of these locations, or a motor vehicle in or on any such place.
§ 47–2885.18. Duties of Mayor.
(a) The Mayor shall:
(1) Administer and enforce the provisions of this part;
(2) Repealed;
(3) Adopt and publish such regulations as may be necessary for the implementation of this part, including, but not limited to, regulations concerning the following:
(A)-(C)Repealed;
(D) The establishment of various classifications of pharmacies, including, but not limited to, retail, institutional, radio, or nuclear pharmacies;
(E)-(G)Repealed;
(H) Establishment of minimum standards for the operation of pharmacies, including the minimum requirements for technical equipment and professional reference materials;
(I) The safe and proper storage, and maintenance of drugs, and the disposal of drugs;
(J) The requirements to assure that pharmacies shall be clean, in good repair, well ventilated and illuminated, and equipped with the necessary dispensing facilities, and adequate facilities for the purposes of cleansing hands, equipment and utensils, and the premises therein; such facilities may be located in areas adjacent to the pharmacy where only part of an establishment or institution is used as the pharmacy; and
(K) The establishment of regulations covering the storage and dispensing of radiopharmaceuticals.
(b) Repealed.
§ 47–2885.19. Fees.
(a) The initial fees shall be as follows: (1) Repealed; (2) pharmacy license, $85; (3) every person who sells over-the-counter preparations shall pay an annual license fee of $52. The fees referred to in this subsection shall be established in such amounts as will, in the judgment of the Mayor, approximate the costs to the District of Columbia government for administering this part. The Mayor is authorized to change the fees from time to time for any services rendered under this part; provided, that, the Mayor gives 30 days notice prior to changing such fees.
(b) The Mayor is authorized after 30 days notice to establish and to change, as may be necessary, the expiration dates of licenses and registrations provided for in this part. Upon the change of an expiration date, the renewal fee for the licenses, or registrations, shall be prorated on the basis of the time covered.
§ 47–2885.20. Penalties; prosecutions; injunction.
(a) Any person who violates any provision of this part shall be guilty of a misdemeanor and shall be punished by a fine of not more than the amount set forth in [§ 22-3571.01] or by imprisonment for not more than 6 months or both for each violation.
(b) Prosecutions for violations of any provision of this part shall be conducted in the Superior Court of the District of Columbia, by the Attorney General for the District of Columbia. It shall be sufficient to prove in any prosecution or hearing under this part only a single act prohibited by law or a single holding out, or any attempt thereof, without proving a general course of conduct in order to constitute a violation.
(c) In addition to the remedy set forth in this section, application may be made to a court having competent jurisdiction over the parties and subject matter for a writ of injunction or other civil remedy to restrain violations of the provisions of this part. Such application may be made by the Attorney General for the District of Columbia.
(d) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this part, or any rules or regulations issued under the authority of this part, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2.
§ 47–2885.21. Review.
Any person aggrieved by an adverse action of the Mayor may file a request for a hearing with the Office of Administrative Hearings. The Office of Administrative Hearings shall provide the aggrieved person with an opportunity for a hearing and shall sustain, modify, or vacate such action by the Mayor as is appropriate in the case. Judicial review of the decision of the Office of Administrative Hearings shall be in accordance with [§ 2-1831.16].
§ 47–2885.22. Severability.
If any provision of this part is for any reason held invalid by any court of competent jurisdiction, the provision shall be deemed a separate, distinct, and independent provision, and its invalidity shall not affect the validity of the remaining provisions.
§ 47–2885.23. Effect of part on prior regulations.
The provisions of this part supplement all other regulations and laws applicable in the District of Columbia. Regulations heretofore in effect in the District of Columbia which are inconsistent with the provisions of this part are hereby superseded with respect to matters covered by this part.
Part D. Professional Engineers. [Repealed]
§ 47–2886.01. Short title. [Repealed]
[Repealed].
§ 47–2886.02. Definitions. [Repealed]
[Repealed].
§ 47–2886.03. Declaration of policy. [Repealed]
[Repealed].
§ 47–2886.04. Practice of engineering without registration prohibited. [Repealed]
[Repealed].
§ 47–2886.05. District of Columbia Board of Registration for Professional Engineers — Created; duty; composition; appointment; qualifications; term of office; oath of office; removal; vacancies. [Repealed]
[Repealed].
§ 47–2886.06. District of Columbia Board of Registration for Professional Engineers — Compensation. [Repealed]
[Repealed].
§ 47–2886.07. District of Columbia Board of Registration for Professional Engineers — Meetings; officers; quorum. [Repealed]
[Repealed].
§ 47–2886.08. District of Columbia Board of Registration for Professional Engineers—Powers. [Repealed]
[Repealed].
§ 47–2886.09. District of Columbia Board of Registration for Professional Engineers— Complaints; hearings; appeals. [Repealed]
[Repealed].
§ 47–2886.10. Exemptions from part. [Repealed]
[Repealed].
§ 47–2886.11. Seal of registrant. [Repealed]
[Repealed].
§ 47–2886.12. Display of certificate of registration. [Repealed]
[Repealed].
§ 47–2886.13. Fees; Professional Engineers’ Fund; expenses of Board; audit. [Repealed]
[Repealed].
§ 47–2886.14. Unlawful acts. [Repealed]
[Repealed].
§ 47–2886.15. Prosecutions; legal services to Board; investigations; injunctions. [Repealed]
[Repealed].
§ 47–2886.16. Annual report. [Repealed]
[Repealed].
§ 47–2886.17. Severability. [Repealed]
[Repealed].
§ 47–2886.18. Conflicting laws and regulations repealed. [Repealed]
[Repealed].
Part E. Athlete Agents.
§ 47–2887.01. Definitions.
For the purposes of this part, the term:
(1) “Agency contract” means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract.
(2) "Athlete agent":
(A) Means an individual, whether or not registered under this part, who:
(i) Directly or indirectly recruits or solicits a student-athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student-athlete as a professional athlete or member of a professional sports team or organization;
(ii) For compensation or in anticipation of compensation related to a student-athlete's participation in athletics:
(I) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or
(II) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or
(iii) In anticipation of representing a student-athlete for a purpose related to the athlete's participation in athletics:
(I) Gives consideration to the student-athlete or another person;
(II) Serves the student-athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or
(III) Manages the business affairs of the student-athlete by providing assistance with bills, payments, contracts, or taxes.
(B) Does not include an individual who:
(i) Acts solely on behalf of a professional sports team or organization; or
(ii) Is a licensed, registered, or certified professional and offers or provides services to a student-athlete customarily provided by members of the profession, unless the individual:
(I) Recruits or solicits the student-athlete to enter into an agency contract;
(II) For compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the student-athlete as a professional athlete or member of a professional sports team or organization; or
(III) Receives consideration for providing the services calculated using a different method than for an individual who is not a student-athlete.
(3) “Athletic director” means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate.
(4) “Contact” means a communication, direct or indirect, between an athlete agent and a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract.
(4A) "Educational institution" includes a public or private elementary school, secondary school, technical or vocational school, community college, college, or university.
(5) “Endorsement contract” means an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance.
(5A) "Enrolled" or "enrolls" means registered for courses and attending athletic practice or class.
(6) “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics.
(6A) "Interscholastic sport" means a sport played between educational institutions that are not community colleges, colleges, or universities.
(6B) "Licensed, registered, or certified professional" means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession, other than that of athlete agent, who is licensed, registered, or certified by the District or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing.
(6C) "Mayor" includes the Mayor's delegee.
(7) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.
(8) Professional-sports-services-contract" means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization.
(9) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(9A) "Recruit or solicit" means to attempt to influence the choice of an athlete agent by a student-athlete or, if the student-athlete is a minor, the choice by a parent or guardian of the student-athlete. The term does not include giving advice on the selection of a particular agent in a family, coaching, or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent.
(10) “Registration” means registration as an athlete agent pursuant to this part.
(10A) "Sign" means, with present intent to authenticate or adopt a record, to:
(A) Execute or adopt a tangible symbol; or
(B) Attach to or logically associate with the record an electronic symbol, sound, or process.
(11) “State” means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(12) "Student-athlete" means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport.
§ 47–2887.02. Service of process; subpoenas.
(a) By acting as an athlete agent in the District of Columbia, a nonresident individual appoints the Mayor as the individual’s agent for service of process in any civil action in the District of Columbia related to the individual’s acting as an athlete agent in the District of Columbia.
(b) The Mayor may issue subpoenas for any material that is relevant to the administration of this part.
§ 47–2887.03. Athlete agents: registration required; void contracts.
(a) Except as otherwise provided in subsection (b) of this section, an individual may not act as an athlete agent in the District of Columbia without holding a certificate of registration under § 47-2887.05 or § 47-2887.07.
(b) Before being issued a certificate of registration, an individual may act as an athlete agent in the District of Columbia for all purposes except signing an agency contract, if:
(1) A student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and
(2) Within 7 days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in the District of Columbia.
(c) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract.
§ 47–2887.04. Registration as athlete agent; application; requirements; reciprocal registration.
(a) An applicant for registration as an athlete agent shall submit an application for registration to the Mayor in a form prescribed by the Mayor. The applicant must be an individual, and the application shall be signed by the applicant under penalty of perjury. The application must contain at least the following:
(1) The applicant's:
(A) Legal name and other names used;
(B) Date and place of birth;
(C) Contact information, including:
(i) Address for the applicant's principal place of business;
(ii) Work and mobile telephone numbers;
(iii) Any means the applicant uses to communicate electronically, including a facsimile number, electronic-mail address, and personal and business or employer websites;
(2) The name of the applicant's business or employer, if applicable, including for each business or employer, its mailing address, telephone number, organizational form, and the nature of the business;
(3) Each social-media account with which the applicant or the applicant's business or employer is affiliated;
(4) Each business or occupation in which the applicant engaged within the 5 years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time;
(5) A description of the applicant's:
(A) Formal training as an athlete agent;
(B) Practical experience as an athlete agent; and
(C) Educational background relating to the applicant's activities as an athlete agent;
(6) The name of each student-athlete for whom the applicant acted as an athlete agent within 5 years before the date of the application or, if the individual is a minor, the name of the parent or guardian of the minor, together with the student-athlete's sport and last-known team;
(7) The name and address of each person that:
(A) Is a partner, member, officer, manager, associate, or profit sharer or directly or indirectly holds an equity interest of 5% or greater of the athlete agent's business if it is not a corporation; and
(B) Is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of 5% percent or greater in the corporation;
(8) A description of the status of any application by the applicant, or any person named under paragraph (7) of this subsection, for a State or federal business, professional, or occupational license, other than as an athlete-agent, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license;
(9) Whether the applicant, or any person named under paragraph (7) of this subsection, has pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in the District and, if so, identification of:
(A) The crime;
(B) The law-enforcement agency involved; and
(C) If applicable, the date of the conviction and the fine or penalty imposed;
(10) Whether, within 15 years before the date of application, the applicant, or any person named under paragraph (7) of this subsection, has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding;
(11) Whether the applicant, or any person named under paragraph (7) of this subsection, has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of the application;
(12) Whether, within 10 years before the date of application, the applicant, or any person named under paragraph (7) of this subsection, was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt;
(13) Whether there has been any administrative or judicial determination that the applicant, or any person named under paragraph (7) of this subsection, made a false, misleading, deceptive, or fraudulent representation;
(14) Each instance in which conduct of the applicant, or any person named under paragraph (7) of this subsection, resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student-athlete or a sanction on an educational institution;
(15) Each sanction, suspension, or disciplinary action taken against the applicant, or any person named under paragraph (7) of this subsection, arising out of occupational or professional conduct;
(16) Whether there has been a denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any person named under paragraph (7) of this subsection, as an athlete agent in any State;
(17) Each State in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent;
(18) If the applicant is certified or registered by a professional league or players association:
(A) The name of the league or association;
(B) The date of certification or registration, and the date of expiration of the certification or registration, if any; and
(C) If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and
(19) Any additional information required by the Mayor.
(b) Instead of proceeding under subsection (a) of this section, an individual registered as an athlete agent in another State may apply for registration as an athlete agent in the District by submitting to the Mayor:
(1) A copy of the application for registration in the other State;
(2) A statement that identifies any material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury; and
(3) A copy of the certificate of registration from the other State.
(c) Except as provided in § 47-2887.05(b), the Mayor shall issue a certificate of registration to an individual who applies for registration under subsection (b) of this section if the Mayor determines:
(1) The application and registration requirements of the other State are substantially similar to or more restrictive than this part; and
(2) The applicant's registration in another State has not been revoked or suspended and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any other State.
(d) For purposes of implementing subsection (c) of this section, the Mayor shall:
(1) Cooperate with national organizations concerned with athlete agent issues and agencies in other States that register athlete agents to develop a common registration form and determine which States have laws that are substantially similar to or more restrictive than this part; and
(2) Exchange information, including information related to actions taken against registered athlete agents or their registrations, with the national organizations and State agencies identified in paragraph (1) of this subsection.
§ 47–2887.05. Certificate of registration; issuance or denial; renewal.
(a) Except as otherwise provided in subsection (b) of this section, the Mayor shall issue a certificate of registration to an individual who complies with § 47-2887.04(a) or whose application has been accepted under § 47-2887.04(b).
(b) The Mayor may refuse to issue a certificate of registration if the Mayor determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant’s fitness to act as an athlete agent. In making the determination, the Mayor may consider whether the applicant has:
(1) Been convicted of an offense that is directly related to the occupation for which the registration is sought, pursuant to a determination made under § 47-2853.17(c-1)(2);
(2) Made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent;
(3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity;
(4) Engaged in conduct prohibited by § 47-2887.13;
(5) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any State;
(5A) Been refused renewal of registration as an athlete agent in any State;
(6) Engaged in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student-athlete or educational institution; or
(7) Engaged in conduct that significantly adversely reflects on the applicant’s credibility, honesty, or integrity.
(c) Except as otherwise provided in § 47-2853.17(c-1)(2), in making a determination under subsection (b) of this section, the Mayor shall consider:
(1) How recently the conduct occurred;
(2) The nature of the conduct and the context in which it occurred; and
(3) Any other relevant conduct of the applicant.
(d) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the Mayor. An application filed under this section is a public record. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required in an original registration.
(e) An athlete agent registered under § 47-2887.04(c) may renew the registration by proceeding under subsection (d) of this section or, if the registration in the other State has been renewed, by submitting to the Mayor copies of the application for renewal in the other State and the renewed registration from the other State. The Mayor shall renew the registration if the Mayor determines:
(1) The registration requirements of the other State are substantially similar to or more restrictive than this part; and
(2) The renewed registration has not been suspended or revoked and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any State.
(f) A certificate of registration or a renewal of a registration is valid for 2 years.
§ 47–2887.06. Suspension, revocation, or refusal to renew registration.
(a) The Mayor may limit, suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under § 47-2887.05(b).
(b) The Mayor may limit, deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing. Chapter 5 of Title 2 applies to this part.
§ 47–2887.07. Temporary registration.
The Mayor may issue a temporary certificate of registration while an application for registration or renewal of registration is pending.
§ 47–2887.08. Registration and renewal fees.
(a) An application for registration or renewal of registration must be accompanied by a fee established pursuant to subsection (b) of this section.
(b) The Mayor shall, by rule, establish reasonable fees for:
(1) An initial application for registration;
(2) An application for registration based upon a certificate of registration or licensure issued by another State;
(3) An application for renewal of registration; and
(4) An application for renewal of registration based upon an application for renewal of registration or licensure submitted in another State.
§ 47–2887.09. Required form of agency contract.
(a) An agency contract must be in a record signed by the parties.
(b) An agency contract must state or contain:
(1) The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services;
(1A) A statement that the athlete agent is registered as an athlete agent in the District and a list of any other States in which the person is registered as an athlete agent;
(2) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the agency contract;
(3) A description of any expenses that the student-athlete agrees to reimburse;
(4) A description of the services to be provided to the student-athlete;
(5) The duration of the contract; and
(6) The date of execution.
(c) Subject to subsection (f) of this section, an agency contract must contain a conspicuous notice in boldface type and in substantially the following form:
"WARNING TO STUDENT-ATHLETE.
"IF YOU SIGN THIS CONTRACT:
"(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT- ATHLETE IN YOUR SPORT;
"(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND
"(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT-ATHLETE IN YOUR SPORT."
(c-1) An agency contract must be accompanied by a separate record signed by the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete, acknowledging that signing the contract may result in the loss of the student-athlete's eligibility to participate in the student-athlete's sport.
(d) A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned.
(e) At the time an agency contract is executed, the athlete agent shall give the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete a copy in a record of the contract and the separate acknowledgement required by subsection (c-1) of this section.
(f) If a student-athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by subsection (c) of this section must be revised accordingly.
§ 47–2887.10. Notice to educational institution.
(a) Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or at which the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.
(b) Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that the student-athlete has entered into an agency contract and the name and contact information of the athlete agent.
(c) If an athlete agent enters into an agency contract with a student-athlete and the student-athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than 72 hours after the agent knew or should have known that the student-athlete enrolled in the educational institution.
(d) If an athlete agent has a relationship with a student-athlete before the student-athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the institution of the relationship not later than 10 days after the enrollment if the agent knows or should have known of the enrollment and:
(1) The relationship was motivated in whole or part by the intention of the agent to recruit or solicit the student-athlete to enter an agency contract in the future; or
(2) The agent directly or indirectly recruited or solicited the student-athlete to enter an agency contract before the enrollment.
(e) An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student-athlete is enrolled before the agent communicates or attempts to communicate with:
(1) The student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete, to influence the student-athlete or parent or guardian of the student-athlete to enter into an agency contract; or
(2) Another individual to have that individual influence the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete, to enter into an agency contract.
(f) If a communication or attempt to communicate with an athlete agent is initiated by a student-athlete or another individual on behalf of the student-athlete, the agent shall notify, in a record, the athletic director of any educational institution at which the student-athlete is enrolled. The notification must be made not later than 10 days after the communication or attempt.
(g) An educational institution that becomes aware of a violation of this part by an athlete agent shall notify the following entities of the violation:
(1) The Mayor; and
(2) Any professional league or players association with which the athlete agent is licensed or registered, to the extent the educational institution is aware of such affiliations.
(h) For the purposes of this section, the term "communicates or attempts to communicate" means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message.
§ 47–2887.11. Student-athlete's right to cancel.
(a) A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent within 14 days after the contract is signed.
(b) A student-athlete or, if the student-athlete is a minor, the parent or guardian of the athlete, may not waive the right to cancel an agency contract.
(c) If a student-athlete, parent, or guardian cancels an agency contract, the student-athlete, parent, or guardian is not required to pay any consideration under the contract or return any consideration received from the athlete agent to influence the student-athlete, parent, or guardian to enter into the contract.
§ 47–2887.12. Required records.
(a) An athlete agent shall retain the following records for a period of 5 years:
(1) The name and address of each individual represented by the athlete agent;
(2) Any agency contract entered into by the athlete agent; and
(3) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.
(b) Records required by subsection (a) of this section to be retained are open to inspection by the Mayor during normal business hours.
§ 47–2887.13. Prohibited conduct.
An athlete agent may not intentionally:
(1) Give a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the student-athlete, parent, or guardian to enter into an agency contract;
(2) Furnish anything of value to a student-athlete or another individual, if to do so may result in loss of the student-athlete's eligibility to participate in the student-athlete's sport, unless:
(A) The agent notifies the athletic director of the educational institution at which the student-athlete is enrolled or at which the agent has reasonable grounds to believe the student-athlete intends to enroll, not later than 72 hours after giving the thing of value; and
(B) The student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete acknowledges to the agent in a record that receipt of the thing of value may result in loss of the student-athlete's eligibility to participate in the athlete's sport;
(3) Initiate contact, directly or indirectly, with a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete to recruit or solicit the student-athlete, parent, or guardian to enter an agency contract unless the athlete agent is registered under this part;
(4) Fail to create, retain, or permit inspection of the records required by § 47-2887.12;
(5) Fail to register when required by § 47-2887.03;
(6) Provide materially false or misleading information in an application for registration or renewal of registration;
(7) Predate or postdate an agency contract;
(8) Fail to notify a student-athlete or, if the athlete is a minor, a parent or guardian of the student-athlete before the student-athlete, parent, or guardian signs an agency contract for a particular sport that the signing may result in loss of the student-athlete's eligibility to participate in the student-athlete's sport;
(9) Encourage another individual to do any of the acts described in paragraphs (1) through (8) of this subsection on behalf of the athlete agent; or
(10) Encourage another individual to assist any other individual in doing any of the acts described in paragraphs (1) through (8) of this subsection on behalf of the athlete agent.
§ 47–2887.14. Criminal penalties; prosecution by Attorney General.
An athlete agent who violates § 47-2887.13 is guilty of a misdemeanor and, upon conviction, is punishable by not more than the amount set forth in [§ 22-3571.01] or imprisonment of 6 months, or both. Violations shall be prosecuted by the Attorney General for the District of Columbia in the name of the District of Columbia.
§ 47–2887.15. Civil remedies.
(a) An educational institution or student-athlete may bring an action for damages against an athlete agent if the institution or student-athlete is adversely affected by an act or omission of the athlete agent in violation of this part. An educational institution or student-athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student-athlete at the time of the act or omission and enrolled in the institution:
(1) Is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a State or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or
(2) Suffers financial damage.
(b) A plaintiff that prevails in an action under this section may recover actual damages, costs, and reasonable attorney's fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student-athlete and shall refund any consideration paid to the agent by or on behalf of the student-athlete.
§ 47–2887.16. Civil penalty.
The Mayor may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of this part.
§ 47–2887.16a. Rules.
The Mayor may issue rules pursuant to § 2-501 et seq. to carry out the provisions of this part.
§ 47–2887.17. Uniformity of application and construction.
In applying and construing this uniform part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ 47–2887.18. Relation to Electronic Signatures in Global and National Commerce Act.
This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 467; 5 U.S.C. § 7002) ("Act"), but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. § 7003(b).
Part F. Veterinary Facility.
§ 47–2888.01. Definitions.
For the purposes of this part the term:
(1) “Animal shelter” means a private or government-owned facility established for the impoundment of stray, diseased, dangerous, sick, injured, abused, neglected, unwanted, abandoned, orphaned, lost, or otherwise displaced animals, with the intent to care for, quarantine, return to an owner, adopt out, or euthanize the animals.
(2) “Veterinary facility” means a fixed or mobile establishment where the practice of veterinary medicine is conducted. The term “veterinary facility” shall not include an establishment that is an animal shelter or a wildlife rehabilitation facility.
(3) “Wildlife rehabilitation facility” means a location where a licensed wildlife rehabilitator treats and provides temporary care of injured, diseased, orphaned, or displaced indigenous wild animals and provides for their subsequent release into appropriate habitats. A wildlife rehabilitation facility may be an individual’s home, a triage location, or a facility dedicated to wildlife rehabilitation.
§ 47–2888.02. General prohibitions.
(a) It shall be unlawful for any person to own, operate, maintain, open, or establish a veterinary facility within the District without first having obtained a license from the Mayor.
(b) It shall be unlawful for any person other than a veterinarian licensed in the District to hold a license for a veterinary facility.
(c) This section shall not apply to a facility or agency operated by the federal government or the District.
§ 47–2888.03. Veterinary facility license, fees.
(a) The application for a veterinary facility license shall be made on a form to be prescribed by the Mayor and shall be accompanied by the required fee. Each application shall list each certificate of approval, authority, occupancy, and any other prerequisite required as a precondition for operation of a veterinary facility.
(b) A license shall be valid for a period of one year and shall be limited to the premises or the vehicle stated on the license. A license may be renewed for additional one-year periods upon payment of the appropriate fee.
(c) A license issued under this section shall be posted in a conspicuous place on the premises. A mobile facility license shall be posted in a conspicuous place on the vehicle.
(d) The Mayor may issue a license that clearly specifies the scope of the facility’s operation. The specifications shall not confer or denote an area of specialty by the veterinary facility or by the holder of the license. The Mayor shall determine the terms and restrictions that apply to the specifications by rulemaking.
(e) The initial fees shall be as follows:
(1) Original veterinary facility license, $195; and
(2) Renewal of veterinary facility license, $170.
(f) The Mayor may periodically adjust the fees by publishing notice in the District of Columbia Register 30 days before changing the fees.
§ 47–2888.04. Denial, suspension, or revocation of veterinary facility license.
(a) The Mayor may deny issuance or renewal of or suspend or revoke a license issued pursuant to this part for any one of a combination of the following reasons:
(1) Conviction of an offense that is directly related to the occupation for which the license is sought or held, pursuant to a determination made under § 47-2853.17(c-1)(2);
(2) A finding, after notice and an opportunity for a hearing, that any person named on an application has violated this part or any rules issued pursuant to this part;
(3) A finding by the Mayor that any provision of this part has been violated; or
(4) Furnishing false or misleading information to the Mayor, failing to furnish information required by the Mayor, or refusing to allow an inspection in accordance with § 47-2888.05.
(b) The Mayor shall summarily suspend a license issued pursuant to this part whenever the Mayor finds that a veterinary facility’s failure to comply with a provision of this part or with any District or federal law or regulation applicable to the facility is of such a serious nature and magnitude that it presents an imminent danger to the health or safety of a person or animal. The Mayor shall impound any animals remaining at the facility without an owner present and shall care for those animals until they can be restored to their owners or adopted. The licensee shall be responsible for all costs incurred by the impoundment, care, restoration, or adoption of the impounded animals. The Mayor shall provide the licensee with written notice that states the action being taken, the basis of the action, and the right of the licensee to request a hearing within 5 days. The Mayor shall hold a hearing within 5 days of receiving a timely request, and shall issue a written decision, including findings of fact and conclusions of law, within 5 days of the conclusion of the hearing. The Mayor shall provide a copy of the decision to each party by mailing a copy to the licensee and the licensee’s counsel of record. A request for a hearing shall not act to stay the suspension pending the outcome of the hearing.
§ 47–2888.05. Inspections.
(a) A person designated by the Mayor is authorized, after presenting proper identification, to enter at reasonable times any veterinary facility for the purpose of making inspections to determine compliance with this part or other laws or regulations regarding the practice of veterinary medicine.
(b) An inspection may include:
(1) Examining and copying records; and
(2) Examining operating equipment, systems, and components to determine the sanitary and safety conditions at a facility.
(c) The Mayor may issue subpoenas to obtain records.
§ 47–2888.06. Animal licenses.
A licensed veterinarian may issue animal licenses. The veterinarian shall collect the required fees and may collect an additional $2 for each license issued as reimbursement for administrative costs.
§ 47–2888.07. Penalties.
(a) Any person who violates any provision of this part, or rules promulgated pursuant to this part, that results in physical harm to an animal shall be subject to a fine for each offense of not more than $10,000, imprisonment for not more than 90 days, or both. Each day of violation shall constitute a separate offense, and the penalties prescribed herein shall apply to each offense; provided, that the total fine shall not exceed $100,000 and the aggregate imprisonment term shall not exceed 6 months.
(b) Any person who intentionally impedes a District employee in the performance of his or her official duties shall be subject to a fine for each offense of not more than $1,000, imprisonment for not more than 90 days, or both.
(c) Any person who knowingly notifies a licensee or employee of a licensee, directly or indirectly, that an unannounced inspection will occur shall be subject to a fine of not more than $5,000, imprisonment for not more than 90 days, or both.
(d) Prosecutions for violations of this part shall be brought in the name of the District of Columbia in the Superior Court of the District of Columbia by the Office of the Attorney General for the District of Columbia.
(e) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this part pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this part shall be pursuant to Chapter 18 of Title 2 [§ 2-1801 et seq.].
§ 47–2888.08. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this part.
Part G. College Athlete Name, Image, or Likeness Registration.
§ 47–2889.01. Definitions.
For the purposes of this part, the definitions in [§ 38-1631.01] shall apply.
§ 47–2889.02. Registration as a name, image, or likeness agent; duties; fee arrangements.
(a) A name, image, or likeness agent shall register in the District as an athlete agent under part E of this subchapter before engaging in conduct under this part.
(b) An agreement between a college athlete and a name, image, or likeness agent must have a fee arrangement consistent with the customary practice of the agent's industry and otherwise comply with part E of this subchapter.
§ 47–2889.03. Prohibited conduct by a third party.
A third party may not intentionally:
(1) Give materially false or misleading information or make a materially false promise or representation with the intent to influence a college athlete, parent or guardian of the athlete, or another person to enter into a name, image, or likeness agreement, receive name, image, or likeness compensation, or engage in name, image, or likeness activity;
(2) Provide anything of value to a college athlete or another person except as permitted under this part if to do so may result in loss of the college athlete's eligibility to participate in the athlete's sport; or
(3) Predate or postdate a name, image, or likeness agreement.
§ 47–2889.04. Civil remedy.
(a) An institution or college athlete has a cause of action for damages against a name, image, or likeness agent or third party if the institution or athlete is adversely affected by an act or omission of the agent or third party in violation of this part. An institution or college athlete is adversely affected by an act or omission of the agent or third party only if, because of the act or omission, the institution or college athlete:
(1) Is sanctioned, suspended, or declared ineligible to participate in an intercollegiate sport; or
(2) Suffers financial damage.
(b) A college athlete has a cause of action under this section only if the athlete was a student at an institution at the time of the act or omission.
(c) In an action under this section, a prevailing plaintiff may recover actual damages, reasonable attorney's fees, and court costs.
(d) A violation of this part is a violation of and enforceable under Chapter 39 of Title 28.
§ 47–2889.05. Civil penalty.
The Superior Court of the District of Columbia, pursuant to an action brought by the Attorney General for the District of Columbia, may assess a civil penalty against a name, image, or likeness agent or third party in an amount not to exceed $50,000 for a violation of this part.
§ 47–2889.06. Rulemaking authority.
The Mayor may adopt rules pursuant to § 2-501 et seq., to administer and implement this part.
§ 47–2889.07. Uniformity of application and construction.
In applying and construing this part, a court shall consider the promotion of uniformity of the law among jurisdictions that have enacted it.
§ 47–2889.08. Relation to Electronic Signatures in Global and National Commerce Act.
This [part] modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 467; 15 U.S.C. § 7001 et seq.) ("Act"), but does not modify, limit, or supersede section 101(c) of that Act, (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, (15 U.S.C. § 7003(b)).
