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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 1. MAYOR AND EXECUTIVE AGENCIES |
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Chapter 1-3. RULES OF THE OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES |
Section 1-309. NOTICES OF PROPOSED RULEMAKING
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309.1A Notice of Proposed Rulemaking that is submitted for publication, including rulemakings that give notice of intent to adopt a new rule, amend an existing rule, or repeal an existing rule, shall be filed in accordance with the provisions of this section, and any other applicable provisions of this chapter.
309.2The heading of each proposed rulemaking document shall state, in bold type and upper case print, the name of the agency promulgating the proposed rule and the phrase “NOTICE OF PROPOSED RULEMAKING.” Second, third, or fourth publication of the same Proposed Rulemaking shall be titled “Notice of (Second) Proposed Rulemaking”, etc.
309.3The text of the proposed rule(s) shall be preceded by a notice that shall contain the following:
(a)The name of the promulgating official or body authorized to issue the rule(s), citation to the Act, law or Mayor’s Order, authorizing the agency to promulgate the rule(s) in the Notice of Proposed Rulemaking;
(b)A citation to the rule(s) being amended or repealed or the proposed citation of the new rule(s);
(c)A statement of intent to adopt, amend, or repeal the rule(s) in not less than thirty (30) days from the date of publication of the notice in the District of Columbia Register. A longer period may be stated if required by law or adopted by the agency;
(d)A brief description and title of the proposed rule(s), including the purpose of the Proposed Rulemaking or why it is being amended; and
(e)If the Notice of Proposed Rulemaking is being re-published, pursuant to § 310.5, a citation to the previous Notice(s) of Proposed Rulemaking published in the District of Columbia Register.
309.4The text of the proposed rule(s) shall be followed by a notice that indicates the following:
(a)The manner in which public comments will be received, including an email address, telephone number, and other pertinent information;
(b)The manner in which a copy of the proposed rule(s) may be obtained, upon request, including a requirement for payment of a reasonable fee, if applicable; and
(c)The date the comment period begins, unless otherwise specified, the date of publication of a proposed rule, generally thirty (30) days.
309.5In the event there are substantive changes to a Notice of Proposed Rulemaking, the rulemaking must be republished in full as a proposed rulemaking for a length of time determined by the Administrator, but in no case fewer than seven (7) days, and shall include the information required in § 309.4.
309.6If the last day of the comment period falls on a Saturday, Sunday, or legal holiday, the last day is extended to the next business day.
309.7Proposed rules that are re-submitted for publication, pursuant to § 310.5, shall indicate those portions of the text that have been substantially altered by setting forth the previously published text in brackets [....] and underlining the new text that has been altered; provided, that this requirement shall not apply to a Notice of Proposed Rulemaking which completely supersedes a previously published notice, so long as the rules were never adopted. The new notice shall cite the earlier notice and indicate that it has been superseded.