Section 17-1525. DECLARATORY ORDERS

 

1525.1A declaratory order is a District of Columbia agency response to a request by a member of the public who has inquired about the applicability of the Act, these rules, or any other statute enforceable by the Board, to terminate a controversy other than a contested case or to remove uncertainty regarding the application of a rule or statute to a specific factual situation.

 

1525.2The Board may issue a declaratory order to a person who is affected by a statutory provision or rule and who makes a written inquiry regarding the Board's interpretation of any statutory provision or of any regulation or order of the Board.

 

1525.3Sufficient facts must be supplied to the Board in the request to provide the Board with a basis for the issuance of a declaratory order and must include in detail the reasons for uncertainty as to the applicability of the Act, these rules, or other statutes enforceable by the Board or state in detail why a controversy exists.

 

1525.4A request for declaratory ruling must specifically state that it is a request for a declaratory order.

 

1525.5A declaratory order will be provided in accordance with the laws of the District of Columbia.

 

1525.6The Board may decline to issue a declaratory order for any reason permitted by law and any decision by the Board not to issue such an order shall not be subject to review by the Mayor or any court in the District of Columbia.

 

1525.7All facts set out in a request for a declaratory order shall be supported by sworn affidavit of the requestor. If the Board determines that further facts are necessary, it shall request the writer to provide those facts by written affidavit or may receive those facts by stipulation at a non-contested case fact-finding hearing.

 

1525.8Any declaratory order issued by the Board shall be binding on the requestor as regards the state of facts established pursuant to subsection 1525.3. If the requestor is a licensee, failure to adhere to the decision of the Board, as set out in the declaratory order, shall subject the requestor to the issuance of a notice to show cause why he or she should not be disciplined pursuant to D.C. Official Code § 47-2853.17. If the requestor is an applicant for a license and fails to adhere to the decision of the Board, the Board shall take such steps as are necessary and authorized by law to enforce the provisions of its declaratory order.

 

1525.9Any requestor who is aggrieved by a declaratory order or who disagrees with the declaratory order in any respect may appeal the order by petitioning the Board, in writing, within twenty (20) calendar days after issuance of the declaratory order, to reconsider its order, and by setting forth in detail newly discovered facts or by setting forth legal argument which shows one (1) or more errors of law in the Board's order or seeking judicial review of the Board's order as permitted under D.C. Official Code § 2-508.

 

1525.10All declaratory orders of the Board determined to be in the public interest in accordance with D.C. Official Code § 2-552, shall be published in the D.C. Register and shall be available for public inspection and copying at a reasonable charge at the offices of the Board.

 

1525.11Any declaratory order issued by the Board shall set out with particularity the Board's findings of fact and conclusions of law as regards the matter at issue. If the circumstances so warrant, the declaratory order may include an order by the Board to the requestor to cease and desist any practice or activity that violates applicable statutes or this subtitle.

 

source

Final Rulemaking published at 54 DCR 8783 (September 7, 2007).