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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 31. TAXICABS AND PUBLIC VEHICLES FOR HIRE |
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Chapter 31-3. [RESERVED] |
Section 31-355. DECLARATORY ORDERS
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355.1Any person may file a petition with the Chairperson for submission to the Panel for a declaratory order with respect to the applicability of any rule, order, or statute enforced or administered by the Chairperson, to remove any uncertainty or ambiguity in the application of the rule, order, or statute, or to terminate a controversy in any case in which a hearing is not required by law for its disposition.
355.2Two (2) or more persons similarly situated may join in a single petition and additional parties may intervene by petition.
355.3Upon receipt of a petition, the Chairperson shall refer the petition to the Panel. The Panel shall determine the advisability of any action to be taken.
355.4The Panel may order a hearing to be held before the Panel or a committee thereof prior to issuance of any order described in § 355.5 or § 355.6.
355.5If the Panel determines that the petition discloses sufficient reasons in support of the requests therein to justify a declaratory order, the Panel shall submit the proposed declaratory order, or a modification thereof, accompanied by the findings of fact upon which the recommended order is based, to the Secretary for review and to the Corporation Counsel for approval.
355.6A petition shall be dismissed with notice to the petitioner stating the grounds for the dismissal, if the Panel finds the following:
(a)The petition involves a hypothetical moot question;
(b)The petitioner has no interest within the meaning of the Administrative Procedure Act in that the legal rights, duties, or privileges of such petitioner will not be substantially affected by the granting or denial of the order requested; or
(c)The petitioner does not intend to pursue a stated course of action in the event of a favorable order by the Panel.
355.7If recommended in a case pending before the Corporation Counsel, a hearing shall be held to determine any material facts not in the record but deemed necessary by the Corporation Counsel for a decision.
355.8Hearings shall be held in the manner prescribed in this chapter insofar as such procedures are applicable.
355.9The Chairperson shall file any declaratory order approved by the Panel and the Corporation Counsel, and a copy of the order shall be delivered to any petitioner whose name appears in the record.