6234595 Library, Public - Notice of Final Rulemaking - Administrative and Judicial Review of Barrings

DISTRICT OF COLUMBIA PUBLIC LIBRARY

 

NOTICE OF FINAL RULEMAKING

 

The District of Columbia Public Library Board of Trustees, pursuant to the authority set forth in An Act to establish and provide for the maintenance of a free public library and reading room in the District of Columbia, approved June 3, 1896, as amended (29 Stat. 244, ch. 315, § 5; D.C. Official Code § 39-105 (2012 Supp.)); Section 3205 (jjj) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 39-105 (2012 Supp.)); Section 2 of the District of Columbia Public Library Board of Trustees Appointment Amendment Act of 1985, effective September 5, 1985 (D.C. Law 6-17; D.C. Official Code § 39-105 (2012 Supp.)); the Procurement Reform Amendment Act of 1996, effective April 12, 1997, as amended (D.C. Law 11-259; 44 DCR 1423 (March 14, 1997)); and Section 156 of An Act Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies programs for the fiscal year ending September 30, 1999, and for other purposes, approved October 21, 1998 (112 Stat. 2681, Pub. L. 105-277; codified at D.C. Official Code § 39-105 (2012 Repl.)); hereby gives notice of the adoption of the following amendment to Chapter 8 (Public Library) of Title 19 (Amusements, Parks, and Recreation) of the District of Columbia Municipal Regulations (DCMR) by adding a new Section 822 (Administrative and Judicial Review of Barrings).

 

The purpose of the amendment is to provide for a judicial review of the administrative review of barring notices and provide a timeline for such review.

 

The Board of Library Trustees, through D.C. Official Code § 39-105(a)(10) (2016 Supp.), designated the Chief Librarian/Executive Director to establish rules and manage the day-to-day operations of the library.  On August 16, 2016, the Executive Director of the District of Columbia Public Library (“DCPL”) approved the adoption of the emergency and proposed regulations.  A Notice of Emergency and Proposed Rulemaking was published in the D.C. Register for a thirty (30) day public comment period on August 26, 2016 at 63 DCR 11002.  There were no comments received during the 30-day comment period.  The wording in this Final Rulemaking was changed to make the language easier to read and understand.  The effect of the rule remains the same. 

 

These rules were adopted as final August 16, 2016 and become effective immediately upon publication of this notice in the D.C. Register.

 

Chapter 8, PUBLIC LIBRARY, of Title 19 DCMR, AMUSEMENTS, PARKS, AND RECREATION, is amended to a new Section 822 as follows:

 

822                  ADMINSTRATIVE AND JUDICIAL REVIEW OF BARRINGS

 

822.1               An individual who receives a Notice of Barring may request an administrative review if the bar is greater than seven (7) days. This request must be made within ten (10) business days of the date on the barring notice. A request for review should be submitted in writing to:

 

Director of Public Safety

Martin Luther King Jr. Memorial Library

901 G Street N.W.

Washington, D.C. 20001  

 

822.2               The Director of Public Safety will issue a final decision on the administrative review of the bar within thirty (30) calendar days. The barred individual may appeal the final decision to the District of Columbia Superior Court’s Civil Division within thirty (30) days of the date of the notice of final decision.