5158283 Documents, Office of - Notice of Final Rulemaking - Replacing Chapter 3 to amend the publication rules to the District of Columbia Register and the District of Columbia Municipal Regulations
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OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES
NOTICE OF FINAL RULEMAKING
The Administrator of the Office of Documents and Administrative Issuances (“Administrator”), pursuant to the authority set forth in the District of Columbia Documents Act, effective March 6, 1979 (D.C. Law 2-153; D.C. Official Code §§ 2-612 et seq. (2012 Repl.)), hereby gives notice of his intent to adopt an amendment to Chapter 3 (Rules of the Office of Documents and Administrative Issuances) of Title 1 (Mayor and Executive Agencies) of the District of Columbia Municipal Regulations (“DCMR”).
The amendment will delete the existing Chapter 3 (Rules of the Office of Documents and Administrative Issuances) of Title 1 (Mayor and Executive Agencies) of the DCMR and add a new Chapter 3 to conform to the Office’s current operations, including changing the timeline for District agencies to file documents, including rulemakings, for review and publication in the District of Columbia Register. The amendment also makes editorial amendments to enhance readability and consistency within and across chapters.
No comments were received and no changes were made to the Notice of Proposed Rulemaking, published in the D.C. Register on August 22, 2014 at 61 DCR 8773. The Administrator took final rulemaking action on October 8, 2014 and the final rules will be effective upon publication of this notice in the D.C. Register.
Title 1, MAYOR AND EXECUTIVE AGENCIES, of the DCMR is amended as follows:
1 DCMR Chapter 3, RULES OF THE OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES, is deleted in its entirety and replaced with the following new Chapter 3:
CHAPTER 3 RULES OF THE OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES
SECTIONS
300 Office of Documents: General Provisions
301 General Authority of the Administrator of Documents
302 Services to the Public
303 Services to District Government Agencies
304 Agency Representatives
305 District of Columbia Register: Publication Policy
306 Public Schedules and Deadlines
307 Preparation and Filing of Documents
308 Pre‑Publication Review of Documents
309 Notices of Proposed Rulemaking
310 Notices of Final Rulemaking
311 Notices of Emergency Rulemaking
312 District of Columbia Municipal Regulations: Publication Policy
313 District of Columbia Municipal Regulations: Structure and Format
300 OFFICE OF DOCUMENTS: GENERAL PROVISIONS
300.1 The District of Columbia Office of Documents and Administrative Issuances was established as part of the Executive Office of the Mayor on March 6, 1979, by § 2 of the District of Columbia Documents Act, effective March 6, 1979 (D.C. Law 2-153; D.C. Official Code §§ 2-611 et seq. (2012 Repl.)); and by Mayor's Order 88-104, dated April 26, 1988.
300.2 The purpose of this chapter is to set forth the policies and procedures for the implementation of the District of Columbia Documents Act (referred to in this chapter as the “Documents Act”) and applicable provisions of the District of Columbia Administrative Procedure Act (D.C. Official Code §§ 2-501 et seq. (2012 Repl.)) (referred to in this chapter as the “Administrative Procedure Act”).
300.3 The provisions of this chapter are promulgated pursuant to authority set forth in
§ 3(b) of the Documents Act.
300.4 The Administrator of the Office of Documents and Administrative Issuances (referred to in this chapter as the “Administrator”) is appointed by the Mayor and supervised by the Secretary of the District of Columbia, and is vested with the authority to administer the provisions of the Documents Act in accordance with § 2 of the Documents Act.
300.5 The Office of Documents and Administrative Issuances (also referred to in this chapter as the “Office of Documents”) is responsible for the preparation and publication of the legal documents of the District of Columbia government.
300.6 All publications of the Office of Documents will be considered “published” when posted to its website, http://dcregs.dc.gov and to the website of the Office of the Secretary, http://os.dc.gov. The Office of Documents will contemporaneously retain a paper copy of each official electronic publication.
300.7 The online copies of the District of Columbia Register, District of Columbia Municipal Regulations, and Mayor's Administrative Issuances shall be considered the official copies. One paper original of each shall be retained at the Office of Documents and Administrative Issuances, and one copy of the paper original shall be provided to the District of Columbia Archives for permanent storage. A hardcopy of the original District of Columbia Register, District of Columbia Municipal Regulations shall also be retained in the District of Columbia Archives, and shall be considered a true copy. If there is any discrepancy regarding the accuracy of any publication, the paper original located in the Office of Documents’ office or the District of Columbia Archives shall be considered the authoritative copy.
300.8 Because free online access is available to all of the Office of Documents and Administrative Issuances publications, all mailed subscriptions ended on December 31, 2008.
The Office of Documents and Administrative Issuances’ publications include the following:
(a) The District of Columbia Register (also referred to as the “Register” or “D.C. Register” and abbreviated as “DCR”);
(b) The District of Columbia Municipal Regulations (also referred to as the “D.C. Municipal Regulations” and abbreviated as “DCMR”); and
(c) Mayor's Administrative Issuances.
300.9 The Office of Documents and Administrative Issuances is located at One Judiciary Square, 441 4th Street, N.W., Suite 520 South, Washington, D.C. 20001. This is also the mailing address for Office of Documents and Administrative Issuances.
300.10 The regular office hours of the Office of Documents and Administrative Issuances are from 8:30 a.m. to 5:00 p.m., Monday through Friday, exclusive of District of Columbia government holidays.
301 GENERAL AUTHORITY OF THE ADMINISTRATOR OF THE OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES
301.1 The Administrator of the Office of Documents and Administrative Issuances is vested with authority to administer generally the provisions of this chapter, the provisions of the Documents Act, and the applicable provisions of the Administrative Procedure Act (D.C. Official Code §§ 2-501 et seq.), as amended, in accordance with the provisions of D.C. Official Code, § 2-612 (2012 Repl.).
301.2 The Administrator is authorized to promulgate rules and procedures for the implementation of the Documents Act and applicable provisions of the Administrative Procedure Act.
301.3 The Administrator is responsible for the supervision, management, and direction of the District of Columbia Office of Documents and Administrative Issuances, under the supervision of the Secretary of the District of Columbia.
301.4 The Administrator is authorized to adopt editorial standards for the submission of documents for publication in the District of Columbia Register and the District of Columbia Municipal Regulations, including requirements for standardized organization, numbering, format, grammar, and other matters of style.
301.5 With the exception of acts, laws and resolutions adopted by the Council of the District of Columbia, the Administrator is authorized to reject for publication any document that fails to comply substantially with the publication requirements and standards set forth in this chapter.
301.6 The Administrator is authorized to incorporate by reference the text of documents in the District of Columbia Register or the District of Columbia Municipal Regulations, in accordance with the provisions of the Documents Act and this chapter.
301.7 The Administrator is required to certify the promulgation, adoption, or enactment of all documents published by the Office of Documents and Administrative Issuances. The Administrator is authorized to obtain the assistance of the Office of the Attorney General, the officer designated by the Chairperson of the Council, or agency legal counsel in determining whether a document should be certified for publication.
301.8 The Administrator is required to provide instruction for promulgators of documents in the matters set forth in this chapter, including preparation and submission of documents, publication standards, and other areas that will assist the promulgators in complying with the requirements of this chapter.
302 SERVICES TO THE PUBLIC
302.1 The public may access the District of Columbia Register online at the Office of Documents and Administrative Issuances’ website http://dcregs.dc.gov or online at District of Columbia Public Libraries.
302.2 Anyone requesting a printed version of any edition of the District of Columbia Register may purchase one at a price set by the Administrator that covers the cost to the Office of Documents and Administrative Issuances for printing it. The prices will vary by the number of pages of the edition, but in any case will be whole dollar increments between $5.00 and $50.00.
302.3 Copies of the titles of the District of Columbia Municipal Regulations shall be published online at http://dcregs.dc.gov, with printed versions available for purchase at the Office of Documents at a price that covers the cost of materials. The prices will vary by each title, but in any case will be whole dollar increments between $7.00 and $100.00.
302.4 Copies of titles of the District of Columbia Municipal Regulations and District of Columbia Register are available for purchase at a price as set forth in §§ 302.2 and 302.3 herein. The Office of Documents and Administrative Issuances is located at One Judiciary Square, 441 4th Street, N.W., Suite 520 South, Washington, D.C. 20001.
303 SERVICES TO DISTRICT GOVERNMENT AGENCIES
303.1 In order to ensure the efficient and timely promulgation of notices of proposed rulemaking, final rules, notices of public hearings, and other legal notices and documents, the Administrator shall assist the agencies of the District government in complying with the following:
(a) The provisions of this chapter;
(b) The requirements of the Documents Act; and
(c) The applicable provisions of the Administrative Procedure Act, as amended.
303.2 The Administrator shall arrange to provide an appropriate response to each inquiry presented in person by telephone, or in writing to the Office of Documents and Administrative Issuances.
303.3 The staff of the Office of Documents shall provide informal assistance and advice to officials of District agencies with regard to general or specific rulemaking and notice practices, including drafting of proposed rules, notice requirements, promulgation procedures, and other matters arising under the provisions of the chapter.
303.4 The staff of the Office of Documents will conduct seminars in the various aspects of rulemaking practice and preparation of official documents for officials of the District government. Seminars will be arranged for small groups or individuals. The emphasis of these seminars will be on addressing the particular needs of agencies and promulgators of legal documents for publication in the District of Columbia Register and District of Columbia Municipal Regulations.
303.5 Requests for scheduling of seminars, including a list of topics to be covered, should be made in writing to the Administrator. Requests should be submitted reasonably in advance and should suggest several alternative dates and times to facilitate scheduling.
304 AGENCY REPRESENTATIVES
304.1 Each agency, department, office, or other governmental entity that submits documents for publication in the District of Columbia Register shall designate, from its Director's office or General Counsel’s office, a representative and alternate to serve as a liaison to the Office of Documents and Administrative Issuances. All representatives shall be called “agency liaisons.”
304.2 Agency liaisons and Directors shall be the main contact persons in matters relating to the publication of documents in the District of Columbia Register. All documents submitted by an agency for publication, including notices and rulemaking documents, must be submitted through the agency liaison or Director.
304.3 Designation of an agency liaison does not exempt an agency from the required review of the substance of rulemaking documents and legal certification by the Office of the Attorney General. Legal certification by agency counsel must be approved by the Administrator.
304.4 Each agency liaison shall be responsible for the following:
(a) Representation of the agency in all matters relating to compliance with the provisions of this chapter;
(b) Responding to inquiries from the Office of Documents and Administrative Issuances concerning documents or notices submitted by the agency for publication;
(c) Ensuring that the agency head or other official authorized by law to promulgate rules or attest to the promulgation of rules has reviewed all rulemaking notices and the rulemaking text, and has signed the required transmittal form, either in hard-copy or electronically, in accordance with the provisions of § 307.11;
(d) Ensuring that the required legal certification is set forth on the transmittal form in accordance with the provisions of § 307; and
(e) Ensuring that all other documents are in compliance with the rules as set forth in this chapter prior to submission for publication.
305 DISTRICT OF COLUMBIA REGISTER: PUBLICATION POLICY
305.1 The Office of Documents and Administrative Issuances shall publish electronically, a weekly serial publication, called the District of Columbia Register, which shall contain the following:
(a) Each act, law and resolution adopted by the Council and approved by the Mayor, enacted without mayoral approval, or enacted by the override of a mayoral veto;
(b) Each final or emergency rule, regulation, or other document required by law to be codified in the District of Columbia Municipal Regulations;
(c) Each notice of proposed rulemaking or intent to adopt the contents of any other document required to be codified in the District of Columbia Municipal Regulations;
(d) Each notice of public hearing issued by the Council or an agency; and
(e) Other documents accepted for publications pursuant to §§ 305.6, 305.7, or 305.8.
305.2 Documents required or authorized to be published in the District of Columbia Register shall be published as promptly after submission as possible, within limitations, imposed by considerations of accuracy, and substantial compliance with the publication standards set forth in this chapter.
305.3 In prescribing rules governing headings, notice format, effective dates, authority citations, and other matters of form, the Office of Documents and Administrative Issuances shall not affect the validity of any document that is filed and published under the law.
305.4 The District of Columbia Register serves as the ongoing supplement to the District of Columbia Municipal Regulations. Each document that is subject to codification in the District of Columbia Municipal Regulations and published in the District of Columbia Register shall be cross-referenced to the District of Columbia Municipal Regulations.
305.5 Each rulemaking document submitted to the Office of Documents and Administrative Issuances for publication in the District of Columbia Register must comply fully with the format, style, and other requirements established for the District of Columbia Municipal Regulations.
305.6 The following documents are required to be submitted to the Office of Documents and Administrative Issuances for publication in the District of Columbia Register:
(a) Each act, law and resolution of the Council of the District of Columbia;
(b) Each notice of public hearing;
(c) Each notice of proposed, final, or emergency rulemaking;
(d) All administrative issuances of the Mayor, including orders and memoranda;
(e) Each document having general applicability and legal effect; and
(f) Other documents required by law to be published in the District of Columbia Register.
305.7 The Administrator of the Office of Documents and Administrative Issuances is authorized to publish the following documents in the District of Columbia Register:
(a) Documents requested to be published by the Chairperson of the Council or the Chairperson's designee;
(b) Documents requested to be published by the Joint Committee on Judicial Administration in the District of Columbia;
(c) Information on changes in the organization of the government of the District of Columbia;
(d) Notices of public hearings not required by law or regulation to be published in the District Columbia Register; and
(e) Documents requested to be published by the Mayor of the District of Columbia.
305.8 Whenever the Administrator determines that the publication of a document not required by § 305.6 or authorized by § 305.7 would be of general public interest, the Administrator may permit the document to be published in the District of Columbia Register.
305.9 The following documents are generally not authorized to be published in the District of Columbia Register, except as provided by § 305.8:
(a) Proclamations or other ceremonial documents;
(b) Notices of meetings or other activities, except for meetings required to be made open to the public pursuant to the Open Meetings Act, D.C. Official Code §§ 2-571 et seq.(2012 Repl.);
(c) Correspondence, memoranda, or internal agency documents;
(d) Press releases, news items, commentary, or editorials;
(e) Adjudicatory notices, opinions, or orders;
(f) Judicial Declaratory Orders;
(g) Resolutions, petitions, or recommendations submitted for consideration by the Council, Mayor, or an agency; and
(h) Employment information, job announcements, or position descriptions.
305.10 Without prejudice to any other form of citation, the District of Columbia Register shall be cited by volume and page number, and the short form “DCR” shall be used in the citation. The date of publication of the weekly edition should also generally be included in the citation. For example, material published on page 91 of Volume 61 of the District of Columbia Register on January 3, 2014 should be cited as “61 DCR 91 (January 3, 2014).”
305.11 Each document published in the District of Columbia Register shall be placed under one of the following table of contents categories, as indicated:
(a) COUNCIL OF THE DISTRICT OF COLUMBIA - Which shall contain all resolutions and approved acts of the Council, mayoral vetoes of Council acts, notices of D.C. Law numbers assigned, notices of filing and intent to consider legislation, notices of public hearings, and other documents requested to be published by the Chairperson;
(b) PUBLIC HEARINGS - Which shall contain all notices of public hearings issued by an agency or authorized for publication under § 305.7(d);
(c) FINAL RULEMAKING - Which shall contain all final rules, notices of final rulemaking and documents having general applicability and legal effect;
(d) PROPOSED RULEMAKING - Which shall contain all notices of intent to adopt rules or documents of general applicability and legal effect, except combined notices pursuant to § 305.11(e);
(e) EMERGENCY RULEMAKING - Which shall contain all notices of emergency rulemaking and combined notices of emergency and proposed rulemaking;
(f) NOTICES, OPINIONS, AND ORDERS - Which shall contain all other documents authorized for publication under §§ 305.7 or 305.8; and
(g) ADMINISTRATIVE ISSUANCES - Which shall contain all Mayor’s Orders, Mayor’s Memorandum, and Mayor’s Administrative Instructions.
305.12 The Office of Documents and Administrative Issuances will publish annually, within forty-five (45) days of the end of each Council year, a cumulative index of all matters published in the District of Columbia Register during the year. The complete index for each volume will also be published on a calendar year basis.
305.13 Beginning with Volume 27, in January 1980, complete volumes of the District of Columbia Register shall be published on a calendar year basis.1
305.14 The certification and publication of a document in the District of Columbia Register or District of Columbia Municipal Regulations creates a rebuttable legal presumption that the document was duly issued, adopted, prescribed, or enacted, and that all requirements of the Documents Act and the Administrative Procedure Act have been met.
306 SUBMISSION OF DOCUMENTS: PUBLICATION SCHEDULES, DEADLINES AND SUBMISSION PROCEDURES
306.1 All documents shall be submitted electronically by designated District of Columbia government agency personnel on the website that is found at http://.dcregs.dc.gov.
306.2 [RESERVED]
306.3 The District of Columbia Register is published on Friday each week. If a government holiday falls on Friday, the official publication date will remain the same.
306.4 Documents to be submitted for publication must conform to all style guidelines set forth in the Office of Documents and Administrative Issuances’ Rulemaking Handbook and Publications Style Manual, which is available online at http://dcregs.dc.gov and at http://os/dc/gov. Failure to conform to style guidelines may delay publication.
306.5 The method of submitting documents for publication is electronic. All documents that require signatures must be submitted as digital images of the paper original, using a format such as pdf, tif, or jpg. Originals of all documents to be published shall be retained at the agency that submitted them, for a minimum of one year from date of publication. The Office of Documents and Administrative Issuances will also print and retain a copy of each electronic submission for a minimum of one year.
306.6 [RESERVED]
306.7 All documents that do not require signatures (e.g., notices, proposed rulemakings, etc.) should be submitted as properly formatted text files. Microsoft Word is the preferred word processing program of the Office of Documents.
306.8 [RESERVED]
306.9 [RESERVED]
306.10 [RESERVED]
306.11 The deadline for submission of documents for publication in each Friday edition of the District of Columbia Register is as follows:
(a) Council Public Hearing Notices …………………. WEDNESDAY, NOON of the SAME week;
(b) DC Acts, Laws and Resolutions of the Council…...WEDNESDAY, NOON of the SAME week;
(c) Summaries of Council Legislative Sessions and Other Council notices ……………………………………………………. WEDNESDAY, NOON of the SAME week;
(d) Council Notices of intent to adopt new legislation..WEDNESDAY, NOON of the SAME week;
(e) Final and Proposed Rulemaking Notices…….........THURSDAY, NOON of the PREVIOUS week;
(f) Emergency Rulemaking Notices…………………… THURSDAY, NOON of the PREVIOUS week; and
(g) Other Agency Notices and Documents………………THURSDAY, NOON of the PREVIOUS week.
306.12 Documents filed for publication in an issue of the District of Columbia Register which is scheduled to be published on the Friday of a week containing an official District government holiday must be submitted one business day earlier than the deadline set forth in § 306.11.
306.13 Whenever an official government holiday falls on a Friday, the District of Columbia Register will be published one day earlier (Thursday), which means that all documents for publication in the District of Columbia Register are required to be submitted one business day earlier, as set forth in § 306.11.
306.14 All documents subject to codification in the District of Columbia Municipal Regulations shall be reviewed by the Office of Documents and Administrative Issuances and certified by the Administrator prior to publication in the District of Columbia Register.
306.15 A pre-publication review service shall be provided by the Office of Documents, as set forth in § 308, in order to expedite the publication of proposed rulemaking and other documents requiring detailed review.
306.16 Proposed rulemaking and other documents subject to codification in the District of Columbia Municipal Regulations which have not been through the pre-publication review process should be submitted several days in advance of the deadlines set forth in § 306.11 in order to allow time for editing.
306.17 Documents which have been tentatively certified by the Office of Documents following pre-publication review will not normally require additional review prior to publication.
306.18 The publication of a document on an emergency basis may be requested when the document involves the prevention, alleviation, control, or relief of an emergency situation that impacts the public.
306.19 An agency requesting emergency publication shall briefly describe the nature of the emergency situation and the public benefits which would result from immediate publication.
306.20 Requests for emergency publication shall be made in writing to dcdocuments@dc.gov.
306.21 If the Administrator concurs with the request for emergency publication, the document shall be posted on the agency’s online website as soon as possible, and will be officially published in the next edition of the District of Columbia Register.
307 FORMATTING AND PREPARATION OF DOCUMENTS
307.1 The Office of Documents and Administrative Issuances shall accept electronic submissions of documents. A person seeking to submit a document to the Office of Documents shall log onto www.dcregs.dc.gov and submit the document. Submissions should be in Microsoft Word format. Rulemaking submissions should adhere to the rules in §§ 307.9-307.15 of this chapter.
307.2 All documents submitted to the Office of Documents shall adhere to the Office’s Rulemaking Handbook and Publications Style Manual. The requirements include:
a) Documents must be formatted for eight and one-half inch by eleven inch (8½ in. x 11 in.) white, opaque paper. The text must be set within margins not less than one (1) inch on all sides.
b) The preferred font family for all Office of Documents publications is Times New Roman, 12 point size with “Automatic” font color. The use of color in type-faces or charts is discouraged, to enable ease of reading when printed in black and white.
c) All documents submitted for publication in the District of Columbia Register must be single-spaced. Extra single spaces between paragraphs or sections, as well as additional spaces between major divisions of documents, are generally acceptable. Documents should be prepared with attention to the ease of reading.
d) Documents should be prepared to be read vertically. Charts or other materials which cannot be reproduced in vertical form may be accepted for publication. In such cases, the text should be prepared for publication so that the top of the text will appear on the left margin of the page.
e) Documents generally should not be signed on the originals, except Council acts and Mayor's Orders. Signed originals or copies are not acceptable as substitutes for the signature required on the transmittal form.
307.5 Documents on letterhead and documents in the form of letters or memoranda are generally not acceptable for publication in the District of Columbia Register.
307.6 Except when considered necessary by the Administrator, blank forms for applications, registrations, reports, contracts, and similar items, and the instructions for preparing the forms, may not be published in full. A brief description or list of forms describing the purpose and use of each form, as well as where copies of the form(s) may be obtained (website address, telephone number, etc.), may be submitted for publication.
307.7 After a document has been submitted for publication, a substantive error in the text may be corrected only by the filing of another document making the correction. Pending the receipt of the corrected document, the Office of Documents should be informed by telephone or email to dcdocuments@dc.gov of the need to withhold publication pending the submission of the corrected document.
307.8 If a document has been adopted by a legislative or quasi-legislative body in session, substantive or technical errors in the documents as adopted will not be corrected by the Office of Documents and Administrative Issuances unless the correction is approved by the body in public session or the correction is made pursuant to the lawful adopted procedural rules of the body.
307.9 All documents submitted for publication in the District of Columbia Register shall be submitted at http://dcregs.org. Anyone wishing to submit documents must obtain a username and password from the Office of Documents. The request for a username and password shall be submitted in writing to dcdocuments@dc.gov by an agency liaison. The request shall include the name of the agency, the name of the person with rulemaking authority for the agency, and the contact information for the agency liaison requesting the information and access to the e-rulemaking system. The Administrator or Editor will create the username and password and deliver the information.
307.10 The agency drafter shall sign on to the e-rulemaking system with the drafter’s individual username and password. Electronic submissions will be taken as a confirmation that the document was submitted by the designated agency drafter. Any submissions not personally executed by the authorized official and submissions by those not legally vested with authority to adopt rules or attest to the adoption of rules by a rulemaking body will not be accepted.
307.11 When submitting rulemakings to the Office of Documents for publication in the District of Columbia Register:
(a) An executive agency subordinate to the Mayor shall also submit:
(1) An Office of Policy and Legislative Affairs certification for publication in the District of Columbia Register; and
(2) An Office of the Attorney General (OAG) legal sufficiency certification (via a Rulemaking Transmittal Form).
The OPLA Certification and OAG Legal Sufficiency Certification shall be submitted to the Office of Documents’ email address, dcdocuments@dc.gov, in compliance with § 306.11 herein.
(b) An independent agency shall also submit a Rulemaking Transmittal Form that contains the signature of Agency General Counsel certifying that the substance of the text of the rule(s) has been reviewed and is, in the opinion of General Counsel, legally sufficient. The signed Rulemaking Transmittal Form shall be submitted to the Office of Documents’ email address, dcdocuments@dc.gov, in compliance with § 306.11 herein.
307.12 Certification of legal sufficiency, by the Office of the Attorney General or Agency General Counsel, must be included with all rulemaking actions. Certification of proposed rules may be conditioned upon review of final rules. If the substance of proposed rules for which final certification has been given is not modified prior to final rulemaking action, the final rules do not require duplicate certification.
307.13 Certification of the form and contents of notices of proposed, final, and emergency rulemaking shall be made by the Office of Documents, pursuant to the provisions of §§ 309 through 311 of this chapter.
307.14 The Administrator will not certify and publish rulemaking notices in the District of Columbia Register unless it is clear that the promulgator of the rule or proposed rule named on the electronic submission has legal authority to issue the rules.
307.15 [RESERVED]
307.16 In each instance where a document submitted for publication is rejected, pursuant to § 305.5 (formatting), the Office of Documents shall issue a notice of rejection which shall indicate the reason(s) for rejection. The notice of rejection shall be issued as soon as possible after review of the document.
307.17 An agency may request reconsideration of the rejection of any document for publication in the District of Columbia Register by submitting a written request for reconsideration to the Administrator stating the reasons why the document should be published as submitted. The Office of Documents will respond to each request for reconsideration in writing within two (2) business days of the receipt of the request.
307.18 If a rulemaking notice is rejected and subsequently submitted in corrected form, it must be accompanied by a new transmittal form executed in accordance with this section.
308 PRE-PUBLICATION REVIEW OF DOCUMENTS
308.1 Agencies are encouraged to submit final drafts of rulemaking documents and other documents subject to codification in the District of Columbia Municipal Regulations or publication in the District of Columbia Register to the Office of Documents and Administrative Issuances for pre-publication review in accordance with the provisions of this section.
308.2 The purpose of pre-publication review is to provide agencies with assistance and guidance in the application of the provisions of this chapter to specific documents while the documents are in the “final draft” stage. Agencies should consider submitting documents for pre-publication review that are lengthy (i.e., 25 pages or more) or complex. The review process is not intended to be a substitute for agency preparation of the substance of documents in compliance with the provisions of this chapter; therefore, “rough” drafts and drafts that contain gross errors of grammar, format, and style will not be accepted for review.
308.3 Documents that have been reviewed prior to adoption or approval as proposed rulemaking will generally not require additional review prior to certification and publication in the District of Columbia Register. Pre-publication review should also greatly reduce the possibility that a document will be rejected for publication due to lack of compliance with the publication standards set forth in this chapter.
308.4 Documents submitted for pre-publication review should be in the same form as required for submission for publication; however, originals should not be submitted for review. Text which is double or triple-spaced will not be accepted for pre-publication review.
308.5 The pre-publication review process will include examination and recommendations on the following elements:
(a) Numbering of chapters, sections, and paragraphs;
(b) Grammar, usage, and other matters of style;
(c) Format of notices and text;
(d) Contents of draft notices;
(e) General readability and organization text; and
(f) Compliance with the provisions of this chapter.
308.6 Every attempt will be made to complete the review process expeditiously; however, in cases where the drafts are lengthy (i.e., 25 pages or more) and complex, agencies should allow at least two (2) weeks for review of final drafts.
308.7 The Administrator may treat a document submitted for publication in the District of Columbia Register that has been rejected under § 301.5 as a document submitted for pre-publication review under this section.
309 NOTICES OF PROPOSED RULEMAKING
309.1 A 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.
309.2 The 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.
309.3 The 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.
309.4 The 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.
309.5 In 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.
309.6 If 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.
309.7 Proposed 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.
310 NOTICES OF FINAL RULEMAKING
310.1 A Notice of Final Rulemaking that is submitted for publication, including rulemakings that give notice of the adoption of a new rule, the amendment of an existing rule, or the repeal of an existing rule, shall be filed in accordance with the provisions of this section, and any other applicable provisions of this chapter.
310.2 The heading of each Notice Final Rulemaking document shall state, in bold type or upper case print, the name of the agency promulgating the rule and the phrase “NOTICE OF FINAL RULEMAKING.”
310.3 The text of the final 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 Final Rulemaking;
(b) A citation to the rule(s) being amended or repealed or the proposed citation of the new rule(s);
(c) The title, chapter, and section numbers, and a brief description of the rule(s);
(d) A citation to the Notice(s) of Proposed Rulemaking previously published in the District of Columbia Register;
(e) The date on which the final action was taken;
(f) The effective date of the final rule(s). If no effective date is stated, it will be presumed that the rule(s) will become effective on the date of publication of a Notice of Final Rulemaking in the District of Columbia Register.; and
(g) Unless otherwise stated in a law or act, the effective date of any rule directly enacted by law or act of the District of Columbia shall be the effective date, as published in a notice in the District of Columbia Register, of the law or act that enacts the rule.
310.4 The Administrator may omit publication of the entire text of a Final Rulemaking document if the final text is identical to the text published with the Notice of Proposed Rulemaking.
310.5 If the text of a rulemaking document is substantially altered from the text published with the notice of proposed rulemaking, the promulgating agency must re-submit the text as a proposed rule, pursuant to § 309. An agency does not have to wait the full notice period before re-filing an altered proposed rule. A new notice period begins upon re-publication; provided, however, that the new notice period does not decrease the overall comment period.
310.6 For the purposes of this chapter, “substantial alteration” of the text shall not include the following:
(a) Re-arrangement or renumbering of portions of the text; provided, however, that such re-arrangement or renumbering does not change the meaning of the text;
(b) Re-wording to correct errors in format or style; and
(c) Re-wording of the document, including the addition or deletion of material, that serves to clarify the intent, meaning, or application of the rule(s) and that does not substantially change the intent, meaning, or application of the proposed rule(s) or exceed the scope of the rule(s) as published with the notice of proposed rulemaking, as determined by the Office of Documents and Administrative Issuances.
311 NOTICES OF EMERGENCY RULEMAKING
311.1 A document that is submitted for publication as an Emergency Rulemaking, including any document that purports to adopt a new rule on an emergency basis or amend or repeal an existing rule on an emergency basis, shall be filed in accordance with the provisions of this section, in addition to other applicable provisions of this chapter.
311.2 A Notice of Emergency rulemaking may be combined with a Notice of proposed Rulemaking. Combined notices must meet the requirements of this section and the requirements of § 309.
311.3 The heading on each emergency rulemaking document shall state, in bold type and upper case print, the name of the agency promulgating the rule and the phrase “NOTICE OF EMERGENCY RULEMAKING.” A combined notice of emergency and proposed rulemaking shall use the phrase “NOTICE OF EMERGENCY AND PROPOSED RULEMAKING.”
311.4 The one hundred twenty (120) day maximum effective period for emergency rules begins on the date of adoption of the rules. A shorter period of effectiveness may be stated in the notice. Emergency rules may take effect on the date of adoption, on the date of publication in the District of Columbia Register, or on another date after adoption.
311.5 The text of the emergency 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 Emergency Rulemaking;
(b) A citation to the rule(s) being amended or repealed or a temporary citation for the new rule;
(c) The title, chapter, and section numbers, and a brief description of the rule(s);
(d) A statement giving the justification for emergency rulemaking action which clearly explains why the action is necessary for the immediate preservation or promotion of the public peace, health, safety, welfare, or morals;
(e) The date of adoption of the emergency rule(s) and the effective date of the rule(s);
(f) The date of expiration of the emergency rule(s);
(h) If the notice is for combined emergency and proposed rulemaking, it shall include the language required by § 309.3, and the requirements of § 309.4 must be met by the addition of the proper notice to the end of the text of the emergency and proposed rule(s); and
(i) A combined Notice of Emergency and Proposed Rulemaking shall state that the rule(s) will expire one hundred twenty (120) days after adoption (or a shorter stated period) or upon publication of final rules, whichever occurs first.
312 DISTRICT OF COLUMBIA MUNICIPAL REGULATIONS: PUBLICATION POLICY
312.1 The incorporation of existing and future documents in the official compilation of the District of Columbia rules and regulations, the District of Columbia Municipal Regulations, shall be governed by the publication policy set forth in this section.
312.2 The District of Columbia Municipal Regulations shall include every regulation enacted by the District of Columbia Council. These documents are generally known as “Council Regulations.”
312.3 The District of Columbia Municipal Regulations shall include every act of the elected District of Columbia Council which specifically amends or modifies an existing Council Regulation; which is designated by its provisions as a regulation or amendment to the District of Columbia Municipal Regulations; or which has not been codified or scheduled to be codified in the District of Columbia Code. The provisions of this subsection shall not apply to emergency or budget acts of the District of Columbia Council.
312.4 The District of Columbia Municipal Regulations shall include every document of general applicability and legal effect that is designated for publication in the District of Columbia Municipal Regulations by resolution of the District of Columbia Council.
312.5 The District of Columbia Municipal Regulations shall include every rule, regulation, or document having general applicability and legal effect which was lawfully adopted by the Board of Commissioners of the District of Columbia; the Commissioner of the District of Columbia; or an authorized agency, board, commission, or official of the District of Columbia prior to the effective date of the District of Columbia Administrative Procedure Act (D.C. Official Code §§ 2-501 et seq. (2012 Repl.)).
312.6 The District of Columbia Municipal Regulations shall include every rule, regulation, or document having general applicability and legal effect promulgated by the Mayor, Commissioner, or any authorized agency, board, commission, or official of the District of Columbia since October 2, 1969, which has been properly adopted and published in accordance with the provisions of §§ 6 and 7 of the District of Columbia Administrative Procedure Act.
312.7 All rules, regulations, and documents of general applicability and legal effect incorporated in the District of Columbia Municipal Regulations shall reflect all amendments, deletions, and other modifications that have been duly enacted or adopted by the following:
(a) The District of Columbia Council;
(b) The Mayor; or
(c) Any authorized agency, board, commission, or official of the District of Columbia.
313 DISTRICT OF COLUMBIA MUNICIPAL REGULATIONS: STRUCTURE AND FORMAT
313.1 The major divisions of the District of Columbia Municipal Regulations are titles, each of which brings together broadly related rules and regulations by subject matter categories.
313.2 Titles of the District of Columbia Municipal Regulations are designated by the Office of Documents and Administrative Issuances. Assignment of rules and regulations to the various titles of the District of Columbia Municipal Regulations by the Office of Documents and Administrative Issuances will be based on the structure set forth in § 313.3.
313.3 The structure of the District of Columbia Municipal Regulations is the following:
1 MAYOR AND EXECUTIVE AGENCIES
3 ELECTIONS AND ETHICS
4 HUMAN RIGHTS AND RELATIONS
5 EDUCATION
5-A OFFICE OF THE STATE SUPERINTENDENT OF EDUCATION
5-B DISTRICT OF COLUMBIA PUBLIC SCHOOLS
5-C CHARTER SCHOOLS
5-D SCHOOL MAINTENANCE
5-E ORIGINAL TITLE 5
6 PERSONNEL
6-A POLICE PERSONNEL
6-B GOVERNMENT PERSONNEL
7 EMPLOYMENT BENEFITS
8 HIGHER EDUCATION
8-A DISTRICT OF COLUMBIA SCHOOL OF LAW
8-B UNIVERSITY OF THE DISTRICT OF COLUMBIA
9 TAXATION AND ASSESSMENTS
10 PLANNING AND DEVELOPMENT
10-A COMPREHENSIVE PLAN
10-B PLANNING AND DEVELOPMENT
10-C HISTORIC PRESERVATION
11 ZONING
12 CONSTRUCTION CODES SUPPLEMENT OF 2013
12-A BUILDING CODE SUPPLEMENT OF 2013
12-B RESIDENTIAL CODE SUPPLEMENT OF 2013
12-C ELECTRICAL CODE SUPPLEMENT OF 2013
12-D FUEL GAS CODE SUPPLEMENT OF 2013
12-E MECHANICAL CODE SUPPLEMENT OF 2013
12-F PLUMBING CODE SUPPLEMENT OF 2013
12-G PROPERTY MAINTENANCE CODE SUPPLEMENT OF 2013
12-H FIRE CODE SUPPLEMENT OF 2013
12-I ENERGY CONSERVATION CODE SUPLLEMENT OF 2013
12-J EXISTING BUILDING CODE SUPPLEMENT OF 2013
12-K GREEN CONSTRUCTION CODE SUPPLEMENT OF 2013
12-L SWIMMING POOL AND SPA CODE SUPPLEMENT OF 2013
12-M FEES
13 SIGN REGULATIONS
14 HOUSING
15 PUBLIC UTILITIES AND CABLE TELEVISION
16 CONSUMERS, COMMERCIAL PRACTICES, AND CIVIL INFRACTIONS
17 BUSINESS, OCCUPATIONS, AND PROFESSIONALS
18 VEHICLES AND TRAFFIC
19 AMUSEMENTS, PARKS, AND RECREATION
20 ENVIRONMENT
21 WATER AND SANITATION
22 HEALTH
22-A MENTAL HEALTH
22-B PUBLIC HEALTH AND MEDICINE
22-C MEDICAL MARIJUANA
23 ALCOHOLIC BEVERAGES
24 PUBLIC SPACE AND SAFETY
25 FOOD OPERATIONS AND COMMUNITY HYGIENE FACILITIES
25A FOOD AND FOOD OPERATIONS
25-B FOOD PROCESSING OPERATIONS CODE
25-C SWIMMING POOL AND SPA REGULATIONS
25-D MASSAGE ESTABLISHMENT AND HEALTH SPA FACILITY REGULATIONS
25-E BARBERING, COSMETOLOGY, AND PERSONAL GROOMING FACILITY REGULATIONS
25-F TANNING FACILITY REGULATIONS
25-G TATTOO, BODY ART, AND BODY-PIERCING FACILITY REGULATIONS
25-H BEDDING AND UPHOLSTERED FURNITURE
25-I HEALTH NUISANCES, RODENT AND VECTOR CONTROL REGULATIONS
25-J ANIMAL WELFARE AND FACILITY REGULATIONS
26 INSURANCE, SECURITIES, AND BANKING
26-A INSURANCE
26-B SECURITIES
26-C BANKING AND FINANCIAL INSTITUTIONS
26-D HEALTH BENEFIT EXCHANGE
27 CONTRACTS AND PROCUREMENT
28 CORRECTIONS, COURTS, AND CRIMINAL JUSTICE
29 PUBLIC WELFARE
30 LOTTERY AND CHARITABLE GAMES
31 TAXICABS AND PUBLIC VEHICLES FOR HIRE
313.4 Subtitles may be assigned by the Office of Documents and Administrative Issuances to group chapters within a title by specific subject matter or agency. Specific chapters grouped within a subtitle may be made available to the public separately by subtitle.
313.5 A TITLE may be divided in two ways. First, if there are large sub-sections of each title, the Office of Documents and Administrative Issuances may determine that new titles should be formed. Second, in the alternative, the Office of Documents may advise the agency to create SUBTITLES. However, if there are many smaller subsections of each title, the Office of Documents may advise the agency to create CHAPTERS. Subtitles and chapters are assigned or approved by the Office of Documents on the basis of subject matter. Each chapter or subtitle shall have a descriptive heading.
313.6 The divisions of each chapter are SECTIONS. Each section shall consist of a body of rules that covers a specific, closely related segment of the chapter’s subject matter. Each section shall have a descriptive heading.
313.7 The major divisions of each section are SUBSECTIONS. Subsections are the basic units of the District of Columbia Municipal Regulations. Each subsection shall contain a single, specific requirement, provision, or a declarative statement of policy. Generally, subsections consist of one sentence or, occasionally, two (2) or three (3) sentences. Subsections do not have descriptive headings.
313.8 Subsections may include PARAGRAPHS and SUBPARAGRAPHS that set forth lists, examples, or subdivisions of the specific provision set forth in the subsection. Paragraphs and subparagraphs shall not be used in place of separate subsections.
313.9 The various divisions of the District of Columbia Municipal Regulations shall be designated in the following manner:
(a) TITLES - Consecutively in Arabic numerals in accordance with the structure set forth in this section (1, 2, 3, ...);
(b) SUBTITLES - Consecutively in uppercase Arabic letters immediately following the title (1-A DCMR, 6-B DCMR ...);
(c) CHAPTERS - Consecutively in Arabic numerals throughout each title (1, 2, 3 ......);
(d) SECTIONS - Consecutively in Arabic numerals throughout each chapter (100, 101, 102 ... 3420, 3421, 3422 ...);
(e) SUBSECTIONS - Consecutively in Arabic numerals throughout each section (106.1, 106.2, 106.3 ... 106.15, 106.16 ...);
(f) PARAGRAPHS - Consecutively in lower case Arabic letters set within parenthesis (106.1(a), 106.1(b), 106.1(c) ...); and
(g) SUBPARAGRAPHS - In outline style, as follows: (1), (2), (3), ... (1)(A), (1)(B), (1)(C), ... (1)(A)(i), (1)(A)(ii), (1)(A)(iii). Subparagraphs are rarely used in the District of Columbia Municipal Regulations.
313.10 The numbering system of the District of Columbia Municipal Regulations can be used to identify the types of divisions contained in a citation. For example: 18-A DCMR § 235.6(a)(4) is Subparagraph (4) of Paragraph (a) of Subsection 6 of Section 35 of Chapter 2 of Subtitle A of Title 18 of the DCMR.
