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DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Director of the Department of Consumer and Regulatory Affairs, pursuant to sections 104 and 105 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2011 Supp.) and D.C. Official Code 2-1801.05 (2007 Repl.)); Mayor’s Order 86-38, dated March 4, 1986; D.C. Official Code § 29-101.06 (2011 Repl.); and Mayor’s Order 2011-178, dated October 25, 2011, hereby gives notice of the adoption, on an emergency basis, of the following amendments to section 3302 (Corporations Division Infractions) of chapter 33 (Department of Consumer and Regulatory Affairs (DCRA) Infractions) of title 16 (Consumers, Commercial Practices and Civil Infractions) of the District of Columbia Municipal Regulations.
This emergency rulemaking is necessary to implement the District of Columbia Official Code Title 29 (Business Organizations) Enactment Act of 2010, effective July 2, 2011 (D.C. Law 18-378; D.C. Official Code §§ 29-101.01, et seq. (2011 Repl.)) (the Act) by establishing the schedule of fines for civil infractions arising thereunder. The Act will become applicable on January 1, 2012.
The Director also gives notice of intent to take final rulemaking action to adopt these rules in not less than thirty (30) days from the date of publication of this notice in the D.C. Register.
Pursuant to D.C. Official Code § 29-102.01(c) (2011 Repl.), the proposed rulemaking will be submitted to the Council of the District of Columbia for a forty-five (45) day period of review, and final rulemaking action will not be taken until the later of thirty (30) days after the publication of this notice in the D.C. Register or Council approval of the proposed rulemaking, whichever occurs later.
This emergency rulemaking was adopted on December 8, 2011, and will become effective on January 1, 2012. This emergency rulemaking will remain in effect for up to one hundred twenty (120 days); expiring on April 6, 2012, unless earlier superseded by a notice of final rulemaking.
Chapter 33 (Department of Consumer and Regulatory Affairs (DCRA) Infractions) of title 16 (Consumers, Commercial Practices and Civil Infractions) of the District of Columbia Municipal Regulations is amended as follows:
Section 3302 (Corporation Division Infractions) is amended to read as follows:
3302 CORPORATIONS DIVISION INFRACTIONS
3302.1 Violation of any of the following provisions shall be a Class 1 infraction:
(a) Submits a document pursuant to the District of Columbia Official Code Title 29 (Business Organizations) Enactment Act of 2010, effective July 11, 2011 (D.C. Law 18-378; D.C. Official Code §§ 29-101.01, et seq.) (the Act) and the document contains a false statement;
(b) Operating in the District:
(1) As a domestic business corporation or professional corporation and without articles of incorporation filed under D.C. Official Code § 29-302.02 (2011 Repl.);
(2) As a domestic nonprofit corporation and without articles of incorporation filed under D.C. Official Code § 29-402.02 (2011 Repl.);
(3) As a domestic limited liability partnership and without a statement of qualification filed under D.C. Official Code § 29-610.01 (2011 Repl.);
(3) As a domestic limited partnership and without a certificate of limited partnership filed under D.C. Official Code § 29-702.01 (2011 Repl.);
(4) As a domestic limited liability company and without a certificate of organization filed under D.C. Official Code § 29-802.01 (2011 Repl.);
(5) As a domestic general cooperative association and without articles of incorporation filed under D.C. Official Code § 29-906 (2011 Repl.);
(6) As a domestic limited cooperative association and without articles of organization filed under D.C. Official Code § 29-1003.02 (2011 Repl.); or
(7) As a domestic statutory trust and without a certificate of trust filed under D.C. Official Code § 29-1202.01 (2011 Repl.);
(c) Operating in the District as a foreign filing business organization entity:
(1) Without having obtained a certificate of registration under D.C. Official Code § 29-105.02 (2011 Repl.); or
(2) After its certificate of registration has been terminated under D.C. Official Code § 29-105.11 (2011 Repl.); and
(d) Operating in the District under the jurisdiction of the Act, but after the business organization has been dissolved, whether voluntarily, judicially, or administratively; provided, that this subsection shall not apply if the dissolution has been revoked or the business organization has been reinstated in accordance with the Act.
3302.2 Violation of any of the following provisions shall be a Class 3 infraction:
(a) Failure to appoint and maintain a registered agent under D.C. Official Code § 29-104.02 (2011 Repl.):
(1) As a domestic filing entity;
(2) As a domestic limited liability partnership that does not maintain a place of business in the District; or
(3) As a qualified foreign entity; and
(b) Failure to register a trade name with the Department of Consumer and Regulatory Affairs under D.C. Official Code § 47-2855.02 (2005 Repl.):
(1) As a general partnership;
(2) As a foreign or domestic limited partnership;
(3) As a foreign or domestic limited liability company; or
(4) As a foreign or domestic corporation.
All persons desiring to comment on these proposed regulations should submit written comments to Helder Gil, Legislative Affairs Specialist, Department of Consumer and Regulatory Affairs, 1100 Fourth Street, S.W., Room 5164, Washington, D.C. 20024, or by e-mail to helder.gil@dc.gov, not later than thirty (30) days after publication of this notice in the D.C. Register. Copies of the proposed rules can be obtained from the address listed above. A copy fee of one dollar ($1) will be charged for each copy of the proposed rules requested. Free copies are available on the DCRA website at http://dcra.dc.gov by going to the “About DCRA” tab, clicking “News Room”, and clicking on “Rulemaking”.
