5594007 Public Library, D.C. - Notice of Final Rulemaking - Amending 19 DCMR Section 803 to eliminate fines for students nineteen (19) and under

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 its intent to amend Section 803 of Chapter 8 (Public Library) of Title 19 (Amusements, Parks, and Recreation) of the District of Columbia Municipal Regulations (DCMR).

 

The Board of Trustees has appointed the Chief Librarian/Executive Director, through D.C. Official Code § 39-105(a)(10) (2012 Repl.), to establish rules and manage the day-to-day operations of the library.  On May 27, 2015, the Board of Library Trustees of the District of Columbia Public Library (DCPL) approved to adopt the proposed new amendment(s) to the District of Columbia Public Library Regulations regarding Fines and Penalties in §§ 803.1, 803.2, 803.3, 803.4, and 803.6 to Chapter 8.  The proposed amendments will provide the DCPL the ability to eliminate fines and penalties for students age nineteen (19) and under.

 

A Notice of Proposed Rulemaking was published in the D.C. Register on June 26, 2015 at 62 DCR 9004 to amend the rules to reflect the current policies at the DCPL. No comments were received and no substantive changes were made. These rules were adopted as final May 27, 2015 and shall become effective on the date of publication of this notice in the D.C. Register.

 

Chapter 8, PUBLIC LIBRARY, of Title 19 DCMR, AMUSEMENTS, PARKS AND RECREATION, is amended as follows:

 

Section 803, FINES AND PENALTIES, Subsections 803.1 through 803.4 and Subsection 803.6, are amended so that the section reads as follows:

 

803.1               Adult borrowers, twenty (20) years of age and older, shall be charged a long overdue fee of five dollars ($ 5) for each item overdue thirty (30) days or more.

 

803.2               All borrowers, twenty (20) years of age and older, shall be assessed lost and damaged fees on all material types including children’s materials and books that are overdue sixty (60) days or more, as follows:

 

(a)                Hardcover Books;                                                       $ 20.00

 

(b)               Paperback Books, CDs, DVDs,                                  $ 15.00

            and Audiobooks; and

 

(c)                Magazines.                                                                  $ 8.00

                                                             

803.3               Adult borrowers, twenty (20) years of age and older, of materials and books are responsible for the payment of both lost and damaged fees and the long overdue fee, if applicable.

 

803.4               Adult borrowers twenty (20) years of age and older who incur outstanding fees totaling forty dollars ($ 40.00) or more on their library account will be blocked from checking-out or renewing books and other library materials, until the account is in good standing.

 

803.5               When library materials are ten days overdue the Library shall send a notice to the borrower.

 

803.6               [RESERVED]

 

803.7               The librarian or designee can at his/her discretion forgive fines for library materials. This option can be utilized when the borrower provides reasons such as: hospitalization, death in family, incarceration, fire, flood, or other catastrophic personal hardship.

 

803.8               The librarian or designee is authorized to cancel fines when the borrower claims that the library material was returned and it is found in the library or the library was closed due to an emergency.