District of Columbia Administrative Code

100 GENERAL PROVISIONS 100.1 The provisions of this chapter were adopted by the District of Columbia Council as the "District of Columbia Consumer Retail Credit Regulations," Regulation No. 71-18, approved June 11, 1971, under the Council's powers to make police regulations for t…

101 TRUTH IN LENDING: FEDERAL LAW AND REGULATIONS 101.1 Except as otherwise specifically provided in this chapter, the following sections of the federal "Truth in Lending Act" (Pub. L. 90-321, 82 Stat. 146), as amended, are incorporated in this chapter by reference: (a) Section 1…

102 REGISTRATION OF RETAIL SELLERS AND FINANCE COMPANIES 102.1 Any person who is a retail seller or a sales finance company shall register with the Department of Consumer and Regulatory Affairs (Department) as provided in this section. 102.2 Any person not registered, whose regis…

103 APPOINTMENT OF ATTORNEY-IN-FACT OR GENERAL AGENT 103.1 Each person covered under this chapter who is a nonresident of the District shall appoint or employ and maintain in the District an attorney-in-fact or general agent upon whom all judicial and other process or legal notic…

104 EXAMINATIONS AND INVESTIGATIONS 104.1 For the purpose of discovering violations of this chapter, the Department may at any time investigate the transactions, business, and records of any person subject to this chapter relating to matters covered by this chapter. 104.2 If any …

105 RETAIL INSTALLMENT CONTRACTS: ADDITIONAL DISCLOSURES 105.1 In addition to the disclosures required under § 101, the additional disclosures set forth in this section are required to be set out in a retail installment contract, separately and below any disclosures required unde…

106 RETAIL INSTALLMENT CONTRACTS: FORM AND CONTENT 106.1 Except in series of sales transactions, each retail installment contract shall be contained in a single document, each page of which shall be signed by both the buyer and the seller. 106.2 At the top of the first page of th…

107 RETAIL INSTALLMENT CONTRACTS: DELIVERY OF COPY OF CONTRACT 107.1 Except as provided in § 107.2, the seller shall deliver to the buyer, or mail to the buyer at his or her address shown on the retail installment contract, a legible, executed, and completed copy of the contract …

108 ADDITIONAL DISCLOSURES WITH RESPECT TO OPEN END CREDIT 108.1 If the seller, in connection with an open end credit account offers or arranges for credit life, accident, or health insurance; insurance against loss of or damage to property or against liability arising out of own…

109 PROHIBITION AGAINST SIGNING BLANK OR INCOMPLETED CONTRACT FORM 109.1 No person covered by this chapter shall cause or permit any contract or other document relating to a retail installment transaction to be signed by the buyer before all blank spaces (other than signature spa…

110 ACKNOWLEDGMENT OF DELIVERY OF CONTRACT 110.1 Any acknowledgment by the buyer of delivery of a copy of the contract shall be a rebuttable presumption of that delivery. 110.2 Acknowledgments may contain statements to the effect that "buyer acknowledges that before buyer signed …

111 REQUIREMENT FOR PROPERTY INSURANCE PROHIBITED 111.1 Unless otherwise required by law, no seller, as a condition to the extension of credit, shall require a buyer to obtain insurance against loss of or damage to property which is the subject of a sale, or against liability ari…

112 VALIDITY OF COMPLETION CERTIFICATE 112.1 In any transaction involving the modernization, rehabilitation, repair, alteration, improvement, or construction of real property, a writing signed by the buyer that the work has been satisfactorily completed shall not be valid or of a…

113 WAIVER OF REGULATIONS PROHIBITED 113.1 Except as provided in §§ 119.2 through 119.4, no provision shall be inserted in any retail installment contract, contract extension, or refinancing agreement designed to nullify and make ineffective the provisions of this chapter, or oth…

114 THIRD PARTY TRANSACTIONS 114.1 Any promissory note taken in connection with a retail installment contract subject to this chapter shall state on its face: "THIS INSTRUMENT IS SUBJECT TO A RETAIL INSTALLMENT CONTRACT."

115 PROHIBITED CONTRACT FORM PROVISIONS 115.1 No person subject to this chapter shall use any contract form or any other instrument arising in connection with a retail installment transaction which contains any of the following: (a) Any schedule of payments under which any one in…

116 RECEIPTS: STATEMENT OF ACCOUNT 116.1 When any payment is made on account of any retail installment contract, the seller receiving the payment shall, if the payment is made in cash, give the buyer a written receipt for the payment including the date and amount of payment. 116.…

117 ACKNOWLEDGEMENT OF PAYMENT IN FULL 117.1 Promptly on written request and in any event within sixty (60) days after payment of all sums for which the buyer is obligated under a retain installment contract, the seller or assignee shall mail or deliver to the buyer sufficient in…

118 REPOSSESSION 118.1 If a buyer is in default in the payment of any sum due under a contract subject to this chapter or in the performance of any lawful condition imposed by the contract, the seller or seller's assignee may when authorized by law repossess the goods secured und…

119 DUTIES ON REPOSSESSION AND BUYER'S RIGHT OF REDEMPTION 119.1 Within five (5) days after any consumer goods are repossessed, the seller or subsequent assignee shall deliver to the buyer personally, or send to the buyer by registered or certified mail to his or her last known a…

120 DE-REGISTRATION 120.1 If the Director of the Department or his or her designee believes there is evidence to indicate a persistent pattern of conduct by a registrant in violation of this chapter, the Department may give notice to the registrant of the Department's intent to h…

121 CEASE AND DESIST ORDERS 121.1 If the Director of the Department has a reasonable basis to believe that any person has violated this chapter, he or she may give notice to that person of intent to hold a hearing to determine whether a cease and desist order with respect to the …

122 REMEDIES AND PENALTIES 122.1 Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of this regulation pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Adjudication of any infract…

199 DEFINITIONS 199.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Buyer - See: "Retail buyer." Consumer goods - tangible chattels bought by a natural person for use primarily for personal, family, or household purposes, including c…

1000 CLASSES OF DEALERS 1000.1 Dealers in secondhand personal property in the District of Columbia shall be designated in classes, as set forth in this section. 1000.2 A Class A secondhand dealer shall be a person, firm or corporation, other than a Class B or a Class C secondhand…

1001 BOOKS AND RECORDS 1001.1 Each licensee shall use an Internet-based recordkeeping system approved by the Director to record an accurate account of each transaction in the course of the business (except as to the purchase of rags, bones, old iron, and paper by junk dealers) an…

1002 DEALERS RECEIVING JEWELRY OR PRECIOUS METALS 1002.1 In addition to the requirements of § 1001, a dealer purchasing or otherwise acquiring any article of jewelry or other article composed of or manufactured in whole or in significant part of a precious metal, including gold, …

1003 OTHER RESTRICTIONS AND REQUIREMENTS 1003.1 A Class C secondhand dealer who purchases or receives secondhand personal property on consignment must pay only in the form of check and only after at least sixty (60) days from the date on which the property is received. 1003.2 No …

1004 REPORTS TO POLICE 1004.1 Each junk dealer, Class A, and Class B dealer in secondhand personal property shall, at the time of each transaction, enter into the approved Internet-based recordkeeping system the information required under §§ 1001, 1002, and 1003. 1004.2 The provi…

1005 COOPERATION WITH POLICE INVESTIGATIONS 1005.1 It shall be the duty of every junk dealer, and every class of dealer in secondhand personal property, and of every person in a dealer's employ, to admit to the premises during business hours any member of the Metropolitan Police …

1006 DEALER'S LICENSE 1006.1 Each junk dealer or Class A dealer, or Class C dealer in secondhand personal property, shall make application to the Mayor annually for license to conduct that business. 1006.2 The application shall be sent to the Chief of Police for a report on the c…

1007 DENIAL OR REVOCATION OF LICENSE 1007.1 The Mayor may deny a license to any person who by advertisement of any kind offers to purchase as a dealer any secondhand personal property without actually being so licensed. 1007.2 The Mayor shall deny a license to any person who fail…

1008 CLASS B DEALER REQUIREMENTS AND RESTRICTIONS 1008.1 It shall be unlawful for any person, firm or corporation primarily engaged in the business of dealing in new personal property in the District of Columbia to accept used personal property, other than motor vehicles, in trad…

1009 PROPERTY LEFT FOR REPAIR 1009.1 Each junk dealer and dealer of any class in secondhand personal property shall keep at the dealer's place of business a book or books, in which shall be legibly written in English and numbered consecutively, an account with respect to any pers…

1010 SEIZURE OR DETENTION OF PROPERTY BY POLICE OFFICERS 1010.1 Any member of the Metropolitan Police Department may take possession of any article of secondhand personal property in the possession of a dealer which he or she knows to be missing, or knows or has probable cause to…

1011 PUBLIC EXHIBITS AND SHOWS 1011.1 Any dealer not already licensed under this chapter conducting or participating in a public exhibit or show of secondhand personal property to be held in the District of Columbia shall obtain a temporary permit from the Mayor at least sixty (6…

1012 EXEMPT TRANSACTIONS 1012.1 The chapter shall not apply to transactions involving the sale or purchase of any of the following: (a) Coins that change substantially in relation to the precious metal content of those coins; (b) Medallion form bullion; or (c) Bullion with a reco…

1013 ENFORCEMENT AND PENALTIES 1013.1 The Mayor may suspend the license of any secondhand dealer in personal property if that person has been convicted of three (3) or more crimes in connection with the operation of a secondhand dealer business within any two (2) year period. 101…

1100 AUCTION SALES: GENERAL PROVISIONS 1100.1 No person or corporation shall offer for sale, sell, or cause to be offered for sale or sold, any real or personal property at public action in the District of Columbia, unless that sale is cried by a duly licensed auctioneer. 1100.2 …

1101 AUCTIONEER'S LICENSE 1101.1 Auctioneers' licenses are issued under paragraph 9 of the Act of Congress approved July 1, 1932 (D.C. Official Code § 47-2808 (2001 Ed.)), which also sets the license fee. 1101.2 No licensed auctioneer shall permit any other person or corporation …

1102 REPRESENTATIONS AND ADVERTISING 1102.1 A copy of the permit application under § 2 of the Act approved Sept. 9, 1916 (D.C. Code § 47-2702 (2001 Ed.)), shall be posted in a conspicuous place in the premises in which the authorized sale is conducted. 1102.2 Any person or corpor…

1103 CONDUCT OF AUCTION SALES 1103.1 No person offering for sale of selling any real or personal property at public auction in the District of Columbia shall, directly or indirectly, employ any person or persons for the purpose of puffing or bidding up the price of the property t…

1104 AUCTION SALE RECORDS 1104.1 Each auctioneer, immediately prior to the receipt or acceptance for purposes of sale, and before offering any personal property for sale, shall write or cause to be written in a book to be kept for that purpose in the business the following inform…

1105 COMPLIANCE WITH OTHER REGULATIONS 1105.1 No auctioneer shall offer any dangerous or deadly weapon for auction without first complying with regulations of the District governing sales of dangerous or deadly weapons by licensed dealers. 1105.2 If an auctioneer, in addition to …

1106 ENFORCEMENT AND PENALTIES 1106.1 Any person violating any of the provisions of this article shall, upon conviction, be fined not more than three hundred dollars ($ 300) or imprisoned for not more than ninety (90) days. 1106.2 The penalties set forth in this section are in ad…

1200 GENERAL PROVISIONS 1200.1 The purpose of this chapter is to establish licensing requirements for proprietary schools in the District, and for all agents acting on behalf of proprietary schools in soliciting students. 1200.2 The provisions of this chapter are designed to prot…

1201 LICENSE REQUIREMENTS 1201.1 No person shall operate a proprietary school in the District without having first obtained a license from the Department of Consumer and Regulatory Affairs (also referred to in this chapter as the "Department"). 1201.2 The license shall be assigne…

1202 APPLICATION FOR LICENSE 1202.1 Any person desiring to obtain a proprietary school license or to renew a license, shall file an application with the Department upon forms provided by the Department. 1202.2 Each application for a proprietary school license, or for a renewal of…

1203 GUARANTEE OF FINANCIAL RESPONSIBILITY BOND 1203.1 No proprietary school license shall be effective until a corporate surety bond or other security approved by the Department shall have been filed with the Department by the person applying for the license. 1203.2 The corporat…

1204 ISSUANCE AND RENEWAL OF LICENSES 1204.1 Each proprietary school license shall be issued for a period of one (1) year beginning on November 1st and expiring on October 31st of the following year. 1204.2 Application for renewal of a license shall be filed in advance of the nex…