District of Columbia Administrative Code

200 GENERAL PROVISIONS 200.1 The purpose of this chapter is to outline the policy for official publications. 200.2 The Administrative Procedure Act, Pub. L. No.90-614, (D.C. Code §§ 1-1501 et seq.) established the District of Columbia Register (referred to as the D.C. Register) a…

201 SEARCH AND REPRODUCTION SERVICES: OFFICE OF THE MAYOR 201.1 There shall be no charge to the public for searches for documents which can be readily obtained from current office files. Charges shall be made for all searches for documents requiring lengthy searching (quarter hou…

2000 GENERAL PROVISIONS 2000.1 This chapter sets forth the procedures for: (a) Certifying the cost of care provided by the District to policemen and firemen injured by third parties; (b) Placing liens against recoveries by policemen and firemen for such injuries; (c) Providing no…

2001 POLICE OR FIRE CHIEF TO CERTIFY COST OF CARE 2001.1 Within ten (10) days of the District of Columbia Police and Fire Clinic’s first treating any policeman or fireman who suffers injury or disease in circumstances in which a third party may be responsible to pay damages, the …

2002 CORPORATION COUNSEL TO FILE LIEN AGAINST RECOVERY BY POLICEMAN OR FIREMAN FROM THIRD PARTY 2002.1 Whenever the Chief of Police or the Fire Chief certifies the estimated cost or reasonable value of care under § 2001, the Corporation Counsel shall file a written notice in the …

2003 POLICEMAN OR FIREMAN TO NOTIFY CORPORATION COUNCIL OF CLAIM AGAINST THIRD PARTY 2003.1 Within ten (10) days of any policeman’s or fireman’s making a claim against, or instituting a proceeding against, or entering in a settlement negotiations with, a third person as a result …

2004 DISTRICT SUBROGATED TO CLAIMS BY POLICEMAN OR FIREMAN AGAINST THIRD PARTY 2004.1 As soon as the District begins providing care to a policeman or fireman, it shall become subrogated to any right or claim that the policeman or fireman has against any third party for the care i…

2005 POLICEMAN OR FIREMAN TO DELAY DISBURSING PROCEEDS OF RECOVERY FROM THIRD PARTY 2005.1 Within five (5) days of receiving any proceeds of a recovery or settlement against any third party for an injury sustained or a disease contracted, a policeman or fireman shall ascertain fr…

2006 CORPORATION COUNSEL MAY COMPROMISE OR WAIVE CLAIM AGAINST POLICEMAN OR FIREMAN 2006.1 A policeman or fireman may request that the District compromise, settle, release, or waive its claims for care provided to him or her by making such a request, in writing, together with the…

2099 DEFINITIONS 2099.1 When used in this chapter, the following terms shall have the meanings ascribed: Care - Treatment, services, or benefits provided to an injured or diseased policeman or fireman. Policeman or Fireman - Any police officer employed by the Metropolitan Police …

2200 GENERAL PROVISIONS 2200.1 This chapter sets forth the rules and procedures to be followed in implementing the Retail Service Station Act of 1976, D.C. Law § 1-123, D.C. Code § 10-231 (1996 Repl.), as amended. AUTHORITY: Unless otherwise noted, the authority for this chapter …

2201 APPEARANCE AND REPRESENTATION 2201.1 In any proceeding before the Board, a person may appear on his or her own behalf or on behalf of any other person. Any person appearing before the Board other than on his or her own behalf may be required by the Board to establish his or …

2202 SERVICE OF PAPERS, METHODS, PROOF 2202.1 A party shall serve upon all other parties any submission made to the Board. 2202.2 Any paper required to be served upon a party shall be served upon him or her, or upon the representative designated by him or her or by the law to rec…

2203 APPLICATIONS FOR EXEMPTIONS 2203.1 An exemption proceeding shall be initiated by the filing of an application for exemption. 2203.2 The applicant shall, on a form to be provided by the D.C. Energy Office, include in the application for exemption information from which the fo…

2204 NOTICE OF HEARING 2204.1 Notice of hearing shall be published at least once in the D.C. Register. 2204.2 Notice of a hearing shall be mailed first class by the Board to the following: (a) The applicant; (b) The affected Advisory Neighborhood Commission; and (c) All retail se…

2205 REQUIREMENTS FOR PARTICIPATION IN HEARING 2205.1 To participate in a proceeding before the Board, a person shall file with the D.C. Energy Office, at a time prior to the deadline set forth in the notice of public hearing, the following information: (a) Name, address and tele…

2206 HEARING PROCEDURE 2206.1 Hearings on applications for exemption shall be held at such times and places as the Presiding Officer shall designate. 2206.2 A quorum of the Board shall be present for the Board to hold a hearing. 2206.3 The Presiding Officer shall have authority t…

2207 ORDER OF PROCEDURE 2207.1 The order of procedure for presenting evidence at the hearing shall be as follows: (a) Introductory statement by the Presiding Officer; (b) Applicant’s case; (c) Testimony from parties in support of the application; (d) Testimony from parties in opp…

2208 EVIDENCE 2208.1 Each party shall have the right to appear at a hearing to offer evidence and cross-examine witnesses. The Presiding Officer may impose a reasonable limitation on the number of persons who cross-examine a witness. 2208.2 Witnesses shall be examined and cross-e…

2209 RECOMMENDATIONS 2209.1 The Board shall transmit its recommendation to the Mayor within sixty (60) days after the hearing or when no objection to the exemption has been filed, thirty (30) days after the deadline for comments published in the public notice. 2209.2 The Board sh…

2210 GENERAL PROVISION 2210.1 These regulations are in addition to the rules regulating the Office of Administrative Hearings (OAH.) Where there is a conflict, the OAH regulations will prevail. SOURCE: Final Rulemaking published at 53 DCR 555 (January 27, 2006). AUTHORITY: DC-DCM…

2211 NOTICE OF THE NOTICE OF INFRACTION 2211.1 A Notice of Infraction ("NOI") shall be in the form prescribed by the Mayor's appointee or the Gas Station Advisory Board ("GSAB") Chairman and will be issued for infractions. 2211.2 A NOI must include the following information (a) T…

2212 SERVICE OF THE NOTICE OF INFRACTION 2212.1 The NOI must be served on the violator, the business owner, or the owner's agent by means of certified mail, personal service or conspicuous posting. 2212.2 An NOI served via U.S. mail must be sent to the respondent's last known hom…

2213 ANSWERING THE NOTICE OF INFRACTION 2213.1 A respondent answers an NOI by pleading Admit, Admit with Explanation, or Deny. 2213.2 An answer of Admit constitutes the respondent's acceptance of liability for the condition(s) cited in the NOI. 2213.3 An answer of Admit with Expl…

2214 HEARINGS 2214.1 Petitioner and respondent may represent themselves and be represented by counsel. 2214.2 Hearings may not be conducted by mail. SOURCE: Final Rulemaking published at 53 DCR 555, 557(January 27, 2006). AUTHORITY: DC-DCMR Unless otherwise noted, the authority f…

2215 PAYMENT OF CIVIL SANCTIONS 2215.1 An administrative law judge may impose monetary fines and penalties. 2215.2 All checks must be certified and made payable to "D.C. Treasurer." 2215.3 Payment of the fine does not relieve the respondent of the obligation to abate the infracti…

2299 DEFINITIONS 2299.1 When used in this chapter, the following terms and phrases shall have the meanings ascribed: Board - the Gas Station Advisory Board of the District of Columbia, established in the Retail Service Station Act. Exemption - a release from the prohibitions on c…

2401 SCOPE 2401.1 The purpose of this chapter is to establish requirements and procedures for the District of Columbia Poverty Lawyer Loan Assistance Repayment Program (Program). 2401.2 The Program provides educational loan repayment assistance to eligible lawyers who maintain el…

2402 ADMINISTRATION 2402.1 The District of Columbia Bar Foundation is appointed as the Administrator for the Program. 2402.2 In implementing the Program, the Administrator shall: (a) Publicize and provide information about the nature and requirements of the Program to potentially…

2403 SCOPE, TERMS, AND CONDITIONS OF ASSISTANCE 2403.1 Loan repayment assistance under the Program shall consist of a loan made by the Administrator to a participant for a period of one (1) year. Subject to the availability of funding, the Administrator may renew the loan annuall…

2404 APPLICANT ELIGIBILITY 2404.1 To be eligible to participate in the Program, an applicant shall, at the time of application and throughout participation in the Program: (a) Hold, or presently plan to secure, eligible employment; provided that a participant must hold eligible e…

2405 ELIGIBLE EMPLOYMENT 2405.1 Eligible employment shall consist of employment as an attorney with a non-profit organization that provides direct civil legal services to low-income or underserved District of Columbia residents. Qualifying organizations shall consist of those org…

2406 SERVICE OBLIGATIONS 2406.1 Each participant receiving an initial one (1) year loan under the Program shall, as a service obligation, complete one (1) year of eligible employment. Each subsequent one (1) year renewal of the loan shall require the completion of an additional o…

2407 APPLICATION PROCESS 2407.1 Each applicant shall submit a completed application package, provided by the Administrator, which includes the following: (a) An Application for Assistance Form that contains information about: (1) The applicant; (2) The applicant’s bar admission s…

2408 FUNDING CRITERIA 2408.1 If the needs of all Program participants exceed the funding available for the Program in any fiscal year, the Administrator shall apportion the available funds among participants giving preference to: (a) Graduates of an accredited public law school i…

2409 AWARD AND DISBURSEMENT OF ASSISTANCE 2409.1 The Administrator shall award loans to participants to the extent funds are available in accordance with the criteria in section 2408. 2409.2 The Administrator shall disburse the first payment for each loan within ninety(90) days a…

2410 PARTICIPANT RESPONSIBILITIES AND REVIEW OF ELIGIBILITY 2410.1 Upon receipt of notification of a loan award, the participant shall promptly execute a promissory note, as required under § 2403.10, within the deadline established by the Administrator. Failure to timely execute …

2499 DEFINITIONS 2499.1 The following terms and phrases shall have the meanings ascribed: Act - the District of Columbia Poverty Lawyer Loan Assistance Repayment Program Emergency Act of 2006, effective October 25, 2006, D.C. Act 16-512, 53 DCR 9086, and any substantially identic…

2700 PURPOSE 2700.1 The purpose of this chapter is to establish standards and guidelines for the submission of applications for grants and loans to the Escheated Estates Fund Application Screening Committee and for the making of grants and loans from the Escheated Estates Fund. A…

2701 REQUIREMENTS FOR ELIGIBILITY 2701.1 Grants and loans from the Escheated Estates Fund shall be made only for projects that will benefit low-income residents of the District of Columbia 2701.2 For the purposes of § 2701.1, the term “low-income” means household income that does…

2702 PRIORITIES 2702.1 Priority shall be given to the following: (a) Projects that will serve low-income, minority District residents in low-income neighborhoods; (b) Projects that will improve the health or housing opportunities of low-income District residents; (c) Projects tha…

2703 FUNDING AMOUNTS AND LIMITATIONS 2703.1 A grant or loan shall not exceed ten thousand dollars ($10,000) from any single project. 2703.2 The maximum total amount a nonprofit organization or public agency may be granted or loaned during any three (3) year period is ten thousand…

2704 APPLICATIONS 2704.1 An organization or public agency applying for a grant shall include in its application the following: (a) A total itemized list of expenditures for the project; (b) A specific itemization of the expenditures to be funded by the grant; (c) A budget narrati…

2800 SCOPE OF CHAPTER 2800.1 This Chapter contains general rules of procedure for the Office of Administrative Hearings (OAH). Chapter 29 of these Rules contains rules for cases referred to OAH by the District of Columbia Public Schools (DCPS) and the District of Columbia Office …

2801 APPLICABILITY OF DISTRICT OF COLUMBIA SUPERIOR COURT RULES OF CIVIL PROCEDURE 2801.1 Where these Rules do not address a procedural issue, an Administrative Law Judge may refer to the District of Columbia Superior Court Rules of Civil Procedure as guidance to decide the issue…

2802 BEGINNING A CASE AT OAH 2802.1 The District of Columbia (District) may begin a case at OAH by filing a complete and legible copy of a Notice of Infraction or Notice of Violation as described in §§ 2803, 2804, and 2811. 2802.2 Any party also may begin a case at OAH by filing …

2803 BEGINNING A CIVIL FINE CASE – NOTICE OF INFRACTION 2803.1 Section 2803 establishes procedures for cases in which the District seeks payment of a civil fine in accordance with the Civil Infractions Act (D.C. Official Code §§ 2-1802.01 –.05). In the event a civil infraction ca…

2804 BEGINNING A CIVIL FINE CASE – NOTICE OF VIOLATION 2804.1 Section 2804 establishes procedures for cases in which the District seeks payment of a civil fine in accordance with the Litter Control Administration Act (D.C. Official Code §§ 8-801 – 812). Section 2804 shall also ap…

2805 BEGINNING A CASE BY REQUESTING A HEARING 2805.1 Unless a statute or these Rules describe a different way to begin a case, a party seeking a hearing at OAH shall file a request for hearing in writing. 2805.2 The hearing request shall not have to follow any specific format. Th…

2806 IDENTIFICATION OF PARTIES 2806.1 Any paper filed at OAH shall contain the name, mailing address, telephone number, and email address, if any, of the filer. After a case is assigned a case number, any paper filed in that case shall contain the case number. 2806.2 Any paper fi…