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Administrative Procedure Act – District of Columbia

The District of Columbia Administrative Procedure Act (“Act”) are found in Title 2, Chapter 5, Subchapter I, of the Code of District of Columbia.  D.C. Code § 2-503 of the Act provides that each subordinate agency of the mayor and the council and each independent agencies can establish procedures in accordance with the Act.  These procedures will also include the requirements for practice before the mayor and the agency.

D.C. Code § 2-503 states that the mayor will publish the District of Columbia Register(“register”) and the District of Columbia Municipal regulations.  All courts within the state must take notice of these published rules and regulations.

According to D.C. Code § 2-505, the mayor and other independent agencies must publish a notice of the proposed action in the register.  This is to provide an opportunity to the interested persons to submit data and their views either orally or in writing.  In accordance with the rules prescribed by the mayor or independent agencies, any person can petition the mayor or independent agencies to propagate, amend or repeal any rule.  The mayor or independent agencies may promulgate, amend or repeal the rule or deny the petition.  Emergency rules can also be adopted for immediate preservation of public health, safety and welfare.

D.C. Code § 2-507 provides that as soon as possible the mayor must compile, index and publish in the register all the regulations adopted by the District of Columbia Council and all the rules adopted by the mayor, the District of Columbia Council and the independent agencies.  This compilation must be made available to public for a price fixed by the mayor.

According to D.C. Code § 2-508, to terminate a controversy or to remove uncertainty, any person can file a petition for declaratory judgment concerning a rule, regulation, resolution or statute before the mayor or an agency.  A declaratory order is subject to review by a superior court.  But a refusal by the mayor or an agency to issue a declaratory order cannot be a subject for review.

D.C. Code § 2-510 provides that any person aggrieved or adversely affected by the order of the mayor or other agency can file a written petition for review in the District of Columbia Court of Appeals.  Further a person challenging the jurisdiction of the mayor or agency will be entitled to an immediate judicial review of that action.  When reviewing administrative decisions the court will review those portions of the exclusive record that is designated by the concerned party.

Inside Administrative Procedure Act – District of Columbia