MAYOR AND EXECUTIVE AGENCIES - OFFICE OF THE MAYOR - PETITIONS FOR DECLARATORY ORDERS


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107 PETITIONS FOR DECLARATORY ORDERS

107.1 Agency procedures which have been approved by the Mayor shall govern with respect to the issuance of declaratory orders within the scope of agency authority.

107.2 The procedures for issuance of declaratory orders, as established in Commissioner's Order 71-457, dated December 28, 1971, are hereby repealed.

107.3 Declaratory Orders may be issued upon petitions of interested persons by the Mayor to accomplish any one of the following purposes:

(a) Determine applicability of any rule or statute enforceable by him or her;

(b) Terminate a controversy (other than a contested case); or

(c) Remove uncertainty.

107.4 Petitions shall be on plain bond paper measuring approximately eight by ten and one-half inches (8" x 10½"). Completed petitions shall be signed and notarized.

107.5 An original and one copy of petitions for declaratory orders shall be filed in the Office of the Secretary of the District of Columbia, One Judiciary Square, 441 4th Street, N.W., Suite 1130 North Washington, D.C. 20001.

107.6 Petitions shall contain the following information:

(a) Name and address of petitioner;

(b) A full and complete statement of the facts giving rise to the request for a declaratory order;

(c) The interest of the petitioner;

(d) The department, agency, or office in the District government which has been contacted, and a description of the action or position, if any, taken by that department, agency or office;

(e) Designation of the statutes, rules, regulations, orders, or other information that are relevant to the requested declaratory order;

(f) A statement as to the proposed or suggested declaratory order along with supporting reasons;

(g) An indication of what effect the issuance of the requested order will have, along with a designation of other persons or organizations that will be affected by the proposed order; and

(h) Whether any proceeding involving the same subject matter is pending before any agency of the District of Columbia government or before a court.

107.7 Petitions which do not contain the information specified in § 107.6 may be returned to the petitioner as incomplete.

107.8 Within a reasonable time, the Mayor shall take any action on petitions for a declaratory order as is appropriate.

107.9 Nothing in this section shall be construed as making mandatory the issuance of a declaratory order by the Mayor. The Mayor's authority shall be discretionary, and the refusal to issue an order shall be final.

107.10 Petitions for declaratory orders shall be deemed disposed of when the Mayor takes one of the following actions:

(a) Issues an appropriate order; or

(b) Refuses to issue an order.

107.11 Action on petitions disposed of as cited in § 107.10 shall be final. No action shall be taken on subsequent petitions based on the same or essentially the same set of circumstances.

AUTHORITY: Unless otherwise noted, the authority for this chapter is section 422(11) of the District of Columbia Home Rule Act of 1973, as amended, Pub. L. No. 93-198, 87 Stat. 790 (codified at D.C. Code § 1-242(11) (1999 Repl.).

SOURCE: Commissioner's Order 71-457, effective December 28, 1971.

EDITORS NOTE: The provisions of this section implement section 9 of the District of Columbia Administrative Procedure Act, as amended, Pub. L. No. 90-614, § 9, 82 Stat. 1207 (codified at D.C. Code § 1-1508 (1999 Repl.).