MAYOR AND EXECUTIVE AGENCIES - RULES OF THE OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES - DISTRICT OF COLUMBIA REGISTER: PUBLICATION POLICY


Published: 2014-10-24

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305 DISTRICT OF COLUMBIA REGISTER: PUBLICATION POLICY

305.1 The Office of Documents and Administrative Issuances shall publish electronically, a weekly serial publication, called the District of Columbia Register, which shall contain the following:

(a) Each act, law and resolution adopted by the Council and approved by the Mayor, enacted without mayoral approval, or enacted by the override of a mayoral veto;

(b) Each final or emergency rule, regulation, or other document required by law to be codified in the District of Columbia Municipal Regulations;

(c) Each notice of proposed rulemaking or intent to adopt the contents of any other document required to be codified in the District of Columbia Municipal Regulations;

(d) Each notice of public hearing issued by the Council or an agency; and

(e) Other documents accepted for publications pursuant to §§ 305.6, 305.7, or 305.8.

305.2 Documents required or authorized to be published in the District of Columbia Register shall be published as promptly after submission as possible, within limitations, imposed by considerations of accuracy, and substantial compliance with the publication standards set forth in this chapter.

305.3 In prescribing rules governing headings, notice format, effective dates, authority citations, and other matters of form, the Office of Documents and Administrative Issuances shall not affect the validity of any document that is filed and published under the law.

305.4 The District of Columbia Register serves as the ongoing supplement to the District of Columbia Municipal Regulations. Each document that is subject to codification in the District of Columbia Municipal Regulations and published in the District of Columbia Register shall be cross-referenced to the District of Columbia Municipal Regulations.

305.5 Each rulemaking document submitted to the Office of Documents and Administrative Issuances for publication in the District of Columbia Register must comply fully with the format, style, and other requirements established for the District of Columbia Municipal Regulations.

305.6 The following documents are required to be submitted to the Office of Documents and Administrative Issuances for publication in the District of Columbia Register:

(a) Each act, law and resolution of the Council of the District of Columbia;

(b) Each notice of public hearing;

(c) Each notice of proposed, final, or emergency rulemaking;

(d) All administrative issuances of the Mayor, including orders and memoranda;

(e) Each document having general applicability and legal effect; and

(f) Other documents required by law to be published in the District of Columbia Register.

305.7 The Administrator of the Office of Documents and Administrative Issuances is authorized to publish the following documents in the District of Columbia Register:

(a) Documents requested to be published by the Chairperson of the Council or the Chairperson's designee;

(b) Documents requested to be published by the Joint Committee on Judicial Administration in the District of Columbia;

(c) Information on changes in the organization of the government of the District of Columbia;

(d) Notices of public hearings not required by law or regulation to be published in the District Columbia Register; and

(e) Documents requested to be published by the Mayor of the District of Columbia.

305.8 Whenever the Administrator determines that the publication of a document not required by § 305.6 or authorized by § 305.7 would be of general public interest, the Administrator may permit the document to be published in the District of Columbia Register.

305.9 The following documents are generally not authorized to be published in the District of Columbia Register, except as provided by § 305.8:

(a) Proclamations or other ceremonial documents;

(b) Notices of meetings or other activities, except for meetings required to be made open to the public pursuant to the Open Meetings Act, D.C. Official Code §§ 2-571 et seq. (2012 Repl.);

(c) Correspondence, memoranda, or internal agency documents;

(d) Press releases, news items, commentary, or editorials;

(e) Adjudicatory notices, opinions, or orders;

(f) Judicial Declaratory Orders;

(g) Resolutions, petitions, or recommendations submitted for consideration by the Council, Mayor, or an agency; and

(h) Employment information, job announcements, or position descriptions.

305.10 Without prejudice to any other form of citation, the District of Columbia Register shall be cited by volume and page number, and the short form “DCR” shall be used in the citation. The date of publication of the weekly edition should also generally be included in the citation. For example, material published on page 91 of Volume 61 of the District of Columbia Register on January 3, 2014 should be cited as “61 DCR 91 (January 3, 2014).”

305.11 Each document published in the District of Columbia Register shall be placed under one of the following table of contents categories, as indicated:

(a) COUNCIL OF THE DISTRICT OF COLUMBIA - Which shall contain all resolutions and approved acts of the Council, mayoral vetoes of Council acts, notices of D.C. Law numbers assigned, notices of filing and intent to consider legislation, notices of public hearings, and other documents requested to be published by the Chairperson;

(b) PUBLIC HEARINGS - Which shall contain all notices of public hearings issued by an agency or authorized for publication under § 305.7(d);

(c) FINAL RULEMAKING - Which shall contain all final rules, notices of final rulemaking and documents having general applicability and legal effect;

(d) PROPOSED RULEMAKING - Which shall contain all notices of intent to adopt rules or documents of general applicability and legal effect, except combined notices pursuant to § 305.11(e);

(e) EMERGENCY RULEMAKING - Which shall contain all notices of emergency rulemaking and combined notices of emergency and proposed rulemaking;

(f) NOTICES, OPINIONS, AND ORDERS - Which shall contain all other documents authorized for publication under §§ 305.7 or 305.8; and

(g) ADMINISTRATIVE ISSUANCES - Which shall contain all Mayor’s Orders, Mayor’s Memorandum, and Mayor’s Administrative Instructions.

305.12 The Office of Documents and Administrative Issuances will publish annually, within forty-five (45) days of the end of each Council year, a cumulative index of all matters published in the District of Columbia Register during the year. The complete index for each volume will also be published on a calendar year basis.

305.13 Beginning with Volume 27, in January 1980, complete volumes of the District of Columbia Register shall be published on a calendar year basis.1

305.14 The certification and publication of a document in the District of Columbia Register or District of Columbia Municipal Regulations creates a rebuttable legal presumption that the document was duly issued, adopted, prescribed, or enacted, and that all requirements of the Documents Act and the Administrative Procedure Act have been met.

SOURCE: Final Rulemaking published at 25 DCR 9855 (May 4, 1979); as amended by Final Rulemaking published at 28 DCR 4091 (September 18, 1981); as amended by Final Rulemaking published at 56 DCR 271 (January 9, 2009); as amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014).