MAYOR AND EXECUTIVE AGENCIES - RULES OF THE OFFICE OF DOCUMENTS AND ADMINISTRATIVE ISSUANCES - NOTICES OF FINAL RULEMAKING


Published: 2014-10-24

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310 NOTICES OF FINAL RULEMAKING

310.1 A Notice of Final Rulemaking that is submitted for publication, including rulemakings that give notice of the adoption of a new rule, the amendment of an existing rule, or the repeal of an existing rule, shall be filed in accordance with the provisions of this section, and any other applicable provisions of this chapter.

310.2 The heading of each Notice Final Rulemaking document shall state, in bold type or upper case print, the name of the agency promulgating the rule and the phrase “NOTICE OF FINAL RULEMAKING.”

310.3 The text of the final rule(s) shall be preceded by a notice that shall contain the following:

a) The name of the promulgating official or body authorized to issue the rule(s), citation to the Act, law or Mayor’s Order, authorizing the agency to promulgate the rule(s) in the Notice of Final Rulemaking;

b) A citation to the rule(s) being amended or repealed or the proposed citation of the new rule(s);

c) The title, chapter, and section numbers, and a brief description of the rule(s);

d) A citation to the Notice(s) of Proposed Rulemaking previously published in the District of Columbia Register;

e) The date on which the final action was taken;

f) The effective date of the final rule(s). If no effective date is stated, it will be presumed that the rule(s) will become effective on the date of publication of a Notice of Final Rulemaking in the District of Columbia Register.; and

g) Unless otherwise stated in a law or act, the effective date of any rule directly enacted by law or act of the District of Columbia shall be the effective date, as published in a notice in the District of Columbia Register, of the law or act that enacts the rule.

310.4 The Administrator may omit publication of the entire text of a Final Rulemaking document if the final text is identical to the text published with the Notice of Proposed Rulemaking.

310.5 If the text of a rulemaking document is substantially altered from the text published with the notice of proposed rulemaking, the promulgating agency must re-submit the text as a proposed rule, pursuant to § 309. An agency does not have to wait the full notice period before re-filing an altered proposed rule. A new notice period begins upon re-publication; provided, however, that the new notice period does not decrease the overall comment period.

310.6 For the purposes of this chapter, “substantial alteration” of the text shall not include the following:

(a) Re-arrangement or renumbering of portions of the text; provided, however, that such re-arrangement or renumbering does not change the meaning of the text;

(b) Re-wording to correct errors in format or style; and

(c) Re-wording of the document, including the addition or deletion of material, that serves to clarify the intent, meaning, or application of the rule(s) and that does not substantially change the intent, meaning, or application of the proposed rule(s) or exceed the scope of the rule(s) as published with the notice of proposed rulemaking, as determined by the Office of Documents and Administrative Issuances.

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).