For purposes of this subchapter:
(1) The terms “Mayor,” “Council,” “District,” “agency,” “rule,” “rulemaking,” “person,” “licensing”, “publish,” and “regulation” (except when used in the term “District of Columbia Municipal Regulation”) shall have the meaning provided in § 2-502.
(2) The terms “Commissioner,” “District of Columbia Council,” “Chairman,” “act,” and “District of Columbia courts” shall have the meaning provided in § 1-203.01.
(3) The term “Administrator” means the person appointed by the Mayor to supervise and control the District of Columbia Office of Documents in accordance with § 2-611.
(4) The phrase “D.C. Official Code” means the Code of the District of Columbia laws as provided for in Chapter 3 of Act of July 30, 1947 (61 Stat. 636) and any continuations, supplements, or revisions thereof authorized by act, congressional resolution, or act.
(5)(A) The phrase “document having general applicability and legal effect” means any document issued under lawful authority prescribing a sanction or course of conduct, conferring a right, privilege, authority, or immunity or imposing an obligation, and applicable to the general public, members of a class or persons in a locality, as distinguished from named individuals or organizations.
(B) The phrase “document having general applicability and legal effect” does not include any act to be codified in the District of Columbia Code or a personnel manual or internal staff directive solely applicable to employees or agents of the District of Columbia, or any statement for guiding, directing or otherwise regulating vehicular or pedestrian traffic, including any statement controlling parking, standing, stopping or a construction detour; provided, that:
(i) The contents of the statement are indicated to the public on one or more signs, signals, meters, markings or other similar devices located on or adjacent to a street, avenue, road, highway or other public space;
(ii) The proposed installation, modification or removal of the statement is based on engineering or other technical considerations;
(iii) The proposed installation, modification or removal of the statement does not involve substantial policy considerations; and
(iv) The Council and the affected Advisory Neighborhood Commissions (“ANC”) are provided with 30 days' written notice, or 10 days' written notice if the District Department of Transportation has published brief reasoning on its website describing how the proposed installation, modification, or removal will increase safety at a location identified as a high risk intersection or corridor in the Multimodal Long-Range Transportation Plan, via electronic delivery, excluding Saturdays, Sundays and legal holidays, of an agency’s intent to install, modify or remove any of these statements, and any ANC recommendation, if provided, is given great weight pursuant to § 1-309.10; provided, that the Council and the affected ANC may elect to receive written notice by means other than electronic delivery by notifying the Mayor of that preference.
(Oct. 21, 1968, Pub. L. 90-614, title III, § 301; as added Mar. 6, 1979, D.C. Law 2-153, § 4, 25 DCR 6960; Apr. 3, 2001, D.C. Law 13-249, § 3, 48 DCR 662; Apr. 7, 2006, D.C. Law 16-91, § 134, 52 DCR 10637; Sept. 24, 2010, D.C. Law 18-223, § 1083(a), 57 DCR 6242; Oct. 22, 2015, D.C. Law 21-36, § 6122, 62 DCR 10905; Dec. 23, 2020, D.C. Law 23-158, § 2(b), 67 DCR 13057.)
1981 Ed., § 1-1531.
1973 Ed., § 1-1531.
Effect of Amendments
D.C. Law 13-249, in par. (5), designated the first sentence as subpar. (A), and added subpar. (B).
D.C. Law 16-91, in subpar. (5)(A), deleted the sentence which had read as follows: “The phrase ‘document having general applicability and legal effect’ does not include any act to be codified in the D.C. Official Code or a personnel manual or internal staff directive solely applicable to employees or agents of the District of Columbia.”
D.C. Law 18-223, in par. (1), substituted “licensing”, “publish,” for “licensing,”.
The 2015 amendment by D.C. Law 21-36, in (5)(B)(iv), substituted “30-days notice via electronic delivery” for “30-days written notice” and added “provided, that the Council and the affected ANC may elect to receive written notice by means other than electronic delivery by notifying the Mayor of that preference.”
For temporary (90 day) amendment of section, see § 1083(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
For temporary (90 days) amendment of this section, see § 6122 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).