D.C. Mun. Regs. tit. 1, r. 1-311

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 1-311 - NOTICES OF EMERGENCY RULEMAKING

311.1

A document that is submitted for publication as an Emergency Rulemaking, including any document that purports to adopt a new rule on an emergency basis or amend or repeal an existing rule on an emergency basis, shall be filed in accordance with the provisions of this section, in addition to other applicable provisions of this chapter.

311.2

A Notice of Emergency rulemaking may be combined with a Notice of proposed Rulemaking. Combined notices must meet the requirements of this section and the requirements of § 309.

311.3

The heading on each emergency rulemaking document shall state, in bold type and upper case print, the name of the agency promulgating the rule and the phrase "NOTICE OF EMERGENCY RULEMAKING." A combined notice of emergency and proposed rulemaking shall use the phrase "NOTICE OF EMERGENCY AND PROPOSED RULEMAKING."

311.4

The one hundred twenty (120) day maximum effective period for emergency rules begins on the date of adoption of the rules. A shorter period of effectiveness may be stated in the notice. Emergency rules may take effect on the date of adoption, on the date of publication in the District of Columbia Register, or on another date after adoption.

311.5

The text of the emergency 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 Emergency Rulemaking;

(b) A citation to the rule(s) being amended or repealed or a temporary citation for the new rule;

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

(d) A statement giving the justification for emergency rulemaking action which clearly explains why the action is necessary for the immediate preservation or promotion of the public peace, health, safety, welfare, or morals;

(e) The date of adoption of the emergency rule(s) and the effective date of the rule(s);

(f) The date of expiration of the emergency rule(s);

(h) If the notice is for combined emergency and proposed rulemaking, it shall include the language required by§ 309.3, and the requirements of § 309.4 must be met by the addition of the proper notice to the end of the text of the emergency and proposed rule(s); and

(i) A combined Notice of Emergency and Proposed Rulemaking shall state that the rule(s) will expire one hundred twenty (120) days after adoption (or a shorter stated period) or upon publication of final rules, whichever occurs first.

D.C. Mun. Regs. tit. 1, r. 1-311

Final Rulemaking published at 25 DCR 9855, 9871 (May 4, 1979); as amended by Final Rulemaking published at 28 DCR 4091, 4107 (September 18, 1981); and as amended by Final Rulemaking published at 56 DCR 271, 287 (January 9, 2009); as Amended by Final Rulemaking published at 61 DCR 11166 (October 24, 2014)