D.C. Mun. Regs. tit. 8, r. 8-B128

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

Rule 8-B128 - FINAL RULEMAKING ACTION

128.1

All comments on proposed rules received during the notice period after publication of proposed rules in the D.C. Register shall be forwarded to the Office of the General Counsel.

128.2

The General Counsel shall inform the Board committee and the President of all recommended modifications to proposed rulemaking action prior to committee action on a final rulemaking recommendation.

128.3

The Board committee shall meet to consider comments received and other recommendations for modifications to proposed rules prior to making a recommendation to the Board for final adoption of the rule.

128.4

If no comments are received on a proposed rulemaking action, and no recommendations for modification of the proposed rules are received, other than minor technical corrections, the chairperson of the Board committee may forward the rules to the Board for final adoption without a meeting of or action by the committee.

128.5

The Board shall approve the adoption of final rules at a regular, special, or emergency meeting of the Board held after the expiration of the period for public notice and comment on the proposed rules. The provisions of this subsection may not be waived by the Board, and shall not be affected by the fact that no comments or recommendations are received by the Board during the public notice period.

128.6

After final action by the Board to adopt, amend, or repeal all or part of a rule, the Office of the General Counsel shall prepare a final rulemaking notice for publication in the D.C. Register.

128.7

Certification of Board approval of the rulemaking action shall be made by the President, the President's designee, or an employee of the Office of the General Counsel who witnessed the Board action.

128.8

The General Counsel shall ensure that the rules submitted for publication in the D.C. Register are identical to those approved by the Board. The provisions of this subsection shall not preclude minor technical corrections (such as the correction of errors in spelling, grammar, or numbers) made by the Office of the General Counsel prior to the submission of the rulemaking action to the D.C. Office of Documents and Administrative Issuances.

128.9

Unless the Board action adopting final rules provides a specific effective date, the effective date of the rules shall be the date of publication of the final rulemaking notice in the D.C. Register. An effective date specified by the Board may not be earlier than the date of publication of the notice of final rulemaking in the D.C. Register.

128.10

The adoption of a final rule by the Board and the publication of the final rule in the D.C. Register shall have the following effect on prior Board acts:

(a) Chapters, sections, or subsections of University Rules that are covered by the final rule and which were adopted prior to the effective date of the final rule are repealed;

(b) Any provision of a Board resolution that is inconsistent with the final rule is rescinded; and

(c) Any prior custom or practice of the University that is inconsistent with the final rule is rescinded and shall be discontinued after the effective date of the final rule.

D.C. Mun. Regs. tit. 8, r. 8-B128

Final Rulemaking published at 39 DCR 2296 (April 3, 1992); as amended by Final Rulemaking published at 57 DCR 6131, 6151 (July 16, 2010)

Authority: District of Columbia Public Postsecondary Education Reorganization Act Amendments ("Act") effective January 2, 1976 (D.C. Law 1-36; D.C. Official Code §§ 38-1202.01(a) )