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District Of Columbia Council Bill B25-1022

District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-1022 Compare Versions

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1- ENROLLED ORIGINAL
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62 1
7-AN ACT
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9-________________
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11-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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13-____________________________
14- To amend, on an emergency basis, the District of Columbia Administrative Procedure Act t o
15-codify agency deference and clarify that a reviewing court or tribunal shall defer to an
16-agency’s reasonable interpretation of a statute or regulation it administers so long as that
17-interpretation is not plainly wrong or inconsistent with the statutory or regulatory
18-language or the legislature’s intent.
19- BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
20-act may be cited as the “Review of Agency Action Clarification Emergency Amendment Act of
21-2024”.
22-
23-Sec. 2. Section 110 of the District of Columbia Administrative Procedure Act , approved
24-October 21, 1968 ( 82 Stat. 1209; D.C. Official Code § 2- 510), is amended as follows:
25-(a) Subsection (a)(1) is amended by striking the phrase “So far as necessary” and
26-inserting the phrase “Subject to subsections (c) and (d) of this section and so far as necessary” in
27-its place.
28-(b) New subsections (c) and (d) are added to read as follows:
29-“(c) In reviewing an order or decision of the Mayor or an agency in any court or
30-administrative proceeding, including but not limited to proceedings under subsection (a) of this section, the reviewing tribunal shall defer to the Mayor ’s or agency’s reasonable interpretation of
31-a statute or regulation it administers; provided, that the interpretation is not plainly wrong, or
32-inconsistent with the statutory or regulatory language or the legislature’s intent.
33-“(d) In reviewing a rule adopted by the Mayor or an agency, the reviewing tribunal shall
34-defer to the Mayor’s or agency’s reasonable interpretation of a statute it administers, provided
35-that the interpretation is not plainly wrong or inconsistent with the statutory language or the legislature’s intent.”.
36- Sec. 3. Fiscal impact statement .
37-The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
38-statement required by section 4a of the General Legislative Procedures Act of 1975, approved
39-October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
40- ENROLLED ORIGINAL
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3+ ______________________________ 1
4+ Chairman Phil Mendelson 2
5+ 3
6+ 4
7+A BILL 5
8+ 6
9+________ 7
10+ 8
11+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 9
12+ 10
13+________________ 11
14+ 12
15+To amend, on an emergency basis, the District of Columbia Administrative Procedure Act to 13
16+codify agency deference and clarify that a reviewing court or tribunal shall defer to an 14
17+agency’s reasonable interpretation of a statute or regulation it administers so long as that 15
18+interpretation is not plainly wrong, or inconsistent with the statutory or regulatory 16
19+language or legislature’s intent. 17
20+ 18
21+ BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 19
22+act may be cited as the “Review of Agency Action Clarification Emergency Amendment Act of 20
23+2024”. 21
24+Sec. 2. Section 110 of the District of Columbia Administrative Procedure Act, approved 22
25+October 21, 1968 (82 Stat. 1209; D.C. Official Code § 2-510), is amended as follows: 23
26+(a) Subsection (a)(1) is amended by striking the phrase “So far as necessary” and 24
27+inserting the phrase “Subject to subsections (c) and (d) of this section and so far as necessary” in 25
28+its place. 26
29+(b) New subsections (c) and (d) are added to read as follows: 27
30+“(c) In reviewing an order or decision of the Mayor or an agency in any court or 28
31+administrative proceeding, including but not limited to proceedings under subsection (a) of this 29
32+section, the reviewing tribunal shall defer to the Mayor or agency’s reasonable interpretation of a 30
33+statute or regulation it administers, provided that the interpretation is not plainly wrong, or 31
34+inconsistent with the statutory or regulatory language or the legislature’s intent. 32
4535 2
46- Sec. 4. Effective date.
47-This act shall take effect following approval by the Mayor (or in the event of veto by the
48-Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1- 204.12(a)).
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50-
51-______________________________ Chairman
52-Council of the District of Columbia
53- _________________________________ Mayor
54-District of Columbia
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36+“(d) In reviewing a rule adopted by the Mayor or an agency, the reviewing tribunal shall 33
37+defer to the Mayor or agency’s reasonable interpretation of a statute it administers, provided that 34
38+the interpretation is not plainly wrong, or inconsistent with the statutory language or the 35
39+legislature’s intent.”. 36
40+Sec. 3. Fiscal impact. 37
41+The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 38
42+statement required by section 4a of the General Legislative Procedures Act of 1975, approved 39
43+October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 40
44+ Sec. 4. Effective date. 41
45+This act shall take effect following approval by the Mayor (or in the event of veto by the 42
46+Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 43
47+90 days, as provided for emergency acts of the Council of the District of Columbia in section 44
48+412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 45
49+D.C. Official Code § 1-204.12(a)). 46