District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-1022 Latest Draft

Bill / Enrolled Version Filed 11/12/2024

                              	ENROLLED ORIGINAL 
 
 
 
 
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AN ACT 
 
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 
 
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  	To amend, on an emergency basis, the District of Columbia Administrative Procedure Act t	o 
codify agency deference 	and clarify that a reviewing court or tribunal shall defer to an 
agency’s reasonable interpretation of a statute or regulation it administers so long as that 
interpretation is not plainly wrong or inconsistent with the statutory or regulatory 
language or the legislature’s intent. 
  BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 
act may be cited as the “Review of Agency Action Clarification Emergency Amendment Act of 
2024”. 
 
Sec. 2. Section 110 of the District of Columbia Administrative Procedure Act	, approved 
October 21, 1968 (	82 Stat. 1209; D.C. Official Code § 2-	510), is amended as follows: 
(a) Subsection (a)(1) is amended by striking the phrase “So far as necessary” and 
inserting the phrase “Subject to subsections (c) and (d) of this section and so far as necessary” in 
its place. 
(b) New subsections (c) and (d) are added to read as follows: 
“(c) In reviewing an order or decision of the Mayor or an agency in any court or 
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 
a statute or regulation it administers; provided, that the interpretation is not plainly wrong, or 
inconsistent with the statutory or regulatory language or the legislature’s intent. 
“(d) In reviewing a rule adopted by the Mayor or an agency, the reviewing tribunal shall 
defer to the Mayor’s or agency’s reasonable interpretation of a statute it administers, provided 
that the interpretation is not plainly wrong or inconsistent with the statutory language or the 	legislature’s intent.”. 
 	Sec. 3. Fiscal impact statement	. 
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-	301.47a).  
    	ENROLLED ORIGINAL 
 
 
 
 
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  Sec. 4. Effective date. 
This act shall take effect following approval by the Mayor (or in the event of veto by the 
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)). 
 
 
______________________________ Chairman 
Council of the District of Columbia 
 _________________________________ Mayor 
District of Columbia