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 a temporary 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 Temporary 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.
(a) 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 a 30-day period of congressional
review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)).
(b) This act shall expire after 225 days of its having taken effect.
___________________________________ Chairman
Council of the District of Columbia
_________________________________ Mayor
District of Columbia