Chapter 28. General License Law. | D.C. Law Library Skip to main content Toggle mobile menu Navigation D.C. Law Library Code of the District of Columbia Title 47. Taxation, Licensing, Permits, Assessments, and Fees. [Enacted title] Chapter 28. General License Law. Code of the District of Columbia Chapter 28. General License Law. Subchapter I. Specific Licensing Provisions. § 47–2801. Licenses for business or profession; application; transfer of license; signing and sealing. [Repealed] Repealed. (July 1, 1902, 32 Stat. 622, ch. 1352, § 7, par. 1; July 1, 1932, 47 Stat. 550, ch. 366; Apr. 30, 1988, D.C. Law 7-104, § 43(a), 35 DCR 147; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 29, 1998, D.C. Law 12-86, § 101(c), 45 DCR 1172.) Prior Codifications 1981 Ed., § 47-2801. 1973 Ed., § 47-2301. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Editor's Notes D.C. Law 12-261, title II, § 2003(pp)(6) ( 46 DCR 3142), eff. April 20, 1999, amends § 47-2805 without reference to its prior repeal by D.C. Law 12-86. § 47–2802. Compliance with fire escape laws and regulations required for license. [Repealed] Repealed. (July 1, 1902, 32 Stat. 623, ch. 1352, § 7, par. 2; July 1, 1932, 47 Stat. 550, ch. 366; July 22, 1947, 61 Stat. 402, ch. 296, § 1; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 29, 1998, D.C. Law 12-86, § 101(c), 45 DCR 1172.) Prior Codifications 1981 Ed., § 47-2802. 1973 Ed., § 47-2302. Editor's Notes Department of Inspections abolished: The Department of Inspections was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 55 of the Board of Commissioners, dated June 30, 1953, and amended August 13, 1953, and December 17, 1953, established under the direction and control of a Commissioner, a Department of Licenses and Inspections headed by a Director. The Order set out the purpose, organization, and functions of the new department. The Order provided that all of the functions and positions of the following named organizations were transferred to the new Department of Licenses and Inspections: The Department of Inspections including the Engineering Section, the Building Inspection Section, the Electrical Section, the Elevator Inspection Section, the Fire Safety Inspection, the Plumbing Inspection Section, the Smoke and Boiler Inspection Section, and the Administrative Section, and similarly the Department of Weights, Measures and Markets, the License Bureau, the License Board, the License Committee, the Board of Special Appeals, the Board for the Condemnation of Dangerous and Unsafe Buildings, and the Central Permit Bureau. The Order provided that in accordance with the provisions of Reorganization Plan No. 5 of 1952, the named organizations were abolished. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions vested in the Department of Licenses and Inspection by Reorganization Order No. 55 were transferred to the Director of the Department of Economic Development by Commissioner’s Order No. 69-96, dated March 7, 1969. The Department of Economic Development was replaced by Mayor’s Order No. 78-42, dated February 17, 1978, which Order established the Department of Licenses, Investigation and Inspections. Office of Chief Engineer abolished: The Office of Chief Engineer of the Fire Department was abolished and all functions of that office transferred to and vested in the Fire Chief. The Deputy Chief Engineer of the Fire Department was designated “Deputy Fire Chief,” and the Battalion Chief Engineer was designated “Battalion Fire Chief” by Reorganization Order No. 6, dated September 16, 1952, issued pursuant to Reorganization Plan No. 5 of 1952. Reorganization Order No. 38, dated June 18, 1953, established a Fire Department headed by the Fire Chief. The Fire Chief was given full authority over the Department to be exercised in accordance with applicable laws, rules and regulations. The Order set up the organization of the Department, and provided that the previously existing Fire Department was abolished and its functions transferred to the new Department. This Order was issued pursuant to Reorganization Plan No. 5 of 1952. D.C. Law 12-261, title II, § 2003(pp)(6) ( 46 DCR 3142), eff. April 20, 1999, amends § 47-2805 without reference to its prior repeal by D.C. Law 12-86. Delegation of Authority Delegation of authority pursuant to an Act Making Appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes, see Mayor’s Order 98-139, August 20, 1998 ( 45 DCR 6591). § 47–2803. Revocation of theater license for failure to comply with public decency regulations. [Repealed] Repealed. (July 1, 1902, 32 Stat. 623, ch. 1352, § 7, par. 3; July 1, 1932, 47 Stat. 551, ch. 366; enacted, Apr. 9, 1997, D.C. Law 11-254,§ 2, 44 DCR 1575; Apr. 29, 1998, D.C. Law 12-86, § 101(c), 45 DCR 1172.) Prior Codifications 1981 Ed., § 47-2803. 1973 Ed., § 47-2303. Editor's Notes D.C. Law 12-103, § 12 ( 45 DCR 1660), eff. May 8, 1998, provided for the temporary amendment of this section subsequent to its repeal by D.C. Law 12-86. Section 16(b) of D.C. Law 12-103 provided for expiration “after 225 days of its having taken effect.” D.C. Law 12-210, § 11(b) ( 45 DCR 8459), eff. April 13, 1999, provided for the temporary amendment of § 47-2801 without reference to its repeal by D.C. Law 12-86. Section 15(b) of D.C. Law 12-210 provided for expiration “after 225 days of its having taken effect.” D.C. Law 12-261, title II, § 2003(pp)(6) ( 46 DCR 3142), eff. April 20, 1999, amends § 47-2805 without reference to its prior repeal by D.C. Law 12-86. § 47–2804. Separate license for each business, trade, or profession by same person; place of business restricted to that designated in license; operation under license by others prohibited. [Repealed] Repealed. (July 1, 1902, 32 Stat. 623, ch. 1352, § 7, par. 2; July 1, 1932, 47 Stat. 550, ch. 366; July 22, 1947, 61 Stat. 402, ch. 296, § 1; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 29, 1998, D.C. Law 12-86, § 101(c), 45 DCR 1172.) Prior Codifications 1981 Ed., § 47-2804. 1973 Ed., § 47-2304. Editor's Notes D.C. Law 12-103, § 12 ( 45 DCR 1660), eff. May 8, 1998, provided for the temporary amendment of this section subsequent to its repeal by D.C. Law 12-86. Section 16(b) of D.C. Law 12-103 provided for expiration “after 225 days of its having taken effect.” D.C. Law 12-210, § 11(b) ( 45 DCR 8459), eff. April 13, 1999, provided for the temporary amendment of § 47-2801 without reference to its repeal by D.C. Law 12-86. Section 15(b) of D.C. Law 12-210 provided for expiration “after 225 days of its having taken effect.” D.C. Law 12-261, title II, § 2003(pp)(6) ( 46 DCR 3142), eff. April 20, 1999, amends § 47-2805 without reference to its prior repeal by D.C. Law 12-86. § 47–2805. Establishment of licensing periods by Mayor; prorating for late application. [Repealed] Repealed. (July 1, 1902, 32 Stat. 623, ch. 1352, § 7, par. 2; July 1, 1932, 47 Stat. 550, ch. 366; July 22, 1947, 61 Stat. 402, ch. 296, § 1; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 29, 1998, D.C. Law 12-86, § 101(c), 45 DCR 1172.) Prior Codifications 1981 Ed., § 47-2805. 1973 Ed., § 47-2305. References in Text “This act”, referred to in the first sentence of this section, is 32 Stat. 590, ch. 1352, approved July 1, 1902. Editor's Notes D.C. Law 12-261, title II, § 2003(pp)(6) ( 46 DCR 3142), eff. April 20, 1999, amends § 47-2805 without reference to its prior repeal by D.C. Law 12-86. § 47–2805.01. Establishment of licensing periods by Mayor; prorating for late application. [Repealed] [Repealed]. (Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(6), 46 DCR 3142; Apr. 12, 2000, D.C. Law 13-91, § 157(d)(1), 47 DCR 520; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(1), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2805.1. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(1) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2805.02. Requirement for social security number. [Repealed] [Repealed]. (Apr. 3, 2001, D.C. Law 13-269, § 112(c), 48 DCR 1270; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(2), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(2) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) addition of section, see § 112(c) of Child Support and Welfare Reform Compliance Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-5, February 13, 2001, 48 DCR 2440). Temporary Legislation For temporary (225 day) addition of section, see § 111(c) of Child Support and Welfare Reform Compliance Temporary Amendment Act of 2000 (D.C. Law 13-207, March 31, 2001, law notification 48 DCR 3238). § 47–2806. Licenses to be posted on premises; exhibition to police. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 623, ch. 1352, § 7, par. 6; July 1, 1932, 47 Stat. 551, ch. 366; Apr. 30. 1988, D.C. Law 7-104, § 43(c), 35 DCR 147; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(3), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2806. 1973 Ed., § 47-2306. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(3) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2807. Construction and definition of terms. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 623, ch. 1352, § 7, par. 7; July 1, 1932, 47 Stat. 551, ch. 366; Apr. 30, 1988, D.C. Law 7-104, § 43(d), 35 DCR 147; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(4), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2807. 1973 Ed., § 47-2307. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(4) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2808. Auctioneers; temporary licenses; penalty for failure to account. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 623, ch. 1352, § 7, par. 9; July 1, 1932, 47 Stat. 552, ch. 366; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Sept. 14, 1976, D.C. Law 1-82, title I, § 104(c), 23 DCR 2461; Oct. 5, 1985, D.C. Law 6-42, § 469(a), 32 DCR 4450; Feb. 24, 1987, D.C. Law 6-181, § 2, 33 DCR 7664; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(7), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(A), 50 DCR 6913; Apr. 27, 2012, D.C. Law 19-124, § 501(n)(2), 59 DCR 1862; June 11, 2013, D.C. Law 19-317, § 286(q), 60 DCR 2064; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(5), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2808. 1973 Ed., § 47-2309. Effect of Amendments D.C. Law 15-38, in subsec. (d), substituted “an Inspected Sales and Services endorsement to a basic business license under the basic” for “a Class A Inspected Sales and Services endorsement to a master business license under the master”. D.C. Law 19-124, in subsec. (b), substituted “[§ 1-1163.38]” for “§ 1-1104.03”. The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than $1,000” in (c). Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(5) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(A) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). For temporary (90 day) amendment of section, see § 401(n)(2) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683). For temporary (90 days) amendment of this section, see § 286(q) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). § 47–2809. Barbershops and beauty parlors. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 624, ch. 1352, § 7, par. 10; July 1, 1932, 47 Stat. 552, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(d), 23 DCR 2461; Sept. 26, 1995, D.C. Law 11-52, § 302(a), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(8), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(B), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(6), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2809. 1973 Ed., § 47-2310. Section References This section is referenced in § 47-2810. Effect of Amendments D.C. Law 15-38, in subsec. (b), substituted “Public Health: Public Accommodations endorsement to a basic business license under the basic” for “Class A Public Health: Public Accommodations endorsement to a master business license under the master”. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(6) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(B) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2809.01. Body art establishments. [Repealed] [Repealed]. (Oct. 23, 2012, D.C. Law 19-193, § 3(b), 59 DCR 10388; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(7), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(7) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2810. Conventions of national associations of hairdressers or cosmetologists exempted. [Repealed] [Repealed]. (Aug. 4, 1955, 69 Stat. 485, ch. 544, § 1; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(8), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2810. 1973 Ed., § 47-2310a. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(8) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2811. Massage establishments; Turkish, Russian, or medicated baths. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 624, ch. 1352, § 7, par. 11; July 1, 1932, 47 Stat. 552, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(e), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(9), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(C), 50 DCR 6913; Dec. 10, 2009, D.C. Law 18-88, § 224, 56 DCR 7413; June 19, 2013, D.C. Law 19-320, § 511, 60 DCR 3390; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(9), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2811. 1973 Ed., § 47-2311. Effect of Amendments D.C. Law 15-38, in subsec. (b), substituted “Public Health: Public Accommodations endorsement to a basic business license under the basic” for “Class A Public Health: Public Accommodations endorsement to a master business license under the master”. D.C. Law 18-88 rewrote subsec. (a), which had read as follows: “(a) Owners or managers of massage establishments and Turkish, Russian, or medicated baths shall pay a license fee of $300 per annum. No license shall be issued under this section without the approval of the Chief of Police. It shall be unlawful for any female to give or administer massage treatment or any bath to any person of the male sex, or for any person of the male sex to give or administer massage treatment or any bath to any person of the female sex, in any establishment licensed under this section. Any person violating the provisions of this section shall, upon conviction, be punished as hereinafter provided in this chapter; and, in addition to such penalty, it shall be the duty of the Mayor of the District of Columbia to revoke the license of the owner or manager of the establishment wherein the provisions of this section shall have been violated.” The 2013 amendment by D.C. Law 19-320 repealed (b), which read: “Any license issued pursuant to this section shall be issued as a Public Health: Public Accommodations endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter.” Cross References Administrative procedure, generally, see § 2-501 et seq. Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(9) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(C) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). For temporary (90 day) amendment of section, see § 224 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903). For temporary (90 day) amendment of section, see § 224 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668). For temporary repeal of (b), see § 511 of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017). For temporary (90 days) amendment of this section, see § 511 of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281). § 47–2812. Public baths. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 624, ch. 1352, § 7, par. 12; July 1, 1932, 47 Stat. 552, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(f), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(10), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2812. 1973 Ed., § 47-2312. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(10) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2813. Keeping or storing of moving picture films. [Repealed] Repealed. (July 1, 1902, 32 Stat. 624, ch. 1352, § 7, par. 13; July 1, 1932, 47 Stat. 552, ch. 366; enacted, Apr. 9, 1997, D.C. Law 11-254,§ 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(10), 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2813. 1973 Ed., § 47-2313. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. § 47–2814. Gasoline, kerosene, oils, fireworks, and explosives. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 624, ch. 1352, § 7, par. 14; July 1, 1932, 47 Stat. 552, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(g), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(11), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(D), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(11), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2814. 1973 Ed., § 47-2314. Section References This section is referenced in § 36-302.01. Effect of Amendments D.C. Law 15-38, in subsec. (g), substituted “an Environmental Materials endorsement to a basic business license under the basic” for “a Class A Environmental Materials endorsement to a master business license under the master”. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Mayor, Council and other offices, police power regulations, authorization, see § 1-303.01. Mayor, Council and other offices, weapons regulation, authorization, see § 1-303.43. Retail service stations, declaration of intent to sell, supply or distribute motor fuels, notice of intent to discontinue, see § 36-302.01. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(11) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(D) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2815. Pyroxylin. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 624, ch. 1352, § 7, par. 15; July 1, 1932, 47 Stat. 552, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(h), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(12), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(E), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(12), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2815. 1973 Ed., § 47-2315. Effect of Amendments D.C. Law 15-38, in subsec. (b), substituted “an Environmental Materials endorsement to a basic business license under the basic” for “a Class A Environmental Materials endorsement to a master business license under the master”. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(12) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(E) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2816. Abattoirs or slaughterhouses. [Repealed] Repealed. (July 1, 1902, 32 Stat. 624, ch. 1352, § 7, par. 16; July 1, 1932, 47 Stat. 553, ch. 366; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(13), 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2816. 1973 Ed., § 47-2316. Editor's Notes Office of Director of Public Health abolished: Section 1 of the Act of August 1, 1950, 64 Stat. 393, ch. 513, provided that the Health Officer of the District of Columbia would be known as the Director of Public Health. The Health Department of the District of Columbia, including the office of the head thereof, was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 57 of the Board of Commissioners, dated June 30, 1953, and Reorganization Order No. 52, dated June 30, 1953, combined and redesignated Organization Order No. 141, dated February 11, 1964, established under the direction and control of a Commissioner, a Department of Public Health headed by a Director, for the purpose of planning, implementing, and directing public health and hospital care programs, and for performing certain other allied medical and paramedical functions. The Anatomical Board was established under the direction and control of the Director of Public Health consisting of members as prescribed in the D.C. Code. The Order prior to redesignation abolished the previously existing Health Department, Gallinger Hospital, Glenn Dale Sanatorium, and the Anatomical Board and transferred their functions and positions to the new Department. The organization of the new Department was set out in the Order. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions stated in Organization Order No. 141 were transferred to the Director of the Department of Human Resources by Commissioner’s Order No. 69-96, dated March 7, 1969, as amended by Commissioner’s Order No. 70-83, dated March 6, 1970. The Department of Human Resources was replaced by Reorganization Plan No. 2 of 1979, dated February 21, 1980, which Plan established the Department of Human Services. § 47–2817. Laundries; dry cleaning and dyeing establishments. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 17; July 1, 1932, 47 Stat. 553, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(i), 23 DCR 2461; Sept. 26, 1995, D.C. Law 11-52, § 302(b), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(14), 46 DCR 3142; Apr. 12, 2000, D.C. Law 13-91, § 157(d)(2), 47 DCR 520; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(F), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(13), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2817. 1973 Ed., § 47-2317. Effect of Amendments D.C. Law 15-38, in subsec. (c)(2), substituted “an Environmental Materials endorsement to a basic business license under the basic” for “a Class A Environmental Materials endorsement to a master business license under the master”; and in subsec. (d), substituted “General Services and Repair endorsement to a basic business license under the basic” for “Class B General Services and Repair endorsement to a master business license under the master”. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(13) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(F) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2818. Mattress manufacture, renovation, storage, or sale; “mattress” defined. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 18; July 1, 1932, 47 Stat. 553, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(j), 23 DCR 2461; Sept. 26, 1995, D.C. Law 11-52, § 302(c), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(15), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(G), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(14), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2818. 1973 Ed., § 47-2318. Effect of Amendments D.C. Law 15-38, in subsec. (a)(2), substituted “Manufacturing endorsement to a basic business license under the basic” for “Class A Manufacturing endorsement to a master business license under the master”; and in subsec. (b)(2), substituted “General Sales endorsement to a basic business license under the basic” for “Class B General Sales endorsement to a master business license under the master”. Cross References Mattresses, manufacture, renovation and sale, see § 8-501 et seq. Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(14) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(G) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2819. Slot machines. [Repealed] Repealed. (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 19; July 1, 1932, 47 Stat. 553, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I,§ 104(k), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(16), 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2819. 1973 Ed., § 47-2319. § 47–2820. Theaters, moving pictures, skating rinks, dances, exhibitions, lectures, entertainments; assignment of police and firemen and additional fees based thereon; hours minors are prohibited on premises. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 20; July 1, 1932, 47 Stat. 553, ch. 366; June 29, 1948, 62 Stat. 1109, ch. 735, §§ 1, 2; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(l), 23 DCR 2461; Mar. 11, 1988, D.C. Law 7-88, § 2, 35 DCR 164; Sept. 29, 1992, D.C. Law 9-160, § 2, 39 DCR 5694; Sept. 26, 1995, D.C. Law 11-52, § 302(d), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(17), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(H), 50 DCR 6913; Sept. 30, 2004, D.C. Law 15-187, § 302(a), 51 DCR 6525; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(1), 52 DCR 2638; Apr. 11, 2020, D.C. Law 23-71, § 4, 67 DCR 2096; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(15), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2820. 1973 Ed., § 47-2320. Effect of Amendments D.C. Law 15-38, in subsec. (e), substituted “an Entertainment endorsement to a basic business license under the basic” for “a Class A Entertainment endorsement to a master business license under the master”. D.C. Law 15-187, in subsec. (b-2), substituted “Title 25, and which holds a certificate of occupancy for less than 401 persons,” for “Title 25 shall be exempt from the provisions of subsection (b-1)”. D.C. Law 15-354, in subsec. (b-2), validated a previously made technical correction. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Reimbursable details, §  25-798. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(15) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. References in Text Title 25, referred to in subsection (b-2) of this section, was amended and enacted by D.C. Law 13-298, effective May 3, 2001. Chapter 1 of former Title 25 embraced all sections in that title. For current provisions of Title 25, see § 25-101 et seq. Delegation of Authority Delegation of authority under D.C. Law 9-160, the District of Columbia Public Hall Regulation Amendment Act of 1992, see Mayor’s Order 92-130, October 22, 1992. § 47–2821. Bowling alleys; billiard and pool tables; games. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 21; July 1, 1932, 47 Stat. 553, ch. 366; Apr. 14, 1937, 50 Stat. 63, ch. 77; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(m), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(18), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-32, § 2, 50 DCR 6565; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(I), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(16), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2821. 1973 Ed., § 47-2321. Effect of Amendments D.C. Law 15-32, in subsec. (a), deleted the last sentence which had read as follows: “All establishments licensed under this section shall be closed during the entire 24 hours of each and every Sunday and between the hours of 1:00 a.m. and 8:00 a.m. on the secular days of the week; provided, however, that bowling alley establishments licensed under this section shall be closed at midnight on Saturday night and shall remain closed until 2:00 p.m.” D.C. Law 15-38, in subsec. (b), substituted “an Entertainment endorsement to a basic business license under the basic” for “a Class A Entertainment endorsement to a master business license under the master”. Cross References Administrative procedure, generally, see § 2-501 et seq. Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(16) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 2 of Bowling Alley and Billiard Parlor Emergency Act of 2002 (D.C. Act 14-594, January 7, 2003, 50 DCR 644). For temporary (90 day) amendment of section, see § 3(hh)(4)(I) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). Temporary Legislation For temporary (225 day) amendment of section, see § 2 of Bowling Alley and Billiard Parlor Temporary Act of 2002 (D.C. Law 14-289, April 4, 2003, law notification 50 DCR 5847). Editor's Notes Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated “Deputy Chief of Police, Executive Officer”; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated “Deputy Chief of Police, Chief of Detectives”; and each other Assistant Superintendent of the Metropolitan Police was designated “Deputy Chief of Police” by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966. § 47–2822. Shooting galleries. [Repealed] Repealed. (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 22; July 1, 1932, 47 Stat. 554, ch. 366; enacted, Apr. 9, 1997, D.C. Law 11-254,§ 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(19), 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2822. 1973 Ed., § 47-2322. Editor's Notes Office of Inspector of Buildings abolished: Section 3 of the Act of December 20, 1944, 58 Stat. 822, ch. 611, transferred all the duties, powers, rights, and authority of the Inspector of Buildings of the District of Columbia to the Director of Inspection of the District of Columbia. The Department of Inspections was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 55 of the Board of Commissioners, dated June 30, 1953, and amended August 13, 1953, and December 17, 1953, established under the direction and control of a Commissioner, a Department of Licenses and Inspections headed by a Director. The Order set out the purpose, organization, and functions of the new department. The Order provided that all of the functions and positions of the following named organizations were transferred to the new Department of Licenses and Inspections: The Department of Inspections including the Engineering Section, the Building Inspection Section, the Electrical Section, the Elevator Inspection Section, the Fire Safety Inspection Section, the Plumbing Inspection Section, the Smoke and Boiler Inspection Section, and the Administrative Section, and similarly the Department of Weights, Measures and Markets, the License Bureau, the License Board, the License Committee, the Board of Special Appeals, the Board for the Condemnation of Dangerous and Unsafe Buildings, and the Central Permit Bureau. The Order provided that in accordance with the provisions of Reorganization Plan No. 5 of 1952, the named organizations were abolished. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Functions vested in the Department of Licenses and Inspection by Reorganization Order No. 55 were transferred to the Director of the Department of Economic Development by Commissioner’s Order No. 69-96, dated March 7, 1969. The Department of Economic Development was replaced by Mayor’s Order No. 78-42, dated February 17, 1978, which Order established the Department of Licenses, Investigation and Inspections. Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated “Deputy Chief of Police, Executive Officer”; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated “Deputy Chief of Police, Chief of Detectives”; and each other Assistant Superintendent of the Metropolitan Police was designated “Deputy Chief of Police” by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966. § 47–2823. Baseball, football, and athletic exhibitions; assignment of police and firemen; amusement parks. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 23; July 1, 1932, 47 Stat. 554, ch. 366; June 29, 1948, 62 Stat. 1109, ch. 735, § 3; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(n), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(20), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(J), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(17), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2823. 1973 Ed., § 47-2323. Effect of Amendments D.C. Law 15-38, in subsec. (c), substituted “an Entertainment endorsement to a basic business license under the basic” for “a Class A Entertainment endorsement to a master business license under the master”. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(17) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(J) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2824. Swimming pools. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 625, ch. 1352, § 7, par. 24; July 1, 1932, 47 Stat. 554, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(o), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(21), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(K), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(18), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2824. 1973 Ed., § 47-2324. Effect of Amendments D.C. Law 15-38, in subsec. (b), substituted “Public Health: Public Accommodations endorsement to a basic business license under the basic” for “Class A Public Health: Public Accommodations endorsement to a master business license under the master”. Cross References For temporary (225 days) establishment of standards governing presence of lifeguards at semi-public swimming pools, see §§ 2-5 of Pools Without Penalties Temporary Act of 2018 (D.C. Law 22-101, June 5, 2018, 65 DCR 3771). For temporary (90 days) establishment of standards governing presence of lifeguards at semi-public swimming pools, see §§ 2-5 of Pools Without Penalties Emergency Act of 2018 (D.C. Act 22-273, Mar. 3, 2018, 65 DCR 2374). Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(18) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(K) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2825. Circuses. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 25; July 1, 1932, 47 Stat. 554, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(p), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(22), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(L), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(19), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2825. 1973 Ed., § 47-2325. Effect of Amendments D.C. Law 15-38, in subsec. (b), substituted “an Entertainment endorsement to a basic business license under the basic” for “a Class A Entertainment endorsement to a master business license under the master”. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(19) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(L) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2826. Special events. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 26; July 1, 1932, 47 Stat. 554, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(q), 23 DCR 2461; Mar. 16, 1995, D.C. Law 10-224, § 2(a), 41 DCR 8055; Mar. 21, 1995, D.C. Law 10-234, § 2(a), 42 DCR 28; Apr. 9, 1997, D.C. Law 11-198, § 105, 43 DCR 4569; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(23), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(M), 50 DCR 6913; Sept. 14, 2011, D.C. Law 19-21, § 9034, 58 DCR 6226; Aug. 8, 2014, D.C. Law 20-134, § 2, 61 DCR 6342; Feb. 26, 2015, D.C. Law 20-155, § 3003, 61 DCR 9990; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(20), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2826. 1973 Ed., § 47-2326. Section References This section is referenced in § 1-325.81. Effect of Amendments D.C. Law 15-38, in subsec. (c), substituted “an Entertainment endorsement to a basic business license under the basic” for “a Class A Entertainment endorsement to a master business license under the master”. D.C. Law 19-21, in subsec. (b), inserted “All funds received but not expended in a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.” The 2014 amendment by D.C. Law 20-134 added (d). The 2015 amendment by D.C. Law 20-155 rewrote (b); and added (e). Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(20) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(M) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). For temporary (90 days) amendment of this section, see § 3003 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696). For temporary (90 days) amendment of this section, see § 3003 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188). For temporary (90 days) amendment of this section, see § 3003 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541). Editor's Notes Mayor authorized to issue rules: Section 2(b) of D.C. Law 10-361 provided that the Mayor shall establish by rule a schedule of license fees for special events held on public space to cover the costs to the District providing police, fire, and other public services that are necessary to protect public health and safety. § 47–2827. Commission merchants in food; bakeries; bottling, candy-manufacturing, and ice cream manufacturers; groceries; markets; delicatessens; restaurants; private clubs; wholesale fish dealers; dairies. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 27; July 1, 1932, 47 Stat. 554, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(r), 23 DCR 2461; Sept. 29, 1988, D.C. Law 7-173, § 6, 35 DCR 5758; Sept. 26, 1995, D.C. Law 11-52, § 302(e), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(24), 46 DCR 3142; Oct. 4, 2000, D.C. Law 13-166, § 3(d), 47 DCR 5821; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(N), 50 DCR 6913; Sept. 24, 2010, D.C. Law 18-223,§ 5052, 57 DCR 6242; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(21), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2827. 1973 Ed., § 47-2327. Section References This section is referenced in § 8-102.01, § 47-3801, § 47-3802, and § 48-108.01. Effect of Amendments D.C. Law 13-166, rewrote subsec. (b)(3), which previously read: “(A) Subject to the provisions of subparagraph (B) of this paragraph a grocery store that is a supermarket development as that term is defined in § 47-3801(3) in an underserved area of the District approved pursuant to § 47-3803, shall be exempt from the license fee imposed by this subsection for the first 5 years beginning after the date of issuance of the final certificate of occupancy for the supermarket. “(B) The license fee exemption granted by subparagraph (A) of this paragraph shall apply: “(i) Only during the time that the real property is used as a supermarket; “(ii) In the case of a supermarket development on real property not owned by the supermarket, only if the owner of the real property leases the land or structure to the supermarket at a rent reduced from the fair market rent by an amount equal to the amount of the real property tax exemption provided by § 47-1002(23); “(iii) Only during the time that the supermarket development is in compliance with the requirements of § 1-1161 et seq.; and “(iv) In the case of a supermarket development that is a new supermarket, only if at the time construction of the new supermarket commenced no other supermarket, as that term is defined in § 47-3801(2), existed within a one mile radius of the new supermarket.” D.C. Law 15-38, in subsec. (i), substituted “Food Establishments: Wholesale endorsement to a basic business license under the basic” for “Class A Food Establishments: Wholesale endorsement to a master business license under the master”; and in subsec. (j), substituted “Food Establishments: Retail endorsement to a basic business license under the basic” for “Class A Food Establishments: Retail endorsement to a master business license under the master”. D.C. Law 18-223 added subsec. (k). Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Supermarket tax incentives, “supermarket” defined, see § 47-3801. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(21) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(N) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). For temporary (90 day) amendment of section, see § 5052 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542). Short Title Short title: Section 5051 of D.C. Law 18-223 provided that subtitle F of title V of the act may be cited as the “Department of Health Fee Modifications Amendment Act of 2010”. Delegation of Authority Delegation of authority pursuant to an Act Making Appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes, see Mayor’s Order 98-139, August 20, 1998 ( 45 DCR 6591). § 47–2828. Classification of buildings containing living quarters for licenses; fees; buildings exempt from license requirement. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 28; July 1, 1932, 47 Stat. 555, ch. 366; July 22, 1947, 61 Stat. 402, ch. 296, § 3; July 25, 1995, D.C. Law 11-30, § 10, 42 DCR 1547; enacted, Apr. 9, 1997, D.C. Law 11-254,§ 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(25), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(b), 50 DCR 6913; Feb. 18, 2017, D.C. Law 21-213, § 3(b), 63 DCR 15330; Apr. 25, 2019, D.C. Law 22-307, § 201(b), 66 DCR 898; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(22), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2828. 1973 Ed., § 47-2328. Section References This section is referenced in § 2-1401.02. Effect of Amendments D.C. Law 15-38, in subsec. (b), substituted “bed and breakfasts, and other transient Housing businesses shall be issued under the basic business license system as a Housing: Transient endorsement on a basic business license” for “and other transient Class A Housing businesses shall be issued under the master business license system as a Class A Housing: Transient endorsement on a master license”; in subsec. (c), substituted “all community based residential facilities, and other residential Housing businesses shall be issued under the basic business license system as a Housing: Residential endorsement on a basic business license” for “cooperative associations, and other residential Class A Housing businesses shall be issued under the master business license system as a Class A Housing: Residential endorsement on a master license”; and, in subsec. (d), substituted “General Services and Repair endorsement to a basic business license under the basic business license system” for “Class B General Services and Repair endorsement to a master business license under the master business license system”. Cross References Human rights, “housing business” defined, see § 2-1401.02. Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-32 Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(22) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Applicability of D.C. Law 22-307: Section 15 of D.C. Law 23-68 repealed § 301 of D.C. Law 22-307. Therefore the changes made to this section by D.C. Law 22-307 have been implemented. Applicability of D.C. Law 22-307: Section 6(b) of D.C. Act 23-165 repealed, on an emergency basis, § 301 of D.C. Law 22-307. Therefore the changes made to this section by D.C. Law 22-307 have been implemented. Applicability of D.C. Law 22-307: § 301 of D.C. Law 22-307 provided that the change made to this section by § 201(b) of D.C. Law 22-307 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 2(b) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2829. Vehicles for hire; identification tags on vehicles; vehicles for school children; ambulances, private vehicles for funeral purposes; issuance of licenses; payment of fees. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 31; July 1, 1932, 47 Stat. 555, ch. 366; Apr. 5, 1939, 53 Stat. 570, ch. 41; July 17, 1939, 53 Stat. 1046, ch. 313, § 3; Jan. 15, 1942, 56 Stat. 3, ch. 2; June 20, 1942, 56 Stat. 375, ch. 428; July 30, 1951, 65 Stat. 126, ch. 247, §§ 1, 2; May 18, 1954, 68 Stat. 119, ch. 218, title XIV, § 1402; July 19, 1954, 68 Stat. 493, ch. 544, § 1; Aug. 30, 1964, 78 Stat. 634, Pub. L. 88-503, § 21; Mar. 5, 1981, D.C. Law 3-139, § 2, 27 DCR 4555; Mar. 15, 1985, D.C. Law 5-178, § 2(a), (b), 32 DCR 757; Mar. 25, 1986, D.C. Law 6-97, § 21(a), 33 DCR 703; Feb. 24, 1987, D.C. Law 6-165, § 2, 33 DCR 6705; Feb. 24, 1987, D.C. Law 6-192, §§ 7, 27, 33 DCR 7836; Aug. 17, 1994, D.C. Law 10-149, § 2, 41 DCR 4485; Sept. 22, 1994, D.C. Law 10-171, § 3, 41 DCR 5149; Apr. 9, 1997, D.C. Law 11-198, § 503, 43 DCR 4569; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(26), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(O), 50 DCR 6913; Nov. 16, 2006, D.C. Law 16-175, § 3, 53 DCR 6499; Mar. 14, 2007, D.C. Law 16-279,§ 209(a), 54 DCR 903; Mar. 14, 2007, D.C. Law 16-294, § 7(a), 54 DCR 1086; Mar. 25, 2009, D.C. Law 17-353, §§ 124(b), 250(a), 56 DCR 1117; Mar. 3, 2010, D.C. Law 18-111, § 6051, 57 DCR 181; Oct. 22, 2012, D.C. Law 19-184, § 6, 59 DCR 9431; Apr. 23, 2013, D.C. Law 19-270, § 3, 60 DCR 1717; Mar. 10, 2015, D.C. Law 20-197, § 4, 61 DCR 12430; June 22, 2016, D.C. Law 21-124, § 501(d), 63 DCR 7076; Oct. 8, 2016, D.C. Law 21-155, § 601, 63 DCR 10143; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(23), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2829. 1973 Ed., § 47-2331. Section References This section is referenced in § 7-1703, § 34-912, § 47-2313, § 47-2853.04, § 50-303, § 50-307, § 50-320, § 50-329.02, § 50-331, § 50-1401.01, and § 50-1501.03. Effect of Amendments D.C. Law 15-38, in subsec. (h), substituted “an Inspected Sales and Services endorsement to a basic business license under the basic” for “a Class A Inspected Sales and Services endorsement to a master business license under the master”. D.C. Law 16-175 repealed subsec. (c).: D.C. Law 16-279, rewrote subsec. (a); repealed subsec. (c); and in subsec. (d), deleted the last sentence which had read as follows: “Annual licenses required by this subsection shall be issued by the Department of Public Works.” Subsection (c), was previously repealed by Law 16-175. D.C. Law 16-294 made a technical correction that resulted in no change in text. D.C. Law 17-353 validated a previously made technical correction in the repeal of subsec. (c). D.C. Law 18-111, in subsec. (e)(1), substituted “$75” for “$35” and “$200” for “$100”; and, in subsec. (i), substituted “$75” for “$5” and “$200” for “$100”. The 2012 amendment by D.C. Law 19-184 substituted “an amount set by the District of Columbia Taxicab Commission” for “$25 or an amount set by the District of Columbia Taxicab Commission, but in no event to exceed $100” in (d); rewrote (e) and (e-1); substituted “where applicable” for “and any points assessed against the licensee in accordance with subsection (e-1) of this section; where applicable” in (e-2); substituted “Commission” for “Commission’s Panel on Rates and Rules” in (e-3); in (e-4), substituted “regular mail” for “registered mail” in the first sentence, deleted “which shall come before the Council of the District of Columbia (’Council’) for a 45-day period of review, excluding Saturdays, Sundays, holidays, and days of Council recess” from the end of the third sentence, and deleted fourth sentence; rewrote the first sentence in (h); substituted “license fee of an amount set by the Mayor” for “license fee of $75 or an amount set by the Mayor, but in no event to exceed $200” in (i); and added (j)(1) to (j)(3). The 2013 amendment by D.C. Law 19-270 added (j)(4) and (j)(5). The 2015 amendment by D.C. Law 20-197 added (k) and (l). Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Motor fuel tax, public hackers not affected, see § 47-2313. Motor vehicle registration, fee schedule, see § 50-1501.03. Motor vehicles, Office of Taxicabs established, see § 50-312. Motor vehicles, operators’ permits, issuance, qualifications and restrictions, compliance with this section, see § 50-1401.01. Public utilities, rates, investigation and reimbursement, reimbursement fees for common carriers, see § 34-912. Smoking restrictions, places of prohibition, regulated passenger vehicles for hire, see § 7-1703. Taxicab Commission Fund established, assessments comprising fund, see § 50-320. Taxicab regulation, vehicle impoundment, operation without valid license, see § 50-331. Traffic, fleet adjudication program, “fleet” defined, see § 50-2303.04a. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(23) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 6051 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see § 6051 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). For temporary addition of (e)(3), see § 2 of the Public Vehicle-for-Hire Educational Services Emergency Act of 2012 (D.C. Act 19-544, November 15, 2012, 59 DCR 13588). For temporary (90 days) amendment of this section, see § 2 of the Public Vehicle-for-Hire Educational Services Congressional Review Emergency Act of 2013 (D.C. Act 20-16, February 22, 2013, 60 DCR 3968, 20 DCSTAT 471). For temporary (90 days) repeal of D.C. Law 19-184, § 7, see § 7007 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) repeal of D.C. Law 19-184, § 7, see § 7007 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). For temporary (90 days) repeal of D.C. Law 19-270, § 5, see § 7017 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) repeal of D.C. Law 19-270, § 5, see 7017 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Temporary Legislation Section 2 of D.C. Law 19-235 amended this section by adding (e)(3) to read as follows: “(3)(A) The District of Columbia Taxicab Commission shall have the authority to charge and collect reasonable fees to provide educational services, including covering the costs of developing and administering courses statutorily required by paragraph (2) of this subsection and Subchapter I of Chapter 3 of Title 50. “(B) The fees charged and collected from the educational services set forth in paragraph (2) of this subsection and Subchapter I of Chapter 3 of Title 50 shall be deposited in the Public Vehicles-for-Hire Consumer Service Fund, established by § 50-320.” Section 4(b) of D.C. Law 19-235 provided that the act shall expire after 225 days of its having taken effect. Short Title Section 7001 of D.C. Law 20-61 provided that Subtitle A of Title VII of the act may be cited as the “Subject to Appropriations Repealers Amendment Act of 2013”. Effective Dates Section 24(b) of D.C. Law 6-97 provided that §§ 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 20, 21, 22, and 23 shall take effect 1 year after March 25, 1986. § 47–2830. Rental or leasing of motor vehicle without driver. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 32; July 1, 1932, 47 Stat. 557, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(s), 23 DCR 2461; Sept. 26, 1995, D.C. Law 11-52, § 302(f), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(27), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(P), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(24), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2830. 1973 Ed., § 47-2332. Effect of Amendments D.C. Law 15-38, in subsec. (b), substituted “Motor Vehicle Sales, Service, and Repair endorsement to a basic business license under the basic” for “Class A Motor Vehicle Sales, Services and Repair endorsement to a master business license under the master”. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Motor fuel tax, public hackers not affected, see § 47-2313. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(24) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(P) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2831. Vehicles hauling goods from public space. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 626, ch. 1352, § 7, par. 33; July 1, 1932, 47 Stat. 557, ch. 366; Apr. 5, 1939, 53 Stat. 570, ch. 41; July 17, 1939, 53 Stat. 1046, ch. 313, § 3; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(25), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2831. 1973 Ed., § 47-2333. Section References This section is referenced in § 47-2829. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Motor fuel tax, public hackers not affected, see § 47-2313. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(25) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2832. Repairing of motor vehicles. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 627, ch. 1352, § 7, par. 34; July 1, 1932, 47 Stat. 557, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(t), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(28), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(Q), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(26), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2832. 1973 Ed., § 47-2334. Effect of Amendments D.C. Law 15-38, in subsec. (b), substituted “Motor Vehicle Sales, Service, and Repair endorsement to a basic business license under the basic” for “Class A Motor Vehicle Sales, Services and Repair endorsement to a master business license under the master”. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(26) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(Q) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2832.01. Parking establishments. [Repealed] [Repealed]. (Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(37A), 46 DCR 3142; Apr. 12, 2000, D.C. Law 13-91, § 157(d)(3)-(4), 47 DCR 520; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(R), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(27), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2832.1. Effect of Amendments D.C. Law 15-38 substituted “General Services and Repair endorsement to a basic business license under the basic” for “Class B General Services and Repair endorsement to a master business license under the master”. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(27) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(R) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2832.02. Tire dealers. [Repealed] [Repealed]. (Apr. 23, 2013, D.C. Law 19-279, § 2, 60 DCR 2122; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(28), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(28) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2833. Livery stables. [Repealed] Repealed. (July 1, 1902, 32 Stat. 627, ch. 1352, § 7, par. 35; July 1, 1932, 47 Stat. 557, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I,§ 104(u), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(29), 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2833. 1973 Ed., § 47-2335. § 47–2834. Sales on streets or public places. [Repealed] Repealed. (July 1, 1902, 32 Stat. 627, ch. 1352, § 7, par. 36; July 1, 1932, 47 Stat. 557, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(aa), 23 DCR 2461; Sept. 26, 1984, D.C. Law 5-113, § 501, 31 DCR 3974; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 29, 1998, D.C. Law 12-86,§ 1102, 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(30), 46 DCR 3142; Apr. 20, 1999, D.C. Law 12-264, § 52(s), 46 DCR 2118; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(S), 50 DCR 6913; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(2), 52 DCR 2638; Mar. 8, 2006, D.C. Law 16-72, § 2, 53 DCR 372; Oct. 22, 2009, D.C. Law 18-71, § 12(c)(2), 56 DCR 6619.) Prior Codifications 1981 Ed., § 47-2834. 1973 Ed., § 47-2336. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(S) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). For temporary (90 day) amendment of section, see § 4 of Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Emergency Act of 2006 (D.C. Act 16-564, December 19, 2006, 53 DCR 10264). For temporary (90 day) enactment, see § 5 of Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Emergency Act of 2006 (D.C. Act 16-564, December 19, 2006, 53 DCR 10264). For temporary (90 day) additions, see §§ 2 to 9 of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445). For temporary (90 day) repeal of section, see §  10(c)(2) of Vending Regulation Emergency Act of 2008 (D.C. Act 17-322, March 19, 2008, 55 DCR 3445). For temporary (90 day) additions, see §  2 of Expanding Opportunities for Street Vending Around the Baseball Stadium Emergency Amendment Act of 2008 (D.C. Act 17-353, April 17, 2008, 55 DCR 5370). For temporary (90 day) amendment of section 6 of D.C. Law 17-172, see §  2 of Expanding Opportunities for Street Vending Around the Baseball Stadium Clarifying Emergency Amendment Act of 2008 (D.C. Act 17-427, July 16, 2008, 55 DCR 8250). For temporary (90 day) additions, see §§  2 to 9 of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638). For temporary (90 day) repeal, see §  10(c)(2) of Vending Regulation Emergency Act of 2009 (D.C. Act 18-9, January 29, 2009, 56 DCR 1638). For temporary (90 day) additions, see §§  2 to 9 of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574). For temporary (90 day) repeal, see §  10(c)(2) of Vending Regulation Congressional Review Emergency Act of 2009 (D.C. Act 18-47, April 27, 2009, 56 DCR 3574). Temporary Legislation Section 4 of D.C. Law 16-252 amended subsec. (c) to read as follows: “(c) The Director of the Department of Consumer and Regulatory Affairs may, by rule, establish and revise every 2 years a site specific schedule of license fees to replace the fees listed under subsection (a) of this section to reflect the adoption of a regulatory system that assigns specific vending sites and assesses a license fee that reflects the administrative cost of licensure and periodic inspection of food and merchandise vendors.” Section 2 of D.C. Law 17-241 added subsec. (c-1) to read as follows: “(c-1)(1) No later than July 21, 2008, the Mayor shall establish 14 additional vendor locations to be added to the 28 currently identified to increase the number of viable sites to 42 to adhere to the requirements of subsection (c) of this section. “(2) No later than July 21, 2008, the Mayor shall hold a lottery for the 14 additional vending locations and those vendors selected shall be assigned vending locations, as specifically herein provided, for the duration of the 2008 baseball season. “(3) The 14 sites assigned pursuant to paragraph (2) of this subsection shall be located as follows: “(A) Two sites on First Street, S.E., between N Street, S.E., and N Place, S.E. (Eastside); “(B) Two sites on First Street, S.E., between N Place, S.E., and O Street, S.E. (Eastside); “(C) Seven sites on Half Street, S.E., between M Street, S.E., and N Street, S.E. (Westside); and “(D) Three sites on N Street, S.E., between Half Street, S.E., and Van Street, S.E. (Northside).”. Section 4(b) of D.C. Law 17-241 provided that the act shall expire after 225 days of its having taken effect. Section 5 of D.C. Law 16-252 provided: “Pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Department of Transportation, the Department of Consumer and Regulatory Affairs, the Department of Health, and the Metropolitan Police Department may promulgate rules specific to their vending responsibilities, incorporating the best practices for the planning, cart design, management, site identification, fees and applicable taxes, and enforcement of sidewalk and roadway vendors to ensure public health and safety. The proposed rules shall be submitted to the Council for a 30-day period of review. If the Council does not approve or disapprove the proposed rules by resolution within the 30-day review period, the proposed rules shall be deemed disapproved. In no event shall there be an interpretation of this section that rulemaking shall be necessary for the issuance of licenses or permits.” Section 7(b) of D.C. Law 16-252 provided that the act shall expire after 225 days of its having taken effect. Sections 2 to 10 of D.C. Law 17-172 added sections to read as follows: “Sec. 5. Vending development zones.. “Sec. 6. Capitol Riverfront Vending Development Zone. “(c) The Mayor shall issue no fewer than 40 vendor locations, with preference to the vendors who are legally licensed to vend at Robert F. Kennedy Memorial Stadium, within 21 days of the effective date of the Expanding Opportunities for Vending Around the Baseball Stadium Emergency Amendment Act of 2008, passed on emergency basis on April 1, 2008 (Enrolled version of Bill 17-690), and shall designate and assign vending locations within the CRVDZ. “(g) Pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Mayor may issue rules to implement this section; provided, that the Mayor may also issue emergency rules to implement this section. “Sec. 7. Public markets. “Sec. 8. Fees and funding. “(b)(1) There is established as a nonlapsing fund within the General Fund of the District of Columbia the Vending Regulation Fund (‘Fund’), which shall be used solely for the purposes set forth in this section. “Sec. 9. Penalties. “Sec. 10. Rules. Section 2 of D.C. Law 17-205 added a section to read as follows: “Sec. 5a. Capitol Riverfront Vending Development Zone. “(a) Notwithstanding section 5, but subject to subsection (f) of this section, there is established the Capitol Riverfront Vending Development Zone (’CRVDZ’). “(b) The boundaries of the CRVDZ shall be the same as the boundaries for the Capitol Riverfront BID, established by section 208 of the Business Improvement Districts Act of 1996, effective October 18, 2007 (D.C. Law 17-27; D.C. Official Code § 2-1215.58). “(c) The Mayor shall issue no fewer than 40 vendor locations, with preference to the vendors who are legally licensed to vend at Robert F. Kennedy Memorial Stadium, on or before the effective date of the Expanding Opportunities for Vending Around the Baseball Stadium Emergency Amendment Act of 2008, effective April 17, 2008 (D.C. Act 17-353; 55 DCR 5370, and shall designate and assign vending locations within the CRVDZ. “(d) Vending locations assigned within the CRVDZ shall be assigned by lottery. “(e) Except as provided in this section, the Mayor may waive the regulatory provisions otherwise applicable to vendors, such as design standards, siting standards, and the types of permitted vending. “(f) The CRVDZ, and any licenses or permits issued therefor, shall expire if any new development zone is hereafter established with the boundaries of the CRVDZ pursuant to section 5. “(g) Pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), the Mayor may issue rules to implement this section; provided, that the Mayor may also issue emergency rules to implement this section.” Section 4(b) of D.C. Law 17-205 provided that the act shall expire after 225 days of its having taken effect. Sections 2 to 9 of D.C. Law 18-4 added sections to read as follows: “Sec. 2. Definitions. “For the purposes of this act, the term: “(1) ‘Vending location’ means the specific locations on sidewalks, roadways, and other public space from which a person may vend. “(2) ‘Vending site permit’ means a permit or other authorization to vend from a vending location. “Sec. 3. Vending from public space. “(a) Except as set forth in subsection (b) of this section, a person shall not vend from a sidewalk, roadway, or other public space in the District of Columbia unless the person holds: “(1) A basic business license properly endorsed for sidewalk or roadway vending; “(2) A vending site permit; and “(3) Such other licenses, permits, and authorizations as the Mayor may require by rule. “(b) The Mayor may authorize the following persons to vend from public space without a basic business license or vending site permit: “(1) An employee or youth assistant of a licensed vendor; “(2) A person vending at a licensed special event; and “(3) A person vending from a public market holding a valid permit issued by the Mayor. “(c) No authorization from the Mayor is required for vending pursuant to section 105(h) of the First Amendment Assemblies Act of 2004, effective April 13, 2005 (D.C. Law 15-532; D.C. Official Code § 5-331.05(h)). “Sec. 4. Vending locations and assignment. “(a) The Mayor shall designate vending locations; provided, that no vending locations shall be established in Ward 2 of the District of Columbia other than those previously authorized under the District of Columbia Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Temporary Act of 2006, effective March 8, 2007 (D.C. Law 16-252; 54 DCR 631), who are vending in a location that is in compliance with Chapter 5 of Title 24 of the District of Columbia Municipal Regulations, except as may be established through a vending development zone authorized under section 5; provided further, that no more than 350 vending locations shall be permitted in any single Ward of the District of Columbia. “(b) A person shall not vend from a location other than a vending location unless the person is vending at a special event or public market holding a valid license or permit issued by the Mayor. “(c) A person shall not vend from a vending location without first obtaining a vending site permit from the Mayor. “(d)(1) Except as provided in paragraph (2) of this subsection, vending locations shall be assigned by lottery, unless: “(A) The Mayor establishes an alternate means of assignment by rule; or “(B) The vending location is located in a vending development zone, in which case the vending location may be assigned by lottery or such other means as may be established for the vending development zone pursuant to section 5. “(2) Vendors who received vending site permits for a vending location pursuant to the District of Columbia Department of Transportation and Department of Consumer and Regulatory Affairs Vending Consolidation of Public Space and Licensing Authorities Temporary Act of 2006, effective March 8, 2007 (D.C. Law 16-252; 54 DCR 631), who are vending in a location that is in compliance with Chapter 5 of Title 24 of the District of Columbia Municipal Regulations, shall have first right of preference for the issuance of a vending site permit for the same vending location. “Sec. 5. Vending development zones. “The Mayor may establish vending development zones, upon application and after public hearing, in which the Mayor may waive the regulatory provisions, such as the design standards, the standards for designation of vending locations, and the procedure for assigning vending locations, otherwise applicable to vendors; provided, that the Mayor shall establish, by rule, a procedure for reviewing applications for the establishment of a vending development zone. “Sec. 6. Public markets. “The Mayor may require the permitting of public markets on public space and may require the licensing of managers of public markets on public space and private space. “Sec. 7. Fees and funding. “(a) The Mayor may establish fees, by rule, for the application for, and issuance of, each license, permit, and authorization required under this act or the rules promulgated pursuant to this act. The Mayor may differentiate the fees based on the class of license, vending location, and other relevant factors. “(b)(1) There is established as a nonlapsing fund within the General Fund of the District of Columbia the Vending Regulation Fund (”Fund“), which shall be used solely for the purposes set forth in this section. “(2) Deposits into the Fund shall include: “(A) Fees paid for the application for, and issuance or renewal of, a vending permit; “(B) Fees paid for the application for, and issuance or renewal of, the permit or other authorization issued by the Mayor setting forth the specific location on public space from which a person may vend; “(C) Funds authorized by an act of Congress, reprogramming, or intra-District transfer to be deposited into the Fund; “(D) Any other funds designated by law or rule to be deposited into the Fund; and “(E) Interest on funds deposited in the Fund. “(3) All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in paragraph (4) of this subsection, subject to authorization by Congress. “(4) Funds in the Fund may be used to pay the costs of administering this act, including costs associated with the issuance of licenses and permits described in paragraph (2)(A) and (B) of this subsection and the administration and enforcement of any rules promulgated under this act. “Sec. 8. Penalties. “The Mayor may establish civil penalties for the violation of this act and rules promulgated pursuant to this act, including the establishment of civil penalties pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.). “Sec. 9. Rules. “The Mayor, pursuant to Title 1 of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), may issue rules to implement this act, including rules regulating the design and maintenance of vendor carts, stands, vehicles, and other equipment and rules requiring that persons vending from public space maintain insurance in such form and amount as may be required by the Mayor. The proposed rules shall be submitted to the Council for a 60-day period of review, excluding weekends, holidays, and days of Council recess; provided, that rules regarding fees shall be submitted separately. If the Council does not approve or disapprove the proposed rules, by resolution, within the 60-day review period, the proposed rules shall be deemed disapproved.” Section 11(c)(2) of D.C. Law 17-172 repealed this section. Section 13(b) of D.C. Law 17-172 provided that the act shall expire after 225 days of its having taken effect. Section 10(c)(2) of D.C. Law 18-4 repealed this section. Section 12(b) of D.C. Law 18-4 provided that the act shall expire after 225 days of its having taken effect. Effective Dates Section 502 of D.C. Law 5-113 provided that § 501 shall take effect April 1, 1985. Editor's Notes Mayor authorized to issue rules: See second paragraph of note to § 47-2601. Delegation of Authority Delegation of authority pursuant to an Act Making Appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes, see Mayor’s Order 98-139, August 20, 1998 ( 45 DCR 6591). § 47–2835. Solicitors. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 627, ch. 1352, § 7, par. 37; July 1, 1932, 47 Stat. 557, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(v), 23 DCR 2461; Sept. 26, 1995, D.C. Law 11-52, § 302(g), 42 DCR 3684; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(31), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(T), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(29), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2835. 1973 Ed., § 47-2337. Effect of Amendments D.C. Law 15-38, in subsec. (b), substituted “General Services and Repair endorsement to a basic business license under the basic” for “Class B General Services and Repair endorsement to a master business license under the master”. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-32 Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(29) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(T) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2836. Guides. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 627, ch. 1352, § 7, par. 38; July 1, 1932, 47 Stat. 558, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(w), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(32), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(U), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(30), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2836. 1973 Ed., § 47-2338. Effect of Amendments D.C. Law 15-38, in subsec. (b), substituted “General Services and Repair endorsement to a basic business license under the basic” for “Class B General Services and Repair endorsement to a master business license under the master”. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(30) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(U) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). Editor's Notes Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated “Deputy Chief of Police, Executive Officer”; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated “Deputy Chief of Police, Chief of Detectives”; and each other Assistant Superintendent of the Metropolitan Police was designated “Deputy Chief of Police” by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966. § 47–2837. Secondhand dealers; classification; licensing; stolen property. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 627, ch. 1352, § 7, par. 39; July 1, 1932, 47 Stat. 558, ch. 366; July 3, 1956, 70 Stat. 491, ch. 511, § 1; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(33), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(V), 50 DCR 6913; Dec. 13, 2013, D.C. Law 20-50, § 2(a), 60 DCR 15151; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(31), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2837. 1973 Ed., § 47-2339. Effect of Amendments D.C. Law 15-38, in subsec. (e), substituted “as an Inspected Sales and Services endorsement to a basic business license under the basic” for “as a Class A Inspected Sales and Services endorsement to a master business license under the master” and “General Sales endorsement to a basic ” for “Class B General Sales endorsement to a master”. The 2013 amendment by D.C. Law 20-50 repealed (d), which read: “When any property has been stolen and sold in the District of Columbia to a dealer under such circumstances that the Mayor of the District of Columbia, after such dealer has been afforded a hearing, is satisfied that such dealer had cause to believe, or could have ascertained by reasonable inquiry or investigation that the property was stolen, and that the dealer did not make reasonable inquiry or investigation as to the title of the seller before making the purchase, the Mayor is authorized and directed to revoke the license of such dealer; and this action shall not be a bar to criminal prosecution for receiving stolen goods; provided, that nothing in this subsection shall be construed as prohibiting the Mayor from suspending or revoking the license of such dealer under the authority contained in § 47-2844.” Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Mayor, Council and other offices, police power regulations, authorization, see § 1-303.01. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(31) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(V) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). For temporary (90 days) amendment of this section, see § 2(a) of the Personal Property Robbery Prevention Emergency Act of 2013 (D.C. Act 20-142, July 31, 2013, 60 DCR 11796, 20 DCSTAT 1987). For temporary (90 days) amendment of this section, see § 2(a) of the Personal Property Robbery Prevention Second Emergency Amendment Act of 2013 (D.C. Act 20-199, October 17, 2013, 60 DCR 15330). § 47–2838. Dealers in dangerous weapons. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 40; July 1, 1932, 47 Stat. 558, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(x), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(34), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(W), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(32), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2838. 1973 Ed., § 47-2340. Effect of Amendments D.C. Law 15-38, in subsec. (b), substituted “Public Safety endorsement to a basic business license under the basic” for “Class A Public Safety endorsement to a master business license under the master”. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(32) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(W) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). Editor's Notes Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated “Deputy Chief of Police, Executive Officer”; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated “Deputy Chief of Police, Chief of Detectives”; and each other Assistant Superintendent of the Metropolitan Police was designated “Deputy Chief of Police” by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966. § 47–2839. Private detectives; “detective” defined; regulations. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 41; July 1, 1932, 47 Stat. 559, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 104(y), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(35), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(X), 50 DCR 6913; Dec. 24, 2013, D.C. Law 20-61, § 3012(a), 60 DCR 12472; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(33), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2839. 1973 Ed., § 47-2341. Section References This section is referenced in § 47-2853.11. Effect of Amendments D.C. Law 15-38, in subsec. (f), substituted “Public Safety endorsement to a basic business license under the basic” for “Class A Public Safety endorsement to a master business license under the master”. The 2013 amendment by D.C. Law 20-61 added (g). Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Metropolitan police, private detectives, see §§ 5-121.01 to 5-121.04. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(33) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(X) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). For temporary (90 days) amendment of this section, see § 3012(a) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of this section, see § 3012(a) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 3011 of D.C. Law 20-61 provided that Subtitle B of Title III of the act may be cited the “Security Licensing Streamlining Act of 2013”. § 47–2839.01. Security agencies. [Repealed] [Repealed]. (Nov. 16, 2006, D.C. Law 16-187, § 203(b), 53 DCR 6722; Mar 25, 2009, D.C. Law 17-353, § 127(a), 56 DCR 1117; June 11, 2013, D.C. Law 19-317, § 286(r), 60 DCR 2064; Dec. 24, 2013, D.C. Law 20-61, § 3012(b), 60 DCR 12472; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(34), 70 DCR 1524.) Prior Codifications 2001 Ed., § 47-2839a. Section References This section is referenced in § 10-551.02 and § 47-2853.11. Effect of Amendments The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than $1,000” in (c). The 2013 amendment by D.C. Law 20-61 added (f). Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(34) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 286(r) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). For temporary (90 days) amendment of this section, see § 3012(b) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of this section, see § 3012(b) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 3011 of D.C. Law 20-61 provided that Subtitle B of Title III of the act may be cited the “Security Licensing Streamlining Act of 2013”. § 47–2840. Fortune-telling [Repealed] Repealed. (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 43; July 1, 1932, 47 Stat. 562, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I,§ 104(z), 23 DCR 2461; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(36), 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2840. 1973 Ed., § 47-2342. Editor's Notes Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated “Deputy Chief of Police, Executive Officer”; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated “Deputy Chief of Police, Chief of Detectives”; and each other Assistant Superintendent of the Metropolitan Police was designated “Deputy Chief of Police” by Reorganization Order No. 7, dated September 16, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966. § 47–2841. Exposing persons or animals as targets prohibited. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 44; July 1, 1932, 47 Stat. 562, ch. 366; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(35), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2841. 1973 Ed., § 47-2343. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(35) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2842. Council of the District of Columbia may regulate, modify, or eliminate license requirements. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 45; July 1, 1932, 47 Stat. 562, ch. 366; Sept. 14, 1976, D.C. Law 1-82, title I, § 108, 23 DCR 2461; Apr. 3, 1982, D.C. Law 4-97, § 7, 29 DCR 765; Aug. 17, 1991, D.C. Law 9-30, § 7, 38 DCR 4215; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 20, 1999, D.C. Law 12-255, § 3(b), 46 DCR 1279; Apr. 20, 1999, D.C. Law 12-261, § 2003(pp)(37), 46 DCR 3142; June 5, 2003, D.C. Law 14-307, § 1702, 49 DCR 11664; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(3), 52 DCR 2638; Oct. 20, 2005, D.C. Law 16-33, § 5003, 52 DCR 7503; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(36), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2842. 1973 Ed., § 47-2344. Effect of Amendments D.C. Law 14-307, in subsec. (b), substituted “$78” for “$50”. D.C. Law 15-354, in subsec. (d), substituted “basic business license system” for “master business licensing scheme”. D.C. Law 16-33 repealed subsec. (c) which had read as follows: “(c) Notwithstanding subsection (a) of this section, no licensing fees shall be charged to any child development home as defined in § 4-401(3).” Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(36) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 1702 of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700). For temporary (90 day) amendment of section, see § 1702 of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151). For temporary (90 day) amendment of section, see § 1702 of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499). For temporary (90 day) amendment of section, see § 5003 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667). References in Text Chapter 30 of this title, referred to throughout subsection (a) of this section, was repealed by D.C. Law 5-136. Editor's Notes District of Columbia Drug Manufacture and Distribution Licensure Act of 1990: See D.C. Law 8-137, codified as §§ 8-131, 8-137 and 33-1001 et seq. § 47–2843. Undertakers’ licenses; qualifications; examination; license without examination; authority of Mayor and Council; appropriations; definitions. [Repealed] Repealed. (May 22, 1984, D.C. Law 5-84, § 22(a), 31 DCR 1815.) Prior Codifications 1981 Ed., § 47-2843. Cross References Funeral directors, licensure, qualifications, applications and examinations, see § 3-405. Mayor, Council and other officers, licensing and registration fees, Mayor’s power to fix, see § 1-301.74. Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Editor's Notes Repeal of regulations: Section 22(b) of D.C. Law 5-84 provided that the rules and regulations governing the licensing of undertakers and apprentice undertakers within the District of Columbia, promulgated March 23, 1954 (c.o. 54-644; 17 DCMR Chapter 23), are repealed. Board of Funeral Directors and Embalmers abolished: Section 22(c) of D.C. Law 5-84 provided that the Board of Funeral Directors and Embalmers, established pursuant to paragraph (2) of subsection (d) of § 47-2843, is abolished on the date that the final member of the Board of Funeral Directors established under § 3-403 takes office. § 47–2844. Regulations; suspension or revocation of licenses; bonding of licensees authorized to collect moneys; exemptions. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 46; July 1, 1932, 47 Stat. 563, ch. 366; July 3, 1956, 70 Stat. 491, ch. 511, § 2; Sept. 1, 1959, 73 Stat. 447, Pub. L. 86-217, § 1; Apr. 22, 1960, 74 Stat. 72, Pub. L. 86-431, § 4; Apr. 30, 1988, D.C. Law 7-104, § 43(e), 35 DCR 147; Mar. 8, 1991, D.C. Law 8-231, § 2, 38 DCR 257; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 4, 2006, D.C. Law 16-81, § 5(b), 53 DCR 1050; Dec. 13, 2013, D.C. Law 20-50, § 2(b), 60 DCR 15151; July 1, 2016, D.C. Law 21-138, § 3, 63 DCR 7587; Feb. 18, 2017, D.C. Law 21-215, § 2, 63 DCR 15708; Apr. 11, 2019, D.C. Law 22-288, § 202, 66 DCR 1656; Apr. 5, 2021, D.C. Law 23-269, § 501(bb)(5), 68 DCR 001490; Mar. 22, 2023, D.C. Law 24-332, § 7(d), 70 DCR 1582; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(37), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2844. 1973 Ed., § 47-2345. Effect of Amendments D.C. Law 16-81, in subpar. (a-1)(1)(A), substituted “;” for “; or”; in subpar. (a-1)(1)(B) substituted “; or” for “.”; and added new subpar. (a-1)(1)(C). The 2013 amendment by D.C. Law 20-50 substituted “The Council of the District of Columbia and Mayor are” for “The Council of the District of Columbia is” in (a); added (a-2) and (a-3); and substituted “the Mayor” for “the Council” in (b). Cross References Administrative procedure, generally, see § 2-501 et seq. Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Public utilities, penal provisions, prosecution, see § 34-731. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(37) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Applicability of D.C. Law 24-332: § 9 of D.C. Law 24-332 provided that the change made to this section by § 7(d) of D.C. Law 24-332 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964). For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497). For temporary (90 days) amendment of this section, see § 2 of Sale of Synthetic Drugs Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-473, July 21, 2016, 63 DCR 10172). For temporary (90 days) amendment of this section, see § 2 of Sale of Synthetic Drugs Emergency Amendment Act of 2016 (D.C. Act 21-400, May 19, 2016, 63 DCR 7916). For temporary (90 days) amendment of this section, see § 3 of Marijuana Possession Decriminalization Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-364, Apr. 27, 2016, 63 DCR 6834). For temporary (90 days) amendment of this section, see § 2(b) of the Personal Property Robbery Prevention Emergency Act of 2013 (D.C. Act 20-142, July 31, 2013, 60 DCR 11796, 20 DCSTAT 1987). For temporary (90 days) amendment of this section, see § 2(b) of the Personal Property Robbery Prevention Second Emergency Amendment Act of 2013 (D.C. Act 20-199, October 17, 2013, 60 DCR 15330). For temporary (90 days) amendment of this section, see § 3 of the Marijuana Possession Decriminalization Clarification Emergency Amendment Act of 2015 (D.C. Act 21-19, Mar. 26, 2015, 62 DCR 3857, 21 DCSTAT 852). For temporary (90 days) amendment of this section, see § 2 of the Sale of Synthetic Drugs Emergency Amendment Act of 2015 (D.C. Act 21-100, July 10, 2015, 62 DCR 9689). For temporary (90 days) amendment of this section, see § 2 of the Sale of Synthetic Drugs Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-157, Oct. 16, 2015, 62 DCR 13710). For temporary (90 days) amendment of this section, see § 3 of the Marijuana Possession Decriminalization Clarification EmergencyAmendment Act of 2016 (D.C. Act 21-273, Jan. 14, 2016, 63 DCR 801). Temporary Legislation For temporary (225 days) amendment of this section, see § 2 of Sale of Synthetic Drugs Temporary Amendment Act of 2016 (D.C. Law 21-149, Aug. 20, 2016, 63 DCR 9314). For temporary (225 days) amendment of this section, see § 3 of the Marijuana Possession Decriminalization Clarification Temporary Amendment Act of 2015 (D.C. Law 21-11, June 4, 2015, 62 DCR 4717). For temporary (225 days) amendment of this section, see § 2 of the Sale of Synthetic Drugs Temporary Amendment Act of 2015 (D.C. Law 21-34, Oct. 21, 2015, 62 DCR 10898). For temporary (225 days) amendment of section, see § 3 of the Marijuana Possession Decriminalization Clarification Temporary Amendment Act of 2016 D.C. Law 21-98, April 6, 2016, 63 DCR 2211, 20 DCSTAT 3135). § 47–2844.01. Cease and desist orders. [Repealed] [Repealed]. (Apr. 4, 2006, D.C. Law 16-81, § 5(c), 53 DCR 1050; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(38), 70 DCR 1524.) Section References This section is referenced in § 47-2853.08 and § 47-2853.17. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(38) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2845. Prosecutions. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 47; July 1, 1932, 47 Stat. 563, ch. 366; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Apr. 30, 1988, D.C. Law 7-104, § 43(f), 35 DCR 147; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(4), 52 DCR 2638; Mar. 2, 2007, D.C. Law 16-191, § 48(h)(3), 53 DCR 6794; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(39), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2845. 1973 Ed., § 47-2346. Effect of Amendments D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”. D.C. Law 16-191 validated a previously made technical correction. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(39) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2846. Penalties. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 48; July 1, 1932, 47 Stat. 563, ch. 366; Oct. 5, 1985, D.C. Law 6-42, § 469(b), 32 DCR 4450; Apr. 30, 1988, D.C. Law 7-104, § 43(g), 35 DCR 147; Mar. 8, 1991, D.C. Law 8-237, § 28, 38 DCR 314; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; June 11, 2013, D.C. Law 19-317, § 286(s), 60 DCR 2064; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(40), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2846. 1973 Ed., § 47-2347. Effect of Amendments The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than $300” twice. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(40) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 286(s) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). Editor's Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013. § 47–2847. Saving clause. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 49; July 1, 1932, 47 Stat. 563, ch. 366; Apr. 30, 1988, D.C. Law 7-104, § 43(h), 35 DCR 147; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(41), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2847. 1973 Ed., § 47-2348. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(41) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2848. Severability. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 50; July 1, 1932, 47 Stat. 563, ch. 366; Apr. 30, 1988, D.C. Law 7-104, § 43(i), 35 DCR 147; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(42), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2848. 1973 Ed., § 47-2349. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(42) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2849. Refund of erroneously-paid fees. [Repealed] [Repealed]. (July 1, 1902, 32 Stat. 628, ch. 1352, § 7, par. 51; July 1, 1932, 47 Stat. 563, ch. 366; Apr. 30, 1988, D.C. Law 7-104, § 43(j), 35 DCR 147; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(43), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2849. 1973 Ed., § 47-2350. Section References This section is referenced in § 1-321.02. Cross References Mayor, Council and other offices, application of certain sections to boards, commissions and committees, see § 1-321.02. Real property tax sales, refunds, see §§ 47-1317 to 47-1319. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(43) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2850. Rules governing the business of furnishing towing services for motor vehicles. [Repealed] [Repealed]. (Apr. 5, 2005, D.C. Law 15-279, § 2, 52 DCR 841; June 11, 2013, D.C. Law 19-317, § 286(t), 60 DCR 2064; Mar. 22, 2023, D.C. Law 24-333, § 5(b)(44), 70 DCR 1524.) Effect of Amendments The 2013 amendment by D.C. Law 19-317 substituted “of not more than the amount set forth in [§ 22-3571.01]” for “not exceeding $1,000” in (c)(1). Cross References Alcoholic beverage control, licensing, see § 25-101 et seq. Child foster care placement, licensing and endorsements, see § 4-1402. Cooperative associations, licensing and endorsements, see § 29-944. Educational institutions, licensing and endorsements, see § 29-615. Financial institutions, money lenders, licensing and endorsements, see § 26-901. Mortgage lenders and brokers, licensing and endorsements, see § 26-1103. Taxicabs, licensing and endorsements, see § 50-319. Weapons sales, licensing and endorsements, see § 22-4510. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(b) of D.C. Law 24-333 applicable as of October 1, 2025. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(b)(44) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) addition of § 47-2850, see § 2(b) of Towing Vehicles Rulemaking Authority Emergency Act of 2002 (D.C. Act 14-266, January 30, 2002, 49 DCR 1465). For temporary (90 day) addition of § 47-2850, see § 2(b) of Towing Vehicles Rulemaking Authority Continuation Emergency Act of 2002 (D.C. Act 14-567, December 23, 2002, 50 DCR 294). For temporary (90 day) addition of section, see § 2 of Towing Regulation and Enforcement Authority Emergency Act of 2003 (D.C. Act 15-225, November 25, 2003, 50 DCR 10706). For temporary (90 day) addition of section, see § 2(b) of Towing Regulation and Enforcement Authority Congressional Review Emergency Act of 2004 (D.C. Act 15-373, February 19, 2004, 51 DCR 2615). For temporary (90 day) addition of section, see § 2(b) of Towing Regulation and Enforcement Authority Emergency Act of 2004 (D.C. Act 15-554, October 26, 2004, 51 DCR 10364). For temporary (90 day) addition of section, see § 2(b) of Towing Regulation and Enforcement Authority Congressional Review Emergency Act of 2005 (D.C. Act 16-17, February 17, 2005, 52 DCR 2960). For temporary (90 days) amendment of this section, see § 286(t) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). Temporary Legislation For temporary (225 day) addition of section, see § 2(b) of Towing Vehicles Rulemaking Authority Temporary Act of 2002 (D.C. Law 14-126, May 2, 2002, law notification 49 DCR 4401). For temporary (225 day) addition of section, see § 2(b) of Towing Vehicles Rulemaking Authority Continuation Temporary Act of 2002 (D.C. Law 14-277, April 2, 2003, law notification 50 DCR 2740). For temporary (225 day) addition of section, see § 2(b) of Towing Regulation and Enforcement Authority Temporary Act of 2003 (D.C. Law 15-93, March 10, 2004, law notification 51 DCR 3613). For temporary (225 day) addition of section, see § 2 of Towing Regulation and Enforcement Authority Temporary Act of 2004 (D.C. Law 15-248, March 17, 2005, law notification 52 DCR 4124). Editor's Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013. Subchapter I-A. General Provisions. § 47–2851.01. Definitions. For the purposes of [this subchapter], the term: (1) "Basic business license" means the single document designed for public display issued by the Department that certifies a business to operate from a location in the District of Columbia. (2) "Beauty and grooming services" means personal services related to hairstyling, nail care, and cosmetics, including haircuts, color treatments, manicures, pedicures, chemical exfoliation, waxing, makeup application, electrolysis hair removal, and other similar services. (3) "Business" means a trade, profession, or activity that provides, or holds itself out to provide, goods or services to the general public or to a portion of the general public for hire or compensation in the District of Columbia. The term "business" does not include the activities of a government entity or employment for wages or salary. (4) "Business License Center" means the business registration and licensing center established by this subchapter and located in and under the administrative control of the Department of Licensing and Consumer Protection. (5) "Charitable services" means any service whose actual or purported purpose is benevolent, philanthropic, patriotic, educational (except religious education), scientific, environmental conservation, civic, or otherwise eleemosynary. (6) "Contractor and construction services" means any services that involve the planning, acquiring, building, equipping, altering, repairing, improving, or demolishing of any structure or appurtenance. (7) "Cottage food products" means any non-potentially hazardous food, as specified in regulations adopted by the Department of Health, that is sold to consumers, including through direct, retail, and online sales, within the District of Columbia in accordance with § 7-742.02 and regulations adopted by the Department of Health. (8) "Department" means the Department of Licensing and Consumer Protection or any successor agency. (9) "Director" means the Director of the Department of Licensing and Consumer Protection or any successor agency. (10) "Entertainment services" means a performance, recreational activity, spectacle, show, or similar event or service, including events or services occurring at amusement parks, bowling alleys, skating rinks, and theaters. (11) "Environmental services" means any service meant to store, transport, or distribute fuels or solvents, remediate pests or environmental contaminants, and store, transport, or collect solid waste. (12) "Food services" means any handling of food or food products regulated under title 25 of the District of Columbia Municipal Regulations ("DCMR"). (13) "General sales and services" means any services that are not covered by other business license categories in this subchapter. (14) "Health services" means the operation of a swimming pool regulated under title 25C of the DCMR or a pet shop regulated under title 25J of the DCMR. (15) "Housing and lodging services" means the provision of short-term or long-term housing or lodging for residents and visitors in the District, including one-family rentals, two-family rentals, apartments, short-term rentals, hotels, bed and breakfasts, and other similar services. (16) "License" means the whole or part of any agency permit, license, certificate, approval, registration, charter, or any form or permission required by law, including agency rule, to engage in any activity. (17) "Person" means an individual, sole proprietorship, partnership, association, cooperative, corporation, nonprofit organization, and any other organization required to obtain one or more licenses from the District or any of its agencies. (18) "Public safety services" means any service whose primary purpose is to protect the safety, health, or property of residents of the District, including furnishing security systems, alarms, and personnel. (19) "Regulation" means any licensing or other governmental or statutory requirement pertaining to business or professional activities. (20) "Regulatory agency" means any District agency, board, commission, or division that regulates one or more professions, occupations, industries, businesses, or activities. (21) "Vehicular services" means the repair, servicing, alteration, restoration, towing, painting, cleaning, finishing, or parking of automobiles, trucks, recreational vehicles, boats and other vehicles, boats and other vehicles as a primary use, which may include the incidental wholesale and retail sale of vehicle parts as an accessory use. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), (c), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(c), 50 DCR 6913; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(5), 52 DCR 2638; Apr. 5, 2021, D.C. Law 23-269, § 501(bb)(6), 68 DCR 001490; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(1), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.1. Section References This section is referenced in § 22-4510, § 37-131.02, and § 47-2855.01. Effect of Amendments D.C. Law 15-38, added new par. (1); added par. (1A); redesignated existing par. (1)(A) as par. (1B)(A); in redesignated par. (1B)(A), substituted “in the District of Columbia.” for “, and which pays, or is subject to the payment of, taxes on earnings, or fees in lieu of taxes, to the District of Columbia, or which qualifies for tax-exempt status under District law.”; repealed pars. (6) and (7); in par. 8, deleted “to register with the District to do business in the District and”; and, in par. (12), substituted “basic” for “master”. D.C. Law 15-354, in par. (1B), validated a previously made technical correction. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the amendment of this section by section 5(c)(1) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(1) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the change made to this section by § 5(c)(1) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 2 of Religious Organization Congressional Review Emergency Act of 2002 (D.C. Act 14-535, December 2, 2002, 49 DCR 11645). For temporary (90 day) amendment of section, see § 2 of Religious Organization Exemption Emergency Act of 2002 (D.C. Act 14-415, July 17, 2002, 49 DCR 7382). For temporary (90 day) amendment of section, see § 2 of Religious Organization Exemption Congressional Review Emergency Act of 2003 (D.C. Act 15-45, March 24, 2003, 50 DCR 2812). For temporary (90 day) amendment of section, see § 2(c) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August Temporary Legislation For temporary (225 day) amendment of section, see § 2 of Religious Organization Exemption Amendment Temporary Act of 2002 (D.C. Law 14-216, March 25, 2002, law notification 50 DCR 2729). Editor's Notes Section 4 of Law 15-38 provided: “Within 16 months of the effective date of this act, the Mayor shall provide the Council with a 12-month report on the effect of this act on the regulatory, economic development, and consumer protection operations of the District of Columbia, with recommendations for modification to the District of Columbia’s regulatory framework, as warranted.” § 47–2851.01a. Scope of subchapter. (a) This subchapter provides for the issuance of a basic business license to a business located in the District. (b) Notwithstanding whether an individual's employer maintains a basic business license, an individual may be subject to professional and occupational licensure under subchapter I-B of this chapter. (c) The issuance of a basic business license does not guarantee the registration of a trade name under subchapter I-C of this chapter. (Mar. 22, 2023, D.C. Law 24-333, § 5(c)(2), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the creation of this section by section 5(c)(2) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(2) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the creation of this section by § 5(c)(2) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2851.01b. Powers and duties of the Department. (a) The Department shall administer and enforce the provisions of this subchapter. (b)(1) The Director, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter. (2) The proposed rules shall be submitted to the Council for a 45-day review period, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. (c) The Department is authorized and empowered to suspend or revoke any license issued pursuant to this subchapter when, in the Director's judgment, such suspension or revocation is considered desirable in the interest of public decency or the protection of lives, limbs, health, comfort, and quiet of the residents of the District of Columbia, or for any other reason the Director may consider sufficient. (d) All departments and agencies in the District of Columbia government are hereby directed to provide full participation and cooperation in the implementation of this subchapter. (e) Nothing in this subchapter shall be construed as limiting or reassigning any District agency's power to inspect for compliance, as required by statute or regulation; provided, that any agency finding of noncompliance that affects the inspected person's eligibility for a basic business license shall be referred to the Department for appropriate action with respect to the basic business license. (Mar. 22, 2023, D.C. Law 24-333, § 5(c)(2), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the creation of this section by section 5(c)(2) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(2) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the creation of this section by § 5(c)(2) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2851.02. Basic business license required. (a) A person doing business in the District of Columbia shall maintain a basic business license in accordance with this subchapter. (b) The Department shall issue or renew a basic business license to an applicant who complies with all applicable District and federal laws and regulations. (c) A basic business license shall be required for each business location. (d) Notwithstanding subsection (a) of this section and except as required under subchapter I-A of this chapter, an individual employed by the holder of a basic business license is not required to maintain a basic business license to participate in the business of the license holder. (e) Licenses granted under this subchapter may be assigned or transferred upon approval by the Department and payment of the applicable fee. (f) The Department shall maintain and periodically update a roster of all businesses that have been issued a basic business license, indicating the license endorsements appended to each basic business license. (g) No person shall set up, operate, or conduct a business or device by or in which any person, animal, or living object shall act or be exposed as a target for a ball, projectile, missile, or thing thrown or projected for or in consideration of profit or gain, directly or indirectly. (h)(1) This section shall not apply to activities conducted in connection with: (A) A bona fide regularly scheduled national annual convention of any national association of a professional beauty and grooming service from which the general public is excluded; (B) A business activity that has a gross annual revenue of $2,000 or less; (C) Entertainments, concerts, or performances of any kind where the proceeds are intended for church or charitable purposes, and where no rental is charged; or (D) Cottage food products. (2) Upon request by the Department, a person applying for the exemption provided by paragraph(1)(B) of this subsection shall submit a letter self-certifying that the gross annual revenue of the business activity for which the exemption is sought does not exceed $2,000. (i) An applicant who makes a false statement in a self-certification letter under subsection (h)(2) of this section shall be guilty of a Class 1 civil infraction and subject to fines pursuant to section 3201 of Title 16 of the District of Columbia Municipal Regulations. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), (d), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38,§ 2(d), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(3), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.2. Effect of Amendments D.C. Law 15-38 rewrote the section. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the amendment of this section by section 5(c)(3) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(3) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the change made to this section by § 5(c)(3) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 2(d) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2851.02a. License exemption for de minimis business activity. [Repealed] [Repealed]. (Feb. 18, 2017, D.C. Law 21-213, § 3(c), 63 DCR 15330; Apr. 5, 2021, D.C. Law 23-269, § 501(bb)(7), 68 DCR 001490; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(4), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(c)(4) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(4) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(c)(4) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Section 7024 of D.C. Law 22-33 repealed § 4 of D.C. Law 21-213. Therefore the creation of this section by D.C. Law 21-213 has been implemented. Applicability of D.C. Law 21-213: § 4 of D.C. Law 21-213 provided that the creation of this section by § 3(c) of D.C. Law 21-213 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) repeal of § 4 of D.C. Law 21-213, see § 7024 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802). For temporary (90 days) repeal of § 4 of D.C. Law 21-213, see § 7024 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032). § 47–2851.03. Categories of basic business licenses; endorsements. (a) Basic business licenses shall be issued by the Department under the following categories: (1) Beauty and grooming services; (2) Charitable services; (3) Contractor and construction services; (4) Entertainment services; (5) Environmental services; (6) Food services; (7) General sales and services; (8) Health services; (9) Housing and lodging services; (10) Public safety services; and (11) Vehicular services. (b) Owners, managers, or promoters of carnivals or fairs, by whatsoever name called, conducted for profit or gain and not held in any building or structure licensed under this chapter shall obtain a temporary special event license from the Department. (c) The Department may, through the promulgation of rules pursuant to subchapter 1 of Chapter 5 of Title 2: (1) Create additional basic business license categories beyond those in subsection (a) of this section; except, that the total number of categories may not exceed 15; and (2) Create and revise basic business license endorsement categories for specific business activities within each business license category of subsection (a) of this section and any additional business license categories created through rulemaking; provided, that such endorsements shall not have a cost to the licensee. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(e), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(e), 50 DCR 6913; Sept. 30, 2004, D.C. Law 15-187, § 302(b), 51 DCR 6525; May 19, 2017, D.C. Law 21-281, § 5, 64 DCR 1648; Apr. 25, 2019, D.C. Law 22-307, § 201(c), 66 DCR 898; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(5), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.3. Section References This section is referenced in § 25-313. Effect of Amendments D.C. Law 15-38 rewrote the section. D.C. Law 15-187 repealed par. (1) of subsec. (a) which had read as follows: “(1) Alcoholic beverages, except that a basic business license bearing an Alcoholic Beverages endorsement shall also indicate the class of endorsement applicable for the licensed business;” Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the amendment of this section by section 5(c)(5) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(5) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the change made to this section by § 5(c)(5) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Applicability of D.C. Law 22-307: Section 15 of D.C. Law 23-68 repealed § 301 of D.C. Law 22-307. Therefore the changes made to this section by D.C. Law 22-307 have been implemented. Applicability of D.C. Law 22-307: Section 6(b) of D.C. Act 23-165 repealed, on an emergency basis, § 301 of D.C. Law 22-307. Therefore the changes made to this section by D.C. Law 22-307 have been implemented. Applicability of D.C. Law 22-307: § 301 of D.C. Law 22-307 provided that the change made to this section by § 201(c) of D.C. Law 22-307 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 5 of Stun Gun Regulation Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-31, Mar. 27, 2017, 64 DCR 3084). For temporary (90 days) amendment of this section, see § 5 of Stun Gun Regulation Emergency Amendment Act of 2016 (D.C. Act 21-630, Jan. 24, 2017, 64 DCR 907). For temporary (90 day) amendment of section, see § 116(l) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). For temporary (90 day) amendment of section, see § 2(e) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2851.03a. Existing licenses eliminated. [Repealed] [Repealed]. (Apr. 20, 1999, D.C. Law 12-261, § 2002(f), 46 DCR 3142; Apr. 4, 2001, D.C. Law 13-277, § 3(e), 48 DCR 2043; Dec. 18, 2001, D.C. Law 14-56, § 116(l), 48 DCR 7674; Mar. 13, 2004, D.C. Law 15-105, § 12(f), 51 DCR 881; Sept. 30, 2004, D.C. Law 15-187, § 302(c), 51 DCR 6525; Apr. 13, 2005, D.C. Law 15-354, § 85(b), 52 DCR 2638; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(6), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.3a. Effect of Amendments D.C. Law 13-277, in subsec. (k)(3)(B), added the second sentence. D.C. Law 14-56, in subsec., (k)(1)(B), added the last sentence. D.C. Law 15-105, in subsec. (f), validated a previously made technical correction. D.C. Law 15-187 repealed subsec. (a). D.C. Law 15-354, in subsec. (f), validated a previously made technical correction. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(c)(6) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(6) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(c)(6) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 16(l) of Department of Mental Health Establishment Emergency Amendment Act of 2001 (D.C. Act 14-55, May 2, 2001, 48 DCR 4390). For temporary (90 day) amendment of section, see § 16(l) of Department of Mental Health Establishment Congressional Review Emergency Amendment Act of 2001 (D.C. Act 14-101, July 23, 2001, 48 DCR 7123). For temporary (90 day) amendment of section, see § 116(l) of Mental Health Service Delivery Reform Congressional Review Emergency Act of 2001 (D.C. Act 14-144, October 23, 2001, 48 DCR 9947). Temporary Legislation For temporary (225 day) amendment of section, see § 16(l) of Department of Mental Health Establishment Temporary Amendment Act of 2001 (D.C. Law 14-51, October 30, 2001, law notification 49 DCR 352). Short Title Short title of title II of Law 12-261: Section 2001 of D.C. Law 12-261 provided that title II of the act may be cited as the Business Regulatory Reform Act of 1998. § 47–2851.03b. Unique identifying number. [Repealed] [Repealed]. (Apr. 20, 1999, D.C. Law 12-261, § 2002(f), 46 DCR 3142; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(7), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.3b. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(c)(7) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(7) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(c)(7) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Short Title Short title of title II of Law 12-261: See Historical and Statutory Notes following § 47-2851.03a. § 47–2851.03c. Agencies’ power to inspect and revoke licensure. [Repealed] [Repealed]. (Apr. 20, 1999, D.C. Law 12-261, § 2002(f), 46 DCR 3142; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(8), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.3c. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(c)(8) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(8) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(c)(8) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Short Title Short title of title II of Law 12-261: See Historical and Statutory Notes following § 47-2851.03a. § 47–2851.03d. General Business License and General Contractor/Construction Manager License. [Repealed] [Repealed]. (Aug. 16, 2008, D.C. Law 17-219, § 2007(b), 55 DCR 7598; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(9), 70 DCR 1524.) Section References This section is referenced in § 47-2851.13. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(c)(9) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(9) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(c)(9) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Short Title Short title: Section 2006 of D.C. Law 17-219 provided that subtitle C of title II of the act may be cited as the “Business Licensing Processing Adjustment Act of 2008”. § 47–2851.04. License application and fees. *NOTE: This section includes amendments by temporary legislation that will expire on August 13, 2026. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.* (a) A person applying for an initial basic business license shall pay a license fee of: (1) $49 for a 6-month license; (2) $99 for a 2-year license; and (3) $198 for a 4-year license. (b) For the renewal of: (1) An initial 6-month license, a person shall pay a license fee of $49 for a second 6-month license; provided, that only one $49 renewal of a 6-month license shall be permitted; thereafter, the person shall pay a renewal license fee according to paragraph (2) of this subsection; (2) A 2-year license, a person shall pay a license fee of $99; and (3) A 4-year license, a person shall pay a license fee of $198. (c)(1) Notwithstanding subsections (a) and (b) of this section, a business with expected or actual gross annual revenue of between $2,000 and $10,000 shall be exempt from the payment of basic business licensing fees. (2)(A) When applying for an initial basic business license or when applying to renew a basic business license, a person claiming an exemption pursuant to paragraph (1) of this subsection shall submit a statement certifying that the annual gross revenue for the person's business will not or does not exceed $10,000 ("self-certification statement"). (B) The self-certification statement submitted pursuant to subparagraph (A) of this paragraph shall be submitted on a form published by the Department. The form shall include a space for the person to enter his or her expected annual gross revenue for the next year or the gross annual revenue for the previous year. (3) If circumstances change such that the business no longer qualifies for the exemptions provided by this subsection after the submission of a self-certification statement, the person who submitted the self-certification statement shall inform the Department within 30 days of the change of circumstances. (4) An applicant who knowingly makes a false statement in a self-certification statement or who knowingly fails to inform the Department that a business no longer qualifies for the exemption shall be: (A) Guilty of a Class 1 civil infraction and subject to fines pursuant to section 3201 of Title 16 of the District of Columbia Municipal Regulations; and (B) Barred from receiving a basic business license for 5 years. (d)(1) A person applying for a temporary special event license pursuant to § 47-2851.03(b) shall pay a license fee of $158 per day. (2) The Mayor may adjust the license fee set forth in paragraph (1) of this subsection to cover the costs to the District of providing police, fire, and other public services that are necessary to protect public health and safety. (e) The Department may revise the fees established in this section through the promulgation of rules pursuant to subchapter I of Chapter 5 of Title 2. (f) Nothing in this section shall be construed to supersede the zoning regulations. (g)(1) The Department shall not charge a license fee to a charity. (2) The Department may accept an affidavit of religious exemption in lieu of a certificate of registration. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(f), 50 DCR 6913; Sept. 24, 2010, D.C. Law 18-223, §§ 2030, 2054, 57 DCR 6242; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(10), 70 DCR 1524; Dec. 31, 2025, D.C. Law 26-78, § 3(b), 72 DCR 12889.) Prior Codifications 1981 Ed., § 47-2851.4. Effect of Amendments D.C. Law 15-38, in subsec. (a), substituted “basic” for “master”. D.C. Law 18-223, in subsec. (a), added the second sentence; and, in subsec. (c)(1), designated the existing text as subpar. (A) and added subpar. (B). Applicability Section 4 of D.C. Law 26-78 provided that the amendments made to this section by section 3(b) of D.C. Law 26-78 shall apply as of October 1, 2025. Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the amendment of this section by section 5(c)(10) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(2) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the change made to this section by § 5(c)(10) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 3(b) of Revised Business Licensing Reform Emergency Amendment Act of 2025 (D.C. Act 26-165, Oct. 23, 2025, 0 DCR 0). For temporary (90 day) amendment of section, see § 2(f) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). For temporary (90 day) amendment of section, see §  210 of Fiscal Year 2010 Balanced Budget Support Emergency Act of 2010 (D.C. Act 18-450, June 28, 2010, 57 DCR 5635). For temporary (90 day) amendment of section, see §  210 of Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D.C. Act 18-531, August 6, 2010, 57 DCR 8109). For temporary (90 day) amendment of section, see §§  2030, 2054 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542). Temporary Legislation For temporary (225 days) amendment of this section, see § 3(b) of Revised Business Licensing Reform Temporary Amendment Act of 2025 (D.C. Law 26-78, Dec. 31, 2025, 72 DCR 12889). Section 210 of D.C. Law 18-222, in subsec. (c)(1), designated the existing text as subpar. (A) and added subpar. (B) to read as follows: “(B) The Director, pursuant to subchapter I of Chapter 5 of Title 2, may revise such fees as are established by this subchapter. The proposed rules issued pursuant to this subparagraph shall be submitted to the Council for a 90-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 90-day review period, the proposed rules shall be deemed disapproved.”. Section 2002(b) of D.C. Law 18-222 provided that the act shall expire after 225 days of its having taken effect. § 47–2851.05. Business license center. (a) There is created the Business License Center (“Center”) within the Department of Licensing and Consumer Protection. (b) The duties of the Center shall include the following: (1) Developing and administering a computerized “one-stop” basic business license system capable of storing, retrieving, and exchanging license information with due regard to privacy statutes, as well as issuing and renewing basic business licenses in an efficient manner; (2) Creating a license information service that shall provide to any member of the public, upon request, printed or electronic information detailing requirements to establish or engage in business in the District, including a list of all information, approvals, documents, and payments required for each and every license issued by the District government; (3) [Repealed]. (4) [Repealed]. (5) [Repealed]. (6) [Repealed]. (7) Providing a license information service to prepare and distribute license information packets that detail requirements for establishing or engaging in business in the District of Columbia; and (8) To the extent feasible, each basic business license shall have a unique identifying number to be used for all official purposes, including taxation. (c) [Repealed]. (d) [Repealed]. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), (g), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38,§ 2(g), 50 DCR 6913; Apr. 5, 2021, D.C. Law 23-269, § 501(bb)(8), 68 DCR 001490; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(11), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.5. Effect of Amendments D.C. Law 15-38, in pars. (1), (3), (4), and (6) of subsec. (b), substituted “basic” for “master” throughout. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the amendment of this section by section 5(c)(11) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(11) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the change made to this section by § 5(c)(11) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 2(g) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2851.06. Public information. (a) The Department shall compile information regarding the regulatory programs associated with each business regulated under this subchapter and provide the information to a person requesting it. (b) Notwithstanding any other provision of District law, information submitted to the Department under this subchapter shall not be made available to the public; except, that a person may be furnished with such information for one registrant based upon the submission of either the name or address of the registrant; except also, that the person shall be limited to one request per day. (c) Federal Employer Identification numbers and social security numbers shall not be released to the public, except as requested by a law enforcement agency or directed by a court order. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(h), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(12), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.6. Section References This section is referenced in § 2-534. Effect of Amendments D.C. Law 15-38, in subsec. (a)(1), substituted “basic” for “master”; and added subsecs. (c) and (d). Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the amendment of this section by section 5(c)(12) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(12) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the change made to this section by § 5(c)(12) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 2(a) of Master Business Registration Delay Emergency Act of 2002 (D.C. Act 14-595, January 7, 2003, 50 DCR 647). For temporary (90 day) amendment of section, see § 2(a) of Master Business Registration Delay Congressional Review Emergency Act of 2003 (D.C. Act 15-73, April 16, 2003, 50 DCR 3616). For temporary (90 day) amendment of section, see § 2(a) of Master Business Registration Second Delay Emergency Act of 2003 (D.C. Act 15-83, May 19, 2003, 50 DCR 4100). For temporary (90 day) amendment of section, see § 2(h) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). Temporary Legislation For temporary (225 day) amendment of section, see § 2(a) of Master Business Registration Temporary Act of 2003 (D.C. Law 14-302, May 3, 2003, law notification 50 DCR 3776). § 47–2851.07. Issuance of licenses. *NOTE: This section includes amendments by temporary legislation that will expire on August 13, 2026. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.* (a) A person applying for a basic business license shall submit, in a form published by the Department, proof of the following: (1) Entity filing as required by the Business Organizations Code, Title 29; (2) Tax registration as required by Chapter 18; (3) Certificate of occupancy as required by Title 11 of the District of Columbia Municipal Regulations; (4) That the applicant does not owe the District more than $1,000 in outstanding taxes, fines, penalties or interest pursuant to § 47-2862; (5) Workers' Compensation insurance coverage or an exemption to the coverage; and (6) Any other information or documentation considered necessary by the Department. (b)(1) The social security number of each applicant for a license issued pursuant to this chapter, for membership in the bar of the District of Columbia Court of Appeals pursuant to § 11-2501, and for any recreational license issued in the District of Columbia shall be recorded on the application. (2) If a number other than the social security number is used on the face of the license or membership document, the issuing agency or entity shall keep the applicant's social security number on file, and the applicant shall be so advised. (c) Licenses issued under this subchapter shall be valid for a period of 6 months, 2 years, or 4 years. (d) All licenses granted under this subchapter must be conspicuously posted on the premises of the licensee, and the licenses shall be accessible at all times for inspection by the police or the Department. (e)(1) Notwithstanding any authority delegated to the Department to implement the provisions of this subchapter, the authority for determining eligibility and fitness for the issuance and renewal of any requested license that requires a pre-licensing or renewal investigation, inspection, testing, or other judgmental review by the regulatory agency legally authorized to make such determination shall remain with that agency. (2) Upon receipt of the application and proper fee payment for a license for which issuance is subject to regulatory agency action under paragraph (1) of this subsection, the Department shall promptly notify the relevant regulatory agency of the license requested by the applicant. (3) Each regulatory agency shall advise the Department within 30 days after receiving the notice, or such other period as is established by law, that: (A) The agency approves the issuance of the requested license and will advise the applicant of any specific conditions required for issuing the license; (B) The agency denies the issuance of the license and gives the applicant reasons for the denial; or (C) No action has been taken on the application, for which the Department shall provide good and sufficient reasons for the delay and an estimate of when the action will be taken. (f)(1) The Department shall advise the applicant of the status of other requested licenses. (2) It is the responsibility of the applicant to contest the decision regarding conditions imposed or licenses denied through the normal process established by statute or by regulation. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(i), 50 DCR 6913; Dec. 7, 2004, D.C. Law 15-205, § 1104, 51 DCR 8441; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(13), 70 DCR 1524; Dec. 6, 2025, D.C. Law 26-55, § 2163(a), 72 DCR 9825; Dec. 31, 2025, D.C. Law 26-78, § 3(c), 72 DCR 12889.) Prior Codifications 1981 Ed., § 47-2851.7. Effect of Amendments D.C. Law 15-38, in subsec. (a), substituted “basic business license application” for “master application” in two places; in subsecs. (b) and (e)(1), substituted “basic” for “master”; repealed subsec. (c)(2); and in subsec. (f), substituted “basic business license application” for “master application”. Prior to repeal, subsec. (c)(2) had read as follows: “(2) The Center shall have the authority to issue, without endorsement, a Class B license for which the proper fee payment and a completed application form has been received and for which no pre-licensing or renewal approval action is required by any regulatory agency.” D.C. Law 15-205, in subsec. (a), substituted “business license application, along with proof of Workers’ Compensation insurance coverage, or an exemption therefrom, to the Center” for “business license application to the Center”. Applicability Section 4 of D.C. Law 26-78 provided that the amendments made to this section by section 3(c) of D.C. Law 26-78 shall apply as of October 1, 2025. Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the amendment of this section by section 5(c)(13) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(13) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the change made to this section by § 5(c)(13) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 2163(a) of Fiscal Year 2026 Budget Support Congressional Review Emergency Act of 2025 (D.C. Act 26-210, Nov. 24, 2025, 72 DCR 13514). For temporary (90 days) amendment of this section, see § 3(c) of Revised Business Licensing Reform Emergency Amendment Act of 2025 (D.C. Act 26-165, Oct. 23, 2025, 0 DCR 0). For temporary (90 days) amendment of this section, see § 2163(a) of Fiscal Year 2026 Budget Support Emergency Act of 2025 (D.C. Act 26-146, Sept. 3, 2025, 72 DCR 9623). For temporary (90 day) amendment of section, see § 2(i) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). For temporary (90 day) amendment of section, see §  1104 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236). For temporary (90 day) amendment of section, see §  1104 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725). Temporary Legislation For temporary (225 days) amendment of this section, see § 3(c) of Revised Business Licensing Reform Temporary Amendment Act of 2025 (D.C. Law 26-78, Dec. 31, 2025, 72 DCR 12889). § 47–2851.08. Basic business license application fees; renewal fees. [Repealed] [Repealed]. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), (h), 46 DCR 3142; June 5, 2003, D.C. Law 14-307,§ 1607, 49 DCR 11664; Oct. 28, 2003, D.C. Law 15-38, § 2(j), 50 DCR 6913; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(6), 52 DCR 2638; Aug. 16, 2008, D.C. Law 17-219, § 2007(c), 55 DCR 7598; Nov. 13, 2021, D.C. Law 24-45, § 6025, 68 DCR 010163; Sept. 21, 2022, D.C. Law 24-167, § 6012(a), 69 DCR 009223; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(14), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.8. Effect of Amendments D.C. Law 14-307 rewrote subsec. (a)(1) which had read as follows: “(a)(1) The Center shall collect a fee of $25 for each master business license it issues, plus $5 for each endorsement added to the master business license.” D.C. Law 15-38, in subsec. (a)(1), substituted “basic” for “master” wherever appearing; in subsecs. (a)(2) and (b)(2), substituted “Basic” for “Master”; in subsec. (c), deleted “inspected or uninspected” preceding “license endorsements”; and in subsec. (d), substituted “General Fund of the District of Columbia” for “general fund” and “government” for “Government”. D.C. Law 15-354, in the section heading and subsecs. (a)(2) and (b)(2), validated previously made technical corrections. D.C. Law 17-219 rewrote subsecs. (a)(1) and (b)(1). Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(c)(14) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(14) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(c)(14) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 6012(a) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707). For temporary (90 days) amendment of this section, see § 6025 of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602). For temporary (90 day) amendment of section, see § 1607 of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700). For temporary (90 day) amendment of section, see § 1607 of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151). For temporary (90 day) amendment of section, see § 1607 of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499). For temporary (90 day) amendment of section, see § 2(j) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August § 47–2851.09. License expiration date. [Repealed] [Repealed]. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(k), 50 DCR 6913; Apr. 23, 2013, D.C. Law 19-277, § 2(a), 60 DCR 2117; Sept. 21, 2022, D.C. Law 24-167, § 6012(b), 69 DCR 009223; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(15), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.9. Section References This section is referenced in § 47-2805.01, § 47-2851.05, and § 47-2851.15. Effect of Amendments D.C. Law 15-38 substituted “basic” for “master” throughout the section. The 2013 amendment by D.C. Law 19-277 rewrote (a)(2). Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(c)(15) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(15) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(c)(15) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 6012(b) of Fiscal Year 2023 Budget Support Emergency Act of 2022 (D.C. Act 24-470, July 13, 2022, 69 DCR 008707). For temporary (90 day) amendment of section, see § 2(k) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2851.10. Lapsed and reinstated licenses. *NOTE: This section includes amendments by temporary legislation that will expire on August 13, 2026. To view the text of this section after the expiration of all emergency and temporary legislation affecting this section, click this link: Permanent Version.* (a)(1) The Department shall, by electronic mail or other methods of communication, send notice of impending license expiration, an application for renewal, and a statement of the applicable renewal fee to each licensee no later than 60 days prior to the expiration date to the mailing address or electronic mail address shown on the Department's records for the licensee. (2) It shall be the responsibility of the licensee to update the address information maintained by the Department. (b)(1)(A) A license that has not been revoked, suspended, or voluntarily relinquished and that has not been renewed by its expiration date shall be deemed to be lapsed. (B) A licensee may apply for renewal of the license at any time within 30 days after the lapsing of the license, and the license shall be reinstated upon the payment of a penalty of $75 plus other applicable fees or penalties provided by law. (2)(A) A license that is lapsed for more than 30 days shall be deemed to be expired. (B) A licensee whose license is lapsed for more than 30 days, but less than 6 months, may apply for renewal of the license, and the license shall be reinstated upon the payment of a penalty of $150, plus all other applicable fees and penalties provided by law. (3)(A) A license that is lapsed for more than 6 months shall be deemed to be expired. (B) A licensee whose license is lapsed for more than 6 month[s] may apply for renewal of the license, and the license shall be reinstated upon payment of a penalty of $350, plus other applicable fees and penalties provided by law, and the completion of any reinstatement requirements considered necessary by the Department. (4) To encourage a licensee to come into compliance with the District's business licensing laws, the Department may, in accordance with rules issued by the Director, waive the late fee and penalty for reinstating a lapsed license or an expired license. (c) The Department may, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this section. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(i), 46 DCR 3142; Mar. 3, 2010, D.C. Law 18-111, § 2041(b), 57 DCR 181; Apr. 23, 2013, D.C. Law 19-277, § 2(b), 60 DCR 2117; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(16), 70 DCR 1524; Dec. 6, 2025, D.C. Law 26-55, § 2163(b), 72 DCR 9825; Dec. 31, 2025, D.C. Law 26-78, § 3(d), 72 DCR 12889.) Prior Codifications 1981 Ed., § 47-2851.10. Effect of Amendments D.C. Law 18-111 rewrote subsecs. (a), (b) and (c). The 2013 amendment by D.C. Law 19-277 substituted “60 days” for “30 days” in (a). Applicability Section 4 of D.C. Law 26-78 provided that the amendments made to this section by section 3(d) of D.C. Law 26-78 shall apply as of October 1, 2025. Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the amendment of this section by section 5(c)(16) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(16) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the change made to this section by § 5(c)(16) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 2163(b) of Fiscal Year 2026 Budget Support Congressional Review Emergency Act of 2025 (D.C. Act 26-210, Nov. 24, 2025, 72 DCR 13514). For temporary (90 days) amendment of this section, see § 3(d) of Revised Business Licensing Reform Emergency Amendment Act of 2025 (D.C. Act 26-165, Oct. 23, 2025, 0 DCR 0). For temporary (90 days) amendment of this section, see § 2163(b) of Fiscal Year 2026 Budget Support Emergency Act of 2025 (D.C. Act 26-146, Sept. 3, 2025, 72 DCR 9623). For temporary (90 day) amendment of section, see § 2041(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see § 2041(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). Temporary Legislation For temporary (225 days) amendment of this section, see § 3(d) of Revised Business Licensing Reform Temporary Amendment Act of 2025 (D.C. Law 26-78, Dec. 31, 2025, 72 DCR 12889). Short Title Short title: Section 2040 of D.C. Law 18-111 provided that subtitle E of title II of the act may be cited as the “Business Licensing Processing Adjustment Act of 2009”. § 47–2851.11. Denial of master [Repealed] [Repealed]. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 21, 2000, D.C. Law 13-183, § 2(a), 47 DCR 7062; Oct. 28, 2003, D.C. Law 15-38, § 2(l), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(17), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.11. Effect of Amendments D.C. Law 13-183 rewrote subsec. (a)(2) which formerly provided: “The person or business is delinquent in taxes, periodic reports, or penalties owing to the District, or is not validly registered in accordance with District law; the Department of Finance and Revenue shall cooperate with the business license center to determine if such taxes, fees, or penalties are owing.” D.C. Law 15-38, in subsec. (a), substituted “basic” for “master” in the introductory paragraph and in par. (4). Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(c)(17) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(17) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(c)(17) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 2(l) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2851.12. Additional licenses. [Repealed] [Repealed]. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(m), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(18), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.12. Effect of Amendments D.C. Law 15-38 substituted “basic” for “master” throughout the section. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(c)(18) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(18) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(c)(18) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 2(m) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2851.13. Establishment of Basic Business License Fund. (a) There is established as a special fund the Basic Business License Fund ("Fund"), which shall be administered by the Department of Licensing and Consumer Protection in accordance with subsection (c) of this section. (b)(1) Except as provided in paragraph (2) of this subsection, all fees collected for the issuance of a basic business license, including renewals, late renewal penalties, other penalties, and fines, shall be deposited into the Fund. (2) Half of the total amount of penalties and fines collected as a result of notices of infractions issued for basic business license violations shall also be deposited in the Fund. (c) Revenue credited to the Fund shall be for: (1) Maintaining and improving the basic business licensing system; (2) Personnel and supply costs; (3) Educational and outreach activities on the requirements of this subchapter; and (4) Any other costs associated with administering this subchapter. [(d)] Any money remaining available in the Fund at the end of a fiscal year, as determined by the Chief Financial Officer in the fiscal year-end close, shall be transferred to the unassigned fund balance of the General Fund of the District of Columbia as part of the fiscal year-end close. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(n), 50 DCR 6913; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(7), 52 DCR 2638; Aug. 16, 2008, D.C. Law 17-219, § 2007(d), 55 DCR 7598; Oct. 22, 2009, D.C. Law 18-71, § 12(c)(4), 56 DCR 6619; Mar. 3, 2010, D.C. Law 18-111, § 2041(c), 57 DCR 181; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(19), 70 DCR 1524; Dec. 6, 2025, D.C. Law 26-55, § 7078, 72 DCR 9825.) Prior Codifications 1981 Ed., § 47-2851.13. Section References This section is referenced in § 7-733 and § 47-2851.08. Effect of Amendments D.C. Law 15-38, in subsec. (a), substituted “Basic” for “Master” and “proprietary” for “propriety”; and in subsecs. (b) and (c), substituted “basic” for “master” throughout. D.C. Law 15-354, in the section heading, validated a previously made technical correction. D.C. Law 17-219 added subsec. (d). D.C. Law 18-71 rewrote subsec. (b), which had read as follows: “(b) All fees collected for the issuance of a basic business license and endorsements, including renewals and fines, shall be deposited in the Fund by the Treasurer of the District of Columbia. The entire cost of the basic business licensing system shall be paid from the Fund and no other appropriated funds may be used for that purpose.” D.C. Law 18-111, in the section heading, substituted “license fees, penalties, and fines” for “licensing fees”; and rewrote subsec. (b). Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the amendment of this section by section 5(c)(19) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(19) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the change made to this section by § 5(c)(19) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 7078 of Fiscal Year 2026 Budget Support Congressional Review Emergency Act of 2025 (D.C. Act 26-210, Nov. 24, 2025, 72 DCR 13514). For temporary (90 days) amendment of this section, see § 7078 of Fiscal Year 2026 Budget Support Emergency Act of 2025 (D.C. Act 26-146, Sept. 3, 2025, 72 DCR 9623). For temporary (90 day) amendment of section, see § 2(n) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). For temporary (90 day) amendment of section, see § 2041(c) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see § 2041(c) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). § 47–2851.14. Certain professional licenses exempt. [Repealed] Repealed. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(j), 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2851.14. § 47–2851.15. Existing licenses or permits. (a) A license or permit issued by the District which is valid on the effective date of this subchapter need not be registered under the basic business license system until the renewal or expiration date of that license or permit under the law in effect prior to the effective date of this subchapter, unless it has been otherwise revoked or suspended. (b) Upon the renewal date of the above-referenced license or permit, the applicant shall receive a renewal date in accordance with the provisions of this subchapter (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(o), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(20), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.15. Effect of Amendments D.C. Law 15-38, in subsec. (a), substituted “basic” for “master”. Applicability Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(20) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the change made to this section by § 5(c)(20) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 2(o) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2851.16. Third party inspections for license endorsements. (a) The Department may, if the Director determines it is feasible, allow a business required to be inspected under this subchapter the option of obtaining an inspection by an authorized third-party inspector. (b) The third-party inspector shall be qualified by virtue of a certification from a nationally recognized and accredited organization; provided that the third-party inspector: (1) Is hired at the applicant’s own expense; (2) Has obtained a valid District of Columbia license in the relevant area of expertise for which inspection authorization is sought; and (3) Submits a sworn statement that no conflict of interest will arise with regard to the inspection of the applicant’s business. (c) After conducting an appropriate review, the Director may from time to time authorize, or revoke the authorization of, organizations and individuals to conduct inspections for purposes of obtaining a basic business license or its endorsements under this chapter. (d) The Department shall make known to any applicant or re-applicant for a basic business license the option of choosing inspection by the District or inspection by an approved organization or individual and shall provide, upon request, the names of approved inspectors relevant to the particular basic business license application. (e) The Department shall accept the findings of the third party inspector, and shall consider third party inspections permitted under this section as proper inspections for the purpose of issuance of a basic business license issued pursuant to this chapter. (f) Persons who avail themselves of the third party inspection option are not entitled to a refund of any portion of the license fee. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(k), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(p), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(21), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.16. Effect of Amendments D.C. Law 15-38, in the section heading, deleted “Class A” preceding “license” and in subsecs. (c) and (d), substituted “basic” for “master”. Applicability Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(21) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the change made to this section by § 5(c)(21) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 2(p) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896), § 47–2851.17. Performance audit. [Repealed] [Repealed]. (Apr. 29, 1998, D.C. Law 12-86, § 101(b), 45 DCR 1172; Apr. 20, 1999, D.C. Law 12-261, § 2002(b), 46 DCR 3142; Apr. 20, 1999, D.C. Law 12-264, § 52(t), 46 DCR 2118; Oct. 28, 2003, D.C. Law 15-38, § 2(q), 50 DCR 6913; Aug. 17, 2016, D.C. Law 21-143, § 13(c)(2), 63 DCR 7589.) Prior Codifications 1981 Ed., § 47-2851.17. Effect of Amendments D.C. Law 15-38 substituted “basic” for “master”. Emergency Legislation For temporary (90 days) repeal of this section, see § 12(c)(2) of Repeal of Outdated and Unnecessary Audit Mandates Emergency Amendment Act of 2016 (D.C. Act 21-403, May 21, 2016, 63 DCR 7925). For temporary (90 day) amendment of section, see § 2(q) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2851.18. Participation of District agencies. [Repealed] [Repealed]. (Apr. 20, 1999, D.C. Law 12-261, § 2002(l), 46 DCR 3142; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(22), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.18. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(c)(22) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(17) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(c)(22) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Short Title Short title of title II of D.C. Law 12-261: Section 2001 of D.C. Law 12-261 provided that title II of the act may be cited as the Business Regulatory Reform Act of 1998. § 47–2851.19. Amnesty period. [Repealed] [Repealed]. (Apr. 20, 1999, D.C. Law 12-261, § 2002(l), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(r), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(23), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.19. Effect of Amendments D.C. Law 15-38 rewrote the section. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(c)(23) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(23) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(c)(23) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 2(b) of Master Business Registration Delay Emergency Act of 2002 (D.C. Act 14-595, January 7, 2003, 50 DCR 647). For temporary (90 day) amendment of section, see § 2(b) of Master Business Registration Delay Congressional Review Emergency Act of 2003 (D.C. Act 15-73, April 16, 2003, 50 DCR 3616). For temporary (90 day) amendment of section, see § 2(b) of Master Business Registration Second Delay Emergency Act of 2003 (D.C. Act 15-83, May 19, 2003, 50 DCR 4100). For temporary (90 day) amendment of section, see § 2(r) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). Temporary Legislation For temporary (225 day) amendment of section, see § 2(b) of Master Business Registration Temporary Act of 2003 (D.C. Law 14-302, May 3, 2003, law notification 50 DCR 3776). References in Text The phrase “within 6 months of April 20, 1999,” originally read “within 6 months of the effective date of this section.”. § 47–2851.20. Authorization of Director to promulgate regulations. [Repealed] [Repealed]. (Apr. 20, 1999, D.C. Law 12-261, § 2002(l), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 2(s), 50 DCR 6913; Mar. 22, 2023, D.C. Law 24-333, § 5(c)(24), 70 DCR 1524.) Prior Codifications 1981 Ed., § 47-2851.20. Effect of Amendments D.C. Law 15-38 substituted “basic” for “master”. Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the repeal of this section by section 5(c)(24) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(24) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the repeal of this section by § 5(c)(24) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 2(s) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). Short Title Short title of title II of D.C. Law 12-261: Section 2001 of D.C. Law 12-261 provided that title II of the act may be cited as the Business Regulatory Reform Act of 1998. Delegation of Authority Delegation of Authority Pursuant to D.C. Law 5-84, the District of Columbia Funeral Services Regulatory Act of 1984, see Mayor’s Order 2007-216, October 5, 2007 ( 55 DCR 149). § 47–2851.21. Bonding of licensees authorized to collect monies; exemptions. (a) The Department may require that any class or subclass of licensees licensed under the authority of this subchapter to engage in a business, trade, profession, or calling involving an express or implied agreement to collect money for others shall give bond to safeguard against financial loss those persons with whom such class or subclass of licensees may so agree. (b) The bond required by subsection (a) of this section shall be a corporate surety bond in an amount to be fixed by the Council, but not to exceed $15,000, conditioned upon the observance by the licensee and any agent or employee of the licensee of all laws and regulations in force in the District applicable to the licensee's conduct of the business, trade, profession, or calling licensed under the authority of this subchapter for the benefit of any person who may suffer damages resulting from the violation of any such law or regulation by or on the part of such licensee, his agent, or employee. (c)(1) A person aggrieved by the violation of any law or regulation applicable to a licensee's conduct of a business, trade, profession, or calling involving the collection of money for others shall have, in addition to his right of action against such licensee, a right to bring suit against the surety on the bond authorized by this section, either alone or jointly with the principal thereon, and to recover in an amount not exceeding the penalty of the bond any damages sustained by reason of any act, transaction, or conduct of the licensee and any agent or employee of the licensee that is in violation of law or regulation in force in the District of Columbia relating to the business, trade, profession, or calling licensed under this subchapter; and (2) The provisions of § 1-301.01(b)(2), (3), and (5), except for the last sentence of § 1-301.01(b)(3), shall be applicable to such bond as if it were the bond authorized by § 1-301.01(b)(1); provided, that nothing in this subsection shall be construed to impose upon the surety on any such bond a greater liability than the total amount thereof or the amount remaining unextinguished after any prior recovery or recoveries. (d) This subsection shall not be applicable to persons when engaged in the regular course of any of the following professions or businesses: (1) Attorneys-at-law; (2) Persons regularly employed on a regular wage or salary, in the capacity of credit men or in a similar capacity, except as an independent contractor; (3) Banks and financing and lending institutions; (4) Common carriers; (5) Title insurers and abstract companies while doing an escrow business; (6) Licensed real estate brokers; or (7) Employees of any class or subclass of licensees required to give bond under this subsection.". (Mar. 22, 2023, D.C. Law 24-333, § 5(c)(25), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the creation of this section by section 5(c)(25) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(25) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the creation of this section by § 5(c)(25) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2851.22. Cease and desist orders. (a)(1)(A) When a board, or the Mayor, after investigation but prior to a hearing, has cause to believe that a person is violating any provision of this subchapter and the violation has caused or may cause immediate and irreparable harm to the public, the board or the Mayor may issue an order requiring the alleged violator to cease and desist immediately from the violation. "(B) An order issued under subparagraph (A) of this paragraph shall be served by certified mail or delivered in person. (B) An order issued under subparagraph (A) of this paragraph shall be served by certified mail or delivered in person. (2) A copy of the cease and desist order shall be served on the holder of a certificate of occupancy for the premises and on the property owner of record if each of these persons or entities is separate and distinct from the licensee. (b)(1) The alleged violator may, within 15 days of the service of the order, submit a written request to the board to hold a hearing on the alleged violation. (2) Upon receipt of a timely request, the board shall conduct a hearing and render a decision pursuant to § 47-2853.22. (c)(1) The alleged violator may, within 10 days of the service of an order, submit a written request to the board for an expedited hearing on the alleged violation, in which case he or she shall waive his or her right to the 15-day notice required by subsection (b)(1) of this section. (2) Upon receipt of a timely request for an expedited hearing, the board shall conduct a hearing within 10 days of the date of receiving the request and shall deliver to the alleged violator at his or her last known address a written notice of the hearing by any means guaranteed to be received at least 5 days before the hearing date. (3) The board shall issue a decision within 30 days after an expedited hearing. (d) If a request for a hearing is not made pursuant to subsections (b) and (c) of this section, the order of the board to cease and desist shall be final. (e) If, after a hearing, the board determines that the alleged violator is not in violation of this subchapter, the board shall vacate the order to cease and desist. (f) If a person fails to comply with a lawful order of a board issued pursuant to this section, the board may petition the court to issue an order compelling compliance or take any other action authorized by this subchapter. (Mar. 22, 2023, D.C. Law 24-333, § 5(c)(25), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the creation of this section by section 5(c)(25) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(25) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the creation of this section by § 5(c)(25) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2851.23. Prosecutions. Prosecutions for violations of any of the provisions of this subchapter, or of any provision as may be added from time to time by the Council, or of any regulation made by the Council under the authority of this subchapter, shall be on information in the Superior Court of the District of Columbia by the Attorney General, or any of the Attorney General's assistants. (Mar. 22, 2023, D.C. Law 24-333, § 5(c)(25), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the creation of this section by section 5(c)(25) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(25) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the creation of this section by § 5(c)(25) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2851.24. Penalties. (a) A person violating any of the provisions of this subchapter, or of any provision as may be added from time to time by the Council, where no specific penalty is fixed, or the violation of any regulation made by the Council under the authority of this chapter, shall be guilty of a misdemeanor and upon conviction be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 90 days. (b) A person failing to file any information required by this subchapter, or by any regulation of the Council made under the provisions this subchapter, or who in filing any required information makes a false or misleading statement shall upon conviction be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 90 days. (c) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. (d) Adjudication of any infraction of this subchapter shall be pursuant to Chapter 18 of Title 2. (Mar. 22, 2023, D.C. Law 24-333, § 5(c)(25), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the creation of this section by section 5(c)(25) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(c)(25) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the creation of this section by § 5(c)(25) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2851.25. Refund of erroneously paid fees. *NOTE: This section was created by temporary legislation that will expire on August 13, 2026.* The Mayor may refund any license fee or tax, or portion thereof, erroneously paid or collected under this chapter. (Dec. 31, 2025, D.C. Law 26-78, § 3(e), 72 DCR 12889.) Applicability Section 4 of D.C. Law 26-78 provided that the amendments made to this section by section 3(e) of D.C. Law 26-78 shall apply as of October 1, 2025. Emergency Legislation For temporary (90 days) creation of this section, see § 47-2851.25 of Revised Business Licensing Reform Emergency Amendment Act of 2025 (D.C. Act 26-165, Oct. 23, 2025, 0 DCR 0). Temporary Legislation For temporary (225 days) creation of this section, see § 47-2851.25 of Revised Business Licensing Reform Temporary Amendment Act of 2025 (D.C. Law 26-78, Dec. 31, 2025, 72 DCR 12889). Subchapter I-B. Non-Health Related Occupations and Professions Licensure. § 47–2853.01. Definitions. For the purposes of this subchapter: (1) “Board” means a panel of persons appointed in accordance with this subchapter to define and regulate the scope of practice and qualifications needed to practice particular occupations or professions in the District of Columbia. (2) “Certificate” means a document issued by the Mayor to a person licensed in accordance with this subchapter certifying that the person has met the eligibility requirements for practicing a specialty established as a subcategory within the scope of the license and is authorized to perform the services of such specialty and to hold himself or herself out to perform such services, except as defined in § 47-2853.47. (3) “Certify,” “certified” and “certification” means the designation on a certificate issued by the Mayor authorizing a person to practice a specialty within a license category. (4) “Attorney General for the District of Columbia” means the Attorney General for the District of Columbia of the District of Columbia or designee. (5) “District” means the District of Columbia. (6) “License” means a document issued by the Mayor to a person who has met the eligibility standards and other requirements for practicing an occupation or profession regulated by this subchapter and who is therefore authorized to perform the services permitted by law and regulation to be performed by a person holding such a license, and to hold himself or herself out as authorized to perform such services. (7) “Licensed” means that a person so designated has been granted a license by the Mayor to practice an occupation or profession in the District. (8) “Registration” or “registered” means the inclusion of a person on a list of persons authorized to offer certain occupational or professional services in the District. “Registration” does not imply that the person has met any formal educational or training requirements or that the person has been examined and found to be competent to provide the services for which he or she has registered. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(8), 52 DCR 2638.) Prior Codifications 1981 Ed., § 47-2853.1. Section References This section is referenced in § 42-1702. Effect of Amendments D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”. Emergency Legislation For temporary (90 day) amendment of section, see § 2(b) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763). Temporary Legislation Section 2(b) of D.C. Law 16-101 added par. (9) which read as follows: “(9) ‘Natural person’ means a human being.” Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect. Short Title Non-Health Related Occupations and Professions Licensure Act of 1998: Section 1001 of D.C. Law 12-261 provided that title I of the act may be cited as the “Non-Health Related Occupations and Professions Licensure Act of 1998.” § 47–2853.02. License, certification, and registration criteria. (a) No person shall practice, attempt to practice, or offer to practice an occupation or profession for which a license, certification, or registration is required under this subchapter without a current valid license, certificate, or registration in accordance with the requirements of this subchapter. (b) A license, certification, or registration is not required for the practice of any occupation, trade or profession not covered by this subchapter or Chapter 12 of Title 3. (c) Nothing in this section shall relieve any person from the obligation to obtain a business license or endorsement or any other license or permit required by District law or regulation. (d)(1) Licensure shall be required whenever the Mayor has determined that, in order to protect the public, a person who seeks to practice a particular occupation or profession must meet specified educational and training requirements, must demonstrate competency in that occupation or profession through examination or other proof of fitness, or must have a specified amount of experience in order to practice that occupation or profession. (2) Any person who seeks to practice in an occupation or profession described in paragraph (1) of this subsection shall be required to obtain a license in order to practice the occupation or profession. (e)(1) Certification shall be required whenever the Mayor has determined that, in order to protect the public, a person who is licensed to practice a particular occupation or profession must meet specified additional educational, training or experience requirements, or must successfully pass additional examination, to qualify for advanced practice or specialization in the licensed occupation or profession. (2) Any person required to be licensed to practice an occupation or profession under this subchapter shall be required to obtain a certificate attesting to his or her qualifications to practice the occupation or profession at the higher level or in the specialty. (f) Registration shall be required whenever the Mayor has determined that a person who seeks to practice a particular occupation or profession need not meet specified educational or training requirements nor demonstrate competence, but to protect the public should be identified as a practitioner of that occupation or profession. (g) Each board established pursuant to § 47-2853.06 shall advise the Mayor as to whether the occupations or professions under its jurisdiction are appropriately regulated by licensure, certification, or registration in accordance with the criteria established in this section. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.2. Section References This section is referenced in § 47-2853.04. § 47–2853.03. Scope of subchapter. (a) This subchapter does not limit the right of a person to practice an occupation or profession that he or she is licensed, certified, or registered to practice, except as provided in this subchapter or by any other law or regulation. A person may practice any other occupation or profession for which authorization is not required by law. (b) Nothing in this subchapter shall be construed to prohibit the practice of an occupation or profession by a person enrolled in a recognized training program, school, or college as a candidate for a degree or certificate in that occupation or profession, or enrolled in a recognized postgraduate training program, provided that the practice is performed: (1) As part of a course of instruction; (2) Under the supervision of a person who is either licensed, certified, or registered to practice that occupation or profession in the District or is qualified, according to law, as a teacher of that occupation or profession; (3) At a facility operated by the District or federal government, or at a facility deemed appropriate for that purpose by the school, college or training program; and (4) In accordance with procedures established by the board charged with the regulation of that occupation or profession. (c) Nothing in this subchapter shall be construed to prohibit the practice of an occupation or profession by a person who has filed an initial application for licensure or certification and is awaiting action on that initial application, provided that the practice is performed: (1) Under the supervision of an appropriate person licensed or certified in accordance with this subchapter; (2) At a facility operated by the District or federal government, or other facility appropriate for the services being provided; and (3) In accordance with any other requirements established by law or regulation. (d) Except as expressly provided to the contrary in this subchapter, any person licensed, certified, or registered by any District agency established by any statute amended, repealed, or superseded by this subchapter is considered for all purposes to be licensed, registered, or certified by the appropriate board established under this subchapter for the duration of the term for which the license, certification, or registration was issued, and may renew that authorization in accordance with the appropriate renewal provisions of this subchapter. (e) Except as provided to the contrary in this subchapter, any person who was originally licensed, certified, or registered under a provision of law that has been repealed by this subchapter is deemed to meet the education and experience requirements for licensure, certification, or registration as if that provision had not been repealed. (f) The provisions of this subchapter prohibiting the practice of an occupation or profession without a license, certificate, or registration shall not apply to: (1) A person employed in the District by the federal government, while he or she is acting in the official discharge of the duties of employment; or (2) A person licensed or certified to practice an occupation or profession in a state who is called from that state for consultation in the District, or to give a demonstration or teach a course in the District, provided that the person engages in the consultation or demonstration in affiliation with a comparable licensed person pursuant to this subchapter or teaches at a licensed educational institution approved to offer instruction in the person’s field of expertise. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.3. § 47–2853.04. Regulated non-health related occupations and professions. (a) The following non-health related occupations and professions have been determined to require regulation in order to protect public health, safety or welfare or to assure the public that persons engaged in these occupations or professions have the specialized skills or training required to perform the services offered: (1) Architect; (2) Asbestos Worker; (3) Attorney; (4) Barber; (5) Body Artist; (6) Boxer/Wrestler; (7) Campus Police Officer; (8) Certified Public Accountant; (8A) Not Funded. (9) Clinical Laboratory Director; (10) Clinical Laboratory Technician; (11) Commercial Driver; (11A) Not Funded. (12) Commercial Bicycle Operator; (13) Cosmetologist; (14) Electrician; (15) Elevator Mechanic; (16) Elevator Contractor; (17) Elevator Inspector. (18) Funeral Director; (19) Insurance Agent; (20) Insurance Broker; (21) Interior Designer; (22) Investment Advisor; (23) Land Surveyor; (24) Landscape Architect; (25) Notary Public; (26) Operating Engineer; (27) Plumber/Gasfitter; (28) Principal (Public School); (29) Private Correctional Officer; (29A) Not Funded. (30) Private Detective; (31) Professional Engineer; (32) Property Manager; (33) Real Estate Appraiser; (34) Real Estate Broker; (35) Real Estate Salesperson; (36) Refrigeration and Air Conditioning Mechanic; (37) Securities Agent; (38) Securities Broker-Dealer; (39) Security Alarm Agent; (40) Security Officer; (41) Special Police Officer; (42) Steam Engineer; (43) Taxicab/Limousine Operator; (44) Teacher and Other Instructional Personnel (Public Schools Only); (45) Tour guide; and (46) Veterinarian. (b) No other non-health related occupation or profession shall be regulated other than as set forth in subsection (a) of this section, except where there has been a determination by the Mayor that regulation is needed to protect the public interest and is consistent with the criteria for regulation specified in § 47-2853.02. (c) All non-health related occupations and professions shall be regulated by the Mayor through the Department of Licensing and Consumer Protection, except as follows: (1) Attorneys shall be regulated by the District of Columbia Court of Appeals, as provided in § 11-2501. (2) Notaries public shall be regulated by the Mayor, as provided in [Chapter 12A of Title 1]. (3) Principals, teachers, and other instructional employees of the District of Columbia public schools shall be regulated by the Superintendent of Schools of the District of Columbia as delegated by the Board of Education, pursuant to § 38-105 [repealed], and teachers and instructional employees of the University of the District of Columbia (“University”) by the Board of Trustees of the University pursuant to §§ 38-1202.01 and 38-1202.06 and § 38-1202.11. (4) Insurance agents and brokers, securities agents and brokers, and investment advisers shall be regulated by the Department of Insurance and Securities Regulation, as provided in subchapter I of Chapter 1 of Title 31, Chapter 36 of Title 3, and Chapter 37 [repealed] of Title 3. (5) Hackers, taxicab and limousine operators shall be regulated by the Department of For-Hire Vehicles, as provided in § 47-2829. (6) Commercial drivers and commercial bicycle operators shall be regulated by the Department of Public Works, as provided in Chapter 16 of Title 50 and Chapter 4 of Title 50. (7) Special police, security alarm agents and private correctional officers shall be regulated by the Metropolitan Police Department as provided in § 5-129.02; § 7-2805; and subchapter VII of Chapter 2 of Title 24. (8) Boxers, wrestlers, referees and other officials involved in boxing and wrestling contests shall be regulated by § 3-606(b). (9) Clinical laboratory directors and clinical laboratory technicians shall be regulated by the Mayor in accordance with Chapter 2 of Title 44. (10) Veterinarians shall be regulated by the Mayor in accordance with subchapter I of Chapter 5 of Title 3. (11) Funeral directors shall be regulated by the Mayor in accordance with Chapter 4 of Title 3. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Mar. 3, 2010, D.C. Law 18-111, § 2151(b), 57 DCR 181; Sept. 26, 2012, D.C. Law 19-171, § 121, 59 DCR 6190; Oct. 23, 2012, D.C. Law 19-193, § 3(c), 59 DCR 10388; June 22, 2016, D.C. Law 21-124, § 501(e), 63 DCR 7076; Apr. 7, 2017, D.C. Law 21-249, § 2(b), 64 DCR 1629; Dec. 4, 2018, D.C. Law 22-189, § 33(c), 65 DCR 11606; Apr. 5, 2021, D.C. Law 23-269, § 501(bb)(9), 68 DCR 001490; Mar. 22, 2023, D.C. Law 24-333, § 5(d)(1), 70 DCR 1524; Dec. 17, 2024, D.C. Law 25-244, § 2(b), 71 DCR 12992.) Prior Codifications 1981 Ed., § 47-2853.4. Effect of Amendments D.C. Law 18-111, in subsec. (a), deleted “and” from the end of par. (36); substituted “; and” for a period at the end of par. (37), and added pars. (38) to (40). The 2012 amendment by D.C. Law 19-171 redesignated (a)(38), (a)(39), and (a)(40) as (a)(12A), (12B), and (12C), respectively. The 2012 amendment by D.C. Law 19-193 added (a)(4A). Applicability Applicability of D.C. Law 25-244: § 3 of D.C. Law 25-244 provided that the change made to this section by § 2(b) of D.C. Law 25-244 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the amendment of this section by section 5(d)(1) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(d)(1) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the change made to this section by § 5(d)(1) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 2151(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see § 2151(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). Short Title Short title: Section 2150 of D.C. Law 18-111 provided that subtitle P of title II of the act may be cited as the “Elevator Maintenance Standards and Licensing Act of 2009”. § 47–2853.05. Exemptions; federal services. Any person who is providing occupational or professional services for the federal government at a federal government facility in the District shall not be regulated under this subchapter. Any person who has a license or certificate issued by the federal government permitting that person to provide particular occupational or professional services may provide such services in the District of Columbia without obtaining a District license or certificate as long as the services provided by that person are within the scope of the federal license or certificate. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.5. § 47–2853.06. Establishment of boards. (a)(1) There is established a Board of Architecture, Interior Design, and Landscape Architecture ("Board") to consist of 9 members, of whom: (A) Four shall be architects licensed in the District; (B) Two shall be interior designers licensed in the District; (C) Two shall be professional landscape architects licensed in the District; and (D) One shall be a consumer member. (2) The Board shall regulate the practice of architecture, interior design, and landscape architecture. (b)(1) There is hereby established a Board of Accountancy to consist of 5 members. Of the members of the Board, one shall be a consumer member and 4 shall be licensed as certified public accountants who, at the time of their appointments, have been engaged in the practice of public accountancy as certified public accountants in the District for a period of not less than 5 years. The Board shall regulate the practice of public accountants and certified public accountants. (2) The standards of attestation specified in § 47-2853.41(1) shall be adopted by reference by the Board pursuant to rulemaking and shall be those developed for general application by recognized national accountancy organizations, such as the American Institute of Certified Public Accountants and the Public Company Accounting Oversight Board. (c) There is established a Board of Barber and Cosmetology consisting of 14 members of whom 3 shall be barbers, 3 shall be cosmetologists, 3 shall be specialty cosmetologists, 3 shall be body artists, and 2 shall be consumer members. The Board shall regulate the practice of barbers, body artists, and cosmetologists, including specialty cosmetology practices such as braiding, electrolysis, esthetics, manicuring and others as the Mayor may from time to time establish by rule, instructors and managers of these practices, and owners of such facilities. (d) There is established a Board of Industrial Trades consisting of 15 members, of whom 3 shall be plumbers licensed in the District, 2 shall be electricians licensed in the District, 2 shall be refrigeration and air conditioning mechanics licensed in the District, 2 shall be steam and other operating engineers licensed in the District, 2 shall be asbestos workers, one shall be an elevator mechanic licensed in the District, one shall be an elevator inspector licensed in the District, one shall be an elevator contractor licensed in the District, and one shall be a consumer member. The Board of Industrial Trades shall regulate the practice of plumbers, gasfitters, electricians, refrigeration and air conditioning mechanics, steam and other operating engineers, asbestos workers, elevator mechanics, elevator inspectors, except for those employed by the District of Columbia or by the Washington Metropolitan Area Transit Authority, and elevator contractors. The Board may establish bonding and insurance requirements, subcategories of licensure, education, and experience requirements for licensure, and other requirements. (e) There is established a Board of Professional Engineering consisting of 7 members of whom 4 shall be professional engineers licensed in the District in various disciplines, 2 shall be land surveyors licensed in the District, and one shall be a consumer member. The Board shall regulate the practice of professional engineers and land surveyors. (f) There is established a Board of Funeral Directors consisting of 5 members of whom 4 shall be funeral directors licensed in the District and one shall be a consumer member. The Board shall regulate the practice of funeral directors. (g) There is established a Board of Real Estate Appraisers consisting of 5 members, of whom 3 shall be real estate appraisers licensed and in good standing in the District with not less than 3 years experience in real estate appraising immediately preceding his or her appointment to the Board, one of whom shall be a real estate broker licensed and in good standing in the District, and one shall be a consumer member. The Board shall regulate the practice of real estate appraisal, including the functions of a state appraiser certifying and licensing agency under Title XI of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989, approved August 9, 1989 (103 Stat. 511; 12 U.S.C. §§ 3331 through 3351). (h) There is established a Board of Real Estate consisting of 9 members of whom 3 shall be real estate brokers licensed in the District, 2 shall be real estate salespersons licensed in the District, 2 shall be property managers licensed in the District, one shall be an attorney admitted to the bar of the District of Columbia and engaged in the practice of real estate law, and one shall be a consumer member. All members of the Board shall be residents of the District during their tenure. The Board shall regulate the practices of real estate brokers, real estate salespersons, and property managers. (i) Not Funded. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(b), 53 DCR 4718; Mar. 3, 2010, D.C. Law 18-111, § 2151(c), 57 DCR 181; Dec. 2, 2011, D.C. Law 19-43, § 2(b), 58 DCR 8928; Oct. 23, 2012, D.C. Law 19-193, § 3(d), 59 DCR 10388; Apr. 23, 2013, D.C. Law 19-271, § 2(a), 60 DCR 1727; Apr. 7, 2017, D.C. Law 21-249, § 2(c), 64 DCR 1629; Dec. 17, 2024, D.C. Law 25-244, § 2(c), 71 DCR 12992.) Prior Codifications 1981 Ed., § 47-2853.6. Section References This section is referenced in § 1-523.01, § 47-2853.02, § 47-2853.41, and § 47-2853.221. Effect of Amendments D.C. Law 16-130 rewrote subsecs. (b) and (g). D.C. Law 18-111 rewrote subsec. (d), which had read as follows: “(d) There is established a Board of Industrial Trades consisting of 15 members of whom 3 shall be plumbers licensed in the District, 3 shall be electricians licensed in the District, 3 shall be refrigeration and air conditioning mechanics licensed in the District, 3 shall be steam and other operating engineers licensed in the District, 2 shall be asbestos workers, and one shall be a consumer member. The Board shall regulate the practice of plumbers, gasfitters, electricians, refrigeration and air conditioning mechanics, steam and other operating engineers, and asbestos workers.” D.C. Law 19-43, in subsec. (b), designated the existing text as par. (1), and added par. (2). The 2012 amendment by D.C. Law 19-193 in (c), substituted “14 members” for “11 members” in the first sentence and substituted “practice of barbers, body artists, and cosmetologists” for “practice of barbers and cosmetologists.” The 2013 amendment by D.C. Law 19-271 added “3 shall be body artists” in the first sentence of (c). Cross References Mayoral nomination of agency heads, review and approval of Council, boards established under this section, see § 1-523.01. Applicability Applicability of D.C. Law 25-244: § 3 of D.C. Law 25-244 provided that the change made to this section by § 2(c) of D.C. Law 25-244 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 2(c) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763). For temporary (90 day) amendment of section, see § 2151(c) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see § 2151(c) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). Temporary Legislation Section 2(c) of D.C. Law 16-101 amended subsecs. (b) and (g) to read as follows: “(b) There is established a Board of Accountancy to consist of 5 members. Of the members of the Board, one shall be a consumer member and 4 shall be licensed as certified public accountants who, at the time of their appointments, have been engaged in the practice of public accountancy as certified public accountants in the District for a period of not less than 5 years. The Board shall regulate the practice of public accountants and certified public accountants.” “(g) There is established a Board of Real Estate Appraisers consisting of 5 members, of whom 3 shall be real estate appraisers licensed and in good standing in the District with not less than 3 years experience in real estate appraising immediately preceding his or her appointment to the Board, one shall be a real estate broker licensed and in good standing in the District, and one shall be a consumer member. In addition to assuming the powers enumerated in § 47-2853.08, the Board shall regulate the practice of real estate appraisal, including the functions of a state appraiser certifying and licensing agency under Title XI of the Financial Institutions Recovery, Reform, and Enforcement Act of 1989, approved August 9, 1989 (103 Stat. 183; 12 U.S.C. §§ 3331 through 3351).” Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect. Editor's Notes Section 134 of D.C. Law 13-91, as amended by section 18(b) of D.C. Law 13-313, transferred the authority established by the District of Columbia Funeral Services Regulatory Act of 1984 (D.C. Law 5-84) to the Board of Funeral Directors established by this section.” Although a new Board of Funeral Directors has been established by the Second Omnibus Regulatory Reform Act of 1998, effective April 20, 1999 (D.C. Law 12-261), codified under D.C. Official Code § 47-2853.06(f), the old board, codified under D.C. Official Code § 3-401 et seq. has not been abolished by law. Section 3 of D.C. Law 19-43 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-43, § 3, was repealed by D.C. Law 19-168, § 7010. Delegation of Authority Re-Designation of the Board of Real Estate as the Real Estate Commission, see Mayor’s Order 2009-11, February 2, 2009 ( 56 DCR 2030). § 47–2853.07. Appointment and tenure of board members. (a) The Mayor, with the consent of the Council, shall appoint the members of each board to serve a 3-year term of office. The members first appointed shall serve staggered terms made for one, 2, or 3 years so that approximately one-third of the membership of each board shall expire each year. Members of the boards shall serve until their successor is appointed. Members may be appointed to succeed themselves, provided, however, that no member shall be appointed to serve more than 3 full consecutive 3-year terms. The terms of members of a board, after the initial terms, shall expire on the third anniversary of the date the first members constituting a quorum take the oath of office. A vacancy on a board shall be filled in the same manner as the original appointment was made. A member appointed to fill a vacancy shall serve until the expiration of the term or until a successor is appointed and sworn into office, whichever is later. (b) The nomination transmitted under subsection (a) of this section shall be considered in accordance with § 1-523.01. (c) The Mayor may remove a member of a board for incompetence, misconduct, or neglect of duty. The failure of a member of a board to attend at least half of the regular scheduled meetings of the board within a 12-month period shall constitute neglect of duty within the meaning of this section. (d) Board members shall meet the following requirements for appointment or tenure: (1) The members of each board shall be residents of the District at the time of appointment and during their tenure on the board. Members of the Board of Real Estate also shall have been residents of the District for at least one year prior to their appointment. (2) Each professional member of a board, in addition to the requirements of paragraph (1) of this subsection, shall have been engaged in the practice of the occupation or profession regulated by the board for at least 3 years preceding appointment. Notwithstanding the above, professional members of the Board of Real Estate shall each have been actively engaged in their field for not less than 5 years immediately prior to their appointment to the Board and shall remain active in their field during their tenure on the Board. (3)(A) Each consumer member of a board, in addition to the requirements of paragraph (1) of this subsection, shall: (i) Be at least 18 years of age; (ii) Not be a practitioner of a profession or occupation supervised by that board, or in training to become one; (iii) Not have a household member who is a practitioner of a profession or occupation supervised by that board, or in training to become one; and (iv) Not own, operate, or be employed in or have a household member who owns, operates, or is employed in a business which has as its primary purpose the sale of goods or services to practitioners of a profession or occupation supervised by that board. (B) Within the meaning of subparagraph (A) of this paragraph, the term “household member” means a relative, by blood or marriage, or a ward of a person, or someone who shares the person’s actual residence. (e) The position of a member of a board shall be forfeited upon his or her failure to maintain the qualifications required by this subchapter. (f) Each professional member of a board shall disqualify himself or herself from acting on his or her own application for licensure or license renewal or on any other matter related to his or her practice of an occupation or profession. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.7. Section References This section is referenced in § 47-2853.08. § 47–2853.08. Powers of the boards. The boards established under this subchapter shall have the power, consistent with this subchapter, to: (1) Determine the scope of practice, the requirements which an applicant must meet for initial licensure, certification or registration and for renewal of the same, including any continuing education requirements, and shall determine the appropriate level of regulation for every occupation or professional under the authority of the board; (A) Where such standards already exist in any law or regulation of the District, those standards shall remain in effect until altered or amended; and (B) Each board shall be responsible for continually monitoring the standards for the professions and occupations under its authority and for recommending to the Mayor changes in existing standards when such changes are necessary or desirable; (2) Determine whether the standards for licensure by another jurisdiction, or certification by a national certifying organization, are substantially equivalent to the requirements of this subchapter and authorize the issuance of a license by reciprocity or endorsement to an applicant: (A) Who is licensed or certified and in good standing under the laws of another state with requirements which, in the opinion of the board, were substantially equivalent at the time of licensure to the requirements of this subchapter, and which state admits professional licensed by the District in a like manner; and (B) Who pays the applicable fees established by the Mayor; (3) Review, upon referral from the Mayor, the qualifications of a candidate for licensing, certification or registration, or for renewal, whose eligibility is unclear and shall determine whether that candidate meets the applicable criteria for that occupation or profession. The determination of the board shall be binding on the Mayor, who shall issue or deny the license, certificate, or registration accordingly; (4) Advise the Mayor, on the content of rules governing the conduct of persons licensed, certified, or registered; (5) Hear and decide protests from any person denied a license or certificate, or the renewal of the same, by an official authorized by the Mayor to issue such licenses or renewals on the ground that the person does not meet the eligibility standards set by the board. The determination of the board shall be binding on the Mayor, who shall issue or deny the license, certificate, or registration accordingly; (6) Receive complaints of malpractice or other complaints against any persons licensed, certified, or registered under the jurisdiction of the board and shall have the authority, after a hearing in accordance with the procedures set forth in § 47-2853.22, to discipline any such person by the imposition of the penalties provided in this subchapter; (7) Submit names of persons qualified to serve on that board as professional or consumer members to the Mayor in accordance with the procedures set forth in § 47-2853.07(b) and (c). Persons whose names are submitted for professional seats on the board shall be determined by the board to be competent and experienced members of the profession with good reputations in their fields. Persons whose names are submitted for citizen seats shall be determined by the board to have no conflicts and to be willing and able to serve; (8) Convene in committees smaller than the full board for the purpose of carrying out specific functions of the board, such as investigating complaints or determining appropriate discipline in accordance with the procedures set forth in §§ 47-2853.17 through 47-2853.19 [§ 47-2853.19 repealed, see now § 47-2844.01], provided that such smaller committees consist of not fewer than 3 board members, and the actions of such smaller committees are ratified by the full board; (9) Notify the Mayor of actions taken regarding a licensee, certificate holder, or applicant; and (10) Monitor the issuance of licenses and certifications by persons authorized to do so by the Mayor to make sure that the qualification standards established by the board are being adhered to, and shall recommend to the Mayor the disciplining or removal of any official issuing licenses not in accordance with those standards. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.8. § 47–2853.09. General provisions. (a) All boards shall adopt uniform procedures which at a minimum require: (1) Each board to elect a chairperson from among its members; (2) Each board to meet not less than 4 times a year at times and places it determines and shall publish notice of all regular meetings at least one week in advance in the District of Columbia Register; (3) A quorum to be a majority of the number of positions on the board; and (4) A majority vote of those present and voting to be necessary and sufficient for any action taken by a board. (b) Members of each board shall be entitled to receive compensation in accordance with § 1-611.08, and in addition shall be reimbursed for reasonable travel and other expenses incurred in the performance of their duties, subject to appropriations. (c) No member of any board authorized by this subchapter shall be subject to any civil or criminal liability for actions taken or decisions rendered in carrying out this subchapter, nor for any statements made or recorded in the course of carrying out his or her responsibilities under this subchapter. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.9. § 47–2853.10. Staffing and administration. (a) The boards established by this subchapter shall be under the administrative control of the Mayor. The Mayor shall be responsible for: (1) Promptly issuing and renewing licenses or certificates or registering those persons who meet the standards established by the boards for each regulated profession or occupation of this subchapter, except that where there is a question as to whether an applicant is qualified, that question shall be referred to the appropriate board for resolution. Upon resolution of the question, the Mayor shall promptly take such action as the board determines is appropriate; (2) Planning, developing, and maintaining procedures to ensure that the boards receive administrative support, including staff and facilities, sufficient to enable them to perform their responsibilities; (3) Providing investigative and inspection services to the boards; (4) Arranging for hearings on cases pursuant to guidelines established in § 47-2853.22 when requested to do so by a board, and providing facilities and support personnel to enable the board to hold such hearings, record the proceedings, and issue the resulting opinion; (5) Furnishing expert services in noncompliance cases brought in an administrative or court proceeding; (6) Providing budgetary and personnel services; (7) Maintaining central files of records pertaining to licensure, certification, registration, inspections, investigations, and other matters requested by the boards; (8) Providing information to the public concerning regulatory requirements and procedures; (9) Publishing and distributing forms and instructions describing regulatory requirements and procedures and other materials as requested by the boards; (10) Assisting, supplying, furnishing, and performing other administrative, clerical, and technical support the Mayor determines is necessary or appropriate; (11) Making necessary rules relating to the administrative procedures for the regulation of professions and occupations; (12) Issuing all rules necessary to implement the provisions of this subchapter; (13) Notifying persons or other jurisdictions of the status of a licensee or certificate holder as deemed appropriate by rule or District or federal law; and (14) Notifying other jurisdictions of disciplinary action taken against a licensee or certificate holder as required by District or federal law. (b) In carrying out the administrative responsibilities described in subsection (a) of this section, the Mayor may out-source, by contract in accordance with the procurement laws of the District, any function that can be more efficiently and effectively performed in that manner. (c) The D.C. Office of Personnel shall set the compensation of support personnel of the boards in accordance with Chapter 6 of Title 1. The Chief Procurement Officer or his or her designee may enter into contracts for support services for the boards in accordance with Chapter 3 of Title 2. (d) The Mayor shall establish fee schedules for all services related to the regulation of occupations and professions. At the time of application for initial licensing, certification or registration, and at the time of application for renewal or for reinstatement of inactive or lapsed licenses, certificates or registration, each applicant shall be notified of, and shall pay, all fees and costs required for licensure, certification, or registration for the occupation or profession. The fee for the regulation of each profession or occupation shall be reasonably related to the cost of administering the licensing, certification or registration, including the cost of testing, processing and issuing the license, certificate or registration, and a proportionate share of the cost of running the board and any hearing procedures and other administrative functions. Fees, whenever possible, shall be comparable to the fees charged in neighboring jurisdictions for a similar license or certification. Application fees paid under this section shall not be refundable, even if the applicant withdraws his or her application for licensure, certification or registration, or is found to be not qualified. (e) Each board, before March 1 of each year, shall submit a report to the Mayor and the Council of its official acts during the preceding fiscal year. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.10. Section References This section is referenced in § 47-2853.99. Delegation of Authority Delegation of authority pursuant to D.C. Law 12-261, the “Second Omnibus Regulatory Reform Amendment Act of 1999”, see Mayor’s Order 2000-70, May 2, 2000 ( 47 DCR 4752). § 47–2853.11. Occupations and Professions Licensure Special Account. (a) In accordance with § 47-131(c)(4), there is hereby established within the General Fund of the District of Columbia a special account, called the Occupations and Professions Licensing Special Account to which shall be credited, without regard to fiscal year limitation pursuant to an act of Congress, the fees that are identified in §§ 47-2839 and 47-2839.01, and this subchapter. (b) No revenues deposited into the continuing, nonlapsing special account may be obligated or spent in any year without a Congressional appropriation. Revenues in this continuing, nonlapsing special account that are carried over into a succeeding fiscal year may not be obligated or spent in the succeeding year without a new Congressional appropriation that permits such obligation or expenditure. (c) Subject to the applicable laws relating to the appropriation of District funds, monies received and deposited in the Occupation and Professions Licensure Special Account shall be used to defray the expenses to discharge the administrative and regulatory duties as prescribed by §§ 47-2839 and 47-2839.01, and this subchapter. The special account shall not be used by any other District government agency and shall be used solely to carry out the functions of §§ 47-2839 and 47-2839.01, and this subchapter. (d) The special account shall be continuing. Revenues deposited into the special account shall not revert to the General Fund at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in §§ 47-2839 and 47-2839.01, and this subchapter subject to authorization by Congress in an appropriations act. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Dec. 24, 2013, D.C. Law 20-61, § 3012(c), 60 DCR 12472.) Prior Codifications 1981 Ed., § 47-2853.11. Section References This section is referenced in § 47-2839, § 47-2839.01, and § 47-2853.99. Effect of Amendments The 2013 amendment by D.C. Law 20-61 substituted “§§ 47-2839 and 47-2839.01, and this subchapter” for “this subchapter” in (a), twice in (c), and in (d). Emergency Legislation For temporary (90 days) amendment of this section, see § 3012(c) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of this section, see § 3012(c) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 3011 of D.C. Law 20-61 provided that Subtitle B of Title III of the act may be cited the “Security Licensing Streamlining Act of 2013”. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013. § 47–2853.12. License, certification, and registration criteria; waiver. (a) A person applying for licensure, certification, or registration under this subchapter shall establish to the satisfaction of the Mayor that the person: (1) Has not been convicted of an offense that is directly related to the occupation for which the license, registration, or certification is sought, pursuant to a determination made under § 47-2853.17(c-1)(2); (2) Is at least 18 years of age, or at least 17 years of age if applying for license as a barber under § 47-2853.72 or as a cosmetologist, a cosmetologist-manager, a cosmetologist-owner, or any subcategory of specialty cosmetologist under § 47-2853.82; (3) Has successfully completed the requirements set forth in law or regulation, as applicable; (4) If required, has passed an examination or otherwise met the requirements established by the relevant board to demonstrate his or her fitness to practice the profession or occupation; and (5) Meets any other requirements established by the relevant board by regulation to assure that the applicant has had the proper training, experience, and qualifications to practice the profession or occupation or any subcategory or specialization of the profession or occupation. (b) A board shall waive the requirements for passage of an examination or other proof of fitness to practice for any person who: (1) Presents proof that he or she is licensed or certified in the same or substantially similar profession or occupation, and is currently in good standing, in any state which, on the date such license or certification was issued had standards at least as high as those required for licensure or certification in the District and admits professionals licensed by the District in a like manner; or (2) Has passed an examination acceptable to the board (or has met other requirements for certification) and has been certified by a recognized national certifying organization acceptable to the board whose standards on the date of such certification were at least as high as the standards required for the same profession or occupation in the District, and has not been disciplined or otherwise disqualified by the national certifying organization. (c)(1) Notwithstanding subsection (b) of this section and except as provided in paragraph (2) of this subsection, where a board determines that the occupation or profession requires a substantial knowledge of District law or procedures, the board may require that an applicant, who is otherwise qualified by virtue of licensure in another state or certification by a national certifying organization, take an examination demonstrating knowledge of the relevant District laws or procedures. (2) An applicant applying for licensure as a journeyman electrician pursuant to § 47-2853.92(b-1) shall not be required to take an examination demonstrating knowledge of the relevant District laws or procedures. (3) An applicant applying for licensure as a journeyman plumber or journeyman gasfitter pursuant to § 47-2853.122(b) shall be exempt from the requirements of this subsection. (4) An applicant applying for licensure as a journeyman refrigeration and air conditioning mechanic pursuant to § 47-2853.202(c) shall be exempt from the requirements of this subsection. (d) Each board by regulation shall maintain a list of each national certifying organization, and each state, whose standards have been determined to be at least as high as those required by the District, and which admits professionals licensed by the District in a like manner. (d-1) The Board of Industrial Trades shall annually update the list of national certifying organizations required to be maintained pursuant to subsection (d) of this section. (e) The Mayor may deny a license or certificate to an applicant whose license or certificate to practice an occupation or profession was revoked or suspended in another jurisdiction if the basis of the revocation or suspension would have caused a similar result in the District, or if the applicant is the subject of pending disciplinary action regarding his or her right to practice in another jurisdiction. (f) The Mayor may deny a license or certificate to an applicant licensed or certified in another jurisdiction who has failed to meet the continuing education requirements established by that jurisdiction, but failure of an applicant to meet the continuing education requirements established by the District shall not be a basis for denial of a District license or certificate if the jurisdiction in which the applicant was licensed does not have continuing education requirements or has requirements that are different than those required by the District for the occupation or profession. (g) The Mayor may grant a license or certificate to an applicant whose education and training in an occupation or profession has been successfully completed in a foreign school, college, university, or training program, or who is licensed or certified in the same or substantially similar profession or occupation by the foreign jurisdiction, if the applicant otherwise qualifies for licensure or certification, including passing an examination if required, and if the board determines that the education and training requirements for licensure or certification in the foreign jurisdiction were substantially equivalent, at the time they were received by the applicant, to the requirements of this subchapter. (h) An applicant for a license, certificate, or registration shall: (1) Submit an application to the Mayor on the form required by the Mayor; and (2) Pay the applicable fees established by the Mayor. (i) An applicant for licensure who otherwise qualifies for a license is entitled to be examined as follows: (1) Each board that requires the passage of an examination for licensure shall give applicants the opportunity to take such examination at least twice a year. (2) When a board determines that a national examination is acceptable, then the frequency, time, and place that the national examination is given shall be considered acceptable and in accordance with this subchapter. (3) The Mayor shall notify each qualified applicant of the time and place of examination. (4) Except as otherwise provided by this subchapter, each board shall determine the subjects, scope, form, and passing score for examinations to assess the ability of the applicant to practice effectively the occupation or profession regulated by the board, except that when a national examination has been determined to be acceptable, the board shall use the passing score recommended by the organization administering the national examination. (j) A person licensed or certified under this subchapter to practice an occupation or profession is authorized to practice that occupation or profession in the District while the license is effective. (k) A person who fails to renew a license or certification required by this subchapter, or fails to re-register, shall be considered to be unqualified to practice the occupation or profession and subject to the penalties set forth in this subchapter and other applicable laws of the District if he or she continues to practice the profession or occupation. (l) A license, certificate or registration, expires 2 years from the date of its first issuance or renewal unless renewed in accordance with procedures established in this section, except where another period is provided by law or regulation. (m) Each board may establish by rule continuing education requirements as a condition for renewal of licenses or certificates issued under this subchapter. (n)(1) A person may petition a board at any time, including before obtaining education or training required for the occupation for which the license, registration, or certification is sought, to determine whether the person would be disqualified by the board pursuant to § 47-2853.17(c-1)(2). (2) The board shall render its decision on a person's petition within 90 days after receipt of the petition. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; May 24, 2005, D.C. Law 15-357, § 202(a), 52 DCR 1999; Nov. 16, 2006, D.C. Law 16-176, § 2, 53 DCR 6505; Feb. 24, 2012, D.C. Law 19-82, § 2(a), 58 DCR 11022; Oct. 23, 2012, D.C. Law 19-193, § 3(e), 59 DCR 10388; Apr. 23, 2013, D.C. Law 19-274, § 2(a), 60 DCR 2055; Mar. 16, 2021, D.C. Law 23-205, § 4(a), 68 DCR 000769.) Prior Codifications 1981 Ed., § 47-2853.12. Effect of Amendments D.C. Law 15-357 rewrote subsec. (a)(1) which had read as follows: “(1) Has not been convicted of an offense which bears directly on the fitness of the person to be licensed;” D.C. Law 16-176, in subsec. (a)(2), inserted “, or at least 17 years of age if applying for license as a barber under § 47-2853.72 or as a cosmetologist, a cosmetologist-manager, a cosmetologist-owner, or any subcategory of specialty cosmetologist under § 47-2853.82”. D.C. Law 19-82, in subsec. (c), designated the existing text as par. (1), substituted “section and except as provided in paragraph (2) of this subsection,” for “section” in par. (1), and added par. (2); and added subsec. (d-1). The 2012 amendment by D.C. Law 19-193 added (a)(1)(B-i). The 2013 amendment by D.C. Law 19-274 added (c)(3) and (c)(4). § 47–2853.13. Procedures for renewal of license, certification, and registration. (a) At least 30 days before the license, certification or regulation expires, or a greater period as established by rule, the Mayor shall send to the person licensed, certified or registered, by first class mail to his or her last known address, a renewal notice that states: (1) The date on which the current license, certificate, or registration expires; (2) The date by which the renewal application must be received for renewal to be issued prior to expiration; and (3) The amount of the renewal fee. (b) Before a license, certificate or registration expires, it may be renewed for an additional term, if the person applying for renewal: (1) Submits a timely application; (2) Is otherwise eligible to be renewed; (3) Pays the renewal fee established by the Mayor; (4) Submits satisfactory evidence of compliance with any continuing education requirements established by the board; and (5) Meets any other requirements established by law or regulation. (c) The Mayor shall renew the license or certificate, or shall re-register, each applicant for renewal who meets the requirements of this section and § 47-2853.13 [sic], unless a question has been raised about whether an applicant for renewal is eligible for renewal. Where questions arise about the eligibility of the applicant for renewal, the board with responsibility for that occupation or profession shall investigate and determine whether the applicant shall be renewed. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.13. § 47–2853.14. Inactive status. (a) Upon application by any person licensed, certified, or registered to practice an occupation or profession in the District and payment of an inactive status fee established by the Mayor, the Mayor shall place such person on inactive status. (b) While on inactive status, the person shall not be subject to the renewal fee and shall not practice, attempt to practice, or offer to practice the occupation or profession in the District. (c) The Mayor shall issue a license or certificate or shall register any person who is on inactive status for less than 5 years and who desires to resume the practice of an occupation or profession for which that person was previously licensed, certified, or registered if that person: (1) Pays the fee established by the Mayor; (2) Complies with the continuing education requirements in effect at the time application is made for reactivation; and (3) Complies with all current requirements for renewal of licensing, certification, or registration. (d) If the person seeking return to active status has been on inactive status for 5 years or more, he or she shall be considered a new applicant and shall be required to meet all current requirements for licensure, unless the relevant board in its discretion determines that the failure to renew during the 5-year inactive period was due to reasonable cause or excusable neglect. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.14. § 47–2853.15. Reinstatement of expired license. (a) If a person fails for any reason to renew the license, certificate, or registration prior to expiration, the Mayor shall reinstate the license, certificate, or registration if the person: (1) Applies to the board for reinstatement within 5 years after the license, certification or registration expires; (2) Complies with current requirements for renewal of a license, certification or registration; (3) Pays a reinstatement fee established by the Mayor; and (4) Submits to the board satisfactory evidence of compliance with the qualifications and requirements established under this subchapter for reinstatements. (b) The Mayor shall not reinstate the license, certification, or registration of a person who fails to apply for reinstatement within 5 years after the license, certification or registration expires. Such person may become licensed, certified, or registered only by meeting the requirements for obtaining an initial license, certification, or registration under this subchapter. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.15. § 47–2853.16. Display of license, certificate, or registration; notice of changes of address. (a) Each person licensed, certified, or registered under this subchapter shall conspicuously display or maintain on file the license, certificate, or registration in all places of covered non-health related business or places of employment. (b) Each person licensed, certified, or registered under this subchapter shall notify the Mayor of any change of address of the place of residence or place of business or employment within 30 days after the change of address. (c) Each person licensed, certified, or registered under this subchapter shall be subject to the penalties provided by this subchapter for failure to comply with the requirements of this section. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.16. § 47–2853.17. Revocation, suspension, or denial of license or privilege; civil penalty; reprimand. (a) Each board, subject to the right of a hearing as provided by this subchapter, on an affirmative vote of a majority of its members present and voting, may take one or more of the actions provided in subsection (c) of this section against any applicant or person permitted by this subchapter to practice an occupation or profession regulated by the board who: (1) Knowingly provides false or misleading information on or in support of an application or renewal application; (2) Fraudulently or deceptively obtains, or attempts to obtain, a license or certificate, or to register, for another person; (3) Fraudulently or deceptively uses a license, certificate, or registration; (4) Is disciplined by a licensing or disciplinary authority in another jurisdiction, or is convicted or disciplined by a court of any jurisdiction, for conduct that would be grounds for disciplinary action under this section; (5) Has been convicted of an offense that is directly related to the occupation for which the license, registration, or certification is sought or held, pursuant to a determination made under subsection (c-1)(2) of this section;". (6) Has been determined to be professionally or mentally incompetent or physically incapable of carrying out the services for which that person has been licensed, certified or registered; (7) Is addicted to, or habitually abuses, any narcotic or controlled substance as defined in Chapter 9 of Title 48 (“Uniform Controlled Substances Act”). (8) Provides, or attempts to provide, professional services while under the influence of alcohol or while using any narcotic or controlled substance as defined in the Uniform Controlled Substances Act, or other drug in excess of therapeutic amounts or without valid medical indication; (9) Willfully makes or files a false report or record in the practice of his or her occupation or profession, willfully fails to file or record any report required by law, impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report; (10) Willfully fails or refuses to comply with any lawful inquiry made by a board with authority over the person’s occupation or profession, or to cooperate fully with such board in the conduct of its official duties; (11) After proper request in accordance with law, fails to provide records kept by that person in the course of the practice of his occupation or profession to which any other person is lawfully entitled; (12) Willfully makes a misrepresentation as to what services the person is authorized to perform under the terms of his or her license, certificate or registration; (13) Willfully practices an occupation or profession with an unauthorized person or aids an unauthorized person in the practice of an occupation or profession; (14) Submits false statements to collect fees for which services have not been provided or submits statements to collect fees for services which were not authorized and were not necessary; (15) Fails to pay a civil fine imposed by the Mayor, a board, other administrative officer, or court; (16) Willfully breaches a statutory, regulatory, or ethical requirement of the profession or occupation, unless ordered by a court; (17) Refuses to provide service for which he or she is licensed, certified or registered, to any person for reasons prohibited by Unit A of Chapter 14 of Title 2, or any other District or federal anti-discrimination law or regulation; (18) Performs, offers, or attempts to perform services beyond the scope of those authorized by the registration, license or certificate, if such services require registration, licensing, or certification under District law; (19) Violates any District or federal law, regulation, or rule related to the practice of the occupation or profession; (20) Violates a valid order of a board or violates a consent decree or negotiated settlement entered into with a board; (21) Demonstrates a willful or careless disregard for the standards of acceptable conduct and prevailing practice within the occupation or profession; (22) Demonstrates a willful or careless disregard for the health, welfare, or safety of any client or member of the public in the practice of the occupation or profession, regardless of whether such person sustains actual injury as a result; or (23) Fails to pay the applicable fees required by this subchapter. (b)(1) A board may require a licensed or certified person to submit to a mental or physical examination whenever it has probable cause to believe that person is impaired due to the reasons specified in subsection (a)(6), (7), or (8) of this section. The examination shall be conducted by one or more health professionals designated by the board, and he, she, or they shall report their findings concerning the nature and extent of the impairment, if any, to the board and to the person who was examined. (2) Notwithstanding the findings of the examination ordered by the board, the licensed or certified person may submit, in any proceedings before a board or other adjudicatory body, the findings of an examination conducted by one or more health professionals of his or her choice to rebut the findings of the examination ordered by the board. (3) Willful failure or refusal to submit to an examination requested by a board shall be considered as affirmative evidence that the licensed or certified person is in violation of subsection (a)(6), (7), or (8) of this section, and the person shall not be entitled to submit the findings of another examination in disciplinary or adjudicatory proceedings related to the violation. (c) Upon determination by a board that an applicant, licensee, registrant, person certified, or person permitted by this subchapter to practice in the District has committed any of the acts described in subsection (a) of this section, the board may direct the Mayor to: (1) Deny a license or certificate to an applicant; (2) Revoke or suspend the license, registration, or certification of any licensee, registrant, or person certified; (3) Revoke or suspend the privilege to practice in the District of any person permitted by this subchapter to practice in the District; (4) Reprimand any licensee, registrant, person certified, or person permitted by this subchapter to practice in the District; (5) Impose a civil fine not to exceed $5,000 for each violation by any applicant, licensee, registrant, person certified, or person permitted by this subchapter to practice in the District; (6) Require a course of remediation, approved by the board, which may include: (A) Therapy or treatment; (B) Retraining; and (C) Reexamination, in the discretion of and in the manner prescribed by the board, after the completion of the course of remediation; (7) Require a period of probation; or (8) Issue a cease and desist order pursuant § 47-2853.19 [repealed, see now § 47-2844.01]. (c-1)(1) A board shall not: (A) Inquire into or consider: (i) An applicant's criminal conviction until after the applicant is found by the board to be otherwise qualified; or (ii) For an applicant, licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District: (I) A conviction that has been sealed, expunged, vacated, or pardoned, including a conviction that has been set aside pursuant to [subchapter I of Chapter 9 of Title 24]; (II) A juvenile adjudication; or (III) Non-conviction information, including information related to a deferred sentencing agreement, participation in a diversion program, or an arrest that did not result in a conviction; or (B) Consider a conviction of an offense of an applicant, licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District that is not directly related to the occupation for which the license, registration, or certification is sought or held. (2) Pursuant to paragraph (1)(B) of this subsection, a board shall determine whether a conviction of an offense of an applicant, licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District is directly related to the occupation for which a license, registration, or certification is sought or held by considering the totality of the following factors: (A) Whether the elements of the offense are directly related, by clear and convincing evidence, to the specific duties and responsibilities of the occupation; (B) Any evidence produced by the applicant, licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District concerning their rehabilitation and fitness, including: (i) Evidence as to whether the applicant, licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District has recidivated; (ii) Evidence demonstrating compliance with any terms and conditions of probation, supervised release, or parole; (iii) The length of time that has elapsed since the offense was committed; (iv) The age at which the offense was committed; (v) Any circumstances related to the offense, including mitigating circumstances; (vi) Evidence of work history, particularly any training or work experience related to the occupation; and (vii) Letters of reference; and (C) The District's interest in promoting employment opportunities for individuals with criminal records. (c-2) By January 1 of each year, the Mayor shall submit a report to the Council that includes the following information from the prior fiscal year for each board: (1) The number of petitions filed pursuant to § 47-2853.12(n) and the board's decisions on those petitions; (2) The number of applications filed and, of those, the number that were not pursued by the applicant, granted, or denied, and applicants' demographic information; (3) The number of applicants, licensees, registrants, persons certified, or persons permitted by [this subchapter] to practice in the District who received a notice of intent to deny, suspend, or revoke based on the person's criminal conviction, which criminal offenses were used as a basis for the decision, and the number of applicants, licensees, registrants, persons certified, or persons permitted by [this subchapter] to practice in the District who provided additional information in response to the notice, pursuant to § 47-2853.22(a-1)(1)(D); (4) The number of applicants, licensees, registrants, persons certified, or persons permitted by [this subchapter] to practice in the District with a criminal conviction who proceeded to a hearing, and whether those individuals were represented by counsel; (5) The number of applicants, licensees, registrants, persons certified, or persons permitted by [this subchapter] to practice in the District with a criminal conviction who appealed the board's final decision, as well as the outcome of each appeal; and (6) A description of how each board has facilitated access to licenses, registrations, and certifications for persons with a criminal record in light of the District's interest in promoting employment opportunities for individuals with criminal records. (d) Nothing in this subchapter shall preclude prosecution for a criminal violation of this subchapter regardless of whether the same violation has been or is the subject of one or more of the disciplinary actions provided by this subchapter. Criminal prosecution may proceed prior to, simultaneously with, or subsequent to administrative enforcement action. (e) A person licensed to practice an occupation or profession in the District is subject to the disciplinary authority of the relevant board on the basis of disciplinary action taken by another jurisdiction if the basis of the disciplinary action would have caused a similar result in the District. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; May 24, 2005, D.C. Law 15-357, § 202(b), 52 DCR 1999; Oct. 23, 2012, D.C. Law 19-193, § 3(f), 59 DCR 10388; Mar. 16, 2021, D.C. Law 23-205, § 4(b), 68 DCR 000769.) Prior Codifications 1981 Ed., § 47-2853.17. Section References This section is referenced in § 47-2853.08 and § 47-2853.48. Effect of Amendments D.C. Law 15-357 rewrote subsec. (a)(5) and added subsecs. (c-1) and (c-2). Prior to amendment, subsec. (a)(1) read as follows: “(5) Has been convicted in any jurisdiction of any crime involving any offense that bears directly on the fitness of the person to be licensed;” The 2012 amendment by D.C. Law 19-193 added (a)(5)(B-i). § 47–2853.18. Summary suspension or restriction of license. (a) If the Mayor determines, after investigation, that the conduct of a licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District, presents an imminent danger to the health and safety of persons in the District, the Mayor may summarily suspend or restrict, without a hearing, the license, registration, certification, or permission to practice an occupation or profession. (b) The Mayor, at the time of the summary suspension or restriction of a license, shall provide the licensee with written notice stating the action that is being taken, the right of the licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District to request a hearing, and legal resources available in the District. (c) A licensee, registrant, person certified, or person permitted by [this subchapter] to practice in the District shall have the right to request a hearing within 72 hours after service of notice of the summary suspension or restriction of license, registration, certification, or permission. The board shall hold a hearing within 72 hours of receipt of a timely request, and shall issue a decision within 72 hours after the hearing. (d) Every decision and order adverse to a licensee, registrant, person certified, or person permitted to practice by [this subchapter] in the District shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings shall be supported by, and in accordance with, reliable, probative, and substantial evidence. The relevant board shall provide a copy of the decision and order and accompanying findings of fact and conclusions of law to each party to a case or to his or her attorney of record. (e) Any person aggrieved by a final summary action may file an appeal in accordance with subchapter I of Chapter 5 of Title 2. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Mar. 16, 2021, D.C. Law 23-205, § 4(c), 68 DCR 000769.) Prior Codifications 1981 Ed., § 47-2853.18. § 47–2853.19. Cease and desist orders. [Repealed] Repealed. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 4, 2006, D.C. Law 16-81, § 5(d), 53 DCR 1050.) Prior Codifications 1981 Ed., § 47-2853.19. § 47–2853.20. Voluntary surrender of license. (a) Any person who is the subject of an investigation into, or a pending proceeding involving, allegations of misconduct may voluntarily surrender his or her registration, license, or certificate to practice in the District, but only by delivering to the Mayor an affidavit stating that the person desires to surrender the registration, license, or certificate and that the action is freely and voluntarily taken, and not the result of duress or coercion. (b) Upon receipt of the required affidavit, the Mayor shall enter an order revoking or suspending the registration, license, or certificate of the person. (c) The voluntary surrender of a registration, license, or certificate shall not preclude the imposition of civil or criminal penalties against the licensee. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.20. Delegation of Authority Delegation of Revocation and Suspension Authority to Board of Real Estate, see Mayor’s Order 2007-125, May 25, 2007 ( 54 DCR 9064). § 47–2853.21. Voluntary limitation or surrender; confidentiality. (a)(1) Any registration, license, or certificate issued under this subchapter may be voluntarily limited by the licensee or certificate holder either: (A) Permanently; (B) For an indefinite period of time to be restored at the discretion of the board regulating the occupation or profession; or (C) For a definite period of time under an agreement between the licensee or certificate holder and the board. (2) During the period of time that the license or certificate has been limited, the licensee or certificate holder shall not engage in the practices or activities to which the voluntary limitation of practice relates. (3) As a condition for accepting the voluntary limitation of practice, the board may require the licensee or certificate holder to do one or more of the following: (A) Accept care, counseling, or treatment by a health professional acceptable to the board; (B) Participate in a program of education prescribed by the board; and (C) Practice under the direction of a licensed or certified person in the same or a similar occupation or profession acceptable to the board for a specified period of time. (b)(1) Any license or certificate issued under this subchapter may be voluntarily surrendered to the board by the licensee or certificate holder either: (A) Permanently; (B) For an indefinite period of time to be restored at the discretion of the board regulating the occupation or profession; or (C) For a definite period of time under an agreement between the licensee or certificate holder and the board. (2) During the period of time that the license or certificate has been surrendered, the person surrendering the license or certificate shall not practice, attempt to practice, or offer to practice the occupation or profession for which the license or certificate is required, shall be considered as not licensed or certified, and shall not be required to pay the fees for licensing or certification. (c) All records, communications, and proceedings of the board related to the voluntary limitation or surrender of a license under this section shall be confidential. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.21. § 47–2853.22. Hearings; final decision. (a) Before a board denies an applicant a registration, license, or certificate, revokes or suspends a registration, license, or certificate, reprimands a licensee or certificate holder, imposes a civil fine, requires a course of remediation or a period of probation, or denies an application for reinstatement, it shall give the person against whom the action is contemplated an opportunity for a hearing before the board except where the denial of the license is based solely on an applicant’s failure to meet minimum age, education, or experience requirements, pass a required examination, pay the applicable fees established by the board, or where there are no material facts at issue. (a-1)(1) Before holding a hearing under this section due to a determination made under § 47-2853.17(c-1)(2), the board shall notify the applicant, licensee, registrant, person certified, or person permitted to practice by [this subchapter] in the District, in writing, with the following information: (A) The conviction that forms the basis for the action, and the board's reasoning for determining the offense is directly related to the occupation for which the license, registration, or certification is sought or held, pursuant to § 47-2853.17(c-1)(2); (B) A copy of any criminal history records on which the board relies; (C) A statement that the applicant, licensee, registrant, person certified, or person permitted to practice by [this subchapter] in the District may provide evidence of inaccuracies within the criminal history records; (D) A description of additional information that the applicant, licensee, registrant, person certified, or person permitted to practice by [this subchapter] in the District may provide to demonstrate their rehabilitation and fitness; and (E) Information about the hearing procedures in this section. (2)(A) After receiving notice pursuant to paragraph (1) of this subsection, the applicant, licensee, registrant, person certified, or person permitted to practice shall have 45 business days to respond. (B) The board shall have 45 business days after the response is received to issue its final decision. (b) A board, at its discretion, may request the applicant, licensee or certificate holder to attend a settlement conference prior to holding a hearing under this section, and may enter into negotiated settlement agreements and consent decrees to carry out its functions. (c) Except to the extent that this subchapter specifically provides otherwise, a board shall give notice and hold the hearing in accordance with subchapter I of Chapter 5 of Title 2. (d) The hearing notice to be given to the person shall be sent by certified mail to the last known address of the person at least 15 days before the hearing, and shall include information on legal resources available in the District. (e) The person may be represented at the hearing by counsel. (f)(1) A board may administer oaths and require the attendance and testimony of witnesses and the production of books, papers, and other evidence in connection with any proceeding under this section. (2) A board shall require the attendance of witnesses and the production of books, papers, and other evidence reasonably requested by the person against whom an action is contemplated. (3) In case of contumacy by or refusal to obey a subpoena issued by the board to any person, the board may refer the matter to the Superior Court of the District of Columbia, which may by order require the person to appear and give testimony or produce books, papers, or other evidence bearing on the hearing. Refusal to obey such an order shall constitute contempt of court. (g) If, after due notice, the person against whom the action is contemplated fails or refuses to appear, a board may hear and determine the matter. (h) A board shall issue its final decision in writing within 90 days after conducting a hearing. (i) A board may delegate its authority under this subchapter to hold hearings and issue final decisions to a panel of 3 or more members of the board. Final decisions of a hearing panel shall be considered final decisions of the board for purposes of appeal to the District of Columbia Court of Appeals, except that the person against whom an action is contemplated may ask for a rehearing before the full board. If a rehearing before the full board is requested, no appeal to the District of Columbia Court of Appeals shall be permitted until the full board has issued a ruling. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Mar. 16, 2021, D.C. Law 23-205, § 4(d), 68 DCR 000769.) Prior Codifications 1981 Ed., § 47-2853.22. Section References This section is referenced in § 47-2844.01, § 47-2853.08, and § 47-2853.10. § 47–2853.23. Appeal and review. Any person aggrieved by a final decision of a board may appeal the decision to the District of Columbia Court of Appeals pursuant to § 2-510. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.23. § 47–2853.24. Reinstatement of suspended or revoked license. (a) Except as provided in subsection (b) of this section, a board may reinstate the license or privilege of a person whose license or privilege has been suspended or revoked by the board only in accordance with: (1) The terms and conditions of the order of suspension or revocation; or (2) A final judgment or order in any proceeding for review. (b)(1) If an order of suspension or revocation was based on the conviction of an offense that is directly related to the occupation for which the license, registration, or certification was held, pursuant to a determination made under § 47-2853.17(c-1)(2) and the conviction subsequently is overturned at any stage of an appeal or other post-conviction proceeding, the suspension or revocation shall end when the conviction is overturned. (2) After the process of review is completed, the clerk of the court issuing the final disposition of the case shall notify the board or the Mayor of that disposition. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Mar. 16, 2021, D.C. Law 23-205, § 4(e), 68 DCR 000769.) Prior Codifications 1981 Ed., § 47-2853.24. § 47–2853.25. Licenses and certifications issued prior to this subchapter. Any person who has been properly licensed or certified under any prior law or regulation of the District, has a valid license or certificate, and on the effective date of this subchapter is in the active practice of the occupation or profession for which he or she has been licensed or certified shall be deemed qualified to practice that occupation or profession, notwithstanding that such person does not meet the qualifications for licensure or certification set forth in this subchapter. The person shall be eligible to renew that license or certificate and continue to practice that occupation or profession as long as all current requirements for licensure or certification are met and unless disciplined as provided in this subchapter. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.25. § 47–2853.26. False representation of authority to practice. Unless authorized to practice an occupation or profession under this subchapter, a person shall not represent to the public by title, description of services, methods, or procedures, or otherwise that the person is authorized to practice that occupation or profession in the District. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.26. § 47–2853.27. Fines and penalties; criminal violations. (a) Any person who violates any provision of this subchapter shall, upon conviction, be subject to imprisonment not to exceed one year, a fine not to exceed $10,000, or both. (b) Any person who has been previously convicted under this subchapter shall, upon conviction, be subject to imprisonment not to exceed one year, a fine not to exceed $25,000, or both. (c) The fines set forth in this section shall not be limited by [§ 22-3571.01]. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 11, 2013, D.C. Law 19-317, § 112(f), 60 DCR 2064.) Prior Codifications 1981 Ed., § 47-2853.27. Effect of Amendments The 2013 amendment by D.C. Law 19-317 added (c). Emergency Legislation For temporary (90 days) amendment of this section, see § 112(f) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). Editor's Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013. § 47–2853.28. Prosecutions. (a) Prosecutions for violations of this subchapter shall be brought in the name of the District of Columbia by the Attorney General for the District of Columbia. (b) In any prosecution brought under this subchapter, any person claiming an exemption from regulation under this subchapter shall have the burden of providing entitlement to the exemption. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(9), 52 DCR 2638.) Prior Codifications 1981 Ed., § 47-2853.28. Effect of Amendments D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”. § 47–2853.29. Fines and penalties; civil alternatives. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter, or any rules or regulations issued under the authority of this subchapter, pursuant to Chapter 18 of Title 2. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.29. § 47–2853.30. Injunctions; unlawful practices. (a) The Attorney General for the District of Columbia may bring an action in the Superior Court of the District of Columbia in the name of the District of Columbia to enjoin the unlawful practice of any occupation or profession or any other action which is grounds for the imposition of a criminal penalty or disciplinary action under this subchapter. (b) Remedies under this section are in addition to criminal prosecution or any disciplinary action by a board. (c) In any proceeding under this section, it shall not be necessary to prove that any person is personally injured by the action or actions alleged. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(10), 52 DCR 2638.) Prior Codifications 1981 Ed., § 47-2853.30. Effect of Amendments D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”. Part A. Accountants. § 47–2853.41. Definitions; scope of practice for accountants. For the purposes of this part, the term: (1) “Attest services” or “attestation services” means providing any of the following services: (A) An audit or other engagement to be performed in accordance with the Statements on Auditing Standards; (B) A review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services; (C) An examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements; (D) An engagement to be performed in accordance with the Auditing Standards of the Public Company Accounting Oversight Board; and (E) An examination, review, or agreed-upon procedures engagement to be performed in accordance with the Statements on Standards for Attestation Engagements, other than an examination described in subparagraph (C) of this paragraph. (2) “Board” means the Board of Accountancy established under § 47-2853.06(b). (3) “Certificate” means the certificate of certified public accountant. (4) “Compilation service” means providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services that is presenting in the form of financial statements information that is the representation of management or owners without undertaking to express any assurance on the statements. (5) “Firm” means a sole proprietorship, a corporation, a partnership, or any other form of organization. (6) “Home office” means the location specified by the client as the address to which a service described in § 47-2853.49(d)(4) is directed. (7) “Practice of certified public accounting” means providing accounting or consulting services under circumstances where there is an expectation of public confidence in the services, and attesting to the results, including: (A) Expressing opinions on financial statements or audits; (B) Reviewing financial statements and issuing reports in standard form on the statements; (C) Compiling financial statements and issuing reports in standard form on the compilations; and (D) Examining prospective financial information. (8) “Principal place of business” means the office location designated by a certified public accountant for purposes of § 47-2853.49 and reciprocity. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Dec. 2, 2011, D.C. Law 19-43, § 2(c), 58 DCR 8928; Apr. 15, 2017, D.C. Law 21-276, § 2(b), 64 DCR 955.) Prior Codifications 1981 Ed., § 47-2853.41. Section References This section is referenced in § 47-2853.06 and § 47-2853.44. Effect of Amendments D.C. Law 19-43 rewrote the section, which formerly read: “(a) For the purposes of this part, the term ‘Practice of Certified Public Accounting’ means providing accounting or consulting services under circumstances where there is an expectation of public confidence in such services, and attesting to the results, including (1) expressing opinions on financial statements (audits); (2) reviewing financial statements and issuing reports in standard form on such statements; (3) compiling financial statements and issuing reports in standard form on such compilations; (4) examining prospective financial information. “(b) For the purposes of this part, the term ‘certificate’ means the Certificate of certified public accountant.” Editor's Notes Section 3 of D.C. Law 19-43 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-43, § 3, was repealed by D.C. Law 19-168, § 7010. § 47–2853.42. Eligibility requirements. An applicant for licensure as a certified public accountant shall establish to the satisfaction of the Board of Accountancy that the applicant: (1) [Repealed]. (2) [Repealed]. (3) Has passed an examination in accounting and auditing and such related subjects as the Board shall determine to be appropriate; (4)(A) Holds a baccalaureate degree with a concentration in accounting conferred by a college or university recognized by the Board or holds that which the Board determines to be substantially the equivalent thereof; or (B) Holds a baccalaureate degree acceptable to the Board supplemented with the equivalent of an accounting concentration including related courses in other areas of business administration; and (C) For applicants receiving a baccalaureate degree after January 1, 2000, in addition to meeting the requirements of either subparagraphs (A) or (B) of this paragraph, possesses 150 semester hours of college education; and (5) Meets any other requirements established by rule to ensure that the applicant has the proper training, experience, and qualifications to practice as a certified public accountant. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(c), 53 DCR 4718; Apr. 15, 2017, D.C. Law 21-276, § 2(c), 64 DCR 955; Mar. 16, 2021, D.C. Law 23-205, § 4(f), 68 DCR 000769.) Prior Codifications 1981 Ed., § 47-2853.42. Section References This section is referenced in § 47-2853.49. Effect of Amendments D.C. Law 16-130, in par. (2), substituted “the examinations” for “the written examinations”; in par. (3), substituted “an examination” for “a written examination”. Emergency Legislation For temporary (90 day) amendment of section, see § 2(d) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763). Temporary Legislation Section 2(d) of D.C. Law 16-101, in par. (2), substituted “examination” for “written examinations”; and in par. (3), substituted “an examination.” for “a written examination”. Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect. § 47–2853.43. Certain representations prohibited. (a) Except as provided in § 47-2853.49 and as permitted by the Board pursuant to subsection (b) of this section, no person shall assume or use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a certified public accountant, unless the person has received a license as a certified public accountant under this subchapter . No firm shall assume or use the title or designation “certified public accountant” or the abbreviation “CPA” or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of certified public accountants unless the firm is registered as a firm of certified public accountants , and all offices of such firm in the District for the practice of public accounting are maintained and registered as required by § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(4). No person shall assume or use the title or designation “public accountant” or any other title, designation, words, letters, abbreviation, sign, card or device tending to indicate that such person is a public accountant unless that person is licensed as a certified public accountant under this part. (b) No firm shall assume or use the title or designation “public accountant” or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the firm is composed of public accountants unless it is a firm of public accountants or a firm of certified public accountants , and all offices of the firm in the District for the practice of public accounting are maintained and registered as required under § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(4). (c) No person or firm shall assume or use the title or designation “certified accountant,” “chartered accountant,” “enrolled accountant,” “licensed accountant,” “registered accountant,” “accredited accountant,” or any other title or designation likely to be confused with “certified public accountant” or “public accountant,” or any of the abbreviations “CA,” “PA,” “RA,” “LA,” or “AA,” or similar abbreviations likely to be confused with “CPA”; provided, however, that anyone who holds a practice privilege pursuant to § 47-2853.49, may hold himself out to the public as an “accountant” or “auditor.” (d)(1) No person shall sign or affix his or her name or any trade or assumed name used by the person in his or her profession or business to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing financial information or facts concerning compliance with conditions established by law or contract, including, but not limited to, statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying or contained in the opinion or certificate which indicates that the person is either an accountant or an auditor or has expert knowledge in accounting or auditing, unless the person holds a valid license or registration issued by the Board, or unless the person holds a practice privilege pursuant to § 47-2853.49. (2) The provisions of this subsection shall not prohibit any officer, employee, partner, or principal of any organization from affixing his or her signature to any statement or report in reference to the affairs of the organization with any wording designating the position, title, or office which he or she holds in the organization nor shall the provisions of this subsection prohibit any act of a public official or public employee in the performance of his or her official duties. (e) No person shall sign or affix a firm name to any opinion or certificate attesting in any way to the reliability of any representation or estimate in regard to any person or organization embracing financial information or facts respecting compliance with conditions established by law or contract, including, but not limited to, statutes, ordinances, regulations, grants, loans, and appropriations, together with any wording accompanying or contained in the opinion or certificate which indicates that the firm is composed of or employs accountants, auditors, or other persons having expert knowledge in accounting or auditing, unless the firm holds a valid registration issued by the Board , or is a firm exempt from registration under § 47-2853.44(a)(4). (f) No person shall assume or use the title or designation “certified public accountant” or “public accountant” in conjunction with names indicating or implying that there is a firm or in conjunction with the designation “and Company” or “and Co.” or a similar designation if there is in fact no bona fide firm registered under § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(4) provided, that a sole proprietor or partnership lawfully using such title or designation in conjunction with such names or designation under prior law may continue to do so. (g) Notwithstanding any other provision of this section, it shall not be a violation of this section for a firm that does not hold a valid registration under § 47-2853.44 and that does not have an office in the District to provide its professional services in the District so long as it complies with the requirements of § 47-2853.44(a)(4). (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(d), 53 DCR 4718; Dec. 2, 2011, D.C. Law 19-43, § 2(d), 58 DCR 8928; Apr. 15, 2017, D.C. Law 21-276, § 2(d), 64 DCR 955.) Prior Codifications 1981 Ed., § 47-2853.43. Effect of Amendments D.C. Law 16-130 rewrote subsec. (a); and in subsec. (b) and par. (d)(1), substituted “s” for “§§ 47-2853.45 and”. D.C. Law 19-43, in subsec. (a), substituted “Except as provided in § 47-2853.49 and as permitted by the Board” for “Except as permitted by the Board”, substituted “under this subchapter and holds” for “under this subchapter, holds”; substituted “public accountants in the District” for “public accountants in the District, and all of the person’s offices in the District for the practice of public accounting are maintained and registered as required under § 47-2853.45”; in subsec. (b), substituted “under § 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(2) or (3)” for “under § 47-2853.46”; in subsec. (c), substituted “, or anyone who holds a practice privilege pursuant to § 47-2853.49,” for “and all of whose offices in the District for the practice of public accounting are maintained and registered as required by the special rules”; in subsec. (d)(1), substituted “, or unless the person holds a practice privilege pursuant to § 47-2853.49” for “and all of the person’s offices in the District for the practice of public accounting are maintained and registered as required by § 47-2853.46”; in subsecs. (e) and (f), substituted “§ 47-2853.44, or unless the firm is exempt from registration under § 47-2853.44(a)(2) or (3)” for “§§ 47-2853.44 and 47-2853.46”; and added (g). Emergency Legislation For temporary (90 day) amendment of section, see § 2(e) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763). Temporary Legislation Section 2(e) of D.C. Law 16-101, in subsec. (a), deleted “and 47-2853.45” and “, 47-2853.45,” and substituted “licensed as a certified public accountant under this part.” for the colon at the end of the lead-in text; repealed subsecs. (a)(1) and (a)(2); in subsec. (b), substituted “§” for “§§ 47-2853.45 and”; and, in subsec. (d)(1), substituted “§” for “§§ 47-2853.45 and”. Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect. Editor's Notes Section 3 of D.C. Law 19-43 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-43, § 3, was repealed by D.C. Law 19-168, § 7010. § 47–2853.44. Registration of firms of certified public accountants. (a)(1) The Board shall register firms of certified public accountants that demonstrate their qualifications in accordance with this section. (2) The following entities must register under this section: (A) Any firm with an office in the District performing attest services as defined in § 47-2853.41(1) or engaging in the practice of certified public accounting as defined in § 47-2853.41(7); (B) Any firm with an office in the District that uses the title “CPA” or “CPA firm”; and (C) Any firm that does not have an office in the District but performs attest services defined in § 47-2853.41(1) for a client having its home office in the District. (3) [Repealed]. (4) A firm that is not subject to the requirements of paragraph (2) of this subsection may perform other professional services in the practice of certified public accounting in the District and may use the title "CPA" or "CPA firm" without registering under this section, if the firm: (A) Performs the services through an individual with practice privileges under § 47-2853.49; and (B) Is lawfully able to perform the services in the state where the individual with practice privileges has his or her principal place of business. (b) A firm registering with the Board as a firm of certified public accountants under subsection (a) of this section shall meet the following requirements: (1) At least one member shall be a certified public accountant licensed and in good standing in the District or, in the case of a firm required to register under subsection (a)(2)(C) of this section, shall be an individual with practice privileges under § 47-2853.49; (2) Each member, whose principal place of business is in the District and who performs professional services in the District shall be a certified public accountant licensed and in good standing in the District; (3) Repealed; (4) Notwithstanding any other provision of law and subject to the provisions of paragraph (5) of this subsection: (A) At least a simple majority of the ownership interest and voting rights of all partners, officers, shareholders, members, or managers in the firm of certified public accountants shall be owned by individuals licensed as certified public accountants in the District or in any other state; and (B) Partners, officers, shareholders, members, or managers whose principal place of business is in the District and who perform professional services in the District shall be licensed under this part. (5) A firm of certified public accountants which includes owners who are not licensed under this part shall be subject to the following requirements: (A) The firm shall designate an individual who is licensed in the District or, in the case of a firm required to register under subsection (a)(2)(C) of this section, an individual with practice privileges under § 47-2853.49, to be responsible for the proper registration of the firm and notify the Board. (B) All owners who are not licensed in the District or in a state shall be active individual participants in the firm of certified public accountants or affiliated entities. (C) The firm shall comply with all other requirements that the Board may impose by rule. (6) A licensed individual, or individual with practice privileges, who is responsible for attestation or compilation services and signs, or authorizes another person to sign, the accountant’s report on the financial statements on behalf of the firm shall meet the competency requirements set forth in the professional standards for such services. (7) A licensed individual, or individual with practice privileges, who signs, or authorizes another person to sign, the accountants’ report on the financial statements on behalf of the firm shall meet the competency requirements set forth in the professional standards. (c) Subject to subsection (a)(4) of this section, a firm that is a corporation organized for the practice of certified public accounting shall also comply with Chapter 5 of Title 29, and any rules promulgated thereunder, governing the issuance, ownership, and transferability of shares and be in compliance with such regulations as may be issued for such corporations. (d) A firm that is registered pursuant to this section or that is exempt from holding a registration under subsection (a)(4) of this section may use the words “certified public accountants” or the abbreviation “CPA” in connection with its firm name. A registered firm shall notify the Board within one month after the admission or withdrawal of a member or shareholder in practice in the District from any firm so registered. Firms shall not offer certified public accounting services unless registered pursuant to this section, except as provided in subsection (a)(2) and (3) of this section. (e) An applicant firm for initial issuance or renewal of a registration to practice under this section shall register each office of the firm within the District with the Board and demonstrate that all attest and compilation services rendered in the District are under the charge of a person licensed under this part, or the corresponding provision of prior law or some other state. (f)(1) An applicant firm for initial issuance or renewal of a registration under this section shall, in its application, list all states (including the District) in which the firm has applied for or has been registered as a CPA firm and list any past denial, revocation, or suspension of a license or registration by the District or any other state. (2) Each licensee or applicant for a registration under this section shall notify the Board in writing within 30 days after its occurrence of any: (A) Change in the identities of partners, officers, shareholders, members, or managers whose principal place of business is in the District; (B) Change in the number or location of offices within the District; (C) Change in the identity of the persons in charge of offices within the District; or (D) Issuance, denial, revocation, or suspension of a license, permit, or registration by any other state. (g) Firms that fall out of compliance with the provisions of this section due to changes in firm ownership or personnel shall take corrective action as quickly as possible. The Board may grant a reasonable period to take corrective action. Failure to bring the firm back into compliance within a reasonable period, as defined by the Board, shall result in the suspension or revocation of the firm registration. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(e), 53 DCR 4718; July 2, 2011, D.C. Law 18-378, § 3(jj)(2), 58 DCR 1720; Dec. 2, 2011, D.C. Law 19-43, § 2(e), 58 DCR 8928; Sept. 26, 2012, D.C. Law 19-171, § 114(n), 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-276, § 2(e), 64 DCR 955.) Prior Codifications 1981 Ed., § 47-2853.44. Section References This section is referenced in § 47-2853.43 and § 47-2853.49. Effect of Amendments D.C. Law 16-130 rewrote the section. D.C. Law 18-378, in par. (2), substituted “Chapter 5” for “Chapter 4”. D.C. Law 19-43 redesignated subsecs. (a) to (f) as subsecs. (b) to (g); added subsec. (a); rewrote redesignated subsec. (b); in subsec. (d), substituted “issued by the Board, or that is exempt from holding a registration and permit under subsection (a)(2) and (3) of this section” for “issued by the Board”, and substituted “pursuant to this section, except as provided in subsection (a)(2) and (3) of this section”, for “pursuant to this section”. The 2012 amendment by D.C. Law 19-171 substituted “licensed in the District, or, in the case of a firm required to register under subsection (a)(2)(A) of this section, an individual with practice privileges under § 47-2853.49, to be” for “licensed in the District or, in the case of a firm required to register under subsection (a)(2)(A) of this section, shall be an individual with practice privileges under § 47-2853.49 to be” in (b)(5)(A). Emergency Legislation For temporary (90 day) amendment of section, see § 2(f) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763). Temporary Legislation Section 2(f) of D.C. Law 16-101 amended section to read as follows: “(a) A firm engaged in the District in the practice of certified public accounting may register with the Board as a firm of certified public accountants if it meets the following requirements: “(1) At least one member thereof is a certified public accountant of the District in good standing; “(2) Each member thereof must be a certified public accountant of the District or of a state in good standing; “(3) At least one member or the resident manager in charge of an office of the firm in the District and each member thereof personally engaged within the District in the practice of public accounting as a member thereof must be a certified public accountant of the District in good standing; “(4) Notwithstanding any other provision of law: “(A) At least 51% of the firm of certified public accountants, in terms of financial interests and voting rights of all partners, officers, shareholders, members, or managers, belongs to individuals licensed as certified public accountants in the District or in any other state; “(B) Partners, officers, shareholders, members, or managers, whose principal place of business is in the District, or who perform professional services in the District, hold a valid license issued under this part; and “(C) Although firms may include non-licensee owners, the firm and its ownership must comply with rules promulgated by the Board; “(5) Any firm of certified public accountants as defined in this part may include non-licensee owners; provided, that: “(A) The firm designates a licensee of the District who is responsible for the proper registration of the firm and identifies that individual to the Board; “(B) All non-licensee owners are active individual participants in the firm of certified public accountants or affiliated entities; and “(C) The firm complies with such other requirements as the Board may impose by rule; “(6) Any individual licensee who is responsible for supervising services requiring licensure as a certified public accountant and signs or authorizes someone to sign the accountant’s report on the financial statements on behalf of the firm shall meet the competency requirements set out in the professional standards for such services; and “(7) Any individual licensee who signs or authorizes someone to sign the accountants’ report on the financial statements on behalf of the firm shall meet the competency requirement of paragraph (6) of this subsection.”. “(b) Subject to the exception provided in subsection (a)(4) of this section, a firm that is a corporation organized for the practice of certified public accounting shall also comply with the provisions of Chapter 4 of Title 29, governing the issuance, ownership, and transferability of shares and be in compliance with such regulations as may be issued for such corporations. “(c) A firm which is registered pursuant to this section and which holds a permit issued by the Board may use the words ”certified public accountants“ or the abbreviation ”CPA“ in connection with its firm name. Notification shall be given to the Board within one month after the admission or withdrawal of a member or shareholder in practice in the District from any firm so registered. Firms shall not offer certified public accounting services unless registered pursuant to this section. “(d) An applicant firm for initial issuance or renewal of a permit to practice under this section shall be required to register each office of the firm within the District with the Board and to show that all attest and compilation services as defined herein rendered in the District are under the charge of a person holding a valid license in the District issued under Subchapter I-B, or the corresponding provision of prior law or some other state. “(e) An applicant firm for initial issuance or renewal of permits under this section shall, in its application, list all states (including the District) in which the firm has applied for or holds permits as a certified public accounting firm and list any past denial, revocation, or suspension of a permit by the District or any other state, and each holder of or applicant for a permit under this section shall notify the Board in writing, within 30 days after its occurrence, of any change in the identities of partners, officers, shareholders, members, or managers whose principal place of business is in the District, any change in the number or location of offices within the District, any change in the identity of the persons in charge of such offices, and any issuance, denial, revocation, or suspension of a permit by any other state. “(f) Firms that fall out of compliance with the provisions of this section due to changes in firm ownership or personnel, after receiving or renewing a permit, shall take corrective action to bring the firm back into compliance as quickly as possible. The Board may grant a reasonable period of time for a firm to take such corrective action. Failure to bring the firm back into compliance within a reasonable period as defined by the Board shall result in the suspension or revocation of the firm permit.” Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect. Editor's Notes Section 3 of D.C. Law 19-43 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-43, § 3, was repealed by D.C. Law 19-168, § 7010. § 47–2853.45. Registration of firms of public accountants. [Repealed] Repealed. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(f), 53 DCR 4718.) Prior Codifications 1981 Ed., § 47-2853.45. Emergency Legislation For temporary (90 day) repeal of section, see § 2(g) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763). Temporary Legislation Section 2(g) of D.C. Law 16-101 repealed this section. Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect. § 47–2853.46. Offices; annual registration. [Repealed] Repealed. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(g), 53 DCR 4718; Mar. 25, 2009, D.C. Law 17-353, §§ 117, 183, 56 DCR 1117; December 2, 2011, D.C. Law 19-43, § 2(f), 58 DCR 8928.) Prior Codifications 1981 Ed., § 47-2853.46. Emergency Legislation For temporary (90 day) amendment of section, see § 2(h) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763). For temporary (90 day) repeal of section 3 of D.C. Law 19-43, see § 7010 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) repeal of section 3 of D.C. Law 19-43, see § 7010 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). Temporary Legislation Section 2(h) of D.C. Law 16-101 deleted “; or by a public accountant or a firm of public accountants;”. Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect. Editor's Notes Section 3 of D.C. Law 19-43 provided: “Sec. 3. Applicability. This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.” Section 3 of D.C. Law 19-43 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-43, § 3, was repealed by D.C. Law 19-168, § 7010. § 47–2853.47. Permits; issuance. [Repealed] [Repealed]. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(h), 53 DCR 4718; Dec. 2, 2011, D.C. Law 19-43, § 2(f), 58 DCR 8928; Apr. 15, 2017, D.C. Law 21-276, § 2(f), 64 DCR 955.) Prior Codifications 1981 Ed., § 47-2853.47. Section References This section is referenced in § 47-2853.01, § 47-2853.43, § 47-2853.44, and § 47-2853.49. Effect of Amendments D.C. Law 16-130, in subsec. (a), substituted “certified public accounting” for “public accounting”. D.C. Law 19-43 repealed subsec. (b), which read as follows: “(b) To be eligible for permits all offices in the District of the certificate holder or registrant must be maintained and registered as required by this subchapter.” Emergency Legislation For temporary (90 day) amendment of section, see § 2(i) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763). Temporary Legislation Section 2(i) of D.C. Law 16-101, in par. (a), substituted “certified public accounting” for “public accounting”. Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect. Editor's Notes Section 3 of D.C. Law 19-43 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-43, § 3, was repealed by D.C. Law 19-168, § 7010. § 47–2853.48. Actions against firms. (a) After a notice and hearing as provided in this subchapter, the Board shall suspend or revoke the registration to practice of a firm if at any time the firm does not meet all the qualifications prescribed by the provision of this subchapter under which it qualified for registration. (b) After a notice and hearing as provided in this subchapter, and upon a determination by the Board that an applicant or firm has committed any of the acts described in § 47-2853.17(a), or violated any rule promulgated pursuant to this subchapter, the Board may take an of the following disciplinary actions: (1) Deny a registration or refuse to renew a registration of a firm; (2) Revoke or suspend the registration of a firm; (3) Censure or reprimand a firm registered or permitted to practice in the District; (4) Impose a civil fine not to exceed $25,000 for each violation by an applicant or a firm registered or permitted to practice in the District; or (5) Restrict a firm from offering or providing attestation services, as defined in § 47-2853.41(1), in the District. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 15, 2017, D.C. Law 21-276, § 2(g), 64 DCR 955.) Prior Codifications 1981 Ed., § 47-2853.48. § 47–2853.49. Substantial equivalency; practice privilege. (a) The Board, or its designee, shall make a determination of whether the education, examination, and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed, the education, examination, and experience requirements contained in the Uniform Accountancy Act, approved by the NASBA Board of Directors on July 7, 2007 (http://www.nasba.org/862571B900737CED/60C85E6667EE42F58 62573E6004F3E9D/$file/UAA%20Fifth%20Edition%20Final.pdf) (“UAA”) or that an individual certified public accountant’s (“CPA”) education, examination, and experience qualifications are comparable to or exceed the education, examination, and experience requirements contained in the UAA. In making its determination, the Board, or its designee, shall take into account the qualifications without regard to the sequence in which experience, education, or examination requirements were attained. (b) An individual whose principal place of business is not in the District shall be presumed to have qualifications substantially equivalent to the District’s qualifications and shall have all the privileges of licensees of the District without the need to obtain a license under § 47-2853.42 if: (1) The individual holds a valid, unrestricted license as a CPA from any state that the NASBA National Qualification Appraisal Service has verified to be in substantial equivalence with the CPA licensure requirements of the AICPA/NASBA Uniform Accountancy; or (2) The individual holds a valid license as a CPA from any state that the NASBA National Qualification Appraisal Service has not verified to be in substantial equivalence with the CPA licensure requirements of the UAA, but the individual has obtained from the NASBA National Qualification Appraisal Service verification that the individual’s CPA qualifications are substantially equivalent to the CPA licensure requirements of the UAA. Any individual who passed the Uniform CPA Examination and holds a valid license issued by any state prior to January 1, 2012, may be exempted by the Board from the education requirement in section 5(c)(2) of the UAA for purposes of this section. (c) Except as provided in this part, an individual granted practice privileges under this section, who offers or renders professional services, whether in person or by mail, telephone, or electronic means pursuant to this part, need not provide notice or other submission to any individual. (d) An individual licensee of another state exercising the privilege afforded under this section and the firm that employs the licensee shall simultaneously consent, as a condition of the grant of the privilege, to the following: (1) The personal and subject matter jurisdiction and disciplinary authority of the Board; (2) Compliance with this part, the generally applicable provisions of this subchapter, and the Board’s rules; (3) In the event the license from the state of the individual’s principal place of business is no longer valid, the cessation of the offering or rendering of professional services in the District, individually and on behalf of a firm; and (4) The appointment of the state board that issued the license as the licensee’s agent upon whom process may be served in any action or proceeding by the Board against the licensee. (e) An individual who has been granted practice privileges under this section, who performs any of the services listed in § 47-2853.41(1) and who performs the services for an entity with its home office in the District may only perform the services through a firm that has obtained a registration under § 47-2853.44. (f) An individual who has been granted practice privileges under this section and who performs services for which a firm registration is required under subsection (e) of this section shall not be required to obtain a license under § 47-2853.42. (g) A licensee of the District offering or rendering services or using their CPA title in a state shall be subject to disciplinary action in the District for an act committed in the state for which the licensee would be subject to discipline for the act committed in the state. The Board shall investigate any complaint made by a board of accountancy of a state. (Dec. 2, 2011, D.C. Law 19-43, § 2(g), 58 DCR 8928; Apr. 15, 2017, D.C. Law 21-276, § 2(h), 64 DCR 955.) Section References This section is referenced in § 47-2853.41, § 47-2853.43, and § 47-2853.44. Emergency Legislation For temporary (90 day) repeal of section 3 of D.C. Law 19-43, see § 7010 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) repeal of section 3 of D.C. Law 19-43, see § 7010 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). Editor's Notes Section 3 of D.C. Law 19-43 provided: “Sec. 3. Applicability. This act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.” Section 3 of D.C. Law 19-43 provided that the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan. D.C. Law 19-43, § 3, was repealed by D.C. Law 19-168, § 7010. Part B. Asbestos Workers. § 47–2853.51. Scope of practice for asbestos workers. For the purposes of this part, an “asbestos worker” is someone licensed under this subchapter and by the federal government to abate asbestos and asbestos materials as defined in subchapter VI of Chapter 1 of Title 8. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.51. § 47–2853.52. Eligibility requirements. An applicant for a license as an asbestos worker shall establish to the satisfaction of the Board of Industrial Trades that the applicant: (1) Has successfully completed a course of instruction on asbestos abatement that has been approved by the Board; or (2) Currently holds a valid license in asbestos abatement from the federal government; and (3) Has provided such additional evidence as the Board or the federal government has determined is necessary for the occupation of asbestos worker. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.52. § 47–2853.53. Certain representations prohibited. Unless licensed as an asbestos worker under this subchapter, no person shall use the term “asbestos worker” or hold himself or herself out, directly or indirectly, as qualified to abate asbestos or asbestos materials. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.53. Part C. Architects. § 47–2853.61. Scope of practice for architects. (a) For the purposes of this part, the term “Practice of architecture” means rendering or offering to render services in connection with the design and construction, enlargement, or alteration of a structure or group of structures that have as their principal purpose human occupancy or habitation, as well as the space within and surrounding these structures. These services include planning and providing studies, designs, drawings, specifications, and other technical submissions, and the administration of construction contracts. The practice of architecture does not include the practice of engineering, as defined in § 47-2853.131, although an architect may perform engineering work that is incidental to the practice of architecture. (b) Nothing contained in this chapter shall be construed to prohibit a student, draftsman, or employee from engaging in the practice of architecture; provided, that the practice is performed under the responsible charge, as defined in [§ 47-2853.64(a)(4)], of a licensed architect. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 7, 2017, D.C. Law 21-249, § 2(d), 64 DCR 1629.) Prior Codifications 1981 Ed., § 47-2853.61. § 47–2853.62. Eligibility requirements. An applicant for a license as an architect shall establish to the satisfaction of the Board of Architecture, Interior Design, and Landscape Architecture that the applicant: (1) [Repealed]. (2) Is a graduate of a degree program in architecture accredited by an accrediting institution prescribed by rule, or has completed an education program in architecture prescribed by rule as the equivalent of an accredited professional architectural degree program; (3) Has passed an examination on the practice of architecture prescribed by rule; and (4) Meets any other requirements established by rule to ensure that the applicant has had the proper training, experience, and qualifications to practice architecture. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 7, 2017, D.C. Law 21-249, § 2(e), 64 DCR 1629; Mar. 16, 2021, D.C. Law 23-205, § 4(g), 68 DCR 000769.) Prior Codifications 1981 Ed., § 47-2853.62. § 47–2853.63. Certain representations prohibited. Unless licensed to practice architecture under this subchapter, no person shall engage, directly or indirectly, in the practice of architecture in the District or use the title “architect,” “registered architect,” “licensed architect,” “architectural designer,” or display or use any words, letters, figures, titles, signs, cards, advertisements, or any other symbols or devices indicating, or tending to indicate, that the person is an architect or is practicing architecture. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.63. § 47–2853.64. Definitions. (a) For the purposes of §§ 47-2853.65 through 47-2853.68, the term: (1) "Professional design document" means any drawing, specification, report, request for information, construction and administration document, or contract that in any way calls for the professional services of an architect, interior designer, or landscape architect. (2) "Professional design firm" means any firm, franchise, partnership, association, or corporation that is licensed to solicit and provide architecture, interior design, or landscape architecture services in the District. (3) "Professional design services" means architecture, interior design, or landscape architecture services provided in the District. (4) "Responsible charge" means direct control and personal supervision by a licensed architect, interior designer, or landscape architect in the provision of professional design services, including that the licensee personally makes professional design decisions or reviews and approves proposed decisions before their implementation, including consideration of alternatives whenever technical decisions are to be made, and judges the qualifications of technical specialists and the validity and applicability of their recommendations before the recommendations are incorporated in the work. (Apr. 7, 2017, D.C. Law 21-249, § 2(f), 64 DCR 1629.) § 47–2853.65. Licensure of professional design firms. (a) No firm, franchise, partnership, association, or corporation shall offer or perform professional design services in the District unless the entity has obtained a license from the Mayor as a professional design firm. (b) No professional design firm license shall be issued to an applicant unless: (1) The applicant is organized and exists pursuant to applicable District and federal laws; (2) At least one partner, officer, shareholder, member, or manager is an architect, interior designer, or landscape architect licensed and in good standing in the District; (3) Each member who performs professional design services in the District is licensed and in good standing in the District; and (4) All professional design services solicited or provided by a professional design firm shall be under the responsible charge of a supervising architect, interior designer, or landscape architect who is licensed in the District; provided, that this provision shall not be construed to permit any licensed architect, interior designer, or landscape architect to practice or supervise the performance of services that are beyond the scope of those authorized by the license as established under [this subchapter]. (c) No person shall sign and stamp a professional design document on behalf of the professional design firm except an architect, interior designer, or landscape architect licensed in the District. (d) A professional design firm licensed pursuant to this section may use the words "architect," "interior designer," or "landscape architect" or any other word, letter, figure, title, sign, card, advertisement, or symbol indicating that the professional design firm is authorized to solicit or provide professional design services in connection with its firm name. (e) A licensed professional design firm shall notify the Board within 30 days after the admission or withdrawal of a member or shareholder from a professional design firm. (f) The license of a professional design firm that is in noncompliance with the provisions of this section due to changes in ownership or personnel of the professional design firm shall be subject to suspension or revocation of its license. (Apr. 7, 2017, D.C. Law 21-249, § 2(f), 64 DCR 1629.) § 47–2853.66. Offices; rules. (a) Each professional design firm shall be under the responsible charge of at least one member who holds a valid license as an architect, interior designer, or landscape architect issued by the Mayor and who shall serve in that capacity at one office only. (b) The Mayor, pursuant to [[subchapter I of Chapter 5 of Title 2]], shall issue rules to prescribe the licensure application procedures. (Apr. 7, 2017, D.C. Law 21-249, § 2(f), 64 DCR 1629.) § 47–2853.67. License; issuance. A license for a professional design firm shall be issued by the Mayor if the firm has furnished evidence satisfactory to the Board of compliance with the requirements for licensure or the renewal of licensure, whichever applies, as outlined in [this subchapter]. (Apr. 7, 2017, D.C. Law 21-249, § 2(f), 64 DCR 1629.) § 47–2853.68. Actions against firms. (a) After notice and a hearing as provided for in [this subchapter], the Board shall suspend or revoke the license of a professional design firm found in noncompliance. (b) After notice and hearing, where the Board determines that a professional design firm license or applicant has committed any of the acts described in [§ 47-2853.17] or violated any rules issued pursuant to that section, the Board may: (1) Deny the application for an initial license or a renewal of licensure; (2) Revoke or suspend the licensure of the professional design firm; (3) Censure or reprimand the professional design firm; or (4) Impose a civil fine not to exceed $50,000 for each violation. (Apr. 7, 2017, D.C. Law 21-249, § 2(f), 64 DCR 1629.) Part D. Barbers. § 47–2853.71. Scope of practice for barbers. For the purposes of this part, the term “practice of barbering” means providing or offering to the general public for a fee any of the following services solely for cosmetic purposes: cutting, dressing, singeing, shampooing, styling, or similar work performed upon the face, hair, hairpiece, or wig of a person; shaving or trimming of facial hair of a person; or massaging or applying cosmetic preparations to the face, neck, or scalp of a person. The practice of barbering shall not include manicuring, electrolysis, or the braiding or weaving of hair. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.71. § 47–2853.72. Eligibility requirements. An applicant for an occupational license as a barber shall establish to the satisfaction of the Board of Barber and Cosmetology that the applicant: (1) Has passed the examination or examinations required by the Board; and (2) Meets any other requirements established by rule to ensure that the applicant has had the proper training and is otherwise qualified to practice the occupation, manage a facility where such occupation is performed, own such a facility or teach the occupation. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.72. Section References This section is referenced in § 47-2853.12. § 47–2853.73. Certain representations prohibited. Unless licensed under this subchapter, no person may use the term “barber” or imply that he or she is licensed to engage in the practice of barbering in the District. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.73. Part D-i. Body Artists. § 47–2853.76. Definitions. For the purposes of this part, the term: (1) "Board" means the Board of Barber and Cosmetology. (2) "Body art" or "body art procedure" means the process of physically modifying the body for cosmetic or other non-medical purposes, including tattooing, body piercing, and fixing indelible marks or figures on the skin through scarification, branding, tongue bifurcation, and tissue removal. (3) "Body artist" means an individual who is licensed under this chapter to perform body art procedures. (4) "Body art establishment" means any structure or venue, whether temporary or permanent, where body art procedures are performed. (5) "Body piercing" means the perforation of any human body part followed by the insertion of an object, such as jewelry, for cosmetic or other non-medical purposes by using any of the following instruments, methods, or processes: stud and clasp, captive ball, soft tissue, cartilage, surface, surface-to-surface, microdermal implantation or dermal anchoring, subdermal implantation, and transdermal implantation. The term "body piercing" does not include nail piercing. (6) "Branding" means the process of applying extreme heat with a pen-like instrument to create an image or pattern. (7) "Cleansing product" means any material used to apply cleansing agents to the skin, such as cotton balls, tissue or paper products, paper or plastic cups, towels, gauze, or sanitary coverings. (8) "Operator" means a person who owns, controls, or operates a body art establishment, whether or not the person actually performs body art procedures. (9) "Sanitization" means the reduction of the population of microorganisms to safe levels, as determined by the Department of Health, by a product registered with the Environmental Protection Agency ("EPA") or by chemical germicides that are registered with the EPA as hospital disinfectants. (10) "Scarification" means the placing of an indelible mark on the skin by the process of cutting or abrading the skin to bring about permanent scarring. (11) "Sharps" means any object, sterile or contaminated, that may penetrate the skin or mucosa, including pre-sterilized single needles, scalpel blades, and razor blades. (12) "Single-use" means products or items intended for one-time use that are disposed of after use on a client. (13) "Sterilization" means the process of destruction of all forms of life by physical or chemical means. (14) "Tattoo" means the placing of pigment into the skin dermis for cosmetic or other non-medical purposes, including the process of micro-pigmentation or cosmetic tattooing. (15) "Tissue removal" means placing an indelible mark or figure on the skin through the removal of a portion of the dermis. (16) "Tongue bifurcation" means the cutting of the tongue from tip to part of the way toward the base, forking at the end. (Mar. 22, 2023, D.C. Law 24-333, § 5(d)(2), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the creation of this section by section 5(d)(2) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(d)(2) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the creation of this section by § 5(d)(2) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2853.76a. Scope of practice for body artists. For the purposes of this part, the practice of body art does not include: (1) A licensed physician or surgeon performing body art services for medical reasons; (2) A licensed funeral director performing body-piercing or tattooing services as required by that profession; (3) Laser tattoo removal procedures; or (4) Skin treatment procedures such as chemical peels or microdermabrasion. (Oct. 23, 2012, D.C. Law 19-193, § 3(g), 59 DCR 10388.) § 47–2853.76b. Regulation of body artists and body art establishments. (a) The Department of Health shall regulate: (1) [Repealed]. (2) [Repealed]. (b) The Department of Health shall regulate body art establishments to ensure that such establishments have adequate health, sanitization, sterilization and safety methods, procedures, equipment, and supplies by establishing minimum sterilization, sanitation, health, and safety standards for the operation of such establishments as may be necessary to prevent infection and contamination of equipment, supplies, or work surfaces with pathogenic organisms and by establishing and imposing operational licensing, registration requirements, and associated fee schedules. (c)(1) All body art establishments offering tattooing procedures shall conspicuously post a written disclosure that states the following: "The United States Food and Drug Administration has not approved any pigment color additive for injectable use as tattoo ink. There may be a risk of carcinogenic decomposition associated with certain pigments when the pigments are subsequently exposed to concentrated ultra-violet light or laser irradiation." (2) All body art establishments offering tattooing procedures shall maintain documentation on the premises containing the following information and shall disclose such information to customers upon request: (A) The components of the pigments used in the body art establishment; (B) The names, addresses, and telephone numbers of the suppliers and manufacturers of pigments used in the body art establishment for the past 3 years; and (C) Identification of any recalled pigments used in the establishment for the past 3 years and the supplier and manufacturer of each pigment. (3) All body art establishments shall maintain and use regularly calibrated autoclave equipment for the sterilization of any non-disposable body art equipment at a frequency to be established by the Department of Health. (4) Only single-use disposable sharps, pigments, gloves, and cleansing products shall be used in connection with body art procedures in body art establishments, in accordance with rules established by the Department of Health pursuant to subsection (b) of this section. (5) A body art establishment that is in violation of this subsection shall be subject to license suspension or revocation and a maximum fine of $2,500. (d)(1) No person shall operate a body art establishment or perform body art procedures in a body art establishment unless that establishment has obtained a valid body art establishment license issued by the Mayor. (2) No body art establishment shall employ or permit body artists to perform body art procedures in the body art establishment unless the body artist holds a valid body art license issued by the Mayor. (3) Any person violating paragraph (1) or (2) of this subsection shall, upon conviction, be guilty of a misdemeanor and may be punished by a fine not exceeding $2,500, imprisonment for not more than 3 months, or both. (Oct. 23, 2012, D.C. Law 19-193, § 3(g), 59 DCR 10388; Apr. 5, 2021, D.C. Law 23-269, § 501(bb)(10), 68 DCR 001490; Mar. 22, 2023, D.C. Law 24-333, § 5(d)(3), 70 DCR 1524; Dec. 6, 2025, D.C. Law 26-55, § 5232, 72 DCR 9825.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the amendment of this section by section 5(d)(3) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(d)(3) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the change made to this section by § 5(d)(3) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 5232 of Fiscal Year 2026 Budget Support Congressional Review Emergency Act of 2025 (D.C. Act 26-210, Nov. 24, 2025, 72 DCR 13514). For temporary (90 days) amendment of this section, see § 5232 of Fiscal Year 2026 Budget Support Emergency Act of 2025 (D.C. Act 26-146, Sept. 3, 2025, 72 DCR 9623). Editor's Notes This section was enacted as subsection (a), but has no subsection (b). § 47–2853.76c. Eligibility requirements. (a) An applicant for licensure as a body artist shall establish to the satisfaction of the Board that he or she: (1) Has received a certificate of completion of a course in blood borne pathogens, cardiopulmonary resuscitation, and first aid, conferred by an institution or organization that is recognized by the Board or that the Board determines to be substantially equivalent thereof; (2) Has worked as an apprentice body artist, under the training of a body artist who has been licensed in the District of Columbia, for at least 500 hours; (3) Has passed the examinations required by the Board; (4) Has not had his or her license to practice body art procedures suspended or revoked in any other jurisdiction; and (5) Meets any other requirements established by rule to ensure that the applicant has had the proper training and experience to perform body art procedures. (b) Any person who can demonstrate to the satisfaction of the Board that he or she has worked as a body artist in the District or elsewhere for at least 4,000 hours over a period of 2 years immediately preceding the date of application, or has equivalent experience that is acceptable to the Board, is exempt from the requirement in subsection (a)(2) of this section. (Oct. 23, 2012, D.C. Law 19-193, § 3(g), 59 DCR 10388.) § 47–2853.76d. Duties and responsibilities of body artists. (a) Body art technicians shall perform body art procedures in a licensed body art establishment. (b) Body art technicians shall use single-use disposable sharps, pigments, gloves, and cleansing products while performing body art procedures on each client. (c) Verbal and written instructions for the care of the tattooed, pierced, or other modified sites on the body shall be provided by the body artist to each customer upon the completion of the procedure. The written instructions shall advise the customer to consult a physician at the first sign of infection or other adverse reaction and shall contain the name of the body artist and the name, address, and telephone number of the establishment. (d) Any person who violates this section shall be subject to disciplinary action including license suspension or revocation and a maximum fine of $2,500. (Oct. 23, 2012, D.C. Law 19-193, § 3(g), 59 DCR 10388.) § 47–2853.76e. Prohibitions and penalties. (a) No person shall perform or offer to perform body art procedures, hold him or herself out as a practitioner of or entitled or authorized to practice body art procedures, assume any title of “body artist” “tattooist,” “tattoo artist,” “body-piercer,” “body-piercing artist,” or “body modification artist,” and the like, use any words or letters, figures, titles, signs, cards, advertisement, or any other symbols or devices indicating or tending to indicate that the person is authorized to perform such services, or use other letters or titles in connection with that person’s name which in any way represents himself or herself as being engaged in the practice of body art, or authorized to do so, unless the person is licensed by and registered with the Mayor to perform body art procedures in the District of Columbia. (b) No body artist shall perform body art procedures on a person under 18 years of age; except, that, if a parent or legal guardian has provided their written consent: (1) Ear piercing with a sterilized hollow needle or a mechanized, pre-sterilized single-use stud and clasp ear piercing gun is permitted for persons under 18 years of age; and (2) Tattooing services are permitted for persons 16 years of age and older. (c) No person shall perform body art procedures if the person is unable to exercise reasonable care and safety or is otherwise impaired by reason of illness, while under the influence of alcohol, or while using any controlled substance or narcotic drug as defined in 21 U.S.C.§ 802(6) or (17), respectively, or other drug in excess of therapeutic amounts or without valid medical indication, or any combination thereof. (d) No body artist shall administer anesthetic injections or other medications and prescription drugs to customers receiving body art procedures. (e) Any person who violates this section shall, upon conviction, be deemed guilty of a misdemeanor and may be punished by a fine not exceeding $2,500, imprisonment for not more than 3 months, or both. (Oct. 23, 2012, D.C. Law 19-193, § 3(g), 59 DCR 10388; Apr. 23, 2013, D.C. Law 19-271, § 2(b), 60 DCR 1727; July 19, 2024, D.C. Law 25-191, § 205, 71 DCR 6698.) Effect of Amendments The 2013 amendment by D.C. Law 19-271 deleted “subsection (a) of” preceding “this section” in (e). Part D-ii. Construction Managers and General Contractors. [Not Funded] § 47–2853.78. Defintions. [Not Funded] Not Funded. (Dec. 17, 2024, D.C. Law 25-244, § 2(d), 71 DCR 12992.) Applicability Applicability of D.C. Law 25-244: § 3 of D.C. Law 25-244 provided that the creation of this section by § 2(d) of D.C. Law 25-244 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2853.78a. Scope of practice for construction management and general contracting. [Not Funded] Not Funded. (Dec. 17, 2024, D.C. Law 25-244, § 2(d), 71 DCR 12992.) Applicability Applicability of D.C. Law 25-244: § 3 of D.C. Law 25-244 provided that the creation of this section by § 2(d) of D.C. Law 25-244 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2853.78b. Necessity for license; exemptions. [Not Funded] Not Funded. (Dec. 17, 2024, D.C. Law 25-244, § 2(d), 71 DCR 12992.) Applicability Applicability of D.C. Law 25-244: § 3 of D.C. Law 25-244 provided that the creation of this section by § 2(d) of D.C. Law 25-244 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2853.78c. Eligibility criteria for construction managers and general contractors. [Not Funded] Not Funded. (Dec. 17, 2024, D.C. Law 25-244, § 2(d), 71 DCR 12992.) Applicability Applicability of D.C. Law 25-244: § 3 of D.C. Law 25-244 provided that the creation of this section by § 2(d) of D.C. Law 25-244 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2853.78d. Financial statements or balance sheets; surety bonds in lieu of providing financial statements or balance sheets. [Not Funded] Not Funded. (Dec. 17, 2024, D.C. Law 25-244, § 2(d), 71 DCR 12992.) Applicability Applicability of D.C. Law 25-244: § 3 of D.C. Law 25-244 provided that the creation of this section by § 2(d) of D.C. Law 25-244 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2853.78e. Recovery on bond. [Not Funded] Not Funded. (Dec. 17, 2024, D.C. Law 25-244, § 2(d), 71 DCR 12992.) Applicability Applicability of D.C. Law 25-244: § 3 of D.C. Law 25-244 provided that the creation of this section by § 2(d) of D.C. Law 25-244 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2853.78f. Establishment of Residential and Commercial Contractor Guaranty and Education Fund. [Not Funded] Not Funded. (Dec. 17, 2024, D.C. Law 25-244, § 2(d), 71 DCR 12992.) Applicability Applicability of D.C. Law 25-244: § 3 of D.C. Law 25-244 provided that the creation of this section by § 2(d) of D.C. Law 25-244 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2853.78g. Applications for payments from Fund; maximum payment; management of Fund. [Not Funded] Not Funded. (Dec. 17, 2024, D.C. Law 25-244, § 2(d), 71 DCR 12992.) Applicability Applicability of D.C. Law 25-244: § 3 of D.C. Law 25-244 provided that the creation of this section by § 2(d) of D.C. Law 25-244 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2853.78h. Responsibility for contracting with persons lacking proper license. [Not Funded] Not Funded. (Dec. 17, 2024, D.C. Law 25-244, § 2(d), 71 DCR 12992.) Applicability Applicability of D.C. Law 25-244: § 3 of D.C. Law 25-244 provided that the creation of this section by § 2(d) of D.C. Law 25-244 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2853.78i. Certain representations prohibited. [Not Funded] Not Funded. (Dec. 17, 2024, D.C. Law 25-244, § 2(d), 71 DCR 12992.) Applicability Applicability of D.C. Law 25-244: § 3 of D.C. Law 25-244 provided that the creation of this section by § 2(d) of D.C. Law 25-244 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Part E. Cosmetologists. § 47–2853.81. Scope of practice for cosmetologists. For the purposes of this part, the term “practice of cosmetology” means providing or offering to the general public for a fee any of the following services solely for cosmetic purposes: bleaching, braiding, coloring, curling, cutting, dressing, eyebrow arching, the use of devices or chemicals to straighten, curl, or wave hair, shampooing, singeing, styling, weaving, or similar work performed upon the face, hair, hairpiece, or wig of a person; electrolysis; esthetics; and manicuring. The practice of cosmetology shall not include shaving or trimming the beard or moustache of a person. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.81. § 47–2853.82. Eligibility requirements. An applicant for an occupational license as a cosmetologist, cosmetologist-manager, or cosmetologist-owner or any subcategory of specialty cosmetologist, shall establish to the satisfaction of the Board of Barber and Cosmetology that the applicant: (1) Has passed the examination or examinations required by the Board; and (2) Meets any other requirements established by rule to ensure that the applicant has had the proper training and is otherwise qualified to practice the occupation, manage a facility where such occupation is performed, own such a facility or teach the occupation. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.82. Section References This section is referenced in § 47-2853.12. § 47–2853.83. Certain representations prohibited. Unless licensed under this subchapter, no person shall use the terms “cosmetologist,” “licensed cosmetologist,” “cosmetologist-manager,” “cosmetologist-owner,” or words describing any cosmetology specialty (“manicurist,” “braider,” etc.) that may be defined by the Board with the intent to imply that the person is authorized to perform such services in the District. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.83. Part F. Electricians. § 47–2853.91. Scope of practice for electricians. (a) For the purposes of this part, the term “electrician” means any person who designs, installs, maintains, alters, converts, changes, repairs, removes, or inspects electrical wiring, equipment, conductors, or systems in buildings or structures or on public and private space for the transmission, distribution, or use of electrical energy for power, heat, light, radio, television, signaling, communications, or any other purpose, except elevators, platform lifts, stairway chair lifts, manlifts, conveyors, escalators, dumbwaiters, material lifts, automated people movers, and other related conveyances. (b) This part shall not apply to an elevator contractor or mechanic licensed under part F-i of this subchapter if the elevator contractor or mechanic is performing work incidental to work licensed under part F-i of this subchapter. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Mar. 3, 2010, D.C. Law 18-111, § 2151(d), 57 DCR 181.) Prior Codifications 1981 Ed., § 47-2853.91. Effect of Amendments D.C. Law 18-111 rewrote the section, which had read as follows: “For the purposes of this part, the term ‘electrician’ means any person who designs, installs, maintains, alters, converts, changes, repairs, removes or inspects electrical wiring, equipment, conductors, or systems in buildings or structures or on public and private space for the transmission, distribution or use of electrical energy for power, heat, light, radio, television, signaling, communications or any other purpose.” Emergency Legislation For temporary (90 day) amendment of section, see § 2151(d) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see § 2151(d) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). § 47–2853.92. Eligibility requirements. (a) An applicant to be an apprentice electrician shall be registered by the Mayor, without examination, upon providing such information as may be required by the Board of Industrial Trades and payment of appropriate fees. An apprentice electrician shall work only under the direct personal supervision and control of a licensed master electrician or licensed master electrician specialist. (b) Except as provided in subsection (b-1) of this subsection, an applicant for licensure as a journeyman electrician or a master electrician limited (low voltage) shall establish to the satisfaction of the Board of Industrial Trades that he or she has satisfactorily completed a class on Title 12C of the District of Columbia Municipal Regulations or equivalent code within 2 years prior to submittal of the application and has: (1) Worked as an apprentice electrician for at least 8,000 hours over at least 4 years; (2) Graduated from an accredited college or university with a degree in electrical engineering, and has at least 2 years of practical experience in electrical work, which has been certified by a licensed master electrician; or (3) Has comparable experience or a combination of education and experience that the Board deems equivalent to the above; and (4) Has supplied any additional evidence as the Board determines is necessary for the particular specialty license sought by the applicant. (b-1)(1) The Board shall accept, in lieu of examination and the requirements set forth in subsection (b) of this section, a certificate from a national certifying organization certifying that the applicant for licensure as a journeyman electrician: (A) Has passed the organization’s required examination; (B) Is designated by the organization as a journeyman electrician; and (C) Has not been disciplined or otherwise disqualified by the organization. (2) For the purposes of this subsection, the term “national certifying organization” shall include a nationally recognized trade organization or labor union. (c) An applicant for licensure as a master electrician shall establish to the satisfaction of the Board that the applicant has met the requirements of subsection (b) of this section and in addition has worked as a journeyman electrician for at least 4 years. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Mar. 3, 2010, D.C. Law 18-111, § 2151(e), 57 DCR 181; Feb. 24, 2012, D.C. Law 19-82, § 2(b), 58 DCR 11022.) Prior Codifications 1981 Ed., § 47-2853.92. Section References This section is referenced in § 47-2853.12. Effect of Amendments D.C. Law 18-111 rewrote the lead-in text of subsec. (b), which had read as follows: “(b) An applicant for licensure as a journeyman electrician, a master electrician limited (low voltage), or a master electrician limited (elevator/escalator), shall establish to the satisfaction of the Board of Industrial Trades that he or she has satisfactorily completed a class on the National Electrical Code within two years prior to submittal of the application and has:”. D.C. Law 19-82, in subsec. (b), substituted “Except as provided in subsection (b-1) of this subsection, an” for “An”; and added subsec. (b-1). Emergency Legislation For temporary (90 day) amendment of section, see § 2151(e) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see § 2151(e) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). § 47–2853.93. Certain representations prohibited. Unless licensed in accordance with this subchapter, no person shall use the words or terms “electrician,” “licensed electrician,” “master electrician,” or any words describing an electrician specialty authorized by the Board that imply that the person is authorized to perform the services of an electrician in the District. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.93. Part F-i. Elevator Maintenance. § 47–2853.95. Scope of practice for elevator contractors, elevator mechanics, and elevator inspectors. (a) For the purposes of this part, the term: (1) “Elevator contractor” means any sole proprietor, firm, or corporation who, for compensation, engages in erecting, constructing, installing, altering, servicing, repairing, or performing tests of elevators, platform lifts, stairway chair lifts, manlifts, conveyors, escalators, dumbwaiters, material lifts, automated people movers, and other related conveyances. (2) “Elevator mechanic” means any individual who engages in erecting, constructing, installing, altering, servicing, repairing, or testing elevators, platform lifts, stairway chair lifts, manlifts, conveyors, escalators, dumbwaiters, material lifts, automated people movers, and other related conveyances. (3) “Elevator inspector” means any individual who engages in performing inspections of elevators, platform lifts, stairway chair lifts, manlifts, conveyors, escalators, dumbwaiters, material lifts, automated people movers, and other related conveyances. (b) This part shall not apply to an electrician licensed under part F of this subchapter if the work performed by the electrician is work for which he or she is licensed to perform under part F of this subchapter. (Mar. 3, 2010, D.C. Law 18-111, § 2151(f), 57 DCR 181.) Emergency Legislation For temporary (90 day) addition, see § 2151(f) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) addition, see § 2151(f) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). § 47–2853.96. Eligibility requirements. (a) An applicant for licensure as an elevator contractor shall establish to the satisfaction of the Board that the applicant: (1) Has in his or her employ individuals licensed under this part who perform the work described by the applicant in the application; (2) Has complied with the bonding and insurance requirements established by rule; and (3) Meets any other requirements established by rule. (b)(1) An applicant for licensure as an elevator mechanic shall establish to the satisfaction of the Board that the applicant: (A) Has passed the examination required by the Board; and (B) Meets any other requirements established by rule. (2) Until rules are promulgated pursuant to paragraph (1) of this subsection, the Board may issue a 2-year license to an applicant who has: (A) A certificate of completion of an apprenticeship program for elevator mechanic registered with the Bureau of Apprenticeship Training, U.S. Department of Labor, the District of Columbia Apprenticeship Council, or an equivalent state’s apprenticeship council; (B) Worked as an elevator mechanic for 2 years in any combination of construction, maintenance, or repair without direct supervision and for an employer licensed to do business in the District, within the previous 3 years; (C) A valid license from a state having standards substantially equal to those of the District; or (D) Has passed the examination required by the Department of Licensing and Consumer Protection. (c) An applicant for licensure as an elevator inspector shall establish to the satisfaction of the Board that the applicant: (1) Meets the requirements of this subchapter; (2) Meets the current ASME QEI-1, Standards for the Qualifications of Elevator Inspectors, or equivalent; and (3) Meets any other requirement established by rule. (Mar. 3, 2010, D.C. Law 18-111, § 2151(f), 57 DCR 181; Apr. 5, 2021, D.C. Law 23-269, § 501(bb)(11), 68 DCR 001490.) Emergency Legislation For temporary (90 day) addition, see § 2151(f) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) addition, see § 2151(f) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). § 47–2853.97. Certain representations prohibited. Unless licensed in accordance with this part, no person shall use the words or terms “elevator contractor,” “elevator mechanic,” “licensed elevator contractor,” “licensed elevator mechanic,” “elevator inspector,” “licensed elevator inspector,” or any words describing an elevator specialty licensed by the Board to imply that the person is authorized to perform the services of an elevator contractor, elevator mechanic, or elevator inspector in the District. (Mar. 3, 2010, D.C. Law 18-111, § 2151(f), 57 DCR 181.) Emergency Legislation For temporary (90 day) addition, see § 2151(f) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) addition, see § 2151(f) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). § 47–2853.98. Temporary license. In the event of emergency circumstances, the Board may, pursuant to rule, issue a temporary license for a period not to exceed 30 days. (Mar. 3, 2010, D.C. Law 18-111, § 2151(f), 57 DCR 181.) Emergency Legislation For temporary (90 day) addition, see § 2151(f) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) addition, see § 2151(f) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). § 47–2853.99. Fees; rules. (a) Notwithstanding any other provisions of this subchapter, including sections 47-2853.10 and 47-2853.11: (1)(A) The fee for the issuance, renewal, or reinstatement of a license under this part shall be $260; provided, that this fee shall not apply to elevator mechanics employed by the Washington Metropolitan Area Transit Authority. (B) Application fees paid under this section shall not be refundable, even if the applicant withdraws his or her application for licensure, certification, or registration, or is found to be not qualified. (2)(A) All fees collected under this part shall be deposited in the General Fund of the District of Columbia. (b) On or before December 31, 2009, the Mayor, pursuant to Chapter 5 of Title 2, shall issue rules to implement the provisions of this part. (Mar. 3, 2010, D.C. Law 18-111, § 2151(f), 57 DCR 181.) Emergency Legislation For temporary (90 day) addition, see § 2151(f) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) addition, see § 2151(f) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). Part G. Interior Designers. § 47–2853.101. Scope of practice for interior designers. For the purposes of this part, the term “practice of interior design” means providing or offering to provide consultations, preliminary studies, drawings, specifications, or any related service for the design analysis, programming, space planning, or aesthetic planning of the interior of buildings, using specialized knowledge of interior construction, building systems and components, building codes, fire and safety codes, equipment, materials, and furnishings, in a manner that will protect and enhance the health, safety, and welfare of the public whether one or all of these services are performed either in person or as the directing head of an organization. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.101. § 47–2853.102. Eligibility requirements. An applicant for licensure as an interior designer shall establish to the satisfaction of the Board of Architecture, Interior Design, and Landscape Architecture that he or she: (1) Has passed the examination required by this subchapter; and (2) Meets any other requirements established by the Mayor by rule. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 7, 2017, D.C. Law 21-249, § 2(g), 64 DCR 1629.) Prior Codifications 1981 Ed., § 47-2853.102. § 47–2853.103. Certain representations prohibited. (a) It shall be unlawful for any person who is not licensed as an interior designer to engage in the practice of interior design, to advertise as an interior designer, to use the title of “interior designer” or any other words, letters, figures, or other device for the purpose of implying, directly or indirectly, that the person is an interior designer. (b) No company, partnership, association, corporation, or other similar organization shall use the title of “interior designer” unless interior design services rendered by or on behalf of the organization are in the responsible charge of a licensed interior designer. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.103. Part H. Land Surveyors. § 47–2853.111. Scope of practice for land surveyors. For the purposes of this part, the term “practice of land surveying” means providing professional services including consultation, investigation, testimony evaluation, expert technical testimony, planning, mapping, assembling and interpreting reliable scientific measurements and information relative to the location, size, shape or physical features of the earth, improvements on the earth, the space above the earth, or any part of the earth, and utilization and development of these facts and interpretation into an orderly survey map, plan, report, description, or project. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.111. § 47–2853.112. Eligibility requirements. An applicant for licensure as a land surveyor shall establish to the satisfaction of the Board of Professional Engineers that the applicant: (1) [Repealed]. (2) Is a graduate of an accredited college or university with a degree in land surveying or other relevant curriculum, or has a combination of formal education and experience, that is acceptable to the Board; (3) Has passed an examination on the principles and practice of land surveying prescribed by rule or has passed any other examination issued by a national certifying organization or state that is acceptable to the Board; and (4) Meets any other requirements established by rule to ensure that the applicant has had the proper training, experience, and qualifications to practice as a professional land surveyor. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Mar. 16, 2021, D.C. Law 23-205, § 4(h), 68 DCR 000769.) Prior Codifications 1981 Ed., § 47-2853.112. § 47–2853.113. Interns. The Board of Professional Engineering may also provide, by regulation, for the registration or licensure of an applicant as a land surveyor in training who meets such standards as the Board shall establish. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.113. § 47–2853.114. Certain representations prohibited. Unless licensed in accordance with this subchapter, no person shall use the words or terms “land surveyor”, or “licensed land surveyor,” or any words for the purpose of implying that the person is authorized to perform the services of a land surveyor in the District. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.114. PART H-i. Landscape Architects. § 47–2853.116. Scope of practice for landscape architects. (a) For the purpose of [this part], the term "practice of landscape architecture" means rendering or offering to render services, including consultation, evaluation, planning, and preparation of studies, designs, specifications, and other technical submissions, in connection with the development of land areas where, and to the extent that the dominant purpose of such services is preservation, enhancement, or determination of proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings, approaches or environment for structures or other improvements, grading and drainage and the consideration and determination of inherent problems of the land relating to the erosion, wear and tear, blight or other hazards, and the administration of contracts relative to projects principally directed at the functional and aesthetic use of land, and the location and arrangement of such tangible objects and features as are incidental and necessary to the purposes outlined in this section. The term "practice of landscape architecture" does not include the design of structures or facilities with separate and self-contained purposes such as are ordinarily included in the practice of engineering or architecture or the making of land surveys or final land plats for official approval or recording. (b) This section shall not be construed to restrict or otherwise affect the right of any architect, professional engineer, land surveyor, nurseryman, landscape designer, landscape contractor, land planner, community planner, landscape gardener, golf course designer, turf maintenance specialist, irrigation designer, horticulturist, arborist, or any other similar person from engaging in their occupation or the practice of their profession or from rendering any service in connection their occupation or profession. (Apr. 7, 2017, D.C. Law 21-249, § 2(h), 64 DCR 1629.) § 47–2853.117. Eligibility requirements. An applicant for a license as a landscape architect shall establish to the satisfaction of the Board of Architecture, Interior Design, and Landscape Architecture that the applicant: (1) [Repealed]. (2) Is a graduate of a degree program in landscape architecture accredited by an accrediting institution, as prescribed by rule, or has completed an education program in landscape architecture, as prescribed by rule, that is the equivalent of an accredited landscape architectural degree program; and (3)(A) Has passed examination on the practice of landscape architecture, as prescribed by rule; (B) Meets any other requirements prescribed by rule that demonstrate to the Board that the applicant has the proper training, experience, knowledge, and qualification to practice landscape architecture; or (C) Meets the requirement of subsection (1) of this section and holds a valid license to practice landscape architecture issued by another state or territory of the United States if the Board determines the criteria for issuance of such license are substantially identical to the licensure criteria prescribed by the District of Columbia in this act [this part] or rules pursuant to this act [this part] at time of application. (Apr. 7, 2017, D.C. Law 21-249, § 2(h), 64 DCR 1629; Mar. 16, 2021, D.C. Law 23-205, § 4(i), 68 DCR 000769.) § 47–2853.118. Prohibited conduct and representations. Unless licensed to practice landscape architecture under [this subchapter], no person shall engage, directly or indirectly, in the practice of landscape architecture in the District or use the title "professional landscape architect," "landscape architect," or "registered landscape architect" or display or use any words, letters, figures, titles, signs, cards, advertisements, or any other symbols or devices indicating, or tending to indicate, that the person is a landscape architect or is practicing landscape architecture. (Apr. 7, 2017, D.C. Law 21-249, § 2(h), 64 DCR 1629.) Part I. Plumbers or Gasfitters. § 47–2853.121. Scope of practice for plumbers or gasfitters. (a) For the purposes of this part, the term “plumber” means any person who designs, installs, repairs or removes plumbing fixtures intended to receive and discharge water, liquid, or water-carried wastes into the drainage system with which they are connected; or who introduces, maintains or extends a supply of water through a pipe or pipes, or any appurtenance thereof, in any building, lot premises, or establishment; or who connects or repairs any system of drainage whereby foul, waste, or surplus water, sewer gases, vapor or other fluid is discharged or proposed to be discharged through a pipe or pipes from any building, lot, premises or establishment into any public or house sewer, drain, pit, box filter bed or other receptacle or into any natural or artificial watercourse flowing through public or private property; or who ventilates any building, sewer or fixture or appurtenance connected therewith; or who excavates any public or private street, highway, road, court, alley or space for the purpose of connecting any building, lot, premises, or establishment with any service pipe, house sewer, public water main, private water main, public sewer, private sewer, subway, conduit, or other underground structure. (b) For the purposes of this part, the term “gasfitter” means any person who designs, fabricates, installs, tests or operates any nonindustrial type of gas appliance and piping system from the outlet of the meter set assembly, or from the outlet of the service regulator when a meter is not provided, to the inlet connections of appliances, for fuel gases such as natural gas, manufactured gas, undiluted liquefied petroleum gas, liquefied petroleum gas-air mixtures or mixtures of any of these gases; or who introduces, maintains or extends a supply of a gas through a pipe or pipes, or any appurtenance thereof, in any building, lot premises, or establishment; or who ventilates any fixture or appurtenance connected therewith; or who excavates any public or private street, highway, road, court, alley or space for the purpose of connecting any building, lot, premises, or establishment with any service pipe. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.121. § 47–2853.122. Eligibility requirements. (a) An applicant to be an apprentice plumber shall be registered by the Mayor, without examination, upon providing such information as may be required by the Board of Industrial Trades and payment of appropriate fees. An apprentice plumber shall work only under the direct personal supervision and control of a licensed master plumber/gasfitter or master gasfitter. (b) An applicant for licensure as a journeyman plumber or journeyman gasfitter shall establish to the satisfaction of the Board of Industrial Trades that the applicant has: (1) Worked as an apprentice plumber or gasfitter for at least 8,000 hours over at least 4 years; (2) Graduated from an accredited college or university with a degree in mechanical engineering, and has at least 2 years of practical experience as a plumber or gasfitter as verified by a licensed master plumber or licensed master gasfitter; or (3) Has comparable experience or a combination of education and experience that the Board deems equivalent to the above; and (4) Such additional evidence as the Board determines is necessary for the particular specialty license sought by the applicant. (b-1)(1) The Board shall accept, in lieu of examination and the requirements set forth in subsection (b) of this section, a certificate from a national certifying organization certifying that the applicant: (A) Has completed the organization’s apprenticeship program; (B) Has passed the organization’s required examination; (C) Is designated by that organization as a journeyman plumber or journeyman gasfitter; and (D) Has not been disciplined or otherwise disqualified by the organization. (2) For the purposes of this subsection, the term “national certifying organization” shall include a nationally recognized trade organization, non-union sponsor, or labor union that is registered with the Bureau of Apprenticeship Training, the United States Department of Labor, or the District of Columbia Apprenticeship Council. (c) An applicant for licensure as a master plumber/gasfitter or master gasfitter shall establish to the satisfaction of the Board that the applicant has a valid license as a journeyman plumber or gasfitter, or has met the requirements of subsection (b) of this section, and has worked as a journeyman plumber or journeyman gasfitter for at least 4 years. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 23, 2013, D.C. Law 19-274, § 2(b), 60 DCR 2055.) Prior Codifications 1981 Ed., § 47-2853.122. Section References This section is referenced in § 47-2853.12. Effect of Amendments The 2013 amendment by D.C. Law 19-274 added (b-1). § 47–2853.123. Certain representations prohibited. Unless licensed in accordance with this subchapter, no person may use the words or terms “plumber,” “licensed plumber,” “journeyman plumber,” “journeyman gasfitter,” “master plumber,” or “master gasfitter,” or any combination of such words to imply that the person is authorized to perform the services of plumber or gasfitter in the District. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.123. Part J. Professional Engineers. § 47–2853.131. Scope of practice for engineers. For the purposes of this part, the term “practice of engineering” means the application of special knowledge of the mathematical, physical and engineering sciences and the methods of engineering analysis and design in the performance of services and creative work including consultation, investigation, expert technical testimony, evaluation, planning, design and design coordination of engineering works and systems, planning the use of land and water, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems, projects, and industrial or consumer products, or equipment of a control systems, communications, mechanical, electrical, hydraulic, pneumatic, or thermal nature, that may involve safeguarding life, health, or property, and including such other professional services as may be necessary to the planning, progress, and completion of any engineering services. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.131. Section References This section is referenced in § 47-2853.61. § 47–2853.132. Eligibility requirements. (a) An applicant for licensure as a professional engineer shall establish to the satisfaction of the Board of Professional Engineers that the applicant: (1) [Repealed]. (2) Is a graduate of an accredited college or university with a degree in engineering based on a four year curriculum in engineering that is acceptable to the Board; (3) Has passed an examination on the principles and practice of engineering prescribed by rule or has passed any other examination issued by a national certifying organization or state that is acceptable to the Board; and (4) Meets any other requirements established by rule to ensure that the applicant has had the proper training, experience, and qualifications to practice as a professional engineer. (a-1) Notwithstanding subsection (a) of this section, an applicant for licensure as a professional engineer may establish to the satisfaction of the Board of Professional Engineers that the applicant is licensed or certified as a professional engineer and in good standing in another state or is endorsed or certified by a national certifying organization and presents proof thereof to the Board. An applicant licensed and in good standing in another state must demonstrate to the satisfaction of the Board that, at the time the applicant was issued a license by the other state licensing entity, the licensure standards in that state were at least as high as those required by the laws of the District. (b) The Board of Professional Engineering may also provide, by regulation, for the registration or licensure of an applicant as an engineer-in-training who meets such standards as the Board shall establish. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Mar. 16, 2021, D.C. Law 23-205, § 4(j), 68 DCR 000769; Feb. 23, 2023, D.C. Law 24-248, § 2(a), 69 DCR 14748.) Prior Codifications 1981 Ed., § 47-2853.132. § 47–2853.133. Certain representations prohibited. (a) Unless licensed pursuant to § 47-2853.132, no person shall: (1) Undertake responsible charge for the practice of engineering; (2) Use the title "professional engineer," "registered engineer," "engineer," or "engineering design" or display or use any words, letters, figures, titles, signs, cards, advertisements, or any other symbols or devices indicating or tending to indicate that the person is a licensed engineer or professional engineer; except, that this subparagraph shall not apply to a person who uses the title "professional engineer" or "registered engineer" or otherwise indicates the person is a licensed engineer or professional engineer in accordance with the laws of another jurisdiction in which the person is licensed as a professional engineer and in good standing, so long as the use or indication also indicates the jurisdiction in which the person is licensed; except also, that any person any person may use the title "engineering aide," "engineering assistant," "engineering technician," or "engineering technologist"; or (3) Engage directly in the practice of engineering in the District; except, that this paragraph shall not apply to a person acting as a consultant, officer, or employee of the District government or an independent agency of the District of Columbia, or to a graduate of a program accredited by the Accreditation Board for Engineering and Technology or another accreditation entity that is acceptable to the Board of Professional Engineers while under the responsible charge of a professional engineer licensed pursuant to § 47-2853.132. (b) A professional engineer under whose charge an individual is acting pursuant to subsection (a)(3) of this section shall refrain from affixing the professional engineer's signature to any plans or documents not prepared under the professional engineer's direction or control. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Feb. 23, 2023, D.C. Law 24-248, § 2(b), 69 DCR 14748.) Prior Codifications 1981 Ed., § 47-2853.133. Emergency Legislation For temporary (90 days) amendment of this section, see § 2(b) of Engineering Licensure Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-516, July 27, 2022, 0 DCR 0). For temporary (90 days) amendment of this section, see § 2(b) of Engineering Licensure Emergency Amendment Act of 2022 (D.C. Act 24-423, May 23, 2022, 69 DCR 6233). For temporary (90 days) amendment of this section, see § 2(b) of Engineering Licensure Emergency Amendment Act of 2021 (D.C. Act 24-105, June 17, 2021, 68 DCR 006461). Temporary Legislation For temporary (225 days) amendment of this section, see § 2 of Engineering Licensure Temporary Amendment Act of 2022 (D.C. Law 24-164, Sept. 9, 2022, 69 DCR 008847). For temporary (225 days) amendment of this section, see § 2(b) of Engineering Licensure Temporary Amendment Act of 2021 (D.C. Law 24-28, Sept. 22, 2021, 68 DCR 007696). Part K. Property Managers. § 47–2853.141. Scope of practice for property managers. For the purposes of this part, the term “property manager” means an agent for the owner of real estate in all matters pertaining to property management as defined in this subchapter, which are under his or her direction, and who is paid a commission, fee, or other valuable consideration for his or her services. A property manager may employ resident managers. The property manager shall be held accountable for the day-to-day job-related activities of the property manager’s employees. The property manager shall not perform any activities that relate to listing for sale, offering for sale, buying or offering to buy, negotiating the purchase, sale, or exchange of real estate, or negotiating a loan on real estate for a fee, commission, or other valuable consideration. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.141. Section References This section is referenced in § 8-2201. § 47–2853.142. Eligibility requirements. (a) An applicant for licensure as a property manager shall establish to the satisfaction of the Board of Real Estate that the applicant: (1) Is able to read, write, and understand the English language; (2) Has passed an examination or examinations given by or under the direction of the Board, or any other examination acceptable to the Board; (3) Is a high school graduate or the holder of a high school equivalency certificate; (4) Has not had an application for a property manager’s license denied, for reasons other than failure to pass the required examination or examinations, in the District or elsewhere within one year prior to the date on which the application is filed; (5) Has not had a property manager’s license suspended in the District or elsewhere which suspension is still in effect on the date on which the application is filed; and (6) Has not had a property manager’s license revoked in the District or elsewhere within 3 years prior to the date on which his or her application is filed. (b) Persons licensed as real estate brokers in the District are deemed to have satisfied the educational and examination requirements for licensure as property managers, but shall be required to satisfy all other requirements as set forth in this subchapter. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.142. § 47–2853.143. Certain representations prohibited. Unless licensed under this subchapter, no person shall use the term or words “property manager” to imply that he or she is licensed as a property manager in the District. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.143. Part L. Real Estate Appraisers. § 47–2853.151. Scope of practice for real estate appraisers. For the purposes of this part, the term “real estate appraiser” means any person who renders or offers to render professional services to persons, groups, or organizations in the act or process of estimating the value of real property and real estate. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(i), 53 DCR 4718.) Prior Codifications 1981 Ed., § 47-2853.151. Effect of Amendments D.C. Law 16-130 substituted “value of real property and real estate” for “value of real estate”. Emergency Legislation For temporary (90 day) amendment of section, see § 2(j) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763). Temporary Legislation Section 2(j) of D.C. Law 16-101 substituted “real property and real estate” for “real estate”. Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect. § 47–2853.152. Eligibility requirements. (a) The Board shall establish, by rule, the education, experience, and examination requirements that individuals must meet or exceed to obtain licensure, certification, or registration as an appraiser trainee, a licensed residential real property appraiser, a certified residential real property appraiser, or a certified general real property appraiser. (b) The licensure requirements established by the Board shall meet or exceed any applicable federal requirements that are necessary for the federal financial institution’s regulatory agencies to recognize and accept licenses for licensed residential real estate appraisers, certified residential real estate appraisers, and certified general real estate appraisers licensed by the Board. If the federal requirements change and the rules of the Board do not satisfy the minimum federal standards, the federal standards established by the Appraisal Qualifications Board and the Appraisal Standards Board of the Appraisal Foundation when reviewing an application for licensure, certification, or registration shall apply until the Board’s rules satisfy minimum federal standards. (c) The Board shall establish, by rule, the requirements that individuals licensed in jurisdictions other than the District of Columbia as a certified residential real property appraiser or a certified general real property appraiser must satisfy to obtain a temporary license from the Board. The Board’s requirements shall comply with applicable federal law, but the Mayor may require the applicant to pay a license fee to the Department and may place restrictions on the temporary license. (d) The Board shall establish rules governing the supervision of appraiser trainees, the definition and enforcement of standards of professional appraiser practice, and the disposition of complaints from any person or from any federal agency or instrumentality regarding improper appraiser conduct. (e) The Board shall establish, by rule, continuing education requirements necessary for renewal or reinstatement of any license, certification, or registration that meet or exceed the continuing education requirements established under the authority of federal law. (f) The Board may establish, by rule, practice requirements or standards. The Board may enforce requirements or standards established under federal law. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(j), 53 DCR 4718; Mar. 25, 2009, D.C. Law 17-353, §§ 118, 180, 56 DCR 1117.) Prior Codifications 1981 Ed., § 47-2853.152. Effect of Amendments D.C. Law 16-130 rewrote the section. D.C. Law 17-353, in subsec. (b), substituted “registration shall apply until the Board’s rules” for “registration until the Board rules”. Emergency Legislation For temporary (90 day) amendment of section, see § 2(k) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763). Temporary Legislation Section 2(k) of D.C. Law 16-101 amended this section to read as follows: “§ 47-2853.152. Eligibility requirements. “(a) The Board shall establish by regulation the education, experience, and examination requirements that individuals must meet or exceed as conditions for obtaining licensure, certification, or registration as an appraiser trainee, a licensed residential real property appraiser, a certified residential real property appraiser, or a certified general real property appraiser. “(b) The licensure requirements established by the Board shall comply with this part and shall meet or exceed any applicable federal requirements that are necessary in order that the federal financial institution’s regulatory agencies recognize and accept licenses for licensed residential real estate appraisers, certified residential real estate appraisers, and certified general real estate appraisers issued by the Board. If the federal requirements change and the Board’s regulations do not meet the minimum federal standards, the Board may substitute the federal standards established by the Appraisal Qualifications Board and the Appraisal Standards Board of the Appraisal Foundation when reviewing an application for licensure, certification, or registration until the Board is able to amend its regulations. “(c) The Board shall establish by regulation the requirements that individuals licensed in jurisdictions other than the District of Columbia as a certified residential real property appraiser or a certified general real property appraiser must satisfy prior to obtaining a temporary license from the Board. The Board’s requirements shall comply with applicable federal law, but the Mayor may require the applicant to pay a license fee to the Department and may place restrictions on the validity of the temporary license. “(d) The Board shall establish by regulation provisions for the supervision of appraiser trainees, provisions for defining and enforcing the standards of professional appraiser practice, and provisions for the disposition of complaints from any person or from any federal agency or instrumentality regarding improper appraiser conduct. “(e) The Board shall establish continuing education requirements necessary for renewal or reinstatement of any license, certification, or registration that meet or exceed the continuing education requirements established under the authority of federal law. “(f) By regulation, the Board may establish and enforce practice requirements or standards pursuant to District law and may enforce practice requirements or standards established under the authority of federal law.” Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect. § 47–2853.153. Certain representations prohibited. (a) It shall be unlawful for any person in the District to directly or indirectly engage in, advertise, conduct the business of, or act in any capacity as a licensed or certified real estate appraiser or use any title, designation, or abbreviation likely to create the impression of licensure by the District as a real property appraiser for compensation within the District without first obtaining a license as provided in this subchapter. (b) Any person certified as a real property or real estate appraiser by an appraisal trade organization shall retain the right to use the term “certified” or any similar term in identifying himself or herself to the public, provided that in each instance that the term is used, the name of the certifying organization or body is prominently and conspicuously displayed immediately adjacent to the term and that the use of the term “certified” does not create the impression of licensure by the District. (c) Nothing in this subchapter shall abridge, infringe upon, or otherwise restrict the right to use the term “certified assessor” or any similar term by any person certified by the Office of Tax and Revenue to perform ad valorem tax appraisal, provided that the term is not used in a manner that creates the impression of licensure or certification by the District to perform real estate or real property appraisals other than for ad valorem tax purposes. (d) No license shall be issued under the provisions of this subchapter to a partnership, association, corporation, firm, or group, nor shall the term “certified real estate appraiser” or any similar term be used following or immediately in connection with the name of a partnership, association, corporation, or other firm or group or in a manner that might create the impression of licensure or certification by the District as a real estate appraiser. Nothing in this subsection shall be construed to preclude a licensed real estate appraiser from rendering an appraisal for or on behalf of a partnership, association, corporation, firm, or group, provided that the appraisal report is prepared by, or under the immediate personal direction of the licensed real estate appraiser. (e) Any person who is not licensed or certified under this part may assist a licensed or certified real estate appraiser in the performance of an appraisal if he or she registers with the Board as an appraiser trainee, complies with the registration and practice requirements established by the Board, by rule, and is actively and personally supervised by the licensed or certified real estate appraiser. An appraisal report rendered in connection with the appraisal and drafted by the appraisal trainee shall be reviewed and signed by the licensed or certified real estate appraiser. (f) It shall be unlawful for any person who performs an appraisal of real estate located in the District to describe or refer to the appraisal by the term “certified” or any similar term unless the person has first been licensed by the Board under the provisions of this subchapter. Nothing in this subchapter shall require a licensed real estate appraiser to render a “certified” real estate appraisal when performing an appraisal assignment. If a licensee or appraiser trainee performs a real estate appraisal that is not represented as being “certified”, the appraiser shall clearly inform the person to whom the appraisal report is given and prominently disclose on the appraisal report that the appraisal is not a “certified” real estate appraisal. (g) Nothing herein shall be construed to prohibit a real estate broker or salesperson, in the ordinary course of business, from giving an opinion of the price of real estate for the purpose of a prospective listing or sale, if the opinion of the price does not refer to or cannot be construed as an appraisal. (h) Nothing herein shall be construed to prohibit persons who determine the value of items other than real estate from using the term “appraiser” if they do not hold themselves out or imply that they are authorized to appraise real estate or real property. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(k), 53 DCR 4718.) Prior Codifications 1981 Ed., § 47-2853.153. Effect of Amendments D.C. Law 16-130, in subsec. (a), deleted “or certification” following “licensure” and deleted “or certificate” following “license”; in subsec. (b), deleted “or certification” following “licensure” and substituted “real property or real estate” for “real estate” and “and that the use of the term ‘certified’ does” for “and that the use of the term does”; in subsec. (c), substituted “perform real estate or real property” for “perform real estate”; in subsec. (d), deleted “or certified” following “licensed” and “or certificate” following “license”; rewrote subsec. (e); in subsec. (f), deleted “or certified” following “licensed” and substituted “If a licensee or appraiser trainee” for “If a licensed or certified real estate appraiser”; and, in subsec. (h), substituted “appraise real estate or real property” for “appraise real estate”. Prior to amendment, subsec. (e) read as follows: “(e) Any person who is not licensed or certified under this subchapter may assist a licensed or certified real estate appraiser in the performance of an appraisal, if he or she is actively and personally supervised by the licensed or certified real estate appraiser and that any appraisal report rendered in connection with the appraisal is reviewed and signed by the licensed or certified real estate appraiser.” Emergency Legislation For temporary (90 day) amendment of section, see § 2(l) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763). For temporary (90 day) addition of section, see § 2(m) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763). Temporary Legislation Section 2(l) of D.C. Law 16-101, in subsec. (a), deleted “or certification” and “or certificate”; in subsec. (b), substituted “real property or real estate” for “real estate”, substituted “use of the term ‘certified”’ for “use of the term”, and deleted “or certification”; in subsec. (c), substituted “real estate or real property” for “real estate”; in subsec. (d), deleted “or certificate” and “or certified”; in subsec. (f), deleted “or certified”, and substituted “If a licensee or appraiser trainee” for “If a licensed or certified real estate appraiser”; in subsec. (h), substituted “real estate or real property” for “real estate”; and amended subsec. (e) to read as follows: “(e) Any person who is not licensed or certified under this subchapter may assist a licensed or certified real estate appraiser in the performance of an appraisal, if he or she registers with the Board as a Appraiser Trainee, complies with the registration and practice requirements established by the Board by regulation, and is actively and personally supervised by the licensed or certified real estate appraiser. Any appraisal report rendered in connection with the appraisal and drafted by the appraisal trainee shall be reviewed and signed by the licensed or certified real estate appraiser.” Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect. § 47–2853.154. Appraisal Education Fund. (a) There is established as a special fund the Appraisal Education Fund ("Fund"), which shall be administered by the Mayor in accordance with subsection (b) of this section. (a-1) The following revenue shall be deposited in the Fund: (1) All funds obtained from the appraisal education fund fee established by the Mayor; and (2) Civil penalties imposed by the Board or the Office of Administrative Hearings pursuant to this part. (b)(1) The funds deposited in the Fund shall be used by the Board for the purpose of raising the standards of practice and the competency of licensees by: (A) Promoting the advancement of education and research for the benefit of any licensee under this part; (B) Underwriting educational seminars, workshops, and any other similar form of educational project for the benefit of any licensee under this part; and (C) Contracting for particular education or other projects intended to further the purposes of this part. (2) The funds deposited in the Fund shall also be used by the Board to defray the expenses to discharge the administrative and regulatory duties as prescribed by this part. (c) The Board may establish minimum and maximum balances for the Fund, procedures for continuing and discontinuing assessing licensees, and rules for the implementation and operation of the Fund. (d) If a licensee fails to pay the appraisal education fee within the time prescribed by rule, his or her license shall be automatically suspended. The Board shall send a notice of the suspension, by certified mail, to the address of record within 5 days after the suspension. The license shall be restored only upon the actual receipt by the Mayor of the delinquent fee. (e)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time. (2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation. (June 16, 2006, D.C. Law 16-130, § 2(l), 53 DCR 4718; Dec. 6, 2025, D.C. Law 26-55, § 7075, 72 DCR 9825.) Emergency Legislation For temporary (90 days) amendment of this section, see § 7075 of Fiscal Year 2026 Budget Support Congressional Review Emergency Act of 2025 (D.C. Act 26-210, Nov. 24, 2025, 72 DCR 13514). For temporary (90 days) amendment of this section, see § 7075 of Fiscal Year 2026 Budget Support Emergency Act of 2025 (D.C. Act 26-146, Sept. 3, 2025, 72 DCR 9623). Temporary Legislation Section 2(m) of D.C. Law 16-101 added provisions to read as follows: “§ 47-2853.154. Appraisal Education Fund. “(a) There is established a fund designated as the Appraisal Education Fund (‘Fund’), which shall be separate from the General Fund of the District of Columbia and shall be used by the Board for the purpose of raising the standards of practice and the competency of licensees and certificate holders by: “(1) Promoting the advancement of education and research for the benefit of any person issued a license or certificate under this chapter; “(2) Underwriting educational seminars, workshops, and any other similar form of educational project for the benefit of any person issued a license or certificate under this chapter; “(3) Contracting for particular education or other projects intended to further the purposes of this chapter; and “(4) Defraying the expenses to discharge the administrative and regulatory duties as prescribed by this part; provided, that the Fund shall not be used to discharge the administrative and regulatory duties of any other District government agency, board, or commission, and shall be used solely to carry out the functions of this part. “(b) No revenues deposited into this continuing, nonlapsing fund may be obligated or spent in any year without a Congressional appropriation. Revenues in this continuing, nonlapsing special account that are carried over into a succeeding fiscal year may not be obligated or spent in the succeeding year without a new Congressional appropriation that permits such obligation or expenditure. “(c) Any person issued or renewing a license under this chapter shall pay, in addition to licensing and renewal fees established by the Mayor, a sum to be established by the Mayor for deposit into the Fund. “(d) Any civil penalties imposed by the Board or the Office of Administrative Hearings pursuant to this chapter shall be deposited in the Fund. “(e) The Board may, by regulation, establish minimum and maximum balances for the Fund, procedures for continuing and discontinuing assessing licensees, and other provisions relevant to the operation of the Fund. “(f) If a licensee fails to pay the amount assessed by the Mayor within the time prescribed by rule, his or her license shall be automatically suspended. The Board shall send a notice of the suspension, by certified mail, to the address of record within 5 days after the suspension. The license shall be restored only upon the actual receipt by the Mayor of the delinquent assessment. “(g) The Fund shall be continuing. Revenues deposited into the Fund shall not revert to the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this subchapter, subject to authorization by Congress in an appropriations act.” Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect. Part M. Real Estate Brokers. § 47–2853.161. Scope of practice for real estate brokers. For the purposes of this part, the term “real estate broker” means any person, firm, association, partnership, or corporation (domestic or foreign) which: (1) For a fee, commission, or other valuable consideration, lists for sale, or sells, exchanges, purchases, rents, or leases real property. A real estate broker may collect or offer to collect rent or income for the use of real estate, or negotiate a loan secured by a mortgage, deed of trust, or other encumbrance upon the transfer of real estate. A real estate broker may also engage in the business of erecting housing for sale and may sell or offer to sell that housing, or who as owner may sell or, through solicitation or advertising, offer to sell or negotiate the sale of any lot in any subdivision of land comprising 5 lots or more. This definition shall not apply to the sale of space for the advertising of real estate in any newspaper, magazine, or other publication; and (2) May employ real estate brokers, associate real estate brokers, real estate salespersons, property managers and resident managers. The real estate broker shall be held accountable for the day-to-day job-related activities of his or her employees. These activities include, but are not limited to, property management, leasing or renting of property, listing for sale, buying or negotiating the purchase or sale, or exchanging real estate or negotiating a loan on real property. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.161. § 47–2853.162. Eligibility requirements. An applicant for licensure as a real estate broker shall establish to the satisfaction of the Board of Real Estate that the applicant: (1) Meets all of the requirements for real estate salesperson under part N of this subchapter; and (2) Has been licensed and actively engaged in business as a real estate broker or salesperson in the District or elsewhere the 2 years immediately preceding the date on which the application for a real estate broker license is filed, or equivalent experience acceptable to the Board. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.162. § 47–2853.163. Certain representations prohibited. Unless licensed under this subchapter, no person shall assume or use the title or designation “real estate broker”, the abbreviation “R.E.B.”, or any other title designation, words, letters, abbreviations, sign, card, or device tending to indicate that the person is licensed as a real estate broker in the District. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.163. Part N. Real Estate Salespersons. § 47–2853.171. Scope of practice for real estate salespersons. For the purposes of this part, the term “real estate salesperson” means any person employed by a licensed real estate broker to manage or lease; rent or offer to lease or rent; list for sale, sell, or offer for sale; buy or offer to buy; negotiate the purchase or sale, or exchange of real estate; or to negotiate a loan on real estate. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.171. § 47–2853.172. Eligibility requirements. An applicant for licensure as a real estate broker shall establish to the satisfaction of the Board of Real Estate that the applicant: (1) Is able to read, write, and understand the English language; (2) Is a high school graduate or the holder of a high school equivalency certificate; (3) Has successfully completed a course of study prescribed by the Board at a school approved by the Board; (4) Has passed an examination or examinations given by or under direction of the Board or has passed any other examination acceptable to the Board; (5) Has not had an application for a real estate license denied, for reasons other than failure to pass the required examination or examinations, in the District or elsewhere within one year prior to the date on which the application is filed; (6) Has not had a real estate license suspended in the District or elsewhere, which suspension is still in effect on the date on which the application is filed; and (7) Has not had a real estate license revoked in the District or elsewhere within 3 years prior to the date on which his or her application is filed. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.172. § 47–2853.173. Certain representations prohibited. Unless licensed under this subchapter, no person shall assume or use the title or designation “real estate salesperson”, the abbreviation “R.E.S.”, or any other title designation, words, letters, abbreviations, sign, card, or device tending to indicate that the person is licensed as a real estate salesperson unless the person is licensed as a real estate salesperson in the District. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.173. Part O. Special Rules for Real Estate Brokers, Real Estate Salespersons, and Property Managers. § 47–2853.181. Exemptions from licensure requirement. Except as otherwise provided in this subchapter, nothing contained in this part shall be construed to apply to: (1) Receivers, referees, administrators, executors, guardians, conservators, trustees, or other persons appointed or acting under the judgment or order of any court while acting in that capacity, or attorneys-at-law in the ordinary practice of their profession, but these persons shall not be regularly engaged in the real estate business and shall not hold themselves out as real estate brokers, salespersons or property managers; (2) Any individual who, as an owner or lessor of real estate, shall perform any of the acts specified in this subsection, where the acts are performed in the regular course of, or incident to, the management of real estate, business and the investments therein owned by that individual; (3) Any trustee or auctioneer acting under authority of a power of sale in a mortgage, deed of trust, or similar instrument securing the payment of a bona fide debt; (4) Except for title companies, any bank, trust company, building and loan or savings and loan association, or insurance company, having a fiduciary interest such as a receiver, referee, administrator, executor, guardian, conservator or trustee, when the bank, trust company, building and loan or savings and loan association, or insurance company is so engaged; (5) Any person who is employed by a licensed real estate broker or property manager in a solely stenographic or clerical capacity and who does not perform, offer, agree, or attempt to perform, any of the activities specified in this subsection; (6) Any officer or employee of the United States or District government while performing his or her official duties, or any person, or employee thereof, who is employed on a contractual or other basis, by the United States or District government to make appraisals of real estate for real property tax or other government purposes; (7) Any person who, for a fee, commission, or other valuable consideration, identifies for another person, or provides any other information about, any rental unit available for rent; or (8) Any qualifying nonprofit housing organization as defined by §  47-3505(a). (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; June 16, 2006, D.C. Law 16-130, § 2(m), 53 DCR 4718.) Prior Codifications 1981 Ed., § 47-2853.181. Effect of Amendments D.C. Law 16-130, in par. (2), substituted “individual” for “person”. Emergency Legislation For temporary (90 day) amendment of section, see § 2(n) of Non-Health Related Occupations and Professions Licensure Emergency Act of 2006 (D.C. Act 16-255, January 26, 2006, 53 DCR 763). Temporary Legislation Section 2(n) of D.C. Law 16-101, in par. (2), substituted “natural person” for “person”. Section 4(b) of D.C. Law 16-101 provided that the act shall expire after 225 days of its having taken effect. § 47–2853.182. Transfer of license; change of status. (a) A license issued to a real estate broker, real estate broker or property manager shall not be transferred to another person. (b) A person licensed as a real estate broker may, upon written request to the Mayor, change his or her status from that of a real estate broker to that of a member, partner, trustee, or officer of a firm, franchise, partnership, association, or corporation, or to that of an associate real estate broker with a corporation, for any unexpired portion of his or her licensure term, upon the payment of the requisite fees required pursuant to this subchapter. (c) Any broker who wishes to change his or her status to that of an associate real estate broker shall notify the Board of Real Estate by certified mail. (d) For the purposes of this part, the term “associate real estate broker” means any person licensed under this subchapter as a broker who is employed by a real estate broker, franchise firm, association, business, or corporation, but who is not a partner, an officer or a principal broker within a licensed legal entity. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.182. § 47–2853.183. Licensure of real estate organizations. No real estate broker’s license shall be issued to any firm, franchise, partnership, association, or corporation unless the Mayor finds that: (1) The applicant is organized and exists pursuant to applicable District and federal laws; (2) Every person member, partner, trustee, or officer who is engaged in activities defined in this subsection is licensed under this subchapter; (3) Every employee who will render professional services holds a valid license or certificate issued by the Board; and (4) Every branch office is managed by a licensed real estate broker. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.183. § 47–2853.184. Place of business. (a) If a real estate broker maintains more than one place of business within the District, a duplicate license shall be issued to the broker for each office upon payment of the required fee. A copy of the license must be posted within each office. (b) Whenever a real estate broker changes the location of his or her principal place of business, or discontinues his or her business, he or she shall notify the Mayor within 15 days of the event, in writing, and return to the Mayor his or her license together with the licenses of all real estate salespersons employed by him or her. The Mayor shall issue a new license to the broker upon payment of the required fee. A salesperson shall be issued a new license upon reemployment and payment of the required fees. (c) Failure to notify the Mayor or to return the license as required by this section will result in immediate suspension of the license until the real estate broker has complied with the provisions of this section. (d) New licenses for the unexpired term may be issued by the Mayor upon written request by the applicant and the payment of the fees required pursuant to this subchapter. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.184. § 47–2853.185. Prohibited names. The Mayor may refuse to issue, renew, or transfer a license in a name that: (1) Is misleading or would constitute false advertising; (2) Implies a partnership, association, or corporation when a partnership, association, or corporation does not exist; (3) Includes the name of a salesperson; (4) Is in violation of law; (5) Is a name which has been used by any person whose license has been suspended; (6) Includes the name of a person not otherwise licensed; or (7) Is a name which is deceptively similar to a name used by any other licensee. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.185. § 47–2853.186. Automatic suspension of license through affiliation. (a) Whenever a real estate broker’s license has been suspended or revoked pursuant to this subchapter, all real estate salespersons employed by that real estate broker must mail their licenses to the Mayor within 15 days of the revocation or suspension. It shall be unlawful for the real estate salesperson to perform any of the acts specified in this subchapter from the date of revocation or suspension until he or she has been reemployed and a license has been reissued to him or her by the Mayor. (b) When a real estate salesperson is discharged or terminates his or her employment with a licensee, the licensee, within 15 calendar days, shall mail notification to the former employee that his or her license has been mailed to the Mayor. A copy of the notice to the real estate salesperson shall accompany the license when it is mailed to the Mayor. It shall be unlawful for any real estate salesperson to perform any of the acts specified in this subchapter, under authority of the license issued pursuant to this subchapter, from the date of discharge or termination until the time he or she is employed by another licensee and a license is reissued to him or her by the Mayor. (c) When a real estate salesperson is discharged by or terminates his employment with a licensee it shall be the duty of the real estate salesperson to notify the Mayor in writing within 15 days. It shall be unlawful for the real estate salesperson to perform any of the acts specified in this statute from the date of discharge or termination until he or she has been employed by another licensee and a license is reissued to him or her by the Mayor. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.186. § 47–2853.187. Effect of corporate, partnership, or association license revocation or suspension. In the event of the revocation or suspension of a license issued to a real estate firm, franchise, partnership, association, or corporation, the license issued to the principal real estate broker, or any member of a partnership or director or officer of an association or corporation, shall be summarily revoked or suspended by the Mayor, unless: (1) In a partnership, the connection with the member whose license has been revoked or suspended is severed within the time prescribed by the Mayor, and his or her participation in the partnership’s activities is terminated; or (2) In an association or corporation, the director or officer whose license has been revoked or suspended is discharged and he or she has no further participation in the association’s or corporation’s activities. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.187. Part P. Duties of Real Estate Brokers, Salespersons, and Property Managers. § 47–2853.191. Fiduciary duties when representing a seller. (a) A licensee engaged by a seller shall: (1) Perform in accordance with the terms of the brokerage relationship; (2) Promote the interests of the seller by: (A) Seeking a sale at the price and terms agreed upon in the brokerage relationship or at a price and terms acceptable to the seller; however, the licensee shall not be obligated to seek additional offers to purchase the property while the property is subject to a contract of sale, unless agreed to as part of the brokerage relationship or as the contract of sale so provides; (B) Presenting in a timely manner all written offers or counter-offers to and from the seller, even when the property is already subject to a contract of sale; (C) Disclosing to the seller material facts related to the property or concerning the transaction of which the licensee has actual knowledge; and (D) Accounting for in a timely manner all money and property received in which the seller has or may have an interest; (3) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the seller consents in writing to the release of such information; (4) Exercise ordinary care; and (5) Comply with all requirements of this section, all applicable fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section. (b) A licensee engaged by a seller shall treat all prospective buyers honestly and shall not knowingly give them false information. A licensee engaged by a seller shall disclose to prospective buyers all material adverse facts pertaining to the physical condition of the property which are actually known by the licensee. A licensee shall not be liable to a buyer for providing false information to the buyer if the false information was provided to the licensee by the seller and the licensee did not have actual knowledge that the information was false or act in reckless disregard of the truth. No cause of action shall arise against any licensee for revealing information as required by this section or applicable law. (c) A licensee engaged by a seller in a real estate transaction may, unless prohibited by law or the brokerage relationship, provide assistance to a buyer or potential buyer by performing ministerial acts. Performing such ministerial acts that are not inconsistent with part O and § 47-2853.197 shall not be construed to violate the licensee’s brokerage relationship with the seller unless expressly prohibited by the terms of the brokerage relationship, nor shall performing such ministerial acts be construed to form a brokerage relationship with such buyer or potential buyer. (d) A licensee engaged by a seller does not breach any duty or obligation owed to the seller by showing alternative properties to prospective buyers, whether as clients or customers, or by representing other sellers who have other properties for sale. (e) Licensees shall disclose brokerage relationships pursuant to the provisions of this section. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.191. § 47–2853.192. Fiduciary duties when representing a buyer. (a) A licensee engaged by a buyer shall: (1) Perform in accordance with the terms of the brokerage relationship; (2) Promote the interests of the buyer by: (A) Seeking a property at a price and terms acceptable to the buyer, but, the licensee shall not be obligated to seek other properties for the buyer while the buyer is a party to a contract to purchase property unless agreed to as part of the brokerage relationship; (B) Presenting in a timely manner all written offers or counteroffers to and from the buyer, even when the buyer is already a party to a contract to purchase property; (C) Disclosing to the buyer material facts related to the property or concerning the transaction of which the licensee has actual knowledge, provided that nothing in this section shall modify or limit in any way the provisions of § 42-1755(f); and (D) Accounting for in a timely manner all money and property received in which the buyer has or may have an interest; (3) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the buyer consents in writing to the release of such information; (4) Exercise ordinary care; and (5) Comply with all requirements of this section, all applicable fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section. (b) A licensee engaged by a buyer shall treat all prospective sellers honestly and shall not knowingly give them false information. No cause of action shall arise against any licensee for revealing information as required by this section or applicable law. In the case of a residential transaction, a licensee engaged by a buyer shall disclose to a seller the buyer’s intent to occupy the property as a principal residence. (c) A licensee engaged by a buyer in a real estate transaction may, unless prohibited by law or the brokerage relationship, provide assistance to the seller, or prospective seller, by performing ministerial acts. Performing such ministerial acts that are not inconsistent with part O, § 47-2853.197, and this section shall not be construed to violate the licensee’s brokerage relationship with the buyer unless expressly prohibited by the terms of the brokerage relationship, nor shall performing such ministerial acts be construed to form a brokerage relationship with the seller. (d) A licensee engaged by a buyer does not breach any duty or obligation to the buyer by showing properties in which the buyer is interested to other prospective buyers, whether as clients or customers, by representing other buyers looking at the same or other properties, or by representing sellers relative to other properties. (e) Licensees shall disclose brokerage relationships pursuant to the provisions of § 47-2853.193. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.192. § 47–2853.193. Fiduciary duties when representing a landlord of leased property. (a) A licensee engaged by a landlord to lease property shall: (1) Perform in accordance with the terms of the brokerage relationship; (2) Promote the interests of the landlord by: (A) Seeking a tenant at the price and terms agreed in the brokerage relationship or at a price and terms acceptable to the landlord; however, the licensee shall not be obligated to seek additional offers to lease the property while the property is subject to a lease or a letter of intent to lease under which the tenant has not yet taken possession, unless agreed as part of the brokerage relationship, or unless the lease or the letter of intent to lease so provides; (B) Presenting in a timely manner all written offers or counteroffers to and from the landlord, even when the property is already subject to a lease or a letter of intent to lease; (C) Disclosing to the landlord material facts related to the property or concerning the transaction of which the licensee has actual knowledge; and (D) Accounting for in a timely manner all money and property received in which the landlord has or may have an interest; (3) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the landlord consents in writing to the release of such information; (4) Exercise ordinary care; and (5) Comply with all requirements of this section, fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section. (b) A licensee engaged by a landlord to lease property shall treat all prospective tenants honestly and shall not knowingly give them false information. A licensee engaged by a landlord shall disclose to prospective tenants all material adverse facts pertaining to the physical condition of the property which are actually known by the licensee. A licensee shall not be liable to a tenant for providing false information to the tenant if the false information was provided to the licensee by the landlord and the licensee did not have actual knowledge that the information was false or act in reckless disregard of the truth. No cause of action shall arise against any licensee for revealing information as required by this section or applicable law. Nothing in this subsection shall limit the right of a prospective tenant to inspect the physical condition of the property. Nothing in this section shall modify or limit in any way the provisions of § 42-1755(f) [repealed]. (c) A licensee engaged by a landlord in a real estate transaction may, unless prohibited by law or the brokerage relationship, provide assistance to a tenant, or potential tenant, by performing ministerial acts. Performing such ministerial acts that are not inconsistent with part O of this subchapter shall not be construed to violate the licensee’s brokerage relationship with the landlord unless expressly prohibited by the terms of the brokerage relationship, nor shall performing such ministerial acts be construed to form a brokerage relationship with such tenant or potential tenant. (d) A licensee engaged by a landlord does not breach any duty or obligation owed to the landlord by showing alternative properties to prospective tenants, whether as clients or customers, or by representing other landlords who have other properties for lease. (e) Licensees shall disclose brokerage relationships pursuant to the provisions of this section. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.193. Section References This section is referenced in § 47-2853.192. § 47–2853.194. Fiduciary duties when representing a tenant. (a) A licensee engaged by a tenant shall: (1) Perform in accordance with the terms of the brokerage relationship; (2) Promote the interests of the tenant by: (A) Seeking a lease at a price and with terms acceptable to the tenant; however, the licensee shall not be obligated to seek other properties for the tenant while the tenant is a party to a lease or a letter of intent to lease exists under which the tenant has not yet taken possession, unless agreed to as part of the brokerage relationship, or unless the lease or the letter of intent to lease so provides; (B) Presenting in a timely fashion all written offers or counter-offers to and from the tenant, even when the tenant is already a party to a lease or a letter of intent to lease; (C) Disclosing to the tenant material facts related to the property or concerning the transaction of which the licensee has actual knowledge, provided that nothing in this section shall amend or limit in any way the provisions of § 42-1755(f) [repealed]; and (D) Accounting for in a timely manner all money and property received in which the tenant has or may have an interest; (3) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the tenant consents in writing to the release of such information; (4) Exercise ordinary care; and (5) Comply with all requirements of this section, fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section. (b) A licensee engaged by a tenant shall treat all prospective landlords honestly and shall not knowingly give them false information. No cause of action shall arise against any licensee for revealing information as required by this section or applicable law. (c) A licensee engaged by a tenant in a real estate transaction may provide assistance to the landlord or prospective landlord by performing ministerial acts. Performing such ministerial acts that are not inconsistent with subsection (a) of this section shall not be construed to violate the licensee’s brokerage relationship with the tenant unless expressly prohibited by the terms of the brokerage relationship, nor shall performing such ministerial acts be construed to form a brokerage relationship with the landlord or prospective landlord. (d) A licensee engaged by a tenant does not breach any duty or obligation to the tenant by showing properties in which the tenant is interested to other prospective tenants, whether as clients or customers, by representing other tenants looking for the same or other properties to lease, or by representing landlords relative to other properties. (e) Licensees shall disclose brokerage relationships pursuant to the provisions of this section. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.194. § 47–2853.195. Fiduciary duties of a property manager. (a) A licensee engaged to manage real estate shall: (1) Perform in accordance with the terms of the property management agreement; (2) Exercise ordinary care; (3) Disclose in a timely manner to the owner material facts of which the licensee has actual knowledge concerning the property; (4) Maintain confidentiality of all personal and financial information received from the client during the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential unless otherwise provided by law or the owner consents in writing to the release of such information; (5) Account for, in a timely manner, all money and property received in which the owner has or may have an interest; and (6) Comply with all requirements of this section, fair housing statutes and regulations, and all other applicable statutes and regulations which are not in conflict with this section. (b) Except as provided in the property management agreement, a licensee engaged to manage real estate does not breach any duty or obligation to the owner by representing other owners in the management of other properties. (c) A licensee engage to manage real estate may also represent the owner as seller or landlord if he or she enters into a brokerage relationship that so provides; in which case, the licensee shall disclose such brokerage relationships pursuant to the provisions of this section. (d) Prior to entering into any brokerage relationship provided for in this section, a licensee shall advise the prospective client of the type of brokerage relationship proposed by the broker, and the broker’s compensation, and whether the broker will share such salary or compensation with another broker who may have a brokerage relationship with another party to the transaction. (e) The brokerage relationships set forth in this section shall commence at the time that a client engages a licensee and shall continue until (1) completion of performance in accordance with the brokerage relationship; or (2) the earlier of (A) any date of expiration agreed upon by the parties as part of the brokerage relationship or in any amendments thereto; (B) any mutually agreed upon termination of the relationship; (C) a default by any party under the terms of the brokerage relationship; or (D) a termination as set forth in § 47-2853.197(4). (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.195. § 47–2853.196. General provisions governing disclosure of brokerage relationships. (a) Brokerage relationships shall have a definite termination date; however, if a brokerage relationship does not specify a definite termination date, the brokerage relationship shall terminate 90 days after the date the brokerage relationship was entered into. (b) Except as otherwise agreed to in writing, a licensee owes no further duties to a client after termination, expiration, or completion of performance of the brokerage relationship, except to account for all moneys and property relating to the brokerage relationship, and keep confidential all personal and financial information received from the client during the course of the brokerage relationship and any other information that the client requests during the brokerage relationship be maintained confidential, unless otherwise provided by law or the client consents in writing to the release of such information. (c) Upon having a substantive discussion about a specific property or properties with an actual or prospective buyer or seller who is not the client of the licensee, a licensee shall disclose any broker relationship the licensee has with another party to the transaction. The disclosure shall be made in writing at the earliest practical time, but in no event later than the time when specific real estate assistance is first provided, and shall be substantially in the form determined by the Board by regulation. (d) A licensee shall disclose to an actual or prospective landlord or tenant, who is not the client of the licensee, that the licensee has a brokerage relationship with another party or parties to the transaction. The disclosure shall be in writing and included in all applications for lease or in the lease itself, whichever occurs first. If the terms of the lease do not provide for disclosure, disclosure shall be made in writing no later than the signing of lease. This disclosure requirement shall not apply to lessors or lessees in single or multifamily residential units for lease terms of less than 2 months. (e) If a licensee’s relationship to a client or customer changes, the licensee shall disclose that fact in writing to all clients and customers already involved in the specific contemplated transaction. (f) Copies of any disclosures relative to fully executed purchase contracts shall be kept by the licensee for a period of 3 years as proof of having made disclosure, whether or not such disclosure is acknowledged in writing by the party to whom the disclosure was shown or given. (g) A licensee may act as a dual representative only with the written consent of all clients to the transaction. The written consent and disclosure of the brokerage relationship as required by this section shall be presumed to have been given as against any client who signs a disclosure as provided in this section. (h) The disclosure may be given in combination with other disclosures or provided with other information, but shall be substantially in the form determined by the Board by regulation. (i) No cause of action shall arise against a dual representative for making disclosures of brokerage relationships as provided by this section. A dual representative does not terminate any brokerage relationship by the making of any such allowed or required disclosures of dual representation. (j) In any real estate transaction, a licensee may withdraw, without liability, from representing a client who refuses to consent to a disclosed dual representation, thereby terminating the brokerage relationship with such client. Withdrawal shall not prejudice the ability of the licensee to continue to represent the other client in the transaction nor to limit the licensee from representing the client who refused the dual representation in other transactions not involving dual representation. (k) A principal or supervising broker may assign different licensees affiliated with the broker as designated representatives to represent different clients in the same transaction to the exclusion of all other licensees in the firm. Use of designated representatives shall not constitute dual representation if a designated representative is not representing more than one client in a particular real estate transaction; however, the principal or broker who is supervising the transaction shall be considered a dual representative as provided in this article. Designated representatives may not disclose, except to the affiliated licensee’s broker, personal or financial information received from the clients during the brokerage relationship and any other information that the client requests during the brokerage relationship be kept confidential, unless otherwise provided for by law or the client consents in writing to the release of such information. (l) Use of designated representatives in a real estate transaction shall be disclosed in accordance with the provisions of this section. Disclosure may be given in combination with other disclosures or provided with other information, but shall be substantially in the form determined by the Board by regulation. (m) The payment or promise of payment or compensation to a real estate broker or property manager does not create a brokerage relationship between any broker, seller, landlord, buyer or tenant. (n) No licensee representing a buyer or tenant shall be deemed to have a brokerage relationship with a seller, landlord, or other licensee solely by reason of using a common source information company. (o) A client is not liable for a misrepresentation made by a licensee in connection with a brokerage relationship, unless the client knew or should have known of the misrepresentation and failed to take reasonable steps to correct the misrepresentation in a timely manner, or the negligence, gross negligence, or intentional acts of any property manager, broker, or broker’s licensee. (p) A licensee who has a brokerage relationship with a client and who engages another licensee to assist in providing brokerage services to such client shall not be liable for a misrepresentation made by the other licensee, unless the licensee knew or should have known of the other licensee’s misrepresentation and failed to take reasonable steps to correct the misrepresentation in a timely manner, or the negligence, gross negligence, or intentional acts of the assisting licensee or assisting licensee’s licensee. (q) Clients and licensees shall be deemed to possess actual knowledge and information only. Knowledge or information between or among clients and licensees shall not be imputed. (r) The common law of agency relative to brokerage relationships in real estate transactions to the extent inconsistent with this section shall be expressly abrogated. (s) Nothing in this part shall limit the liability between or among clients and licensees in all matters involving unlawful discriminatory housing practices. (t) Except as expressly set forth in this subchapter, nothing in this part shall affect a person’s right to rescind a real estate transaction or limit the liability of a client for the misrepresentation, negligence, gross negligence, or intentional acts of such client in connection with a real estate transaction, or a licensee for the misrepresentation, negligence, gross negligence, or intentional acts of such licensee in connection with a real estate transaction. (u) The criminal penalties provided in § 42-1763 [repealed] shall not be applicable to violations of this section, which shall be civil and regulatory in nature. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.196. § 47–2853.197. Prohibited acts. In addition to those acts prohibited by other sections of this subchapter, a real estate broker, real estate salesperson or property manager may be subject to disciplinary action, and fines not to exceed $2,500 per violation, if he or she has: (1) Made any substantial misrepresentation; (2) Made any false promise of a character likely to influence, persuade, or induce; (3) Pursued a continued and flagrant course of misrepresentation, or made false promises through agents or salespersons, or advertisement or otherwise; (4) Acted, as a broker or salesperson, for more than one party in a transaction without the knowledge of all parties for whom he or she acted; (5) As a property manager, disclosed to a third party confidential information which would be injurious concerning the business or personal affairs of a client without prior written consent of the client, except as may be required or compelled by applicable law or rules; (6) Accepted a fee, commission, or other valuable consideration as a real estate salesperson for the performance of any of the acts specified in this subchapter from any person, except the broker under whose name he or she is or was licensed at the time the fee, commission, or other valuable consideration was earned; (7) As a property manager, failed to maintain accurate accounting records concerning the property managed for the client and failed to keep the records available for inspection by each client; (8) Represented or attempted to represent any real estate broker, other than the broker under whose name he or she is licensed, as a real estate salesperson without the express knowledge and written consent of the broker under whose name he or she is licensed; (9) Placed an advertisement in any publication, or used a sign or business card which was misleading or which constituted false advertising; (10) Failed, within a reasonable time, to account for or to remit any money, valuable document, or other property coming into his or her possession which belongs to others; (11) Demonstrated unworthiness or incompetency to act as a real estate broker and real estate salesperson so as to endanger the public interest; (12) While acting or attempting to act as agent or broker, purchased or attempted to purchase any business or real estate for himself or herself, either in his or her own name or by use of a straw party, without disclosing that fact to the party he or she represents; (13) Been guilty of any other conduct, whether of the same or of a different character from that prescribed in this section, which constituted fraudulent or dishonest dealing; (14) Used any trade name or insignia of membership in any real estate organization of which the licensee is not a member; (15) Disregarded or violated any provision of this subchapter, the rules issued pursuant to this subchapter, or the code of ethics adopted pursuant to this subchapter; (16) Guaranteed, authorized, or permitted any broker or salesperson to guarantee future profits which may result from the resale of real estate or a business or business opportunity, or the goodwill of any existing business; (17) Offered any property for rent or otherwise without the written consent of the owner or the owner’s authorized agent; (18) Offered any property or business for sale or rent or placed a sign on any real estate offering it for sale or for rent without the written consent of the owner or his or her authorized agent; (19) Made or accepted a listing contract to sell real estate or a business unless the contract is in writing and provides for a definite termination date which is not subject to prior notice from either party; (20) Failed to furnish a copy of any listing, sale, lease, or other contract relevant to a real estate or business transaction to all signatories thereof at the time of execution; (21) Accepted compensation from more than one party to a transaction without the knowledge and consent of all other parties to the transaction; (22) Failed to keep an escrow or trustee accounting of funds deposited with him or her relating to real estate and business transactions, and to maintain records for a period of 3 years, showing to whom the money belongs, the date of deposit, the date of withdrawal, to whom paid, and other pertinent information as the Board may require by regulation; the records to be made available to the Board on demand or upon written notice given to the depository; (23) Commingled escrow or trustee funds held by the licensee with his or her personal funds, other than a nominal amount necessary to keep active the escrow or trustee account; (24) Induced any party to a written agreement in a real estate or business sales transaction to break the agreement for the purpose of substituting a new agreement where the substitution is motivated by the personal gain of the concerned licensee; (25) As a property manager, refused or prevented, directly or indirectly, a prospective lessee inspection of residential real estate upon reasonable request and scheduling for inspections, for the purpose of reviewing, examining, or having a third party examine the real estate and the conditions of its fixtures; (26) Made any oral or written representations, at or prior to conveyance to a prospective lessee or residential real estate that repairs, renovations, improvements, installation, or additions will be made to the property after the conveyance unless all the representations are furnished in writing to the lessee at or prior to the conveyance of the premises; (27) Failed to advise the Board in writing within 15 days of the entry of any judgment against the licensee in a civil or criminal proceeding by a court of competent jurisdiction; (28) Failed, as a broker, to return immediately to the Mayor the license of a salesperson employed by the broker, wherein the salesperson has been discharged or has terminated his or her employment or affiliation with the broker; (29) Failed, as a salesperson, to place in the custody of the employing broker, as soon after receipt as is practicable, all money, valuable documents, or other property entrusted to him or her by any person dealing with him or her as the representative of the broker; (30) Accepted, offered, agreed, or attempted to accept, employment for a fee, commission, or other valuable consideration for appraising real estate or a business, contingent upon the reporting of a predetermined value; (31) Issued an appraisal report on real estate or a business in which the licensee has an undisclosed interest; (32) Violated, as determined by the Mayor or a court of competent jurisdiction, any provision of Chapter 14 of this title or the rules issued pursuant to that chapter; (33) Violated, as determined by the District of Columbia Commission on Human Rights, as established by Commissioner’s Order No. 71-224, effective July 8, 1971, the Mayor, or a court of competent jurisdiction, any provision of Unit A of Chapter 14 of Title 2 or the rules issued pursuant to that chapter, or failed to comply with an order of the District of Columbia Commission on Human Rights, as established by Commissioner’s Order No. 71-224, effective July 8, 1971, pursuant to that chapter; (34) Violated, as determined by the Department of Licensing and Consumer Protection, established by the Reorganization Plan No. 1 of 1983, effective March 31, 1983, the Mayor, or a court of competent jurisdiction, any provision of Chapter 39 of Title 28 of the District of Columbia Official Code, or the rules issued pursuant to that chapter, or failed to comply with an order of the Department of Licensing and Consumer Protection or its administrative law judge; (35) Made any oral or written representations, after or prior to conveyance, to a prospective buyer of a business or residential real estate that repairs, renovations, improvements, installations, or additions will be made to the business or real estate after the conveyance, or continued to act on behalf of a seller who made those representations, unless all the representations are furnished in writing to the buyer at least 5 days prior to the conveyance; (36) Entered into or became a party to any contract, agreement, or understanding, or in any manner whatsoever considered, combined, conspired, or acted with another or others: (A) To execute a deed or other instrument conveying real estate or a business of any interest therein situated in the District that is not a bona fide sale or transfer, but which is instead a simulated sale or transfer of the real estate, business, or interest therein executed for the purpose and with the intent of defrauding others or misleading others as to the value of the business, real estate or interest therein, and which does so mislead or defraud others, to their detriment; or (B) To execute a mortgage, deed of trust, or chattel mortgage upon any real estate, business, or interest therein situated in the District that does not represent security for a bona fide indebtedness, but which is a simulated transaction, executed for the purpose and with the intent of misleading or deceiving others as to the value of a business, real estate, or interest therein and which does mislead, deceive, or defraud others to their detriment; (37) Offered, gave, awarded, promised, used any method, scheme or plan, offering, giving, awarding or promising, free lots in connection with the sale or the offering for sale, or attempt to sell or negotiate the sale of any real estate, business, or interest therein, wherever situated, for the purpose of attracting, inducing, persuading, or influencing a purchaser or prospective purchaser; or offered, promised, or gave prizes of any name or nature for attendance at or participation in any sale of any real estate, business, or interest therein, by auction or otherwise including an owner of the real estate, business, or interest therein; (38) Knowingly paid a fee, commission, or compensation to anyone for the performance of any service or act within the District defined in this subchapter as the act of a real estate broker or real estate salesperson to any person who was not duly licensed at the time the service or act was performed. This subsection shall not apply to: (A) The payment of a referral fee by a real estate broker licensed under this subchapter to a nonresident cooperating real estate broker who is properly licensed in his or her own jurisdiction; or (B) The payment of a fee, commission, or other compensation for any service or act performed by the licensed real estate broker or licensed real estate salesperson made to any firm, franchise, partnership, association, corporation, or other business entity comprised solely of licensed real estate salespersons or licensed real estate brokers, exclusive of administrative and maintenance staff, at the direction of the licensed real estate broker or the licensed real estate salesperson; or (39) Knowingly prepared, distributed, or circulated, or caused the preparation, distribution, or circulation of, any false or misleading advertising in connection with the sale, exchange, purchase, lease, or rental of real estate or business. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 16, 2020, D.C. Law 23-75, § 2, 67 DCR 2486; Apr. 5, 2021, D.C. Law 23-269, § 501(bb)(12), 68 DCR 001490.) Prior Codifications 1981 Ed., § 47-2853.197. Section References This section is referenced in § 47-2853.191, § 47-2853.192, and § 47-2853.195. § 47–2853.198. Acts not required to be disclosed. Notwithstanding the possibility that a fact may have a psychological impact on a purchaser, lessee, or sublessee, it shall not be a material fact that must be disclosed in a real estate transaction, nor shall it be the basis for a cause of action against an owner of real property, a real estate broker, a real estate salesperson, a property manager, a lessee, or sublessee, that the following information was not disclosed to the purchaser, lessee, or sublessee: (1) An occupant of real property, at any time, was infected or was or is suspected to have been infected with a human immune deficiency virus; (2) An occupant of real property, at any time, has been diagnosed, was infected, or was suspected to have been diagnosed as having acquired immune deficiency syndrome or any other disease that has been determined by medical evidence to be highly unlikely to be transmitted through occupancy of property alone; or (3) The property, at any time, has been or was suspected to have been the site of a suicide, homicide, or other felony. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.198. Part Q. Refrigeration and Air Conditioning Mechanics. § 47–2853.201. Scope of practice for refrigeration and air conditioning mechanics. For the purposes of this part, the term “refrigeration and air conditioning mechanic” means a person who designs, installs, maintains or alters mechanical systems for refrigeration or air conditioning of any public or private building or vehicle. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.201. § 47–2853.202. Eligibility requirements. (a) An applicant to be an apprentice refrigeration and air conditioning mechanic shall be registered by the Mayor, without examination, upon providing such information as may be required by the Board of Industrial Trades and payment of appropriate fees. An apprentice refrigeration and air conditioning mechanic shall work only under the direct personal supervision and control of a licensed master mechanic. (b) An applicant for licensure as a master mechanic shall establish to the satisfaction of the Board of Industrial Trades that the applicant has been employed installing, maintaining, repairing and replacing refrigeration and air conditioning equipment systems larger than 25 compressor horsepower or the equivalent tons of refrigeration in the aggregate for a period of at least 5 consecutive years immediately preceding the date of application, as verified in writing by a master mechanic. (c) An applicant for licensure as a master mechanic limited shall establish to the satisfaction of the Board of Industrial Trades that the applicant: (1) Has been employed installing, maintaining, repairing and replacing refrigeration and air conditioning equipment systems less than 25 compressor horsepower or the equivalent tons of refrigeration in the aggregate for a period of at least 5 consecutive years immediately preceding the date of application, as verified in writing by a master mechanic, and (2) Have proof of chlor fluro carbon certification. (d)(1) The Board shall accept, in lieu of an examination, experience, or other requirements of test or skill established by the Board, a certificate from a national certifying organization certifying that the applicant: (A) Has completed the organization’s apprenticeship program; (B) Has passed the organization’s required examination; (C) Is designated by that organization as a journeyman refrigeration and air conditioning mechanic; and (D) Has not been disciplined or otherwise disqualified by the organization. (2) For the purposes of this subsection, the term “national certifying organization” shall include a nationally recognized trade organization, non-union sponsor, or labor union that is registered with the Bureau of Apprenticeship Training, the United States Department of Labor, or the District of Columbia Apprenticeship Council. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142; Apr. 23, 2013, D.C. Law 19-274, § 2(c), 60 DCR 2055.) Prior Codifications 1981 Ed., § 47-2853.202. Section References This section is referenced in § 47-2853.12. Effect of Amendments The 2013 amendment by D.C. Law 19-274 added (d). § 47–2853.203. Certain representations prohibited. Unless licensed in accordance with this subchapter, no person shall use the words or terms “air conditioning mechanic,” “refrigeration mechanic,” “licensed air conditioning mechanic,” “licensed refrigeration mechanic,” “master mechanic,” or any combination of those words to imply that the person is licensed to perform the services of a refrigeration and air conditioning mechanic in the District. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.203. Part Q-i. Detective and Security Services. § 47–2853.207. Definitions. For purposes of [this part], the term: (1) "Campus police officer" means an individual appointed under § 5-129.02 and subject to the requirements of Chapter 12 of Title 6A of the District of Columbia Municipal Regulations. (2) "Detective" or "detective agency" means and includes any person, firm, or corporation engaged in the business of, or advertising, or representing himself, or itself, as being engaged in the business of detecting, discovering, or revealing crime or criminals, or securing information for evidence relating thereto, or discovering or revealing the identity, whereabouts, character, or actions of any person or persons, thing or things. (3) "Security agency" means a person who conducts a business that provides security services. (4) "Security officer" means an individual appointed under § 5-129.02 and shall have the same meaning as provided in section 2100 of Title 17 of the District of Columbia Municipal Regulations. (5) "Security services" means any activity that is performed for compensation by a security officer or special police officer to protect an individual or property. (6) "Special police officer" means an individual appointed under § 5-129.02 and subject to the requirements of Chapter 11 of Title 6A of the District of Columbia Municipal Regulations. (Mar. 22, 2023, D.C. Law 24-333, § 5(d)(4), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the creation of this section by section 5(d)(4) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(d)(4) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the creation of this section by § 5(d)(4) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2853.208. Detective and security agencies; security services occupations. (a) It shall be unlawful for a person to engage in the business of operating, managing, or conducting a security agency or detective agency, for profit or gain, or to advertise or represent his or her business to that of a security agency or detective agency, or that of conducting, managing, or operating a detective agency or security agency, without first obtaining: (1) A public safety services license issued pursuant to § 47-2851.03; and (2) Approval from the Chief of Police. (b) In addition to the requirements of subsection (a), no person shall act as a campus police officer, private detective, or special police officer in the District of Columbia without first obtaining: (1) An occupational license issued by the Department of Licensing and Consumer Protection; and (2) Approval from the Chief of Police. (c) All laws that govern the Metropolitan Police force of the District of Columbia in the matters of persons, property, or money shall be applicable to all private detectives licensed under this section, and the detectives shall make like returns and dispositions of such matters as is required by existing law and the rules of the Mayor of the District of Columbia governing the Metropolitan Police Department. (d) The Director of the Department of Licensing and Consumer Protection is authorized and empowered to: (1) Issue civil penalties to a person who violates any provision of this section or the provisions of Chapter 21 of Title 17 of the District of Columbia Municipal Regulations pertaining to security agencies; and (2) Suspend or revoke the license of a private detective when such action is deemed advisable in the public interest. (e) Any occupational license fees collected pursuant to this section shall be deposited into the Occupations and Professions Licensing Special Account established pursuant to § 47-2853.11. (f) The Department may, through the promulgation of rules pursuant to subchapter 1 of Chapter 5 of Title 2, establish qualifications and fees for occupational licenses issued pursuant to this section, and establish civil penalties for violations of this section. (Mar. 22, 2023, D.C. Law 24-333, § 5(d)(4), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the creation of this section by section 5(d)(4) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(d)(4) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the creation of this section by § 5(d)(4) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Part R. Steam and Other Operating Engineers. § 47–2853.211. Scope of practice for steam and other operating engineers. (a) For the purposes of this part, the term “steam engineer” means a person who maintains, inspects and operates steam or hot water boilers, boiler room auxiliary equipment such as pumps, condensate and derating water tanks, blowdown tanks, burners, fuel systems, steam and gas turbines, steam pumps, air compressors, hot water heaters, boiler room electrical systems, chiller room or refrigeration equipment such as centrifugal chillers, reciprocating absorption chillers, air conditioning and refrigeration auxiliaries such as cooling towers, pumps and controls, electrical generators, appliances using gas, liquid fuel, solid fuel or waste heat. (b) The term “operating engineer” means a person who operates and maintains cranes, backhoes, bulldozers, air compressors, concrete pumps, derricks, clams or any construction heavy equipment used for hoisting, demolition, digging or earth moving. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.211. § 47–2853.212. Eligibility requirements. An applicant for licensure as a steam or other operating engineer shall establish to the satisfaction of the Board of Industrial Trades that: (1) For a steam engineer, the applicant has the requisite experience and knowledge to operate steam or hot water boilers for the class of licensure applied for, as determined by the Board of Industrial Trades by regulation; and (2) For an operating engineer, the applicant has the requisite experience and knowledge to operate heavy equipment of the class for which licensure is sought, as determined by the Board of Industrial Trades. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.212. § 47–2853.213. Certain representations prohibited. Unless licensed in accordance with this subchapter, no person may use the words or terms “steam engineer,” “licensed steam engineer,” “steam operating engineer,” “licensed steam operating engineer,” “operating engineer,” or “licensed operating engineer” to imply that the person is authorized to perform the services of a steam or other operating engineer in the District. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.213. Part R-i. Tour Guides. § 47–2853.217. Definitions. For purposes of this part, the term "tour guide" means a person who engages primarily in the business of guiding or directing people to any place or point of interest in the District.". (Mar. 22, 2023, D.C. Law 24-333, § 5(d)(5), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the creation of this section by section 5(d)(5) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(d)(5) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the creation of this section by § 5(d)(5) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. § 47–2853.218. Tour guides. (a) No person shall, for hire, guide or escort any person through or about the District of Columbia, or any part of the District, without first obtaining: (1) A entertainment services license issued pursuant to § 47-2851.03; (2) An occupational license for a tour guide issued by the Department of Licensing and Consumer Protection; and (3) Approval from the Chief of Police. (b) The Department may, through the promulgation of rules pursuant to Subchapter 1 of Chapter 5 of Title 2, establish qualifications and fees for occupational licenses issued pursuant to this section, and establish civil penalties for violations of this section. (Mar. 22, 2023, D.C. Law 24-333, § 5(d)(5), 70 DCR 1524.) Applicability Section 7286 of D.C. Law 25-217 amended section 9 of D.C. Law 24-333 making the creation of this section by section 5(d)(5) of D.C. Law 24-333 applicable as of October 1, 2025. Section 7286 of D.C. Law 25-217 provided that the amendments made to this section by Section 5(d)(5) of D.C. Law 24-333 shall apply as of October 1, 2025. Therefore those amendments have been implemented. Applicability of D.C. Law 24-333: § 9 of D.C. Law 24-333 provided that the creation of this section by § 5(d)(5) of D.C. Law 24-333 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Part S. Transitional Provisions. § 47–2853.221. Transfer of personnel, records, property, and funds. (a) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Architecture and the Board of Interior Designers are transferred to the Board of Architecture and Interior Designers established by this subchapter. (b) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Accountancy are transferred to the Board of Accountancy established by § 47-2853.06. (c) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Barber and Cosmetology are transferred to the Board of Barber and Cosmetology established by § 47-2853.06. (d) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the District of Columbia Plumbing Board, the District of Columbia Refrigeration and Air Conditioning Board, District of Columbia Steam and Other Operating Engineers Board, and the District of Columbia Electrical Board are transferred to the Board of Industrial Trades established by § 47-2853.06. (e) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the District of Columbia Board of Registration for Professional Engineers are transferred to the Board of Professional Engineering established by § 47-2853.06. (f) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Board of Appraisers are transferred to the Board of Real Estate Appraisers established by § 47-2853.06. (g) The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to the functions of the Real Estate Commission of the District of Columbia are transferred to the Board of Real Estate established by § 47-2853.06. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.221. § 47–2853.222. Service by members of abolished boards. Members of boards abolished by this subchapter shall serve as members of the successor boards to which their functions are transferred until the expiration of their terms or the appointment of their successors, whichever occurs first. In any case where there is no successor board, or where the activities of two or more boards have been combined, or where more than one member of a prior board or board is eligible for a single seat on a new board, the Mayor shall make the determination as to which member of the former board or board, if any, shall be seated on a new board. The determination of the Mayor shall be final and shall not be reviewable in any court. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.222. § 47–2853.223. Abatement of existing proceedings; previously enacted rules and orders. (a) No suit, action, or other judicial proceeding lawfully commenced by or against any board specified in this subchapter, or against any member, officer or employee of the board in the official capacity of the officer or employee, shall abate by reason of the taking effect of this subchapter, but the court or agency, unless it determines that survival of the suit, action, or other proceeding is not necessary for purposes of settlement of the question involved, shall allow the suit, action, or other proceeding to be maintained, with substitutions as to parties as are appropriate. (b) No disciplinary action against a person engaged in a profession or occupation regulated by this subchapter initiated by a professional or other administrative body or any other proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this subchapter, but the action or proceeding shall be continued with substitutions as to parties and officers or agencies as are appropriate. (c) Except as otherwise provided in this subchapter, all rules and orders promulgated by the boards abolished by this subchapter shall continue in effect and shall apply to their successor board until the rules or orders are repealed or superseded. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.223. § 47–2853.224. Transfers from former boards. The personnel, records, property, and unexpended balances of appropriations and other funds which relate primarily to former boards shall be transferred to the boards established by this subchapter. (Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.) Prior Codifications 1981 Ed., § 47-2853.224. Subchapter I-C. Trade Names. § 47–2855.01. Definitions. For the purposes of this subchapter: (1) “Business” means business as defined in § 47-2851.01(1) [now § 47-2851.01(1B)]. (2) “Department” means the Department of Licensing and Consumer Protection. (3) “Director” means the Director of the Department of Licensing and Consumer Protection. (4)(A) “Entity” means: (i) A business corporation; (ii) A nonprofit corporation; (iii) A general partnership, including a limited liability partnership; (iv) A limited partnership, including a limited liability limited partnership; (v) A limited liability company; (vi) A general cooperative association; (vii) A limited cooperative association; (viii) An unincorporated nonprofit association; (ix) A statutory trust, business trust, or common-law business trust; or (x) Any other person that has a legal existence separate from any interest holder of that person or the power to acquire an interest in real property in its own name. (B) The term “entity” does not include: (i) An individual; (ii) A testamentary or inter vivos trust with a predominately donative purpose, or a charitable trust; (iii) An association or relationship that is not a partnership under the rules set forth in § 29-602.02(c) or a similar provision of the law of another jurisdiction; (iv) A decedent’s estate; or (v) A government or a governmental subdivision, agency, or instrumentality. (5) “Executed” means the signing of a document by a person under penalties of perjury and in an official and authorized capacity on behalf of the person submitting the document to the Department. (6) “Person” means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal entity. (7) “Trade name” means a word or name, or any combination of a word or name, used by a person to identify the person’s business which: (A) Is not, or does not include, the true and real name of all persons conducting the business; or (B) Includes words which suggest additional parties of interest such as “company”, “and sons”, or “and associates”. (8) “True and real name” means: (A) The surname of an individual coupled with one or more of the individual’s other names, one or more of the individual’s initials, or any combination thereof; (B) The designation or appellation by which an individual is best known and called in the business community where that individual transacts business, if this is used as that individual’s legal signature; (C) The registered corporate name of a domestic corporation as filed with the Mayor; (D) The registered company name of a domestic and foreign limited liability company as filed by the Mayor; (E) The registered partnership name of a domestic limited partnership as filed with the Mayor; (F) The registered partnership name of a domestic and foreign limited liability partnership as filed by the Mayor; (G) The name of a general partnership which includes in its name the true and real names, as defined in subparagraphs (A) through (F) of this paragraph, of each general partner as required in § 47-2855.03; (H) The registered name of a domestic and foreign statutory trust as filed by the Mayor; (I) The registered name of a domestic and foreign limited cooperative association as filed by the Mayor; or (J) The registered name of a domestic and foreign general cooperative association as filed by the Mayor. (Apr. 20, 1999, D.C. Law 12-261, § 2005(b), 46 DCR 3142; Mar. 5, 2013, D.C. Law 19-210, § 4(b), 59 DCR 13171; Apr. 5, 2021, D.C. Law 23-269, § 501(bb)(13), 68 DCR 001490.) Prior Codifications 1981 Ed., § 47-2855.1. Effect of Amendments The 2013 amendment by D.C. Law 19-210 rewrote the section. Short Title Short title of title II of Law 12-261: Section 2001 of D.C. Law 12-261 provided that title II of the act may be cited as the “Business Regulatory Reform Act of 1998.” Editor's Notes Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012. § 47–2855.02. Registration required. (a) A person who carries on, conducts, or transacts business in the District of Columbia under any trade name shall register that trade name with the Department as follows: (1) A sole proprietorship or general partnership shall register by setting forth the true and real name or names of each person comprising the sole proprietorship or general partnership, the post office address or addresses of each person, and the name of the general partnership, if applicable. (2) A foreign or domestic limited partnership shall register by setting forth the limited partnership name as filed with the Mayor. (3) A foreign or domestic limited liability company shall register by setting forth the limited liability company name as filed with the Mayor. (4) A foreign or domestic for-profit or nonprofit corporation shall register by setting forth the corporate name as filed with the Mayor. (5) A domestic or foreign statutory trust shall register by setting forth the statutory trust name as filed by the Mayor. (6) A domestic or foreign limited cooperative association shall register by setting forth the association name as filed by the Mayor. (7) A domestic or foreign general cooperative association shall register by setting forth the association name as filed by the Mayor. (8) A domestic or foreign limited liability partnership shall register by setting forth the partnership name as filed by the Mayor. (b) The trade name application shall contain the following information: (1) The name of the person applying for the trade name; (2) The name of proposed trade name; (3) Name and address of the governor of the entity; and (4) The name and address of the registered agent if person is located outside the District of Columbia. (c) The trade name application shall be executed by: (1) The sole proprietor of a sole proprietorship; or (2) The governor of the entity or authorized person on behalf of the governor. (d) The trade name shall be distinguishable on the records of the Mayor from any: (1) Name of domestic or foreign filing entity as defined by Title 29. (2) Name that is reserved under § 29-103.03; (3) Name that is registered under § 29-103.04; (4) Another trade name registered under this chapter; or (5) The name of an agency or instrumentality of the United States or District of Columbia or another state or a subdivision thereof. (Apr. 20, 1999, D.C. Law 12-261, § 2005(b), 46 DCR 3142; Mar. 5, 2013, D.C. Law 19-210, § 4(c), 59 DCR 13171.) Prior Codifications 1981 Ed., § 47-2855.2. Effect of Amendments The 2013 amendment by D.C. Law 19-210 rewrote the section. Short Title Short title of title II of Law 12-261: See Historical and Statutory Notes following § 47-2855.01. Editor's Notes Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012. § 47–2855.03. Changes in registration; filing amendment. (a) An executed amendment to a registration shall be filed with the Department when a change occurs in any of the following: (1) The true and real name of a person conducting a business with a trade name registered under this subchapter; (2) The mailing address set forth on the trade name application or on a subsequently filed amendment; or (3) The registered agent’s information set forth on the application. (b) A notice of cancellation shall be filed with the Department when use of a trade name is discontinued. (c) A notice of cancellation, together with a new registration, shall be filed before conducting or transacting any business when: (1) An addition, deletion, or any change of person or persons conducting business under the registered trade name occurs; or (2) There is a change in the wording or spelling of the trade name. (d) No person carrying on, conducting, or transacting business under any trade name shall be entitled to maintain any suit in any of the courts of the District of Columbia until the person has properly completed the registration as provided for in this section. (e) Failure to complete this registration shall not impair the validity of any contract or act of such person or persons and shall not prevent such person or persons from defending any suit in any court of the District. (Apr. 20, 1999, D.C. Law 12-261, § 2005(b), 46 DCR 3142; Mar. 5, 2013, D.C. Law 19-210, § 4(d), 59 DCR 13171.) Prior Codifications 1981 Ed., § 47-2855.3. Section References This section is referenced in § 47-2855.01. Effect of Amendments The 2013 amendment by D.C. Law 19-210 substituted “trade name application” for “registration” in (a)(2); added (a)(3); and made related changes. Short Title Short title of title II of Law 12-261: See Historical and Statutory Notes following § 47-2855.01. Editor's Notes Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012. § 47–2855.04. Rules; fees. (a) The Mayor shall adopt rules as necessary to administer this subchapter. The rules may include the specifying of forms and the setting of fees for trade name registrations, amendments, searches, renewals, and copies of registration documents. (b) Fees set pursuant to subsection (a) of this section shall not exceed the actual cost of administering this title [subchapter]; provided, that (1) For expedited same-day service, there shall be a fee of $100 in addition to other fees required by statute or rule; (2) For expedited 3-day service, there shall be a fee of $50 in addition to other fees required by statute or rule. (Apr. 20, 1999, D.C. Law 12-261, § 2005(b), 46 DCR 3142; Mar. 3, 2010, D.C. Law 18-111, § 2041(d), 57 DCR 181.) Prior Codifications 1981 Ed., § 47-2855.4. Effect of Amendments D.C. Law 18-111 rewrote the section, which had read as follows: “The Mayor shall adopt rules as necessary to administer this subchapter. The rules may include the specifying of forms and the setting of fees for trade name registrations, amendments, searches, renewals, and copies of registration documents. Fees shall not exceed the actual cost of administering this subchapter.” Emergency Legislation For temporary (90 days) amendment of this section, see § 207(e) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235). For temporary (90 days) amendment of this section, see § 207(e) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598). For temporary (90 days) amendment of this section, see § 207(e) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045). For temporary (90 day) amendment of section, see § 2041(d) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234). For temporary (90 day) amendment of section, see § 2041(d) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). Temporary Legislation For temporary (225 days) amendment of this section, see § 207(e) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622). Short Title Short title of title II of Law 12-261: See Historical and Statutory Notes following § 47-2855.01. Delegation of Authority Delegation of Rulemaking Authority Pursuant to DC Law 12-261, the Business Regulatory Reform Act of 1998, see Mayor’s Order 2001-123, August 9, 2001 ( 48 DCR 7814). § 47–2855.05. Collection and deposit of fees. All fees collected by the Department under this subchapter shall be deposited with the D.C. treasurer and credited to the Corporate Recordation Fund (“Fund”) as defined in § 29-102.13. (Apr. 20, 1999, D.C. Law 12-261, § 2005(b), 46 DCR 3142; Mar. 5, 2013, D.C. Law 19-210, § 4(e), 59 DCR 13171.) Prior Codifications 1981 Ed., § 47-2855.5. Effect of Amendments The 2013 amendment by D.C. Law 19-210 substituted “Corporate Recordation Fund (“Fund”) as defined in § 29-102.13” for “master business license fund as defined in § 47-2851.13.” Short Title Short title of title II of Law 12-261: See Historical and Statutory Notes following § 47-2855.01. Editor's Notes Application of Law 19-210: Section 7 of D.C. Law 19-210 provided that the act shall apply as of January 1, 2012. Subchapter II. Clean Hands Before Receiving a License or Permit. § 47–2861. Definitions. For the purposes of this subchapter, the term: (1)(A) “Applicant” means: (i) An individual, business, or other entity that applies for the license or permit; and (ii) Any person that owns a majority interest in the business or other entity; provided, that this sub-subparagraph shall not apply to a majority interest in a publicly-traded corporation. (B) For the purposes of this paragraph, the term “majority interest” means: (i) In the case of a corporation, more than 50% of the total combined voting power of all classes of stock of the corporation or more than 50% of the total value of all of the corporation; (ii) In the case of a partnership, or entity treated as a partnership, more than 50% of the total interest in the capital or profits of a partnership or entity treated as a partnership; or (iii) In the case of a trust, more than 50% of the beneficial interest in a trust. (1A) “District government” means the Mayor, any executive branch or independent agency except the courts, the District of Columbia Water and Sewer Authority, or any board or commission other than the Alcohol Beverage Control Board. (1B) “District of Columbia Water and Sewer Authority service fees” or “service fees” means all fees or charges, including penalty and interest, billed by the District of Columbia Water and Sewer Authority. (2) “License” and “permit” means any license or permit issued by the District government, except that the terms “license” and “permit” shall not include: (A) Any license or permit required pursuant § 6-1401 et seq.; (B) Any license or permit determined by the Mayor to be necessary to secure, remove, or otherwise remedy an unsafe and hazardous condition that presents an immediate threat to public health or safety; or (C) Beginning on October 1, 2023, any operator's permit or identification card issued pursuant to §§ 50-1401.01 through 50-1405.01. (3) “Mayor” means the Mayor of the District of Columbia. (4) “Taxes” means any tax or fee, including any penalties or interest associated with such tax or fee, administered by the District of Columbia Department of Finance and Revenue or its successor agency. (May 11, 1996, D.C. Law 11-118, § 2, 43 DCR 1191; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Oct. 21, 2000, D.C. Law 13-183, § 2(b), 47 DCR 7062; Mar. 2, 2007, D.C. Law 16-192, § 1011(b), 53 DCR 6899; Sept. 21, 2022, D.C. Law 24-174, § 2, 69 DCR 009906.) Prior Codifications 1981 Ed., § 47-2861. Section References This section is referenced in § 25-301. Effect of Amendments D.C. Law 13-183 added at the end of par. (1) “or the District of Columbia Water and Sewer Authority”, and added par. (5). D.C. Law 16-192 rewrote par. (1); redesignated former par. (1A) as (1B); and added par. (1A). Prior to amendment, par. (1) read as follows: “(1) ”District government“ means the Mayor, any executive branch or independent agency excluding the courts, or any board or commission of the government of the District of Columbia or the District of Columbia Water and Sewer Authority.” Applicability According to the Office of the Budget Director, D.C. Law 24-174 is currently funded. Therefore, the amendment to this section made by D.C. Law 24-174 has been implemented. Applicability of D.C. Law 24-174: § 3 of D.C. Law 24-174 provided that the change made to this section by § 2(c) of D.C. Law 24-174 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 day) amendment of section, see § 1011(b) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068). For temporary (90 day) amendment of section, see § 1011(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845). For temporary (90 day) amendment of section, see § 1011(b) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165). Short Title Short title: Section 1010 of D.C. Law 16-192 provided that subtitle B of title I of the act may be cited as the Clean Hands Licensing Revision Act of 2006. References in Text Pursuant to the Office of the Chief Financial Officer’s “Notice of Public Interest” published in the April 18, 1997, issue of the District of Columbia Register ( 44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner’s Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc. § 47–2862. Prohibition against issuance of license or permit. (a) Notwithstanding any other provision of law except as set forth in subsection (a-1) of this section, the District government shall not issue or reissue a license or permit to any applicant for a license or permit if the applicant: (1) Owes the District more than $1,000 in outstanding fines, penalties, or interest assessed pursuant to the following acts or any regulations promulgated under the authority of the following acts, the: (A) Litter Control Administrative Act of 1985, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-801 et seq.); (B) Illegal Dumping Enforcement Act of 1994, effective May 20, 1994 (D.C. Law 10-117; D.C. Official Code § 8-901 et seq.); (C) [Repealed]. (D) Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.01 et seq.); (E) Department of For-Hire Vehicles Establishment Act of 1985, effective March 25, 1986 (D.C. Law 6-97; D.C. Official Code § 50-301.01 et seq.); or (F) [Repealed]. (2) Owes the District more than $1,000 in past due taxes; (3) Owes fines assessed to car dealers pursuant to § 50-1501.02(i); (4) [Repealed]. (5) Owes past due District of Columbia Water and Sewer Authority service charges or fees; (6) [Repealed]. (7) Owes the District, other than amounts owed to the Department of Motor Vehicles, more than $1,000 in outstanding fines, penalties, or interest; (8) Has failed to file required District tax returns; or (9) Owes the District any past due fines, penalties, or past due restitution on behalf of an employee due to a violation of Chapter 13 of Title 32, Chapter 1A of Title 32, Chapter 10 of Title 32, or Subchapter X-A of Chapter 2 of Title 2. (a-1) The Department of Motor Vehicles shall not issue or reissue a license or permit to any applicant if the applicant owes the District more than $100: (1) In outstanding fines, penalties, or interest assessed pursuant to the following acts or any regulations promulgated under the authority of the following acts: (A) [Chapter 23 of Title 50]; or (B) [Chapter 24 of Title 31]; (2) In parking fines or penalties assessed by another jurisdiction; provided, that a reciprocity agreement is in effect between the jurisdiction and the District; or (3) In vehicle conveyance fees, as that term is defined in § 50-2301.02(9). (b) For purposes of this section, if: (A) the amount of outstanding debt is subject to dispute, (B) the applicant has properly and timely appealed the infraction, assessment, tax, or basis for the alleged debt, and (C) the appeal is pending, then the outstanding debt shall not be cause for the District government to deny the issuance or reissuance of any license or permit pursuant to subsection (a) of this section. Nothing in this section shall be construed as allowing the nonpayment of any tax, fee, fine, penalty, or any other debt owed to the District government for which payment is required by other law. (c) A license or permit shall not be denied pursuant to subsection (a) of this section if the applicant has agreed to a payment schedule to eliminate the outstanding debt, the payment schedule has been agreed to by the District government, the applicant is complying with the payment schedule, and the payment schedule is otherwise permitted by law. (d) This section shall not apply to an application for a block party permit, an expedited block party permit, or a block party preauthorization permit pursuant to [Chapter 6A of Title 9, § 9-631 et seq.]. (May 11, 1996, D.C. Law 11-118, § 3, 43 DCR 1191; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 24, 1998, D.C. Law 12-81, § 59(j), 45 DCR 745; Oct. 21, 2000, D.C. Law 13-183, § 2(c), 47 DCR 7062; Apr. 27, 2001, D.C. Law 13-289, § 601, 48 DCR 2057; Apr. 8, 2005, D.C. Law 15-307, § 201, 52 DCR 1700; Mar. 2, 2007, D.C. Law 16-191, §§ 81, 94, 53 DCR 6794; Mar. 2, 2007, D.C. Law 16-192, §§ 1011(c), 1013, 53 DCR 6899; Mar. 14, 2007, D.C. Law 16-279, § 209(b), 54 DCR 903; Mar. 20, 2009, D.C. Law 17-303, § 2, 55 DCR 12803; Mar. 25, 2009, D.C. Law 17-353, § 164(a)(1), 56 DCR 1117; Sept. 20, 2012, D.C. Law 19-168, § 1054(b)(1), 59 DCR 8025; Oct. 23, 2012, D.C. Law 19-190, § 6, 59 DCR 10163; Dec. 24, 2013, D.C. Law 20-61, § 7192, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-157, § 5, 61 DCR 10157; June 22, 2016, D.C. Law 21-124, § 501(f), 63 DCR 7076; Sept. 18, 2024, D.C. Law 25-217, § 7202(a), 71 DCR 9990; Mar. 21, 2025, D.C. Law 25-312, § 5, 72 DCR 1085; Dec. 6, 2025, D.C. Law 26-55, § 7152, 72 DCR 9825.) Prior Codifications 1981 Ed., § 47-2862. Applicability of D.C. Law 20-223: Section 301(a) of D.C. Law 20-223 provided (1) that § 101 of the act shall apply for the tax year in which its fiscal effect has been included in an approved budget and financial plan; (2) that the Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification; and (3) that the Budget Director shall cause the notice of the certification to be published in the District of Columbia Register and that the date of publication of the notice of the certification shall not affect the applicability of § 101. Section References This section is referenced in § 25-301, § 47-2863, § 47-2865, § 47-2866, and § 50-1501.02. Effect of Amendments D.C. Law 13-183 added par. (5). D.C. Law 13-289, in subsec. (a), added par. (6). D.C. Law 15-307, in subsec. (a), added pars. (7), (8), and (9). D.C. Law 16-191, in subsec. (a), validated previously made technical corrections in pars. (5) to (7), and inserted “or” at the end of par. (8), and repealed par. (9) which had read as follows: “(9) Fines assessed to pursuant to the Taxicab and Limousine Commission Establishment Amendment Act of 2004, as approved by the Committee on Public Works and the Environment on December 6, 2004 (Committee print of Bill 15-1085).” D.C. Law 16-192, in subsec. (a), substituted “Notwithstanding any other provision of law except § 25-301(b), the District government shall not issue or reissue any license or permit to any applicant for a license or permit if the applicant has failed to file required District tax returns or” for “Notwithstanding any other provision of law, the District government shall not issue or reissue any license or permit to any applicant for a license or permit if the applicant”. D.C. Law 16-279 rewrote subsec. (a), which formerly read: “(a) Notwithstanding any other provision of law, the District government shall not issue or reissue any license or permit to any applicant for a license or permit if the applicant owes more than $100 in outstanding debt to the District as a result of: “(1) Fines, penalties, or interest assessed pursuant to Chapter 8 of Title 8; “(2) Fines or penalties assessed pursuant to Chapter 9 of Title 8; “(3) Fines, penalties, or interest assessed pursuant to Chapter 18 of Title 2; “(4) Past due taxes; “(5) Past due District of Columbia Water and Sewer Authority service fees; “(6) Fines or penalties assessed pursuant to Chapter 23 of Title 50; “(7) Parking fines or penalties assessed by another jurisdiction; provided, that a reciprocity agreement is in effect between the jurisdiction and the District; “(8) Fines assessed to car dealers pursuant to § 50-1501.02(i) ; “(9) Fines assessed to pursuant to the Taxicab and Limousine Commission Establishment Amendment Act of 2004, as approved by the Committee on Public Works and the Environment on December 6, 2004 (Committee print of Bill 15-1085).” D.C. Law 17-303, in subsec. (a), deleted “or” from the end of par. (4), substituted “; or” for a period at the end of par. (5), and added par. (6). D.C. Law 17-353, in subsec. (a)(1)(F), inserted a semicolon at the end. The 2012 amendment by D.C. Law 19-168 added (a)(7) and made related changes. The 2012 amendment by D.C. Law 19-190 added (d). The 2013 amendment by D.C. Law 20-61 added (a)(8) and made related changes. The 2015 amendment by D.C. Law 20-157 added (a)(9) and made related changes. Applicability Section 7195 of D.C. Law 26-55 amended Section 7 of D.C. Law 25-312, thus removing the applicability limitation. Therefore the amendments to this section by §5 of D.C. Law 25-312 have been implemented. Section 7195 of D.C. Act 26-210 amended Section 7 of D.C. Law 25-312, thus removing the applicability limitation. Therefore the amendments to this section by §5 of D.C. Law 25-312 have been implemented. Section 7195 of D.C. Act 26-146 amended Section 7 of D.C. Law 25-312, thus removing the applicability limitation. Therefore the amendments to this section by §5 of D.C. Law 25-312 have been implemented. Applicability of D.C. Law 25-312: § 7 of D.C. Law 25-312 provided that the amendment to this section by § 5 of D.C. Law 25-312 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 7195(a) of Fiscal Year 2026 Budget Support Congressional Review Emergency Act of 2025 (D.C. Act 26-210, Nov. 24, 2025, 72 DCR 13514). For temporary (90 days) amendment of this section, see § 7152 of Fiscal Year 2026 Budget Support Congressional Review Emergency Act of 2025 (D.C. Act 26-210, Nov. 24, 2025, 72 DCR 13514). For temporary (90 days) amendment of this section, see § 7195(a) of Fiscal Year 2026 Budget Support Emergency Act of 2025 (D.C. Act 26-146, Sept. 3, 2025, 72 DCR 9623). For temporary (90 days) amendment of this section, see § 7152 of Fiscal Year 2026 Budget Support Emergency Act of 2025 (D.C. Act 26-146, Sept. 3, 2025, 72 DCR 9623). For temporary (90 days) amendment of this section, see § 7202(a) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406). For temporary (90 day) amendment of section, see §§ 1011(c), 1013 of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068). For temporary (90 day) amendment of section, see § 1011(c), 1013 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845). For temporary (90 day) amendment of section, see §§ 13 and 20 of Finance and Revenue Technical Amendments Second Emergency Amendment Act of 2006 (D.C. Act 16-585, December 28, 2006, 54 DCR 340). For temporary (90 day) amendment of section, see §§ 1011(c), 1013 of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165). For temporary (90 day) amendment of section, see § 1054(b)(1) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) amendment of section, see § 1054(b)(1) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). For temporary (90 days) amendment of this section, see § 7192 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of this section, see § 7192 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 2(c) of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2014 (D.C. Act 20-544, Dec. 29, 2014, 62 DCR 243, 20 STAT 4458). For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Emergency Amendment Act of 2015 (D.C. Act 21-188, Oct. 27, 2015, 62 DCR 14224). For temporary (90 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-293, Jan. 27, 2016, 63 DCR 1215). Temporary Legislation For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2014 (D.C. Law 20-240, March 13, 2015, 62 DCR 1332). For temporary (225 days) repeal of D.C. Law 20-157, § 7, see § 4 of the Wage Theft Prevention Correction and Clarification Temporary Amendment Act of 2015 (D.C. Law 21-57, Jan. 30, 2016, 62 DCR 15602). Short Title Section 7191 of D.C. Law 20-61 provided that Subtitle S of Title VII of the act may be cited as the “Clean Hands Act of 2013”. References in Text The Taxicab and Limousine Commission Establishment Amendment Act of 2004 (Bill 15-1085), referred to in subsec. (a)(9), was never approved by the committee and after December 31, 2004, has no possibility of enactment. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013. Applicability of D.C. Law 20-157: Section 7 of D.C. Law 20-157 provided that the act shall apply as of October 1, 2014, and that the act shall apply to violations occurring after October 1, 2014. § 47–2863. Self-certification and enforcement (conditional). (a)(1) This subchapter shall be enforced by self-certification by the applicant for a license or permit, provided that the veracity of the self-certification may be investigated upon the initiative of the District government at any time. (2) At the time of application for a license or permit the applicant shall certify on a form provided by the District government that the applicant owes no outstanding debt to the District government as a result of any fine, fee, penalty, interest, or past due tax above the relevant thresholds as set forth in § 47-2862 unless said debt is subject to appeal in accordance with § 47-2862(b) or has an established payment plan in accordance with § 47-2862(c). (3) Upon receipt of the applicant’s certification that the issuance of the license or permit is not prohibited by this subchapter, the District government shall consider the application as otherwise provided by law, unless the government has information indicating that the applicant has not paid an outstanding debt under § 47-2862. (b) Upon the implementation of the interagency computer system required by § 47-2866(a)(1), this section shall expire. (May 11, 1996, D.C. Law 11-118, § 4, 43 DCR 1191; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 2, 2007, D.C. Law 16-192, § 1011(d), 53 DCR 6899; Mar. 14, 2007, D.C. Law 16-279, § 209(c), 54 DCR 903; Mar. 25, 2009, D.C. Law 17-353, § 164(a)(2), 56 DCR 1117; Sept. 18, 2024, D.C. Law 25-217, § 7202(b), 71 DCR 9990.) Prior Codifications 1981 Ed., § 47-2863. Section References This section is referenced in § 25-402, § 25-405, § 47-2866, and § 50-1501.02. Effect of Amendments D.C. Law 16-192 redesignated former subsecs. (a), (b), and (c) as pars. (1), (2), and (3) of subsec. (a); and added subsec. (b). D.C. Law 16-279 rewrote subsec. (a)(3) redesignated from subsec. (c) by Law 16-192, which formerly read: “(c) Upon receipt of the applicant’s certification that the issuance of the license or permit is not prohibited by this subchapter, the District government shall proceed to consider the application as otherwise provided by law.” D.C. Law 17-353 validated a previously made technical correction in subsec. (a)(3). Emergency Legislation For temporary (90 days) amendment of this section, see § 7202(b) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406). For temporary (90 day) amendment of section, see § 1011(d) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068). For temporary (90 day) amendment of section, see § 1011(d) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845). For temporary (90 day) amendment of section, see § 1011(d) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165). § 47–2864. Penalties. (a) If the District government determines at any time that an applicant knowingly falsified the certification required by this subchapter, the District government shall: (1) Proceed immediately to revoke each license or permit, the application for which contains such a falsified certification; and (2) Fine the applicant $1,000 for each false certification. (b) The penalties prescribed by this section shall be applicable only after the applicant is afforded an opportunity for a hearing by the agency which ordinarily would hold a hearing on a revocation of the affected license or permit, and these penalties shall be in addition to any other penalties available by law. (c) Nothing in this subchapter shall preclude an applicant from submitting a new application for a license or permit. (May 11, 1996, D.C. Law 11-118, § 5, 43 DCR 1191; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575.) Prior Codifications 1981 Ed., § 47-2864. Section References This section is referenced in § 47-2865. § 47–2865. Remedies. (a) A person whose license or permit is revoked pursuant to § 47-2864 shall have the same remedy for appeal as otherwise provided by law for the revocation of that license or permit. (b) Nothing in this subchapter shall be construed as granting a new or separate right of appeal on the merits or validity of fines or penalties, or past due taxes, and any appeal of a denial or revocation pursuant to this subchapter shall not consider the merits or validity of the outstanding debt to the District. (c) Any person whose application is denied pursuant to § 47-2862 may request a hearing within 10 days of the denial on the basis for that denial. (May 11, 1996, D.C. Law 11-118, § 6, 43 DCR 1191; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 14, 2007, D.C. Law 16-279, § 209(d), 54 DCR 903.) Prior Codifications 1981 Ed., § 47-2865. Effect of Amendments D.C. Law 16-279 rewrote subsec. (a); and added subsec. (c). Prior to amendment, subsec. (a) read: “(a) An applicant whose application for a license or permit is either proposed for denial or revocation, or is denied or revoked, because of this subchapter, shall have the same remedy for appeal as otherwise provided by law for the denial or revocation of the affected license or permit.” § 47–2866. Interagency computer system and enforcement. (a)(1) Consistent with the Delinquent Debt Recovery Act of 2012, effective September 20, 2012 (subtitle E of title I of D.C. Law 19-168; 59 DCR 8025), the Chief Financial Officer shall implement an interagency computer system to enable government agencies, including the Department of Licensing and Consumer Protection, the Office of Tax and Revenue, and the Department of Public Works, to maintain and access up-to-date records of outstanding fines, fees, penalties, interest, taxes, or other charges that may be owed by applicants for licenses or permits from the District government. (2) At least 30 days prior to the implementation of the interagency computer system, the Chief Financial Officer shall notify the Council of the date of implementation. (b) Upon the implementation of the interagency computer system as required by subsection (a) of this section: (1) All agencies responsible for issuing licenses or permits shall utilize the interagency computer system containing records of outstanding fines, fees, penalties, interest, taxes, or other charges owing to the District government to determine whether the application for a license or permit should be denied pursuant to § 47-2862(a); (2) Self-certification authority shall no longer be authorized; and (3) Section 47-2863 shall expire. (c) For purposes of administering and enforcing any tax law in the District of Columbia, the Mayor may require any owner, occupant, or transferor of real property and any taxpayer to provide a social security number or other tax identification number on any return or in a form and manner as the Mayor prescribes. Any use or disclosure of these numbers shall be for tax administration and enforcement purposes only. (d) The Chief Financial Officer may promulgate such rules as may be necessary and appropriate to carry out provisions of this subchapter. (May 11, 1996, D.C. Law 11-118, § 7, 43 DCR 1191; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Mar. 2, 2007, D.C. Law 16-192, § 1011(e), 53 DCR 6899; Sept. 20, 2012, D.C. Law 19-168, § 1054(b)(2), 59 DCR 8025; Apr. 5, 2021, D.C. Law 23-269, § 501(bb)(14), 68 DCR 001490.) Prior Codifications 1981 Ed., § 47-2866. Section References This section is referenced in § 47-2863. Effect of Amendments D.C. Law 16-192 rewrote the section. The 2012 amendment by D.C. Law 19-168 substituted “Consistent with the Delinquent Debt Recovery Act of 2012, passed on 2nd reading on June 5, 2012 (Enrolled version of Bill 19-743), the Chief Financial Officer shall implement” for “On or before June 1, 2007, the Mayor shall implement” in (a)(1); and substituted “the Chief Financial Officer” for “the Mayor” in (a)(2). Emergency Legislation For temporary (90 day) amendment of section, see § 1011(e) of Fiscal Year 2007 Budget Support Emergency Act of 2006 (D.C. Act 16-477, August 8, 2006, 53 DCR 7068). For temporary (90 day) amendment of section, see § 1011(e) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2006 (D.C. Act 16-499, October 23, 2006, 53 DCR 8845). For temporary (90 day) amendment of section, see § 1011(e) of Fiscal Year 2007 Budget Support Congressional Review Emergency Act of 2007 (D.C. Act 17-1, January 16, 2007, 54 DCR 1165). For temporary (90 day) amendment of section, see § 1054(b)(2) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764). For temporary (90 day) amendment of section, see § 1054(b)(2) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). References in Text Pursuant to the Office of the Chief Financial Officer’s “Notice of Public Interest” published in the April 18, 1997, issue of the District of Columbia Register ( 44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner’s Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc. Subchapter III. Permit and License Application Forms. § 47–2881. Placement of Inspector General hotline in permit and license application forms. (a) In general. — Each District of Columbia permit or license application form printed after the expiration of the 30-day period which begins on the date of the enactment of this Act shall include the telephone number established by the Inspector General of the District of Columbia for reporting instances of waste, fraud, and abuse, together with a brief description of the uses and purposes of such number. (b) Quarterly reports on use of number. — Not later than 10 days after the end of such calendar quarter of each fiscal year (beginning with fiscal year 1998), the Inspector General of the District of Columbia shall submit a report to Congress on the number and nature of the calls received through the telephone number described in subsection (a) of this section during the quarter and on the waste, fraud, and abuse detected as a result of such calls. (Nov. 19, 1997, 111 Stat. 2185, Pub. L. 105-100, § 155; Apr. 20, 1999, D.C. Law 12-264, § 52(u), 46 DCR 2118; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 47-2881. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. References in Text “This Act,” referred to in (a), is the District of Columbia Appropriations Act, 1998, approved November 19, 1997, Pub. L. 105-100, 111 Stat. 2160. Subchapter IV. Other Licenses. Part A. Home Improvement Businesses. § 47–2883.01. Bonding of persons engaged in home improvement business; definitions. The Council of the District of Columbia is authorized, in connection with the licensing of persons engaged in the home improvement business, whether as principal, agent, salesman, employee, or otherwise, to require the furnishing of bond as a condition to the issuance of such license. For the purposes of this part, the term “home improvement business” means the repair, remodeling, alteration, conversion, or modernization of, or addition to, residential property, all as may be more particularly defined in regulations promulgated by the Council. Such bonding may be required notwithstanding the fact that a person may also be subject to the bonding requirements of any other law. (Sept. 6, 1960, 74 Stat. 815, Pub. L. 86-715, § 1; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-501. 1973 Ed., § 2-2301. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Cross References Regulation, modification, or elimination of license requirements, see § 47-2842. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(78) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2883.02. Bond requirements. (a) The Council of the District of Columbia may, from time to time, and in its discretion, establish classes and subclasses of persons licensed to engage in the home improvement business and specify the amount and conditions of the bond or other security acceptable to the Council to be deposited by each of the members of any such class or subclass. In connection with the licensing of persons to engage in the home improvement business, and the bonding of the members of any such class or subclass of such persons, the Council, in its discretion, may by regulation require applicants for licenses or licensees: (1) To furnish and keep in force a bond or bonds running to the District, or other security acceptable to the Council, to protect members of the public against financial loss by reason of the failure of the licensee or of any officer, agent, employee, salesman, or other person acting on behalf of said licensee, to observe any law or regulation in force in the District of Columbia applicable to the licensee’s conduct of the licensed business; (2) To procure and keep in force public liability insurance or property damage insurance, or both; and (3) To appoint the Mayor as their true and lawful attorney upon whom all judicial and other process or legal notice directed to such person may be served. (b) The bonds authorized by this section shall be corporate surety bonds in amounts to be fixed by the Council, but no bond shall exceed $25,000, and such bond shall be conditioned upon the observance by the licensee and any officer, agent, employee, salesman, or other person acting on behalf of said licensee, of all laws and regulations in force in the District applicable to the licensee’s conduct of the licensed business, for the benefit of any person who may suffer damages resulting from the violation of any such law or regulation by or on the part of such licensee or any officer, agent, employee, salesman, or other person acting on behalf of the licensee. (c) Any person aggrieved by the violation of any law or regulation applicable to the licensee’s conduct of the licensed activity shall have, in addition to his right of action against such licensee, a right to bring suit against the surety on a bond authorized by this section, either alone or jointly with the principal thereon, and to recover in an amount not exceeding the penalty of the bond any damages sustained by reason of any act, transaction, or conduct of the licensee, or of any officer, agent, employee, salesman, or other person acting on behalf of said licensee, which is in violation of law or regulation in force in the District relating to the licensed activity. The provisions of the second, third, and fifth paragraphs of subsection (b) of § 1-301.01 shall be applicable to each bond authorized by this section as if it were the bond authorized by the first paragraph of such subsection (b) of § 1-301.01; provided, that nothing in this subsection shall be construed to impose upon the surety on any such bond a greater liability than the total amount thereof or the amount remaining unextinguished after any prior recovery or recoveries. (Sept. 6, 1960, 74 Stat. 815, Pub. L. 86-715, § 2; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-502. 1973 Ed., § 2-2302. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(79, 80) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2883.03. Payment as defense to assertion of lien. In any case in which a property owner or occupant has entered into a contract with a person offering to perform or to arrange for the performance of home improvement work, and such property owner or occupant makes payment for such work to the person offering to perform or arrange for the performance of the same, proof of such payment shall constitute a defense against, and render void, any lien sought to be asserted under the authority of subchapter I of Chapter 3 of Title 40, and § 40-303.01. (Sept. 6, 1960, 74 Stat. 816, Pub. L. 86-715, § 3; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-503. 1973 Ed., § 2-2303. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2883.04. Penalty. Any person who shall violate any provision of this part or of any regulation promulgated by the Mayor under the authority of this part shall be guilty of a misdemeanor and shall be punished by a fine not more than the amount set forth in [§ 22-3571.01] or by imprisonment for not more than 90 days, or both. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this part, or any rules or regulations issued under the authority of this part, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this part shall be pursuant to Chapter 18 of Title 2. (Sept. 6, 1960, 74 Stat. 816, Pub. L. 86-715, § 4; Oct. 5, 1985, D.C. Law 6-42, § 433(a), 32 DCR 4450; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; June 11, 2013, D.C. Law 19-317, § 286(u), 60 DCR 2064.) Prior Codifications 1981 Ed., § 2-504. 1973 Ed., § 2-2304. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not exceeding $300”. Emergency Legislation For temporary (90 days) amendment of this section, see § 286(u) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). Editor's Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2883.05. Prosecutions to be conducted by Attorney General for the District of Columbia. Prosecutions for violations of this part, or of the regulations made pursuant thereto, shall be conducted in the name of the District by the Attorney General for the District of Columbia or any of his assistants. As used in this part, the term “Attorney General for the District of Columbia” means the attorney for the District, by whatever title such attorney may be known, designated by the Mayor to perform the functions prescribed for the Attorney General for the District of Columbia in this part. Adjudication of civil infractions shall be pursuant to Chapter 18 of Title 2. (Sept. 6, 1960, 74 Stat. 816, Pub. L. 86-715, § 5; Oct. 5, 1985, D.C. Law 6-42, § 433(b), 32 DCR 4450; Apr. 13, 2005, D.C. Law 15-354, § 74, 52 DCR 2638; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-505. 1973 Ed., § 2-2305. Effect of Amendments D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”. D.C. Law 19-171 enacted this subchapter into law. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2883.06. Authority and power of Mayor deemed supplementary. The authority and power vested in the Mayor by any provision of this part shall be deemed to be additional and supplementary to authority and power now vested in him, and not as a limitation. (Sept. 6, 1960, 74 Stat. 816, Pub. L. 86-715, § 6; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-506. 1973 Ed., § 2-2306. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2883.07. Severability. If any provision of this part or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or the application of this part which can be effected without the invalid provision or application, and to this end the provisions of this part are severable. (Sept. 6, 1960, 74 Stat. 816, Pub. L. 86-715, § 7; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-507. 1973 Ed., § 2-2307. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Part B. Pawnbrokers. § 47–2884.01. Definitions. As used in this part: (1) The term “person” means an individual, firm, voluntary association, joint-stock company, incorporated society, or corporation. (2) The term “District” means the District of Columbia. (3) The term “Mayor” means the Mayor of the District or the agent or agents designated by him to perform any function vested in the Mayor by this part; provided, that for the purposes of subsection (e) of § 47-2884.07 no such agent shall, by way of appeal, review his own action, decision, or ruling. (4) The term “pawnbroker” means any person who shall in any manner lend or advance money or other things for profit on pledge and possession of personal property or other valuable thing, other than securities or written or printed evidences of indebtedness or who deals in the purchasing of personal property or other valuable thing on condition of selling the same back again at a stipulated price, and shall include all pawnbrokers referred to in §§ 5-117.01, 5-117.02, and 5-117.03. (Aug. 6, 1956, 70 Stat. 1036, ch. 970, § 1; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-1901. 1973 Ed., § 2-2001. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2884.02. License required; display of sign or emblem. (a) No person shall engage in business as a pawnbroker except as authorized in this part and without first obtaining a license from the Mayor as hereinafter provided. (b) No person, other than a licensee under this part, shall display any sign or other device in or about any business premises, or in any advertising matter, which in any manner resembles the emblem or sign commonly used by pawnbrokers nor display any sign which is calculated to deceive, nor use the word ‘pawnbroker’ in or about any business premises or in any advertising matter, nor shall any such person hold himself out to the public to be a pawnbroker either by advertising, soliciting, signs, or otherwise. (Aug. 6, 1956, 70 Stat. 1036, ch. 970, § 2; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-1902. 1973 Ed., § 2-2002. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Government Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2884.03. Appointment of Mayor as attorney; application for license; cash capital; application fee; endorsement to master business license. (a) No license shall be issued to any person unless and until such person shall, in writing and in the form prescribed by the Mayor, appoint the Mayor as his true and lawful attorney upon whom all judicial and other process or legal notice directed to such person may be served. A copy of any such process or notice so served upon the Mayor shall be forthwith sent by registered mail by the plaintiff or his attorney to the defendant at his residence or his place of business. (b) Each application for a license under this part shall be in writing, under oath or affirmation, to the Mayor in such form as he may prescribe. Such application shall contain: (1) In the case of an individual, his name and the address of his residence and place of business; (2) In the case of a firm or voluntary association, the name and address of every member thereof and the address of the place where such business is to be conducted; (3) In the case of a joint-stock company, incorporated society, or corporation, the names and addresses of the officers and directors thereof and the address of the place where such business is to be conducted; and (4) Such additional information as the Council of the District of Columbia may prescribe. (c) Each applicant shall prove to the satisfaction of the Mayor that he has available, for use in the business of making loans authorized by this part at the location specified in his application, cash capital of at least $20,000. (d) Upon the filing of any such application the applicant shall pay to the Mayor the sum of $50 as a fee for investigating the application, which sum shall be retained by the District whether such application is approved or disapproved. (e) Any license issued pursuant to this part shall be issued as an Inspected Sales and Services endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter. (f) No license shall be issued to any person unless: (1) At least 30 days before the issuance of a license, all affected Advisory Neighborhood Commissions have been provided notice that a pawnbroker license application has been submitted to the Mayor; provided, that this paragraph shall not apply to applications for a renewal of a pawnbroker license; and (2) The opinions of all affected Advisory Neighborhood Commissions have been accorded great weight during deliberations to approve or deny the license application. (Aug. 6, 1956, 70 Stat. 1036, ch. 970, § 3; Apr. 20, 1999, D.C. Law 12-261,§ 2003(c), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(Y), 50 DCR 6913; Mar. 12, 2011, D.C. Law 18-315, § 4(a), 57 DCR 12412; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 7158(a), 60 DCR 12472.) Prior Codifications 1981 Ed., § 2-1903. 1973 Ed., § 2-2003. Section References This section is referenced in § 47-2884.05. Effect of Amendments D.C. Law 15-38, in subsec. (e), substituted “an Inspected Sales and Services endorsement to a basic business license under the basic” for “a Class A Inspected Sales and Services endorsement to a master business license under the master”. D.C. Law 18-315 added subsec. (f). D.C. Law 19-171 enacted this subchapter into law. The 2013 amendment by D.C. Law 20-61 substituted “30 days before” for “30 days prior to” in (f)(1); and substituted “opinions” for “opinion” in (f)(2). Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(Y) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). For temporary (90 days) amendment of this section, see § 7158(a) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of this section, see § 7158(a) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 7151 of D.C. Law 20-61 provided that Subtitle O of Title VII of the act may be cited as the “Tax Clarification Amendment Act of 2013”. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(70) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2884.04. Bond. (a) Each applicant shall file with his application a bond running to the District in the sum of $5,000 with 2 or more sufficient sureties, whose liability as such securities shall not exceed the said sum in the aggregate; except that the execution of any such bond by a fidelity or surety company authorized by the laws of the United States to transact business in the District shall be equivalent to the execution thereof by 2 sureties, but such company, if excepted to, shall justify in the manner required by law of fidelity and surety companies. Such bond shall be approved by the Mayor and conditioned upon the compliance by the applicant with all the provisions of this part and all rules and regulations lawfully made pursuant thereto. Any person injured by the noncompliance with any such provision, rule, or regulation by any licensee under this part may maintain a suit in his own name in any court of competent jurisdiction and recover on the bond such damages as shall be adjudged by such court together with costs of such suit. Recovery upon any such bond shall not preclude recovery against such licensee for any liability in excess of the amount recovered upon the bond, and such recovery shall not be held to extinguish any remedy under other law. (b) The bond or bonds which the licensee is required to file hereunder shall be renewed and refiled annually at the time of making payment of the annual license fee. If the Mayor shall find that any such bond has for any reason become insecure or exhausted, an additional bond in the sum of not more than $5,000 shall be filed by the licensee within 10 days after written demand therefor by the Mayor. (Aug. 6, 1956, 70 Stat. 1037, ch. 970, § 4; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-1904. 1973 Ed., § 2-2004. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2884.05. License—Issuance; fee; contents; display; transferability; change of place or business. (a) If the Mayor approves the bond filed by the applicant and the form of the application, and finds after investigation: (1) that the financial responsibility, experience, character, and general fitness of such applicant, and of the members thereof if the applicant is a firm or voluntary association, and of the officers and directors thereof if the applicant is a joint-stock company, incorporated society, or corporation are such as to command the confidence of the community and to warrant the belief that the business of the applicant will be operated honestly, fairly, and efficiently in accordance with the purposes of this part; (2) that permitting such applicant to engage in such business will promote the convenience and advantage of the community; and (3) that the applicant has available for use in such business at the location specified in the application cash capital of at least $20,000, the Mayor shall, upon payment by the applicant of a license fee of $800, issue to the applicant a license to make such loans in accordance with the provisions of this part at the location specified in such application; except that if any such license is issued after the 30th day of April of any year the fee for such license shall be $250. If the Mayor does not so find after investigation he shall notify the applicant thereof and return the bond filed with the application. Within 60 days from the date of filing the application for license, accompanied by the investigation fee and bond required by this part, the Mayor shall either issue or refuse to issue such license, but no applicant shall be denied a license until after a due hearing by the Mayor, at which the applicant shall have a reasonable opportunity to be heard and to produce evidence in support of his application. If the application be denied, the Mayor shall within 20 days thereafter prepare a written decision and findings with respect thereto containing a summary of the evidence and the reasons supporting the denial and forthwith serve upon the applicant a copy thereof. (b) Each license issued under this part shall state fully the name of the licensee and the place at which the business is to be conducted under such license. Such license shall be kept conspicuously posted in such place of business. No such license shall be transferable or assignable. Not more than 1 place of business shall be maintained under the same license, but the Mayor may issue more than 1 license to the same licensee upon compliance for each such license with all the provisions of this part applicable to the original issuance of licenses. Whenever a licensee shall desire to change his place of business to another location within the District he shall file an application for a new license in accordance with the provisions of § 47-2884.03. (c) No licensee shall transact such business or make any loan provided for by this part under any other name or at any other place of business than that named in the license. (Aug. 6, 1956, 70 Stat. 1037, ch. 970, § 5; Sept. 14, 1976, D.C. Law 1-82, title I, § 101(a), 23 DCR 2461; Mar. 12, 2011, D.C. Law 18-315, § 4(b), 57 DCR 12412; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 7158(b), 60 DCR 12472.) Prior Codifications 1981 Ed., § 2-1905. 1973 Ed., § 2-2005. Effect of Amendments D.C. Law 18-315, in subsec. (b), substituted “file an application for a new license in accordance with the provisions of § 47-2884.03” for “immediately give written notice thereof to the Mayor. Upon receipt of such notice the Mayor shall attach to the license a statement of the change of location and the date thereof, which shall be authority for the operation of such business under such license at the new location.” D.C. Law 19-171 enacted this subchapter into law. The 2013 amendment by D.C. Law 20-61 purported to substitute “file an application for a new license in accordance with the provisions of § 47-2884.03” for “immediately give written notice thereof to the Mayor. Upon receipt of such notice the Mayor shall attach to the license a statement of the change of location and the date thereof, which shall be authority for the operation of such business under such license at the new location” in (b), a substitution that had already been made by D.C. Law 18-315. Emergency Legislation For temporary (90 day) amendment of section, see § 2(a) of Predatory Pawnbroker Regulation and Community Notification Emergency Act of 2010 (D.C. Act 18-385, April 29, 2010, 57 DCR 3838). For temporary (90 days) amendment of this section, see § 7158(b) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of this section, see § 7158(b) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Temporary Legislation Section 2(a) of D.C. Law 18-200 added subsec. (a-1) to read as follows: “(a-1)(1) A license shall not be issued to an applicant unless: “(A) At least 30 days prior to the issuance of a license, all Advisory Neighborhood Commissions in the ward where the pawnbroker will be located shall be provided notice that a pawnbroker license application has been submitted to the Mayor; and “(B) All affected Advisory Neighborhood Commissions have been accorded great weight during deliberations to approve or deny the license application. “(2) This subsection shall not apply to applications for licensure renewal submitted by any pawnbroker licensed in accordance with this part as of April 1, 2010.”. Section 4(b) of D.C. Law 18-200 provided that the act shall expire after 225 days of its having taken effect. Short Title Section 7151 of D.C. Law 20-61 provided that Subtitle O of Title VII of the act may be cited as the “Tax Clarification Amendment Act of 2013”. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the Functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2884.06. License—Revocation; suspension; renewal; renewal fee; procedure; surrender. (a) Each license shall remain in full force and effect until the 1st day of November following the date of issuance unless sooner surrendered by the licensee or suspended or revoked as hereinafter provided. Application for license for the following year may be made by any licensee within 20 days prior to the 1st day of November. If the Mayor is satisfied that no fact or condition then exists which clearly would warrant the Mayor in refusing to issue a license on an original application the Mayor is authorized to issue license for the year commencing on the 1st day of November following the date of such application, upon payment of license fee of $550. (b) The Mayor shall, upon 10 days notice to the licensee stating that he contemplates the revocation or suspension of his license, and, in general, the grounds therefor, revoke or suspend such license, after reasonable opportunity has been afforded to the licensee to be heard, if the Mayor finds: (1) that the licensee has failed to maintain in effect the bond or bonds required under this part; or (2) that the licensee has either, knowingly or without the exercise of due care to prevent the same, violated any provision of this part or has failed to comply with any rule or regulation lawfully made pursuant thereto; or (3) that any fact or condition then exists which clearly would warrant the Mayor in refusing to issue a license on an original application. If the license be revoked or suspended the Mayor shall, within 20 days thereafter, prepare a written decision and findings with respect thereto containing a summary of the evidence and the reasons supporting the revocation or suspension and forthwith serve upon the licensee a copy thereof. (c) The Mayor may revoke or suspend only the particular license with respect to which there are grounds for revocation or suspension, but if the Mayor finds that such grounds for revocation or suspension apply or extend to more than 1 license issued to any person under this part, he shall revoke or suspend all the licenses affected thereby. (d) The licensee may at any time surrender any license issued to him under this part upon filing written notice to that effect with the Mayor. (e) No revocation, suspension, or surrender of any such license shall impair or affect the obligation of any preexisting lawful contract between the licensee and any borrower, or any bond given by such licensee. (Aug. 6, 1956, 70 Stat. 1038, ch. 970, § 6; Sept. 14, 1976, D.C. Law 1-82, title I, § 101(b), 23 DCR 2461; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-1906. 1973 Ed., § 2-2006. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Cross References Judicial review, see § 11-722. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2884.07. License—Enforcement of part; annual report; records of licensee; appeal of action, decision, or ruling of Mayor. (a) The provisions of this part shall be enforced by the Mayor, and the Council of the District of Columbia is authorized to make such rules and regulations in addition hereto and not inconsistent herewith, as may be necessary for the enforcement of this part. The Mayor shall make such examination and investigations of the affairs, business, office, and records of every licensee, and such further examinations or investigations as he shall deem necessary for the purpose of discovering violations of this part or of securing information necessary for its proper enforcement. For the purpose of making such examinations or investigations, the Mayor and his duly designated representatives shall have authority to require by subpoena the production of books, papers, and records and the attendance, and examination under oath, of all persons whomsoever whose testimony they may require relative to the loans or business of any such licensee, and shall have free access to the accounts, papers, records, files, safes, vaults, offices, and places of business used in connection with any business conducted under any license issued in accordance with this part. In the event of contumacy or refusal to obey any such subpoena or requirement under this section, the Mayor may make application to the Superior Court of the District of Columbia for an order requiring obedience thereto. Thereupon the Court, with or without notice and hearing, as it in its discretion may decide, may make such order as is proper and may punish as a contempt any failure to comply with such order. (b) Each licensee shall annually, on or before the 15th day of March, file with the Mayor a report giving such information as the Mayor may require, relevant to the business and operations during the preceding calendar year of each licensed place of business conducted by such licensee in the District. Such report shall be made under oath and in the form prescribed by the Mayor. The Mayor shall make and publish annually an analysis and recapitulation of such reports. (c) Each licensee shall keep and use in his business and shall preserve, for at least 3 years after making the final entry on any loan recorded therein, such books, accounts, records, or card systems as will enable the Mayor to determine whether such licensee is complying with the provisions of this part and with the rules and regulations made pursuant thereto. (d) The Mayor is authorized to appoint such assistants, clerks, or other employees as may be required for the purpose of carrying out the provisions of this part. (e) Any person aggrieved by any action, decision, or ruling of the Mayor under this part may, within 20 days thereafter, or within 20 days after the service upon such person of any written decision and findings required by this part, appeal to the Mayor for a review thereof. Upon any such review, the Mayor may affirm, set aside, or modify such action, decision, or ruling. In any such case the Mayor shall, within 10 days thereafter, prepare a written decision and findings with respect thereto, containing a summary of the evidence and the reasons supporting the affirmance, setting aside, or modification, and forthwith serve upon the aggrieved person a copy thereof. (Aug. 6, 1956, 70 Stat. 1039, ch. 970, § 7; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a), 164(m); Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-1907. 1973 Ed., § 2-2007. Section References This section is referenced in § 47-2884.01. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(71) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2884.08. Advertising; statement of rates. (a) No licensee or other person, firm, voluntary association, joint-stock company, incorporated society, or corporation shall advertise, print, display, publish, distribute, or broadcast, or cause or permit to be advertised, printed, displayed, published, distributed, or broadcast, in any manner whatsoever, any statement or representation with regard to the rates, terms, or conditions for the lending of money, credit, goods, or things in action in the amount or of the value of $1,000 or less, which is false, misleading, or deceptive, or, in the case of a licensee, which refers to the supervision of such business by the District of Columbia, or any department or official thereof. The Mayor may order any licensee to desist from any conduct which he shall find to be a violation of the foregoing provisions. (b) The Mayor may require that rates of charge, if stated by a licensee, be stated fully and clearly in such manner as he may deem necessary to prevent misunderstanding thereof by prospective borrowers. (Aug. 6, 1956, 70 Stat. 1040, ch. 970, § 8; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-1908. 1973 Ed., § 2-2008. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2884.09. Maximum rate of interest permitted; repayment of loan. (a) Beginning January 1, 2011, the maximum rate of interest which a pawnbroker may contract for, and receive, including fees, shall not exceed 5% per month, or fraction of the month, for the first 6 months of a loan, and 3% per month, or fraction of the month, thereafter; provided, that a pawnbroker may contract for, and receive, a minimum charge of $2 per month, or fraction of the month, in lieu of interest. (b) The borrower may pay all or any part of any loan made pursuant to this part at any time before the date of maturity thereof, but any such payment may first be applied by the licensee to all interest unpaid up to the date of such payment. (c) Once during each calendar year, a borrower shall have the right to rescind any pawn loan by the end of the same business day of the transaction. A $2 fee may be assessed by the licensee to offset the administrative cost of the rescission. (d) The Mayor shall investigate from time to time, but no more frequently than once every 3 years, the economic conditions and other factors relating to and affecting the business of making pawnbroker loans under this part and shall ascertain and report to the Council all pertinent facts necessary to determine what maximum rate of interest should be permitted. (Aug. 6, 1956, 70 Stat. 1040, ch. 970, § 9; Mar. 12, 2011, D.C. Law 18-315,§ 4(c), 57 DCR 12412; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 7158(c), 60 DCR 12472.) Prior Codifications 1981 Ed., § 2-1909. 1973 Ed., § 2-2009. Effect of Amendments D.C. Law 18-315 rewrote subsec. (a); and added subsecs. (c) and (d). D.C. Law 19-171 enacted this subchapter into law. The 2013 amendment by D.C. Law 20-61 purported to rewrite (a) and add (c) and (d); a substitution that had already been made by D.C. Law 18-315. Emergency Legislation For temporary (90 day) amendment of section, see § 2(b) of Predatory Pawnbroker Regulation and Community Notification Emergency Act of 2010 (D.C. Act 18-385, April 29, 2010, 57 DCR 3838). For temporary (90 days) amendment of this section, see § 7158(c) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of this section, see § 7158(c) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Temporary Legislation Section 2(b) of D.C. Law 18-200 amended subsec. (a) to read as follows: “(a)(1) The maximum rate of interest which a pawnbroker may contract for, and receive, including fees, shall not exceed 24% per annum; provided, that this subsection shall not apply to any pawnbroker licensed in accordance with this part as of April 1, 2010. “(2) The maximum rate of interest which a pawnbroker licensed in accordance with this part as of April 1, 2010 may contract for and receive shall be the same as permitted by section 8 of Article 41 of the Police Regulations, effective August 22, 1957 (C.O. 57-1638; 16 DCMR § 910).”. Section 4(b) of D.C. Law 18-200 provided that the act shall expire after 225 days of its having taken effect. Short Title Section 7151 of D.C. Law 20-61 provided that Subtitle O of Title VII of the act may be cited as the “Tax Clarification Amendment Act of 2013”. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(72) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2884.10. Excessive consideration prohibited; instruments for loans made in violation of part invalid; loans made outside of District. (a) No person, except as authorized by this part, shall directly or indirectly, by any device, subterfuge, or pretense, whatsoever, ask, demand, charge, contract for, or receive, or participate, as agent, broker, procurer, intermediary, or volunteer, or in any other capacity, in asking, demanding, charging, contracting for, or receiving any interest, discount, fee, charge, or other consideration which in the aggregate is greater than the interest which is permitted by §§ 28-3301 to 28-3303, upon any loan or application for loan in the amount or of the value of $1,000, or less, whether or not such loan is made. (b) No person engaged in the business regulated by this part shall pay, directly or indirectly, to any person, any money, service, or thing of value for the doing of any of the acts prohibited in subsection (a) of this section; provided, that this subsection shall apply only to acts done or performed with reference to loan transactions or applications for loans in sums of $1,000 or less, or in inducing or seeking to induce any person to borrow in sums of $1,000 or less. (c) No instrument evidencing a loan made within the District in violation of the provisions of this part shall be valid or enforceable in the District by the lender or by any other holder thereof who acquired the same with actual knowledge that said loan was made in violation of the provisions of this part or with knowledge of such facts that his action in taking such instrument amounted to bad faith. (d) Any loan made by any person not licensed under this part for which there has been charged, contracted for, or received a greater rate of interest, discount, or consideration than the interest which is permitted by §§ 28-3301 to 28-3303, and any loan made by a licensee under this part for which there has been charged, contracted for, or received a greater rate of interest, discount, or consideration than licensees are permitted to charge, contract for, or receive under this part is hereby declared to be against the public policy of the District. No such loan made outside the District shall be enforced in the District and every person in anywise participating therein in the District shall be subject to the provisions of this part, except that the provisions of this subsection shall not apply to a loan legally made in any state under and in accordance with the provisions of a duly enacted pawnbroker law. (Aug. 6, 1956, 70 Stat. 1041, ch. 970, § 10; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-1910. 1973 Ed., § 2-2010. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Editor's Notes Police regulations amended: Section 3 of D.C. Law 5-137 amended § 2 of Commissioners’ Order No. 57-1638 (Article 41 of the Police Regulations of the District of Columbia) concerning pawnbrokers’ maximum rates of interest, monthly charges instead of interest, and computation of interest and of the 6-month period after which a pledge may be sold. § 47–2884.11. Book containing loan transactions required; inspection of books; police to be admitted to premises; daily transcript. (a) Every pawnbroker shall keep a book in which shall be fairly written, at the time of each loan, an accurate account and description of the goods, article, or thing pawned or pledged, the amount of money loaned thereon, the time of pledging the same, the rate of interest to be paid on such loan, and the name and residence of the person pawning or pledging the said goods, article, or thing, together with a particular description of such person, including complexion, color of eyes and hair, and his or her height and general appearances. (b) The said book shall at all reasonable times be open to the inspection of the Mayor. It shall be the duty of every pawnbroker, and of every person in his employ, to admit to his premises during business hours any member of the Metropolitan Police force of the District of Columbia as aforesaid to examine any pledge or pawnbook or other record on the premises, as well as the articles pledged, purchased, or received, and to search for and take possession of any article known by him to be missing or known or believed by him to have been stolen, without the formality of the writ of search warrant or any other process, which search or seizure is hereby authorized. (c) Except as to any judicial or other official of the District, having a right thereto in his official capacity, it shall be unlawful for any officer or employee of the District to divulge or make known in any manner the contents of such book. (d) Every pawnbroker shall, every day, except Sunday, before the hour of 11:00 a.m., deliver to the Chief of Police, or his representative, on forms or via electronic means in a format prescribed by the Mayor, a legible and correct transcript from the book or books provided for in subsection (a) of this section, showing an accurate and complete description of every article or thing received by him, in pawn or pledge, and giving all numbers, marks, monograms, trademarks, manufacturers’ names, and other marks of identification appearing on the same, on the business day next preceding, together with the numbers of the pawn ticket issued therefor, the amount of the loan thereon, and the name, residence, and physical description of the person pawning or pledging the said goods, article or thing. (Aug. 6, 1956, 70 Stat. 1041, ch. 970, § 11; Mar. 12, 2011, D.C. Law 18-315, § 4(d), 57 DCR 12412; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 7158(d), 60 DCR 12472.) Prior Codifications 1981 Ed., § 2-1911. 1973 Ed., § 2-2011. Section References This section is referenced in § 47-2884.12. Effect of Amendments D.C. Law 18-315, in subsec. (d), substituted “on forms or via electronic means in a format prescribed by the Mayor” for “on forms to be prescribed by the Mayor of the District of Columbia”. D.C. Law 19-171 enacted this subchapter into law. The 2013 amendment by D.C. Law 20-61 purported to substitute “on forms or via electronic means in a format prescribed by the Mayor” for “on forms to be prescribed by the Mayor of the District of Columbia” in (d), a substitution that had already been made by D.C. Law 18-315. Emergency Legislation For temporary (90 days) amendment of this section, see § 7158(d) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of this section, see § 7158(d) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 7151 of D.C. Law 20-61 provided that Subtitle O of Title VII of the act may be cited as the “Tax Clarification Amendment Act of 2013”. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2884.12. Borrower to receive memorandum of loan transaction. Every pawnbroker shall, at the time of each loan, deliver to the person pawning or pledging any goods, article, or thing a memorandum or note, signed by him, containing the substance of the entry required to be made in his or her book by § 47-2884.11, excepting as to the description of the person and no charge shall be made or received by any pawnbroker for any such entry, memorandum, or note. (Aug. 6, 1956, 70 Stat. 1042, ch. 970, § 12; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-1912. 1973 Ed., § 2-2012. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2884.13. Sale of pawn or pledge—Required time of possession. No pawnbroker shall sell a pawn or a pledge until the pawn or the pledge has remained 6 months in the pawnbroker’s possession, unless by consent in writing by the pawner. (Aug. 6, 1956, 70 Stat. 1042, ch. 970, § 13; Mar. 13, 1985, D.C. Law 5-137,§ 2(a), 31 DCR 5743; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-1913. 1973 Ed., § 2-2013. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2884.14. Sale of pawn or pledge—Notice. At least 30 days before selling a pawn or a pledge, the pawnbroker shall send notice of the sale to the pawner by certified mail. Certificates of mailing of the notice shall be part of the pawnbroker business records required by this part to be kept. (Aug. 6, 1956, 70 Stat. 1042, ch. 970, § 14; Mar. 13, 1985, D.C. Law 5-137,§ 2(b), 31 DCR 5743; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-1914. 1973 Ed., § 2-2014. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2884.15. Sale of pawn or pledge—Disposition of surplus moneys. The surplus money from the sale, after deducting the amount of the loan, the interest then due on the loan, and the expenses of the notice and sale, shall be paid over by the pawnbroker to the person who would have been entitled to redeem the pledge had the sale not taken place. (Aug. 6, 1956, 70 Stat. 1042, ch. 970, § 15; Mar. 13, 1985, D.C. Law 5-137,§ 2(c), 31 DCR 5743; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-1915. 1973 Ed., § 2-2015. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2884.16. Penalties for violation of part; loan declared void; pledge returned. (a) Any individual or any member, officer, director, agent, or employee of any firm, voluntary association, joint-stock company, incorporated society, or corporation who shall violate or participate in the violation of any of the provisions of this part shall be punished by a fine of not more than the amount set forth in [§ 22-3571.01] or by imprisonment for not more than 90 days. (b) Any contract of loan in the making or collection of which any act shall have been done which constitutes a violation of any of the provisions of this part shall be void and the lender shall have no right to collect or receive any principal, interest, or charges whatsoever on account thereof. Any person pledging any goods, article, or other thing as security for a loan which is void shall be entitled to the return of such goods, article, or thing without being required to pay any principal, interest, or other charge on account of such void loan. (c) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this part, or any rules or regulations issued under the authority of this part, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this part shall be pursuant to Chapter 18 of Title 2. (Aug. 6, 1956, 70 Stat. 1042, ch. 970, § 16; Oct. 5, 1985, D.C. Law 6-42, § 439, 32 DCR 4450; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; June 11, 2013, D.C. Law 19-317, § 286(v), 60 DCR 2064.) Prior Codifications 1981 Ed., § 2-1916. 1973 Ed., § 2-2016. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. The 2013 amendment by D.C. Law 19-317 substituted “of not more than the amount set forth in [§ 22-3571.01]” for “of not more than $300” in (a). Emergency Legislation For temporary (90 days) amendment of this section, see § 286(v) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). Editor's Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013. § 47–2884.17. Rules and regulations. The Mayor, pursuant to [Chapter 5 of Title 2, § 2-501 et seq.], may issue rules to implement the provisions of this part. (Aug. 6, 1956, 70 Stat. 1043, ch. 970, § 17; Mar. 12, 2011, D.C. Law 18-315, § 4(e), 57 DCR 12412; Sept. 26, 2012, D.C. Law 19-171, §§ 122, 302, 59 DCR 6190; Dec. 24, 2013, D.C. Law 20-61, § 7158(e), 60 DCR 12472.) Prior Codifications 1981 Ed., § 2-1917. 1973 Ed., § 2-2017. Effect of Amendments D.C. Law 18-315 rewrote the section, which formerly read: “The Council of the District of Columbia is authorized to make, and the Mayor of the District of Columbia is authorized to enforce, such rules and regulations as the Council deems necessary to carry out the purposes of this part.” D.C. Law 19-171 enacted this subchapter into law; and substituted “this part” for “this act.” The 2013 amendment by D.C. Law 20-61 substituted “this part” for “this act”. Emergency Legislation For temporary (90 days) amendment of this section, see § 7158(e) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827). For temporary (90 days) amendment of this section, see § 7158(e) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311). Short Title Section 7151 of D.C. Law 20-61 provided that Subtitle O of Title VII of the act may be cited as the “Tax Clarification Amendment Act of 2013”. Editor's Notes Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(73) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2884.18. Exceptions to application of part. Nothing in this part shall apply to any person, firm, joint-stock company, incorporated society, credit union, or corporation doing business in the District of Columbia under the supervision of the Federal Reserve System, or the Comptroller of the Currency, or the Federal Deposit Insurance Corporation, or the Federal Home Loan Bank Board, or the Federal Savings and Loan Insurance Corporation, or the Department of Health and Human Services or to loans made by them. (Aug. 6, 1956, 70 Stat. 1043, ch. 970, § 18; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-1918. 1973 Ed., § 2-2018. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. References in Text The Federal Home Loan Bank Board, referred to in this section, was substituted for the Home Loan Bank Board pursuant to the Act of August 11, 1955, 69 Stat. 340, ch. 783, § 109. The Federal Home Loan Bank Board and the Federal Savings and Loan Insurance Corporation referred to in this section have been abolished. For provisions relating to the abolition of the Federal Savings and Loan Insurance Corporation and the Federal Home Loan Bank Board and the transfer of functions, personnel and property of such agencies, see § 401 to 406 of Pub. L. 101-73, set out as notes under 12 U.S.C. § 1437. The Department of Health and Human Services, referred to near the end of this section, was substituted for the Department of Health, Education and Welfare pursuant to the Act of October 17, 1979, 93 Stat. 695, Pub. L. 96-88, § 509. § 47–2884.19. Severability. If any provision of this part or the application thereof to any person or circumstances is held invalid, the remainder of the part, and the application of such provision to other persons or circumstances shall not be affected thereby. (Aug. 16, 1956, 70 Stat. 1043, ch. 970, § 20; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-1919. 1973 Ed., § 2-2019. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Part C. Pharmacy. § 47–2885.01. Purposes; scope. (a) The purposes of this part are: (1) To license pharmacies and pharmacists; (2) To register pharmacy interns; (3) To regulate the practice of pharmacy; and (4) To establish a Board of Pharmacy in the District of Columbia in order to protect the public health and welfare. (b) This part shall not apply to: (1) A duly licensed medical practitioner who personally dispenses or administers drugs or poisons as the practitioner deems proper in the treatment of the practitioner’s patients; (2) The administering of drugs by a registered or licensed nurse under the direction of a medical practitioner to the practitioner’s patient or patients; (3) Or otherwise interfere with the sale of over-the-counter drugs; or (4) Any person who is a wholesaler or manufacturer, or any employee of such person, when engaged in the discharge of his or her official duties. (c) Nothing in this part shall be construed as altering or affecting in any way laws of the District of Columbia or any federal act requiring a written prescription for controlled substances or other dangerous drugs. (Sept. 16, 1980, D.C. Law 3-98, § 2, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2001. Effect of Amendments Section 302 of D.C. Law 19-171 enacted this subchapter into law. Delegation of Authority Delegation of authority under D.C. Law 3-98, the “D.C. Pharmacist and Pharmacy Regulation Act of 1980”, see Mayor’s Order 91-47, April 8, 1991. Delegation of authority pursuant to D.C. Law 3-98, the “District of Columbia Pharmacist and Pharmacy Regulation Act of 1980”, see Mayor’s Order 98-48, April 15, 1998 ( 45 DCR 2693). § 47–2885.02. Definitions. For purposes of this part: (1) The term “Board” means the District of Columbia Board of Pharmacy established by the District of Columbia Health Occupations Revision Act of 1985. (2) The term “dispense” means to sell, distribute, leave with, give away, dispose of, prepare or deliver a drug. (3) The term “drug” means: (A) Any substance recognized as a drug, medicine, or medicinal chemical in the official United States Pharmacopoeia, official National Formulary, official Homeopathic Pharmacopoeia, or official Veterinary Medicine Compendium or other official drug compendium or any supplement to any of them; (B) Any substance intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animal; (C) Any chemical substance (other than food) intended to affect the structure or any function of the body of man or other animal; and (D) Any substance intended for use as a component of any items specified in subparagraph (A), (B), or (C) of this paragraph, but does not include medical devices or their components, parts, or accessories. (4) The term “labeling” means the process of affixing a label to any drug container, but does not include the labeling by a manufacturer, packer, or distributor of an over-the-counter drug, packaged legend drug, or medical device. (5) The term “Mayor” means the Mayor of the District of Columbia or the Mayor’s designated agent. (6) The term “medical device” means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar or related article, including any component, part, or accessory, which is: (A) Recognized in the official National Formulary, the official United States Pharmacopoeia, or any supplement thereto; (B) Intended for use in the diagnosis of disease or any other condition, or in the cure, mitigation, treatment, or prevention of disease in man or other animal; or (C) Intended to affect the structure or any function of the body of man or other animal, and which does not achieve any of its principal intended purposes through chemical action within or on the body of man or other animal, and which does not depend upon being metabolized for the achievement of any of its principal intended purposes. (7) The term “medicinal chemicals” means chemicals used in the treatment of illness or disease. (8) The term “over-the-counter drug” means drugs which may be sold without a prescription and which are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws and regulations of the District of Columbia and the federal government. (9) The term “person” means any individual, partnership, association, corporation, company, joint stock association, or any organized group of persons whether incorporated or not, or any trustee, receiver, or assignee thereof. (10) The term “pharmacist” means any person who is licensed in the District of Columbia to engage in the practice of pharmacy. (11) Repealed. (12) The term “pharmacy intern” means any person who is registered in the District of Columbia to engage in the practice of pharmacy under the direct supervision of a pharmacist. (13) The term “practice of pharmacy” means the practice defined in § 3-1201.02(11). (14) The term “practitioner” means a person licensed and permitted by such license (other than a pharmacist) to prescribe, to dispense, or to conduct research with respect to, or to administer, drugs within the course of such person’s professional practice or research. (15) Repealed. (16) The term “proprietor of a pharmacy” means a person designated as proprietor in an application for a pharmacy license under § 47-2885.08. The proprietor may be an individual, a corporation, a partnership, or an unincorporated association, and shall at all times own a controlling interest in the pharmacy. (17) The term “radiopharmaceuticals” means radioactive drugs and chemicals within the classification of legend drugs as defined under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) or regulations issued by the Mayor pursuant to this part. (Sept. 16, 1980, D.C. Law 3-98, § 3, 27 DCR 3528; Mar. 25, 1986, D.C. Law 6-99, § 1102(a), 33 DCR 729; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2002. Section References This section is referenced in § 48-701. Effect of Amendments Section 302 of D.C. Law 19-171 enacted this subchapter into law. References in Text The “District of Columbia Health Occupations Revision Act of 1985”, referred to in paragraph (1), is D.C. Law 6-99. § 47–2885.03. General prohibitions. (a)-(c)Repealed. (d) It shall be unlawful for any person to operate, maintain, open or establish a pharmacy within the District of Columbia without first having obtained a license or registration from the Mayor. (e) Repealed. (f) It shall be unlawful for any establishment or institution, or any part thereof, that does not provide services of the practice of pharmacy, as defined within this part, to use or have upon it, or displayed within it, or affixed to or used in connection with it, a sign bearing the word or words “pharmacy,” “apothecary,” “drugstore,” “druggist,” or any word or words of similar or like import which would tend to indicate that the practice of pharmacy is being conducted in the establishment or institution. (Sept. 16, 1980, D.C. Law 3-98, § 4, 27 DCR 3528; Mar. 25, 1986, D.C. Law 6-99, § 1102(b), 33 DCR 729; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2003. 1981 Ed., §§ 2-2004, 2-2005. Effect of Amendments Section 302 of D.C. Law 19-171 enacted this subchapter into law. Editor's Notes Section 302 of D.C. Law 19-171 enacted this subchapter into law. § 47–2885.04. Board of Pharmacy. [Repealed] Repealed. (Mar. 25, 1986, D.C. Law 6-99, § 1102(c), 33 DCR 729.) Prior Codifications 1981 Ed., §§ 2-2004, 2-2005. Editor's Notes Section 302 of D.C. Law 19-171 enacted this subchapter into law. § 47–2885.05. Licensing of pharmacists. [Repealed] Repealed. (Mar. 25, 1986, D.C. Law 6-99, § 1102(c), 33 DCR 729.) Prior Codifications 1981 Ed., §§ 2-2004, 2-2005. Editor's Notes Section 302 of D.C. Law 19-171 enacted this subchapter into law. § 47–2885.06. Registration of pharmacy interns. (a) To register as a pharmacy intern, a person shall establish to the satisfaction of the Board of Pharmacy that the applicant: (1) Is currently registered in and attending a duly accredited college or school of pharmacy or is a graduate of such college or school of pharmacy; and (2) Has provided such additional evidence as the Board has determined is necessary for the position of pharmacy intern; and (3) Has complied with the other standards required for registration by the Non-Health Related Professions and Occupations Licensure Act of 1998. (b) The Mayor may, by regulation, provide for the registration of pharmacy interns who obtain their practical experience outside of the District of Columbia. (c) Registration as a pharmacy intern may be renewed for successive periods of 1 year if the Mayor is satisfied that the applicant is in good faith and with reasonable diligence working toward his or her pharmaceutical degree or, if he or she has already received his or her degree, has been unable with reasonable diligence to accumulate the number of hours of service required by the Mayor. (Sept. 16, 1980, D.C. Law 3-98, § 7, 27 DCR 3528; Apr. 20, 1999, D.C. Law 12-261, § 1244, 46 DCR 3142; Apr. 12, 2000, D.C. Law 13-91, § 157(c), 47 DCR 520; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2006. Effect of Amendments D.C. Law 13-91 validated a previously made technical amendment. Section 302 of D.C. Law 19-171 enacted this subchapter into law. References in Text “The Non-Health Related Professions and Occupations Licensure Act of 1998,” referenced in (a)(3), is title I of D.C. Law 12-261. § 47–2885.07. Denial, suspension, or revocation of pharmacist’s license or pharmacy intern’s registration. [Repealed] Repealed. (Mar. 25, 1986, D.C. Law 6-99, § 1102(c), 33 DCR 729.) Prior Codifications 1981 Ed., § 2-2007. Editor's Notes Section 302 of D.C. Law 19-171 enacted this subchapter into law. § 47–2885.08. Licensing of pharmacies. (a) The application for a pharmacy license shall be made on a form to be prescribed by the Mayor and shall be accompanied by the required fee. The license shall be valid for a period of time to be determined by the Mayor. No license fee shall be required for the operation of a pharmacy by the United States government or by the District of Columbia government. (b) Application for renewal of a pharmacy license shall be made not later than 30 days before the expiration date of the license to avoid lapse. An additional fee for late filing not exceeding the amount of the renewal fee shall be established by the Mayor. (c) Each pharmacy license issued shall apply only to the operation of the pharmacy at the location for which it is issued. (d) A pharmacy license is not transferable. (e) Whether or not the proprietor of a pharmacy is a pharmacist, the pharmacy license shall be issued in the name of the proprietor. (f) When a pharmacy changes proprietorship, the license shall become void and shall be promptly surrendered to the Mayor, and a license shall be obtained by the new proprietor whether or not there is any change in the name of the pharmacy. (g) Any license issued pursuant to this section shall be issued as a Public Health: Pharmacy and Pharmaceuticals endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of this chapter. (Sept. 16, 1980, D.C. Law 3-98, § 9, 27 DCR 3528; Apr. 20, 1999, D.C. Law 12-261, § 2003(d), 46 DCR 3142; Oct. 28, 2003, D.C. Law 15-38, § 3(hh)(4)(Z), 50 DCR 6913; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2008. Section References This section is referenced in § 47-2885.02. Effect of Amendments D.C. Law 15-38, in subsec. (g), substituted “Public Health: Pharmacy and Pharmaceuticals endorsement to a basic business license under the basic” for “Class A Public Health: Pharmacy and Pharmaceuticals endorsement to a master business license under the master”. Section 302 of D.C. Law 19-171 enacted this subchapter into law. Emergency Legislation For temporary (90 day) amendment of section, see § 3(hh)(4)(Z) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896). § 47–2885.09. Operation of pharmacy. (a) A pharmacy shall be operated only by a licensed pharmacist. During all times when the pharmacy is open for business a pharmacist shall be on duty. The pharmacist on duty shall post his or her license in a conspicuous place during the time he or she is on duty. The hours that the pharmacy is open for business shall be conspicuously displayed on the outside of the pharmacy. (b) The pharmacist on duty shall control all professional aspects of the practice of pharmacy; any usurpation, in reference or impairment of the exercise of professional judgment of the pharmacist on duty by a nonpharmacist proprietor or personnel shall be deemed the practice of pharmacy and constitute a violation of this part. (c)(1) If only part of an establishment or institution is used as the pharmacy and if the pharmacy is not open to the public at the times when the rest of the establishment is open to the public, the pharmacy shall be securely enclosed so as to prevent unauthorized access to pharmacy areas and to prevent the diversion of drugs stored in pharmacy areas. (2) The pharmacy and any storage areas for prescription drugs outside of the pharmacy shall be substantially constructed. (3) All doors shall be capable of being securely locked, and access shall be restricted to pharmacists, the proprietor of the pharmacy, or persons authorized by a pharmacist with the consent of the proprietor. (4) The key or keys to areas are to be under the control or in the possession of the pharmacist on duty or the proprietor of the pharmacy. (d) Burglaries and damage to the pharmacy or its contents by fire, flood, or other causes shall be reported immediately to the Mayor. Neither drugs nor other merchandise shall be dispensed, sold, held for sale, or given away in any pharmacy damaged by fire, flood, or other causes until the Mayor has determined that the merchandise is not adulterated or otherwise unfit for sale, use, or consumption. Damaged premises shall be inspected by the Mayor to determine their continued suitability for pharmacy operations. (Sept. 16, 1980, D.C. Law 3-98, § 10, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2009. Effect of Amendments Section 302 of D.C. Law 19-171 enacted this subchapter into law. § 47–2885.10. Denial, suspension, or revocation of pharmacy license. (a) The Mayor may refuse the issuance or renewal, or may revoke, or may suspend for not more than 90 days, a license issued pursuant to this part for any 1 or a combination of the following reasons: (1) Conviction of an offense that is directly related to the occupation for which the license is held, pursuant to a determination made under § 47-2853.17(c-1)(2), or a finding by the Mayor that any provision of this part has been violated; (2) Furnishing false or misleading information to the Mayor, or failing to furnish information requested by the Mayor, or refusing to allow an inspection in accordance with this section and § 47-2885.16; or (3) Selling, or offering for sale, adulterated or misbranded drugs or devices. (b) The Mayor shall forthwith suspend a license issued pursuant to this part whenever the Mayor finds that the failure of a pharmacy to comply with any provision of this part or with any District of Columbia or federal law or regulation applicable to such pharmacy is of such a serious nature and magnitude that an imminent danger to the health or safety of the public is presented. In such a case, if a hearing is requested, such request or hearing shall not serve to stay the issuance of an order suspending the license. (Sept. 16, 1980, D.C. Law 3-98, § 11, 27 DCR 3528; May 16, 1995, D.C. Law 10-255, § 5, 41 DCR 5193; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Mar. 16, 2021, D.C. Law 23-205, § 4(k), 68 DCR 000769.) Prior Codifications 1981 Ed., § 2-2010. Effect of Amendments Section 302 of D.C. Law 19-171 enacted this subchapter into law. § 47–2885.11. Pharmacy personnel. (a)(1) No personnel working in any capacity, the activities of which include contact with any merchandise or drugs in a pharmacy or the care of dispensing, manufacturing, or storage facilities, who is affected by, or believed by the Mayor, upon reasonable grounds to be affected by, a communicable disease and no person who is or is believed by the Mayor, upon reasonable grounds, to be a carrier of a communicable disease shall actively engage in any work in a pharmacy. (2) No proprietor of any pharmacy or manager of any pharmacy shall intentionally permit any person who is, or is believed by the Mayor, upon reasonable grounds, to be, a carrier of a communicable disease to engage or continue to be engaged in any work in the pharmacy. (b) No person shall work in any capacity in a pharmacy if he or she: (1) Has the following conditions: boils, infectious wounds, sores, or an acute respiratory infection; (2) Is wearing unclean garments; (3) Is a chronic alcoholic as that term is defined in § 24-602; or (4) Does not follow hygienic work practices, including the washing of hands thoroughly before commencing work and as often as is necessary thereafter to remove soil and contamination. (Sept. 16, 1980, D.C. Law 3-98, § 12, 27 DCR 3528; May 10, 1989, D.C. Law 7-231, § 10, 36 DCR 492; Apr. 24, 2007, D.C. Law 16-305, § 73(g), 53 DCR 6198; Mar. 25, 2009, D.C. Law 17-353, § 172(e)(1), 56 DCR 1117; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2011. D.C. Law 16-305, in subsec. (b)(1), substituted “Has the following conditions” for “Is afflicted with”. Effect of Amendments D.C. Law 17-353, in subsec. (b)(1), inserted a colon following “conditions”. Section 302 of D.C. Law 19-171 enacted this subchapter into law. § 47–2885.12. Bulk sales or transfers. (a)(1) Bulk sales or transfers of drugs or medical devices shall not be made unless the Mayor is notified prior to the proposed transaction and the Mayor finds that the drugs or medical devices are fit for the use for which they were originally intended. For the purposes of this section, the term “bulk sales or transfers” shall mean the sale or transfer of the entire inventory, or any substantial part thereof, in any 1 transaction or in any merchandising effort referred to as an “auction sale,” a “bankruptcy sale,” “distress sale,” or a “closing-out sale”; but the term “bulk sales or transfers” shall not include transfers between stores having common ownership. (2) A sale of merchandise to a single customer having a value of $500 or more in any 1-week period shall be considered the sale of a substantial part of the inventory and as 1 transaction unless the sale constitutes the filling of a prescription, or results from a cooperative buying order. If drugs are acquired by such transactions in other jurisdictions, the Mayor shall be notified, and the drugs shall be officially inspected and released by the Mayor prior to sale or other disposition in the District. Bulk quantities of drugs may be transferred only to persons legally entitled to sell or dispense the drugs. (b) This section supplements and does not replace Chapter 21 of this title. (Sept. 16, 1980, D.C. Law 3-98, § 13, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2012. Effect of Amendments Section 302 of D.C. Law 19-171 enacted this subchapter into law. § 47–2885.13. Deteriorating drugs; sample drugs; returned drugs. (a) Drugs which may deteriorate shall at all times be stored under conditions specified on the label of the original container and in accordance with applicable District of Columbia or federal laws or regulations, and shall not be sold or dispensed after the expiration date designated on the label of the original container, and in accordance with applicable District of Columbia or federal laws or regulations. (b) Drugs designated “sample” shall not be sold. (c) A drug which has been returned after leaving the pharmacy shall not be placed in stock for reuse or resale, except manufacturer packaged unit dose or unit of use drugs which have been unopened and unaltered. (Sept. 16, 1980, D.C. Law 3-98, § 14, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2013. Effect of Amendments Section 302 of D.C. Law 19-171 enacted this subchapter into law. § 47–2885.14. Labeling of prescriptions. (a) All drugs shall be dispensed in a suitable container appropriately labeled for subsequent administration to or use by an individual entitled to the drug. Any drug dispensed, except to inpatients of a licensed hospital, shall include on the label of the container the name of the drug and the strength of the drug when applicable, unless otherwise directed by the prescribing practitioner, and the name, address and telephone number of the pharmacy filling the prescription, the prescription number, the date of issuance and the name of the prescriber, directions for use, the name of the individual for whom the prescription is written, and other information and labeling which may be required by any District of Columbia or federal laws or regulations. (b) If the drug contains, or is derived from opium, a label shall be affixed to the container in which such opioid medication is sold or dispensed stating that the drug is an opioid and that with opioids there is a risk of overdose and addiction. (Sept. 16, 1980, D.C. Law 3-98, § 15, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Mar. 16, 2021, D.C. Law 23-217, § 2, 67 DCR 14401.) Prior Codifications 1981 Ed., § 2-2014. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2885.15. Records. (a) There shall be maintained in every pharmacy, or in the establishment or institution where a pharmacy is located, a suitable book, file, or other easily retrievable record, in which shall be preserved for a period of not less than 2 years every prescription compounded or dispensed at said pharmacy. (b)(1) There shall be maintained a bound volume recording the information required by law or regulation concerning the over-the-counter sales of those drugs which are listed in schedule V established or amended pursuant to the federal Comprehensive Drug Abuse Prevention and Control Act of 1970 (21 U.S.C. § 801 et seq.). (2) There shall also be maintained a bound volume in which shall be entered similar information concerning each sale of: (A) Hypodermic syringes, needles, or other medical devices which may be used in the administration of controlled substances; (B) Gelatin capsules and glassine envelopes in quantities sufficient to indicate an intention to use such items in the distribution of controlled substances; and (C) Diluents or adulterants, such as lactose or quinine, in quantities sufficient to indicate an intention to use such substances for the illegal distribution or dispensing of any controlled substance. (c) The records required to be maintained by this section shall be available for inspection by the Mayor during regular business hours. (Sept. 16, 1980, D.C. Law 3-98, § 16, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2015. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2885.16. Inspections. (a) Persons designated by the Mayor shall be permitted, after presenting proper identification, to enter at reasonable times any pharmacy or drug outlet for the purpose of making inspections to determine compliance with this part or with other laws or regulations applicable to the practice of pharmacy. Persons designated by the Mayor shall be pharmacists for the purpose of making inspections to determine compliance with those sections of this part and other applicable laws and regulations regarding the practice of pharmacy as defined within this part. (b) This inspection may include, but shall not be limited to, the examination of the pharmacy’s records, including prescriptions, and the obtaining of information and samples pertaining to drugs on hand or dispensed. (Sept. 16, 1980, D.C. Law 3-98, § 17, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2016. Section References This section is referenced in § 47-2885.10. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2885.17. Peddling drugs prohibited. It shall be unlawful for any person to sell or offer for sale by peddling, or to offer for sale from house to house, or to offer for sale by public outcry, or by vending in the street, any drug, medicine, chemical, or controlled substance as defined in the District of Columbia Uniform Controlled Substances Act of 1981, or any compound or combination thereof, or any implement, appliance, or other agency for the treatment of disease, injury, or deformity; except, as may be otherwise authorized by law, no person shall throw, cast, deposit, drop, scatter, or leave, or cause to be thrown, cast, deposited, dropped, scattered, or left, any drug, medicine, chemical, or controlled substance as defined in the District of Columbia Uniform Controlled Substances Act of 1981, or any compound or combination thereof, upon any public highway or place, or, without the consent of the owner or occupant thereof, upon any premises in the District of Columbia. An offer for sale by peddling includes remaining or wandering about a public place and: (1) Repeatedly beckoning to, repeatedly stopping, repeatedly attempting to stop, or repeatedly attempting to engage passers-by in conversation; (2) Repeatedly stopping or attempting to stop motor vehicles; or (3) Repeatedly interfering with the free passage of other persons for the purpose of selling any controlled substance proscribed by the District of Columbia Uniform Controlled Substances Act of 1981. (Sept. 16, 1980, D.C. Law 3-98, § 18, 27 DCR 3528; Dec. 10, 1981, D.C. Law 4-57, § 4, 28 DCR 4652; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2017. Section References This section is referenced in § 47-2885.17a. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. References in Text The “District of Columbia Uniform Controlled Substances Act of 1981,” referred to throughout this section, is D.C. Law 4-29. § 47–2885.17a. Public place defined. For the purposes of § 47-2885.17, the term “public place” means any street, sidewalk, bridge, alley, plaza, park, driveway, parking lot, transportation facility, or the doorways and entrance ways to any building which fronts on any of these locations, or a motor vehicle in or on any such place. (Dec. 10, 1981, D.C. Law 4-57, § 2(2), 28 DCR 4652; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2017.1. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Editor's Notes The phrase “§ 47-2885.17” was substituted for “this act” near the beginning of this section for clarity. The act referred to was D.C. Law 4-57. § 47–2885.18. Duties of Mayor. (a) The Mayor shall: (1) Administer and enforce the provisions of this part; (2) Repealed; (3) Adopt and publish such regulations as may be necessary for the implementation of this part, including, but not limited to, regulations concerning the following: (A)-(C)Repealed; (D) The establishment of various classifications of pharmacies, including, but not limited to, retail, institutional, radio, or nuclear pharmacies; (E)-(G)Repealed; (H) Establishment of minimum standards for the operation of pharmacies, including the minimum requirements for technical equipment and professional reference materials; (I) The safe and proper storage, and maintenance of drugs, and the disposal of drugs; (J) The requirements to assure that pharmacies shall be clean, in good repair, well ventilated and illuminated, and equipped with the necessary dispensing facilities, and adequate facilities for the purposes of cleansing hands, equipment and utensils, and the premises therein; such facilities may be located in areas adjacent to the pharmacy where only part of an establishment or institution is used as the pharmacy; and (K) The establishment of regulations covering the storage and dispensing of radiopharmaceuticals. (b) Repealed. (Sept. 16, 1980, D.C. Law 3-98, § 19, 27 DCR 3528; Mar. 25, 1986, D.C. Law 6-99, § 1102(d), 33 DCR 729; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2018. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2885.19. Fees. (a) The initial fees shall be as follows: (1) Repealed; (2) pharmacy license, $85; (3) every person who sells over-the-counter preparations shall pay an annual license fee of $52. The fees referred to in this subsection shall be established in such amounts as will, in the judgment of the Mayor, approximate the costs to the District of Columbia government for administering this part. The Mayor is authorized to change the fees from time to time for any services rendered under this part; provided, that, the Mayor gives 30 days notice prior to changing such fees. (b) The Mayor is authorized after 30 days notice to establish and to change, as may be necessary, the expiration dates of licenses and registrations provided for in this part. Upon the change of an expiration date, the renewal fee for the licenses, or registrations, shall be prorated on the basis of the time covered. (Sept. 16, 1980, D.C. Law 3-98, § 20, 27 DCR 3528; Mar. 25, 1986, D.C. Law 6-99, § 1102(e), 33 DCR 729; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2019. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2885.20. Penalties; prosecutions; injunction. (a) Any person who violates any provision of this part shall be guilty of a misdemeanor and shall be punished by a fine of not more than the amount set forth in [§ 22-3571.01] or by imprisonment for not more than 6 months or both for each violation. (b) Prosecutions for violations of any provision of this part shall be conducted in the Superior Court of the District of Columbia, by the Attorney General for the District of Columbia. It shall be sufficient to prove in any prosecution or hearing under this part only a single act prohibited by law or a single holding out, or any attempt thereof, without proving a general course of conduct in order to constitute a violation. (c) In addition to the remedy set forth in this section, application may be made to a court having competent jurisdiction over the parties and subject matter for a writ of injunction or other civil remedy to restrain violations of the provisions of this part. Such application may be made by the Attorney General for the District of Columbia. (d) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this part, or any rules or regulations issued under the authority of this part, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2. (Sept. 16, 1980, D.C. Law 3-98, § 21, 27 DCR 3528; Oct. 5, 1985, D.C. Law 6-42, § 409, 32 DCR 4450; Apr. 13, 2005, D.C. Law 15-354, § 75(a), 52 DCR 2638; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; June 11, 2013, D.C. Law 19-317, § 286(w), 60 DCR 2064.) Prior Codifications 1981 Ed., § 2-2020. Effect of Amendments D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”. D.C. Law 19-171 enacted this subchapter into law. The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than $500” in (a). Emergency Legislation For temporary (90 days) amendment of this section, see § 286(w) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). Editor's Notes Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013. § 47–2885.21. Review. Any person aggrieved by an adverse action of the Mayor may file a request for a hearing with the Office of Administrative Hearings. The Office of Administrative Hearings shall provide the aggrieved person with an opportunity for a hearing and shall sustain, modify, or vacate such action by the Mayor as is appropriate in the case. Judicial review of the decision of the Office of Administrative Hearings shall be in accordance with [§ 2-1831.16]. (Sept. 16, 1980, D.C. Law 3-98, § 22, 27 DCR 3528; Apr. 13, 2005, D.C. Law 15-354, § 75(b), 52 DCR 2638; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2021. Effect of Amendments D.C. Law 15-354 rewrote the section which had read as follows: “Any person aggrieved by an adverse action of the Mayor may appeal to the Board of Appeals and Review established by Organization Order No. 112, dated August 15, 1955. The Board of Appeals and Review shall, in accordance with such Organization Order, and its rules of practice and procedure, provide the aggrieved person with an opportunity for a hearing and shall sustain, modify, or vacate such adverse action by the Mayor as is appropriate in the case. The decision of the Board of Appeals and Review shall be the final administrative remedy. Any person who is adversely affected by a decision of the Board of Appeals and Review may seek judicial review thereof in the District of Columbia Court of Appeals, pursuant to Chapter 5 of Title 2.” D.C. Law 19-171 enacted this subchapter into law. Editor's Notes Office of Auditor abolished: The Office of the Auditor of the District of Columbia was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. All functions of the Office of the Auditor, including the functions of all officers, employees, and subordinate agencies were transferred to the Director, Department of General Administration by Reorganization Order No. 3 of the Board of Commissioners, dated August 28, 1952. The functions of auditing all moneys paid to and collected by the District Unemployment Board as provided in subsection (a) of this section was transferred from the Auditor to the Internal Audit Officer, Department of General Administration by Reorganization Order No. 19. The function of the Auditor of the District concerning the prior audit of refunds was transferred from the Auditor to the Accounting Officer, Finance Office, Department of General Administration by Reorganization Order No. 20, dated November 10, 1952. Reorganization Order No. 20 was superseded by Organization Order No. 121, dated December 12, 1957. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. Reorganization Order No. 19 and Organization Order No. 121 were revoked and replaced by Organization Order No. 3, dated December 13, 1967. Parts IVB and IVC of the latter Order established within the newly created Department of General Administration, an Internal Audit Office and a Finance Office and prescribed the functions thereof. These functions were subsequently transferred to the Director of the Department of Finance and Revenue by paragraph 4 of Commissioner’s Order No. 69-96, dated March 7, 1969. Part IVB of Organization Order No. 3 and that portion of paragraph 4 of Commissioner’s Order No. 69-96 pertaining to a transfer of audit functions to the Department of Finance and Revenue were revoked by Organization Order No. 33, dated July 14, 1972. The latter Order established an Office of Municipal Audit and Inspection and prescribed the functions thereof. The Office of Municipal Audit and Inspection was replaced by Mayor’s Order No. 79-7, dated January 2, 1979, which Order established the Office of the Inspector General of the District of Columbia. Office of Major and Superintendent of Metropolitan Police abolished: The Office of the Major and Superintendent of Metropolitan Police was abolished and all functions of that office transferred to and vested in the Chief of Police. The Assistant Superintendent, Executive Officer of the Metropolitan Police Department was designated “Deputy Chief of Police, Executive Officer”; the Assistant Superintendent of the Metropolitan Police in command of the Detective Bureau was designated “Deputy Chief of Police, Chief of Detectives”; and each other Assistant Superintendent of the Metropolitan Police was designated “Deputy Chief of Police” by Reorganization Order No. 7 dated September 15, 1952. Reorganization Order No. 7 was replaced by Organization Order No. 153, dated November 10, 1966. Mayor's Orders Amendment of Organization Order No. 112, Commissioners’ Order No. 55-1500, establishing Board of Appeals and Review: See Mayor’s Order 84-31, February 9, 1984. § 47–2885.22. Severability. If any provision of this part is for any reason held invalid by any court of competent jurisdiction, the provision shall be deemed a separate, distinct, and independent provision, and its invalidity shall not affect the validity of the remaining provisions. (Sept. 16, 1980, D.C. Law 3-98, § 23, 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2022. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2885.23. Effect of part on prior regulations. The provisions of this part supplement all other regulations and laws applicable in the District of Columbia. Regulations heretofore in effect in the District of Columbia which are inconsistent with the provisions of this part are hereby superseded with respect to matters covered by this part. (Sept. 16, 1980, D.C. Law 3-98, § 24(c), 27 DCR 3528; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190.) Prior Codifications 1981 Ed., § 2-2023. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Part D. Professional Engineers. [Repealed] § 47–2886.01. Short title. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 854, ch. 953, § 1; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2301. 1973 Ed., § 2-1801. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Cross References Boards, commissions and committees, application of law, see § 1-321.02. § 47–2886.02. Definitions. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 854, ch. 953, § 2; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2302. 1973 Ed., § 2-1802. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Editor's Notes Board of Registration for Professional Engineers abolished: See note to § 47-2886.05. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2886.03. Declaration of policy. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 855, ch. 953, § 3; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2303. 1973 Ed., § 2-1803. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2886.04. Practice of engineering without registration prohibited. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 855, ch. 953, § 4; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2304. 1973 Ed., § 2-1804. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2886.05. District of Columbia Board of Registration for Professional Engineers — Created; duty; composition; appointment; qualifications; term of office; oath of office; removal; vacancies. [Repealed] [Repealed]. (Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2305. Cross References Disclosure of financial interests, requirements, see § 1-1106.02. § 47–2886.06. District of Columbia Board of Registration for Professional Engineers — Compensation. [Repealed] [Repealed]. (Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2306. Section References This section is referenced in § 47-2886.13. § 47–2886.07. District of Columbia Board of Registration for Professional Engineers — Meetings; officers; quorum. [Repealed] [Repealed]. (Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2307. § 47–2886.08. District of Columbia Board of Registration for Professional Engineers—Powers. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 856, ch. 953, § 8; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(c)(9)(A); July 22, 1976, D.C. Law 1-75, § 3(i), 23 DCR 1178; Mar. 3, 1979, D.C. Law 2-139, § 3205(e), 25 DCR 5740; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2308. 1973 Ed., § 2-1808. Section References This section is referenced in § 1-636.02 and § 47-2886.09. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Cross References Effective date provisions, see § 1-636.02. Editor's Notes Board of Registration for Professional Engineers abolished: See note to § 47-2886.05. § 47–2886.09. District of Columbia Board of Registration for Professional Engineers— Complaints; hearings; appeals. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 862, ch. 953, § 9; June 11, 1960, 74 Stat. 202, Pub. L. 86-507, § 1(41); July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(c)(9)(B), 164(n); Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2309. 1973 Ed., § 2-1809. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Editor's Notes Board of Registration for Professional Engineers abolished: See note to § 47-2886.05. § 47–2886.10. Exemptions from part. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 863, ch. 953, § 10; Aug. 30, 1964, 78 Stat. 634, Pub. L. 88-503, § 21; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2310. 1973 Ed., § 2-1810. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Editor's Notes Board of Registration for Professional Engineers abolished: See note to § 47-2886.05. § 47–2886.11. Seal of registrant. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 864, ch. 953, § 11; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2311. 1973 Ed., § 2-1811. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Editor's Notes Board of Registration for Professional Engineers abolished: See note to § 47-2886.05. § 47–2886.12. Display of certificate of registration. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 864, ch. 953, § 12; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2312. 1973 Ed., § 2-1812. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2886.13. Fees; Professional Engineers’ Fund; expenses of Board; audit. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 864, ch. 953, § 13; Sept. 14, 2011, D.C. Law 19-21, § 1063(a), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2313. 1973 Ed., § 2-1813. Section References This section is referenced in § 1-301.74. Effect of Amendments D.C. Law 19-21, in subsec. (d), substituted “For the purpose of any contemplated investigation or audit by the Inspector General,” for “It shall be the duty of the Office of the Inspector General of the District of Columbia to audit annually the accounts of the Board and make a report thereof to the Mayor. For the purpose of performance of such duty”. D.C. Law 19-171 enacted this subchapter into law. Cross References Licensing and registration fees, see § 1-301.74. Editor's Notes Board of Registration for Professional Engineers abolished: See note to § 47-2886.05. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(69) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2886.14. Unlawful acts. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 865, ch. 953, § 14; Oct. 5, 1985, D.C. Law 6-42,§ 442, 32 DCR 4450; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; June 11, 2013, D.C. Law 19-317, § 286(x), 60 DCR 2064; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2314. 1973 Ed., § 2-1814. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in [§ 22-3571.01]” for “not more than $500”. Emergency Legislation For temporary (90 days) amendment of this section, see § 286(x) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). § 47–2886.15. Prosecutions; legal services to Board; investigations; injunctions. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 866, ch. 953, § 15; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a); Apr. 13, 2005, D.C. Law 15-354, § 76, 52 DCR 2638; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2315. 1973 Ed., § 2-1815. Effect of Amendments D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”. D.C. Law 19-171 enacted this subchapter into law. Editor's Notes Board of Registration for Professional Engineers abolished: See note to § 47-2886.05. § 47–2886.16. Annual report. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 866, ch. 953, § 16; Sept. 14, 2011, D.C. Law 19-21, § 1063(b), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, §§ 123, 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2316. 1973 Ed., § 2-1816. Effect of Amendments D.C. Law 19-21 substituted “the Mayor, the Inspector General, and the Office of the Secretary of the Council of the District of Columbia” for “the Mayor”. D.C. Law 19-171 enacted this subchapter into law; and substituted “Secretary to the Council” for “Secretary of the Council.” Editor's Notes Board of Registration for Professional Engineers abolished: See note to § 47-2886.05. Change in Government This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section. § 47–2886.17. Severability. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 866, ch. 953, § 17; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2317. 1973 Ed., § 2-1817. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. § 47–2886.18. Conflicting laws and regulations repealed. [Repealed] [Repealed]. (Sept. 19, 1950, 64 Stat. 866, ch. 953, § 18; Sept. 26, 2012, D.C. Law 19-171, § 302, 59 DCR 6190; Apr. 15, 2017, D.C. Law 21-272, § 2(b), 64 DCR 946.) Prior Codifications 1981 Ed., § 2-2318. 1973 Ed., § 2-1818. Effect of Amendments D.C. Law 19-171 enacted this subchapter into law. Cross References Boards, commissions and committees, application of law, see § 1-321.02. Part E. Athlete Agents. § 47–2887.01. Definitions. For the purposes of this part, the term: (1) “Agency contract” means an agreement in which a student-athlete authorizes a person to negotiate or solicit on behalf of the student-athlete a professional-sports-services contract or an endorsement contract. (2) "Athlete agent": (A) Means an individual, whether or not registered under this part, who: (i) Directly or indirectly recruits or solicits a student-athlete to enter into an agency contract or, for compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for a student-athlete as a professional athlete or member of a professional sports team or organization; (ii) For compensation or in anticipation of compensation related to a student-athlete's participation in athletics: (I) Serves the athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions, unless the individual is an employee of an educational institution acting exclusively as an employee of the institution for the benefit of the institution; or (II) Manages the business affairs of the athlete by providing assistance with bills, payments, contracts, or taxes; or (iii) In anticipation of representing a student-athlete for a purpose related to the athlete's participation in athletics: (I) Gives consideration to the student-athlete or another person; (II) Serves the student-athlete in an advisory capacity on a matter related to finances, business pursuits, or career management decisions; or (III) Manages the business affairs of the student-athlete by providing assistance with bills, payments, contracts, or taxes. (B) Does not include an individual who: (i) Acts solely on behalf of a professional sports team or organization; or (ii) Is a licensed, registered, or certified professional and offers or provides services to a student-athlete customarily provided by members of the profession, unless the individual: (I) Recruits or solicits the student-athlete to enter into an agency contract; (II) For compensation, procures employment or offers, promises, attempts, or negotiates to obtain employment for the student-athlete as a professional athlete or member of a professional sports team or organization; or (III) Receives consideration for providing the services calculated using a different method than for an individual who is not a student-athlete. (3) “Athletic director” means an individual responsible for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and female students, the athletic program for males or the athletic program for females, as appropriate. (4) “Contact” means a communication, direct or indirect, between an athlete agent and a student-athlete, to recruit or solicit the student-athlete to enter into an agency contract. (4A) "Educational institution" includes a public or private elementary school, secondary school, technical or vocational school, community college, college, or university. (5) “Endorsement contract” means an agreement under which a student-athlete is employed or receives consideration to use on behalf of the other party any value that the student-athlete may have because of publicity, reputation, following, or fame obtained because of athletic ability or performance. (5A) "Enrolled" or "enrolls" means registered for courses and attending athletic practice or class. (6) “Intercollegiate sport” means a sport played at the collegiate level for which eligibility requirements for participation by a student-athlete are established by a national association for the promotion or regulation of collegiate athletics. (6A) "Interscholastic sport" means a sport played between educational institutions that are not community colleges, colleges, or universities. (6B) "Licensed, registered, or certified professional" means an individual licensed, registered, or certified as an attorney, dealer in securities, financial planner, insurance agent, real estate broker or sales agent, tax consultant, accountant, or member of a profession, other than that of athlete agent, who is licensed, registered, or certified by the District or a nationally recognized organization that licenses, registers, or certifies members of the profession on the basis of experience, education, or testing. (6C) "Mayor" includes the Mayor's delegee. (7) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. (8) Professional-sports-services-contract" means an agreement under which an individual is employed as a professional athlete or agrees to render services as a player on a professional sports team or with a professional sports organization. (9) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (9A) "Recruit or solicit" means to attempt to influence the choice of an athlete agent by a student-athlete or, if the student-athlete is a minor, the choice by a parent or guardian of the student-athlete. The term does not include giving advice on the selection of a particular agent in a family, coaching, or social situation unless the individual giving the advice does so because of the receipt or anticipated receipt of an economic benefit, directly or indirectly, from the agent. (10) “Registration” means registration as an athlete agent pursuant to this part. (10A) "Sign" means, with present intent to authenticate or adopt a record, to: (A) Execute or adopt a tangible symbol; or (B) Attach to or logically associate with the record an electronic symbol, sound, or process. (11) “State” means a State of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (12) "Student-athlete" means an individual who is eligible to attend an educational institution and engages in, is eligible to engage in, or may be eligible in the future to engage in, any interscholastic or intercollegiate sport. The term does not include an individual permanently ineligible to participate in a particular interscholastic or intercollegiate sport for that sport. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193); Feb. 23, 2023, D.C. Law 24-245, § 102(b), 70 DCR 174.) Editor's Notes Uniform Law: This section is based upon § 2 of the Uniform Athlete Agents Act. § 47–2887.02. Service of process; subpoenas. (a) By acting as an athlete agent in the District of Columbia, a nonresident individual appoints the Mayor as the individual’s agent for service of process in any civil action in the District of Columbia related to the individual’s acting as an athlete agent in the District of Columbia. (b) The Mayor may issue subpoenas for any material that is relevant to the administration of this part. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).) Editor's Notes Uniform Law: This section is based upon § 3 of the Uniform Athlete Agents Act. § 47–2887.03. Athlete agents: registration required; void contracts. (a) Except as otherwise provided in subsection (b) of this section, an individual may not act as an athlete agent in the District of Columbia without holding a certificate of registration under § 47-2887.05 or § 47-2887.07. (b) Before being issued a certificate of registration, an individual may act as an athlete agent in the District of Columbia for all purposes except signing an agency contract, if: (1) A student-athlete or another person acting on behalf of the student-athlete initiates communication with the individual; and (2) Within 7 days after an initial act as an athlete agent, the individual submits an application for registration as an athlete agent in the District of Columbia. (c) An agency contract resulting from conduct in violation of this section is void and the athlete agent shall return any consideration received under the contract. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).) Section References This section is referenced in § 47-2887.13. Editor's Notes Uniform Law: This section is based upon § 4 of the Uniform Athlete Agents Act. § 47–2887.04. Registration as athlete agent; application; requirements; reciprocal registration. (a) An applicant for registration as an athlete agent shall submit an application for registration to the Mayor in a form prescribed by the Mayor. The applicant must be an individual, and the application shall be signed by the applicant under penalty of perjury. The application must contain at least the following: (1) The applicant's: (A) Legal name and other names used; (B) Date and place of birth; (C) Contact information, including: (i) Address for the applicant's principal place of business; (ii) Work and mobile telephone numbers; (iii) Any means the applicant uses to communicate electronically, including a facsimile number, electronic-mail address, and personal and business or employer websites; (2) The name of the applicant's business or employer, if applicable, including for each business or employer, its mailing address, telephone number, organizational form, and the nature of the business; (3) Each social-media account with which the applicant or the applicant's business or employer is affiliated; (4) Each business or occupation in which the applicant engaged within the 5 years before the date of the application, including self-employment and employment by others, and any professional or occupational license, registration, or certification held by the applicant during that time; (5) A description of the applicant's: (A) Formal training as an athlete agent; (B) Practical experience as an athlete agent; and (C) Educational background relating to the applicant's activities as an athlete agent; (6) The name of each student-athlete for whom the applicant acted as an athlete agent within 5 years before the date of the application or, if the individual is a minor, the name of the parent or guardian of the minor, together with the student-athlete's sport and last-known team; (7) The name and address of each person that: (A) Is a partner, member, officer, manager, associate, or profit sharer or directly or indirectly holds an equity interest of 5% or greater of the athlete agent's business if it is not a corporation; and (B) Is an officer or director of a corporation employing the athlete agent or a shareholder having an interest of 5% percent or greater in the corporation; (8) A description of the status of any application by the applicant, or any person named under paragraph (7) of this subsection, for a State or federal business, professional, or occupational license, other than as an athlete-agent, including any denial, refusal to renew, suspension, withdrawal, or termination of the license and any reprimand or censure related to the license; (9) Whether the applicant, or any person named under paragraph (7) of this subsection, has pleaded guilty or no contest to, has been convicted of, or has charges pending for, a crime that would involve moral turpitude or be a felony if committed in the District and, if so, identification of: (A) The crime; (B) The law-enforcement agency involved; and (C) If applicable, the date of the conviction and the fine or penalty imposed; (10) Whether, within 15 years before the date of application, the applicant, or any person named under paragraph (7) of this subsection, has been a defendant or respondent in a civil proceeding, including a proceeding seeking an adjudication of legal incompetence and, if so, the date and a full explanation of each proceeding; (11) Whether the applicant, or any person named under paragraph (7) of this subsection, has an unsatisfied judgment or a judgment of continuing effect, including alimony or a domestic order in the nature of child support, which is not current at the date of the application; (12) Whether, within 10 years before the date of application, the applicant, or any person named under paragraph (7) of this subsection, was adjudicated bankrupt or was an owner of a business that was adjudicated bankrupt; (13) Whether there has been any administrative or judicial determination that the applicant, or any person named under paragraph (7) of this subsection, made a false, misleading, deceptive, or fraudulent representation; (14) Each instance in which conduct of the applicant, or any person named under paragraph (7) of this subsection, resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an interscholastic, intercollegiate, or professional athletic event on a student-athlete or a sanction on an educational institution; (15) Each sanction, suspension, or disciplinary action taken against the applicant, or any person named under paragraph (7) of this subsection, arising out of occupational or professional conduct; (16) Whether there has been a denial of an application for, suspension or revocation of, refusal to renew, or abandonment of, the registration of the applicant, or any person named under paragraph (7) of this subsection, as an athlete agent in any State; (17) Each State in which the applicant currently is registered as an athlete agent or has applied to be registered as an athlete agent; (18) If the applicant is certified or registered by a professional league or players association: (A) The name of the league or association; (B) The date of certification or registration, and the date of expiration of the certification or registration, if any; and (C) If applicable, the date of any denial of an application for, suspension or revocation of, refusal to renew, withdrawal of, or termination of, the certification or registration or any reprimand or censure related to the certification or registration; and (19) Any additional information required by the Mayor. (b) Instead of proceeding under subsection (a) of this section, an individual registered as an athlete agent in another State may apply for registration as an athlete agent in the District by submitting to the Mayor: (1) A copy of the application for registration in the other State; (2) A statement that identifies any material change in the information on the application or verifies there is no material change in the information, signed under penalty of perjury; and (3) A copy of the certificate of registration from the other State. (c) Except as provided in § 47-2887.05(b), the Mayor shall issue a certificate of registration to an individual who applies for registration under subsection (b) of this section if the Mayor determines: (1) The application and registration requirements of the other State are substantially similar to or more restrictive than this part; and (2) The applicant's registration in another State has not been revoked or suspended and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any other State. (d) For purposes of implementing subsection (c) of this section, the Mayor shall: (1) Cooperate with national organizations concerned with athlete agent issues and agencies in other States that register athlete agents to develop a common registration form and determine which States have laws that are substantially similar to or more restrictive than this part; and (2) Exchange information, including information related to actions taken against registered athlete agents or their registrations, with the national organizations and State agencies identified in paragraph (1) of this subsection. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193); Mar. 16, 2021, D.C. Law 23-205, § 4(l), 68 DCR 000769; Feb. 23, 2023, D.C. Law 24-245, § 102(c), 70 DCR 174.) Section References This section is referenced in § 47-2887.05. Editor's Notes Uniform Law: This section is based upon § 5 of the Uniform Athlete Agents Act. § 47–2887.05. Certificate of registration; issuance or denial; renewal. (a) Except as otherwise provided in subsection (b) of this section, the Mayor shall issue a certificate of registration to an individual who complies with § 47-2887.04(a) or whose application has been accepted under § 47-2887.04(b). (b) The Mayor may refuse to issue a certificate of registration if the Mayor determines that the applicant has engaged in conduct that has a significant adverse effect on the applicant’s fitness to act as an athlete agent. In making the determination, the Mayor may consider whether the applicant has: (1) Been convicted of an offense that is directly related to the occupation for which the registration is sought, pursuant to a determination made under § 47-2853.17(c-1)(2); (2) Made a materially false, misleading, deceptive, or fraudulent representation in the application or as an athlete agent; (3) Engaged in conduct that would disqualify the applicant from serving in a fiduciary capacity; (4) Engaged in conduct prohibited by § 47-2887.13; (5) Had a registration or licensure as an athlete agent suspended, revoked, or denied or been refused renewal of registration or licensure as an athlete agent in any State; (5A) Been refused renewal of registration as an athlete agent in any State; (6) Engaged in conduct the consequence of which was that a sanction, suspension, or declaration of ineligibility to participate in an interscholastic or intercollegiate athletic event was imposed on a student-athlete or educational institution; or (7) Engaged in conduct that significantly adversely reflects on the applicant’s credibility, honesty, or integrity. (c) Except as otherwise provided in § 47-2853.17(c-1)(2), in making a determination under subsection (b) of this section, the Mayor shall consider: (1) How recently the conduct occurred; (2) The nature of the conduct and the context in which it occurred; and (3) Any other relevant conduct of the applicant. (d) An athlete agent may apply to renew a registration by submitting an application for renewal in a form prescribed by the Mayor. An application filed under this section is a public record. The application for renewal must be signed by the applicant under penalty of perjury and must contain current information on all matters required in an original registration. (e) An athlete agent registered under § 47-2887.04(c) may renew the registration by proceeding under subsection (d) of this section or, if the registration in the other State has been renewed, by submitting to the Mayor copies of the application for renewal in the other State and the renewed registration from the other State. The Mayor shall renew the registration if the Mayor determines: (1) The registration requirements of the other State are substantially similar to or more restrictive than this part; and (2) The renewed registration has not been suspended or revoked and no action involving the individual's conduct as an athlete agent is pending against the individual or the individual's registration in any State. (f) A certificate of registration or a renewal of a registration is valid for 2 years. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193); Mar. 16, 2021, D.C. Law 23-205, § 4(m), 68 DCR 000769; Feb. 23, 2023, D.C. Law 24-245, § 102(d), 70 DCR 174.) Section References This section is referenced in § 47-2887.03 and § 47-2887.06. Editor's Notes Uniform Law: This section is based upon § 6 of the Uniform Athlete Agents Act. § 47–2887.06. Suspension, revocation, or refusal to renew registration. (a) The Mayor may limit, suspend, revoke, or refuse to renew a registration for conduct that would have justified denial of registration under § 47-2887.05(b). (b) The Mayor may limit, deny, suspend, revoke, or refuse to renew a certificate of registration or licensure only after proper notice and an opportunity for a hearing. Chapter 5 of Title 2 applies to this part. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193); Feb. 23, 2023, D.C. Law 24-245, § 102(e), 70 DCR 174.) Editor's Notes Uniform Law: This section is based upon § 7 of the Uniform Athlete Agents Act. § 47–2887.07. Temporary registration. The Mayor may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).) Section References This section is referenced in § 47-2887.03. Editor's Notes Uniform Law: This section is based upon § 8 of the Uniform Athlete Agents Act. § 47–2887.08. Registration and renewal fees. (a) An application for registration or renewal of registration must be accompanied by a fee established pursuant to subsection (b) of this section. (b) The Mayor shall, by rule, establish reasonable fees for: (1) An initial application for registration; (2) An application for registration based upon a certificate of registration or licensure issued by another State; (3) An application for renewal of registration; and (4) An application for renewal of registration based upon an application for renewal of registration or licensure submitted in another State. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).) Editor's Notes Uniform Law: This section is based upon § 9 of the Uniform Athlete Agents Act. § 47–2887.09. Required form of agency contract. (a) An agency contract must be in a record signed by the parties. (b) An agency contract must state or contain: (1) The amount and method of calculating the consideration to be paid by the student-athlete for services to be provided by the athlete agent under the contract and any other consideration the athlete agent has received or will receive from any other source for entering into the contract or for providing the services; (1A) A statement that the athlete agent is registered as an athlete agent in the District and a list of any other States in which the person is registered as an athlete agent; (2) The name of any person not listed in the application for registration or renewal of registration who will be compensated because the student-athlete signed the agency contract; (3) A description of any expenses that the student-athlete agrees to reimburse; (4) A description of the services to be provided to the student-athlete; (5) The duration of the contract; and (6) The date of execution. (c) Subject to subsection (f) of this section, an agency contract must contain a conspicuous notice in boldface type and in substantially the following form: "WARNING TO STUDENT-ATHLETE. "IF YOU SIGN THIS CONTRACT: "(1) YOU MAY LOSE YOUR ELIGIBILITY TO COMPETE AS A STUDENT- ATHLETE IN YOUR SPORT; "(2) IF YOU HAVE AN ATHLETIC DIRECTOR, WITHIN 72 HOURS AFTER SIGNING THIS CONTRACT OR BEFORE THE NEXT SCHEDULED ATHLETIC EVENT IN WHICH YOU PARTICIPATE, WHICHEVER OCCURS FIRST, BOTH YOU AND YOUR ATHLETE AGENT MUST NOTIFY YOUR ATHLETIC DIRECTOR THAT YOU HAVE ENTERED INTO THIS CONTRACT AND PROVIDE THE NAME AND CONTACT INFORMATION OF THE ATHLETE AGENT; AND "(3) YOU MAY CANCEL THIS CONTRACT WITHIN 14 DAYS AFTER SIGNING IT. CANCELLATION OF THIS CONTRACT MAY NOT REINSTATE YOUR ELIGIBILITY AS A STUDENT-ATHLETE IN YOUR SPORT." (c-1) An agency contract must be accompanied by a separate record signed by the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete, acknowledging that signing the contract may result in the loss of the student-athlete's eligibility to participate in the student-athlete's sport. (d) A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may void an agency contract that does not conform to this section. If the contract is voided, any consideration received from the athlete agent under the contract to induce entering into the contract is not required to be returned. (e) At the time an agency contract is executed, the athlete agent shall give the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete a copy in a record of the contract and the separate acknowledgement required by subsection (c-1) of this section. (f) If a student-athlete is a minor, an agency contract must be signed by the parent or guardian of the minor and the notice required by subsection (c) of this section must be revised accordingly. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193); Feb. 23, 2023, D.C. Law 24-245, § 102(f), 70 DCR 174.) Editor's Notes Uniform Law: This section is based upon § 10 of the Uniform Athlete Agents Act. § 47–2887.10. Notice to educational institution. (a) Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or at which the athlete agent has reasonable grounds to believe the student-athlete intends to enroll. (b) Not later than 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled that the student-athlete has entered into an agency contract and the name and contact information of the athlete agent. (c) If an athlete agent enters into an agency contract with a student-athlete and the student-athlete subsequently enrolls at an educational institution, the agent shall notify the athletic director of the institution of the existence of the contract not later than 72 hours after the agent knew or should have known that the student-athlete enrolled in the educational institution. (d) If an athlete agent has a relationship with a student-athlete before the student-athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the institution of the relationship not later than 10 days after the enrollment if the agent knows or should have known of the enrollment and: (1) The relationship was motivated in whole or part by the intention of the agent to recruit or solicit the student-athlete to enter an agency contract in the future; or (2) The agent directly or indirectly recruited or solicited the student-athlete to enter an agency contract before the enrollment. (e) An athlete agent shall give notice in a record to the athletic director of any educational institution at which a student-athlete is enrolled before the agent communicates or attempts to communicate with: (1) The student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete, to influence the student-athlete or parent or guardian of the student-athlete to enter into an agency contract; or (2) Another individual to have that individual influence the student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete, to enter into an agency contract. (f) If a communication or attempt to communicate with an athlete agent is initiated by a student-athlete or another individual on behalf of the student-athlete, the agent shall notify, in a record, the athletic director of any educational institution at which the student-athlete is enrolled. The notification must be made not later than 10 days after the communication or attempt. (g) An educational institution that becomes aware of a violation of this part by an athlete agent shall notify the following entities of the violation: (1) The Mayor; and (2) Any professional league or players association with which the athlete agent is licensed or registered, to the extent the educational institution is aware of such affiliations. (h) For the purposes of this section, the term "communicates or attempts to communicate" means contacting or attempting to contact by an in-person meeting, a record, or any other method that conveys or attempts to convey a message. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193); Feb. 23, 2023, D.C. Law 24-245, § 102(g), 70 DCR 174; Sept. 6, 2023, D.C. Law 25-50, § 8002(g)(2), 70 DCR 10366.) Editor's Notes Uniform Law: This section is based upon § 11 of the Uniform Athlete Agents Act. § 47–2887.11. Student-athlete's right to cancel. (a) A student-athlete or, if the student-athlete is a minor, the parent or guardian of the student-athlete may cancel an agency contract by giving notice in a record of cancellation to the athlete agent within 14 days after the contract is signed. (b) A student-athlete or, if the student-athlete is a minor, the parent or guardian of the athlete, may not waive the right to cancel an agency contract. (c) If a student-athlete, parent, or guardian cancels an agency contract, the student-athlete, parent, or guardian is not required to pay any consideration under the contract or return any consideration received from the athlete agent to influence the student-athlete, parent, or guardian to enter into the contract. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193); Feb. 23, 2023, D.C. Law 24-245, § 102(h), 70 DCR 174.) Editor's Notes Uniform Law: This section is based upon § 12 of the Uniform Athlete Agents Act. § 47–2887.12. Required records. (a) An athlete agent shall retain the following records for a period of 5 years: (1) The name and address of each individual represented by the athlete agent; (2) Any agency contract entered into by the athlete agent; and (3) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract. (b) Records required by subsection (a) of this section to be retained are open to inspection by the Mayor during normal business hours. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).) Section References This section is referenced in § 47-2887.13. Editor's Notes Uniform Law: This section is based upon § 13 of the Uniform Athlete Agents Act. § 47–2887.13. Prohibited conduct. An athlete agent may not intentionally: (1) Give a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete materially false or misleading information or make a materially false promise or representation with the intent to influence the student-athlete, parent, or guardian to enter into an agency contract; (2) Furnish anything of value to a student-athlete or another individual, if to do so may result in loss of the student-athlete's eligibility to participate in the student-athlete's sport, unless: (A) The agent notifies the athletic director of the educational institution at which the student-athlete is enrolled or at which the agent has reasonable grounds to believe the student-athlete intends to enroll, not later than 72 hours after giving the thing of value; and (B) The student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete acknowledges to the agent in a record that receipt of the thing of value may result in loss of the student-athlete's eligibility to participate in the athlete's sport; (3) Initiate contact, directly or indirectly, with a student-athlete or, if the student-athlete is a minor, a parent or guardian of the student-athlete to recruit or solicit the student-athlete, parent, or guardian to enter an agency contract unless the athlete agent is registered under this part; (4) Fail to create, retain, or permit inspection of the records required by § 47-2887.12; (5) Fail to register when required by § 47-2887.03; (6) Provide materially false or misleading information in an application for registration or renewal of registration; (7) Predate or postdate an agency contract; (8) Fail to notify a student-athlete or, if the athlete is a minor, a parent or guardian of the student-athlete before the student-athlete, parent, or guardian signs an agency contract for a particular sport that the signing may result in loss of the student-athlete's eligibility to participate in the student-athlete's sport; (9) Encourage another individual to do any of the acts described in paragraphs (1) through (8) of this subsection on behalf of the athlete agent; or (10) Encourage another individual to assist any other individual in doing any of the acts described in paragraphs (1) through (8) of this subsection on behalf of the athlete agent. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193); Feb. 23, 2023, D.C. Law 24-245, § 102(i), 70 DCR 174.) Section References This section is referenced in § 47-2887.05 and § 47-2887.14. Editor's Notes Uniform Law: This section is based upon § 14 of the Uniform Athlete Agents Act. § 47–2887.14. Criminal penalties; prosecution by Attorney General. An athlete agent who violates § 47-2887.13 is guilty of a misdemeanor and, upon conviction, is punishable by not more than the amount set forth in [§ 22-3571.01] or imprisonment of 6 months, or both. Violations shall be prosecuted by the Attorney General for the District of Columbia in the name of the District of Columbia. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193; Apr. 13, 2005, D.C. Law 15-354, § 73(l)(11), 52 DCR 2638; June 11, 2013, D.C. Law 19-317, § 286(y), 60 DCR 2064.) Effect of Amendments D.C. Law 15-354 substituted “Attorney General for the District of Columbia” for “Corporation Counsel”. The 2013 amendment by D.C. Law 19-317 substituted “a fine of not more than the amount set forth in [§ 22-3571.01]” for “maximum fine of $10,000”. Emergency Legislation For temporary (90 days) amendment of this section, see § 286(y) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300). Editor's Notes Uniform Law: This section is based upon § 15 of the Uniform Athlete Agents Act. Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013. § 47–2887.15. Civil remedies. (a) An educational institution or student-athlete may bring an action for damages against an athlete agent if the institution or student-athlete is adversely affected by an act or omission of the athlete agent in violation of this part. An educational institution or student-athlete is adversely affected by an act or omission of the agent only if, because of the act or omission, the institution or an individual who was a student-athlete at the time of the act or omission and enrolled in the institution: (1) Is suspended or disqualified from participation in an interscholastic or intercollegiate sports event by or under the rules of a State or national federation or association that promotes or regulates interscholastic or intercollegiate sports; or (2) Suffers financial damage. (b) A plaintiff that prevails in an action under this section may recover actual damages, costs, and reasonable attorney's fees. An athlete agent found liable under this section forfeits any right of payment for anything of benefit or value provided to the student-athlete and shall refund any consideration paid to the agent by or on behalf of the student-athlete. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193); Feb. 23, 2023, D.C. Law 24-245, § 102(j), 70 DCR 174.) Editor's Notes Uniform Law: This section is based upon § 16 of the Uniform Athlete Agents Act. § 47–2887.16. Civil penalty. The Mayor may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of this part. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193); Feb. 23, 2023, D.C. Law 24-245, § 102(k), 70 DCR 174.) Editor's Notes Uniform Law: This section is based upon § 17 of the Uniform Athlete Agents Act. § 47–2887.16a. Rules. The Mayor may issue rules pursuant to § 2-501 et seq. to carry out the provisions of this part. (Feb. 23, 2023, D.C. Law 24-245, § 102(l), 70 DCR 174; Sept. 6, 2023, D.C. Law 25-50, § 8002(g)(1), 70 DCR 10366.) § 47–2887.17. Uniformity of application and construction. In applying and construing this uniform part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193).) Editor's Notes Uniform Law: This section is based upon § 18 of the Uniform Athlete Agents Act. § 47–2887.18. Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 467; 5 U.S.C. § 7002) ("Act"), but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. § 7003(b). (Apr. 13, 2002, D.C. Law 14-107, § 3, 49 DCR 1193); Feb. 23, 2023, D.C. Law 24-245, § 102(m), 70 DCR 174.) Editor's Notes Uniform Law: This section is based upon § 19 of the Uniform Athlete Agents Act. Part F. Veterinary Facility. § 47–2888.01. Definitions. For the purposes of this part the term: (1) “Animal shelter” means a private or government-owned facility established for the impoundment of stray, diseased, dangerous, sick, injured, abused, neglected, unwanted, abandoned, orphaned, lost, or otherwise displaced animals, with the intent to care for, quarantine, return to an owner, adopt out, or euthanize the animals. (2) “Veterinary facility” means a fixed or mobile establishment where the practice of veterinary medicine is conducted. The term “veterinary facility” shall not include an establishment that is an animal shelter or a wildlife rehabilitation facility. (3) “Wildlife rehabilitation facility” means a location where a licensed wildlife rehabilitator treats and provides temporary care of injured, diseased, orphaned, or displaced indigenous wild animals and provides for their subsequent release into appropriate habitats. A wildlife rehabilitation facility may be an individual’s home, a triage location, or a facility dedicated to wildlife rehabilitation. (March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.) Section References This section is referenced in § 3-1201.01. § 47–2888.02. General prohibitions. (a) It shall be unlawful for any person to own, operate, maintain, open, or establish a veterinary facility within the District without first having obtained a license from the Mayor. (b) It shall be unlawful for any person other than a veterinarian licensed in the District to hold a license for a veterinary facility. (c) This section shall not apply to a facility or agency operated by the federal government or the District. (March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.) § 47–2888.03. Veterinary facility license, fees. (a) The application for a veterinary facility license shall be made on a form to be prescribed by the Mayor and shall be accompanied by the required fee. Each application shall list each certificate of approval, authority, occupancy, and any other prerequisite required as a precondition for operation of a veterinary facility. (b) A license shall be valid for a period of one year and shall be limited to the premises or the vehicle stated on the license. A license may be renewed for additional one-year periods upon payment of the appropriate fee. (c) A license issued under this section shall be posted in a conspicuous place on the premises. A mobile facility license shall be posted in a conspicuous place on the vehicle. (d) The Mayor may issue a license that clearly specifies the scope of the facility’s operation. The specifications shall not confer or denote an area of specialty by the veterinary facility or by the holder of the license. The Mayor shall determine the terms and restrictions that apply to the specifications by rulemaking. (e) The initial fees shall be as follows: (1) Original veterinary facility license, $195; and (2) Renewal of veterinary facility license, $170. (f) The Mayor may periodically adjust the fees by publishing notice in the District of Columbia Register 30 days before changing the fees. (March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.) § 47–2888.04. Denial, suspension, or revocation of veterinary facility license. (a) The Mayor may deny issuance or renewal of or suspend or revoke a license issued pursuant to this part for any one of a combination of the following reasons: (1) Conviction of an offense that is directly related to the occupation for which the license is sought or held, pursuant to a determination made under § 47-2853.17(c-1)(2); (2) A finding, after notice and an opportunity for a hearing, that any person named on an application has violated this part or any rules issued pursuant to this part; (3) A finding by the Mayor that any provision of this part has been violated; or (4) Furnishing false or misleading information to the Mayor, failing to furnish information required by the Mayor, or refusing to allow an inspection in accordance with § 47-2888.05. (b) The Mayor shall summarily suspend a license issued pursuant to this part whenever the Mayor finds that a veterinary facility’s failure to comply with a provision of this part or with any District or federal law or regulation applicable to the facility is of such a serious nature and magnitude that it presents an imminent danger to the health or safety of a person or animal. The Mayor shall impound any animals remaining at the facility without an owner present and shall care for those animals until they can be restored to their owners or adopted. The licensee shall be responsible for all costs incurred by the impoundment, care, restoration, or adoption of the impounded animals. The Mayor shall provide the licensee with written notice that states the action being taken, the basis of the action, and the right of the licensee to request a hearing within 5 days. The Mayor shall hold a hearing within 5 days of receiving a timely request, and shall issue a written decision, including findings of fact and conclusions of law, within 5 days of the conclusion of the hearing. The Mayor shall provide a copy of the decision to each party by mailing a copy to the licensee and the licensee’s counsel of record. A request for a hearing shall not act to stay the suspension pending the outcome of the hearing. (March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184; Mar. 16, 2021, D.C. Law 23-205, § 4(n), 68 DCR 000769.) § 47–2888.05. Inspections. (a) A person designated by the Mayor is authorized, after presenting proper identification, to enter at reasonable times any veterinary facility for the purpose of making inspections to determine compliance with this part or other laws or regulations regarding the practice of veterinary medicine. (b) An inspection may include: (1) Examining and copying records; and (2) Examining operating equipment, systems, and components to determine the sanitary and safety conditions at a facility. (c) The Mayor may issue subpoenas to obtain records. (March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.) Section References This section is referenced in § 47-2888.04. § 47–2888.06. Animal licenses. A licensed veterinarian may issue animal licenses. The veterinarian shall collect the required fees and may collect an additional $2 for each license issued as reimbursement for administrative costs. (March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.) § 47–2888.07. Penalties. (a) Any person who violates any provision of this part, or rules promulgated pursuant to this part, that results in physical harm to an animal shall be subject to a fine for each offense of not more than $10,000, imprisonment for not more than 90 days, or both. Each day of violation shall constitute a separate offense, and the penalties prescribed herein shall apply to each offense; provided, that the total fine shall not exceed $100,000 and the aggregate imprisonment term shall not exceed 6 months. (b) Any person who intentionally impedes a District employee in the performance of his or her official duties shall be subject to a fine for each offense of not more than $1,000, imprisonment for not more than 90 days, or both. (c) Any person who knowingly notifies a licensee or employee of a licensee, directly or indirectly, that an unannounced inspection will occur shall be subject to a fine of not more than $5,000, imprisonment for not more than 90 days, or both. (d) Prosecutions for violations of this part shall be brought in the name of the District of Columbia in the Superior Court of the District of Columbia by the Office of the Attorney General for the District of Columbia. (e) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this part pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this part shall be pursuant to Chapter 18 of Title 2 [§ 2-1801 et seq.]. (March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.) § 47–2888.08. Rules. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], shall issue rules to implement the provisions of this part. (March 26, 2014, D.C. Law 20-96, § 302(b), 61 DCR 1184.) Editor's Notes Section 401(b) of D.C. Law 20-96 provided that rules promulgated pursuant to the Veterinary Practice Act of 1982 shall remain in effect until the Mayor promulgates rules to implement D.C. Law 20-96. Part G. College Athlete Name, Image, or Likeness Registration. § 47–2889.01. Definitions. For the purposes of this part, the definitions in [§ 38-1631.01] shall apply. (Feb. 23, 2023, D.C. Law 24-245, § 222(b), 70 DCR 174.) § 47–2889.02. Registration as a name, image, or likeness agent; duties; fee arrangements. (a) A name, image, or likeness agent shall register in the District as an athlete agent under part E of this subchapter before engaging in conduct under this part. (b) An agreement between a college athlete and a name, image, or likeness agent must have a fee arrangement consistent with the customary practice of the agent's industry and otherwise comply with part E of this subchapter. (Feb. 23, 2023, D.C. Law 24-245, § 222(b), 70 DCR 174.) § 47–2889.03. Prohibited conduct by a third party. A third party may not intentionally: (1) Give materially false or misleading information or make a materially false promise or representation with the intent to influence a college athlete, parent or guardian of the athlete, or another person to enter into a name, image, or likeness agreement, receive name, image, or likeness compensation, or engage in name, image, or likeness activity; (2) Provide anything of value to a college athlete or another person except as permitted under this part if to do so may result in loss of the college athlete's eligibility to participate in the athlete's sport; or (3) Predate or postdate a name, image, or likeness agreement. (Feb. 23, 2023, D.C. Law 24-245, § 222(b), 70 DCR 174.) § 47–2889.04. Civil remedy. (a) An institution or college athlete has a cause of action for damages against a name, image, or likeness agent or third party if the institution or athlete is adversely affected by an act or omission of the agent or third party in violation of this part. An institution or college athlete is adversely affected by an act or omission of the agent or third party only if, because of the act or omission, the institution or college athlete: (1) Is sanctioned, suspended, or declared ineligible to participate in an intercollegiate sport; or (2) Suffers financial damage. (b) A college athlete has a cause of action under this section only if the athlete was a student at an institution at the time of the act or omission. (c) In an action under this section, a prevailing plaintiff may recover actual damages, reasonable attorney's fees, and court costs. (d) A violation of this part is a violation of and enforceable under Chapter 39 of Title 28. (Feb. 23, 2023, D.C. Law 24-245, § 222(b), 70 DCR 174.) § 47–2889.05. Civil penalty. The Superior Court of the District of Columbia, pursuant to an action brought by the Attorney General for the District of Columbia, may assess a civil penalty against a name, image, or likeness agent or third party in an amount not to exceed $50,000 for a violation of this part. (Feb. 23, 2023, D.C. Law 24-245, § 222(b), 70 DCR 174.) § 47–2889.06. Rulemaking authority. The Mayor may adopt rules pursuant to § 2-501 et seq., to administer and implement this part. (Feb. 23, 2023, D.C. Law 24-245, § 222(b), 70 DCR 174.) § 47–2889.07. Uniformity of application and construction. In applying and construing this part, a court shall consider the promotion of uniformity of the law among jurisdictions that have enacted it. (Feb. 23, 2023, D.C. Law 24-245, § 222(b), 70 DCR 174.) § 47–2889.08. Relation to Electronic Signatures in Global and National Commerce Act. This [part] modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 467; 15 U.S.C. § 7001 et seq.) ("Act"), but does not modify, limit, or supersede section 101(c) of that Act, (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, (15 U.S.C. § 7003(b)). (Feb. 23, 2023, D.C. Law 24-245, § 222(b), 70 DCR 174.) Previous Chapter 27B. Sports facilities fee. Next Chapter 29. Admission to Licensed Places; Posting of Price Scale. The codes and laws on this website are in the public domain. Please do not scrape. Instead, bulk download the HTML or XML. Powered by the non-profit Open Law Library.