A Subject Matter Summary for "Mayor's Agent: D.C. Administrative Procedure Act"

The regulations implementing the Historic Landmark and Historic District Protection Act of 1978 {1} ("the Act") are consistent with the District of Columbia Administrative Procedure Act, {2} which establishes procedures for the Mayor (Mayor’s Agent) and District government agencies to use when administering District laws. The purpose of these procedures is to ensure that parties receive fair treatment from the government and that the record of government action is transparent and reasonable.

These administrative procedures apply in "contested cases" when a party appeals a decision of the Historic Preservation Board in a hearing before the Mayor’s Agent. {3} For instance, the procedures require that the Mayor’s Agent shall provide reasonable notice of a hearing. {4} The proponent of a rule or order has the burden of proof in contested cases. {5} Legal counsel may represent the applicant, and parties and persons may appear in opposition to the permit application. {6} Parties can submit oral or documentary evidence as well as rebuttal evidence and conduct cross-examination. {7} The Mayor’s Agent or the agency must maintain an official written record for each contested case. {8} In addition, every Mayor’s Agent order must include findings of fact and conclusions of law in a decision or order, {9} although this can be waived by the Mayor’s Agent for good cause (usually if no parties are in opposition). {10}

If a party opposes the order or decision of the Mayor’s Agent, he or she can appeal to the District of Columbia Court of Appeals. {11}

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{1} D.C. Law 2-144, as amended; D.C. Code §6-1101 et seq.

{2} D.C. Code §2-501 et seq.

{3} 10A DCMR §100; D.C. Code §2-509.

{4} D.C. Code §2-509(a).

{5} D.C. Code §2-509(b).

{6} 10 DCMR §2501.1, 2517.1.

{7} D.C. Code §2-509(b).

{8} §2-509(c).

{9} §2-509(e); 10A DCMR §410.1.

{10} 10A DCMR § 3207.3 ("Mayor's Agent, SHPO [State Historic Preservation Officer], and Review Board may, for good cause shown, waive any of the provisions of these rules pertaining to their respective authorities, if in their judgment the waiver will not prejudice the rights of any person and is not otherwise prohibited by law.").

{11} D.C. Code §2-510(a).

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