An Act to prescribe administrative procedures for the District of Columbia government
PL 90-614 (H.R.7417), enacted 10/21/1968

82 STAT. ] 
PUBLIC LAW 90-614-OCT. 21, 1968 
1203 
section, the Administrator of Veterans' Affairs, upon determining 
that approximately one acre out of said triangular tract is no longer 
to be used for the purpose and on the condition for which the same 
was donated to the United States, is authorized to execute a quitclaim 
deed to the heirs of the grantors conveying such one acre, the heirs 
of the grantors having expressed a desire to give said one acre to the 
city of Allen Park for a fire station site. Such quitclaim deed shall 
also contain covenants by said heirs that the one-acre parcel shall be 
conveyed by them to the city of Allen Park for use as a site for a fire 
station and shall be used in a manner that will not, in the judgment 
of the Administrator of Veterans' Affairs, or his designate, interfere 
with the care and treatment of patients in the nearby Veterans' 
Administration Hospital, Dearborn, Michigan; a condition that if it 
ever ceases to be so used, the title to said property shall immediately 
revert to the United States for the use of the Veterans' Administra-
tion; a provision that such covenants and conditions shall run with 
the land and be binding on the grantees, their heirs, successors, 
grantees and assigns; and such instrument shall further contain such 
additional terms and conditions as the Administrator shall deem 
appropriate to protect the interests of the United States. 
"(b) The exact legal description of said one acre (located at the 
corner of Outer Drive and Snow Road) shall be determined by the 
Administrator. The Administrator shall not execute and deliver the 
quitclaim deed authorized in subsection (a) of this section until said 
heirs shall have, at their own expense, caused the property to be sur-
veyed and made arrangements, satisfactory to the Administrator, for 
the erection of a boundary line fence, nor until said heirs shall have 
executed and delivered to the United States a recordable instrument, 
in form satisfactory to the Attorney General, releasing to the United 
States all of their interests in such one-acre parcel and also releasing 
any right of reentry into the balance of said triangular tract which 
might accrue by reason of the termination of the use by the United 
States of said one acre thereof. The execution and delivery of said 
instrument shall be subject to such additional terms and conditions 
as the Administrator shall deem appropriate to protect the interests 
of the United States." 
Approved October 21, 1968. 
Public Law 90-614 
AN A C T 
October 21, 1968 
To prescribe administrative procedures for tlie District of Coluinl)ia government. 
' • • ' ' " 
L_ 
Be It enacted hy the Senate and Flouse of Representatives 
of the 
United States of America In Congress assembled. 
District of 
Columbia Admin-
istrative Procedure 
SHORT TITLE 
Act. 
SECTION 1. This Act may be cited as the "District of Columbia 
Administrative Procedure Act". 
1204 
PUBLIC LAW 90-614-OCT. 21, 1968 
[82 STAT. 
OTHER AUTHORITY 
SEC. 2. This Act shall supplement all other provisions of law estab-
' lishing procedures to be observed by the Commissioner, the Council, 
and agencies of the District government in the application of laws 
administered by them, except that this Act shall supersede any such 
law and procedure to the extent of any conflict therewith. 
DEFINITION 
SEC. 3. As used in this Act— 
(l)(a) the term "Commissioner" means the Commissioner of 
the District of Columbia, or his designated a^ent; 
(b) the term "Council" means the District of Columbia 
Council; 
(2) the term "District" means the District of Columbia; 
(3) the term "agency" includes both subordinate agency and 
independent agency; 
(4) the term "subordinate agency" means any officer, employee, 
office, department, division, board, commission, or other agency 
of the government of the District, otlier than an independent 
agency or the Commissioner or the Council, required by law or 
by the Commissioner or the Council to administer any law or any 
rule adopted under the authority of a law; 
(5) the term "independent agency" means any agency of the 
go>ernment of the District with respect to which the Commis-
sioner and the Council are not authorized by law, other than this 
Act, to establish administrative procedures, but does not include 
the several courts of the District and the District of Columbia 
Tax Court; 
(6) the term "rule" means the whole or any part of any Com-
missioner's, Council's, or agency statement of general or par-
ticular applicability and future effect designed to implement, 
interpret, or prescribe law or policy or to describe the organiza-
tion, procedure, or practice requirements of the Commissioner, 
Council, or of any agency; 
(7) the term "rulemaking" means Commissioner's, Council's, 
or agency process for the formulation, amendment, or repeal of 
a rule; 
(8) the term "contested case" means a proceeding before the 
Commissoner, the Council, or any agency in which the legal rights, 
duties, or privileges of specific parties are required by any law 
(other than this Act), or by constitutional right, to be determined 
after a hearing before the Commissioner or the Council or before 
an agency, but shall not include (A) any matter subject to a sub-
sequent trial of the law and the facts de novo in any court; (B) 
the selection or tenure of an officer or employee of the District; 
(C) proceedings in which decisions rest solely on inspections, 
tests, or elections; and (D) cases in which the Commissioner, 
Council, or an agency act as an agent for a court of the District; 
(9) the term "person" includes individuals, partnershijis, cor-
82 STAT. ] 
PUBLIC LAW 90-614-OCT. 21, 1968 
1205 
porations, associations, and public or private organizations of 
any character other tlian tlie Commissioner, the Council, or an 
agency; 
(10) the term "party" includes the Commissioner, the Council, 
and any person or agency named or admitted as a party, or prop-
erly seeking and entitled as of right to be admitted as a party, in 
any proceeding before the Commissioner, the Council, or an 
agency, but nothing herein shall be construed to prevent the Com-
missioner, the Council, or an agency from admitting the Com-
missioner, the Council, or any person or agency as a party for 
limited purposes; 
(11) the teran "order" means the whole or any part of the final 
disposition (whether affirmative, negative, injunctive, or declara-
tory in form) of the Commissioner or Council or of any agency in 
any matter other than rulemaking, but including licensing; 
(12) the term "license" includes the whole or part of any per-
mit, certificate, approval, registration, charter, membership, statu-
tory exemption, or other form of permission granted by the Com-
missioner, the Council, or any agency; 
(13) the term "licensing" includes process respecting the grant, 
renewal, denial, revocation, suspension, annulment, withdrawal, 
limitation, amendment, modification, or conditioning of a license 
by the Commissioner or the Council or an agency; 
(14) the term "relief" includes the whole or part of any Com-
missioner's or Council's or agency (A) grant of money, assistance, 
license, authority, exemption, exception, privilege, or remedy; (B) 
recognition of any claim, right, immunity, privilege, exemption, or 
exception; and (C) taking of any other action upon the applica-
tion or petition of, and beneficial to, any person; 
(15) the term "proceeding" means any process of the Commis-
sioner or Council or an agency as defined in paragraphs (6), (11), 
and (12) of this section; and 
(16) the term "sanction" includes the whole or part of any Com-
missioner's or Council's or agency (A) prohibition, requirement, 
limitation, or other condition affecting the freedom of any person; 
(B) withholding of relief; (C) imj)osition of any form of penalty 
or fine; (D) destruction, taking, seizure, or withholding of prop-
erty; (E) assessment of damages, reimbursement, restitution, 
compensation, costs, charges, or fees; (F) requirement, revocation, 
or suspension of a license; and (G) taking of other compulsory or 
restrictive action. 
ESTABLISHMENT OF (JENERAL PROCEDURES 
SEC. 4. (a) The Commissioner and the Council shall, for themselves 
and for each subordinate agency, establish or require each subordinate 
agency to establish procedures in accordance with this Act. 
(b) Each independent agency shall establish procedures in accord-
ance with this Act. 
(c) The procedures required to be established by subsections (a) and 
(b) of this section shall include requirements of practice before the 
Commissioner and the Council and each agency. 
1206 
PUBLIC LAW 90-614-OCT. 21, 1968 
[82 
STAT. 
"District of 
Columbia Regis 
ter." 
OFFICIAL 
PUBLICATION 
SEC. 5. (a) The Commissioner shall publish at regular intervals 
not less frequently than once every two weeks a bulletin to be known 
as the "District of Columbia Register," in which shall be set forth 
the full text of all rules filed in the office of the Commissioner during 
tlie j3eriod covered by each issue of such bulletin, except that the Com-
missioner may in his discretion omit from the District of Columbia 
Register rules the publication of which would be unduly cumbersome, 
expensive, or otherwise inexpedient, if, in lieu of such publication, 
there is included in the Register a notice stating the general subject 
matter of any rule so omitted and stating the manner in which a copy 
of such rule may be obtained. 
(b) All courts within the District shall take judicial notice of rules 
published or of which notice is given in the District of Columbia 
Register pursuant to this section. 
(c) Publication in the District of Columbia Register of rules 
adopted, amended, or repealed by the Commissioner or Council or by 
any agency shall not be considered as a substitute for publication in 
one or more newspapers of general circulation when such publication 
is required by statute. 
(d) The Commissioner is authorized to publish in the District of 
Columbia Register, in addition to rules published under authority 
contained in subsection (a) of this section, (1) cumulative indexes 
to regulations which have been adopted, amended, or repealed; (2) 
information on changes in the organization of the District govern-
ment; (3) notices of public hearings; (4) codifications of rules; and 
(5) such other matters as the Commissioner may from time to time 
determine to be of general public interest. 
Petitions. 
PUBLIC 
NOTICE 
AND PARTICIPATION 
I N 
RULEMAKING 
SEC. 6. (a) The Commissioner and Council and each independent 
agency shall, prior to the adoption of any rule or the amendment or 
repeal thereof, publish in the District of Columbia Register (unless all 
persons subject thereto are named and either personally served or 
otherwise have actual notice thereof in accordance with law) notice 
of the intended action so as to afford interested persons opportunity 
to submit data and views either orally or in writing, as may be speci-
fied in such notice. The publication or service recjuired by this subsec-
tion of any notice shall be made not less than thirty days prior to the 
effective date of the proposed adoption, amendment, or repeal, as the 
case may be, except as otherwise provided by the Commissioner or 
Council or the agency upon good cause found and published with 
the notice. 
(b) Any interested person may petition the Commissioner or Coun-
cil or an independent agency, requesting the promulgation, amendment, 
or repeal of any rule. The Commissioner and Council and each inde-
pendent agency shall prescribe by rule the form for such petitions, and 
the procedure for their submission, consideration, and disposition. 
Nothing in this Act shall make it mandatoiy that the Commissioner 
or Council or any agency promulgate, amend, or repeal any rule pur-
suant to a petition therefor submitted in accordance with this section. 
(c) Notwithstanding any other provision of this section, if, in an 
emergency, as determined by the Commissioner or Council or an inde-
pendent agency, the adoption of a rule is necessary for the immediate 
preservation of the public peace, health, safety, welfare, or morals, thfe 
Commissioner or Council or such independent agency may adopt 
D.C. Register. 
D.C. Register. 
82 STAT. ] 
PUBLIC LAW 90-614-OCT. 21, 1968 
1207 
such rules as may be necessary in the circumstances, and such rule 
may become effective immediately. Any such emergency rule shall 
forthwith be published and filed in the manner prescribed in section 
7 of this Act. No such rule shall remain in effect longer than one 
Inuidred and twenty days after the date of its adoption. 
FILING AXD P T J B T . I S H I N C OF RULES 
SEC 7. (a) Each agency, within thirty days after the effective date 
of this Act, shall file with the Commissioner a certified copy of all of 
its rules in force on such effective date. 
(b) The Commissioner shall keep a permanent regist-er open to 
public inspection of all rules. 
(c) Except in the case of emergency rules, each rule adopted after 
tlie effective date of this Act by the Commissioner or Council or by 
any agency, shall be filed in the office of the Commissioner. No such 
rule shall become effective until after its publication in the District ^ ^"''i''^f„^°"'" 
of Columbia Register, nor shall such rule become effective if it is 
required by law, other than this Act, to be otherwise published, until 
such rule is also published as required in such law. 
COMPn^ATION OF RUL.ES 
SEC. 8. (a) As soon as practicable after the effective date of this 
Act, the Commissioner shall have compiled, indexed, and published ^ ^"''Rt*;^^^!" ^" 
in the District of Columbia Register all rules adopted by the Com- 
''"'^ ^
"
^ 
missioner and Council and each agency and in effect at the time of 
such compilation. Such compilations shall be promptly supplemented 
or revised as may be necessary to reflect new rules and changes in 
rules. 
(b) Compilations shall be made available to the public at a price 
fixed by the Commissioner. 
(c) The Commissioner must publish the first compilation required 
by subsection (a) of this section within one year after the effective 
date of this Act and no rule adopted by the Commissioner or by the 
Council or by any agency before the date of such first publication 
which has not been filed and published in accordance with this Act 
and which is not set forth in such compilation shall be in effect after 
one year after the effective date of this Act. 
DECLARATORY ORDERS 
SEC. ^. On petition of any interested person, the Commissioner or 
Council or an agency, within their discretion, may issue a, declaratory 
order with respect to the applicability of any rule or statute enforce-
able by them or by it, to terminate a controversy (other than a con-
tested case) or to remove uncertainty. A declaratory order, as provided 
in this section, shall be binding between the Commissioner or Council 
or the agency, as the case may be, and the petitioner on the state of facts 
alleged and established, unless such order is altered or set aside by a 
court. A declaratory order is subject to review in the manner provided 
in this Act for the review of orders and decisions in contested cases, 
except that the refusal of the Commissioner or Council or of an agency 
to issue a declaratory order shall not be subject to review. The Com-
missioner and the Council and each agency shall prescribe by rule the 
form for such petitions and the procedure for their submission, con-
sideration, and disposition. 
96-600 O - 69 - 79
1208 
PUBLIC LAW 90.614-OCT. 21, 1968 
[82 STAT. 
Notification of 
hearing. 
Recordkeeping. 
Proposed 
decision. 
Written deci-
CONTESTIU) CASKS 
SEC. 10. (a) In any contested case, all parties thereto shall be given 
reasoi^ablc notice of the a.ft'orded hearing by the Commissioner or 
Council or the agency, as the case may be. The notice shall state the 
time, place, and issues involved, but if, by reason of the nature of the 
proceeding, the Commissioner or Council or the agency determine that 
the issues cannot be fully stated in advance of the hearing, or if sub-
sequent amendment of the issues is necessary, they shall be fully stated 
as soon as practicable, and opportunity shall be afforded all parties to 
present evidence and argument with respect thereto. Unless otherwise 
required by law, other than this Act, any contested case may be disposed 
of by stipulation, agreed settlement, consent order, or deiault. 
(b) In contested cases, except as may otherwise be provided by law, 
other than this Act, the proponent of a rule or order shall have the 
burden of proof. Any oral and any documentary evidence may be 
received, but the Commissioner and Council and every agency shall 
exclude irrelevant, immaterial, and unduly repetitious evidence. Every 
party shall have the right to present in person or by counsel his case or 
defense by oral and documentary evidence, to submit rebuttal evidence, 
and to conduct such cross-examination as may be required for a full and 
true disclosure of the facts. Where any decision of the Commissioner 
or Council or any agency in a contested case rests on official notice of a 
material fact not appearing in the evidence in the record, any party 
to such case shall on timely request be afforded an opportunity to 
show" the contrary. 
(c) The Commissioner or Council or the agency shall maintain an 
official record in each contested case, to include testimony and exhibits, 
but it shall not be necessary to make any transcription unless a copy 
of such record is timely requested by any party to such case, or tran-
scription is required by law, other than this Act. The testimony and 
exhibits, together with all papers and requests filed in the proceeding, 
and all material facts not appearing in the evidence but with respect 
to which official notice is taken, shall constitute the exclusive record 
for order or decision. No sanction shall be imposed or rule or order or 
decision be issued except upon consideration of such exclusive record, 
or such lesser portions thereof as may be agreed upon by all the parties 
to such case. The cost incidental to the preparation of a copy or copies 
of a record or portion thereof shall be borne equally by all parties 
requesting the copy or copies. 
(d) Whenever in a contested case a majority of those who are to 
render the final order or decision did not personally hear the evidence, 
no order or decision adverse to a party to the case (other than the 
Commissioner or an agency) shall be made until a proposed order 
or decision, including findings of fact and conclusions of law, has 
been served upon the parties and an opportunity has been afforded 
to each party adversely affected to file exceptions and present argu-
ment to a majority of those who are to render the order or decision, 
who, in such case, shall personally consider such portions of the 
exclusive record, as provided in subsection (c) of this section, as 
may be designated by any party. 
(e) Every decision and order adverse to a party to the case, ren-
dered by the Commissioner or Council or an agency in a contested 
case, shall be in writing and shall be accompanied by findings of fact 
and conclusions of law. The findings of fact shall consist of a concise 
statement of the conclusions upon each contested issue of fact. Find-
ings of fact and conclusions of law shall be supported by and in 
accordance with the reliable, probative, and substantial evidence. A 
82 STAT. ] 
PUa.IC LAW 90-614-OCT. 21, 1968 
1209 
copy of the decision and order and accompanying findings and con-
clusions shall be given by the Commissioner or Council or the agency, 
as the case may be, to each party or to his attorney of record. 
JUDICIAL REVIEW 
SEC. 11. Any person sutfering a legal wrong, or adversely aifected or 
aggrieved, by an order or decision of the Commissioner or Council or 
an agency in a contested case, is entitled to a judicial review thereof in 
accordance with this Act upon filing in the District of Columbia Court 
of Appeals a written petition for review, except that orders and deci-
sions of the Board of Zoning Adjustment, Commission of Mental 
Health, Public Service Commission, Redevelopment T^and Agency, and 
the Zoning Commission shall be subject to judicial review in those 
courts which review the orders and decisions of those agencies on the 
day before the date of enactment of this Act and such judicial review 
shall be in accordance with the law in effect on the date immediately 
preceding the effective date of this Act establishing requirements and 
standards for review of orders and decisions of those agencies or, if no 
such requirements or standards are in effect on such date, then such 
review shall be in accordance with this Act. If the jurisdiction of the 
Commissioner or Council or an agency is challenged at any time in any 
proceeding and the Commissioner or Council or the agency, as the case 
may be, takes jurisdiction, the person challenging jurisdiction shall be 
entitled to an immediate judicial review of that action, unless the court 
shall otherwise hold. The reviewing court may by rule prescribe the 
forms and contents of the petition and, subject to this Act, regulate 
generally all matters relating to proceedings on such appeals. A peti-
tion for review shall be filed in such court within such time as such 
court may by rule prescribe and a copy of such petition shall forthwith 
be served by mail by the clerk of the court upon the Commissioner or 
Council or upon the agency, as the case may be. Within such time as 
may be fixed by rule of the court the Commissioner or Council or such 
agency shall certify and file in the court the exclusive record for deci-
sion and any supplementary proceedings, and the clerk of the court 
shall immediately notify the petitioner of the filing thereof. Upon the ^ S.^°P« ^'^ 
filing of a petition for review, the court shall have jurisdiction of the 
proceeding, and shall have power to affirm, modify, or set aside the 
order or decision complained of, in whole or in part, and, if need be, 
to remand the case for further proceedings, as justice may require. Fil-
ing of a petition for review shall not in itself stay enforcement of the 
order or decision of the Commissioner or Council or the agency, as the 
case may be. The Commissioner or Council or the agency may grant, 
or the reviewing court may order, a stay upon appropriate terms. The 
court shall hear and determine all appeals upon the exclusive record for 
decision before the Commissioner or Council or the agency. The review 
of all administrative orders and decisions by the court shall be limited 
to such issues of law or fact as are subject to review on appeal under 
applicable statutory law, other than this Act. In all other cases the 
review by the court of administrative orders and decisions shall be in 
accordance with the rules of law which define the scope and limitations 
of review of administrative proceedings. Such rules shall include, but 
not be limited to, the power of the court— 
(1) so far as necessary to decision and where presented, to 
decide all relevant questions of law, to interpret constitutional 
and statutory provisions, and to determine the meaning or ap-
plicability of the terms of any action; 
limitations. 
1210 
PUBLIC LAW 90-615-OCT. 21, 1968 
[82 STAT. 
77 Stat. 479, 
612. 
Effective date. 
(2) to compel agency action unlawfully withheld or unrea-
sonably delayed; and 
(8) to hold unlawful and set aside any action or findings and 
conclusions found to be (A) arbitrary, capricious, an abuse of 
discretion, or otherwise not in accordance with law; (B) con-
trary to constitutional right, power, privilege, or immunity; (C) 
in excess of statutory jurisdiction, authority, or limitations or 
short of statutory jurisdiction, authority, or limitations or short of 
statutory rights; (D) without observance of procedure required 
by law, including any applicable procedure provided by this Act; 
or (E) unsupported by substantial evidence in the record of the 
proceedings before the court. 
In reviewing administrative orders and decisions, the court shall 
review such portions of the exclusive record as may be designated by 
any party. The court may invoke the rule of prejudicial error. Any 
party aggrieved by any judgment of the District of Columbia Court 
of Appeals under this Act may seek a review thereof hj the United 
States Court of Appeals for the District of Columbia Circuit in ac-
cordance with sections 11-321, 17-101, 17-102, 17-103, and 17-104 of 
the District of Columbia Code. 
SEC. 12. This Act shall become effective one year after the date 
of its enactment. 
Approved October 21, 1968. 
Public Law 90-615 
October 21, 1968 
[H. R. 7735] 
Alumina and 
bauxite. 
Duty suspen-
sion, extension. 
80 Stat. 192. 
46 Stat. 734. 
19 u s e 1514. 
72 Stat. 1346. 
26 u s e 5134. 
AN ACT 
To continue for three years the existing suspension of duties on certain alumina 
and bauxite, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America 
in Congress assembled. That (a) items 
907.15 (relating to aluminum oxide (alumina) when imported for 
use in producing aluminum), 909.30 (relating to bauxite, calcined), 
and 911.05 (relating to bauxite ore) of the Tariff Schedules of the 
United States (19 U.S.C. 1202) are each amended by striking out 
"7/15/68" and inserting in lieu thereof "7/15/71". 
(b) Tlie amendments made by subsection (a) shall apply with 
respect to articles entered, or withdrawn from warehouse, for con-
sumption after July 15, 1968. Upon request therefor filed with the 
customs officer concerned on or before the 120th day after the date 
of the enactment of this Act, entries and withdrawals of articles 
described in items 907.15, 909.30, and 911.05 of the Tariff Schedules of 
the United States (as amended by subsection (a)) which were made 
after July 15, 1968, and before the date of the enactment of this Act 
shall, notwithstanding the provisions of section 514 of the Tariff Act 
of 1930 or any other provision of law, be liquidated or reliquidated 
as though sucn entries or withdrawals had been made on the date of 
the enactment of this Act. 
SEC. 2. (a) Section 5134(b) of the Internal Revenue Code of 1954 
(relating to claims for drawback of distilled spirits taxes on account 
of certain nonbeverage uses) is amended by striking out in the last 
sentence thereof "3 months" and inserting in lieu thereof "6 months". 
(b) The amendment made by subsection (a) shall apply with respect 
to claims filed on or after the date of the enactment of this Act.