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The DC Code: § 1-309.10 Advisory Neighborhood Commissions-Duties and responsibilities; notice; great weight; access to documents; reports; contributions.

Index1 Government Organization. (Refs & Annos)
a
Each Advisory Neighborhood Commission ("Commission") may advise the Council of the District of Columbia, the Mayor and each executive agency, and all independent agencies, boards and commissions of the government of the District of Columbia with respect to all proposed matters of District government policy including, but not limited to, decisions regarding planning, streets, recreation, social services programs, education, health, safety, budget, and sanitation which affect that Commission area. For the purposes of this part, proposed actions of District government policy shall be the same as those for which prior notice of proposed rulemaking is required pursuant to § 2-505(a) or as pertains to the Council of the District of Columbia.
b
Thirty days written notice, excluding Saturdays, Sundays and legal holidays of such District government actions or proposed actions, including (1) the intent to acquire an interest in real property, either through purchase or lease or (2) the intent to change the use of property owned or leased by or on behalf of the government, shall be given by first-class mail to the Office of Advisory Neighborhood Commissions, each affected Commission, the Commissioner representing a single-member district affected by said actions, and to each affected Ward Councilmember, except where shorter notice on good cause made and published with the notice may be provided or in the case of an emergency and such notice shall be published in the District of Columbia Register. In cases in which the 30-day written notice requirement is not satisfied, notification of such proposed government action or actions to the Commissioner representing the affected single-member district shall be made by mail. The Register shall be made available, without cost, to each Commission. A central record of all such notices shall be held by the Office of Advisory Neighborhood Commissions.
c
(1) Proposed District government actions covered by this part shall include, but shall not be limited to, actions of the Council of the District of Columbia, the executive branch, or independent agencies, boards, and commissions. In addition to those notices required in subsection (a) of this section, each agency, board and commission shall, before the award of any grant funds to a citizen organization or group, before the transmission to the Council of a proposed revenue bond issuance, or before the formulation of any final policy decision or guideline with respect to grant applications, comprehensive plans, requested or proposed zoning changes, variances, public improvements, licenses, or permits affecting said Commission area, the District budget and city goals and priorities, proposed changes in District government service delivery, and the opening of any proposed facility systems, provide to each affected Commission notice of the proposed action as required by subsection (b) of this section. Each District of Columbia government entity shall maintain a record of the notices sent to each Commission pursuant to subsection (b) of this section.
2
(A) The Alcoholic Beverage Control Board ("ABC Board") or its designee shall give notice to Advisory Neighborhood Commissions, the Office of Advisory Neighborhood Commissions, the Commission or Commissions representing the area within 600 feet of where the applicant's establishment is located, and the Commissioner representing an affected single-member district at least 45 calendar days prior to a hearing on applications for issuance or renewal of retailer's licenses, class A, B, C/R, C/T, C/N, C/H, C/X, D/R, D/T, D/N, D/H, D/X, and consumption licenses for clubs, or for transfer of a license of any of these classes to a different location. The ABC Board or its designee party shall give notice by first-class mail, posted not less than 5 calendar days prior to the first day of the 45-calendar-day notice period, and addressed to:
i
The Commission office, with sufficient copies of the notice for distribution to each Commissioner;
ii
The Chairperson of the Commission at his or her home address of record; and
iii
The Commissioner in whose single-member district the establishment is located at his or her home address of record.
B
In addition, the ABC Board shall provide to each Commission office, on a quarterly basis, a printed list of all Alcohol Beverage Control licenses due to expire in the ensuing 6 months. An Advisory Neighborhood Commission may object to the application in the manner set forth in § 25-115(c) and (e).
3
The Department of Consumer and Regulatory Affairs shall ensure that each affected Commission, the Commissioner representing the affected single member district, the affected ward Councilmember, and the Office of Advisory Neighborhood Commissions is provided a current list at least twice a month of applications for construction, demolition, raze, and public space permits. The list may be provided by electronic or first-class mail; provided, that the notice to the affected Commission shall be by first-class mail unless the affected Commission agrees in writing to receive electronic mail notifications.
4
The Office of Zoning shall ensure that each affected Commission, the Commissioner representing the affected single member district, the affected ward Councilmember, and the Office of Advisory Neighborhood Commissions is provided notice of applications, public hearings, proposed actions, and actions on all zoning cases. The notice may be provided by electronic or first-class mail; provided, that the notice to the affected Commission shall be by first-class mail unless the affected Commission agrees in writing to receive electronic mail notifications.
d
(1) Each Commission so notified pursuant to subsections (b) and (c) of this section of the proposed District government action or actions shall consider each such action or actions in a meeting with notice given in accordance with § 1-309.11(c) which is open to the public in accordance with §1- 309.11(g). The recommendations of the Commission, if any, shall be in writing and articulate the basis for its decision.
2
At the close of business of the day after which the notice period concludes as provided in subsection (b) or (c) of this section, the affected District government entity may proceed to make its decision.
3
(A) The issues and concerns raised in the recommendations of the Commission shall be given great weight during the deliberations by the government entity. Great weight requires acknowledgement of the Commission as the source of the recommendations and explicit reference to each of the Commission's issues and concerns.
B
In all cases the government entity is required to articulate its decision in writing. The written rationale of the decision shall articulate with particularity and precision the reasons why the Commission does or does not offer persuasive advice under the circumstances. In so doing, the government entity must articulate specific findings and conclusions with respect to each issue and concern raised by the Commission. Further, the government entity is required to support its position on the record.
C
The government entity shall promptly send to the Commission and the respective ward Councilmember a copy of its written decision.
4
Oral testimony shall be followed as if provided in advance in writing as required by paragraph (1) of this subsection when accompanied within 7 days by written documentation approved by the respective Commission, which supports the testimony.
e
Reserved.
f
Each Commission may present its views to any federal or District agency.
g
The Commission shall not have the power to initiate a legal action in the courts of the District of Columbia or in the federal courts, provided that this limitation does not apply to or prohibit any Commissioner from bringing suit as a citizen.
h
(1) Each Commission may initiate its own proposal for District government action. The District government entity to which the proposal is made shall acknowledge the proposal in writing to the initiating Commission within 10 days of receipt of the proposal and shall issue a status report to the initiating Commission within 60 days of receipt.
2
Any Commission may hold public hearings on requested or proposed government actions. Commissions may invite public witnesses from any executive or independent entity to testify before the Commission. Within 45 days of the close of the public hearing, the Commission may submit to the Council a report detailing the Commission's findings and recommendations to be included in any public record of the proposed government action.
i
(1) Each Commission shall have access to District government officials and to all District government official documents and public data pursuant to § 2-531 et seq. that are material to the exercise of its development of recommendations to the District government.
2
The Mayor shall provide to all Commissions, at no cost, current zoning and alcohol beverage control regulations, and any other regulations requested in writing by the respective Commission not available electronically, in order for Commissioners to adequately perform their responsibilities.
j
(1) On or before November 30 of each year, each Commission may file an annual report with the Council and the Mayor for the preceding fiscal year. Such report shall include, but shall not be limited to:
A
Summaries of important problems perceived by the Commission in order of their priority;
B
Recommendations for actions to be taken by the District government;
C
Recommendations for improvements on the operation of the Commissions;
D
Financial report; and
E
A Summary of Commission activities.
2
Minority reports may be filed.
k
Reserved.
l
No Commission may solicit or receive funds unless specifically authorized to do so by the Council, except that receipt of individual contributions of $1,000 or less need not be approved by the Council. No person shall make any contribution, nor shall a Commission receive any contribution from any person which, when aggregated with all other contributions received from that person, exceeds $1,000 per calendar year. Each Commission shall file with its quarterly reports to the District of Columbia Auditor required pursuant to § 1- 309.13(j) details of all contributions received during the relevant period of time.
m
Each Commission shall monitor complaints of Commission area residents with respect to the delivery of District government services and file comments on same with the appropriate District government entity and the Council.
n
Each Commission shall develop an annual fiscal year spending plan budget for the upcoming fiscal year within 60 days of notification of the amount of the Commission's annual allotment. Prior to adoption of the budget at a public meeting, the Commission shall present the budget at a public meeting of the Commission to elicit comments from the residents of the Commission area.
o
Each Commission may, where appropriate, constitute the citizen advisory mechanism required by any federal statute (unless specifically prohibited by federal statute).
p
Each Commission that adopts recommendations regarding legislation pending before the Council shall forward a copy of the recommendations to the Office of Advisory Neighborhood Commissions ('Office') and to the Secretary to the Council within 14 days after adoption. The Office shall keep a publicly accessible file of all Commission recommendations submitted pursuant to this subsection.

Historical and Statutory

Prior Codifications 1981 Ed., § 1-261. 1973 Ed., § 1-171i. Effect of Amendments D.C. Law 13-135, in the section name line added "notice; great weight; access to documents; reports; contributions", and rewrote the section, which formerly read: "(a) Each Advisory Neighborhood Commission (hereinafter in §§ 1-261 to 1-264 the 'Commission') may advise the Council of the District of Columbia, the Mayor and each executive agency, and all independent agencies, boards and commissions of the government of the District of Columbia with respect to all proposed matters of District government policy including decisions regarding planning, streets, recreation, social services programs, education, health, safety and sanitation which affect that Commission area. For the purposes of this act, proposed actions of District government policy shall be the same as those for which prior notice of proposed rulemaking is required pursuant to § 1-1506(a) or as pertains to the Council of the District of Columbia. "(b) Thirty days written notice of such District government actions or proposed actions shall be given by mail to each Commission affected by said actions, except where shorter notice on good cause made and published with the notice may be provided or in the case of an emergency and such notice shall be published in the District of Columbia Register. The Register shall be made available, without cost, to each Commission. "(c)(1) Proposed District government actions covered by this act shall include, but shall not be limited to, actions of the Council of the District of Columbia, the executive branch, or independent agency. In addition to those notices required in subsection (a) of this section, each agency, board and commission shall, before the award of any grant funds to a citizen organization or group, or before the formulation of any final policy decision or guideline with respect to grant applications, comprehensive plans, requested or proposed zoning changes, variances, public improvements, licenses, or permits affecting said Commission area, the District budget and city goals, and priorities, proposed changes in District government service delivery, and the opening of any proposed facility systems, provide to each affected Commission notice of the proposed action as required by subsection (b) of this section. Each District of Columbia agency shall maintain a record of such notices sent to each Commission. "(2) The Alcoholic Beverage Control Board shall give notice to Advisory Neighborhood Commissions at least 45 calendar days prior to a hearing on applications for issuance or renewal of retailer's licenses, class A, B, C/R, C/T, C/N, C/H, C/X, D/R, D/T, D/N, D/H, D/X, and consumption licenses for clubs, or for transfer of a license of any of these classes to a different location. The notice shall be given to the Advisory Neighborhood Commission representing the area in which the applicant's establishment is located. The Board shall give notice by first-class mail, posted not less than 5 calendar days prior to the first day of the 45-calendar-day notice period, and addressed to the Commission office, with sufficient copies of the notice for distribution to each Commission member, the Chairperson of the Commission at his or her home address of record, and the Commission member in whose single-member district the establishment is located at his or her home address of record. In addition, the Board shall provide to each Commission office, on a quarterly basis, a printed list of all ABC licenses due to expire in the ensuing 6 months. An Advisory Neighborhood Commission may object to the application in the manner set forth in § 25-115(c) and (e). "(3) The Department of Licenses, Investigation and Inspections shall ensure that each affected Advisory Neighborhood Commission is provided regularly by mail with a current list of applications for construction and demolition permits within the boundaries of that Advisory Neighborhood Commission. "(d) Each Commission so notified pursuant to subsections (b) and (c) of this section of proposed District government action or actions shall consider each such action or actions in a meeting with notice given in accordance with § 1- 262(c) which is open to the public in accordance with § 1-262(g). At the close of business of the 31st day from mailing of such written notice or earlier if such limited publication has been provided, the affected District government entity may proceed to make its decision. The issues and concerns raised in the recommendations of the Commission shall be given great weight during the deliberations by the governmental agency and those issues shall be discussed in the written rationale for the governmental decision taken. "Great weight " requires acknowledgement of the Commission as the source of the recommendations, and requires explicit reference to each ANC issue and concern as such as well as specific findings and conclusions with respect to each. "(e) Repealed. "(f) Each Commission may present its views to any federal or District agency. "(g) The Commission shall not have the power to initiate a legal action in the courts of the District of Columbia or in the federal courts, provided that this limitation does not apply to or prohibit any Commissioner from bringing suit as a citizen. The Commission may petition the Council through the Special Committee on Advisory Neighborhood Commissions or such successor committee should the Commission feel legal redress is required. "(h) Each Commission may initiate its own proposal for District government action. The District government entity to which the proposal is made shall acknowledge the proposal in writing to the initiating Commission within 10 days of receipt of the proposal and shall issue a status report to the initiating Commission within 90 days of receipt. "(i) Each Commission shall have access to District government officials and to all District government official documents and public data pursuant to Commissioner's Order No. 71-370 that are material to the exercise of its development of recommendations to the District government. "(j)(1) On or before November 30 of each year, each Commission shall file an annual report with the Council of the District of Columbia and the Mayor for the preceding fiscal year. Such report shall include, but shall not be limited to: "(A) Summaries of important problems perceived by the Commission and in the order of their priority; "(B) Recommendations for actions to be taken by District government; "(C) Recommendations for improvements on the operation of the Commissions; "(D) Financial report; and "(E) Summary of Commission activities. "(2) Minority reports may be filed. "(k) Other than neighborhood or community enhancement campaigns, Commissions may operate programs only in conjunction with existing governmental activities, provided that such activities on behalf of the Commissions do not duplicate already available programs or services, and further provided that the Commissions' programs are not conducted on a contractual basis with existing governmental agencies. "(l) No Commission may solicit or receive funds unless specifically authorized to do so by the Council, except that receipt of individual contributions of $400 or less need not be approved by the Council. No person shall make any contribution, nor shall a Commission receive any contribution from any person which, when aggregated with all other contributions received from that person, exceeds $400 per calendar year. Each Commission shall include in the Commission's annual report required pursuant to subsection (j) of this section a report of all contributions received in the previous fiscal year. "(m) Each Commission shall monitor complaints of Commission area residents with respect to the delivery of the District government services and file comments on same with the appropriate District government entity as well as the Council. "(n) Each Commission shall develop an annual fiscal year spending plan budget for the upcoming fiscal year and submit the budget to the Mayor and Council within 60 days of notification of the amount of the Commission's annual allotment. Prior to adoption of the budget at a public meeting of the Commission and submission of the budget to the Mayor and Council, the Commission shall present the budget at a public meeting of the Commission to elicit comments from the residents of the Commission area. "(o) Each Commission may, where appropriate, constitute the citizen advisory mechanism required by any federal statute (unless specifically prohibited by federal statute)." D.C. Law 14-79, in subsec. (l), substituted "$1000" for "$400"in two places. D.C. Law 14-310, in subsec. (c)(1), inserted "before the transmission to the Council of a proposed revenue bond issuance," after "organization or group,". D.C. Law 15-187, in subsec. (c)(2)(A), substituted "The Alcoholic Beverage Control Board ('ABC Board') or its designee shall give notice to Advisory Neighborhood Commissions, the Office of Advisory Neighborhood Commissions, the Commission or Commissions representing the area within 600 feet of where the applicant's establishment is located, and the Commissioner representing an affected single-member district at least 45 calendar days prior to a hearing on applications for issuance or renewal of retailer's licenses, class A, B, C/R, C/T, C/N, C/H, C/X, D/R, D/T, D/N, D/H, D/X, and consumption licenses for clubs, or for transfer of a license of any of these classes to a different location." for "The Alcoholic Beverage Control Board ('ABC Board') or its designee shall give notice to Advisory Neighborhood Commissions, the Office of Advisory Neighborhood Commissions, the Commission representing the area in which the applicant's establishment is located, and the Commissioner representing an affected single-member district at least 45 calendar days prior to a hearing on applications for issuance or renewal of retailer's licenses, class A, B, C/R, C/T, C/N, C/H, C/X, D/R, D/T, D/N, D/H, D/X, and consumption licenses for clubs, or for transfer of a license of any of these classes to a different location." D.C. Law 15-349, in subsec. (b), substituted "District government actions or proposed actions, including (1) the intent to acquire an interest in real property, either through purchase or lease or (2) the intent to change the use of property owned or leased by or on behalf of the government," for "District government actions or proposed actions". D.C. Law 18-111 added subsecs. (c)(3) and (4). D.C. Law 19-102 added subsec. (p). Temporary Amendments of Section For temporary (225 day) amendment of section, see § 2 of Advisory Neighborhood Commission Annual Contribution Temporary Amendment Act of 2001 (D.C. Law 14-60, January 24, 2002, law notification 49 DCR 989). Temporary Addition of Section Section 2 of D.C. Law 19-3 added a section to read as follows: "Sec. 2. A plan to train Advisory Neighborhood Commissioners. "(a) Within 90 days of the effective date of the One City Service and Response Training Emergency Act of 2011, effective February 15, 2011 (D.C. Act 19-16; 58 DCR ___), the Mayor shall submit a plan to the Council on instituting a program to train Advisory Neighborhood Commissioners in responding to emergency situations to assist the efforts of the Homeland Security and Emergency Management Agency and other applicable emergency response agencies. "(b) In addition to other emergency situation training, the plan shall include training to properly respond to snow emergencies and down, or damaged, power lines." Section 4(b) of D.C. Law 19-3 provides that the act shall expire after 225 days of its having taken effect. Emergency Act Amendments For temporary (90 day) amendment of section, see § 2 of Advisory Neighborhood Commissions Annual Contribution Emergency Amendment Act of 2001 (D.C. Act 14- 125, August 3, 2001, 48 DCR 7932). For temporary (90 day) amendment of section, see § 2 of Advisory Neighborhood Commissions Annual Contribution Legislative Review Emergency Amendment Act of 2001 (D.C. Act 14-162, November 2, 2001, 48 DCR 10402). For temporary (90 day) amendment of section, see § 2011 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 § 2011 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345). Legislative History of Laws For legislative history of D.C. Law 1-21, see Historical and Statutory Notes following § 1-309.01. Law 1-58 was introduced in Council and assigned Bill No. 1-193, which was referred to the Committee on Advisory Neighborhood Commissions. The Bill was adopted on first and second readings on December 2, 1975 and December 16, 1975, respectively. Signed by the Mayor on January 9, 1976, it was assigned Act No. 1-85 and transmitted to both Houses of Congress for its review. Law 1-120 was introduced in Council and assigned Bill No. 1-340, which was referred to the Committee on the Judiciary and the Committee on Criminal Law. The Bill was adopted on first and second readings on November 23, 1976 and December 7, 1976, respectively. Enacted without signature by the Mayor on January 1, 1977, it was assigned Act No. 1-206 and transmitted to both Houses of Congress for its review. Law 2-30 was introduced in Council and assigned Bill No. 2-72, which was referred to the Committee on Advisory Neighborhood Commissions. The Bill was adopted on first and second readings on June 28, 1977 and July 12, 1977, respectively. Signed by the Mayor on August 5, 1977, it was assigned Act No. 2-67 and transmitted to both Houses of Congress for its review. Law 7-104 was introduced in Council and assigned Bill No. 7-346, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on Nov. 24, 1987 and DeC. 8, 1987, respectively. Signed by the Mayor on DeC. 22, 1987, it was assigned Act No. 7-124 and transmitted to both Houses of Congress for its review. For legislative history of D.C. Law 8-203, see Historical and Statutory Notes following § 1-309.14. For legislative history of D.C. Law 9-174, see Historical and Statutory Notes following § 1-309.06. Law 12-91, the "Advisory Neighborhood Commissions Quorum Definition Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-263, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on December 4, 1997, and January 6, 1998, respectively. Signed by the Mayor on January 26, 1998, it was assigned Act No. 12-263 and transmitted to both Houses of Congress for its review. D.C. Law 12- 91 became effective on April 29, 1998. For Law 13-135, see notes following § 1-309.01. Law 14-79, the "Advisory Neighborhood Commissions Annual Contribution Amendment Act of 2001", was introduced in Council and assigned Bill No. 14-150, which was referred to the Committee on Public Services. The Bill was adopted on first and second readings on October 2, 2001, and November 6, 2001, respectively. Signed by the Mayor on November 29, 2001, it was assigned Act No. 14-199 and transmitted to both Houses of Congress for its review. D.C. Law 14-79 became effective on March 6, 2002. For Law 14-310, see notes following § 1-307.63. Law 15-187, the "Omnibus Alcoholic Beverage Amendment Act 2004", was introduced in Council and assigned Bill No. 15-516, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on April 20, 2004, and May 18, 2004, respectively. Signed by the Mayor on June 23, 2004, it was assigned Act No. 15-442 and transmitted to both Houses of Congress for its review. D.C. Law 15-187 became effective on September 30, 2004. Law 15-349, the "Notice Requirement for Publicly Funded Building Projects Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-635 which was referred to the Committee Public Services. The Bill was adopted on first and second readings on November 9, 2004, and December 21, 2004, respectively. Signed by the Mayor on January 19, 2005, it was assigned Act No. 15-743 and transmitted to both Houses of Congress for its review. D.C. Law 15- 349 became effective on April 13, 2005. For Law 18-111, see notes following § 1-301.181. Law 19-102, the ""Public Notice of Advisory Neighborhood Commissions Recommendations Amendment Act of 2012", was introduced in Council and assigned Bill No. 19-91, which was referred to the Committee on Aging and Community Affairs. The Bill was adopted on first and second readings on December 6, 2011, and January 4, 2012, respectively. Signed by the Mayor on January 20, 2012, it was assigned Act No. 19-277 and transmitted to both Houses of Congress for its review. D.C. Law 19-102 became effective on March 14, 2012. References in Text Section 25-115, referred to in subsection (c)(2)(B) of this section, is part of Title 25, D.C. Code, which title was amended and enacted by D.C. Law 13-298, effective May 3, 2001. For disposition of the subject matter of former Title 25, see the Disposition Table preceding § 25-101. Transfer of Functions The functions of the Department of Licenses, Investigations, and Inspections were transferred to the Department of Consumer and Regulatory Affairs by Reorganization Plan No. 1 of 1983, effective March 31, 1983. Miscellaneous Notes Authorization for the solicitation and acceptance of grant monies by Advisory Neighborhood Commission 2D: Pursuant to §§ 2 and 3 of D.C. Law 10-130, the Council authorized Advisory Neighborhood Commission 2D to solicit and accept grant monies for the funding of an employee to research development proposals within its boundaries. Section 4(b) of D.C. Law 10-130 provided that the act expires on December 31, 1995. Short title: Section 2010 of D.C. Law 18-111 provided that subtitle B of title II of the act may be cited as the "Expedited Advisory Neighborhood Commissions Notification Amendment Act of 2009". DC CODE § 1-309.10 Current through December 11, 2012

Credits

(Oct. 10, 1975, D.C. Law 1-21, § 13, as added Mar. 26, 1976, D.C. Law 1- 58, § 2, 22 DCR 5454; Apr. 19, 1977, D.C. Law 1-120, § 3, 23 DCR 9924; Oct. 26, 1977, D.C. Law 2-30, § 2(a), (b), 24 DCR 3723; Apr. 30, 1988, D.C. Law 7-104, § 37, 35 DCR 147; Mar. 6, 1991, D.C. Law 8-203, § 3(c), 37 DCR 8420; Oct. 3, 1992, D.C. Law 9-174, § 3(b), 39 DCR 5859; Apr. 29, 1998, D.C. Law 12-91, § 2(a), 45 DCR 1312; Jun. 27, 2000, D.C. Law 13-135, § 3(a), 47 DCR 2741; Mar. 6, 2002, D.C. Law 14-79, § 2, 48 DCR 11266; June 12, 2003, D.C. Law 14-310, § 3, 50 DCR 1092; Sept. 30, 2004, D.C. Law 15- 187, § 104, 51 DCR 6525; Apr. 13, 2005, D.C. Law 15-349, § 2, 52 DCR 1997; Mar. 3, 2010, D.C. Law 18-111, § 2011, 57 DCR 181; Mar. 14, 2012, D.C. Law 19-102, § 2, 59 DCR 430.)