Page:United States Statutes at Large Volume 82.djvu/1246

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[82 STAT. 1204]
[82 STAT. 1204]
PUBLIC LAW 90-000—MMMM. DD, 1968


PUBLIC LAW 90-614-OCT. 21, 1968

[82 STAT.


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, other 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 Commissioner 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 Commissioner's, Council's, or agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or to describe the organization, 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 subsequent 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-