District of Columbia Code
Chapter 7C - Department on Disability Services
§ 7–761.09. Rulemaking and contracting authority

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules as necessary to implement the provisions of this chapter.
(a-1)(1) Within 45 days after October 8, 2016, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of §§ 7-761.05b and 7-761.05c, including rules establishing who has the ability to pay the contribution to costs of supports, the amount to be collected, the method and timing of payments to DDS for such purposes, and due process protections.
(2) The proposed rules shall be submitted to the Council for a 45-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 45-day period of review, the proposed rules shall be deemed approved.
(a-2)(1) Within 45 days after May 5, 2018, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of § 7-761.13.
(2) The proposed rules shall be submitted to the Council for a 45-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 45-day period of review, the proposed rules shall be deemed approved.
(a-3) Within 120 days of federal approval of the Medicaid waiver amendment contemplated under § 7-761.07(c), the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement § 7-761.07(c).
(b) Pursuant to Unit A of Chapter 3 of Title 2, the Mayor may execute contracts, grants, and other legally binding documents to implement the provisions of this chapter.
(Mar. 14, 2007, D.C. Law 16-264, § 109, 54 DCR 818; Oct. 8, 2016, D.C. Law 21-160, § 5022(c), 63 DCR 10775; May 5, 2018, D.C. Law 22-93, § 101(b), 65 DCR 2823; May 18, 2022, D.C. Law 24-117, § 2(h), 69 DCR 002653.)
Section 7139 of D.C. Law 24-167 amended section 4 of D.C. Law 24-117 removing the applicability provision impacting this section. Therefore the amendment of this section by section 2(h) of Law 24-117 has been implemented.
Applicability of D.C. Law 24-117: § 4 of D.C. Law 24-117 provided that the change made to this section by § 2(h) of D.C. Law 24-117 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.
For temporary (90 day) addition, see § 109 of Developmental Disabilities Services Management Reform Emergency Amendment Act of 2006 (D.C. Act 16-672, December 28, 2006, 54 DCR 1155).

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