1903.1 Any ANC, person, group, licensee, or business organization may make a written request to the Board to issue a declaratory order in accordance with the DC APA regarding the applicability of the Act, this subtitle or any other statute or regulation enforceable by the Board, to terminate a controversy other than a contested case or to remove uncertainty regarding a specific factual situation. If the request for a declaratory order involves an existing settlement agreement, the Board, in its discretion, may decline to issue an order or require a party to provide notice of the request to the other signatories to an existing settlement agreement and permit the other parties to intervene in the matter.

1903.2 Any request for a declaratory order shall:

(a) Set forth a particular and specific set of facts; and

(b) State in detail the reasons for uncertainty as to the applicability of the Act, this title or other statutes enforceable by the Board or state in detail why a controversy exists.

1903.3 Any declaratory order issued by the Board shall state the Board's Findings of Fact and Conclusions of Law. If the circumstances so warrant, the declaratory order may include an order by the Board to the requestor to cease and desist any practice or activity which is violative of applicable statutes or this title.

1903.4 All facts asserted in a request for a declaratory order shall be supported by sworn affidavit of the requestor. If the Board determines that further facts are necessary, it shall request the requestor to provide those facts by written affidavit or may receive those facts by stipulation at a non-contested case fact-finding hearing.

1903.5 Any requestor may appeal the order by petitioning the Board, in writing, within twenty (20) calendar days after issuance of the declaratory order, to reconsider its order by setting forth, in detail, either newly discovered facts or legal arguments that show one (1) or more errors of law in the Board's order.

1903.6 All declaratory orders of the Board determined to be in the public interest in accordance with Section 9 of the DC APA (D.C. Official Code § 2-508), shall be published in the District of Columbia Register and shall be available for public inspection and copying at a reasonable charge at the offices of the Board.

SOURCE: Final Rulemaking published at 73 DCR 002136 (February 20, 2026).