102.1 Board members are charged with providing ultimate oversight over the activities and affairs of the agency. Members should make every effort to ensure their participation in all Board activities.

102.2 Board attendance is directly correlated to Board participation and thereby to the success of the agency and its mission. All Board members are expected to be physically present at all scheduled meetings unless some other form of attendance has been approved by the Chair.

102.3 Except as provided otherwise by statute, a quorum of the Board shall consist of no fewer than two (2) members of the Board and shall be necessary to conduct official Board business. At the discretion of the Chairperson, any member may participate in a meeting of the Board by means of a video conference, telephone conference, or by any means of communication by which all persons participating in the meeting are able to hear one another, and such participation shall constitute presence in person at the meeting.

102.4 At the beginning of each calendar year, a preliminary schedule of regular meetings for the year, which the Board has discretion to change, shall be published in the District of Columbia Register. The publication of this schedule shall serve as proper legal notice of all of the Board's regular meetings. Regularly scheduled Board meetings shall be held on the first Wednesday of each month, or at least once each month, at a time and place to be determined by the Board. Additional meetings may be called as needed by the Board. Notice of additional meetings or notice of changes to regularly scheduled meetings shall be published on the Board's website at least forty-eight (48) hours in advance, except in the case of emergency.

102.5 The meetings of the Board shall be open to the public, with the exception of executive sessions pursuant to D.C. Official Code § 1-1001.05(a-1)(3) and the rules of this title.

102.6 The Board may hold a pre-meeting executive session immediately prior to commencing a regular meeting for the sole purpose of administrative action, which does not include the deliberation or taking of official action.

102.7 The proposed agenda for each Board meeting shall be posted on its website at least twenty-four (24) hours prior to the meeting. Copies of the agenda shall be available to the public at the meeting. Nothing in this section shall preclude the Board from amending the agenda at the meeting.

102.8 Meeting minutes are a matter of public record and shall include the vote of each

member on each action. A draft of the minutes from each Board meeting shall be posted on the Board's website prior to the next regular meeting. Such draft shall be finalized after the official transcript from the Board meeting has been reviewed and its contents incorporated, if necessary, into the minutes. The final version of the meeting minutes shall be available electronically or in hard copy through the Office of the General Counsel.

102.9 Meeting transcripts shall be recorded stenographically under the supervision of the Office of General Counsel, or by other means, by an official reporter who may be designated from time-to-time by the Board. Transcripts shall be open for inspection in the Office of the General Counsel and on the Board's website. Paper copies of the official transcript shall be available upon payment to the Board of the charges fixed for copies otherwise provided through information requests except that the Office of General Counsel may waive the fee for parties appearing at a meeting in a contested matter.

102.10 The Board encourages comments on any issue under the jurisdiction of the Board at its regular meetings and will provide the public with a reasonable opportunity to appear before the Board and offer such comments.

102.11 To ensure the orderly conduct of public Board meetings, public comments may be limited with respect to the number of speakers permitted and the amount of time allotted to each speaker; however, the Board will not discriminate against any speaker on the basis of his or her position on a particular matter.

102.12 Any member of the public who intends to comment regarding any agenda item or any issue under the jurisdiction of the Board is encouraged to notify the Board in advance of his or her intent to do so, providing his or her name and the topic on which he or she wishes to speak. Such notification may be provided to the Office of the General Counsel. No person shall be prevented from speaking at a Board meeting simply because he or she has not provided advance notice of his or her intent to do so.

102.13 Members of the public who wish to submit items for consideration by the Board shall do so in writing one (1) week in advance. Failure to submit an item in advance as required may, within the Board's discretion, result in the matter being continued until the next regularly scheduled meeting.

102.14 Meetings may be adjourned from time-to-time. If the time and place of resumption is publicly announced when the adjournment is ordered, no further notice shall be required.

102.15 Any remedy for an allegedly improperly closed meeting or a defect in notice shall be limited to that provided in D.C. Official Code § 2-579.

SOURCE: Final Rulemaking published at 28 DCR 1726 (April 17, 1981), incorporating by reference the text of Proposed Rulemaking published at 28 DCR 684, 687 (February 13, 1981); as amended by Final Rulemaking published at 30 DCR 5289, 5290 (October 14, 1983); as amended by Final Rulemaking published at 46 DCR 6976 (August 27, 1999); as amended by Final Rulemaking published at 55 DCR 8795 (August 15, 2008); as amended by Final Rulemaking published at 56 DCR 3937 (May 15, 2009); as amended by Final Rulemaking published at 57 DCR 3263 (April 16, 2010); as amended by Final Rulemaking published at 62 DCR 14744 (November 13, 2015); as amended by Final Rulemaking published at 63 DCR 11871 (September 30, 2016); as amended by Final Rulemaking published at 65 DCR 6543 (June 15, 2018); as amended by Final Rulemaking published at 70 DCR 012730 (September 22, 2023); as amended by Final Rulemaking published at 70 DCR 015793 (December 15, 2023).