2018 District of Columbia Code
Title 47 - Taxation, Licensing, Permits, Assessments, and Fees. [Enacted title]
Chapter 28 - General License Law.
Subchapter I-B - Non-Health Related Occupations and Professions Licensure.
§ 47–2853.07. Appointment and tenure of board members.

Universal Citation: DC Code § 47–2853.07 (2018)

(a) The Mayor, with the consent of the Council, shall appoint the members of each board to serve a 3-year term of office. The members first appointed shall serve staggered terms made for one, 2, or 3 years so that approximately one-third of the membership of each board shall expire each year. Members of the boards shall serve until their successor is appointed. Members may be appointed to succeed themselves, provided, however, that no member shall be appointed to serve more than 3 full consecutive 3-year terms. The terms of members of a board, after the initial terms, shall expire on the third anniversary of the date the first members constituting a quorum take the oath of office. A vacancy on a board shall be filled in the same manner as the original appointment was made. A member appointed to fill a vacancy shall serve until the expiration of the term or until a successor is appointed and sworn into office, whichever is later.

(b) The nomination transmitted under subsection (a) of this section shall be considered in accordance with § 1-523.01.

(c) The Mayor may remove a member of a board for incompetence, misconduct, or neglect of duty. The failure of a member of a board to attend at least half of the regular scheduled meetings of the board within a 12-month period shall constitute neglect of duty within the meaning of this section.

(d) Board members shall meet the following requirements for appointment or tenure:

(1) The members of each board shall be residents of the District at the time of appointment and during their tenure on the board. Members of the Board of Real Estate also shall have been residents of the District for at least one year prior to their appointment.

(2) Each professional member of a board, in addition to the requirements of paragraph (1) of this subsection, shall have been engaged in the practice of the occupation or profession regulated by the board for at least 3 years preceding appointment. Notwithstanding the above, professional members of the Board of Real Estate shall each have been actively engaged in their field for not less than 5 years immediately prior to their appointment to the Board and shall remain active in their field during their tenure on the Board.

(3)(A) Each consumer member of a board, in addition to the requirements of paragraph (1) of this subsection, shall:

(i) Be at least 18 years of age;

(ii) Not be a practitioner of a profession or occupation supervised by that board, or in training to become one;

(iii) Not have a household member who is a practitioner of a profession or occupation supervised by that board, or in training to become one; and

(iv) Not own, operate, or be employed in or have a household member who owns, operates, or is employed in a business which has as its primary purpose the sale of goods or services to practitioners of a profession or occupation supervised by that board.

(B) Within the meaning of subparagraph (A) of this paragraph, the term “household member” means a relative, by blood or marriage, or a ward of a person, or someone who shares the person’s actual residence.

(e) The position of a member of a board shall be forfeited upon his or her failure to maintain the qualifications required by this subchapter.

(f) Each professional member of a board shall disqualify himself or herself from acting on his or her own application for licensure or license renewal or on any other matter related to his or her practice of an occupation or profession.

(Apr. 20, 1999, D.C. Law 12-261, § 1002, 46 DCR 3142.)

Prior Codifications

1981 Ed., § 47-2853.7.

Section References

This section is referenced in § 47-2853.08.

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