ments of the statute under which they are adopted, may also vary from regulations issued under the authority of other of the 20 acts of Congress. In the August 1963 issue of the Journal of the Bar Association of the District of Columbia, in an article by Marion Edwyn Harrison, Esq., entitled "Licensing Procedures in the District of Columbia" (pp. 395-411), the situation which has come to exist is described as follows (page 402):

"V. A POTPOURRI OF PROCEDURES: THE DEPARTMENT OF OCCUPATIONS AND PROFESSIONS

"Occupations and professions in its present form was created by Reorganization Order No. 59 (1953), since amended, and it is an interesting and varied collection of committees, commissions and boards, with varying procedures, published and unpublished, and existing pursuant to various statutes and regulations. This variety stems partially from the collection of statutory enactments, seemingly created almost willy-nilly by Congress, and partly from the fact that the various committees, commissions and boards do not appear to correlate their activities or unduly to be aware of the existence of each other."

The other principal problem is that relating to the standards and requirements established by the various acts. Certain of them do not prescribe educational or experiential qualifications best designed to meet the needs of the public, as measured by present-day standards. Other standards relating to the grounds for the suspension or revocation of licenses are, in the view of the Commissioners, inadequate to protect the public interest. It is the recommendation of the Commissioners, that, in order to meet the needs of the public and to protect is interests, they be given authority to take action to improve and up-grade the educational and experiential requirements of the various acts, and to prescribe, for the suspension or revocation of licenses, standards which will adequately protect the interests of the general public.

We believe there is considerable need to revise and modernize most, if not all, of the 20 acts of Congress providing for the licensing, registration, or certification of persons engaging in certain professions, occupations, businesses, trades, or callings. The Commissioners believe, however, that even were the Congress able to undertake and accomplish a through, full-scale revision and modernization of these acts, the needs of the public would not fully be met, since the piecemeal revision and modernization of these acts would very likely continue in existence the present lack of uniformity in standards, requirements, and procedures. Further, the Commissioners believe there is need for consolidating, in one publication, a particular licensing act and the regulations issued under the authority of such act, so that persons affected thereby may readily inform themselves of the requirements of the licensing act and the regulations issued pursuant thereto. Accordinly, the Commissioners propose that they be authorized to issue regulations revising and modernizing certain specified Acts or parts of Acts of Congress establishing licensing procedures relating to persons engaging in certain occupations, professions, businesses, trades, and callings, and to provide for judicial review of final actions taken by the Commissioners with respect to the denial, suspension, or revocation of a license to engage in an occupation, profession, business, trade, or calling. Further, the Commissioners propose that they be authorized, in such regulations, to restate the language of the applicable statute together with the language of such additional implementing regulations as the Commissioners have adopted or may adopt pursuant to the authority contained in such statute, all to the end of making it more conveninet for persons affected by a particular licensing statute and the regulations issued pursuant thereto to acquaint themselves with the requirements of such statute and regulations, and to reduce to a minimum the differences in the qualifications and procedures established by such licensing statutes and their accompanying regulations.

In furtherance of the effort to meet a long-recognized need for a simplified method of accomplishing desired changes in the written requirements, policies, and procedures applicable to the various licensing programs administered by the Department of Occupations and Professions of the Government of the District of Columbia, the Commissioners have prepared a bill which would authorize them, after public hearing, to adopt regulations which would, in their form, be a combination of the language contained in a particular statute and the language of regulations adopted by the Commissioners under the authority of that statute, with such revisions and modernizations in the language of both the statute and such regulations as may, after such public hearing, be considered desirable. It would not be possible, however, under the bill, for the Commissioners to lower

those qualifications which, as of the effective date of the proposed legislation were established by any of the 20 acts of Congress specified in the bill. In short the bill is designed to authorize the Commissioners, by regulation, to revise an modernize some 20 acts of Congress, retaining or improving upon (or perhap in some cases deleting) the requirements and procedures established by th specified 20 acts of Congress, and retaining or improving (but not reducing) th qualifications for licensing established by such acts.

The bill consists of two titles. The first title (which, by its first section, denominated the "District of Columbia Licensing Procedures Act") provide for the revision and modernization of the 20 acts of Congress mentioned above The second section of this title is a declaration of policy stating that the Congres finds it desirable that the Commissioners revise and modernize procedures relatin to the licensing of persons engaged in certain occupations, professions, businesse trades, and callings, and that such licensing procedures shall be made as nearl uniform as may be feasible. The third section of the title authorizes the kind of action the Commissioners may take in connection with the revision and modern ization of these acts, but providing that no qualification established by the Com missioners in any regulation adopted by them under the authority of the Licensin Procedures Act shall result in the lowering of any like or similar qualificatio established by the 20 acts of Congress which were in effect immediately prior t the effective date of the proposed legislation. The fourth section of the tit lists the 20 acts of Congress which the Commissioners are empowered to revis and modernize. The fifth section of the title has the effect of transferring to th Commissioners from the U.S. District Court for the District of Columbia th function of denying, suspending, or revoking licenses issued under the authorit of four specified Acts of Congress. Finally, a sixth section of the title provide that prosecutions for the violation of any of the Acts of Congress or parts of Act specified in section 104, except the Healing Arts Practice Act, shall be conducte in the name of the District of Columbia by the Corporation Counsel. Pros cutions for violations of the Healing Arts Practice Act would continue to be b the U.S. Attorney, in view of the fact that the third and subsequent violation of such act are felonies.

Title II amends existing law in four respects, provides a saving clause, an establishes the effective date of the bill. The title's first section expands sectio 11-742 of the District of Columbia Code, providing for judicial review of fin decisions or orders made by the Commissioners or their agents in the administr tion of any of the acts or parts of acts specified in sections 104 and 105 of the bi and of any regulations adopted by the Commissioners pursuant to the authorit contained in such act. The second section of this title amends the act of June 1953, authorizing the Commissioners to fix certain licensing and registration fee so as to permit the Commissioners to take necessary action to revise and moderniz the fee schedule applicable to services or functions which the District of Columb may perform in connection with the administration of the acts of Congre specified in section 104 of the bill. The third and fourth sections of the tit amend two acts of Congress so as to make more appropriate references to th provisions of law relating to the judicial review of administrative actions take by and under authority of the District of Columbia Practical Nurses' Licensin Act and the Physical Therapists Practice Act. The fifth section provides saving clause, and the sixth section establishes the effective date of the act.

In order to meet the existing need for revision and modernization of many, not most, of certain acts of Congress, relating to the licensing by the District Columbia of persons engaged in certain occupations, professions, businesse trades, and callings, and to provide for the further revision of such acts as th need may arise, the Commissioners recommend enactment of the bill, containin in title I, the proposed District of Columbia Licensing Procedures Act.

The Commissioners have been advised by the Bureau of the Budget that, fro the standpoint of the administration's program, there is no objection to the su mission of this legislation to the Congress.

Sincerely yours,

WALTER N. TOBRINER,

President, Board of Commissioners, District of Columbia.

A BILL To revise and modernize procedures relating to the licensing by the District of Columbia of persons engaged in certain occupations, professions, businesses, trades, and callings, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-REVISION AND

MODERNIZATION OF DISTRICT OF

COLUMBIA LICENSING PROCEDURES

SEC. 101. That this title may be cited as the "District of Columbia Licensing Procedures Act".

SEC. 102. The Congress hereby finds it desirable that the Commissioners of the District of Columbia (hereinafter, "Commissioners") revise and modernize procedures relating to the licensing by the District of Columbia of persons engaged in certain occupations, professions, businesses, trades, and callings. The Congress further finds it to be in the interest of such licensees, of the general public, and of the Government of the District of Columbia that such licensing procedures be made as nearly uniform as may be feasible, depending on the circumstances involved in each type of license. Accordingly, the Congress intends by this act to vest in the Commissioners authority (1) to adopt and promulgate regulations revising and modernizing certain specified acts or parts of acts of Congress establishing licensing procedures relating to persons engaging in certain occupations, professions, businesses, trades, and callings, and (2) to provide for judicial review of final actions taken by the Commissioners with respect to the denial, suspension, or revocation of licenses to engage in occupations, professions, businesses, trades, or callings.

SEC. 103. (a) Notwithstanding any provision of law contained in the acts or parts of acts specified in section 104, the Commissioners, after consulting with such representatives of the affected occupation, profession, business, trade, or calling as they, in their discretion, consider necessary or desirable, are authorized to make, from time to time, usual and reasonable regulations which (1) prescribe new or different qualifications, or restate or redefine retained qualifications, for the licensing of persons to engage in the occupations, professions, businesses, trades, and callings affected by such acts or parts of acts, except that no qualification so established by the Commissioners shall result in the lowering of any like or similar qualification which, as of the date immediately preceding the effective date of this act, was established by the acts or parts of acts specified in section 104, (2) provide for the establishment of classes of any such license and the fixing of the license fee for each such class of license, (3) prescribe new or different grounds, or restate or redefine retained grounds, for the suspension or revocation of any such license, (4) prescribe new or different procedures, or restate or redefine retained procedures, for the granting, renewal, denial, suspension, or revocation of any such license, and (5) eliminate such licensing qualifications, such grounds for suspension or revocation of licenses, or such procedures which the Commissioners determine are no longer necessary or desirable for the granting, renewal, denial, suspension, or revocation of such licenses as are now required by such acts or parts of acts. The Commissioners are also authorized to make regulations (1) establishing the periods for which licenses are to be valid, and the beginning and ending dates of any such period, which may be for one year or for more or less than one year, (2) prescribing requirements for the periodic renewals of licenses, (3) prorating the fees charged for licenses, and (4) fixing penalties of a fine not exceeding $300 or imprisonment for not exceeding 90 days, or both such fine and imprisonment, for the violation of such regulations, including, without limitation, any violation of a provision prohibiting a person from falsely holding himself out, in any manner, as being either qualified or duly licensed under the authority of regulations adopted by the Commissioners pursuant to the provisions of this act. No regulation made pursuant to this act, shall be effective unless, prior to its adoption, a public hearing is held thereon.

(b) The authority vested in the Commissioners by this section shall be supplemental to, and shall, to the extent set forth in regulations adopted by the Commissioners, supersede the authority vested in them by the Acts or parts of Acts specified in section 104 as any of the said Acts or parts of Acts may have been modified by Reorganization Plan No. 5 of 1952 (66 Stat. 824). Except to the extent that any requirement or provision of or in any of the said Acts or parts of Acts is changed or eliminated by the Commissioners or is restated or redefined by them pursuant to authority contained in this section, each of the said Acts or part of an Act shall continue in full force and effect.

SEC. 104. The Acts or parts of Acts with respect to which the Commissioners are empowered to take the action authorized by section 103 are the following:

(1) An Act To regulate the practice of the healing art to protect the public health in the District of Columbia, approved February 27, 1929 (45 Stat. 1326), as amended (title 2, chapter 1, D.C. Code).

(2) An Act To amend the Act for the regulation of the practice of dentistry in the District of Columbia, and for the protection of the people from empiricism in relation thereto, approved June 6, 1892, and Acts amendatory thereof, approved July 2, 1940 (54 Stat. 716), as amended (title 2, chapter 3, D.C. Code).

(3) An Act To define the term of "registered nurse" and to provide for the registration of nurses in the District of Columbia, approved February 9, 1907 (34 Stat. 887), as amended (sections 2-401 through 411, D.C. Code). (4) The District of Columbia Practical Nurses' Licensing Act, approved September 6, 1960 (74 Stat. 803; sections 2-421 through 440, D.C. Code). (5) The Physical Therapists Practice Act approved September 22, 1961 (75 Stat. 578; sections 2-451 through 472, D.C. Code).

(6) An Act To regulate the practice of optometry in the District of Columbia, approved May 28, 1924 (43 Stat. 177; title 1, chapter 5, D.C. Code).

(7) An Act To regulate the practice of pharmacy and the sale of poisons in the District of Columbia, and for other purposes, approved May 7, 1906 (34 Stat. 175), as amended (title 2, chapter 6, D.C. Code).

(8) An Act To regulate the practice of podiatry in the District of Columbia, approved May 23, 1918 (40 Stat. 560), as amended (title 2, chapter 7, D.C. Code).

(9) An Act To regulate the practice of veterinary medicine in the District of Columbia, approved February 1, 1907 (34 Stat. 870), as amended (title 2 chapter 8, D.C. Code).

(10) An Act To create a board of accountancy for the District of Columbia. and for other purposes, approved February 17, 1923 (42 Stat. 1261), as amended (title 2, chapter 9, D.C. Code).

(11) An Act To provide for the examination and registration of architects and to regulate the practice of architecture in the District of Columbia, approved December 13, 1924 (43 Stat. 713), as amended (title 2, chapter 10, D.C. Code).

(12) The District of Columbia Barber Act, approved June 7, 1938 (52 Stat. 620), as amended (title 2, chapter 11, D.C. Code).

(13) An Act To regulate boxing contests and exhibitions in the District of Columbia, and for other purposes, approved December 20, 1944 (58 Stat. 823), as amended (title 2, chapter 12, D.C. Code).

(14) An Act To provide for the examination and licensing of those engag ing in the practice of cosmetology in the District of Columbia approved June 7, 1938 (52 Stat. 611; title 2, chapter 13, D.C. Code).

(15) An Act To regulate plumbing and gas fitting in the District of Columbia, approved June 28, 1898 (30 Stat. 477), as amended (title 2, chapter 14. D.C. Code).

(16) An Act To regulate steam-engineering in the District of Columbia. approved February 28, 1887 (24 Stat. 247), as amended (title 2, chapter 15. D.C. Code).

(17) The Professional Engineers' Registration Act, approved September 19, 1950 (64 Stat. 845), as amended (title 2, chapter 18, D.C. Code).

(18) An Act To define, regulate, and license real-estate brokers, business chance brokers, and real-estate salesmen; to create a Real Estate Commis sion in the District of Columbia; to protect the public against fraud in real-estate transactions; and for other purposes, approved August 25, 1937 (50 Stat. 787), as amended (title 45, chapter 14, D.C. Code).

(19) Paragraph 44A of section 7 of the Act approved July 1, 1902, as added by the Act approved August 1, 1947 (61 Stat. 711; sec. 47-2344a. D.C. Code), relating to the licensing of undertakers.

(20) Subsection (b) of the first section of the Act entitled "An Act To grant additional powers to the Commissioners of the District of Columbia, and for other purposes", approved December 20, 1944 (58 Stat. 819, 820), as amended (section 1-244(b), D.C. Code), relating to the bonding of persons, firms, and corporations, other than utility companies, engaged in the business of plumbing or gas fitting, or of installing, maintaining, or repairing heating, ventilat ing, air-conditioning, or mechanical refrigerating apparatus, equipment,

appliances, systems or parts thereof, or of installing, maintaining, or repairing apparatus, equipment, fixtures, appliances, or wiring, using or conducting electric current.

SEC. 105. (a) Notwithstanding anything to the contrary in any Act or part of an Act specified in subsection (b) of this section, the Commissioners are authorized, in accordance with regulations issued by them under the authority of this Act, to deny, suspend, or revoke, for such cause as may be set forth in such regulations, any of the licenses authorized by any of the said Acts or parts of Acts to be issued. Final decisions or orders of the Commissioners with respect to the denial, suspension, or revocation of any such license shall be subject to review by the District of Columbia Court of Appeals.

(b) The authority vested in the Commissioners by subsection (a) shall be exercised by them with respect to the following Acts of Congress:

(1) An Act To regulate the practice of the healing art to protect the public health in the District of Columbia, approved February 27, 1929 (45 Stat. 1326), as amended (title 2, chapter I, D.C. Code).

(2) An Act To amend the Act for the regulation of the practice of dentistry in the District of Columbia, and for the protection of the people from empiricism in relation thereto, approved June 6, 1892, and Acts amendatory thereof, approved July 2, 1940 (54 Stat. 716), as amended (title 2, chapter 3, D.C. Code).

(3) An Act to define the term of "registered nurse" and to provide for the registration of nurses in the District of Columbia, approved February 9, 1907 (34 Stat. 887) as amended (sections 2-401 through 411, D.C. Code).

(4) An Act To regulate the practice of podiatry in the District of Columbia, approved May 23, 1918 (40 Stat. 560), as amended (title 2, chapter 7, D.C. Code).

SEC. 106. All prosecutions for violations of any of the Acts or parts of Acts specified in section 104, except the Act approved February 27, 1929 (title 2, chapter 1, D.C. Code), and of regulations made by the Commissioners pursuant to this Act, shall be conducted in the name of the District of Columbia by the Corporation Counsel or any of his assistants.

TITLE II-AMENDMENTS OF EXISTING LAW, AND EFFECTIVE DATE SEC. 201. Section 11-742 of the D.C. Code is amended to read as follows: "§ 11-742. Administrative orders and decisions

"(a) In addition to other jurisdiction conferred upon it by law, the District of Columbia Court of Appeals has exclusive jurisdiction to review initially final decisions or orders made by the Commissioners of the District of Columbia or their designated agents in the administration of any of the Acts or parts of Acts specified in sections 104 and 105 of the District of Columbia Licensing Procedures Act and of any regulation adopted by the Commissioners pursuant to the authority contained in such District of Columbia Licensing Procedures Act modifying any of the said Acts or parts of Acts of Congress.

"(b) A party aggrieved by any such final decision or order specified by subsection (a) of this section may obtain a review thereof in the District of Columbia Court of Appeals.

"(c) Upon the filing of a written petition for review praying that a final decision or order specified by this section be set aside, the District of Columbia Court of Appeals has jurisdiction of the proceeding."

SEC. 202. The preview of the Act entitled "An Act to authorize the Commissioners of the District of Columbia to fix certain licensing and registration fees", approved June 5, 1953 (67 Stat. 43; §§ 1-252 and 253, D.C. Code), is amended to read as follows:

"That the Commissioners of the District of Columbia may, from time to time, after public hearing, increase, decrease, or abolish the fees authorized to be charged by each of the Acts or parts of Acts listed in section 104 of the District of Columbia Licensing Procedures Act, or authorized by this section, and in addition to or in lieu of such fees, from time to time to establish fees for services or functions performed by or required of the District of Columbia under the authority of st regulations adopted by the Commissioners pursuant to the District of Columbia Licensing Procedures Act, or for services or functions performed by or required of the District of Columbia under existing law and for which no fee is prescribed by law, with any such fee, as so increased, decreased, established, or added, to be in an amount which, taken with the other fees or charges imposed under the authority contained in each such Act or part of Act, will result in such amount