§ 38–1304. Higher Education Licensure Commission — Composition; terms; vacancies; meetings; compensation.

(a) The Commission shall consist of 5 members who shall be appointed by the Mayor.

(b) Each member of the Commission shall be a bona fide resident of the District of Columbia and shall serve for a term of 3 years, except that of the members first appointed to the Commission, 3 members shall be appointed to serve for a term of 2 years and 2 members shall be appointed to serve for a term of 3 years, to be determined by lot. Members may not be appointed to serve for more than 2 consecutive terms; provided, that a member may serve in a hold-over capacity for no more than 180 days after the expiration of the member’s second full consecutive term. Any person appointed to fill a vacancy on the Commission shall be appointed to serve the remainder of the term in the same manner as the original selection. Persons appointed to fill the remainder of a term, where the remainder is less than one-half of the original term, may be reappointed to 2 full terms.

(c) Any member of the Commission who is or has been, within 12 months of appointment, an officer, employee, student, trustee, or member of the governing board of an educational institution operating in the District of Columbia that is subject to licensure by the Commission or has a financial interest in an educational institution subject to licensure shall not participate in any matter before the Commission concerning the institution.

(d) The Commission shall choose annually from among its members a Chairperson and such other officers as it deems necessary. All meetings of the Commission shall be called by the Chairperson or a majority of the members, except the 1st meeting of the Commission shall be called by the Mayor.

(e) Three members shall constitute a quorum of the Commission and no official action of the Commission shall be taken except in an open meeting of the Commission with a quorum present.

(f) Members of the Commission shall be entitled to compensation as provided in § 1-611.08.

(Apr. 6, 1977, D.C. Law 1-104, § 4, 23 DCR 8734; Mar. 3, 1979, D.C. Law 2-139, § 3205(y), 25 DCR 5740; Aug. 7, 1980, D.C. Law 3-81, § 2(gg), 27 DCR 2632; Mar. 16, 1989, D.C. Law 7-217, § 2(d), 36 DCR 523; May, 2, 2015, D.C. Law 20-271, § 314, 62 DCR 1884; Feb. 27, 2016, D.C. Law 21-74, § 2(c), 63 DCR 252.)

Prior Codifications

1981 Ed., § 31-1604.

1973 Ed., § 31-2004.

Section References

This section is referenced in § 1-636.02.

Effect of Amendments

The 2015 amendment by D.C. Law 20-271 rewrote (f).

The 2016 amendment by D.C. Law 21-74 substituted “Higher Education Licensure Commission” for “Education Licensure Commission” in the section heading; and added the proviso in (b).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 314 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, November 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 314 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

For temporary (90 days) amendment of this section, see § 2(c) of the Higher Education Licensure Commission Emergency Amendment Act of 2015 (D.C. Act 21-158, Oct. 16, 2015, 62 DCR 13715).

For temporary (90 days) amendment of this section, see § 2(c) of the Higher Education Licensure Commission Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-284, Jan. 27, 2016, 63 DCR 1188).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(c) of the Higher Education Licensure Commission Temporary Amendment Act of 2015 (D.C. Law 21-51, Jan. 9, 2016, 62 DCR 13983).