(a) An independent agency shall notify the Attorney General of any judicial or administrative proceeding in which the independent agency is a named party when the judicial or administrative proceeding includes a challenge to:

(1) The legality of a District or federal statute or regulation;

(2) The constitutionality of a final agency decision or any action taken by the independent agency; or

(3) The statutory authority of the independent agency to act.

(b) An independent agency shall notify the Attorney General before commencing, or filing a pleading seeking leave to participate as a party or amicus curiae in, a judicial or administrative proceeding that includes a challenge as described in subsection (a) of this section.

(c) An independent agency shall provide notice as required by this section as early as practicable, but in no event later than:

(1) Seven business days after receiving notice of the judicial or administrative proceeding; or

(2) If a challenge or potential challenge requiring notice under subsection (b) of this section arises during the course of a judicial or administrative proceeding, 3 business days after becoming aware of the challenge or potential challenge.

(d) For the purposes of this section, the term "independent agency" means any office, department, division, board, commission, or instrumentality of the District of Columbia government with respect to which the Mayor and the Council are not authorized by law to establish administrative procedures, and that is not represented by the Attorney General in a judicial or administrative proceeding in which the office, department, division, board, commission or instrumentality is participating as a named party or amicus curiae. The term "independent agency" does not include the Council, the Superior Court of the District of Columbia, or the District of Columbia Court of Appeals.

(May 27, 2010, D.C. Law 18-160, § 111; as added Oct. 8, 2016, D.C. Law 21-160, § 3092(c), 63 DCR 10775.)