(a)(1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter, including:

(A) A fee schedule for environmental testing services provided by the Department, which may account for the provision of bulk services; and

(B) A fee schedule for reasonable costs related to expert witness testimony provided by Department employees to entities not listed in § 5-1501.06(b), including the cost of any preparation, travel, and related administrative functions; provided, that no fee shall be charged for costs related to expert witness testimony provided by Department employees:

(i) Regarding services the Department provided pursuant to § 5-1501.06(a) or (b); or

(ii) When the employee would be testifying as an expert in a criminal case in a District of Columbia court.

(2) The fee schedule established pursuant to paragraph (1)(A) of this subsection may be applied on a sliding scale based on a recipient's ability to pay for the services.

(b) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, by resolution, within the 45-day review period, the proposed rules shall be deemed approved.

(Aug. 17, 2011, D.C. Law 19-18, § 16, 58 DCR 5403; Dec. 13, 2017, D.C. Law 22-33, § 3002(b), 64 DCR 7652.)

For temporary (90 days) amendment of this section, see § 3002(b) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 3002(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).