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(2) The Director of the Department of Corrections may designate as the places where such persons shall be confined any available, suitable, and appropriate institutions, whether maintained by the District, the Federal Government (if such designation is approved by the Attorney General), or otherwise, or whether within or without the District. The Director of the Department of Corrections is also authorized to order the transfer of any such person from one institution to another if, in his judgment, it shall promote the welfare of the prisoner or relieve overcrowding or unhealthful conditions in the institution where such prisoner is confined, or for other reasons.

(3) The cost of the care and custody (after June 30, 1951) of prisoners committed to the custody of the Director of the Department of Corrections and confined in Federal penal or correctional institutions shall be paid out of appropriations for the Department of Justice. The District shall reimburse the Department of Justice for the full cost of such care and custody as billed therefor by the Attorney General, and the Department of Justice shall deposit the sums so reimbursed into the Treasury as miscellaneous receipts.

(4) The cost of the care and custody (after June 30, 1951) of persons charged with or convicted of offenses under any law of the United States not applicable exclusively to the District and confined in District penal or correctional institutions shall be charged against the department or agency of the United States primarily responsible for the care and custody of such persons in quarterly accounts to be rendered by the Director of the Department of Finance. The amount to be charged for such care and custody shall be ascertained by multiplying the average daily number of such persons so confined during the quarter by the per capital cost for the same quarter for all prisoners in the institution where confined, excluding expenses of construction or extraordinary repair of buildings. The sum so derived shall be credited to the current appropriation made by the District Council for the maintenance and operation of such institutions.

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL STANDARDS Sec. 1013. (a) (1) The functions of the following agencies are hereby transferred to the Director of the Department of Professional and Occupational Standards: Board of Accountancy, Board of Dental Examiners, Board of Examiners and Registrars of Architects, Nurses' Examining Board, Board of Barber Examiners for the District of Columbia, Board of Optometry, Board of Pharmacy, District of Columbia Board of Cosmetology, Board of Podiatry Examiners, Board of Examiners in Veterinary Medicine, Electrical Examining Board, Motion Picture Operators Examining Board, Plumbing Board, Board of Examiners of Steam and Other Operating Engineers, Board of Funeral Directors and Embalmers, and Commission on Licensure to Practice the Healing Art in the District of Columbia and any board of examiners appointed by such Commission.

(2) The functions of the Commissioners of the District to issue, renew, suspend, and revoke licenses to persons (A) to act as steam or other operating engineers, (B) to engage in the business of master plumbers or gas fitters, and (C) to discharge the duties of undertakers are hereby transferred to the Director of the Department of Professional and Occupational Standards.

(3) The functions of the Commissioners of the District in respect of appeals from decisions of the Board of Examiners in Veterinary Medicine and in respect of appeais from actions of the District of Columbia Board of Cosmetology are hereby transferred to the Director of the Department of Professional and Occupational Standards.

(b) The Director of the Department of Health or his designee shail be the ex officio member, and shall serve as chairman, of the Board of Podiatry Examiners and Board of Funeral Directors and Embalmers.

(c) In exercising the functions transferred to him from the Commission on Licensure to Practice the Healing Art in the District of Columbia, the Director of the Department of Professional and Occupational Standards shall act with the advice of the Director of the Department of Health. Each board of examiners heretofore or hereafter appointed pursuant to the authority heretofore possessed by the Commission on Licensure to Practice the Healing Art in the District of Columbia shall have, as an additional member, a chairman who shall be the Director of the Department of Health or his designee. The Commission on Licensure to Practice the Healing Art in the District of Columbia is hereby abolished.

(d) It is the intent of this section that where, immediately prior to the effective date of this section, the examination of candidates for licensing or registration to practice professions or skilled occupations and the enforcement of laws regulating the practice of professions or skilled occupations were administered by persons

qualified in those professions or occupations, persons with such qualifications shall continue to administer those functions. For this purpose, and so far as practicable, the existing licensing and examining boards shall be retained and shall administer, under the general direction and supervision of the Director of the Department of Professional and Occupational Standards, the functions transferred to him from such boards.

TITLE XI-BOARD OF EDUCATION

CREATION AND MEMBERSHIP

Sec. 1101. There is hereby created a Board of Education, consisting of eight members elected as provided in title XIII.

TRANSFER OF FUNCTIONS

SEC. 1102. (a) The Board of Education provided for in section 2 of the Act entitled “An Act to fix and regulate the salaries of teachers, school officers, and other employees of the board of education of the District of Columbia”, approved June 20, 1906, is hereby abolished and its functions are hereby transferred to the Board of Education created by section 1101.

(b) The functions of the Federal Security Administrator under section 6 of the Vocational Rehabilitation Act, approved June 2, 1920, as amended, with respect to vocational rehabilitation in the District, are hereby transferred to the Board of Education. Section 1 of such Act is hereby amended by inserting “the District of Columbia,” after “Alaska,”.

FUNCTIONS AND LIMITATIONS

SEC. 1103. (a) The Board of Education shall

(1) determine appropriate policies for the District with respect to the maintenance and operation of public schools and with respect to vocational rehabilitation;

(2) appoint the Superintendent of Schools; and

(3) perform such other functions as are transferred to it by section 1102 from the Board of Education and the Federal Security Administrator, except as otherwise provided by section 1010 (a) with respect to the enforcement

and administration of laws regulating child labor. (b) In contracting with any person to serve as Superintendent of Schools of the District, the Board of Education shall not obligate the District for a period longer than the three-year period commencing on the date of contracting. Each contract shall reserve to the Board the right to remove the incumbent for cause.

(c) For the purposes of the Vocational Education Act, approved February 26, 1917, as amended, and the Vocational Rehabilitation Act, approved June 2, 1920, as amended, the Board shall be considered a State board of vocational education. The Board of Education is hereby authorized to accept the provisions of the Vocational Education Act and to cooperate with the Federal Security Agency in the administration of such Act and of the Vocational Rehabilitation Act.

(d) The President of the Board of Education shall appoint a committee, consisting of three members of the Board and known as the “Commission on Vocational Rehabilitation”, for the purpose of administering the District program with respect to vocational rehabilitation. The Commission shall appoint a Director of Vocational Rehabilitation, who shall appoint the members of the staff of the Commission and perform such other administrative functions as the Commission may delegate to him.

(e) The Board of Education is authorized to prescribe such regulations, not inconsistent with the provisions of this title, as may be necessary or appropriate for the purposes of the operation of this title.

QUALIFICATIONS FOR HOLDING OFFICE Sec. 1104. No person shall hold the office of member of the Board of Education unless he (1) is a qualified elector, (2) resides and is domiciled in the District, (3) holds no other elective public office, and (4) holds no appointive office for which compensation is provided out of District funds.

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COMPENSATION OF MEMBERS

Sec. 1105. Members of the Board of Education shall receive $10 per meeting attended, but not to exceed $10 for any one calendar week.

PRESIDENT OF THE BOARD OF EDUCATION

Sec. 1106. (a) The Board of Education shall elect from among its members a presiding officer, to be known as the “President of the Board of Education”. The term of the first such president shall expire at the close of December 31, 1951, and at the close of December 31 of each succeeding odd-numbered year the term of office of the incumbent president shall expire. The Board of Education may by resolution remove the President of the Board of Education from his office as such.

(b) The President of the Board of Education shall, with the approval of the Board, designate a member of the Board to act as president during his absence or disability. If a vacancy occurs in the office of president, the Board shall elect from among its members a president for the unexpired term.

(c) If, by the close of the day on which its first meeting in an even-numbered year is convened, or on which its first meeting after the occurrence of a vacancy in the office of president is convened, the Board has not elected a president, the President of the United States shall designate a member of the Board to act as president until the Board elects a president.

STAFF OF THE BOARD OF EDUCATION; RECORDS Sec. 1107. (a) The Board of Education shall appoint a secretary who shall serve at the pleasure of the Board as its chief administrative officer.

(b) The secretary shall designate a qualified member of the staff of the Board to act as secretary during the absence or disability of the secretary.

(c) The person duly acting as secretary shall keep a full record of the Board's proceedings, and preside at Board meetings when the office of president is vacant and no acting president has been designated by the President.

MEETINGS

Sec. 1108. (a) The first meeting of the Board of Education after this section takes effect shall be called by the chairman of the Joint Committee. He shall preside until a presiding officer is elected or designated. The first meeting of the Board in each even-numbered year commencing with 1952 shall be called by the secretary of the Board for a date not later than January 31 of such year.

(b) The Board of Education shall by resolution provide for the time and place of its regular meetings. The Board shall hold at least one regular meeting in each calendar month.

(c) The President of the Board of Education, or any two members acting jointly, may at any time call a special meeting of the Board. Adequate notice of a special meeting shall be given in the manner provided by the Board by resolution, and shall state the business to be transacted. No other business shall be transacted at the meeting except by unanimous consent of all members of the Board then holding office.

(d) Meetings of the Board of Education shall be open to the public, except when the Board is in executive session. The Board or its president may at any time authorize an executive session of the Board, to be held at any regular or special meeting. Members of the Joint Committee and its authorized agents may attend any session of the Board or of any of its committees.

CONDUCT OF BUSINESS

Sec. 1109. (a) The Board of Education shall adopt rules of procedure.

(b) The Board of Education shall establish such permanent and special committees of its members as it considers appropriate.

(c) At an executive session, no action shall be taken by the Board except on a motion to recess, to adjourn, or to open the meeting to the public.

(d) Except on a motion to recess, to adjourn, or to open the meeting to the public, no action shall be taken by the Board unless a majority of the members then holding office are present and vote in favor of it.

(e) All voting in the Board, except on purely procedural motions, shall be by roll call.

(f) Each proposed regulation shall be submitted in writing in the form in which it is intended to be passed and shall be sponsored by a member of the Board of Education. It may be referred to committee for study or considered by a committee of the whole.

(g) Final action by the Board of Education shall not be taken on a proposed regulation until the thirteenth day following the day on which it was submitted; but the Board of Education may take earlier final action at a regular meeting, or at a special meeting for which adequate notice has been given, upon unanimous. vote of the members present.

FREE INSTRUCTION FOR NONRESIDENT PUPILS DENIED

SEC. 1110. (a) The Board of Education may provide instruction for a person residing outside the District only if at least one parent of such person is employed within the District and tuition based upon cost of instruction, as determined by the Board of Education, is paid on behalf of such person.

(b) This section shall not apply with respect to any person who was enrolled in à District public school on July 25, 1947.

TITLE XII–CERTAIN AGENCIES NOT UNDER THE DIRECTION

AND SUPERVISION OF THE DISTRICT MANAGER

ZONING ADJUSTMENT BOARD

SEC. 1201. (a) The Board of Zoning Adjustment created by section 8 of the Act of June 20, 1938, providing for the zoning of the District (D. C. Code, 1940 edition, sec. 5–420), is hereby abolished. The functions of such Board are hereby transferred to the Zoning Adjustment Board created by subsection (b).

(b) There is hereby created a Zoning Adjustment Board for the District of Columbia consisting of the following five members: (1) A representative of the District Council, who shall be a member of such council designated by the Mayor; (2) a representative of the National Capital Park and Planning Commission designated by its Chairman; and (3) three qualified electors appointed by the Mayor with the approval of the District Council. Each of such last three members shall have resided in the District for the three-year period ending on the date of his appointment, and at least one of the three shall own a home in the District.

(c) Any person who represents either the District Council or the National Capital Park and Planning Commission on the Zoning Adjustment Board shall serve at the pleasure of the officer designating him. The term of office of each of the three members appointed by the Mayor with the approval of the District Council shall be three years, with the exception that the term of one of the initial appointees to the Board shall expire, as designated by the Mayor, at the close of June 30 of each of the following years: 1951, 1952, and 1953. The District Council, after notice and opportunity for hearing, may by resolution remove any of the three members appointed by the Mayor with its approval, but only for neglect of duty or malfeasance in office. Vacancies in the Board shall be filled for the duration of the unexpired term in the manner provided for original appointment.

(d) The representative of the District Council serving on the Zoning Adjustment Board shall be its chairman. A majority of the members of the Board shall constitute a quorum. The affirmative vote of a majority of the members of the Board shall be necessary for any decision or order.

(e) No member of the Zoning Adjustment Board who holds a salaried public office or position in the Federal or District Government shall receive additional compensation for his services with the Board. The District government shall compensate each of the other members of the Board at such rate, not to exceed $1,000 per annum, as the District Council may by ordinance provide.

PUBLIC UTILITIES COMMISSION

SEC. 1202. (a) The Public Utilities Commission of the District of Columbia created by section 8 of the Act of March 4, 1913, making appropriations for the District of Columbia, as amended by the first section of the Act of December 15, 1926, altering the personnel of such Commission (D. C. Code, 1940 edition, sec. 43–201, 202), is hereby abolished. The functions of such Commission are hereby transferred to the Public Utilities Commission created by subsection (c).

(b) The office of people's counsel created by section 3 of the Act of December 15, 1926, altering the personnel of the Public Utilities Commission (D. C. Code, 1940 edition, sec. 43–205), is hereby abolished.

(c) There is hereby created a Public Utilities Commission for the District of Columbia consisting of three members. The three members first appointed shall be appointed by the President, and thereafter members, including members appointed to fill vacancies, shall be appointed by the Mayor with the approval of the District Council. No person shall be appointed to the Commission unless he has resided in the District for the three-year period which ends on the day of his appointment. No person shall be appointed to the Commission if at any time during the one-year period which ends on the day of his appointment he performed services for compensation for any public utility. During his incumbency, no member of the Commission shall have any direct pecuniary interest (1) in any public utility operating in the District or having an interest in property in the District, or (2) in any stock, bond, mortgage, security, or contract of any such public utility. If any member of the Commission shall voluntarily become so interested, his office shall ipso facto become vacant. If any member shall become so interested other than voluntarily he shall, within a reasonable time, divest himself of such interest, and if he fails to do so his office shall become vacant. Before entering upon the duties of his office or position each member and employee of the Commission shall, in addition to the oath or affirmation required in the case of officers of the District, make oath or affirmation before and file with the clerk of the United States District Court for the District of Columbia that he meets each of the requirements of this subsection. No member shall hold any other public office during his term of office.

(d) The terms of office of the members first taking office shall begin on the date of appointment and shall expire, as designated by the President at the time of appointment, one at the close of June 30, 1952, one at the close of June 30, 1954, and one at the close of June 30, 1956. Each subsequent term shall be six years, expiring at the close of June 30 of the sixth year. The District Council may by resolution remove any member after notice and opportunity for hearing, but only for neglect of duty or malfeasance in office. Vacancies in the Commission shall be filled for the duration of the unexpired term in the manner provided for original appointment. (e) The Public Utilities Commission shall at least biennially elect its own chair

A majority of the members shall constitute a quorum to do business, and any vacancy shall not impair the right of the remaining members to exercise all the powers of the Commission. Any investigation, inquiry, or hearing within the powers of the Commission may be made or held by any member, whose acts and orders, when approved by the Commission, shall be deemed to be the order of the Commission.

(f) Each member of the Public Utilities Commission shall receive a salary at the rate of $7,500 per annum.

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BOARD OF TAX APPEALS

Sec. 1203. The Board of Tax Appeals for the District of Columbia created by section 2 of title IX of the District of Columbia Revenue Act of 1937, as added by the Act of May 16, 1938 (D. C. Code, 1940 edition, sec. 47–2402), is hereby continued as an agency of the District government. Any vacancy occurring in such Board shall be filled by appointment by the Mayor with the approval of the District Council.

REDEVELOPMENT LAND AGENCY

SEC. 1204, (a) The District of Columbia Redevelopment Land Agency, established by section 4 (a) of the District of Columbia Redevelopment Act of 1945, is hereby continued as an agency of the District government.

(b) The powers of Board of Commissioners of the District of Columbia (1) to appoint three members of the District of Columbia Redevelopment Land Agency, and (2) to fill vacancies in such three offices, which powers were conferred by section 4 (a) of the District of Columbia Redevelopment Act of 1945, shall be exercised by the Mayor with the approval of the District Council. Such appointees shall possess the qualifications listed in such section 4 (a).

They may be removed by the District Council by resolution, after notice and opportunity for hearing, but only for neglect of duty or malfeasance in office. Notwithstanding any other provision of law, the incumbent of each of such three offices on the effective date of this subsection shall remain in office until the end of the term for which he was appointed unless the Mayor shall, with the approval of the District Council, sooner appoint a successor for the duration of the unexpired term.

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