The Mayor shall nominate persons to serve as subordinate agency heads in the Executive Service established by subchapter X-A of Chapter 6 of this title [ § 1-610.51 et seq.], subject to the advice and consent of the Council, within 180 calendar days of the date of the establishment of the subordinate agency or the date of a vacancy. A nomination shall be submitted to the Council for a 90-day period of review, excluding days of Council recess. If the Council does not approve or disapprove the nomination by resolution within this 90-day review period, the nomination shall be deemed confirmed. If the Mayor fails to nominate a person within 180 days of the establishment of the subordinate agency vacancy or the date of vacancy, no District funds may be expended to compensate any person serving in the position. The Mayor may designate an acting subordinate agency head, but this designation shall not suspend the requirements of this section, or the provisions of § 1-610.59(a) . The Mayor shall not appoint board or commission members to serve in a position that the law requires to be filled by Mayoral appointment with the advice and consent of the Council. No person shall serve in a hold-over capacity for longer than 180 days after the expiration of the term to which he or she was appointed, in a position that is required by law to be filled by Mayoral appointment with the advice and consent of the Council including to positions on boards and commissions. The provisions of this section shall not be affected by any provision in subchapter VI of Chapter 3 of this title [ § 1-315.01 et seq.]. Notwithstanding any other provision of law, the Mayor shall transmit to the Council, for a 90-day period of review, excluding days of Council recess, nominations to the boards and commissions listed in this subsection. If the Council does not approve by resolution within the 90-day period a nomination to these boards or commissions, the nomination shall be deemed disapproved. The Alcoholic Beverage Control Board, established by § 25-104(a) ; The District of Columbia Board of Library Trustees, established by § 39-104 ; The Board of Trustees of the University of the District of Columbia, established by § 38-1202.01 ; The Board of Zoning Adjustment, established by § 6-641.07 ; The Police Complaints Board, established by § 5-1104 ; The Contract Appeals Board, established by § 2-360.01 ; The District of Columbia Board of Elections and Ethics [Board of Elections], established by § 1-1001.03 ; The Commission on Human Rights, established by § 2-1404.01 ; Repealed. The District of Columbia Housing Finance Agency Board of Directors, established by § 42-2702.02 ; The District of Columbia Lottery and Charitable Games Control Board, established by § 3-1301 ; Repealed. The Historic Preservation Review Board, established by Mayor’s Order 83-119, issued May 6, 1983 (30 DCR 3031) in accordance with § 6-1103 ; The Metropolitan Washington Airports Authority Board of Directors, established by § 9-1006(e) ; Repealed; The Office of Employee Appeals, established by § 1-606.01 ; The Public Employee Relations Board, established by § 1-605.01 ; The Public Service Commission, established by § 34-801 ; The Rental Housing Commission, established by § 42-3502.01 ; The Washington Convention and Sports Authority Board of Directors, established by § 10-1202.05 ; The Water and Sewer Authority Board of Directors, established by § 34-2202.04 ; The Zoning Commission for the District of Columbia, established by § 6-621.01 ; Repealed. The District of Columbia Taxicab Commission, established by § 40-1704 ; Repealed; Repealed; The Board of Commissioners of the District of Columbia Housing Authority, established by § 6-211 ; Repealed; Homeland Security Commission established by § 7-2271.02 ; Commission on Fashion Arts and Events, established by § 3-651 ; The Board of Ethics and Government Accountability, established by § 1-1162.02 ; provided, that a nomination to the Board of Ethics and Government Accountability shall be submitted to the Council for a 45-day period of review, pursuant to § 1-1162.03(b)(1) ; and Commission on the Arts and Humanities, established by § 39-203 . Notwithstanding any other provision of law, the Mayor shall transmit to the Council, for a 45-day period of review, excluding days of Council recess, nominations to the boards and commissions listed in this subsection. The Council shall be deemed to have approved a nomination under this subsection if during the 45-day period, no member introduces a resolution disapproving the nomination. If a member introduces a resolution disapproving the nomination within the 45-day period, the Council shall have an additional 45 days, excluding days of Council recess, to disapprove the nomination by resolution, or it will be deemed approved. The Apprenticeship Council, established by § 32-1402 ; The Armory Board, established by § 3-302 ; Repealed; The Board of Dentistry, established by § 3-1202.01 ; The Board of Medicine, established by § 3-1202.03 ; The Board of Nursing, established by § 3-1202.04 ; The Board of Nursing Home Administration, established by § 3-1202.05 ; The Board of Psychology, established by § 3-1202.11 ; Repealed. The Child Support Guideline Commission, established by § 16-916.02 ; Repealed; The District of Columbia Boxing and Wrestling Commission, established by § 3-604 ; The Multistate Tax Commission, established by § 47-441 ; The Public Access Corporation Board of Directors, established by § 34-1253.02 ; The Board of Real Estate, established by § 47-2853.06(h) ; Repealed; The Board of Dietetics and Nutrition, established by § 3-1202.02 ; The Board of Occupational Therapy, established by § 3-1202.06 ; The Board of Optometry, established by § 3-1202.07 ; The Board of Pharmacy, established by § 3-1202.08 ; The Board of Physical Therapy, established by § 3-1202.09 ; The Board of Podiatry, established by § 3-1202.10 ; The Board of Social Work, established by § 3-1202.12 ; The Board of Professional Counseling, established by § 3-1202.13 ; The Board of Respiratory Care, established by § 3-1202.14 ; The Board of Massage Therapy, established by § 3-1202.15 ; The Board of Chiropractic, established by § 3-1202.16 ; The Statewide Health Coordinating Council, established by § 44-403 ; The Board of Barber and Cosmetology, established by § 47-2853.06(c) ; The Board of Real Estate Appraisers, established by § 47-2853.06(g) ; Repealed; The Board of Funeral Directors, established by § 47-2853.06(f) ; Repealed; Repealed; The Board of Veterinary Examiners for the District of Columbia, established by § 3-505 [repealed]; Reserved; The Board of Architecture and Interior Designers, established by § 47-2853.06(a) ; The Board of Accountancy, established by § 47-2853.06(b) ; The Board of Industrial Trades, established by § 47-2853.06(d) ; The Board of Professional Engineering, established by § 47-2853.06(e) ; The Housing and Community Development Reform Commission, established by § 6-1032 ; The Commission on Asian and Pacific Islander Community Development, established by § 2-1373 ; The Board of Marriage and Family Therapy, established by § 3-1202.17 ; Repealed; Repealed; The Motor Vehicle Theft Prevention Commission, established by § 3-1352 ; The Commission on African Affairs, established by § 2-1393 ; The Science Advisory Board to the Department of Forensic Sciences, established by § 5-1501.11 ; The Commission on African-American Affairs, established by § 3-1441 ; [Not funded]; Other Post-Employment Benefits Fund Advisory Committee, established by § 1-621.51 ; The Commission on Fathers, Men, and Boys established pursuant to § 3-731 ; The Commission on Health Disparities; and Youth Apprenticeship Advisory Committee, established by § 32-1412.01 . Notwithstanding any other provision of law, the Mayor shall directly appoint members to boards and commissions, without the advice and consent of the Council, to the boards and commissions not contained in subsections (e) and (f) of this section. This section shall not apply to positions on boards and commissions that are designated by law for the Mayor, his or her designee, or another member of the executive branch or his or her designee.
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