D.C. Mun. Regs. tit. 11, r. 11-3020

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 11-3020 - HEARING PROCEDURES: GENERAL

3020.1

The presiding officer shall have authority to:

(a) Regulate the course of the hearing;

(b) Rule upon offers of proof and receive relevant evidence;

(c) Assign exhibit numbers for all written documentary and other tangible matter offered in evidence;

(d) Dispose of procedural requests or similar matters, including motions to amend and to order hearings reopened;

(e) Rule upon motions to consolidate applications or petitions for hearing;

(f) Call, qualify, and examine witnesses;

(g) Introduce into the record documentary or other evidence;

(h) Request any party or person at any time during the hearing to state that party or person's position concerning any issues in the proceeding and theory in support of that position;

(i) Rule upon the qualifications of witnesses offered as experts;

(j) Exclude unduly repetitious or irrelevant testimony, and permit a witness to adopt the prior testimony of another witness; and

(k) Take any other action authorized by this title or necessary under this chapter.

3020.2

Except as provided in § 3020.3, the applicant and all persons and parties (except an ANC) in support shall collectively have a maximum sixty (60) minutes, exclusive of cross-examination, to present testimony, and all persons and parties (except an ANC) in opposition shall collectively have no more than sixty (60) minutes, exclusive of cross-examination, to present testimony in opposition. Nothing herein shall prohibit the Commission from placing reasonable restrictions on cross-examination, including time limits and limitations on the scope of cross-examination, by the applicant or parties in support or opposition.

3020.3

The Commission may grant additional or lesser time than that allowed under § 3020.2 to an applicant and persons and parties in support, or to persons and parties in opposition, to present a case, provided that the presiding officer shall ensure reasonable balance in the allocation of time between proponents and opponents.

3020.4

If surprise to the applicant or petitioner or to a party in a contested case under § 3022 is clearly shown and the inability to proceed is demonstrated, a hearing may be adjourned to allow the applicant, petitioner, or party sufficient time to offer rebuttal evidence. This evidence shall be filed with the Director at least fourteen (14) days before the hearing is resumed.

D.C. Mun. Regs. tit. 11, r. 11-3020

Final Rulemaking published at 46 DCR 7855, 7871 (October 1, 1999); as amended by Final Rulemaking published at 47 DCR 9741 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8546 (October 20, 2000)

Authority: The Zoning Commission for the District of Columbia (the "Commission"), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0 ).