D.C. Mun. Regs. tit. 11, r. 11-3024

Current through Register Vol. 71, No. 36, September 6, 2024
Rule 11-3024 - CLOSING THE RECORD
3024.1

The record shall be closed at the end of the public hearing, except that the record may be kept open for a stated period for the receipt of specific exhibits, information, or legal briefs, as directed by the presiding officer. Any other materials received by the Commission after the close of the record shall be returned by the Director and not received into the files of the Commission. However, if the materials are accompanied by a request to re-open the record, the request shall be accepted and presented to the Chair for consideration. The request must demonstrate good cause and the lack of prejudice to any party. If granted, the materials shall be entered into the record.

3024.2

An applicant that has been required by § 3013.4 to submit a memorandum of understanding, and who did not submit, during or before the hearing, a fully executed written agreement to implement that memorandum, shall submit a written agreement, executed by the applicant and all appropriate agencies or entities, before the record closes.

3024.3

In a contested case proceeding under § 3022, the Commission shall allow all parties to a case an opportunity to file written responses to any exhibits, information, or briefs submitted after the close of the hearing. These responses shall be filed within seven (7) days following the date by which the exhibits, information, or briefs were due.

3024.4

In a rulemaking under § 3021, the Commission may allow persons an opportunity to file written responses to any exhibits, information, or briefs submitted within the period designated by the Commission.

3024.5

The Commission reserves the right to reopen the record at any time prior to the issuance of a final decision. In a contested case under § 3022, notice of reopening the record shall be served upon all parties to the proceeding.

3024.6

[DELETED]

3024.7

The Commission may close the record at the end of a contested case hearing and vote either to approve or deny an application as its proposed action. The Commission may describe such conditions as the Commission desires to have included in its final decision or order, subject to the requirements of D.C. Official Code § 2-509(e) (2001) (formerly codified at D.C. Code § 1 - 1509(e) (1999 Repl.)), and §§ 3025.3, 3028.3, and 3028.4.

D.C. Mun. Regs. tit. 11, r. 11-3024

Final Rulemaking published at 46 DCR 7855, 7876-77 (October 1, 1999); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8547 (October 20, 2000); as amended by Final Rulemaking published at 47 DCR 9741, 9743 (December 8, 2000); as amended by Final Rulemaking published at 60 DCR 8967 (June 14, 2013)
Authority: Section 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 (2008 Repl.)).