D.C. Mun. Regs. tit. 11, r. 11-3117

Current through Register Vol. 71, No. 37, September 13, 2024

Rule 11-3117 - HEARING PROCEDURES

3117.1

The rules of procedure in this section apply to public hearings on all appeals and applications filed with the Board under this chapter; provided, however, the provisions of this section only apply to chancery applications to the extent specified in § 3134.

3117.2

A public hearing, even if expedited under § 3116.1, shall be held on each appeal or application. Appeals and applications shall be heard in the order in which they are filed with the Board and appear on the calendar. The hearing date for an appeal or application may be advanced or postponed by order of the Board for good cause shown.

3117.3

The presiding officer at a hearing shall have the 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) Hold conferences on the issues with the consent of the parties;

(e) Except as required under § 3117.5, dispose of procedural requests or similar matters (including motions to amend and to order hearings reopened) and rule upon motions to consolidate appeals or applications for hearing;

(f) Call, qualify, and examine witnesses and introduce into the record documentary or other evidence;

(g) Request the parties at any time during the hearing to state their respective positions concerning any issue in the proceeding and theory in support thereof;

(h) Subject to § 3105.11, adjourn a hearing and establish the date when the hearing will be continued;

(i) Close a hearing;

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

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

(l) Take any other action authorized by these rules or necessary under these rules.

3117.4

Except as provided in § 3117.5, an appellant, applicant, and persons and parties (except an ANC in support) shall collectively have no more than 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 Board from placing reasonable restrictions on cross-examination, including time limits and limitations on the scope of cross- examination.

3117.5

The Board may grant additional or lesser time to that under § 3117.4 to an appellant or applicant and persons and parties in support, or to a person or party in opposition, to present a case in opposition. The Board shall ensure reasonable balance in the time allocation between proponents and opponents.

3117.6

Nothing in § 3117.3 shall preclude members from questioning witnesses in any hearing before the Board.

3117.7

The hearing shall be reported under the supervision of the presiding officer, stenographically or by other means, by a reporter who may be designated from time to time by the Board or by a regular employee of the District.

3117.8

The prepared transcript shall be the sole official transcript of the hearing.

3117.9

The transcript shall be open for inspection at the Office of Zoning.

3117.10

Copies of the transcript shall be available to parties and to the public from the Office of Zoning upon payment of the charges fixed for making the copies.

3117.11

The order of procedure for presenting evidence at the hearing shall be as follows:

(a) On appeals filed pursuant to § 3112:

(1) Appellant's case;

(2) Administrative officer's case;

(3) Case for owner, lessee, or operator of property involved, if not the appellant;

(4) The ANC for the area within which the property is located;

(5) Intervenor's case, if intervention is permitted by the Board; and

(6) Rebuttal and closing statement by appellant.

(b) On applications filed pursuant to § 3113:

(1) Applicant's case;

(2) Report and recommendation from the D.C. Office of Planning;

(3) Reports and recommendations from other public agencies;

(4) The ANC for the area within which the property is located;

(5) Parties and persons in support of the application;

(6) Parties and persons in opposition to the application; and

(7) Rebuttal and closing statement by the applicant.

3117.12

The Board may close the record at the end of a hearing and vote at such time either to approve or deny the appeal or application.

D.C. Mun. Regs. tit. 11, r. 11-3117

Final Rulemaking published at 46 DCR 7853, 7907-09 (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, 8565-67 (October 20, 2000)