D.C. Mun. Regs. tit. 11, r. 11-Z700

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 11-Z700 - RECONSIDERATION OF FINAL ORDER; REHEARING AFTER FINAL ORDER

700.1

Requests for reconsideration of an application or petition dismissed without a hearing shall not be entertained.

700.2

No application or petition essentially the same as that denied following a hearing shall be accepted for filing within one (1) year after the denial.

700.3

A motion for reconsideration or rehearing of a final order granting or denying an application may be filed by a party within ten (10) days of the order having become final and shall meet the following requirements:

(a) The motion shall be served upon all other parties;

(b) The Commission shall not receive or consider any motion for reconsideration or rehearing that is filed prior to an order becoming final and effective pursuant to Subtitle Z §§ 604.9, nor shall it waive this prohibition;

(c) A request by a non-party for leave to file a request for reconsideration or rehearing shall not be accepted, nor shall such request be waived. Any such request received shall immediately be returned by Office of Zoning staff;

(d) A motion for reconsideration must cite the relevant legal error which the motion asserts was misapplied; and

(e) A motion for rehearing must cite newly discovered evidence that existed at the time of the hearing which, by due diligence, could not have been reasonably presented to the Commission at the time of the hearing and impacts the material facts upon which the Commission's decision was based. The motion must show good cause for why the newly discovered evidence could not have been reasonably presented at the hearing. Should the Commission grant the motion for rehearing, it may schedule a limited scope hearing to hear testimony on the newly discovered evidence.

700.4

The Commission shall not receive or consider any motion for reconsideration, rehearing, or re-argument of a final order in a contested case proceeding that is filed prior to the order having become final.

700.5

A motion for reconsideration, rehearing, or re-argument shall be filed on a form and in a manner as may be designated by the Director.

700.6

A motion for reconsideration, rehearing, or re-argument shall state specifically the respects in which the final order is claimed to be erroneous, the grounds of the motion, and the relief sought.

700.7

No request for rehearing shall be considered by the Commission unless new evidence is submitted that could not reasonably have been presented at the original hearing. If a rehearing is granted, notice shall be given as in the case of an original hearing.

700.8

Within seven (7) days after a motion for reconsideration, rehearing, or re-argument has been filed and served, any other party may file an answer in opposition to or in support of the motion. Replies by other parties to the aforementioned answers will not be accepted into the record.

700.9

Notice of a further hearing along with the designated issues shall be forwarded to any party who participated in the earlier proceedings, or the party's authorized representative. Notice shall be provided at least fourteen (14) days prior to the date set for further hearing.

700.10

Neither the filing nor the granting of the motion for reconsideration, rehearing, or re-argument shall stay a decision unless the Commission orders otherwise.

700.11

A motion for reconsideration or rehearing shall not be a prerequisite to judicial review. No motion for reconsideration or rehearing may be filed after a petition to review an order has been filed with the District of Columbia Court of Appeals and any pending motion for reconsideration or rehearing shall be dismissed if such a petition is filed.

700.12

A motion for reconsideration or rehearing of a final order in a rulemaking case shall not be accepted for filing or considered.

D.C. Mun. Regs. tit. 11, r. 11-Z700

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 71 DCR 9667 (8/2/2024)