D.C. Mun. Regs. tit. 11, r. 11-Z703
This procedure shall allow the Commission, in the interest of efficiency, to make, without public hearing, modifications to approved contested case final orders and plans approved by such orders (modifications without hearing) and technical corrections to adopted rules (technical corrections). The Office of Zoning is authorized to make technical corrections to contested case orders with the permission of the Chair of the Commission.
For the purposes of this section, "technical correction" means a change to the adopted text, including the addition or deletion of material, that is needed (a) to correct omissions or errors of grammar, spelling, or citation, or (b) to make other non-substantive changes needed to clarify the intent of the Commission when it adopted the text.
Any person may request a technical correction by filing a written request on the form provided by the Director together with any other information requested on the form. If the Chairman of the Commission does not authorize the Office of Zoning staff to make the requested technical correction, the request will be placed on the Consent Calendar.
The Commission, upon its own motion, may place a technical correction on the Consent Calendar. The Office of Planning or Office of Zoning may initiate a request for a technical correction through the filing of a report.
All other requests for a technical correction shall be served by the person requesting Consent Calendar placement upon the affected ANC, unless that ANC is making the request.
For the purposes of this section, a "modification without hearing" is a modification in which impact may be understood without witness testimony, including, but not limited to a proposed change to a condition in the final order, a change in position on an issue discussed by the Commission that affected its decision, or a redesign or relocation of architectural elements and open spaces from the final design approved by the Commission. Determination that a modification can be approved without witness testimony is within the Commission's discretion. A request to add or change a zoning map designation to an approved planned unit development shall not be considered without a hearing.
Only the applicant in the original case or its successor may request a modification without hearing and shall do so using the form provided by the Director.
An applicant requesting a modification without hearing shall submit the following information electronically:
The filing of any modification request under this section shall not act to toll the expiration of the underlying order and the grant of any such modification shall not extend the validity of any such order.
All requests for a modification without hearing shall be served by the applicant on all parties in the original proceeding and the Office of Planning at the same time that the request is filed with the Office of Zoning. If the affected ANC has changed since the effective date of the final order, only the new affected ANC needs be served.
No requests for party status nor responses from non-parties for a modification without hearing may be filed, and this prohibition may not be waived. Any such requests received shall immediately be returned by Office of Zoning staff.
No later than thirty (30) days after a request to put a matter on the Consent Calendar for a modification without hearing has been filed and served, any other party may file a response in opposition to or in support of the request. The responding party shall serve all other parties at the time that the response is filed with the Office of Zoning.
A request for a modification without hearing shall be filed with the Office of Zoning at least thirty-five (35) days prior to the public meeting at which the request is to be considered.
The Office of Planning may file a report on Consent Calendar requests. Any such report shall be filed with the Director at least ten (10) days prior to the public meeting at which the request is to be considered.
For modifications without hearing, the Commission may take one (1) of the following actions at a public meeting:
No request removed from the Consent Calendar at a public meeting may be considered for set down at that same public meeting. This prohibition shall not be waived.
If the Commission approves the request for modification without hearing, the applicant shall, and any other party may, submit a draft order within fourteen (14) days after action is taken. No responses to draft orders shall be accepted. This prohibition shall not be waived.
D.C. Mun. Regs. tit. 11, r. 11-Z703