D.C. Mun. Regs. tit. 20, r. 20-2707

Current through Register Vol. 71, No. 36, September 6, 2024
Rule 20-2707 - TEMPORARY EXEMPTION PROCEDURES
2707.1

A person may apply to the Mayor for a temporary exemption from the maximum permissible noise levels or the time limits established by the Act.

2707.2

If the applicant is required to obtain a building permit from the District government, he or she may include the request for a temporary exemption with the application for that permit.

2707.3

The decision of the Mayor shall be in writing and shall include a statement of the reasons for the action taken.

2707.4

If a temporary exemption is granted, the decision shall include the following information:

(a) The name of the applicant;
(b) The noise level to be permitted;
(c) The period of time during which the exemption shall be in effect; and
(d) Any other conditions or qualifications necessary for the protection of the public under the standards applicable to the granting of a temporary exemption.
2707.5

A temporary exemption shall be granted for as long as is necessary, but shall not exceed forty-five (45) days.

2707.6

A notice of the issuance of a temporary exemption shall be published in the D.C. Register and shall be posted by the applicant in a conspicuous sport at the location involved for a period of our (4) consecutive days following the date of issuance.

2707.7

Any person adversely affected by the issuance or denial of a temporary exemption may, within ten (10 days of the decision, request a hearing on the matter.

2707.8

If the Mayor finds that a sufficient bona fide controversy exists regarding the issuance or denial of a temporary exemption, the Mayor may, in his or her discretion, hold a hearing on the matter.

2707.9

The hearing shall be held as soon as practicable.

2707.10

A decision by the Mayor after a hearing shall be final, subject to a de novo review by a court of competent jurisdiction.

2707.11

Unless the Mayor orders otherwise, the filing of a request for a hearing shall not affect the issuance of a temporary exemption.

D.C. Mun. Regs. tit. 20, r. 20-2707

Section 2 of the Noise Control Amendment Act of 1996, D.C. Law 11-161, 43 DCR 3727, 3730 (July 19, 1996)