Section 10-C328. DENIAL CALENDAR

 

328.1An application which has been denied by the staff pursuant to the Board's delegation of authority may be placed on the Denial Calendar.

 

328.2Before submitting a case to the Board on the Denial Calendar, the staff shall inform the applicant of the reason for denial, and shall notify the applicant of the opportunity to present brief written materials to the Board for consideration along with the staff report. The applicant shall be afforded at least seven (7) days to submit these materials.

 

328.3The staff report shall clearly state the reason for denial, indicating the specific standard or guideline violated.

 

328.4At the request of any Board member, the Chairperson of the Board may remove any case from the Denial Calendar and place it on the Agenda for consideration by the Board at the meeting.

 

328.5The Board shall consider both the staff report and the applicant's written materials in reaching a decision based solely on the written record. By adopting the Denial Calendar, the Board shall confirm the staff's recommendation of denial.

 

328.6The Board may adopt the Denial Calendar on a voice vote.

 

328.7If the Board recommends denial, the applicant may request a public hearing before the Mayor's Agent.

 

source

Notice of Final Rulemaking published at 51 DCR 7447 (July 30, 2004).