Section 10-C404. NOTIFICATION OF THE RIGHT TO REQUEST A PUBLIC HEARING

 

404.1Upon receipt of a recommendation from the Review Board or CFA, the Mayor's Agent shall notify the applicant of the right to request a public hearing if either of the following applies:

 

(a)If the Review Board or CFA has recommended that a proposed demolition, alteration, subdivision, or preliminary application is not consistent with the purposes of the Act; or

 

(b)When the application is for new construction, if the Review Board or CFA has recommended that the design of the building and the character of the historic landmark or historic district are not compatible.

 

404.2The notice shall inform the applicant of any applicable fees for the hearing as provided in Chapter 33.

 

404.3The notice shall require the applicant to request a hearing in writing within ten (10) days of the date of the notice, and to state one or more of the reasons in § 403.4 as the nature of the applicant's claim.

 

404.4If the applicant fails to request a hearing, the Mayor's Agent may deny the issuance of the permit or admission of the subdivision to record without a hearing.

 

404.5If the Mayor's Agent denies the issuance of the permit or the admission of the subdivision to record, the HPO shall notify the applicant in writing and return the application to DCRA with the denial indicated.

 

source

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