Section 11-3005. MEETINGS AND HEARINGS  


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    3005.1On or about the first (1st) day of each three (3) month period during the year, the Director shall cause to be published in the D. C Register, and shall post in the Office of Zoning, a 12-month calendar or schedule of dates setting forth the dates of meetings and hearings that will occur during such period, as well as the dates by which an application or petition must be filed with the Commission to allow its consideration on a specific hearing date. Such calendar or schedule also shall set forth any additional hearing dates as may be required by the Commission to permit consideration of applications or petitions that have been timely and appropriately filed for a specific hearing date and that, but for reasons of excessive number of cases, continuances, or otherwise, are not able to be heard or considered on such date.

     

    3005.2The meetings and hearings of the Commission shall be open to the public, except that a meeting to consider personnel matters, litigation, or other matters that are privileged or sensitive and not required to be open by applicable law may be closed at the discretion of the Commission.

     

    3005.3The proposed agenda for each meeting or the schedule for each hearing shall be posted in the office of the Commission and available to the public at least four (4) days prior to a meeting or hearing.

     

    3005.4Copies of the agenda shall be available to the public at the meeting or hearing.

     

    3005.5Nothing in this section shall preclude the Commission from amending the agenda at a meeting or hearing.

     

    3005.6A meeting of the Commission shall be held at least once each month in accordance with a schedule to be established by the Commission, and additional meetings as needed may be called by the presiding officer or by three (3) members.

     

    3005.7The Commission shall schedule any hearings as needed, in addition to those placed on the quarterly calendar pursuant to § 3005.1, for the purpose of receiving evidence and testimony on specific applications and petitions advertised in advance. Such hearings shall be held at the time and place the Commission or the presiding officer designates.

     

    3005.8Unless all parties to a hearing agree otherwise, or unless the Commission orders otherwise, the Commission shall not postpone or continue a public hearing on a contested case for a period in excess of thirty (30) days from the date of the granting of such postponement or continuance.

     

    3005.9If the time and place of resumption is publicly announced when a postponement, continuance, or adjournment is ordered, no further notice shall be required.

     

    3005.10A majority of the Commission shall constitute a quorum.

     

    3005.11A member absent at the decision meeting may cast an absentee vote only if the member attended all of the hearings on the application or petition.

     

    3005.12A member attending a decision meeting and having read the transcript and reviewed the complete record may vote even though that member may not have attended any or all of the prior meetings or hearings on the application or petition.

     

    3005.13A majority of the Commission members present at a meeting or hearing may take a procedural action, but shall not take a proposed or final action on a petition or application unless the members also constitute a majority of the Commission.

     

authority

The Zoning Commission for the District of Columbia (the “Commission”), pursuant to its authority under §§ 1 and 3 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, 799; D.C. Official Code §§ 6-641.01 and 6-641.0).

source

Final Rulemaking published at 46 DCR 7855, 7859-60 (October 1, 1999); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8539 (October 20, 2000) ; Final Rulemaking and Order No. 09-18 published at 57 DCR 5053 (June 11, 2010).