Section 11-3022. CONTESTED CASE HEARINGS

 

3022.1The contested case procedures in § 10 of the D.C. Administrative Procedure Act, D.C. Official Code § 2-509, and this section shall apply to applications for a change in the Zoning Map pursuant to § 102 and to applications for planned unit developments, air space developments, and similar plan review activities of the Commission, including those required by chapters 16, 18, 28, and 29 of this title, as well as §§ 1709.21 and 2523.2, except as otherwise provided in § 3010.7.

 

3022.2This section supplements the rules in §§ 3010, 3011, 3013, 3014, 3015, 3020, and 3024.

 

3022.3Except for the applicant and the ANC, to participate as a party in a proceeding before the Commission, any affected person shall file with the Commission, not less than fourteen (14) days prior to the date set for the hearing, the following information:

 

(a)The person's name and address;

 

(b)A request to appear and participate as a party;

 

(c)Whether the person will appear as a proponent or opponent of the application;

 

(d)If the person will appear through legal counsel and, if so, the name and address of the legal counsel;

 

(e)A list of witnesses who will testify on the person's behalf; and

 

(f)A written statement setting forth why the person should be granted party status, including reference to the following:

 

(1)The property owned or occupied by the person, or in which the person has an interest, that will be affected by the action requested of the Commission;

 

(2)The legal interest the person has in the property, such as owner, tenant, trustee, or mortgagee;

 

(3)The distance between the person's property and the property that is the subject of the application before the Commission;

 

(4)The environmental, economic, social, or other impacts likely to affect the person and/or the person's property if the action requested of the Commission is approved or denied; and

 

(5)An explanation of how the person's interests as identified in response to paragraph (4) would likely be more significantly, distinctively, or uniquely affected in character or kind by the proposed zoning action than those of other persons in the general public.

 

3022.4The Commission shall determine who will be recognized as a party. In so determining, the Commission shall consider whether the provisions of § 3022.3 have been complied with and whether the specific information presented qualifies the person as a party. The Commission shall grant party status only if the person requesting party status has clearly demonstrated that the person's interests would likely be more significantly, distinctively, or uniquely affected in character or kind by the proposed zoning action than those of other persons in the general public.

 

3022.5A party may cross-examine any other party or person, except the Commission; provided, that the presiding officer may rule a question out of order when it is irrelevant, immaterial, or unduly repetitious.

 

3022.6Evidence shall be taken in conformity with D.C. Official Code § 2-509(b)(2001) (formerly codified at D.C. Code § 1-1509(b) (1999 Repl.)).

 

3022.7Witnesses shall be examined and cross-examined orally under oath or affirmation.

 

3022.8The order of procedure for presenting evidence at the hearing shall be as follows:

 

(a)Call to order and opening statement by the presiding officer;

 

(b)Introductory statement by Commission staff;

 

(c)Consideration of pending motions and procedural matters;

 

(d)Applicant's case;

 

(e)Reports or statements by the Office of Planning and other public agency representatives;

 

(f)Affected ANCs;

 

(g)Parties in support of the application;

 

(h)Persons in support of the application;

 

(i)Parties in opposition to the application;

 

(j)Persons in opposition to the application; and

 

(k)Rebuttal by applicant.

 

3022.9In a contested case proceeding under this chapter, no decision or order of the Commission on an application shall be made except upon the exclusive record of the proceedings before 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, 7873-76 (October 1, 1999); as amended by Final Rulemaking, 47 DCR 9347, 9349-50 (November 24, 2000); and Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8567-47 (October 20, 2000); as amended by Final Rulemaking published at 51 DCR 6837, 6850 (July 9 2004); as amended by Final Rulemaking published at 52 DCR 63, 72 (January 7 2005); as amended by Final Rulemaking and Order No. 06-32 published at 56 DCR 5052 (June 26, 2009); as amended by Final Rulemaking and Order No. 04-05 published at 56 DCR 6181 (August 7, 2009); as amended by Final Rulemaking and Order No. 09-10 published at 57 DCR 3487 (April 23, 2010); and as amended by Notice of Final Rulemaking published at 58 DCR 4788, 4818 (June 3, 2011).