Section 11-3029. RECONSIDERATION AND REFILING

 

3029.1Requests for reconsideration of an application or petition dismissed without a hearing shall not be entertained.

 

3029.2No application or petition essentially the same as that dismissed without a hearing shall be accepted for filing within six (6) months after dismissal; provided, that an application or petition dismissed without prejudice may be refiled at the convenience of the applicant or petitioner.

 

3029.3An application or petition may be withdrawn prior to advertisement of a hearing. Following advertisement, an application or petition may be withdrawn only with the consent of the Commission. In either case, an application or petition shall not be accepted for refiling within six (6) months after the withdrawal.

 

3029.4No application or petition essentially the same as that denied following a hearing shall be accepted for filing within one (1) year after denial.

 

3029.5A motion for reconsideration, rehearing, or re-argument of a final order in a contested case under § 3022 may be filed by a party within ten (10) days of the order having become final. The motion shall be served upon all other parties. The Commission shall not receive or consider any motion for reconsideration, rehearing, or re-argument of a final order in a contested case proceeding that is filed prior to the order having become final.

 

3029.6A motion for reconsideration, rehearing, or re-argument shall state specifically the respects in which the final order is claimed to be erroneous, the grounds of the motion, and the relief sought.  No request for rehearing shall be considered by the Commission unless new evidence is submitted that could not reasonably have been presented at the original hearing. If a rehearing is granted, notice shall be given as in the case of an original hearing. 

 

3029.7Within seven (7) days after a motion has been filed and served, any other party may file an answer in opposition to or in support of the motion.

 

3029.8Neither the filing nor the granting of the motion shall stay a decision unless the Commission orders otherwise.

 

3029.9A motion for reconsideration, rehearing, or re-argument shall not be a prerequisite to judicial review.

 

3029.10A motion for reconsideration, rehearing, or re-argument of a final order in a rulemaking under § 3021 shall not be accepted or considered, except that a member of the Commission may initiate a motion for reconsideration up to thirty-five (35) days after the vote on the final action.

 

authority

Section 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 (2008 Repl.)).

source

Final Rulemaking published at 46 DCR 7855, 7879-80 (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, 8548-49 (October 20, 2000); as amended by Final Rulemaking published at 60 DCR 8967 (June 14, 2013).