Section 11-3114. REPORTS OF PUBLIC AGENCIES FOR APPLICATIONS

 

3114.1The rules of procedure in this section shall apply to all applications filed with the Board (including applications filed pursuant to §§ 3107 and 3108 in effect prior to October 1, 1999, and §§ 3103 and 3104); provided, however, the provisions of this section shall only apply to chancery applications to the extent specified in § 3134.

 

3114.2When an application is referred in advance of the public hearing to any public agency for a report or recommendation, that report and recommendation shall be filed with the Board at least seven (7) days prior to the date set for the hearing on the application.

 

3114.3Upon agreement by all parties to a proceeding, the report and recommendation may become a part of the exclusive record at any time without benefit of cross-examination.

 

3114.4In the absence of any such agreement, the report and recommendation shall not become a part of the exclusive record unless an officer, member, or employee of the public agency appears at the hearing to present the report and recommendation and be cross-examined by the parties, unless the Board finds the report and recommendation to be full and complete on its face, having given due regard to the importance of the evidence, availability of witnesses, and the need of cross-examination for a full and true disclosure of the facts.

 

3114.5After consultation with the presiding officer, the Director shall notify those representatives of the public agency who should be present at the hearing.

 

3114.6If an application is referred in advance of the public hearing to any public agency for a report or recommendation, no report is received in the record, and the time period specified in § 2509 has elapsed, then the Board may proceed to decide the application based on the record not including such report and recommendation.

 

source

Final Rulemaking published at 46 DCR 7853, 7905 (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, 8564 (October 20, 2000).