Section 11-3119. EVIDENCE

 

3119.1This section applies to all appeals and applications filed with the Board under this chapter; provided, however, this section only applies to chancery applications to the extent specified in § 3134.

 

3119.2In all appeals and applications, the burden of proof shall rest with the appellant or applicant. If no evidence is presented in opposition to the case, the appellant or applicant shall not be relieved of this responsibility.

 

3119.3Each party may appear at a hearing to offer evidence and cross-examine witnesses.

 

3119.4Evidence 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.)).

 

3119.5Exhibits may be offered in evidence at the hearing. These exhibits may be in the form of photographs, models, graphs, or other materials.

 

3119.6Any exhibit that exceeds a size suitable for inclusion in the record shall be reduced or folded to a size not to exceed legal size (8 1/2 inches by 14 inches).

 

3119.7No material shall be submitted for the record that exceeds legal size or cannot be folded to legal size.

 

3119.8If models are used, photographs of the models not exceeding legal size shall be supplied at the public hearing.

 

3119.9The Zoning Act, the Zoning Regulations (including appendices and the official Zoning Maps), and this chapter shall be a part of the record of every proceeding before the Board, and it shall not be necessary for any party formally to move their introduction into evidence.

 

source

Final Rulemaking published at 46 DCR 7853, 7909-10 (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, 8567 (October 20, 2000).