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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 1958 |
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Chapter 11-31. BOARD OF ZONING ADJUSTMENT RULES OF PRACTICE AND PROCEDURE |
Section 11-3121. PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW; CLOSING THE RECORD
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3121.1This 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.
3121.2The parties are encouraged to submit to the Office of Zoning proposed findings of fact and conclusions of law within such time as the presiding officer may direct, which in any event shall not be less than seven (7) days after the transcript of the hearing is delivered to the Office of Zoning.
3121.3To assist any party in preparing proposed findings of fact and conclusions of law, the Office of Zoning shall make available to such party, upon request, a generic prototype or illustrative model of the form and substance of findings of fact and conclusions of law.
3121.4Each party shall serve any proposed findings of fact and conclusions of law on all other parties at the same time as the proposed findings and conclusions are filed with the Board.
3121.5The record shall be closed following the public hearing, except that the record may be kept open for a stated period for the receipt of specific exhibits, information, or legal briefs, as may be directed by the presiding officer.
3121.6The Board shall allow all parties to a case an opportunity to file written responses to any exhibits, information, or briefs submitted after the close of the hearing.
3121.7Written responses shall be filed within seven (7) days after the date by which the exhibits, information, or briefs were due, unless otherwise directed by the presiding officer.
3121.8In the event parties participating in a hearing are so numerous as to make service of proposed findings of fact and conclusions of law, responses to materials filed after the close of the hearing, and service of the final decision or order burdensome to the Board and all the parties, the Board may designate at the close of the hearing representative parties to the proceeding who will be served and who may respond.
3121.9 Any material received by the Board after the close of the record except that permitted by § 3121.5, that bears upon the substance of the appeal or application shall be returned by the Director and not received into the files of the Board. However, if the materials are accompanied by a request to re-open the record, the request shall be accepted and presented to the Chair for consideration. The request must demonstrate good cause and the lack of prejudice to any party. If granted, the materials shall be entered into the record.