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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 11-3126. RECONSIDERATION OR REHEARING
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3126.1This 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.
3126.2Any party may file a motion for reconsideration or rehearing of any decision of the Board, provided that the motion is filed with the Director within ten (10) days from the date of issuance of a final written order by the Board. The Board 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 being issued nor waive this prohibition.
3126.3Any motion for reconsideration shall be served upon all other parties, or any representative parties pursuant to designations made pursuant to § 3112.15.
3126.4A motion for reconsideration shall state specifically all respects in which the final decision is claimed to be erroneous, the grounds of the motion, and the relief sought.
3126.5Within seven (7) days after a motion for reconsideration has been filed and served, any other party may file an answer in opposition to or in support of such motion.
3126.6No request for rehearing shall be considered by the Board 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.
3126.7The Board, on its own motion made not later than ten (10) days following the filing of the final decision in the record, may decide to reconsider or rehear an application or appeal.
3126.8No member shall vote on any post-hearing motion unless the member participated in, and voted on, the original decision, or the member read the transcript of the hearings and reviewed the record.
3126.9Unless the Board orders otherwise, neither the filing nor granting of a motion for reconsideration or rehearing shall automatically stay the effect of a final decision.
3126.10A motion for reconsideration or rehearing shall not be a prerequisite to judicial review.
3126.11An appellant or applicant whose appeal or application has been denied shall not institute a new appeal or application on the same facts within one (1) year from the date of the order upon the previous appeal or application.