Section 11-3128. REVIEW BY ZONING COMMISSION

 

3128.1Within the ten (10) day period set forth in § 3125.9, the Zoning Commission may, sua sponte, determine to review any final decision or order of the Board.

 

3128.2The Commission's determination to review a decision or order of the Board shall be transmitted forthwith to the Director, who shall forward to the Commission the record in the case and shall serve notice of the Commission's determination to review the Board's decision or order upon all parties to such case.

 

3128.3Upon receipt of the record, the Commission shall review the case and take such action as it deems appropriate; provided, however, the Commission shall not reverse or modify any decision or order of the Board without affording the parties to the case an opportunity to present memoranda to the Commission in support of or in opposition to the action of the Board.

 

3128.4Any action by the Commission may include, without limitation, any of the following:

 

(a)Hearing argument on the Board record in the case;

 

(b)Affirmance, modification, or reversal of the Board's decision or order; and

 

(c)Remanding the case to the Board for reconsideration, rehearing, or other action pursuant to instructions of the Commission.

 

3128.5The sua sponte review process established in this section shall not grant any rights of appeal to the Commission.

 

3128.6Because there is no right of appeal to the Commission from any action of the Board, the Commission need not answer any communications to the Commission (regardless of the form) requesting that sua sponte review be undertaken. Sua sponte review is a discretionary internal process.

 

3128.7The Commission shall look to the following guidelines when determining whether to invoke its sua sponte review authority. The Commission may exercise sua sponte review as follows:

 

(a)In a particular instance where it appears to the Commission that the Board has exceeded its prerogatives and has thus in effect changed the zoning;

 

(b)Where it appears that a basic policy of the Commission, as expressed in the Zoning Regulations, has been violated as a result of action by the Board; or

 

(c)In an unusual instance, as determined by the Commission.

 

source

Final Rulemaking published at 46 DCR 7853, 7914-15 (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, 8569-70 (October 20, 2000).