Section 11-X1201. CIVIL INFRACTION APPEAL PROCEDURES

1201.1 In exercising its civil infraction appeal powers the Board of Zoning Adjustment shall, in conformity with the Civil Infractions Act, make a determination of each appeal on the basis of the record established before the ALJ. 

1201.2 The Board of Zoning Adjustment shall set aside any ALJ’s order that is without observance of procedure required by law or regulations, including any applicable procedure required by Titles I and II of the Civil Infractions Act, D.C. Official Code §§ 2-1801.01 to 2-1802.05, or any administrative law judge or attorney examiner order that is unsupported by a preponderance of the evidence on the record. 

1201.3 The Board of Zoning Adjustment shall apply the rule of harmless error, and shall have the power to affirm, reverse, or modify the order of the ALJ. 

1201.4 The Board of Zoning Adjustment may remand a case for further proceedings before the ALJ. 

1201.5 The Board of Zoning Adjustment shall not modify a monetary sanction imposed by an ALJ if that sanction is within the limits established by law or regulation.

 

authority

§ 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797, as amended; D.C. Official Code § 6-641.01 (2012 Repl.)).

source

Final Rulemaking published at 63 DCR 2447, 3454 (March 4, 2016 – Part 2).