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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 11. ZONING REGULATIONS OF 2016 |
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SubTilte 11-Y. BOARD OF ZONING ADJUSTMENT RULES OF PRACTICE AND PROCEDURE |
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Chapter 11-Y3. APPLICATION REQUIREMENTS |
Section 11-Y303. CIVIL INFRACTION APPEAL FILING REQUIREMENTS
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303.1 Any person aggrieved by an order issued by an Administrative Law Judge (ALJ) pertaining to alleged civil infractions of the Height Act and the Zoning Regulations may file a timely civil infraction appeal with the Board.
303.2 A civil infraction appeal shall be filed within fifteen (15) days after service of the order.
303.3 An authorized representative may file a civil infraction appeal on behalf of the appellant. The civil infraction appeal shall include a letter signed by the appellant authorizing the representative to act on the appellant’s behalf with respect to the civil infraction appeal. The Board may at any time require additional evidence demonstrating the authority of the representative to act for the appellant.
303.4 A civil infraction appeal shall be taken through the filing of a Notice of Appeal on the form provided by the Director. The appellant shall furnish two (2) copies of all information required by the form at the time of filing the appeal, including:
(a) That an appeal is taken;
(b) A copy or identification of the order from which the appeal is taken;
(c) A concise statement indicating why the appellant believes the final decision is in error;
(d) The full name, street address, and telephone number of the appellant and the appellant’s counsel, if any;
(e) Whether oral argument is requested; and
(f) The signature of the appellant or the appellant’s counsel.
303.5 At the time of filing the civil infraction appeal, the fee shall be paid pursuant to Subtitle Y, Chapter 16.
303.6 A Notice of Appeal shall not be accepted unless accompanied by a certificate of service demonstrating that a copy of the Notice and all accompanying documents have been served upon each party admitted to participate in the proceeding, who shall hereafter be referred to as the “other parties”.
303.7 Upon receiving a complete appeal, the Director shall issue a briefing order outlining the documents that are pertinent to the appeal, including the following:
(a) The appellant shall serve and file a brief that includes:
(1) A table of contents, with page references, and a table of cases alphabetically arranged with asterisks placed before the cases chiefly relied upon, and statutes, rules, regulations, and other authorities cited, with references to the pages of the brief where they are cited;
(2) A statement of the issues presented for review;
(3) A statement of the facts of the case. A statement will first indicate briefly the nature of the case, the course of proceedings, and its disposition by the ALJ. There will follow a statement of the facts relevant to the issues presented for review, with appropriate references to the record;
(4) An argument, which may be preceded by a summary. The argument shall contain the contentions and the reasons for those contentions, with citations to the authorities, statutes, and parts of the record relied upon; and
(5) A short conclusion stating the precise relief sought; and
(b) The appellee and any intervenor may serve and file a brief within forty (40) days of service of the appellant’s brief; and the appellant may serve and file a reply brief within twenty-one (21) days of service of the appellee’s brief.
303.8 Each brief must contain or be accompanied by a certificate of service.