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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-Y4. PRE-HEARING AND HEARING PROCEDURES: APPLICATIONS |
Section 11-Y408. HEARING PROCEDURES: GENERAL PROVISIONS
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408.1 The presiding officer at a public hearing on an application shall have the authority to:
(a) Call the public hearing to order;
(b) Consider preliminary matters, including, but not limited to party status requests, motions, and qualifying expert witnesses;
(c) Conduct the public hearing;
(d) Rule upon offers of proof and receive relevant evidence;
(e) Exclude unduly repetitious, immaterial, or irrelevant testimony and permit a witness to adopt the prior testimony of another witness;
(f) Adjourn a public hearing and establish the date when the public hearing will be continued;
(g) Close the public hearing and record;
(h) Take action to maintain decorum and order; and
(i) Take any other action authorized by or necessary under this subtitle.
408.2 Except as provided in Subtitle Y § 408.4, the applicant and all parties (except an affected ANC) in support shall collectively have a maximum of sixty (60) minutes, exclusive of cross-examination, to present testimony. All parties (except an affected ANC) in opposition shall collectively have an amount of time equal to that of the applicant and parties in support, but in no case, more than sixty (60) minutes, exclusive of cross-examination, to present testimony in opposition.
408.3 Individuals shall have a maximum of three (3) minutes and organization representatives shall have a maximum of five (5) minutes to present testimony.
408.4 The Board may grant additional or lesser time than that allowed under Subtitle Y §§ 408.2 and 408.3 to an applicant, individual, organization representative, or party, to present a case, provided that the presiding officer shall ensure reasonable balance in the allocation of time between proponents and opponents.
408.5 Nothing herein shall prohibit the Board from placing reasonable restrictions on cross-examination, including limitations on the scope of cross-examination, by the applicant or parties in support or opposition.
408.6 A party may cross-examine any other party, individual, or organization representative, except the Board; provided, that the presiding officer may rule a question out of order when it is irrelevant, immaterial, or unduly repetitious, or otherwise outside of the scope of cross-examination.
408.7 All testimony shall be provided under oath or affirmation.
408.8 The Board may pose questions to any witness.
408.9 Evidence shall be taken in conformity with D.C. Official Code § 2-509(b) (2012 Repl.).
408.10 The Board may close the record at the end of a public hearing and, in a bench decision, vote at such time either to grant or deny the application. Alternatively, the Board may schedule the case for a regularly scheduled or special public decision meeting.