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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-Y5. PRE-HEARING AND HEARING PROCEDURES: ZONING APPEALS |
Section 11-Y501. INTERVENOR STATUS: GENERAL GUIDELINES
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501.1 In a zoning appeal, the following persons automatically have party status:
(a) The appellant;
(b) The person whose administrative decision is the subject of the appeal, the appellee;
(c) The owner, lessee, operator, or contract purchaser of the property that is the subject of the administrative decision, if different from the appellant; and
(d) The affected ANC.
501.2 In a civil infraction appeal, only the persons who participated as parties in the proceeding below shall have party status:
(a) The appellant;
(b) The District of Columbia Department of Consumer and Regulatory Affairs; and
(c) Any person who participated as a party in the proceeding that is the subject of the order being appealed.
501.3 Any person may move to intervene in a zoning appeal and may become an intervenor thereto if the Board finds that the party has an interest that may not be adequately represented by the automatic parties; provided, that the intervention would not unduly broaden the issues or delay the proceedings.
501.4 In an appeal proceeding before the Board, an intervenor shall be afforded all the procedural rights provided in this subtitle, including the right to receive a copy of any:
(a) Documents filed by any other party in the case at the same time or before the document is filed with the Board; and
(b) Written notice of any decision or order entered in the case.
501.5 In all contested case proceedings before the Board, an intervenor may:
(a) Submit motions and requests to the Board, and respond to any motions or requests submitted to the Board by others;
(b) Present witnesses in support of the intervenor’s position;
(c) Cross-examine all other parties and persons testifying in the case;
(d) Submit proposed findings of fact and conclusions of law; and
(e) Exercise all other procedural rights provided in this subtitle.