Section 11-Y502. REQUESTING INTERVENOR STATUS

502.1 Those persons who do not have automatic party status in a zoning appeal pursuant to Subtitle Y § 501.1, but who wish to participate as an intervenor in a contested case proceeding before the Board, shall file a written request for intervenor status with the Board that meets the following requirements: 

(a) The person requesting intervenor status and their authorized representatives, if any, shall provide the following information in their initial filing with the Board:  Name, mailing address, telephone number, facsimile number, and e-mail address;

(b) An identification of the appeal by number, the appellant’s name, and the address of the property that is the subject of the appeal;

(c) A request to appear and participate as an intervenor;

(d) Whether the person will appear as a proponent or opponent of the appeal;

(e) If the person will appear through legal counsel or other authorized representation and, if so, the name and address of the legal counsel or other authorized representation;

(f) If the person will be represented by an individual, the request shall contain a written authorization that includes the power of the representative to bind the person in the case before the Board; 

(g) If the intervenor status request is not being made by an individual, but by an association, corporation, partnership, government agency, or other similar entity, the request shall include proof that the entity authorized the persons filing the request to do so.  The proof may consist of a resolution of the person’s board of directors; a copy of the by-law provision authorizing the particular officer, employee, or agent to represent the person in such proceedings; a letter signed by all the members of the organization; or similar proof satisfactory to the Board;

(h) A list of witnesses who will testify on the person's behalf; and

(i) A written statement setting forth why the person should be granted intervenor status, including reference to the following:

 

(1) The property owned or occupied by the person, or in which the person has an interest, that will be affected by the action requested of the Board;

 

(2) The legal interest the person has in the property, such as owner, tenant, trustee, or mortgagee;

(3) The distance between the person's property and the property that is the subject of the application before the Board;

 

(4) The environmental, economic, social, or other impacts likely to affect the person and/or the person's property if the appeal is affirmed or reversed; and

 

(5) An explanation of how the party has an interest that may not be adequately represented by the automatic parties.

502.2 The Board shall determine whether to grant or deny intervenor status requests at the opening of the first public hearing on the appeal except the Board may consider an intervenor status request at a public meeting scheduled at least fourteen (14) days prior to the public hearing, if the person requesting intervenor status requests advance consideration on the Request for Intervenor Status form.

502.3 A Request for Intervenor Status that is to be considered at a public hearing shall be filed with the Board not less than fourteen (14) days prior to the public hearing.

502.4 A Request for Intervenor Status that is requested to be considered at a public meeting shall identify the public meeting date sought and shall be filed with the Board not less than fourteen (14) days prior to that date.

502.5 If there is no public meeting scheduled within thirty (30) days of the public hearing, the person may request that the Chairperson schedule a special public meeting to hear the intervenor status request.

502.6 At or before the time of filing the request, the person requesting intervenor status shall serve a copy of the request on the appellant and the affected ANC.

502.7 At the time of filing the request, the person requesting intervenor status shall file an affidavit of service to all parties with the Board.

502.8 Any opposition to an intervenor status request by the appellant or affected ANC shall be filed within seven (7) days following the date by which it was served. An appellant’s or affected ANC’s failure to file a timely opposition shall be deemed signifying no objection to the Request for Intervenor Status. 

502.9 Replies to any opposition by the person requesting intervenor status will not be accepted into the record.

502.10 A person requesting intervenor status must be present at the public hearing or meeting at which the request is being considered; however, the attendance of the appellant or affected ANC at the public meeting is discretionary.  Failure of the person or their representative to appear shall be deemed to constitute the withdrawal of the intervenor status request.

502.11 During the portion of a public meeting in which an intervenor status request is being considered, the Board may call forward the person making the request as well as the appellant or affected ANC if an objection was timely made pursuant to Subtitle Y § 502.8.  The Board may put questions to the person making the request and the appellant or affected ANC and to hear argument on the issue.

502.12 The Board shall determine who will be recognized as an intervenor. In so determining, the Board shall consider whether the provisions of Subtitle Y § 502.1 have been complied with and whether the specific information presented qualifies the person as an intervenor.

502.13 In considering any request for intervenor status, the Board shall grant intervenor status only if:

(a) The person requesting intervenor status, or their agent to represent the person in such proceedings, is present at the time of decision;

(b) The person requesting intervenor status has clearly demonstrated that:

(1) The person has a specific right or interest that will be affected by action on the appeal;

(2) The person’s interest would likely be more significantly, distinctively, or uniquely affected by the proposed zoning relief than those of other persons in the general public;

(3) That specific right or interest will not be adequately represented by the automatic parties; and

(4) Their intervention would not unduly broaden the issues or delay the proceedings; and

502.14 In granting intervener status, the Board may specify whether the person will be permitted to intervene in the appeal for general or limited purposes.

502.15 No person may request reconsideration of the denial of their intervenor status request.

502.16 If a Request for Intervenor Status is denied, another Request for Intervenor Status may not be made.

502.17 If a person granted intervenor status no longer wishes to participate in the appeal, the person or their representative shall file written notice of that intent, which shall be served on the other parties.  Upon the filing of such notice, the person shall no longer be considered an intervenor.

 

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, 3500 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016).