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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-Y6. POST-HEARING PROCEDURES |
Section 11-Y602. CLOSING THE RECORD
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602.1 The record shall be closed following the public hearing, except that the record may be kept open for a stated period for the receipt of specific exhibits, information, or legal briefs, as may be directed by the presiding officer.
602.2 Each party shall serve any specific exhibits, information, or legal briefs on all other parties at the same time as specific exhibits, information, or legal briefs are filed with the Board.
602.3 The Board shall allow all parties to a case an opportunity to file written responses to any exhibits, information, or briefs submitted after the close of the hearing. All responses shall be filed within seven (7) days after the date by which the exhibits, information, or briefs were due, unless otherwise directed by the presiding officer. Replies by other parties to the aforementioned responses will not be accepted into the record.
602.4 The Board may on its own motion reopen the record prior to making a final decision for the purposes of requesting additional submissions or conducting a further hearing on designated issues.
602.5 Notice of any further hearing need only be provided to the parties. Notice of the reopened record and any further hearing, plus a designation of the issues, shall be forwarded to any party who appeared and participated in the earlier hearings. If only additional submissions are requested, the notice shall identify which parties are required to make the submission which parties may reply, and the time period for doing so. If a further hearing is to be held, the notice of such hearing shall be sent at least ten (10) days prior to the date set for the further hearing.
602.6 Any supplemental material received by the Board after the close of the record that bears upon the substance of the application or appeal shall be returned by the Director and not accepted into the files of the Board. However, if the materials are accompanied by a separate request to reopen the record, the request shall be accepted and presented to the Board for consideration. The request must demonstrate good cause and the lack of prejudice to any party. Such requests may be granted by the presiding officer and, if granted, the supplemental materials shall be entered into the record.
602.7 The Director shall notify the parties by e-mail of the acceptance of supplemental material. Any response by a party to such supplemental material must be filed no later than seven (7) days after the date of the e-mail notice.