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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-Y8. REMAND PROCEDURES |
Section 11-Y801. REMAND PROCEDURES
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801.1 Upon receipt of a Court of Appeals mandate remanding a Board decision, the Director shall request the Office of the Attorney General (“OAG”) to provide a memorandum that:
(a) Summarizes the Court of Appeals holding;
(b) Identifies the issues that must be decided on the remand; and
(c) Provides such further information and analysis as to enable the Board to comply with the remand instructions.
801.2 Following receipt of the OAG memorandum, the Board may meet to determine whether it should request the parties to submit briefs, provide additional oral or documentary evidence, present oral argument, or to augment the record by other means.
801.3 If it is determined that any of these actions are needed, the Board shall issue a procedural order identifying the actions required and the timeframe within which those action must occur. The order shall be sent to any party who participated in the earlier proceedings, or the party's authorized representative.
801.4 No new parties shall be added to the case, and the Office of Zoning shall not accept requests for party status.
801.5 If a further hearing is ordered, the procedural order shall be issued no earlier than fourteen (14) days prior to the date set for the further hearing. The Director may provide such other notice of the hearing, as he or she deems appropriate.
801.6 Testimony at any further hearing shall be limited to witnesses called by the parties, unless the procedural order states otherwise.
801.7 Once the Board Chairperson believes that the record is sufficient to permit deliberation, the Board Secretary shall distribute to each Board member the case record and schedule the case for decision.
801.8 Any Board member who did not participate in the original decision shall indicate that he or she has read the record as a prerequisite to participating in the remand deliberations.