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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-Z. ZONING COMMISSION RULES OF PRACTICE AND PROCEDURE |
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Chapter 11-Z4. PRE-HEARING AND HEARING PROCEDURES: CONTESTED CASES |
Section 11-Z403. PARTIES: GENERAL GUIDELINES
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403.1 This section and Subtitle Z § 404 only apply to contested case applications because parties are permitted to participate in those proceedings. These provisions do not apply to rulemaking proceedings where no parties are allowed.
403.2 The use of the term “person” includes entities.
403.3 All persons may present testimony before the Commission, but parties may also present witnesses, cross-examine witnesses, file pleadings and proposed orders, receive pleadings and proposed orders filed by other parties, and receive the final order issued by the Commission.
403.4 Being a party is not a pre-requisite to filing a petition to review a Commission decision with the District of Columbia Court of Appeals.
403.5 In an application for a contested case before the Commission, including, but not limited to, cases described in Subtitle Z § 201.2, the following persons automatically have party status:
(a) The applicant; and
(b) The ANC within which the property that is the subject of the application is located; except that if the subject property is located on a street that serves as a boundary line between two (2) ANC’s, both ANCs are automatic parties.
403.6 In a contested case proceeding before the Commission, a party shall be afforded all the procedural rights provided in this chapter, including the right to receive a copy of any:
(a) Service by any other party in the case of documents at the same time or before the document is filed with the Commission; and
(b) Written notice of any decision or order entered in the case.
403.7 In all contested case proceedings before the Commission, a party may:
(a) Submit motions and requests to the Commission, and respond to any motions or requests submitted to the Commission by others; provided that the record is open;
(b) Present witnesses in support of the party’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 chapter.