Section 11-Z408. PUBLIC HEARING PROCEDURES

408.1 The presiding officer shall have authority to:

(a) Call the hearing to order;

(b) Consider preliminary matters, including, but not limited to, party status requests, motions, and qualifying expert witnesses;

(c) Conduct the hearing;

(d) Rule upon offers of proof and receive relevant evidence;

(e) Exclude unduly repetitious or irrelevant testimony, and permit a witness to adopt the prior testimony of another witness;

(f) Adjourn a hearing and establish the date when the hearing will be continued;

(g) Close the hearing and record;

(h) Take action to maintain decorum and order; and

(i) Take any other action authorized by this title or necessary under this chapter.

408.2 Except as provided in Subtitle Z § 408.4, the applicant and all parties (except an affected ANC) in support shall collectively have a maximum of sixty (60) minutes, exclusive of cross-examination, to present testimony. All parties (except an affected ANC) in opposition shall collectively have an amount of time equal to that of the applicant and parties in support, but in no case, more than sixty (60) minutes collectively, exclusive of cross-examination, to present testimony in opposition.

408.3 Individuals and organization representatives in support, in opposition, and those undeclared shall have a maximum of three (3) and five (5) minutes respectively to present testimony.

408.4 The Commission may grant additional or lesser time than that allowed under Subtitle Z §§ 408.2 and 408.3 to an applicant, individual, organization representative, or party, to present a case, provided that the presiding officer shall ensure reasonable balance in the allocation of time between proponents and opponents.

408.5 Nothing herein shall prohibit the Commission from placing reasonable restrictions on cross-examination, including limitations on the scope of cross-examination, by the applicant or parties in support or opposition.

408.6 A party may cross-examine any other party, individual, or organization representative, except the Commission; provided, that the presiding officer may rule a question out of order when it is irrelevant, immaterial, or unduly repetitious, or otherwise outside of the scope of cross-examination.

408.7 Evidence shall be taken in conformity with D.C. Official Code § 2-509(b) (2012 Repl.).  Pursuant to D.C. Official Code § 2-509(b) (2012 Repl.), any oral and any documentary evidence may be received, but the Commission shall exclude irrelevant, immaterial, and unduly repetitious evidence. Every party shall have the right to present in person or by counsel its case or defense by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. Where any decision of the Commission in a contested case rests on official notice of a material fact not appearing in the evidence in the record, any party to such case shall on timely request be afforded an opportunity to show the contrary.

408.8 The applicant shall carry the burden of justifying the proposal.  Failure of groups or persons to appear in opposition shall not relieve the applicant of the responsibility of demonstrating the merits of the application.

408.9 The order of procedure for presenting evidence at the hearing shall be as follows:

(a) Call to order and opening statement by the presiding officer;

(b) Consideration of preliminary matters, including, but not limited to, party status requests, motions, and qualifying expert witnesses;

(c) Applicant's case;

(d) Reports or statements by the Office of Planning (OP) and other government agency representatives, if any;

(e) Affected ANC(s);

(f) Parties in support of the application;

(g) Individuals and organization representatives in support of the application;

(h) Parties in opposition to the application;

(i) Individuals and organization representatives in opposition to the application;

(j) Individuals and organization representatives who are undeclared with respect to the application;

(k) Rebuttal by applicant; and

(l) Closing statement by applicant. 

408.10 If surprise to the applicant or to a party in a contested case is clearly shown and the inability to proceed is demonstrated, a hearing may be adjourned to allow the applicant or party sufficient time to offer rebuttal evidence. This evidence shall be filed with the Director at least fourteen (14) days before the hearing is resumed.

408.11 The Commission may close the record at the end of a hearing and vote either to deny an application or to grant an application not involving a map amendment or schedule the case for final action at a public meeting. If the application is for a map amendment, including a map amendment proposed in association with a planned unit development, the Commission may deny the application, take proposed action on the application, or schedule the application for proposed action at a public meeting. 

408.12 No decision or order of the Commission on an application shall be made except upon the exclusive record of the proceedings before the Commission.

408.13 All testimony shall be provided under oath or affirmation.

 

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, 3573 (March 4, 2016 – Part 2).