Section 11-Z500. SETDOWN PROCEDURES: SCHEDULING RULEMAKING CASE PETITIONS FOR HEARING

500.1 The Director shall review for completeness every petition filed with the Commission within five (5) days of its receipt.

500.2 Upon completing the review of a petition, the Director shall notify the petitioner in writing of any deficiency.  The notice shall list the information necessary to make the petition complete and the date the information must be received, which shall not be less than five (5) days after the date of notice.  If the petitioner fails or refuses to correct the deficiencies in the petition by the date stated, the Director shall not accept the petition for filing.

500.3 As soon as a petition is accepted for filing by the Director, the Director shall place a copy of the petition in the public record of the Commission and refer a copy to the Office of Planning and the District Department of Transportation.

500.4 Notwithstanding the filing of a petition, the Commission may, on its own motion, review and determine the designation of such case as a contested case or rulemaking case based on the standards contained in Subtitle Z §§ 201.2 and 201.5.

500.5 For all petitions, the Commission, at a public meeting, shall determine if the petition should be scheduled (setdown) for a hearing.  The Office of Planning shall review and recommend whether the petition should be set down for a hearing. 

500.6 The report of the Office of Planning shall be in writing and filed with the Director at least ten (10) days prior to a meeting scheduled by the Commission pursuant to Subtitle Z § 103.1.

500.7 The Director shall also refer a copy of the petition to the affected ANC, along with an ANC Setdown Form, which the affected ANC may submit to provide feedback on whether the petition should be set down for hearing. 

500.8 The ANC Setdown Form shall be filed with the Director no later than thirty (30) days after the date the petition is referred. 

500.9 After considering the petition, the recommendations of the Office of Planning, and the ANC Setdown Form of the affected ANC, where appropriate, the Commission may determine at a public meeting to dismiss the petition or set it down for public hearing or other proceeding.

500.10 The concurrence of at least three (3) of the five (5) Commission members shall be required to deny or dismiss a petition without a hearing, as well as to set a matter down for a public hearing or other proceeding. 

500.11 If the matter is denied or dismissed without a public hearing, the Commission shall issue a denial or dismissal order, copies of which shall be published in the D.C. Register, served on the petitioner, and made available on the Office of Zoning website.  The order shall include a statement of reasons for the denial or dismissal.

500.12 If the Commission dismisses a petition without prejudice because of the need to modify the petition, the order shall also state the type of modification the Commission considers appropriate.

500.13 If the matter is set down for a public hearing, the Commission shall, at the same meeting, confirm whether the matter will be heard as a contested or rulemaking case according to the standards in Subtitle Z §§ 201.2 and 201.5 and provide that the notice of hearing will state such classification.

500.14 A petitioner granted a public hearing and other processing shall be so notified on the record.

500.15 After setdown, the hearing date will be scheduled in a timely manner, but only after the petitioner submits its supplemental filing, the appropriate hearing fee has been paid, and it is deemed complete by the Director.

500.16 In a rulemaking case before the Commission, including, but not limited to, those cases described in Subtitle Z § 201.5, there are no parties.

 

 

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); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016).