Section 11-Z506. PUBLIC HEARING PROCEDURES

506.1 Any individual or organization representative may appear at a hearing in a rulemaking case proceeding, and may present, within the time limits determined by the Commission, evidence, testimony, or argument that is relevant and not unduly repetitious pursuant to Subtitle Z § 408.3.

506.2 There are no parties in a rulemaking case proceeding.

506.3 The presiding officer shall have authority to:

(a) Call the hearing to order;

(b) Consider preliminary matters, including, but not limited to, 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 subtitle.

506.4 The order for presenting evidence and arguments at the public hearing for a rulemaking case proceeding 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, motions and qualifying expert witnesses;

(c) Petitioner’s case;

(d) Reports or statements by the Office of Planning and other government agency representatives, as needed;

(e) Affected ANC(s);

(f) Individuals and organization representatives in support of the petition;

(g) Individuals and organization representatives in opposition to the petition; and

(h) Individuals and organization representatives who are undeclared with respect to the petition. 

506.5 The Commission may close the record at the end of a hearing and vote either to deny the petition or take proposed action to grant the petition.  Alternatively, the Commission may schedule the case for proposed action at a public meeting.

506.6 No decision or order of the Commission on a petition shall be made except upon the exclusive record of the proceedings before the Commission.

506.7 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).