D.C. Municipal Regulations (Last Updated: September 13, 2017) |
Title 11. ZONING REGULATIONS OF 2016 |
SubTilte 11-Z. ZONING COMMISSION RULES OF PRACTICE AND PROCEDURE |
Chapter 11-Z6. POST-HEARING PROCEDURES |
Section 11-Z600. DISPOSITION OF CASE BY WITHDRAWAL OR DISMISSAL
Latest version.
- 600.1 An applicant or petitioner may withdraw an application or petition at any time prior to advertisement of the hearing.
600.2 Following advertisement, an application or petition may be withdrawn only with the consent of the Commission.
600.3 An applicant or petitioner may withdraw, respectively, an application or petition at any time prior to the issuance of the Commission’s written final decision and order, subject to the following conditions:
(a) The applicant or petitioner shall file a written statement with the Commission withdrawing the application or petition;
(b) Withdrawal shall not authorize the removal of any document or paper from the files of the Commission;
(c) The application or petition fee shall not be refunded upon withdrawal; and
(d) If an application or petition is withdrawn, a new application or petition shall not be accepted for filing for at least ninety (90) days after the date the written statement of withdrawal is filed.
600.4 The Commission may dismiss an application or petition for failure of the applicant or petitioner to comply with the procedural requirements of this chapter, as follows:
(a) Dismissal shall not authorize the removal of any document or paper from the files of the Commission;
(b) The application or petition fee shall not be refunded upon dismissal; and
(c) If an application or petition is dismissed before the close of the record, a new application or petition shall not be accepted for at least ninety (90) days after the date of the written order dismissing the application or petition.
600.5 No application or petition shall be dismissed on the grounds that the applicant or petitioner failed to comply with the provisions of this chapter unless, after due notice of the deficiency and expiration of a reasonable time as fixed by the Commission, the deficiency has not been corrected.
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).