Section 11-Z602. CLOSING THE RECORD

602.1 The record shall be closed at the end of the public hearing, unless the Commission makes a determination to keep the record open for a stated period for the receipt of specific exhibits, information, or legal briefs, as directed by the presiding officer.

602.2 In a contested case, an applicant that has been required by Subtitle Z § 401.2 to submit a memorandum of understanding, and who did not submit, during or before the hearing, a fully executed written agreement to implement that memorandum, shall submit a written agreement, executed by the applicant and all appropriate agencies or entities, prior to the scheduling of proposed action.

602.3 In a contested case, the Commission shall allow all parties to a case an opportunity to file written responses to any exhibits, information, or legal briefs submitted after the close of the public hearing. All responses shall be filed within seven (7) days following the date by which the exhibits, information, or legal briefs were due. Replies by other parties to the aforementioned responses will not be accepted into the record.

602.4 In a rulemaking case, the Commission may allow individuals an opportunity to file written responses to any exhibits, information, or legal briefs submitted within the period designated by the Commission.

602.5 Prior to taking final action in a contested case, the Commission may on its own motion re-open the record and require submission of additional materials or further hearing on designated issues before the Commission.  Notice of a further hearing along with a designation of issues shall be forwarded to any party who participated in the earlier proceedings, or the party's authorized representative. Notice shall be given at least fourteen (14) days prior to the date set for further hearing. 

602.6 Any supplemental material received by the Commission after the close of the record that bears upon the substance of the application or petition shall be returned by the Director and not accepted into the files of the Commission.  However, if the materials are accompanied by a separate request to re-open the record, the request shall be accepted and presented to the Commission for consideration. The request must demonstrate good cause and the lack of prejudice to any party. Such requests may be granted by the presiding officer and, if granted, the supplemental materials shall be entered into the record.

 

 

 

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).