Section 11-Z700. RECONSIDERATION OF FINAL ORDER; REHEARING AFTER FINAL ORDER

700.1 Requests for reconsideration of an application or petition dismissed without a hearing shall not be entertained.

700.2 No application or petition essentially the same as that denied following a hearing shall be accepted for filing within one (1) year after the denial.

700.3 A motion for reconsideration, rehearing, or re-argument of a final order in a contested case under Subtitle Z § 201.2 may be filed by a party within ten (10) days of the order having become final. The motion shall be served upon all other parties.

700.4 The Commission shall not receive or consider any motion for reconsideration, rehearing, or re-argument of a final order in a contested case proceeding that is filed prior to the order having become final.

700.5 A motion for reconsideration, rehearing, or re-argument shall be filed on a form and in a manner as may be designated by the Director.

700.6 A motion for reconsideration, rehearing, or re-argument shall state specifically the respects in which the final order is claimed to be erroneous, the grounds of the motion, and the relief sought. 

700.7 No request for rehearing shall be considered by the Commission unless new evidence is submitted that could not reasonably have been presented at the original hearing. If a rehearing is granted, notice shall be given as in the case of an original hearing. 

700.8 Within seven (7) days after a motion for reconsideration, rehearing, or re-argument has been filed and served, any other party may file an answer in opposition to or in support of the motion. Replies by other parties to the aforementioned answers will not be accepted into the record.

700.9 Notice of a further hearing along with the designated issues shall be forwarded to any party who participated in the earlier proceedings, or the party's authorized representative. Notice shall be provided at least fourteen (14) days prior to the date set for further hearing.

700.10 Neither the filing nor the granting of the motion for reconsideration, rehearing, or re-argument shall stay a decision unless the Commission orders otherwise.

700.11 A motion for reconsideration, rehearing, or re-argument shall not be a prerequisite to judicial review.

700.12 A motion for reconsideration, rehearing, or re-argument of a final order in a rulemaking case shall not be accepted for filing or considered, except that a member of the Commission may initiate a motion for reconsideration up to thirty-five (35) days after the vote on the final action.

 

 

 

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).