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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 23. ALCOHOLIC BEVERAGES |
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Chapter 23-16. CONTESTED HEARINGS, NON-CONTESTED HEARINGS, PROTEST HEARINGS AND PROCEDURES |
Section 23-1603. ROLL CALL HEARING
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1603.1 The roll call hearing is a non-adversarial hearing conducted by the Board’s agent to identify timely filed protests received during the protest period, confer standing to protestant groups, and to set a date for mediation, the status hearing, and the protest hearing. For purposes of this section, the Board’s agent shall be defined as an ABRA Office of the General Counsel employee at or above the Grade 12 level, excluding the ABRA General Counsel.
1603.2Each applicant and each person or group submitting a protest shall attend the roll call hearing in person or appear through a designated representative.
1603.3The ANC may designate any member or every member of its Commission to participate in the protest process.
1603.4Failure to appear in person or through a designated representative at the roll call hearing may result in denial of the license application or dismissal of a protest, unless, in the discretion of the Board, good cause is shown for the failure to appear: Examples of good cause for failure to appear include, but are not limited to:
(a) Sudden, severe illness or accident;
(b) Death or sudden illness in the immediate family, such as spouse, partner children, parents, siblings;
(c) Incarceration;
(d) Severe inclement weather; or
(e)Arriving after the roll call hearing has concluded.
1603.5A recommendation by the Board’s Agent to dismiss a license application or dismiss a protest for failure to attend the roll call hearing shall be forwarded to the Board for issuance of a written Order. A request for reinstatement of the license application or the protest must be filed with the Board within ten (10) days after receipt of the Order. In reviewing the request for reinstatement of the license application or the protest, the Board shall consider whether, in the discretion of the Board, the party has shown good cause for his or her failure to appear at the roll call hearing.
1603.6At the roll call hearing, the Board’s agent shall have the authority to:
(a) Regulate the course of the hearing;
(b) Request the persons appearing at the hearing to identify themselves, and provide contact information including email addresses;
(c) Request or accept written documentation from the parties including letters of representation;
(d) Identify the parties with standing and the filed protest issues, if undisputed;
(e) Approve a joint request from the parties to schedule mediation;
(f) Adjourn a hearing and establish the date when the hearing will be continued; and
(g)Take any other action authorized by, or necessary under, this section.
1603.7At the roll call hearing the parties shall be required, on a form prescribed by the Board, to provide their name, address, email address, and telephone numbers, as well as the same information for any attorney or non-attorney representative representing the parties. The parties shall also indicate on the form their consent to service by electronic means to his or her email address or to the email address of his or her attorney or representative.
1603.8 Upon the scheduling of the roll call hearing, all parties shall be prohibited from participating in any ex parte communication with the Board’s agent relevant to the merits of the proceeding. This shall include any oral or written communication not in the public hearing record with respect to which reasonable prior notice is not given to all parties to the proceeding.
1603.9The roll call hearing shall be open to the public and transcribed by a certified court reporter.