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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 3. ELECTIONS AND ETHICS |
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Chapter 3-13. ADVISORY NEIGHBORHOOD COMMISSION VACANCIES |
Section 3-1302. DECLARATION OF VACANCY BY THE BOARD
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1302.1If the Executive Director, through voter registration list maintenance activities, receives evidence that a Commissioner is no longer a registered qualified elector residing in the Single-Member District from which he or she was elected, the Executive Director, or his or her designee, shall present such evidence to the Board at a public hearing to determine whether a vacancy should be certified
1302.2The Executive Director or his or her designee shall notify the Commissioner by certified mail of the hearing and provide the evidence supporting the existence of the vacancy. The hearing shall be held no fewer than twenty (20) days after the mailing of the Notice.
1302.3The notice shall include the following information:
(a)A statement that the Executive Director or his or her designee shall present evidence that the Commissioner is not a registered qualified elector residing in the Single-Member District from which elected; and
(b)A statement that the Commissioner may rebut the evidence, in-person or in writing.
1302.4The Executive Director or his or her designee shall send copies of the notice to the following:
(a)The Chairperson of the affected commission;
(b)The Council of the District of Columbia; and
(c)The Mayor of the District of Columbia.
1302.5The Board shall consider the Executive Director’s evidence and any evidence presented in the rebuttal by the Commissioner. If the Board finds that the Commissioner is not a registered qualified elector residing in the Single-Member District from which he or she was elected, the Board shall certify the seat as vacant.
1302.6Within three (3) days after the certification of the vacancy, the affected Commissioner may apply to the District of Columbia Court of Appeals for a review of the reasonableness of such determination.