D.C. Mun. Regs. tit. 11, r. 11-Y102

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 11-Y102 - ORGANIZATION
102.1

The Board shall consist of five (5) members and shall have the duties and powers set forth in this subtitle.

102.2

The Board, pursuant to D.C. Official Code § 6-641.07, shall consist of three (3) Mayoral appointees, one (1) member of the National Capital Planning Commission (or staff designee), and one (1) member of the Zoning Commission (or staff designee).

102.3

Three (3) members of the Board shall constitute a quorum. A quorum is necessary to conduct a hearing or meeting, but a lesser number may publicly announce a postponement or adjournment. If necessary, the Director may announce a postponement.

102.4

The Board shall elect its Chairperson and Vice-Chairperson at its first meeting held in February of each calendar year, unless a vacancy occurs at some other point during the calendar year, at which point the Board shall hold elections in a timely manner.

102.5

The Chairperson shall preside at all meetings and hearings of the Board. In the event of the absence or disability of the Chairperson, the Vice-Chairperson shall preside.

102.6

The Chairperson of the Board shall be selected from one (1) of the three (3) Mayoral appointees to the Board.

102.7

A Board member may vote or cast an absentee vote at a meeting only if the Board member attended all of the hearings on the application or appeal or reviewed the complete record. Nothing in this subsection shall be construed to require a Board member to read the transcript in order to vote on a subsequent application to extend or modify the order granting the application.

102.8

While a majority of the Board members present at a meeting or hearing may take a procedural action, any final action on an application or appeal requires the concurrence of at least three (3) of the five (5) Board members.

102.9

No Board member shall vote on any post-hearing motion unless the Board member participated in, and voted on, the original decision, or the Board member reviewed the complete record.

D.C. Mun. Regs. tit. 11, r. 11-Y102

Final Rulemaking published at 63 DCR 2447 (9/6/2016)