D.C. Mun. Regs. tit. 11, r. 11-Y203

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 11-Y203 - EVIDENCE

203.1

The provisions of this section apply as follows:

(1) This section applies in its entirety to zoning appeals and variance and special exception applications;

(2) Except for Subtitle Y § 203.2, the provisions of this section shall not apply to civil infraction appeals; provided, however, that if a party in a civil infraction appeal uses a demonstrative aid during oral argument, the demonstrative aid shall be filed in the record in accordance with the requirements of Subtitle Y §§ 203.3 through 203.6; and

(3) The provisions of Subtitle Y § 203.3 through 203.6 shall apply in a chancery proceeding.

203.2

Exhibits may be offered in evidence at the hearing.

203.3

Any exhibit that exceeds a size suitable for inclusion in the record shall be reduced to a size not to exceed tabloid size of eleven inches (11 in.) by seventeen inches (17 in.).

203.4

If models are used, images of the models not exceeding tabloid size of eleven inches (11 in.) by seventeen inches (17 in.) shall be submitted into the record.

203.5

If PowerPoint presentations, computer simulations, slides, or similar media are used, a paper copy of the exhibit shall be filed with the Board.

203.6

If a video is used, six (6) copies of the video on DVD shall be filed with the Board.

203.7

In special exception and variance applications, and zoning and civil infraction appeals, the Zoning Act of 1938, as amended, the Zoning Regulations, and the official Zoning Map, shall be a part of the record of every proceeding before the Board, and it shall not be necessary for any party or person formally to move their introduction into evidence.

203.8

If a map, plan, or other document is readily available to the general public, in lieu of filing a copy of the document, the applicant or appellant need only provide a complete citation to the source of the document and indicate where the public may view the document.

203.9

An individual offered as an expert witness shall provide written evidence to the Board of expertise including but not limited to educational attainment, licensing, accreditation, and examples of relevant or comparable work and employment.

203.10

An expert witness shall be present at the hearing and be available for questions from the Board and cross examination by any other party.

203.11

The applicant, appellant, public agency representatives, additional parties, organization representatives, and individuals may appear as witnesses and offer evidence at a hearing.

203.12

In a contested case, witnesses may be examined or cross-examined by the Board, the applicant, or any party so determined by the Board under this subtitle.

203.13

In a chancery case under Subtitle X, Chapter 2, only the Board may examine witnesses. A public agency representative may pose a question to a witness through the presiding officer.

D.C. Mun. Regs. tit. 11, r. 11-Y203

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