D.C. Mun. Regs. tit. 11, r. 11-Y403

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

Rule 11-Y403 - PARTIES: GENERAL GUIDELINES

403.1

This section and Subtitle Y § 404 only apply to applications for special exceptions and variances because parties are permitted to participate in those proceedings. These provisions do not apply to chancery applications, which are rulemaking proceedings and therefore no parties are allowed.

403.2

The use of the term "person" includes entities.

403.3

All persons may present testimony before the Board, but parties may also present witnesses, cross-examine witnesses, file pleadings and proposed orders, receive pleadings and proposed orders filed by other parties, and receive the final order issued by the Board.

403.4

Being a party is not a prerequisite to filing a petition to review a Board decision with the District of Columbia Court of Appeals.

403.5

The following persons automatically have party status:

(a) The applicant; and

(b) The affected ANC; except that if the subject property is located on a street that serves as a boundary line between two ANC's, both ANCs are automatic parties.

403.6

In a variance or special exception proceeding before the Board, a party shall be afforded all the procedural rights provided in this subtitle, including the right to receive a copy of any:

(a) Service by any other party in the case of documents at the same time or before the document is filed with the Board; and

(b) Written notice of any decision or order entered in the case.

403.7

In all variance or special exception proceedings before the Board, a party may:

(a) Submit motions and requests to the Board, and respond to any motions or requests submitted to the Board by others;

(b) Present witnesses in support of the party's position;

(c) Cross-examine all other parties and persons testifying in the case;

(d) Submit proposed findings of fact and conclusions of law; and

(e) Exercise all other procedural rights provided in this subtitle.

403.8

In a chancery proceeding before the Board, no person shall have the standing of a party.

D.C. Mun. Regs. tit. 11, r. 11-Y403

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