D.C. Mun. Regs. tit. 11, r. 11-Y700

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

Rule 11-Y700 - RECONSIDERATION OF FINAL ORDER; REHEARING AFTER FINAL ORDER

700.1

The provisions of this section apply as follows:

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

(b) The provisions of this section relating to reconsideration apply to civil infraction appeals; and

(c) This section does not apply to chancery proceedings.

700.2

Any party may file a motion for reconsideration or rehearing of any decision of the Board granting or denying an application or appeal, provided that the motion is filed with the Director within ten (10) days from the date of issuance of a final written order by the Board. The motion shall be served on all other parties to the proceeding at or before the time the motion is filed with the Board. No motion to reconsider any other decision may be filed. A request by a non-party for leave to file a motion for reconsideration shall not be accepted.

700.3

The Board shall not receive or consider any motion for reconsideration or rehearing of a Board decision that is filed prior to an order being issued pursuant to Subtitle Y §§ 604.7, nor shall it waive this prohibition.

700.4

No motion for reconsideration or rehearing may be filed after a petition to review an order granting or denying an application or granting or denying an appeal has been filed with the District of Columbia Court of Appeals and any pending motion for reconsideration or rehearing shall be dismissed if such a petition is filed.

700.5

Any party in a zoning appeal or a variance or special exception proceeding may make a motion to request that the Board re-open the record and rehear the application or appeal, in whole or in part, to permit the party to present newly discovered evidence which, by due diligence, could not have been reasonably presented to the Board prior to the issuance of the Board's final order.

700.6

A motion for reconsideration or rehearing shall be filed on a form and in a manner as may be designated by the Director.

700.7

A motion for reconsideration shall state specifically:

(a) All respects in which the final order is claimed to be erroneous; and

(b) The relief sought.

700.8

A motion for rehearing shall state specifically:

(a) The newly discovered evidence;

(b) The reason the newly discovered evidence could not have been reasonably presented to the Board prior to the issuance of the Board's final order; and

(c) The relief sought.

700.9

Within ten (10) days after a motion for reconsideration or rehearing has been filed and served, any other party may file a written response in support of or opposition to the motion. The response shall be served on all other parties to the proceeding at or before the time the response is filed with the Board. Replies by other parties to the aforementioned answers will not be accepted into the record.

700.10

The Board, on its own motion, may decide to reconsider or rehear a case, no later than ten (10) days after the filing of the final order in the case record.

700.11

If a rehearing is granted, the Board shall give notice of the rehearing, together with a designation of the issues to be addressed, in accordance with the procedures specified for providing public notice in the original public hearing.

700.12

Unless the Board orders otherwise pursuant to Subtitle Y §§ 701.2, neither the filing nor granting of a motion for reconsideration or rehearing shall automatically stay the effect of a final decision.

700.13

A motion for reconsideration or rehearing shall not be a prerequisite to judicial review.

D.C. Mun. Regs. tit. 11, r. 11-Y700

Final Rulemaking published at 63 DCR 2447 (9/6/2016); amended by Final Rulemaking published at 71 DCR 9667 (8/2/2024)