D.C. Mun. Regs. tit. 11, r. 11-Y703
This section applies to all applications and appeals filed with the Board under this subtitle.
The procedure shall allow the Board, in the interest of efficiency, to make, without public hearing, modifications to approved final orders and plans approved by such orders. The Office of Zoning is authorized to make technical corrections to final orders with the permission of the Chair of the Board.
For purposes of this section, "technical correction" shall mean addition, deletion, or correction of material that is needed (1) to correct omissions or errors of grammar, spelling, or citation, or (2) to make other non-substantive changes needed to clarify the intent of the Board when it adopted the order.
Any person may request a technical correction by filing a written request on the form provided by the Director together with any other information requested on the form.
The Board, upon its own motion, may place a technical correction on the Consent Calendar. The Office of Planning or Office of Zoning may initiate a request for a technical correction through the filing of a report.
If the Chair of the Board does not authorize the Office of Zoning staff to make a requested technical correction, then the request will be placed on the Consent Calendar.
For the purposes of this section, "a modification without hearing" is a modification in which the impact may be understood without witness testimony, including, but not limited to a proposed change to a condition cited by the Board in the final order, or a redesign or relocation of architectural elements and open spaces from the final design approved by the Board. Determination that a modification can be approved without witness testimony is within the Board's discretion.
Only the applicant in the original case or its successor may request a modification without hearing and shall do so using the form provided by the Director.
An applicant requesting a modification without hearing shall submit the following information electronically:
The filing of any modification request under this section shall not act to toll the expiration of the underlying order and the grant of any such modification shall not extend the validity of any such order.
All written requests for a modification without hearing shall be served by the applicant on all parties in the original proceeding and the Office of Planning at the same time that the request is filed at the Office of Zoning. If the affected ANC has changed since the effective date of the final order, only the new affected ANC needs to be served.
No requests for party status nor responses from non-parties for a modification without hearing may be filed, and this prohibition may not be waived.
Parties may file a response in opposition or in support no later than thirty (30) days after a request for a modification without hearing has been filed and served. The responding party shall serve all other parties at the time that the response is filed with the Office of Zoning.
A response to a modification without hearing by a non-party shall not be accepted and this prohibition may not be waived. Any such request received shall immediately be returned by Office of Zoning staff.
A request for a modification without hearing shall be filed with the Office of Zoning at least thirty-five (35) days prior to the public meeting at which the request is to be considered.
The Office of Planning may file a report on Consent Calendar requests. Any such report shall be filed with the Director at least ten (10) days prior to the public meeting at which the request is to be considered.
For modifications without hearing, the Board may take one (1) of the following actions at a public meeting:
No application for technical corrections or modifications without hearing shall be processed until the application is complete and all required fees are paid in accordance with the applicable fee schedule prescribed in Subtitle Y, Chapter 16.
A request for a modification without hearing of plans shall be filed with the Board not later than two (2) years after the date of the final order approving the application, or the circumstances of Subtitle Y §§ 702.3 apply, two (2) years after the date the decision date of the court's final determination of the appeal.
D.C. Mun. Regs. tit. 11, r. 11-Y703