D.C. Mun. Regs. tit. 11, r. 11-3112

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 11-3112 - PRE-HEARING PROCEDURES FOR APPEALS

3112.1

The rules of procedure in this section apply to all appeals filed with the Board pursuant to §§ 3100 and 3200.

3112.2

Any person aggrieved by any order, requirement, decision, determination, or refusal made by an administrative officer or body, including the Mayor of the District of Columbia, in the administration or enforcement of the Zoning Regulations may file a timely appeal with the Board as follows:

(a) An appeal shall be filed within sixty (60) days from the date the person appealing the administrative decision had notice or knowledge of the decision complained of, or reasonably should have had notice or knowledge of the decision complained of, whichever is earlier.

(b) If the decision complained of involves the erection, construction, reconstruction, conversion, or alteration of a structure or part thereof, the following subparagraphs shall establish the latest date on which an appeal may be filed:

(1) No appeal shall be filed later than ten (10) days after the date on which the structure or part thereof in question is under roof. For purposes of this subparagraph, the phrase "under roof" means the stage of completion of a structure or part thereof when the main roof of the structure or part thereof, and the roofs of any structures on the main roof or part thereof, are in place; and

(2) The provisions of paragraph (b) of this subsection shall not relieve an appellant of the jurisdictional requirement in paragraph (a) of this subsection of filing a timely appeal.

(c) Notwithstanding paragraphs (a) and (b) of this subsection, for purposes of establishing the timeliness of an appeal under this subsection, an appellant shall have a minimum of sixty (60) days from the date of the administrative decision complained of in which to file an appeal.

(d) The Board may extend the sixty- (60) day deadline for the filing of an appeal only if the appellant demonstrates that:

(1) There are exceptional circumstances that are outside of the appellant's control and could not have been reasonably anticipated that substantially impaired the appellant's ability to file an appeal to the Board; and

(2) The extension of time will not prejudice the parties to the appeal, as identified in § 3199.1.

3112.3

An authorized agent may file an appeal on behalf of the aggrieved person.

3112.4

If an agent files an appeal, the appeal shall include a letter signed by the aggrieved person authorizing the agent to act on the person's behalf in the appeal. The Board may at any time require additional evidence demonstrating the authority of the agent to act for the appellant.

3112.5

Each appeal shall be made on the appropriate form provided by the Board. All information required by such form shall be furnished by the appellant at the time of filing the appeal.

3112.6

At the time of filing the appeal, any fee established by the Mayor of the District of Columbia shall be paid to the District of Columbia Treasurer.

3112.7

Each appeal, along with any application filed pursuant to § 3113, shall be numbered serially and docketed and may be placed upon the calendar of the Board by geographic areas by the Director. When the appeal is accepted, a copy of the appeal form shall be sent to the ANC for the area within which the property is located.

3112.8

A public hearing shall be held on each appeal to the Board.

3112.9

Appeals shall be heard in the order in which they appear on the calendar; provided, the hearing date for an appeal may be advanced by order of the Board for good cause shown.

3112.10

No later than fourteen (14) days before the date of the hearing for the appeal, the appellant shall file with the Board any additional statements, information, briefs, reports (including reports or statements of expert and other witnesses), plans, or other materials that the appellant may wish to offer into evidence at the hearing. Any map, plan, or other document or matter readily available to the general public need only be fully referenced and the source given by the appellant in place of filing a copy.

3112.11

The appellant may withdraw an appeal at any time. Withdrawal shall not authorize the removal of any document from the files of the Board. The appeal fee shall not be refunded upon withdrawal. Without special leave of the Board, a new appeal shall not be accepted again for filing for at least ninety (90) days after withdrawal of the appeal.

3112.12

Without special leave of the Board, an appeal dismissed by the Board for failure to comply with the procedural requirements of this title shall not be accepted again for filing for at least ninety (90) days after the date of the order dismissing the appeal.

3112.13

Notice of a public hearing on an appeal shall include the number of the appeal, the administrative action appealed from, the name of the appellant, the property involved, the ANC for the area within which the property is located, and the location, time, and date of the public hearing.

3112.14

Notice of the public hearing shall be given by the Director not less than forty (40) days before the date of the hearing by:

(a) Publishing the notice in the D.C. Register;

(b) Mailing the notice to the parties to the appeal;

(c) Mailing the notice to the ANC for the area within which the subject property is located; and

(d) Posting the calendar of cases to be heard by the Board in the Office of Zoning.

3112.15

At the time of the hearing on the appeal, the Board shall consider any request to intervene made pursuant to § 3106.2.

The Board shall grant intervener status only if the person requesting intervener status has clearly demonstrated that they have a specific right or interest that will be affected by action on the appeal.

3112.16

In granting intervener status, the Board may specify whether the person will be permitted to intervene in the appeal for general or limited purposes.

D.C. Mun. Regs. tit. 11, r. 11-3112

Final Rulemaking published at 46 DCR 7853, 7900-02 (October 1, 1999); as amended by Final Rulemaking published at 47 DCR 9741-43 (December 8, 2000), incorporating by reference the text of Proposed Rulemaking published at 47 DCR 8335, 8561-62 (October 20, 2000); Final Rulemaking published at 50 DCR 1200 (February 7, 2003); as amended by Final Rulemaking published at 60 DCR 8967 (June 14, 2013)

Authority: Section 1 of the Zoning Act of 1938, approved June 20, 1938 (52 Stat. 797; D.C. Official Code § 6-641.01 (2008 Repl.)).