(a) A hearing may be continued for good cause. A written motion for a continuance shall be filed with the Board at least 6 days before the scheduled hearing date and served upon all parties at least 6 calendar days before the hearing. To be granted, the motion shall, in the opinion of the Board, set forth good and sufficient cause for continuance or demonstrate that an extreme emergency exists.
(b) A continuance shall not waive the requirements of this chapter governing the time in which to file objections, petitions, or other pleadings.
(c) The Board may, on motion of any party or on its own motion, continue a hearing to permit an ANC to vote on a material issue in the hearing or upon a determination that the interests of justice will be served by the granting of the continuance to any party.
(d) The Board may waive the provisions of this section if all parties agree to a continuance.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Oct. 1, 2002, D.C. Law 14-190, § 1702(j), 49 DCR 6968.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code.
Effect of Amendments
D.C. Law 14-190 rewrote subsec. (c) which had read as follows:
"(c) The Board may, on motion of any party or on its own motion, continue a hearing in order to permit an ANC to vote on a material issue in the hearing."
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 1702(j) of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For Law 14-190, see notes following § 25-101.
(a) A party shall have the right to call and examine witnesses.
(b) Except as provided in subsection (c) of this section, at any proceeding before the Board in a contested case, the Board shall hear as witnesses all persons residing within and outside the neighborhood who desire to be heard.
(c) The Board may exclude any irrelevant or unduly repetitious evidence or testimony.
(d) A witness who shall willfully give false testimony in a proceeding or hearing before the Board shall be guilty of perjury.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code.
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
(a) Subpoenas issued by the Board shall be served:
(1) By an officer of the Metropolitan Police Department;
(2) By a special process server, at least 18 years of age, designated by the Board from among the staff appointed by the Board who are not directly involved in the investigation; or
(3) By a special process server, at least 18 years of age, engaged by the Board for this purpose.
(b) Witnesses, other than those employed by the District or by the United States, shall be entitled to the same fees as are paid witnesses for attendance before the Superior Court of the District of Columbia.
(c) In the case of contumacy or refusal to obey a subpoena, the Superior Court of the District of Columbia, upon written request by the Board, shall issue an order requiring the contumacious person to appear and testify before the Board or to produce evidence if so ordered.
(Jan. 24, 1934, 48 Stat. 322, ch. 4, § 6; Aug. 27, 1935, 49 Stat. 897, ch. 756, § 2; Sept. 29, 1982, D.C. Law 4-157, §§ 3, 15, 29 DCR 3617; Mar. 8, 1984, D.C. Law 5-51, § 2(b)(2), 30 DCR 5927; Mar. 7, 1987, D.C. Law 6- 217, § 3, 34 DCR 907; May 24, 1994, D.C. Law 10-122, § 2(c), 41 DCR 1658, 48 DCR 2959; May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code. The text of this section is derived from provisions formerly found in D.C. Code § 25-106(c)(2)-(4). For notes from former § 25- 106, see § 25-201.
Prior Codifications
1981 Ed., § 25-443.
1973 Ed., § 25-106.
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
(a) If a protest is filed in a contested case, the Board shall hold a protest hearing for the purpose of receiving evidence and testimony regarding the appropriateness of the licensing action.
(b) The parties to the protest hearing shall be the applicant and the protestants as identified at the administrative review.
(c) If there is more than one protestant, the Board, in its discretion, may require the protestants to confer among themselves and designate one person to conduct the protestants' case.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code.
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
(a) A settlement conference among the parties shall be held to discuss and resolve, if possible, the objections raised by the protestants.
(b) If the date of the settlement conference is not arranged on or before the date of the administrative review, the applicant shall contact the protestants to arrange the conference.
(c) If the applicant fails to make a good faith effort to contact the protestants timely, the Board shall deny the license application unless, in the judgment of the Board, the applicant shows good cause for his or her failure to act.
(d) No protestant shall unreasonably refuse to make himself or herself available to attend a settlement conference.
(e) If the protestant unreasonably refuses to make himself or herself available to attend a settlement conference, the Board shall consider the protest withdrawn unless, in the judgment of the Board, the protestant shows good cause for refusing to be available.
(f) At the request of any party, the Board may designate a member of its staff to attend the settlement conference.
(g) If the parties fail to reach an agreement on one or more of the protest issues they shall so state at the scheduled protest hearing.
(h) A party may be represented at a settlement conference by an attorney or a designated representative who has been authorized to act on the party's behalf.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code.
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
(a) The applicant and any protestant may, at any time, negotiate a settlement and enter into a written voluntary agreement setting forth the terms of the settlement.
(b) The signatories to the agreement shall submit the agreement to the Board for approval.
(c) If it determines that the voluntary agreement complies with all applicable laws and regulations and the applicant otherwise qualifies for licensure, the Board shall approve the license application, conditioned upon the licensee's compliance with the terms of the voluntary agreement. The Board shall incorporate the text of the voluntary agreement in its order and the voluntary agreement shall be enforceable by the Board.
(d)(1) Unless a shorter term is agreed upon by the parties, a voluntary agreement shall run for the term of a license, including renewal periods, unless it is terminated or amended in writing by the parties and the termination or amendment is approved by the Board.
(2) The Board may accept an application to amend or terminate a voluntary agreement by fewer than all parties in the following circumstances:
(A) During the license's renewal period; and
(B) After 4 years from the date of the Board's decision initially approving the voluntary agreement.
(4) The Board may approve a request by fewer than all parties to amend or terminate a voluntary agreement for good cause shown if it makes each of the following findings based upon sworn evidence:
(A)(i) The applicant seeking the amendment has made a diligent effort to locate all other parties to the voluntary agreement; or
(ii) If non-applicant parties are located, the applicant has made a good-faith attempt to negotiate a mutually acceptable amendment to the voluntary agreement;
(B) The need for an amendment is either caused by circumstances beyond the control of the applicant or is due to a change in the neighborhood where the applicant's establishment is located; and
(5) To fulfill the good faith attempt criteria of paragraph (4)(A)(ii) of this subsection, a sworn affidavit from the applicant shall be filed with the Board at the time that an application to amend a voluntary agreement by fewer than all parties is filed stating that either:
(A) A meeting occurred between the parties which did not result in agreement; or
(B) The non-applicant parties refused to meet with the applicant.
(e) The Board shall initiate a show cause hearing upon evidence that a licensee has violated a voluntary agreement. Upon a determination that the licensee has violated the voluntary agreement, the Board shall penalize the licensee according to the provisions set forth for violations of a license in Chapter 8.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 101(t), 51 DCR 6525.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code.
Effect of Amendments
D.C. Law 15-187 rewrote subsec. (d) which had read as follows:
"(d) A voluntary agreement shall run for the term of a license, including renewal periods, unless it is terminated or amended in writing by the parties and the termination or amendment is approved by the Board."
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For Law 15-187, see notes following § 25-101.
(a) The Board shall receive, at any time during the license period, complaints from any person, or an affected ANC, alleging a violation by a licensee of the terms of its license. Complaints shall be in writing and set forth enough information to allow the Board or its staff to investigate the matter.
(b) In addition to written complaints identifying the complainant, any person may make an anonymous complaint in writing to the Board or orally to any ABRA investigator. Anonymous complaints shall be investigated to the best of the Board's ability, but may result in no action being taken if the anonymous complainant fails to provide the Board or the investigator with adequate information.
(c) Within 30 days of receiving evidence supporting a reasonable belief that any licensee or permittee is in violation of the provision of this title or the regulations issued under it, the Board shall order the licensee or permittee, by personal service or certified mail, to appear before the Board not less than 30 days thereafter to show cause why the license or permit should not be revoked or suspended, or the licensee or permittee penalized, as provided by subchapter II of Chapter 8. The notice shall state the time and place set by the Board for the hearing.
(d) The licensee or permittee (or in the case of an entity, all members, partners, or officers) shall appear in person, may be represented by counsel, and shall be entitled to offer evidence in his, her, or its defense.
(e) If the licensee or permittee waives the hearing or fails to appear, the Board shall proceed ex parte, unless the Board extends the time for the hearing for good and sufficient cause.
(f) If the Board holds a show cause hearing on a complaint made under subsection (a) of this section, the Board, in issuing its order, may place certain conditions on the license if it determines that the inclusion of the conditions would be in the best interests of the locality, section, or portion of the District in which the establishment is licensed. The Board, in placing the conditions, shall state, in writing, the rationale for its decision.
(g) All written complaints as set forth under subsection (a) of this section, which identify the complainant by name and address, shall be responded to by the Board or its staff within 90 days of receipt of the complaint, and shall advise the complainant of the action that the Board or its staff has taken on the matter.
(h) The Board shall maintain records documenting complaints received and the action taken in response to the complaint.
(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; Sept. 30, 2004, D.C. Law 15-187, § 101(u), 51 DCR 6525.)
HISTORICAL AND STATUTORY NOTES
D.C. Law 13-298 amended and enacted into law Title 25 of the District of Columbia Official Code.
Effect of Amendments
D.C. Law 15-187, in subsec. (a), substituted "an affected ANC" for "the ANC representing the area in which the licensee exists".
Legislative History of Laws
For D.C. Law 13-298, see notes following § 25-101.
For Law 15-187, see notes following § 25-101.
