3134 CHANCERY APPLICATIONS

3134.1 The provisions of this section shall apply to all applications made pursuant to chapter 10 of this title for the location, replacement, or expansion of chanceries that are subject to disapproval by the Board pursuant to § 206(b) of the Foreign Missions Act, approved August 24, 1982 (96 Stat. 283; D.C. Official Code §§ 6-1306(b) (2001) (formerly codified at D.C. Code § 5-1206(b) (1994 Repl.))).3134.2 This section shall establish procedures for considering applications under the Foreign Missions Act and chapter 10 of this title as rulemaking proceedings.3134.3 No person shall have the standing of a party in a proceeding under this section.3134.4 The provisions of §§ 3101, 3102, 3105, 3106, 3108 through 3111, and 3115 apply to applications under chapter 10 of this title, except that no person shall have the standing of a 'party' in a proceeding under this section.3134.5 Except as specifically incorporated in § 3134.6, the remaining provisions of this chapter shall not apply to applications under chapter 10 of this title.3134.6 The following subsections apply to applications under chapter 10 of this title, except that no person shall have the standing of a 'party' in a proceeding under this subsection:- (a) Applications: §§ 3113.3, 3113.4, and 3113.6 through 3113.10;

- (b) Required Reports: §§ 3114.5 and 3114.6;

- (c) Hearing Procedures: §§ 3117.7 through 3117.10;

- (d) Records: §§ 3119.5 through 3119.8;

- (e) Closing the Record: §§ 3121.5, 3121.9, 3124.2, and 3124.3; and

- (f) Final decision and final date: §§ 3125.2, 3125.8, and 3125.9.3134.7 Each application submitted pursuant to this section shall be accompanied by a letter or other transmittal from the United States Department of State indicating that the Department of State has reviewed the application as required by § 205 of the Foreign Missions Act, D.C. Official Code § 6-1305 (2001)(formerly codified at D.C. Code § 5-1205 (1994 Repl.)), and has approved the application for the purposes of filing and processing by the Board.3134.8 A public hearing shall be held on each application.3134.9 Notice for chancery applications shall be as follows:- (a) Notice of the filing of a chancery application shall be published in the D.C. Register;

- (b) Notice shall be given in the same manner as for an application under § 3113; and

- (c) A notice of proposed rulemaking shall be published in the D.C. Register at least forty (40) days in advance of the hearing.3134.10 When an application is referred in advance of the public hearing to the Mayor, the United States Secretary of State, and the Historic Preservation Review Board for recommendation, that report and recommendation shall be filed with the Board at least eight (8) days prior to the date set for

the hearing.

3134.11 The presiding hearing officer shall have the authority to:

1. (a) Regulate the course of the hearing;
2. (b) Rule upon offers of testimony, statements, and exhibits and receive relevant, non-repetitious testimony, statements, and exhibits;
3. (c) Assign exhibit numbers for all written documentary and other tangible matter offered for the record;
4. (d) Dispose of procedural requests or similar matters, including motions to amend and to order hearings reopened;
5. (e) Call, qualify, and examine witnesses, and introduce into the record documentary or other material;
6. (f) Request the persons appearing at the hearing to state their respective positions concerning any issue in the proceeding and his or her theory in support thereof;
7. (g) Adjourn a hearing and establish the date when the hearing will be continued;
8. (h) Close a hearing;
9. (i) Rule upon the qualifications of witnesses offered as experts;
10. (j) Establish reasonable time limits for witnesses and fairly allocate time among the persons appearing at the hearing;
11. (k) Exclude unduly repetitious or irrelevant testimony and permit a witness to adopt the prior testimony of another witness; and
12. (l) Take any other action authorized by, or necessary under, this section.

3134.12 Any person may appear at a hearing in a chancery application proceeding and present evidence, testimony, or argument that is relevant and not unduly repetitious within such time limits as the Board may determine. Nothing in § 3140.11 shall preclude members from questioning witnesses in hearings before the Board.

3134.13 The order of procedure at the hearing shall be as follows:

1. (a) Call to order and opening statement by the presiding officer;
2. (b) Consideration of pending motions and procedural matters;
3. (c) Applicant's case;
4. (d) Reports or statements by the Secretary of State and the Mayor;
5. (e) Reports or recommendations by other public agencies;
6. (f) The ANC for the area within which the property is located;
7. (g) Persons in support of the application; and

(h) Persons in opposition to the application.

3134.14 The record in a chancery application proceeding shall consist of the following:

(a) Every written statement filed shall be part of the record of the hearing;

(b) Oral testimony offered at the hearing shall be part of the record of the hearing; and

(c) The Foreign Missions Act, the Zoning Act, and the Zoning Regulations (including appendices and the official Zoning Maps) shall be a part of the record of every proceeding before the Board.

3134.15 Notice of a further hearing, plus a designation of the issues, shall be forwarded to any person who appeared and participated in the earlier hearings at least ten (10) days prior to the date set for the further hearing.

3134.16 Each notice of a decision or order shall be made as follows:

(a) Formal notice of a decision or order shall be given to the applicant by first class mail, postage prepaid.

(b) A copy of the decision or order shall be served on the councilmember representing the ward within which the property is located and any ANC that submitted a written report in accordance with § 3115; and

(c) A copy of the decision shall be published in the D.C. Register as a notice of final rulemaking.

3134.17 For purposes of this section, a decision of the Board is final upon publication in the D.C. Register. The decision shall be and become effective ten (10) days after having become final, as specified in § 3125.9.

SOURCE: Final Rulemaking published at 46 DCR 7853, 7916-20 (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, 8571-72 (October 20, 2000); and Final Rulemaking-published at 49 DCR 2742, 2749 (March 22, 2002).