404.1 Except for the Applicant and the affected ANC, to participate as a party in a proceeding before the Board, any affected person shall file with the Board a Request for Party Status on the form and in the manner that the Director may prescribe. The person requesting party status and their authorized representatives, if any, shall provide the following information in their initial filing with the Board:

1. (a) Name, mailing address, telephone number, and e-mail address;
2. (b) An identification of the application by number, the applicant's name, and the address of the property that is the subject of the application;
3. (c) A request to appear and participate as a party;
4. (d) Whether the person will appear as a proponent or opponent of the application;
5. (e) If the person will appear through legal counsel or other authorized representation and, if so, the name and address of the legal counsel or other authorized representation;
6. (f) If the person will be represented by an individual, the request shall contain a written authorization that includes the power of the representative to bind the person in the case before the Board;
7. (g) If the party status request is not being made by an individual, but by an association, corporation, partnership, government agency, or other similar entity, the request shall include proof that the entity authorized the persons filing the request to do so. The proof may consist of a resolution of the person's board of directors; a copy of the by-law provision authorizing the particular officer, employee, or agent to represent the person in such proceedings; a letter signed by all the members of the organization; or similar proof satisfactory to the Board;
8. (h) A list of witnesses who will testify on the person's behalf, a written summary of the testimony of all witnesses, and a complete and

professional resume for any expert who may be called to testify at the public hearing; and

(i) A written statement setting forth why the person should be granted party status, including reference to the following:

(1) The property owned or occupied by the person, or in which the person has an interest, that will be affected by the action requested of the Board;

(2) The legal interest the person has in the property, such as owner, tenant, trustee, or mortgagee;

(3) The distance between the person's property and the property that is the subject of the application before the Board;

(4) The environmental, economic, social, or other impacts likely to affect the person and/or the person's property if the action requested of the Board is approved or denied; and

(5) An explanation of how the person's interests as identified in response to paragraph (4) would likely be more significantly, distinctively, or uniquely affected in character or kind by the proposed zoning action than those of other persons in the general public.

404.2 The Board shall determine whether to grant or deny party status requests at the opening of the first public hearing on the application except the Board may consider a party status request at a public meeting scheduled at least fourteen (14) days prior to the public hearing, if the person requesting party status requests advance consideration on the Request for Party Status form.

404.3 A Request for Party Status that is to be considered at a public hearing shall be filed with the Board not less than fourteen (14) days prior to the public hearing.

404.4 A Request for Party Status that is requested to be

considered at a public meeting shall identify the public meeting date sought and shall be filed with the Board not less than fourteen (14) days prior to that date.

404.5 If there is no public meeting scheduled within thirty (30) days of the public hearing, the person may request that the Chairperson schedule a special public meeting to hear the party status request.

404.6 At or before the time of filing the request, the person requesting party status shall serve a copy of the request on the applicant and the affected ANC.

404.7 At the time of the filing request, the person requesting party status shall file an affidavit of service to all parties with the Board.

404.8 Any opposition to a party status request by the applicant or affected ANC shall be filed within seven (7) days following the date by which it was served. An applicant's or affected ANC's failure to file a timely opposition shall be deemed signifying no objection to the Request for Party Status.

404.9 Replies to any opposition by the person requesting party status will not be accepted into the record.

404.10 A person requesting party status must be present at the public hearing or meeting at which the request is being considered; however, the attendance of the applicant or affected ANC at the public meeting is discretionary. Failure of the person or their representative to appear shall be deemed to constitute the withdrawal of the party status request.

404.11 During the portion of a public meeting in which a party status request is being considered, the Board may call forward the person making the request as well as the Applicant or affected ANC if an objection

was timely made pursuant to Subtitle Y § 404.8. The Board may put questions to the person making the request and the Applicant or affected ANC and to hear argument on the issue.

404.12 The Board shall determine who will be recognized as a party. In so determining, the Board shall consider whether the provisions of Subtitle Y § 404.1 have been complied with and whether the specific information presented qualifies the person as a party.

404.13 The Board shall grant party status only if the person requesting party status has clearly demonstrated that the person's interests would likely be more significantly, distinctively, or uniquely affected in character or kind by the proposed zoning action than those of other persons in the general public.

404.14 No person may request reconsideration of the denial of their party status request.

404.15 If a Request for Party Status is denied, another Request for Party Status may not be made.

404.16 If a person granted party status no longer wishes to participate in the application, the person or their representative shall file written notice of that intent, which shall be served on the other parties. Upon the filing of such notice, the person shall no longer be considered a party.

SOURCE: Final Rulemaking published at 63 DCR 2447, 3500 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 63 DCR 10932 (August 26, 2016).