409.1 The order for presenting evidence and arguments at public hearings on variance and special exception applications shall be as follows:

1. (a) Preliminary and procedural matters;
2. (b) Applicant's case;
3. (c) Report and recommendations from the Office of Planning;
4. (d) Reports and recommendations from other government agencies;
5. (e) Reports and recommendations from the affected ANC, and the ANC's witnesses, if any;
6. (f) Parties in support of the application;
7. (g) Individuals and organization representatives in support of the application;
8. (h) Parties in opposition to the application;
9. (i) Individuals and organization representatives in opposition to the application;
10. (j) Individuals and organization representatives who are undeclared with respect to the application;
11. (k) Rebuttal by applicant; and
12. (l) Closing statement by applicant.

409.2 In a special exception or a variance case, public agency representatives, parties, organization representatives, and individuals may appear as witnesses and offer evidence at a hearing.

409.3 In a special exception or a variance case, every party shall have the right to present in person or by

counsel their case by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts.

SOURCE: Final Rulemaking published at 63 DCR 2447, 3500 (March 4, 2016 – Part 2).