103.1 On or about the first (1st) day of the calendar year, the Director shall publish in the D.C. Register a twelve (12)-month calendar or schedule of meeting dates, and continually update the Office of Zoning electronic calendar to reflect the meeting dates.

103.2 The meetings and hearings of the Commission shall be open to the public; provided that, for the reasons cited in § 405(b) of the D.C. Administrative Procedures Act, as amended by the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-575(b)), the Commission may hold a closed meeting, but only after the Commission meets in public session and votes in favor of entering into or scheduling a closed meeting.

103.3 All records of the Commission shall be filed with the Office of Zoning and shall be open to public inspection.

103.4 Subject to the direction of the Commission and its Chairperson, the Director shall perform the following duties:

(a) Conduct all correspondence of the Commission, send out all notices required by this title, attend all meetings and hearings of the Commission, compile all required records, and maintain the necessary files and indexes;

(b) Enter in the Commission case record the number assigned to each application or petition, the name of the applicant or petitioner, a short description of the premises (by street number or otherwise), the nature of the application or petition, and the final disposition of the proceeding;

(c) Enter in the Commission case record all continuances, postponements, dates of sending notices, and other steps taken or acts done by the Commission or its officers on behalf of the Commission;

(d) Issue and revise application and petition forms to ensure presentation of adequate information required for the understanding and processing of applications and petitions; and

(e) Certify the zoning of a property upon the request of a member of the public subject to the payment of the fee set forth in Subtitle Z § 1504.

103.5 The proposed public agenda for each meeting shall be posted on the Office of Zoning website and available to the public at least four (4) days prior to each meeting.

103.6 Copies of the agenda shall be available to the public at all meetings and hearings.

103.7 Nothing in this section shall preclude the Commission from amending the agenda at a meeting or hearing.

103.8 A meeting of the Commission shall be held in accordance with a schedule to be established by the Commission pursuant to Subtitle Z § 103.1, and additional meetings may be scheduled or cancelled as needed. Meetings may be called by the presiding officer or by three (3) Commission members.

103.9 The Commission shall schedule hearings for the purpose of receiving evidence and testimony on specific applications and petitions advertised in advance.

103.10 Meetings and hearings shall be held at such time and place as the Commission or the Office of Zoning may designate.

103.11 When postponing or continuing a contested case, the Commission shall make reasonable efforts to schedule the public hearing within thirty (30) days.

103.12 If the time and place of resumption is publicly announced when a postponement, continuance, or adjournment is ordered, no further notice shall be required. For the purposes of this section, the form of the public announcement shall be on the website of the Office of Zoning and may be include a sign placed at the entrance to the Commission’s hearing room.

103.13 The Commission may hold its meetings and hearings in a partially or completely Zoning Regulations of 2016:

online virtual mode, through video conference, teleconference, or other electronic means identified by the Commission for this purpose, as authorized by, and in compliance with, the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-577), subject to the provisions of this subtitle, as modified by the following:

1. (a) An applicant, as part of its application, may request to present its case and participate at the public hearing in an online virtual or in-person-mode; provided that:
2. (1) The request:
   1. (A) Explains the specific reasons why the applicant or appellant can only participate in its chosen mode;
   2. (B) Proposes potential accommodations that might resolve the concerns underlying the request to participate in its chosen mode; and
   3. (C) Demonstrates that its participation in the requested mode will not unreasonably prejudice any party;
3. (2) A party, as part of its party status request, or the first filing by an affected ANC, may request to present and participate in the case in an online virtual or in-person mode, provided the request
   1. (A) Explains the specific reasons why the party can only participate in its chosen mode;
   2. (B) Proposes potential accommodations that might resolve the concerns underlying the request to participate in its chosen mode; and
   3. (C) Demonstrates that its participation in the requested mode will not unreasonably prejudice any party;
4. (3) The Commission, based on the request(s) and in its sole discretion, shall schedule the public hearing to be partially or completely in an online virtual or in-person mode;
5. (b) The posting of the public hearing notice for each public hearing or meeting on the website of the Office of Zoning shall be deemed to comply with the requirement of Subtitle Z § 103.6 to be “available at” the public

hearing or meeting;

1. (c) Members, whether present physically or remotely, shall be counted for determination of a quorum;
2. (d) A party, witness, agency representative, or party status requestor shall be deemed to “appear” or to be “present” if available for questioning and cross-examination during the applicable hearing or meeting by the videoconference, teleconference, or other electronic means identified by the Commission;
3. (e) The Commission may question parties and witnesses by videoconference, teleconference, or other electronic means identified by the Commission;
4. (f) Cross-examination may be performed by videoconference, teleconference, or other electronic means identified by the Commission;
5. (g) Exhibits, other than live video as defined in Subtitle Z § 103.13(h), may be entered into evidence at an online virtual public hearing; provided that:
6. (1) The person making the request to enter an exhibit explains:
   1. (A) How the proposed exhibit is relevant;
   2. (B) The good cause that justifies allowing the exhibit into the record, including an explanation of why the requester did not file the exhibit prior to the hearing pursuant to Subtitle Z § 206; and
   3. (C) How the proposed exhibit would not unreasonably prejudice any party;
7. (2) Parties shall be simultaneously serve exhibits proposed to be entered into the record on all other parties by email;
8. (3) The Commission determines that the proposed exhibit is relevant and that the requester demonstrated good cause to enter the exhibit and no unreasonable prejudice to any party would occur thereby; and
9. (4) If the Office of Zoning is unable to display an exhibit publicly during the online virtual public hearing, the Commission may keep the record open for submission of the exhibits or provide other

accommodations the Commission deems appropriate; and

1. (h) Live video, defined as the simultaneous online streaming transmission of video that shows anything other than a witness testifying in a fixed location and excluding pre-recorded video, may not be presented as part of the testimony of an individual or party at a virtual public hearing;
2. (i) The Commission may provide parties additional time to respond to exhibits introduced at an online virtual public hearing or other accommodations the Commission deems appropriate;
3. (j) Notice of online virtual public hearings shall include instructions for participation by the videoconference, teleconference, or other electronic means identified by the Commission, the details of which shall be provided on the Office of Zoning website;
4. (k) Any person desiring to testify in an online virtual public hearing shall sign up with the Office of Zoning prior to the conclusion of public testimony at the online virtual public hearing in accordance with the instructions provided on the Office of Zoning website;
5. (l) As part of signing up to testify:
6. (1) All persons shall perform the required oath or affirmation, provided that a witness that was unable to do so prior to testifying may be sworn in at the virtual hearing; and
7. (2) The Office of Zoning shall provide the opportunity for the witness to submit a written version of the planned oral testimony to the record if filed at least twenty-four (24) hours before the start of the public hearing as established by Subtitle Z § 206;
8. (m) An individual or organization representative who is unable to testify at a public hearing due to technical issues out of the requester's control may file a request to reopen the record to submit a separate written version of the planned oral testimony in accordance with the time limits for testimony; provided that:
9. (1) The written version of the planned oral testimony is included as a separate document;
10. (2) The request demonstrates good cause for the submission and that granting the request would not unreasonably prejudice a party,

including:

(A) An explanation of the specific technical issues that prevented the testimony during the public hearing;

(B) How these issues were out of the control of the requester; and

(C) How the planned oral testimony differed from the written version submitted to the record prior to the start of the public hearing or why the requester did not submit a written version to the record prior to the public hearing; and

(3) The request is submitted to the record within twenty-four (24) hours following the conclusion of public testimony in the hearing;

(n) If the Presiding Officer grants a request filed under Subtitle Z § 103.13(m), the Presiding Officer shall establish a reasonable time within which parties may respond and the Director shall enter the written version of the planned oral testimony into the record and notify the parties of the deadline to respond;

(o) The Commission shall not issue an order in a case with a virtual public hearing until at least forty-eight (48) hours after the conclusion of the public hearing;

(p) All votes shall be taken by roll call as required by § 2 of the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-577(a)(3)); and

(q) In the event that an online virtual public hearing or meeting is interrupted by technical difficulties such as the loss of the internet connectivity, the presiding officer, or if no member is present, the Secretary of the Commission or Office of Zoning staff, may suspend the hearing or meeting; provided that notice of the suspension and of the date and time of the continued hearing or meeting shall be posted on the Office of Zoning website and e-mailed to the parties within twenty-four (24) hours of the suspension or as soon as is technically feasible.

SOURCE: Final Rulemaking published at 63 DCR 2447, 3573 (March 4, 2016 – Part 2); as amended by Final Rulemaking published at 67 DCR 12707 (October 30, 2020).