1609.1 If no objections to an application for a license have been timely filed and the applicant has complied with all of the requirements for licensure, the Director shall issue the license.

1609.2 If timely objections have been filed, the hearing on the objections shall be conducted by the Office of Adjudication pursuant to the procedural rules set forth in 1 DCMR §§ 1107, 1109, 1111 through 1113, 1120, and 1121, except where inconsistent with this chapter.

1609.3 If the Administrative Law Judge determines that the notices required to be posted by the applicant have not remained visible to the public for the full twenty-eight (28) day period, and the public or the government has been prejudiced, the Administrative Law Judge may reschedule the hearing to a date up to thirty (30) days later.

1609.4 Whenever a rescheduling of the hearing is ordered under § 1609.3, additional objections may be received by the Office of Adjudication up to five (5) days before the new hearing date.

1609.5 The parties to the hearing shall be the applicant and any person, group, Advisory Neighborhood Commission or District government agency that has filed a timely written objection under these rules.

1609.6 The applicant shall have the burden of demonstrating that the public hall is appropriate for licensure. More specifically, the applicant shall have the burden of establishing that the granting of the application is not likely to have an adverse effect on the peace, order, and quiet of the neighborhood in which the public hall is situated, and is not likely to have an adverse effect on the residential parking needs and the vehicular and pedestrian safety of the neighborhood.

1609.7 In a case where there is more than one (1) objector, the Administrative Law Judge may require the objectors to confer among themselves and designate one (1) person to conduct the objectors' case, to give opening and closing statements, and to cross-examine the applicant and the applicant's witnesses.

1609.8 The Administrative Law Judge shall issue a decision on the application within thirty (30) days of the hearing.

SOURCE: Final Rulemaking published at 39 DCR 9292, 9296-97 (December 11, 1992); as amended by Notice of emergency and proposed rulemaking at 52 DCR 8531(September 16, 2005) [EXPIRED].