5432 ROLL CALL HEARING

5432.1 The roll call hearing shall be a non-adversarial proceeding conducted by the Board or the Board's agent, in which a list of applications for a new or renewed license, transfer to new location, or a substantial change in operation, and the protestants thereto, shall be read to the public.

5432.2 For the purposes of this subsection, the term "Board's agent" means an employee at or above the Grade 12 level in the Office of the General Counsel within ABCA, excluding the ABCA General Counsel, who shall have the authority to:

1. (a) Regulate the course of the hearing;
2. (b) Request the persons appearing at the hearing to identify themselves, and to provide contact information, including e-mail addresses;
3. (c) Request or accept written documentation from the parties, including letters of representation;
4. (d) Identify the parties with standing and the filed protest issues;
5. (e) Schedule mediation;
6. (f) Adjourn a hearing and establish the date when the hearing will be continued; and
7. (g) Take any other action considered necessary by the Board.

5432.3 Each applicant and each protestant shall attend the roll call hearing in person or appear through a designated representative.

5432.4 The ANC may designate any member or every member of its Commission, or a non-member of the Commission, to participate in the protest process, hearings, and negotiating settlement agreements.

5432.5 Failure to appear in person or through a designated representative at the roll call hearing may result in denial of the license application or dismissal of a protest, unless, in the discretion of the Board, good cause is shown for the failure to appear. Examples of good cause for failure to appear may include:

1. (a) Sudden, severe illness or accident;
2. (b) Death or sudden illness in the immediate family, such as spouse, partner children, parents, siblings;

(c) Incarceration; or

(d) Severe inclement weather.

5432.6 A recommendation by the Board's agent to dismiss a license application or dismiss a protest for failure to attend the roll call hearing shall be forwarded to the Board for issuance of a written order.

5432.7 At the roll call hearing, the Board's agent shall have the authority to:

(a) Regulate the course of the hearing;

(b) Request the persons appearing at the hearing to identify themselves, and provide contact information including email addresses;

(c) Request or accept written documentation from the parties including letters of representation;

(d) Identify the parties with standing and the filed protest issues, if undisputed;

(e) Approve a joint request from the parties to schedule mediation;

(f) Adjourn a hearing and establish the date when the hearing will be continued; and

(g) Take any other action authorized by, or necessary under, this section.

5432.8 At the roll call hearing the parties shall be required, on a form prescribed by the Board, to provide their name, address, email address, and telephone numbers, as well as the same information for any attorney or non-attorney representative representing the parties. The parties shall also indicate on the form their consent to service by electronic means to their email address or to the email address of their attorney or representative.

5432.9 Upon the scheduling of the roll call hearing, all parties shall be prohibited from participating in any ex parte communication with the Board's agent relevant to the merits of the proceeding. This shall include any oral or written communication not in the public hearing record with respect to which reasonable prior notice is not given to all parties to the proceeding.

5432.10 The roll call hearing shall be open to the public and transcribed by a certified court reporter.

SOURCE: Final Rulemaking published at 73 DCR 002136 (February 20, 2026).