5439.1 The parties to a protest hearing shall be the applicant or licensee and the protestants.

5439.2 At the protest hearing, an applicant or licensee may give a brief opening statement summarizing the evidence and testimony they intend to present regarding the appropriateness of the application or license at issue. Thereafter, the protestant may give a brief opening statement summarizing the evidence they intend to present to rebut or overcome the evidence and argument presented by the applicant or licensee.

5439.3 At the conclusion of the opening statements, the Board shall call its own witnesses, if any, who shall testify to the results of their investigation into the appropriateness of the establishment.

5439.4 At the conclusion of testimony by the Board's witnesses, if any, the applicant shall call its witnesses to give testimony and present evidence regarding the appropriateness of the establishment.

5439.5 At the conclusion of testimony by the applicant's witnesses, the protestant shall call witnesses to give testimony and present evidence.

5439.6 All witnesses shall testify under oath and shall be subject to questioning by the Board and to cross-examination by the opposing party.

5439.7 In any case where there is more than one (1) protestant, the Board, in its discretion, may request that the protestants designate one (1) person to conduct the protestant's case, to give opening and closing statements, and to examine and cross-examine witnesses.

5439.8 The Board may, on a motion from either party or on its own motion, limit the number of persons who may testify on behalf of the applicant, licensee, or protestant if the Board determines the testimony would be redundant.

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