5444.1 The Board may accept an application to amend or terminate a settlement agreement by fewer than all parties in the following circumstances:

1. (A) During the license's renewal period; and
2. (B) After four (4) years from the date of the Board's decision initially approving the settlement agreement.

5444.2 Notice of an application under § 5444.1 to amend or terminate a settlement agreement shall be given both to the parties of the agreement and to the public at the time of the applicant's renewal application according to the renewal procedures required under the Act and this chapter.

5444.3 The Board may approve a request by fewer than all parties to amend or terminate a settlement agreement for good cause shown if it makes each of the following findings based upon sworn evidence:

1. (a) The applicant seeking the amendment or termination has made a diligent effort to locate all other parties to the settlement agreement; or if non-applicant parties are located, the applicant has made a good faith attempt to negotiate a mutually acceptable amendment or termination of the settlement agreement;
2. (b) The need for an amendment or termination is either caused by circumstances beyond the control of the applicant or is due to a change in the neighborhood where the applicant's establishment is located; and
3. (c) The amendment or termination will not have an adverse impact on the neighborhood where the establishment is located.

5444.4 To fulfill the good-faith attempt criteria of this section, the applicant shall file a sworn affidavit with the Board at the time that an application to amend or terminate a settlement agreement by fewer than all parties is filed stating that either:

1. (a) A meeting occurred between the parties which did not result in agreement; or
2. (b) The non-applicant parties refused to meet with the applicant.

5444.5 For the purposes of this section, the term "license's renewal period" means the sixty (60)-day period before the expiration date of a license.

5444.6 Upon the filing of a valid petition for termination or amendment, any signatory party that has not filed a valid protest against the petition shall automatically be removed from the agreement.

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