1602 ROLL CALL HEARING

1602.1 The roll call hearing shall be a proceeding held by the Board to address unresolved legal and factual issues and disputes identified by the Board's agent at the administrative review.

1602.2 Each applicant, and each person submitting a protest shall attend the roll call hearing in person or appear through a designated representative.

1602.3 Failure to appear in person or through a designated representative 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 include, but are not limited to:

1. (a) sudden, severe illness or accident;
2. (b) death or sudden illness in the immediate family, such as spouse, partner, children, parents, siblings;
3. (c) incarceration; or
4. (d) severe inclement weather.

A request for reinstatement with the Board must be filed within ten (10) days after notification from the Board of the dismissal or denial.

1602.4 The Board shall hear from the parties at the roll call hearing regarding any unresolved legal issues listed in § 1602A. 8. The Board shall either announce its decision at the roll call hearing or take its decision on the unresolved legal issues under advisement and schedule the matter for a status hearing. A dispute identified at the administrative review regarding whether the placards at an applicant's premises have remained visible to the public for a full forty-five (45) calendar days will be heard by the Board at the roll call hearing. If the Board determines that the placards posted at an applicant's premises pursuant to D.C. Official Code § 25-423 have not remained visible to the public for a full forty-five (45) calendar days, up to and including the date of the roll call hearing, the Board shall reschedule the roll call hearing for a date at least forty-five (45) calendar days after the originally scheduled hearing.

1602.5 If a rescheduling is ordered, the applicant shall post new placards for another forty-five (45) calendar day period and no action on the application shall be taken until the administrative review date.

1602.6 Whenever a rescheduling is ordered, further protests may be filed until the completion of the forty-five (45) day protest period set out on the placards.

1602.7 The roll call hearing shall be open to the public and transcribed by a certified court reporter.

SOURCE: Final Rulemaking published at 51 DCR 4309 (April 30, 2004); as amended by Final Rulemaking published at 55 DCR 12991 (December 26, 2008).