District of Columbia Administrative Code

1403 INFORMATION TAX RENTS 1403.1 Each holder of a Retailer's license desiring to transport or cause to be transported into the District of Columbia alcoholic beverages for which a permit is required under the Act or this title shall furnish to the OTR, on the form prescribed, an…

1404 DETERMINATION OF TAX WHEN REPORT NOT FILED 1404.1 If any statement required by this chapter is not filed, or if a statement when filed is incorrect or insufficient, the amount of tax due shall be determined by the OTR from such information as may be obtainable. 1404.2 The OT…

1405 FAILURE TO MAKE REPORTS OR PAYMENTS 1405.1 When any tax imposed by the Act has become due and payable and has not been paid, that tax may be collected by levy and distraint as provided in D.C. Official Code § 47-4471. 1405.2 If the OTR believes that the collection of any tax…

1406 LATE PAYMENT SECURITY DEPOSITS 1406.1 If any licensee shall fail in any calendar month to pay when due the tax owed by the licensee on alcoholic beverages sold by the licensee in the preceding calendar month, the OTR may, in its discretion, as security for the payment of the…

1407 SALE TO EMBASSIES 1407.1 Holders of Wholesaler's licenses Class A, shall be authorized to sell and deliver alcoholic beverages within the District of Columbia directly to embassies, diplomatic representatives of foreign countries, and to international organizations designate…

1500 APPLICABILITY 1500.1 This chapter shall govern all notices to the public, government officials, licensees and applicants for a license, concerning the following: (a) Applications for new licenses; (b) Applications to renew licenses or transfer licenses to new locations; (c) …

1501 GENERAL PROVISIONS 1501.1 The provisions of this chapter are intended to be consistent with the District of Columbia Administrative Procedure Act (D.C. Official Code §§ 2-501 et seq.). If there is any conflict between this chapter and the District of Columbia Administrative …

1502 NOTICE OF AN APPLICATION FOR A NEW LICENSE, RENEWAL OF A LICENSE, OR TRANSFER OF A LICENSE TO A NEW LOCATION 1502.1 The provisions of this section shall govern notice to the public of all applications for new licenses, renewals, or a transfer to a new location, including Man…

1503 NOTICE OF A SUBSTANTIAL CHANGE IN THE OPERATION OF A LICENSED ESTABLISHMENT 1503.1 Before a licensee makes a change in the nature of the operation of a licensed establishment which may be determined to be a substantial change, the licensee shall file with the Board a proposa…

1504 NOTICE OF TRANSFER OF A LICENSE TO A NEW OWNER 1504.1 Notice to the public of any change in the ownership of a licensed establishment shall be in accordance with this section. 1504.2 If a license transfer to a new owner occurs, as set out in D.C. Official Code § 25-405, and …

1505 NOTICE TO ADVISORY NEIGHBORHOOD COMMISSIONS 1505.1 Notice required to be provided by the Board to each ANC Office, ANC Chairperson, and ANC single member district Commissioner pursuant to D.C. Official Code § 1-309.10(c)(2)(A) shall be sent to the ANC address on file with th…

1506 PRESUMPTIONS OF APPROPRIATENESS 1506.1 There shall be a presumption that a license is appropriate for an establishment if, after public notice is given under this chapter, no objection to the license is filed with the Board. 1506.2 There shall be a presumption that a substan…

1600 GENERAL PROVISIONS 1600.1 The provisions of this chapter shall govern the following items: (a) Roll call hearings, mediations, or status hearings regarding the issuance, transfer, or renewal of a license, or the making of substantial changes to a licensee's business operatio…

1601 ADMINISTRATIVE REVIEW 1601.1 The phrase “administrative review” found in Title 25 of the D.C. Official Code shall be considered synonymous with the phrase “roll call hearing” and shall have the same meaning in these regulations. SOURCE: Final Rulemaking published at 51 DCR 4…

1602 FILING A PROTEST 1602.1 Only those individuals or entities listed in D.C. Official Code § 25-601 may file a protest against: The issuance of a new license; The renewal of an existing license; The transfer of a license to a new location; Substantial changes to the nature of t…

1603 ROLL CALL HEARING 1603.1 The roll call hearing is a non-adversarial hearing conducted by the Board’s agent to identify timely filed protests received during the protest period, confer standing to protestant groups, and to set a date for mediation, the status hearing, and the…

1604 PROTEST STATUS HEARING 1604.1 The protest status hearing is a proceeding held by the Board at which the parties may address any unresolved legal issues from the roll call hearing, including whether a protestant granted conditional standing has subsequently met the standard f…

1605 PARTY STANDING OF A GROUP OF FIVE OR MORE RESIDENTS OR PROPERTY OWNERS 1605.1 A protestant group of five or more residents or property owners of the District sharing common ground, or in a moratorium zone established under § 25-351, a group of no fewer than three residents o…

1606 PARTY DISMISSAL 1606.1 In the event that an applicant or a protestant is dismissed and not reinstated by the Board for good cause after failing to appear at a roll call hearing, status hearing, or protest hearing, the Board may deny the license application and/or dismiss the…

1607 ESTABLISHMENT OF GEOGRAPHIC BOUNDARIES 1607.1 Upon recognition by the Board of a properly filed protest at a roll call hearing, the applicant shall be required to select one of the geographic areas listed below that the applicant proposes be considered in determining the app…

1608 SETTLEMENT CONFERENCES 1608.1 The phrase “settlement conference” found in Title 25 of the D.C. Official Code shall be considered synonymous with the phrase “mediation” and shall have the same meaning in these regulations. SOURCE: Final Rulemaking published at 35 DCR 4947 (Ju…

1609 MEDIATION 1609.1 Whenever a protest is filed, all parties shall attend mediation on a mutually convenient date prior to the scheduled protest status hearing or the protest hearing. The date of the mediation may be arranged at the roll call hearing or may be arranged at any o…

1610 SETTLEMENT AGREEMENTS 1610.1 The terms of a settlement agreement submitted by the parties shall be consistent with District of Columbia law and shall be in compliance with D.C. Official Code §§ 25-446.01 and 25-446.02. 1610.2 The Board may initiate a “Notice to Show Cause He…

1611 SHOW CAUSE HEARINGS 1611.1 Whenever the Board has reasonable cause to believe that any license or permit should be fined, revoked, or suspended pursuant to Chapter 8 of Title 25 of the D.C. Official Code, it shall notify the person to whom the license or permit was issued by…

1612 PROTEST HEARINGS 1612.1 Whenever any objection is filed to any of the licensing actions set out in § 1602.1, whether by protest or by submission of Protest Petitions, the Board shall hold an adjudicatory proceeding, known as a “protest hearing,” for the purpose of receiving …

1613 SUMMARY SUSPENSION AND SUMMARY REVOCATION HEARINGS 1613.1 In rendering a decision on a summary suspension hearing, the Board may suspend or restrict the license of the licensee. Additionally, the Board may keep the licensee in the summary suspension proceeding to monitor the…

1614 CONSOLIDATED HEARINGS BEFORE THE BOARD 1614.1 A consolidated protest hearing or show cause hearing may be held if the issues to be considered at the hearing are the same issues that are involved in another proceeding with the same Applicant pending before the Board. 1614.2 I…

1615 RULE ON WITNESSES 1615.1 At the request of a party, or on its own motion, and subject to § 1615.2, the Board shall order witnesses excluded so that they will not hear the testimony of other witnesses. 1615.2 Notwithstanding § 1615.1, the following persons shall not be exclud…

1616 FACT FINDING HEARINGS 1616.1 Prior to rendering a final decision on a licensing request or an ABRA Investigative Report, the Board may hold a non-evidentiary fact finding hearing to obtain further information from an applicant, licensee, witness, government official, or any …

1617 MORATORIUM HEARINGS 1617.1 The Board shall hold moratorium hearings pursuant to the requirements set forth in D.C. Official Code §§ 25-353 and 25-354. SOURCE: Final Rulemaking published at 63 DCR 3727 (March 11, 2016); as amended by Final Rulemaking published at 66 DCR 1822 …

1618 DISMISSAL FOR FAILURE TO PURSUE AN APPLICATION OR PROTEST 1618.1 Absent good cause, where an applicant or a protestant fails to appear for hearings, fails to file requested pleadings, or fails to comply with a Board order, the Board shall, on its own motion, dismiss the appl…

1700 APPLICABILITY 1700.1 This chapter shall apply to all hearings held before the Board. 1700.2 The Board may, for good cause shown and in the interests of justice or to prevent hardship, waive any of the provisions of this chapter in any proceeding after duly advising the parti…

1701 PARTIES, INTERVENTION, AND RIGHT TO BE HEARD 1701.1 The parties to a show cause hearing shall be the following: (a) The respondent, licensee, permittee, or applicant, and (b) The District of Columbia. 1701.2 The parties to a protest hearing shall be the applicant and the pro…

1702 COMPUTATION OF TIME FOR FILINGS 1702.1 Whenever a party to a proceeding under this chapter has the right or is required to perform some act within a specified time period after the service of notice upon the party, and the notice is served upon that party by mail, three (3) …

1703 SERVICE OF PAPERS 1703.1 Any papers filed with the Board or on opposing parties in a contested case shall be served by personal delivery, first class U.S. mail, registered or certified mail, or by electronic mail. Proof of service shall be shown as required in § 1703.7. 1703…

1704 SUBPOENAS 1704.1 The Board may upon its own motion, or upon the request of a party, compel witnesses to appear and testify or to produce books, records, papers, or other documents. 1704.2 Subpoenas shall be served by one of the methods set forth in D.C. Official Code § 25-44…

1705 CONTINUANCES 1705.1 A hearing scheduled before the Board shall not be delayed by motion for a continuance unless the motion is received in writing by the Board and the other parties six (6) calendar days before the scheduled hearing date and is served upon all parties on or …

1706 APPEARANCE AND REPRESENTATION 1706.1 An individual may represent himself or herself in any proceeding before the Board. 1706.2 An attorney may represent any party before the Board by submitting a Notice of Appearance or completing ABRA’s Attorney/Representative Designation F…

1707 NOTICE OF APPEARANCE 1707.1 A non-lawyer representative shall submit a signed statement containing that person’s name, address, e-mail address, telephone number, and the nature of the representation, or ABRA’s Attorney/Representative Designation Form prior to appearing befor…

1708 INSPECTION OF BOARD FILES 1708.1 The records of the Board shall be available for inspection and copying as soon as practicable, but no longer than three (3) business days from the date that the request is made by any interested party or member of the public, except as otherw…

1709 INVESTIGATOR REPORTS 1709.1 1709.1 All applications scheduled for a protest hearing shall be assigned for investigation by the Board and the investigator report shall be considered part of the Board’s protest hearing record. 1709.2 The Board shall make investigator report av…

1710 SCHEDULING AND CONDUCT OF HEARINGS: GENERAL PROVISIONS 1710.1 The Board shall not schedule any hearing until the applicant has submitted, in writing to the Board, all information and documents required by the Act and this title. 1710.2 Before a person may be heard to object …

1711 EVIDENCE: GENERAL RULES 1711.1 Any party objecting to the admission of evidence shall state the grounds relied upon for the objection. 1711.2 Formal exceptions to the rulings of the Board made during the course of a hearing shall not be required. 1711.3 The parties may, by s…

1712 OFFERS OF PROOF 1712.1 Any offer of proof made in connection with an objection to any ruling of the Board which rejects or excludes proffered oral testimony shall consist of a statement for the record of the substance of the evidence which the party contends would be establi…

1713 DOCUMENTARY EVIDENCE 1713.1 Documentary evidence offered at any hearing before the Board shall, if received by the Board, be retained by the Board, and may be examined by interested persons pursuant to § 1708. 1713.2 Any party who intends to offer documentary evidence at a h…

1714 EXAMINATION OF WITNESSES 1714.1 In any proceeding before the Board, each party shall have the right to present in person or by counsel or designated representative, the party’s case or defense, including oral and documentary evidence, to submit rebuttal evidence, and to cros…

1715 RECORDS IN PROCEEDINGS 1715.1 When any part of the record in any other proceeding before the Board, a criminal or civil action, or a proceeding before any administrative agency is offered in evidence, a certified true copy of that part of that record shall be presented to th…

1716 MOTIONS 1716.1 Any party to a protest may seek relief from the Board against an opposing party by filing a motion with the Board. Unless otherwise specified, motions shall conform to the following requirements: Be in writing; Served upon the other parties to the protest by e…

1717 POST-HEARING SUBMISSIONS 1717.1 No document or other information shall be accepted for the record after the close of a hearing except as follows: (a) Unless accompanied by a Motion to Re-open the Record demonstrating good cause and the lack of prejudice to any party; (b) Unt…

1718 DECISIONS OF THE BOARD 1718.1 Within ninety (90) calendar days after the close of the record, the Board shall render its written decision accompanied by Findings of Fact and Conclusions of Law. 1718.2 Findings of Fact and Conclusions of Law shall consist of a concise stateme…