§ 25–431. Review procedures — General provisions.
*NOTE: This section includes amendments by temporary legislation that will expire on February 4, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a) Except as otherwise provided herein, Board actions and procedures shall be governed by Chapter 5 of Title 2.
(b) Except as provided in subsection (c) of this section, the Board may meet in panels of at least 3 members for the purpose of conducting hearings and taking official actions. Three members shall constitute a quorum.
(c) The Board may establish alternate procedures for uncontested, interim administrative proceedings or issuing stipulated licenses. Such procedures shall be submitted to the Council for approval as provided under § 25-211(b).
(d) The Chair of the Board may appoint a Vice-Chair for the purposes of leading panels as provided for in this section.
(e) For the purposes of this chapter, the Board may permit the Board of Directors of a licensee under a club license to designate a representative to represent it during proceedings before the Board.
(f) Upon receipt of a complete application, the Board shall schedule an roll call hearing on the application. The roll call hearing shall not take place until after the close of the 66-day protest period. This roll call hearing may be conducted by a panel of 3 Board members.
(g) Before any license is issued or renewed, and before any substantial change in the operation of a licensed establishment as determined by the Board under § 25-404, the Board shall ensure that proper notice has been provided to the public and that the public has been given at least 66 days in which to protest the license and that an roll call hearing has been conducted.
(h)(1) The roll call hearing shall be a non-adversarial proceeding conducted by the Board's agent, at which hearing a list of applications for a new or renewed license or approval of substantial change in operation as under § 25-404, and the protestants thereto, shall be read to the public.
(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 ABRA, excluding the ABRA General Counsel, who shall have the authority to:
(A) Regulate the course of the hearing;
(B) Request the persons appearing at the hearing to identify themselves, and to provide contact information, including e-mail 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;
(E) Schedule mediation;
(F) Adjourn a hearing and establish the date when the hearing will be continued; and
(G) Take any other action considered necessary by the Board.