§ 25–432. Standard review procedures.

(a) If no protest has been received by the Board during the protest period, the Board shall consider the application within 10 days after the end of the protest period.

(b) If a protest has been received by the Board during the protest period, the Board shall take the following actions:

(1) The Board shall schedule a protest hearing, to be held within 75 days of the end of the protest period, for new license applications to receive testimony and other evidence regarding the application in accordance with §§ 25-442 and 25-444.

(2)(A) The parties shall be informed of their obligation to attend a mediation under § 25-445 for the purpose of discussing and resolving, if possible, the objections raised by the protestants.

(B) The parties shall be informed of their rights and responsibilities with respect to reaching a settlement under §§ 25-445 and 25-446.

(C) At the request of all parties, and if a mediation would be unlikely to succeed, the Board may waive the parties’ obligation to attend a mediation.

(3) The Board shall issue a decision in accordance with § 25-433.

(May 3, 2001, D.C. Law 13-298, § 101, 48 DCR 2959; May 1, 2013, D.C. Law 19-310, § 2(p), 60 DCR 3410; May 2, 2015, D.C. Law 20-270, § 2(c)(1), 62 DCR 1866; Feb. 21, 2020, D.C. Law 23-52, § 2(c)(2), 67 DCR 21; Mar. 22, 2023, D.C. Law 24-332, § 5, 70 DCR 1582.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-310 inserted “to be held within 75 days of the end of the protest period, for new license applications” in (b)(1).

The 2015 amendment by D.C. Law 20-270 substituted “the Board shall consider” for ” the Board shall schedule an administrative review to consider” in (a).

Emergency Legislation

For temporary amendment of (b)(1), see § 2(p) of the Omnibus Alcoholic Beverage Regulation Emergency Amendment Act of 2012 (D.C. Act 19-597, January 14, 2013, 60 DCR 1001).

For temporary (90 days) amendment of this section, see § 2(p) of the Omnibus Alcoholic Beverage Regulation Congressional Review Emergency Act of 2013 (D.C. Act 20-52, April 22, 2013, 60 DCR 6372, 20 DCSTAT 1388).