2707. TEMPORARY EXEMPTION PROCEDURES

2707 TEMPORARY EXEMPTION PROCEDURES 2707.1 A person may apply to the Mayor for a temporary exemption from the maximum permissible noise levels or the time limits established by the Act. 2707.2 If the applicant is required to obtain a building permit from the District government, he or she may include the request for a temporary exemption with the application for that permit. 2707.3 The decision of the Mayor shall be in writing and shall include a statement of the reasons for the action taken. 2707.4 If a temporary exemption is granted, the decision shall include the following information: (a) The name of the applicant; (b) The noise level to be permitted; (c) The period of time during which the exemption shall be in effect; and (d) Any other conditions or qualifications necessary for the protection of the public under the standards applicable to the granting of a temporary exemption. 2707.5 A temporary exemption shall be granted for as long as is necessary, but shall not exceed forty-five (45) days. 2707.6 A notice of the issuance of a temporary exemption shall be published in the D.C. Register and shall be posted by the applicant in a conspicuous sport at the location involved for a period of our (4) consecutive days following the date of issuance. 2707.7 Any person adversely affected by the issuance or denial of a temporary exemption may, within ten (10 days of the decision, request a hearing on the matter. 2707.8 If the Mayor finds that a sufficient bona fide controversy exists regarding the issuance or denial of a temporary exemption, the Mayor may, in his or her discretion, hold a hearing on the matter. 2707.9 The hearing shall be held as soon as practicable. 2707.10 A decision by the Mayor after a hearing shall be final, subject to a de novo review by a court of competent jurisdiction. 2707.11 Unless the Mayor orders otherwise, the filing of a request for a hearing shall not affect the issuance of a temporary exemption. SOURCE: Section 2 of the Noise Control Amendment Act of 1996, D.C. Law 11-161, 43 DCR 3727, 3730 (July 19, 1996).