Board adopts revised procedures for appeals, briefing and site visits; reply brief eliminated (4–1)

The San Francisco Board of Appeals adopted a revised set of hearing rules on Dec. 15 that change briefing schedules, limit late submissions, codify site-visit reporting and restrictions, and clarify procedures for continuances, jurisdiction requests, indigency waivers and rehearing practice. The rules (draft dated Dec. 15) were adopted with two edits: giving the board president discretion to set the order of items and clarifying a statutory reference to the Business and Tax Regulations Code.

Key changes include: limiting supplemental material filed with a preliminary appeal to one page (with exhibits allowed), shortening the briefing timeline (appellant briefs due three weeks before hearing; respondent briefs due one week before; reply briefs eliminated), establishing formatting rules for written submittals, and a process for the executive secretary to administratively dismiss appeals where underlying environmental determinations have been overturned.

The most contested change was elimination of the appellant reply brief; commissioners split on the balance between faster throughput and the appellant’s burden of proof. One commissioner voted against adoption specifically because of the removal of the reply brief; the motion to adopt passed 4–1. The board directed staff to apply the new briefing schedule only to appeals filed after the rule change (effective Dec. 16 for new matters).

Public commenters and several commissioners urged clearer web guidance and plain-language templates for pro se appellants, and recommended that scheduled site visits include notice to both parties so each can ask the visiting commissioner to observe particular vantage points.

The board’s new rules aim to speed processing while preserving due process; staff will publish guidance on standards of review, submittal formatting and the new deadlines.