D.C. Mun. Regs. tit. 29, r. 29-2552
Upon receipt of a fair hearing request, the Department shall offer the client or client representative an opportunity for an administrative review by the Department of the decision, action, or inaction that is the subject of the fair hearing request.
A client may have a representative to assist him or her at the administrative review. The representative may be either an attorney or layperson. The representative shall not be a Department employee.
The client or client representative shall have the right to review the Provider's or Department's records regarding the client, or the records of other related service Providers regarding the client, prior to the administrative review and throughout the fair hearing process.
The client or client representative shall have the right to submit issues and comments in writing to the Department, prior to or at the time of the administrative review.
At the administrative review, the client, or client representative, and the Provider or agency's representative may provide oral or written evidence and may bring witnesses to provide oral or written evidence to support their position.
The administrative review officer may request that additional information or documentation be submitted after the administrative review, if such information or documentation is necessary to the administrative review decision.
The client, Provider, or agency shall have the right to a continuance of the administrative review for good cause shown.
If a client or client representative does not obtain a continuance prior to the scheduled administrative review and misses the review, it is within the administrative review officer's discretion to reschedule the review if good cause is provided after the fact.
If a client or client representative has not requested that the administrative review be rescheduled for good cause, however, and the client fails to appear at the scheduled administrative review, the review shall not be held. The client's failure to appear shall not affect his or her right to the fair hearing he or she has previously requested.
If the Provider or the Department has not obtained a continuance of the administrative review based on good cause, the Provider or the Department fails to appear at the scheduled administrative review, and the client appears, the administrative review officer shall proceed as scheduled.
If an administrative review is conducted, the administrative review shall be completed before the Office of Administrative Hearings commences a fair hearing.
The administrative review shall be completed and a decision shall be rendered within fifteen (15) days after receipt of a request for a fair hearing by the Department's Administrative Review Office, unless a continuance is granted. If a continuance has been entered, the administrative review decision shall be rendered no later than five (5) days from the date of the rescheduled review.
At any time, a client or client representative may resolve with the Provider or the Department the matter that is the subject of the request for a fair hearing. If the matter is resolved after the administrative review has been convened, the client or client representative shall submit written notice to the administrative review officer of the resolution.
If the client is satisfied with the administrative review decision, the client's request for a fair hearing shall be considered formally withdrawn upon submission by the client or the client representative of a signed statement to the Office of Administrative Hearings confirming such withdrawal.
D.C. Mun. Regs. tit. 29, r. 29-2552