D.C. Mun. Regs. tit. 29, r. 29-2553

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 29-2553 - ADMINISTRATIVE REVIEW NOTICE REQUIREMENTS

2553.1

Upon receipt of a request for a fair hearing, the Department's Administrative Review Office shall schedule an administrative review. As soon as possible after receipt of the request for a fair hearing, the Department shall mail and, if possible, transmit by facsimile, a notice of the administrative review to the client, the client representative, if there is one, the Provider, and the Department's representative if there is a Department action at issue.

2553.2

The notice shall contain the following information:

(a) The date, time, and place of the review;

(b) The purpose of the review;

(c) That the client has the right to have an attorney or lay representative present at the administrative review;

(d) That the client or client representative has the right to submit issues and comments in writing to the Department, prior to or at the time of the administrative review;

(e) That the client or client representative has 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 at any time during the administrative review process;

(f) That the review will not be held unless the client appears and that the client's failure to appear will not affect the client's right to the fair hearing previously requested;

(g) That if an administrative review is conducted, the administrative review will be completed and a decision issued in writing within fifteen (15) days after the receipt by the Department's Administrative Review Office of the request for a fair hearing, unless good cause is shown;

(h) That if the client is not satisfied with the result of the administrative review, the fair hearing previously requested will be held; and

(i) That if the client is satisfied with the result of the administrative review, the client's request for a fair hearing shall be considered formally withdrawn upon the submission of a signed statement by the client or client representative to the Office of Administrative Hearings confirming such withdrawal.

D.C. Mun. Regs. tit. 29, r. 29-2553

Notice of Emergency and Proposed Rulemaking published at 57 DCR 6438 (July 23, 2010)[EXPIRED]; as amended by Notice Emergency Rulemaking published at 57 DCR 11353 (November 26, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 3007 (April 8, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 7442, 7501 (August 19, 2011)

Authority: The Director of the Department of Human Services (DHS or Department), pursuant to the authority set forth in section 31 of the Homeless Services Reform Act of 2005 (HSRA or Act), effective October 22, 2005 (D.C. Law 16-35, D.C. Official Code § 4-756.02 (2008 Repl.)), and Mayor's Order 2006-20, dated February 13, 2006.