D.C. Mun. Regs. tit. 29, r. 29-5908

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

Rule 29-5908 - PRE-HEARING PROCEDURES

5908.1

This section does not apply to an expedited preliminary review hearing.

5908.2

CFSA shall notify the appellant in writing of the date, time, and place of the fair hearing. The notice shall be provided within ten (10) business days of the filing of the request for a fair hearing and at least ten (10) business days in advance of the fair hearing.

5908.3

Except as provided by § 5907.11, the fair hearing shall be held within forty-five (45) days of the date of the fair hearing request, unless the time is extended for good cause.

5908.4

The notice of fair hearing shall:

(a) Include a summary of or a copy of the rules governing the fair hearing process;

(b) Advise the appellant:

(1) Of his or her right to be represented by a lawyer or other person at the fair hearing, at the appellant's own expense;

(2) Of the availability of any known free legal services;

(3) Of the right to present documents and witnesses, including CFSA employees, in support of the appeal;

(4) Of the right to examine the case record, except for information that CFSA is required by law to keep confidential;

(5) That if the appellant or a witness is deaf or cannot readily understand or communicate the spoken English language, the appellant may apply to CFSA for the appointment of a qualified interpreter;

(6) Of the name and telephone number of the person to call if the appellant cannot attend the fair hearing; and

(7) That failure to attend the fair hearing without good cause may result in dismissal of the appeal.

5908.5

Any party may request a change of the date, time, or place of the fair hearing. If the Hearing Examiner finds that good cause for a change exists, CFSA shall set another date, time, or place for the fair hearing. The time limit established by § 5908.3 shall be extended by the period of delay due to any postponement approved by the Hearing Examiner.

5908.6

CFSA may schedule a consolidated fair hearing involving multiple appellants when it receives more than one request for fair hearing and the sole issue is one of District or federal law or policy, or CFSA policy. In any consolidated fair hearing, the same procedures for an individual fair hearing apply, including the right of individual representation.

5908.7

The appellant may request, in writing, assistance to secure the attendance at the fair hearing of any CFSA employee. The request shall state the reasons why the employee's attendance is required. If the Hearing Examiner decides that the employee's attendance is necessary for the fair determination of the issues on appeal, the Hearing Examiner shall require the employee, if still employed by CFSA, to be present at the fair hearing.

5908.8

The Hearing Examiner may require the presence at the fair hearing of any CFSA employee, or in the case of an applicant for or holder of a foster home license, any child placing agency under which the applicant seeks to be licensed.

5908.9

The appellant may examine the CFSA record upon which the CFSA action is based, except any information that CFSA is required by law to keep confidential.

5908.10

The Hearing Examiner may require the parties to exchange documents and witness lists prior to the hearing.

5908.11

The Hearing Examiner may, prior to the hearing date and with the consent of the parties, refer the matter to another CFSA Hearing Examiner for mediation. The time requirements in § 5908.3 shall be extended while the case is in mediation.

5908.12

This section shall apply to a request for final fair hearing pursuant to § 5902.1(g) except that:

(a) The notice of the date, time, and place of the fair hearing shall be provided within five business days of the expedited preliminary review hearing or, if one is not requested, within five business days of receipt of the request for a final fair hearing; and

(b) The fair hearing shall be held within thirty (30) days after the suspension or conversion is issued, unless extended for no more than an additional thirty (30) days upon agreement of all parties or for good cause shown.

D.C. Mun. Regs. tit. 29, r. 29-5908

Emergency published at 47 DCR 6035 (July 28, 2000) [EXPIRED]; as amended by Emergency published at 48 DCR 10067 (November 2, 2001) [EXPIRED]; as amended by Final Rulemaking published at 49 DCR 2440 (March 15, 2002)