D.C. Mun. Regs. tit. 5, r. 5-A205

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

Rule 5-A205 - APPEAL OF ADVERSE ACTION

205.1

Every applicant has the right to appeal a decision made by OSSE or an authorized entity as a result of any of the following adverse actions:

(a) Denial of application for subsidized child care services;

(b) Termination of services; or

(c) An inaccurate co-payment computation.

205.2

OSSE or authorized entity shall inform the applicant of his or her right to appeal any decision by requesting an administrative hearing. The notice shall include the following information:

(a) The process for requesting an administrative hearing and where the appeal must be submitted;

(b) The requirement that the appeal be in writing and received within fifteen (15) calendar days of the adverse decision;

(c) The availability of the eligibility staff to assist any applicant who states orally or in writing that he or she wants to appeal a decision, in writing the appeal, and that even if such help is provided, the applicant must review, approve, and sign the appeal request;

(d) The fact that if the case is in the application stage, no services will be provided unless and until an appeal decision to the contrary is issued;

(e) The fact that if an appeal of a decision to terminate services or increase a copayment is filed timely, subsidized child care will continue to be provided unless and until a decision to the contrary is issued;

(f) How a hearing will be scheduled by the Office of Administrative Hearings;

(g) The possibility of the need for additional documentation to be provided to the Hearing Officer;

(h) The appeal process is expected to be complete within sixty (60) days after the date of receipt of the request for an administrative hearing; and

(i) The decision of the Hearing Officer will be provided in writing to all parties.

D.C. Mun. Regs. tit. 5, r. 5-A205

Final Rulemaking published at 64 DCR 9542 (9/29/2017)