D.C. Code § 4-210.02

Current through codified legislation effective September 18, 2024
Section 4-210.02 - Grounds; objectives of hearing process
(a) The Mayor, upon receipt of an application made pursuant to § 4-210.05, shall grant a fair hearing to any applicant for or a recipient of public assistance whose claim for assistance has been denied or has not been acted upon within a reasonable time not to exceed 45 days; or who is aggrieved by any other action or inaction of the Mayor which affects the receipt, termination, amount, kind, or conditions of his assistance.
(b) The following are the major objectives of the hearing process in public assistance:
(1) To enable the Mayor and the claimant to ascertain jointly the factual basis on which, through proper application of the assistance law and agency policies, a just and equitable decision may be reached;
(2) To safeguard applicants and recipients from mistaken, negligent, unreasonable, or arbitrary action by agency staff; and
(3) To reveal aspects of agency policy that are inequitable or constitute a misconstruction of law. It is intended to submit policy to test and argument, and to place in the hands of policy-making officials evidence indicating the need for modification of policies and standards, and the nature of the needed modification.
(c) A hearing need not be granted when either District or federal law requires automatic grant adjustments for classes of recipients of TANF, POWER, or GAC unless the reason for an individual appeal is incorrect computation of the grant.

D.C. Code § 4-210.02

Apr. 6, 1982, D.C. Law 4-101, § 1002, 29 DCR 1060; Aug. 17, 1991, D.C. Law 9-27, § 2(j), 38 DCR 4205; Mar. 20, 1998, D.C. Law 12-60, § 701(t), 44 DCR 7378; Apr. 20, 1999, D.C. Law 12-241, § 2(hhh), 46 DCR 905.

Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.