Code of the District of Columbia

§ 4–281.05. Hearings.

(a) A program participant or the program participant's representative may request a hearing before the Office of Administrative Hearings ("OAH") to appeal a decision by the Department to:

(1) Terminate the program participant from the program in less than 5 years of participation; or

(2) Reduce or change the support services provided to the program participant based on:

(A) The program participant's:

(i) Failure to comply with the program requirements"

(ii) Income; or

(iii) Household composition; or

(B) Other criteria established by the Department.

(b) The Mayor shall give the program participant reasonable notice of the time and location of the hearing.

(c)(1) Upon receipt of a hearing request, the Mayor, or the Mayor's designee, shall offer the program participant, or program participant's representative, an opportunity for an administrative review by the Department of the decision that is the subject of the hearing request.

(2) If eviction is imminent, the Department shall take all reasonable steps to provide expedited administrative review to maximize resolution of the appeal.

(d) A program participant shall have 30 calendar days following receipt of the notice required under § 4-281.04 to request a hearing.

(e) The hearing shall be conducted in accordance with § 4-754.41(f)(1)-(3)).

(f) A program participant that timely requests a hearing shall continue to receive the program services or supports provided to the program participant prior to receiving notice of the adverse action, pending a final decision.

(g) If OAH enters a decision in favor of a program participant, the Mayor shall authorize corrected payments and services, if applicable, retroactively to the date the incorrect action was taken.

(h) Materials and documents filed with OAH during the hearing proceedings shall be maintained in compliance with § 2-1831.13(d), and any other District or federal law pertaining to the confidentiality of records.