Chapter 2D. Career Mobility Action Plan Program.

§ 4–281.01. Definitions.

For the purposes of this chapter, the term:

(1) "Area median income" means the area median income of the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the U.S. Department of Housing and Urban Development.

(2) "Department" means the Department of Human Services.

(3) "Federal poverty guidelines" means the poverty guidelines updated periodically in the Federal Register by the U.S. Department of Health and Human Services under the authority of section 673(2) of the Community Services Block Grant Act, approved October 27, 1998 (112 Stat. 2729; 42 U.S.C. § 9902(2)).

(4) "Low-income household" means a household consisting of one or more individuals with a household income:

(A) At or below 185% of federal poverty guidelines for the size of the household; or

(B) At or below 40% of the area median income for the size of the household.

(5) "Program" means the Career Mobility Action Plan program.

(6) "Program participant" means a household enrolled in the program.

(7) "Support services" means services to program participants provided under this program and may include:

(A) Rental assistance;

(B) Income support; or

§ 4–281.02. Career Mobility Action Plan program authorization.

(a) The Department shall establish and administer the Career Mobility Action Plan program for the purpose of reducing and removing obstacles that low-income households confront as they pursue higher incomes through employment, including a decrease in public benefits that may result from an increase in the household's income.

(b)(1) The Department may provide support services to program participants to help achieve the goals of the program.

(2) The types and amounts of support services provided shall be determined based on household income, household composition, and other criteria established by the Department. Other criteria may include:

(A) Funding availability;

(B) Reducing the impact of losses of other types of benefits a household may receive as income increases;

(D) Supporting career advancement activities.

§ 4–281.03. Eligibility, enrollment, and program requirements.

(a) To be eligible to participate in the program, a household shall:

(1) Reside in the District;

(2) Be a low-income household at the time the household's initial eligibility is determined;

(3) Contain at least one individual who is currently participating in a housing assistance program administered by the District or federal government at the time that the household's initial eligibility is determined; and

(4) Meet any other eligibility criteria established by the Mayor by rule.

(b)(1) The Department may establish preference criteria and an application process and conduct a randomized lottery to select eligible households to participate in the program to aid in the evaluation of the program.

(2) The established preference criteria may:

(A) Factor in whether a household:

(i) Is participating in a time-limited housing-assistance program;

(ii) Includes children under the age of 18; and

(iii) Is willing to participate in career-related and other program activities; and

(B) Limit participation to households that are participating in one or more specific housing assistance programs at the time their initial eligibility for the program is determined.

(d)(1) A program participant shall remain eligible to participate in the program for no more than 5 years after enrollment regardless of income.

(2) To remain eligible to participate in the program, a program participant shall:

(A) Maintain residency in the District;

(B) Participate in any support services mandated;

[(D)] Meet other requirements and criteria established by the Department.

(3) Program participants must exit other housing-assistance programs upon enrollment in the program. A program participant shall cease to be eligible to participate in the program if, during the program participant's enrollment, any member of the program participant's household becomes enrolled in another District- or federal government-funded rental assistance program.

§ 4–281.04. Notice of changes to services or supports.

(a)(1) The Department shall provide written notice by U.S. postal mail and, where possible, by electronic mail, to a program participant before terminating, reducing, or changing the program participant's support services.

(2) The notice shall advise the program participant of the:

(A) Action the Department plans to take;

(B) Reason for the action;

(D) Program participant's right to request a hearing as provided under § 4-281.05.

(b) A program participant shall be considered to have received the notice required by this subsection upon the notice's postmark date or upon the send date if the notice was also sent via electronic mail, whichever date is earlier.

§ 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.

§ 4–281.06. Confidentiality.

(a) The Department shall not use or disclose information collected from or about a program participant or applicant except as provided in subsection (b) of this section.

(b) Provided that the use or disclosure is not otherwise prohibited under District or federal law, the Department may use and disclose to other District agencies, contractors, grantees, auditors, and program evaluators information in program records concerning current or former program participants or applicants without prior consent from any individual to whom the information pertains to:

(1) Establish an applicant's eligibility for, or to determine their amount and type of, support services;

(2) Coordinate for the program participant their support with other services provided by the District government, federal government, or a private individual or entity;

(3) Conduct oversight activities, including management, financial and other audits, program evaluations, planning, investigations, examinations, inspections, quality reviews, licensure, disciplinary actions, or civil, administrative, or criminal proceedings or actions; or

(4) Conduct research related to program services, benefits, supports, assistance, or program outcomes.

§ 4–281.07. Exclusion from income for certain purposes.

Support services shall not be considered income or an asset for purposes of Chapter 2 of this title.

§ 4–281.08. Rulemaking.

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.