D.C. Mun. Regs. tit. 29, r. 29-7824

Current through Register Vol. 71, No. 44, November 1, 2024
Rule 29-7824 - [Effective until 1/15/2025] FAIR HEARING AND ADMINISTRATIVE REVIEW
7824.1

An FRSP applicant or participant shall have ninety (90) calendar days following the receipt of a written notice described in §§ 7803.8, 7812.15, 7820.3, or 7821.4 to appeal for the action that is the subject of the written notice. The appeal shall be conducted in accordance with the fair hearing and administrative review provisions of Sections 26 and 27 of the Act (D.C. Official Code §§ 4-754.41 and 4-75.42).

7824.2

Upon receipt of an appeal, the Department shall offer the appellant or the appellant's authorized representative an opportunity for an administrative review in accordance with Section 27 of the Act (D.C. Official Code §§ 4-754.42), except that if an eviction is imminent, the Department shall take all reasonable steps to provide an expedited administrative review to maximize resolution of the appeal in time to resolve the housing emergency and prevent the eviction.

7824.3

In accordance with Section 26 of the Act (D.C. Official Code §§ 4-754.41(b)(2) (F)), an appeal of a written notice of program exit issued because the participant reached the end of their FRSP assistance period may not be reviewed at a fair hearing. The administrative review decision by the Department shall be final in such cases.

7824.4

In accordance with Section 27 of the Act (D.C. Official Code §§ 4-754.42(d)(3)), the Department may conduct an administrative review on the papers and without an in-person hearing if the purpose of the administrative review is to ascertain the validity of a decision to exit the participant because the participant reached the end of their FRSP assistance period.

7824.5

In accordance with Section 9 and 22 b of the Act (D.C. Official Code §§ 4-754.11(a)(18) and 4-754.36 b(c)) a participant who appeals within fifteen (15) days of receipt of a written notice of termination pursuant to §§ 7820 or program exit pursuant to §§ 7821 shall have the right to the continuation of FRSP services pending a final decision from the fair hearing proceedings, except, that a participant who appeals within fifteen (15) days of receipt of a written notice of program exit issued because the participant reached the end of their FRSP assistance period shall have the right to continuation of FRSP services pending the administrative review decision.

D.C. Mun. Regs. tit. 29, r. 29-7824

Final Rulemaking published at 71 DCR 11691 (9/27/2024), exp. 1/15/2025 (Emergency)