D.C. Mun. Regs. tit. 14, r. 14-5737

Current through Register 71, No. 45, November 7, 2024

Rule 14-5737 - RIGHTS OF COMPLAINANTS

5737.1

The complainant shall be afforded a fair hearing providing the basic safeguards of due process, which shall include the following:

(a) The right to be represented by legal counsel or another person chosen as a representative; at their own expense, provided that if the family has not notified DCHA in writing at least three business days in advance of their intention to be represented, the hearing officer shall grant any request from DCHA for a continuance.;

(b) The right to a private hearing, unless the complainant requests a public hearing;

(c) The opportunity to examine, before the hearing, documents, records, and regulations of DCHA that are relevant to the hearing. Any document not so made available after a request for the document has been made by the complainant may not be used as evidence by DCHA at the hearing. For hearings requested pursuant to § 5733.1(c), DCHA shall make such documents available to the complainant, or its representative for review and/or copying either within twenty-one (21) calendar days of the request or seven (7) calendar days prior to the Informal Hearing date, whichever is sooner;

(d) When requested, DCHA shall provide to the complainant, at no charge, fifty (50) pages of documents, records, and unpublished regulations of DCHA relevant to the hearing. A reasonable charge of not more than twenty five cents (25¢) per page may be assessed for reproducing material in excess of fifty (50) pages requested by the complainant. If the documents are provided electronically or on a CD, DCHA is authorized to charge for the cost of the CD and the total number of pages produced electronically;

(e) The right to present evidence and arguments in support of his or her complaint, to controvert evidence relied on by DCHA, and to confront and cross-examine all witnesses on whose testimony or information DCHA relies;

(f) The right to a decision based solely upon the facts presented at the hearing; and

(g) The right to request a reasonable accommodation for a disability.

D.C. Mun. Regs. tit. 14, r. 14-5737

Final Rulemaking published at 64 DCR 12956 (12/22/2017); amended by Final Rulemaking published at 66 DCR 6831 (6/7/2019)