D.C. Mun. Regs. tit. 1, r. 1-2971

Current through Register Vol. 71, No. 48, November 29, 2024
Rule 1-2971 - PUBLIC BENEFITS CASES - BEGINNING A CASE
2971.1

A person can request a hearing by e-mailing, filing via eFiling portal, mailing, or bringing a written request to OAH, or by making an oral request in person at OAH or by telephone to OAH. OAH's email address is oah.filing@dc.gov; its telephone number is 202-442-9094; and its street and mailing address is Office of Administrative Hearings, One Judiciary Square, 441 4th Street, NW, Suite 450 North, Washington, DC 20001.

2971.2

Hearing request forms shall be available at OAH (including on its website), at all DHS service centers, at the District of Columbia Department of Health Care Finance (DHCF), at DOEE, at the Division of Early Childhood Education at OSSE, and at DDS, Rehabilitation Services Administration.

2971.3
(a) A hearing request shall describe:
(1) The type(s) of benefits involved;
(2) The action or inaction to which the person objects; and
(3) The name and, to the extent available, the telephone number, mailing address, and e-mail address of the person requesting a hearing.
(b) Persons who request a hearing under the Homeless Services Reform Act may provide only an e-mail address at which they can receive any papers in the case, including notices and orders, if they do not have a street address or post office box where they can receive mail.
(c) If available, a copy of the agency's notice of its action or decision shall be attached to the hearing request. A hearing request that does not contain a copy of the notice shall not be rejected on that basis alone.
2971.4

To make a hearing request in writing, a person may email, file via eFiling portal, mail, or bring a written request to:

(a) A DHS;
(b) DHCF for a hearing concerning Medicaid, Healthcare Alliance, or other healthcare programs administered by the District of Columbia;
(c) DOEE for a hearing concerning Low Income Home Energy Assistance Program benefits (LIHEAP);
(d) A shelter or other service provider for a hearing under the Homeless Services Reform Act;
(e) The Division of Early Childhood Education at OSSE for a hearing concerning childcare benefits;
(f) DDS, Rehabilitation Services Administration, for a hearing concerning vocational rehabilitation services; or
(g) OAH.
2971.5

To make a hearing request in person, a person may visit:

(a) A DHS service center;
(b) DHCF, or the Office of the Health Care Ombudsman and Bill of Rights, for a hearing concerning Medicaid, Healthcare Alliance, or other healthcare programs administered by the District of Columbia, or the Aging and Disability Resource Center for a hearing concerning the Elderly and Persons with Physical Disabilities (EPD) waiver program;
(c) DOEE, for a hearing concerning Low Income Home Energy Assistance Program benefits (LIHEAP);
(d) The Division of Early Childhood Education at the OSSE, for a hearing concerning childcare benefits;
(e) DDS, Rehabilitation Services Administration, for a hearing concerning vocational rehabilitation services; or
(f) OAH.
2971.6

To make a hearing request by telephone, a person may call:

(a) DHS;
(b) DHCF, for a hearing concerning Medicaid, Healthcare Alliance, or other healthcare programs administered by the District of Columbia;
(c) The Division of Early Childhood Education at OSSE, for a hearing concerning child-care benefits; or
(d) DDS, Rehabilitation Services Administration, for a hearing concerning vocational rehabilitation services; or
(e) OAH.
2971.7

If the agency or service provider receives a written hearing request, it shall file the request with OAH within three (3) calendar days of receiving the request.

2971.8

If the agency or service provider receives an oral or telephone hearing request, it shall prepare and file a hearing request form with OAH within three (3) calendar days of receiving the request.

2971.9

If OAH receives a written hearing request from an individual, it shall send the request to any agency or service provider whose decision is being challenged.

2971.10

If OAH receives an oral or telephone hearing request from an individual, it shall complete a written summary of the request and send it to any agency or service provider whose decision is being challenged.

2971.11

If DHS requests a hearing concerning a claim that a SNAP (formerly Food Stamps) recipient should be disqualified from receiving benefits due to an intentional program violation, it shall do so by completing and filing a hearing request form approved by the Chief Administrative Law Judge.

D.C. Mun. Regs. tit. 1, r. 1-2971

Final Rulemaking published at 53 DCR 2009, 2011 (March 17, 2006); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12585 (December 31, 2010); Final Rulemaking published at 63 DCR 6594 (4/29/2016); amended by Final Rulemaking published at 71 DCR 13913 (12/1/2024)
Notice of Final Rulemaking published at 59 DCR 3128 (April 20, 2012) renamed chapter 29, "Office of Administrative Hearings: Rules for DCPS, Rental Housing, Public Benefits, and Unemployment Insurance Cases."
Authority: The Chief Administrative Law Judge of the Office of Administrative Hearings (OAH), pursuant to the authority set forth in Sections 8(a)(7) and 8(b)(7) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76, D.C. Official Code §§ 2-1831.05(a)(7) and (b)(7)) .