D.C. Mun. Regs. r. 1-2972

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 1-2972 - PUBLIC BENEFITS CASES - REPRESENTATIVES

2972.1

An applicant for, or recipient of, public benefits may be represented by an attorney, a relative, a friend, or any other representative who is not employed by the District of Columbia government.

2972.2

Any person who is not a lawyer who requests a hearing on behalf of someone else must file a statement, signed by the person, authorizing that non-lawyer to be a representative. A hearing request is subject to dismissal unless that statement is filed. Before dismissing a case under this subsection, an Administrative Law Judge shall notify the representative of this requirement.

2972.3

As required by the District of Columbia Public Assistance Act, D.C. Official Code § 4-210.10, if the public benefits applicant or recipient who requested the hearing is not represented by a lawyer, a Government agency or service provider may not be represented by a lawyer at any hearing involving the following public benefit programs:

(a) Medicaid, Healthcare Alliance or other healthcare programs administered by the District of Columbia;

(b) Temporary Assistance for Needy Families (TANF);

(c) SNAP (formerly Food Stamps);

(d) Interim Disability Assistance;

(e) General Assistance for Children; and

(f) Program on Work Employment and Responsibility (POWER).

2972.4

A Government agency or service provider may be represented by a lawyer at a hearing involving any other public benefit program regardless of whether the person who requested a hearing is represented by a lawyer.

2972.5

The practice of lawyers or other party representatives is governed by Sections 2833 and 2835.

D.C. Mun. Regs. r. 1-2972

Final Rulemaking published at 53 DCR 2009, 2012 (March 17, 2006); as amended by Notice of Final Rulemaking published at 57 DCR 12541, 12586 (December 31, 2010); Final Rulemaking published at 63 DCR 6594 (4/29/2016)

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) ).