D.C. Mun. Regs. r. 22-A2218

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 22-A2218 - RIGHT TO A HEARING IF RECEIVING A HOME FIRST SUBSIDY

2218.1

A consumer who is receiving a Home First Subsidy may request a hearing, meeting the requirements of the D.C. Administrative Procedure Act, from the Department within thirty (30) business days of receiving written notice of reduction, suspension or termination of a supported housing subsidy.

2218.2

A timely request for a hearing shall automatically stay the Department's decision to reduce, terminate or suspend a Home First Subsidy pending the completion of a hearing.

2218.3

Each request for a hearing shall contain a concise statement of the reason why the supported housing subsidy should not be reduced, terminated or suspended.

2218.4

During the course of the hearing, the consumer shall have the right to:

(a) Present any testimony, witnesses or other evidence, both orally and in writing;

(b) Cross-examine any witness presented by the Department; and

(a) Be represented by counsel, a relative, or other authorized personal representative, at the consumer's expense.

2218.5

The recommendation of the hearing officer shall be issued in writing within thirty (30) business days of the hearing and shall include findings of fact based exclusively on evidence presented at the hearing and conclusions of law.

2218.6

The Director shall review the recommendations of the hearing officer and render a final decision within fifteen (15) business days of receiving the hearing officer's recommendations. The Director shall describe the actions required of the Department and actions required of the consumer in implementing the decision.

2218.7

The Director may overrule the hearing officer in instances where he or she does not agree with findings, conclusions or recommendations presented for decision. In such cases, the reasons for the Director's decision shall be specified in writing.

D.C. Mun. Regs. r. 22-A2218

Final Rulemaking published at 60 DCR 6479 (May 3, 2013)

Authority: Sections 104 and 105 of the Department of Mental Health Establishment Amendment Act of 2001, effective December 18, 2001 (D.C. Law 14-56; D.C. Official Code §§ 7-1131.04 and 7-1131.05 (2008 Repl. & 2012 Supp.)).