D.C. Mun. Regs. tit. 29, r. 29-2550

Current through Register 71, No. 45, November 7, 2024
Rule 29-2550 - FAIR HEARINGS
2550.1

A client applying for or receiving shelter or supportive housing services covered by this Chapter shall have the right to appeal through a fair hearing, any decision by the Department or a Provider to:

(a) Deny eligibility for services to an applicant;
(b) Transfer the client to another Provider;
(c) Suspend the client from shelter or supportive housing;
(d) Suspend the provision of supportive services to the client for a period longer than ten (10) days but no longer than thirty (30) days; or
(e) Terminate services to the client.
2550.2

In addition to the bases for appeal in subsection 2550.1, a client may request a fair hearing to obtain any legally available and practicable remedy for any alleged violation of:

(a) Any applicable Provider standards listed in sections 2515 through 2519; or
(b) The client rights listed in sections 2512 and 2513.
2550.3

A client shall request a fair hearing, orally or in writing, within ninety (90) days of receiving written notice of the adverse action.

2550.4

The Mayor shall treat a fair hearing request made by a client representative in the same manner as it would be treated if it were made directly by the client; provided, that the Mayor subsequently receives written documentation authorizing the client representative to act on behalf of the client in accordance with the requirements of section 1005 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-210.05 (2008 Repl.)).

2550.5

A request for a fair hearing shall be made to the Office of Administrative Hearings, or to the client's Provider, the Department, or the Mayor. If the request is made orally, the individual receiving the request shall promptly acknowledge the request, reduce it to writing, and file the request for a fair hearing with the Office of Administrative Hearings.

2550.6

Any client who requests a fair hearing within fifteen (15) days after receipt of written notice of a suspension or termination of shelter or supportive housing shall continue to receive shelter or supportive housing pending a final decision from the fair hearing proceedings. This right to continuation of shelter or supportive housing pending appeal shall not apply in the case of a transfer pursuant to section 2521 or an emergency action pursuant to section 2524.

2550.7

If a client requests a fair hearing in accordance with subsection 2550.6 but leaves the program as evidenced by unexplained absences from the program for more than 30 minutes after lights out in low barrier shelter or 48 hours in temporary shelter and supportive housing, or by informing the Provider that they are residing elsewhere, the Provider shall be allowed to give the client's bed or unit to another client. If the client leaves any property at the facility, the program shall be able to remove the property from the bed or unit, and store the property in accordance with section 2520.

2550.8

If, following a client's successful appeal, the original placement has no available unit or bed the client shall receive the first available opening at the original placement. Until such time as a placement in the original program becomes available, the managing agency, whether the Department or its designee, shall give the client the highest priority for and offer to the client the most similar opening available in the Continuum of Care.

D.C. Mun. Regs. tit. 29, r. 29-2550

Notice of Emergency and Proposed Rulemaking published at 57 DCR 6438 (July 23, 2010)[EXPIRED]; as amended by Notice Emergency Rulemaking published at 57 DCR 11353 (November 26, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 3007 (April 8, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 7442, 7497 (August 19, 2011)
Authority:The Director of the Department of Human Services (DHS or Department), pursuant to the authority set forth in section 31 of the Homeless Services Reform Act of 2005 (HSRA or Act), effective October 22, 2005 (D.C. Law 16-35, D.C. Official Code § 4-756.02 (2008 Repl.)), and Mayor's Order 2006-20, dated February 13, 2006.