D.C. Mun. Regs. tit. 29, r. 29-5903

Current through Register Vol. 71, No. 43, October 25, 2024

Rule 29-5903 - REQUEST FOR FAIR HEARING

5903.1

Except for a request for an expedited preliminary review as provided in § 5903.6, a person, or his or her representative, may request a fair hearing by giving a timely and clear expression, in writing, that he or she is appealing one or more of the decisions in § 5901.1. The request must be directed to the person specified by CFSA in its written notice under § 5902.2(d).

5903.2

A request for a fair hearing shall include a brief statement, with factual support if appropriate, asserting why the decision or proposed decision of CFSA is incorrect. If a request for a fair hearing is received without the statement required, CFSA may refuse to consider the request or require re-submission of the statement before it will consider the request. The date that the statement is received shall be considered to be the filing date of the request for a fair hearing.

5903.3

If it is unclear from the request for a fair hearing what action is being appealed, CFSA may ask the person who filed the request to clarify the request. The date the clarification is received shall be considered to be the filing date of the request for a fair hearing.

5903.4

Except for a request for an expedited preliminary review hearing as provided by § 5903.6, a request for a fair hearing must be received within thirty (30) days of

(a) The date of the timely notice of action or intended action;

(b) The date of the action, if CFSA failed to give timely notice; or

(c) The date by which CFSA was required to act and CFSA failed or refused to act.

5903.5

CFSA shall acknowledge receipt of the request for fair hearing promptly and in writing.

5903.6

The provisions of § 5903 shall apply to a request for an expedited preliminary review hearing under § 5907, except that:

(a) The request may be made orally or in writing; and

(b) The request must be received within seven (7) business days of the receipt of the notice of emergency suspension or revocation.

D.C. Mun. Regs. tit. 29, r. 29-5903

Emergency published at 47 DCR 6035 (July 28, 2000) [EXPIRED]; as amended by Emergency published at 48 DCR 10067 (November 2, 2001) [EXPIRED]; as amended by Final Rulemaking published at 49 DCR 2440 (March 15, 2002)