Section 1-2972. PUBLIC BENEFITS CASES - REPRESENTATIVES  


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    2972.1An 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.

     

    2972.3As 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).

     

    2972.4A 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.

     

    2972.5The practice of lawyers or other party representatives is governed by Sections 2833 and 2835.

     

     

authority

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) (2012 Repl.)).

source

Final Rulemaking published at 53 DCR 2009 (March 17, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).