Section 1-2977. PUBLIC BENEFITS CASES - DEADLINES  


Latest version.
  •  

    2977.1 As required by Federal law, 7 C.F.R. § 273.15(c), decisions in cases involving SNAP (formerly Food Stamps) benefits shall be issued and served on the parties within 60 calendar days of receipt of the hearing request, except that in Intentional Program Violation cases, as required by 7 C.F.R. § 273.16(e)(2)(iv), the decisions shall be issued and served within ninety (90) calendar days after a hearing notice has been issued.

     

    2977.2 As required by the District of Columbia Public Assistance Act, D.C. Official Code § 4-210.12(a), decisions shall be issued and served on the parties within sixty (60) calendar days of receipt of the hearing request in cases involving the following public benefit programs: Temporary Assistance for Needy Families (TANF); Interim Disability Assistance; General Assistance for Children; Program on Work, Employment and Responsibility (POWER); and Medicaid.

     

    2977.3 As required by the Homeless Services Reform Act of 2005, decisions in cases involving shelter or other services provided for homeless persons shall be issued and served on the parties within fifteen (15) calendar days of the completion of the hearing.

     

    2977.4As required by Federal law, 34 C.F.R. § 361.57(e)(1), to the extent a hearing concerning vocational rehabilitation services is required in a case involving the District of Columbia Department on Disability Services, Rehabilitation Services Administration, the Administrative Law Judge shall hold the hearing within sixty (60) calendar days of the hearing request, unless the case is informally resolved, a mediation agreement is reached, or the parties agree to a specific extension of time.

     

    2977.5As required by Federal law, 34 C.F.R. § 361.57(e)(3), decisions shall be issued and served on the parties within thirty (30) calendar days of the conclusion of the hearing in cases concerning vocational rehabilitation services involving the District of Columbia Department on Disability Services, Rehabilitation Services Administration, unless the case is informally resolved, a mediation agreement is reached, or the parties agree to a specific extension of time.

     

    2977.6If a postponement of the hearing date is granted to the party requesting a hearing, the deadline for the issuance and service of the decision shall be extended for as many days as the hearing is postponed.  In Intentional Program Violation cases, the deadline shall be extended only if the Respondent requested the postponement.

     

     

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).