Section 29-1105. FAIR HEARING

 

1105.1 Applicants or recipients may request orally, or in writing a Fair Hearing from the D.C. Energy Office, for any of the following reasons:

 

(a) If the application is denied;

 

(b) If the application is neither denied nor approved within forty-five (45) days of applying to the agency;

 

(c) If the amount of the energy payment is less than the recipient believes it should be; or

 

(d) If the applicant challenges the basis for a reduction in the energy payment or the termination of the energy payment.

 

1105.2 The Office of Energy shall conduct a case review to seek administrative resolution of a contested case prior to a hearing. If the case review does not resolve the issue, the client may request a Fair Hearing at the Fair Hearing Office of the Department of Human Services, located at the following address:

 

1170 12th Street, N.W. 

Second Floor

Washington, D.C. 20005 

Telephone: [phone]

 

1105.3 Hearings shall be held in a place reasonably convenient to the claimant.

 

1105.4 The claimant shall be afforded an opportunity to review his or her CEAP file.

 

1105.5 The hearing officer shall be a District of Columbia employee who is not involved in the decision being appealed.

 

1105.6 The following rights shall be guaranteed the claimant:

 

(a) The right to have a representative at the hearing;

 

(b) The right to present oral and written statements or other evidence;

 

(c) The right to request access to, and the production of relevent documents and witnesses;

 

(d) The right to cross examine witnesses; and

 

(e) The right to bring an interpreter if needed.

 

1105.7 Testimony shall be given under oath.

 

1105.8 The hearings shall be recorded and the decision shall be based on the record.

 

1105.9 The claimant shall request a fair hearing within sixty (60) days of the denial of application, the contested change in payment or the termination notice, but a recipient notified of a reduction or a termination under §§1104.2 and 1104.3 of these rules shall request a hearing within the ten (10) day period under those subsections to continue to receive benefits pending a hearing decision.

 

1105.10 Hearing decisions shall be made within thirty (30) days after a request.

 

 

source

Final Rulemaking published at 35 DCR 2934 (April 22, 1988).