Section 29-159. FINAL DECISION  


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    159.1The Director may elect to affirm the hearing examiner’s decision without further review. If a case is not reviewed, the decision of the hearing examiner becomes final and shall be issued by the Director to the applicant or client, and his or her designated representative, if any, within twenty (20) days after the receipt of the decision.

     

    159.2If the Director decides to review the decision, the Director shall notify in writing the applicant or client or, if appropriate, the individual’s parents, guardian, or other representative of his or her intent to review the proposed decision within twenty (20) days of the mailing of the impartial hearing officer’s decision.

     

    159.3If the Director fails to provide the notice required in § 159.2, the hearing officer’s decision becomes a final decision.

     

    159.4If a decision is reviewed and after the parties have been afforded the opportunity to submit additional information pursuant to D. C. Code, 2001 Ed. § 2-509(d), the Director shall issue a decision in accordance with the requirements of § 156.1. This decision shall be final and binding upon the parties, unless otherwise specifically indicated in the decision.

     

    159.5The decision of the Director shall be based on standards of review contained in written Administration policies and procedures.

     

    159.6The Director shall issue the final decision within thirty (30) days of providing notice of his or her intent to review the proposed decision to the applicant or client, or his or her representative and may affirm, modify, remand, or reverse the decision in accordance with D. C. Code, 2001 Ed. § 2-509. The decision shall provide a full report in writing of the decision and of the findings and grounds for the decision.

     

    159.7The Director shall promptly transmit a copy of the final decision to each party and to each party’s representative.

     

    159.8The Director shall not delegate the responsibility of making the final decision to any other officer or employee of the agency.

     

source

Final Rulemaking published at 38 DCR 2034 (April 5, 1991); as amended by 54 DCR 6020 (June 22, 2007).