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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 29. PUBLIC WELFARE |
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Chapter 29-25. SHELTER AND SUPPORTIVE HOUSING FOR INDIVIDUALS AND FAMILIES |
Section 29-2550. FAIR HEARINGS
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2550.1A client applying for or receiving shelter or supportive housing services covered by this Chapter shall have the right to appeal through a fair hearing, any decision by the Department or a Provider to:
(a) Deny eligibility for services to an applicant;
(b)Transfer the client to another Provider;
(c) Suspend the client from shelter or supportive housing;
(d)Suspend the provision of supportive services to the client for a period longer than ten (10) days but no longer than thirty (30) days; or
(e)Terminate services to the client.
2550.2In addition to the bases for appeal in subsection 2550.1, a client may request a fair hearing to obtain any legally available and practicable remedy for any alleged violation of:
(a) Any applicable Provider standards listed in sections 2515 through 2519; or
(b) The client rights listed in sections 2512 and 2513.
2550.3A client shall request a fair hearing, orally or in writing, within ninety (90) days of receiving written notice of the adverse action.
2550.4The Mayor shall treat a fair hearing request made by a client representative in the same manner as it would be treated if it were made directly by the client; provided, that the Mayor subsequently receives written documentation authorizing the client representative to act on behalf of the client in accordance with the requirements of section 1005 of the District of Columbia Public Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-101; D.C. Official Code § 4-210.05 (2008 Repl.)).
2550.5A request for a fair hearing shall be made to the Office of Administrative Hearings, or to the client’s Provider, the Department, or the Mayor. If the request is made orally, the individual receiving the request shall promptly acknowledge the request, reduce it to writing, and file the request for a fair hearing with the Office of Administrative Hearings.
2550.6Any client who requests a fair hearing within fifteen (15) days after receipt of written notice of a suspension or termination of shelter or supportive housing shall continue to receive shelter or supportive housing pending a final decision from the fair hearing proceedings. This right to continuation of shelter or supportive housing pending appeal shall not apply in the case of a transfer pursuant to section 2521 or an emergency action pursuant to section 2524.
2550.7If a client requests a fair hearing in accordance with subsection 2550.6 but leaves the program as evidenced by unexplained absences from the program for more than 30 minutes after lights out in low barrier shelter or 48 hours in temporary shelter and supportive housing, or by informing the Provider that they are residing elsewhere, the Provider shall be allowed to give the client’s bed or unit to another client. If the client leaves any property at the facility, the program shall be able to remove the property from the bed or unit, and store the property in accordance with section 2520.
2550.8If, following a client’s successful appeal, the original placement has no available unit or bed the client shall receive the first available opening at the original placement. Until such time as a placement in the original program becomes available, the managing agency, whether the Department or its designee, shall give the client the highest priority for and offer to the client the most similar opening available in the Continuum of Care.