Section 29-2554. ADMINISTRATIVE REVIEW OFFICER

 

2554.1Each administrative review shall be conducted by an administrative review officer who shall be an employee of the Department but shall not be the person, or a subordinate of the person, who made or approved any decision or action under review.

 

2554.2The responsibilities of the administrative review officer shall include, but shall not be limited to the following:

 

(a)Review the oral and documentary evidence submitted prior to or at the time of the administrative review in order to assess the factual and legal issues that are presented; 

 

(b)Ascertain the legal validity of the action or decision that is the subject of the fair hearing request and, if possible, achieve an informal resolution of the appeal;

 

(c)Issue a written decision within fifteen (15) days after the receipt by the Department’s Administrative Review Office of a request for a fair hearing, unless a continuance is granted for good cause, in which case the written decision shall be issued within five (5) days of the rescheduled review.  Such decision shall include a clear and detailed description of: 

 

(1) The action or decision by the Provider or the Department that is being appealed;

 

(2)The factual basis supporting the administrative review decision;

 

(3)The actions proposed by the administrative review officers that are intended to resolve the matter being appealed;

 

(4)A reference to the statute, regulation, Program Rule, or policy pursuant to which the administrative review decision is made; and

 

(5)A statement that if the client is not satisfied with the administrative review decision, a fair hearing shall be held;

 

(d)Mail and, if possible, send by facsimile a copy of the administrative review decision to the client, the client representative, the Provider, the Administrator of the Family Services Administration, and the Department’s designee, if any;

 

(e)Mail and send by facsimile to the Office of Administrative Hearings a notice indicating when the administrative review was held and whether the administrative review officer upheld or denied the Provider or Department decision, action, or inaction at issue;

 

(f)If a matter has been resolved before a decision has been served on the parties, send a copy of the notice of settlement by mail and, if possible, by facsimile to the client, the client representative, the Provider, the Administrator of the Family Services Administration, the Department’s designee, if any, and the Office of Administrative Hearings.  The administrative review officer shall send this notice as soon as practicable, but no later than fifteen (15) days after the receipt by the Department’s Administrative Review Office of a request for a fair hearing, or no later than five (5) days following a rescheduled administrative review;

  

(g)Prepare and file any status reports required by the Office of Administrative Hearings; and

 

(h)Review any request for a continuance of the scheduled administrative review.  If good cause is shown, issue a written notice of the new date and time of the rescheduled review to the client or client representative, the Provider, and the Department, if applicable, prior to the commencement of the continuance.

 

authority

The Director of the Department of Human Services (DHS or Department), pursuant to the authority set forth in section 31 of the Homeless Services Reform Act of 2005 (HSRA or Act), effective October 22, 2005 (D.C. Law 16-35, D.C. Official Code § 4-756.02 (2008 Repl.)), and Mayor’s Order 2006-20, dated February 13, 2006.

source

Notice of Emergency and Proposed Rulemaking published at 57 DCR 6438 (July 23, 2010)[EXPIRED]; as amended by Notice Emergency Rulemaking published at 57 DCR 11353 (November 26, 2010)[EXPIRED]; as amended by Notice of Emergency Rulemaking published at 58 DCR 3007 (April 8, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 7442, 7502 (August 19, 2011).