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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 29-26. BURIAL ASSISTANCE PROGRAM |
Section 29-2604. APPEALS
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2604.1Each aggrieved applicant shall have the right to appeal a denial of burial or cremation assistance.
2604.2An applicant shall have the right to request a fair hearing by giving a clear expression, oral or written, that he or she would like the opportunity to present the issue by which he or she is aggrieved to a higher authority.
2604.3The request for a fair hearing shall be accepted by any staff member involved in the eligibility determination process.
2604.4The applicant shall have ten (10) calendar days from the date of the notice described in subsection 2601.12 to file an appeal.
2604.5An administrative review shall be held, unless waived by the applicant, as soon as possible but no later than ten (10) business days following the request for appeal.
2604.6The purpose of the administrative review shall be to ascertain the validity of the Department's position and, if possible, resolve the claim.
2604.7If the applicant is not satisfied with the results of the review or has waived the review, or he or she does not appear at the review, the hearing shall be held as scheduled.
2604.8The hearing shall be held at a time, date, and place designated by the Department.
2604.9During the hearing, an applicant shall have the right to:
(a)Examine the contents of the case record and all documents and records to be used by the Department at the hearing;
(b)Represent himself or herself, or use an authorized representative;
(c)Present witnesses; and
(d)Question or refute any testimony or evidence presented by the Department, including having the opportunity to confront and cross-examine witnesses.
2604.10The Department shall not be represented by an attorney at the hearing or administrative review, unless the applicant is represented by an attorney.
2604.11Hearings shall be conducted by an impartial official who is designated by the Director.
2604.12The recommendations of the impartial official shall be based solely on evidence and other material introduced at the hearing and in the Department's case file.
2604.13A copy of the hearing official's findings of fact, conclusions of law and recommendations shall be sent to the applicant and his or her authorized or legal representative.
2604.14The Director, or his or her designee, shall make the final decision on all appeals, which are binding and shall have immediate effect. A written notice of the decision shall be sent to the applicant and his or her authorized or legal representative.
2604.15The Department will take all reasonable steps to hold a hearing, make a final decision, and where the decision is to grant benefits, provide burial assistance in a timely manner.
2604.16In each case where a decision favorable to the applicant is rendered, the Department shall issue payment within thirty (30) business days after the completion of the administrative review or hearing.
2604.17Any applicant who is dissatisfied with a final decision may seek judicial redress by filing in the District of Columbia Court of Appeals a written petition for review within thirty (30) business days following the receipt of the final decision of the Department.
2604.18The applicant shall be informed in writing of his or her right to appeal an adverse final decision of the Department to the District of Columbia Court of Appeals.