Section 29-5902. NOTICE OF ACTION OR INTENDED ACTION

 

5902.1CFSA shall send written notice as follows:

 

(a)To the recipient of a subsidy, at least ten (10) business days before taking the action, if it intends to reduce, suspend, or terminate the subsidy.

 

(b)To an applicant for a subsidy, within twenty (20) business days of its decision to deny the subsidy.

 

(c)Within seven (7) calendar days from the date that a report is entered in the Child Protection Register, to a person identified in the report as responsible for the substantiated allegation of abuse or neglect of the child who is the subject of the report.

 

(d)Except as provided by 29 DCMR 60, to the foster home licensee, at least ten (10) business days before suspending or revoking a foster home license.

 

(e)To the applicant, within ten business (10) days of its decision not to license a foster home.

 

(f)Except as set forth in § 5902.1 (g), to the applicant or licensee, at least ten (10) business days of its decision not to license a youth residential facility or an independent living program, or to modify, suspend, convert or revoke a license to operate a youth residential facility or independent living program.

 

(g)To the licensee, immediately, of its decision to suspend or convert a license to operate a foster home, youth residential facility or independent living program on an emergency basis.

 

5902.2The written notice shall include:

 

(a)A statement setting forth the action CFSA intends to take or has taken;

 

(b)A brief description of the facts underlying the action or proposed action, including the time, place and issues involved;

 

(c)The specific statute, regulation, rule, or policy supporting the action;

 

(d)An explanation of the right to and method for requesting a fair hearing, including the name and address to whom a request for a hearing shall be directed;

 

(e)An explanation of the right to be represented by legal counsel or by an individual who is not a lawyer, at the appellant's own expense, or to represent himself or herself. A representative may not be a District or CFSA employee;

 

(f)An explanation of the right to present documents and witnesses in support of the appeal;

 

(g)An explanation of the right to examine the case record; and

 

(h)A statement that if the appellant is deaf or cannot readily understand or communicate the English language, he or she may apply to CFSA for the appointment of a qualified interpreter.

 

5902.3In addition to the requirements of § 5902.2, written notice provided pursuant to § 5902.1(c) shall include:

 

(a)The date that the report identifying the person was entered in the Child Protection Register; and

 

(b)A statement that the person has a right to review the entire report, except information which identifies other persons mentioned in the report.

 

5902.4In addition to the requirements of § 5902.2, written notice provided pursuant to § 5902.1(g) shall, in accordance with D.C. Code § 4-1302.05:

 

(a)Inform the licensee that he or she has seven (7) business days from the date the the notice is received to submit a request for an expedited preliminary review hearing for the purpose of reviewing the reasonableness of the suspension or conversion order, with the name and address of the person to whom the request shall be directed;

 

(b)Inform the licensee, concerning the expedited preliminary review hearing:

 

(1)Of the appellant's right to be represented by designating in writing, a lawyer or other person to represent him or her at the expedited preliminary review hearing, at the appellant's own expense;

 

(2)Of the availability of any known free legal services;

 

(3)Of the right to present documents and witnesses in support of the appellant's challenge to the reasonableness of the suspension or conversion order;

 

(4)That if the appellant fails to communicate, either orally or in writing, a timely request for an expedited preliminary review hearing, the order of suspension or conversion shall remain in effect until terminated by CFSA or a fair hearing is held pursuant to this chapter;

 

(c)Notification that if licensee does not request an expedited preliminary review hearing, he or she may still request a fair hearing in accordance with this Chapter.

 

source

Emergency published at 47 DCR 6035 (July 28, 2000) [EXPIRED]; as amended by Emergency published at 48 DCR 10067 (November 2, 2001) [EXPIRED]; as amended by Final Rulemaking published at 49 DCR 2440 (March 15, 2002).