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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 29-59. FAIR HEARING PROCEDURES FOR THE CHILD AND FAMILY SERVICES AGENCY |
Section 29-5907. EXPEDITED PRELIMINARY REVIEW PROCESS
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5907.1A licensed foster parent, a person licensed to operate a youth residential facility or an independent living program whose license is suspended or converted to a provisional or restricted license without a hearing because CFSA determines that existing deficiencies constitute an immediate or serious continuing danger to the health, safety or welfare of its residents may request an expedited preliminary review.
5907.2The request for the expedited preliminary review must be received within seven (7) days from the date notice to suspend or convert the license is received.
5907.3Within three (3) business days after receiving a timely request for an expedited preliminary review hearing, CFSA shall hold the hearing.
5907.4For good cause, the appellant may request a change of the date, time, or place of the expedited preliminary review hearing. If the Hearing Examiner finds that good cause for a change exists, he or she shall set another date, time, or place for the expedited preliminary review hearing. The time limits established by the chapter are extended by the period of delay due to any postponement requested by the appellant.
5907.5The Hearing Examiner may require the presence of any CFSA employee at the expedited preliminary review hearing.
5907.6The appellant may request in writing the attendance of any CFSA employee at the expedited preliminary review hearing. The request shall state the reasons why the employee's attendance is required. If the Hearing Examiner decides that the employee's attendance is necessary for the fair determination of the issues on appeal, the Hearing Examiner shall require the employee, if still employed by CFSA, to be present at the expedited preliminary review hearing.
5907.7The appellant may examine the licensing record, except he or she may not review any information that CFSA is required by law to keep confidential.
5907.8At the expedited preliminary review hearing, CFSA shall have the burden of establishing a prima facie case that the actions or inactions of a youth residential facility or an independent living program staff or any other condition constitutes either an immediate danger or a serious and continuing danger to the health, safety, or welfare of residents or staff of the facility or program.
5907.9With the consent of all parties, the Hearing Examiner may consolidate the expedited preliminary review hearing and the fair hearing.
5907.10At the conclusion of the expedited preliminary review hearing, the Hearing Examiner shall either affirm or vacate the suspension or conversion. If the expedited preliminary review has been consolidated with the fair hearing, the Hearing Examiner shall issue a decision in accordance with § 5910.
5907.11If the Hearing Examiner affirms the suspension or conversion:
(a)The suspension or conversion shall remain in effect for no longer than thirty (30) days, unless extended for no more than an additional thirty (30) days upon agreement of all parties or for good cause shown; and
(b)A final fair hearing to determine whether to revoke the licensure or continue the restrictions on licensure shall be held within thirty (30) days, unless it has been consolidated with the preliminary review hearing or extended upon the agreement of all parties and for good cause.
5907.12In the event no preliminary review hearing is requested, the order to suspend or convert a license issued under Chapter 62, Title 29 of the D.C.M.R. remains in effect until terminated by CFSA or until the decision following the fair hearing.