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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 29-5909. FAIR HEARING PROCEDURES
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5909.1This section applies to an expedited preliminary review and to a fair hearing.
5909.2The expedited preliminary review and the fair hearing shall be presided over by an impartial Hearing Examiner who has no involvement with the action that is at issue in the fair hearing.
5909.3The Hearing Examiner shall receive written and oral documentary evidence, but shall exclude irrelevant, immaterial, and unduly repetitious evidence.
5909.4The appellant and CFSA may:
(a)Call and examine witnesses;
(b)Introduce documentary evidence;
(c)Examine any documentary evidence introduced in the fair hearing by any party to the proceeding;
(d)Cross-examine opposing witnesses on any matter relevant to the issues under review even if that matter was not covered in the direct examination; and
(e)Submit rebuttal evidence.
5909.5Each fair hearing shall be recorded. The fair hearing need not be transcribed unless a copy of such record is timely requested by any party, who shall bear the costs, unless otherwise required by law.
5909.6The recording, exhibits, all papers, requests, and other documents filed in the proceedings, the decision, and the findings and conclusions constitute the exclusive record of the fair hearing. The record shall be available to the appellant for a period of two years or until any litigation relating to the decision has ended, whichever is later.
5909.7CFSA shall bear the burden of proof by a preponderance of the evidence at any fair hearing.