Section 5-A2905. HEARINGS

2905.1A provider may file a written request for a hearing before the OAH no later than seventy-five (75) calendar days after the invoice processing date seeking payment and interest for an invoice that has either been disputed or has not been paid within the timeframes set forth in this chapter.  

 

2905.2In the event that a dispute notification is not issued timely, a provider may seek payment and appropriate relief, including such relief as provided in § 2906, from the OAH by filing a hearing request no later than one hundred twenty (120) calendar days after the invoice processing date as defined in § 2999.

 

2905.3All documents filed in the OAH proceeding as pleadings or exhibits shall protect student and family confidential information consistent with applicable federal and District of Columbia laws and regulations.

 

2905.4Prior to a hearing being scheduled, all parties shall attend mediation at OAH, unless an administrative law judge determines that mediation is unnecessary or futile, notwithstanding any rules to the contrary.

 

2905.5OAH shall make reasonable efforts to hold mediations and/or hearings within forty-five (45) calendar days of receiving the request for a hearing,  unless the law requires otherwise, or parties to a case stipulate otherwise.

 

2905.6OAH shall schedule requests for hearings for mediation to be conducted by an Administrative Law Judge in an effort to assist the parties in resolving such matters without a hearing.  OAH shall provide written notice to all parties, which states the time, place and issues to be mediated pursuant to D.C. Official Code § 2-509(a) (2011 Repl.).

 

2905.7In the event the parties are unable to reach a settlement of their disputes during mediation, OAH shall schedule a hearing.

 

2905.8The procedural rules of the OAH shall apply to all dispute hearings and proceedings. See 5 DCMR A §§ 2800, et seq.

 

2905.9 Consistent with District of Columbia laws and regulations, a final decision of OAH may be appealed to the District of Columbia Court of Appeals.

 

authority

Sections 3(b)(8) and (11) of the State Education Office Establishment Act of 2000, effective October 21, 2000 (D.C. Law 13-176; D.C. Official Code § 38-2602(b)(8) and (11)) (Supp. 2011); sections 101 et seq. of the Placement of Students with Disabilities in Nonpublic Schools Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-269; D.C. Official Code §§ 38-2561.01 et seq.) (2011 Supp.); and Mayor’s Order 2007-149 (June 28, 2007).

source

Final Rulemaking published at 59 DCR 7495, 7501 (June 22, 2012).