§ 4–754.42(Perm). Administrative review.

*NOTE: This codification is not the most current. To see the current law, click this link Current Version*

(a) The purpose of the administrative review shall be to enable the Department to ascertain the legal validity of the decision that is the subject of the fair hearing request, and, if possible, achieve an informal resolution of the appeal.

(b) Any administrative review conducted pursuant to subsection (a) of this section shall be completed within 15 days of the receipt of the administrative review request, except upon showing of good cause as to why such deadline cannot be met. If good cause is shown, a decision shall be rendered as soon as possible thereafter. If an extension of time for review is required for good cause, written notice of the extension shall be provided to the client or client representative prior to the commencement of the extension.

(b-1) An administrative review of a denial of an application for shelter following an interim eligibility placement, conducted pursuant to subsection (a) of this section, shall be completed and a decision rendered no later than 4 business days following receipt of the administrative review request, except upon a showing of good cause as to why such deadline cannot be met. If good cause is shown, a decision shall be rendered as soon as possible thereafter. If an extension of time for review is required for good cause, written notice of the extension shall be provided to the client or client representative prior to the commencement of the extension.

(c) An administrative review shall be completed before the Office of Administrative Hearings shall grant a fair hearing to any client or client representative; except, that the Office of Administrative Hearings may grant a hearing prior to the completion of the administrative review, if emergency relief is requested and on proper notice to all parties, to decide if a notice required by § 4-754.33(b) or (c) (other than a notice of an emergency action) has not been given or is invalid on its face.

(c-1) The administrative review of a denial of an application for shelter following an interim eligibility placement conducted in accordance with subsection (b-1) of this section shall not be waived; provided, that the Office of Administrative Hearings may grant a fair hearing prior to the completion of the administrative review, on proper notice to all parties, to decide if a notice required by § 4-754.33, other than a notice of an emergency action, has not been given or is invalid on its face.

(d) All administrative reviews shall be conducted in the following manner:

(1) In accordance with the administrative review procedures described in § 4-210.07; and

(2) In accordance with the following additional requirements:

(A) The client or client representative shall have the right to submit issues and comments in writing to the Department; and

(B) The client or the client representative shall have the right to review provider’s records regarding the client, or the records of other related service providers regarding the client, prior to the administrative review proceeding;

(D) The administrative review decision shall be issued in writing, in a manner readily understood by the client, and shall include:

(i) A clear and detailed statement of the factual basis supporting the administrative review decision;

(ii) A clear and detailed statement of the actions proposed to be implemented, including any sanctions, probationary periods, or any denial, transfer, suspension, or termination of services to be imposed;

(iii) A reference to the statute, regulation, Program Rule, or policy pursuant to which the administrative review decision is made;

(iv) Notice that the client’s request for a hearing shall be considered formally withdrawn upon submission of a signed statement confirming such withdrawal; and

(v) A statement that if the client is not satisfied with the administrative review decision, the fair hearing shall be held.

(e) Each administrative review decision shall be in writing and shall contain a detailed statement of the basis for the decision. It shall include a comprehensive evaluation of the issues and clearly delineate the legal basis, if the decision upholds denial of shelter placement.

(Oct. 22, 2005, D.C. Law 16-35, § 27, 52 DCR 8113; Apr. 8, 2011, D.C. Law 18-367, § 2(f), 58 DCR 987; Feb. 27, 2016, D.C. Law 21-75, § 2(g), 63 DCR 257; Feb. 28, 2018, D.C. Law 22-65, § 2(dd), 65 DCR 331.)

Section References

This section is referenced in § 4-754.11, § 4-754.32, § 4-754.33, § 4-754.38, § 4-754.39, § 4-754.41, and § 4-754.52.

Effect of Amendments

D.C. Law 18-367 rewrote subsec. (c), which had read as follows: “(c) An administrative review must be completed before the Office of Administrative Hearings shall grant a fair hearing to any client or client representative.”

The 2016 amendment by D.C. Law 21-75 added (b-1), (c-1), and (e).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(g) of the Interim Eligibility and Minimum Shelter Standards Emergency Amendment Act of 2015 (D.C. Act 21-217, Nov. 30, 2015, 62 DCR 15648).

For temporary (90 days) amendment of this section, see § 2(g) of the Interim Eligibility and Minimum Shelter Standards Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-326, Mar. 3, 2016, 63 DCR 3658).