*NOTE: This section was created by temporary legislation that will expire on April 9, 2023.*
(a) A program participant or the program participant's representative may request a hearing to appeal a decision by the Department to:
(1) Terminate the program participant from the program after less than 5 years of participation; or
(2) Reduce or change the support services provided to the program participant based on the program participant's failure to comply with the program requirements or based on income, household composition, or other criteria established by the Department.
(b) If a program participant requests a hearing, the Department shall give the program participant reasonable notice of the time and location of the hearing.
(c) Hearings shall follow the procedures set forth in §§ 4-210.03, 4-210.05, 4-210.07, 4-210.08, 4-210.10, 4-210.11, 4-210.13, 4-210.14, 4-210.15, and 4-210.17).
(d) A request for a hearing shall be made by the following deadlines:
(1) If the notice was sent by postal mail, within 30 days after the postmark date of the notice;
(2) If the notice was sent by email, within 30 days after the date of the email; or
(3) If the notice was sent by both postal mail and email, by the earlier deadline set forth in paragraphs (1) and (2) of this subsection.
(e) A hearing shall be held after the administrative review if the administrative review does not lead to the withdrawal of the hearing request.
(f) A program participant that timely requests a hearing shall continue to receive the program services or supports provided prior to the adverse action pending a final decision.
(g)(1) If a program participant prevails in a hearing, the Mayor shall authorize corrected payments and services if applicable retroactively to the date the incorrect action was taken.
(2) Notwithstanding § 4-210.11(b), the findings of the hearing officer shall be considered the final decision of the Mayor's agent.
(Aug. 27, 2022, D.C. Law 24-161, § 6, 69 DCR 008381.)
For temporary (90 days) creation of this section, see § 6 of Career Mobility Action Plan Program Establishment Congressional Review Emergency Act of 2022 (D.C. Act 24-521, July 27, 2022, 69 DCR 009895).
For temporary (90 days) creation of this section, see § 6 of Career Mobility Action Plan Program Establishment Emergency Act of 2022 (D.C. Act 24-433, May 23, 2022, 0 DCR 0).
For temporary (225 days) creation of this section, see § 6 of Career Mobility Action Plan Program Establishment Temporary Act of 2022 (D.C. Law 24-161, Aug. 27, 2022, 69 DCR 008381).
Structure District of Columbia Code