District of Columbia Code
Part D - Provider Requirements
§ 4–754.33. Notice

*NOTE: This section includes amendments by temporary legislation that will expire on December 29, 2022. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*
(a)(1) All providers shall give prompt and effective notice of their Program Rules by:
(A) Posting a copy of their Program Rules on the provider’s premises in a location easily accessible to clients and visitors; and
(B) Giving every new client a written copy of the provider’s Program Rules, and reading and explaining the rules to the client.
(2) The client and the provider staff member delivering the Program Rules pursuant to paragraph (1)(B) of this subsection shall both sign a statement acknowledging the client’s receipt of the Program Rules and indicating the client’s awareness, understanding, and acceptance of the Program Rules.
(b) All providers shall give to any client to whom they have denied services oral and written notice of the right to appeal the denial, including information about how to request a fair hearing pursuant to § 4-754.41 and administrative review pursuant to § 4-754.42.
(b-1) All providers shall give to any client in an interim eligibility placement prompt oral and written notice that the Mayor has denied eligibility for shelter placement and that the interim eligibility placement will end 48 hours or at the close of the next business day, whichever occurs later, following the client’s receipt of the written notice.
(c) All providers shall give written and oral notice to clients of their transfer to another provider or of their suspension, termination, or discontinuation from services at least 15 days before the effective date of the transfer or the suspension, termination, or discontinuation of services except:
(1) When the sanction results from the client’s imminent threat to the health or safety of someone on the premises of the provider in accordance with § 4-754.38; or
(2) When the sanction is a suspension of supportive services for a period shorter than 10 days.
(c-1)(1) Notwithstanding subsection (c) of this section, when a client has been absent from the temporary shelter or transitional housing provider's premises for more than 4 consecutive days, and the client has not complied with program rules regarding absences, the provider is exempt from the requirement to give oral notice.
(2) In such instances, written notice shall be mailed via certified mail, return receipt requested, or sent via electronic mail to the client, if the client has provided such contact information to the provider, with a copy provided to the Department for verification of the issuance of notice.
(3) A copy of the notice shall also be left in the client's unit or at the facility's sign-in location.
(c-2) Any written notice issued pursuant to subsection (b) or (c) of this section must be mailed or personally served on the client; except, that during a public emergency declared pursuant to § 7-2304, the Mayor may serve written notice via electronic transmission.
(d) Any notice issued pursuant to subsection (b), (c), or (c-1) of this section shall include:
(1) A clear statement of the sanction or denial;
(2) A clear and detailed statement of the factual basis for the sanction or denial, including the date or dates on which the basis or bases for the sanction or denial occurred;
(3) A reference to the statute, regulation, policy, or Program Rule pursuant to which the sanction or denial is being implemented;
(4) A clear and complete statement of the client’s right to appeal the sanction or denial through fair hearing proceedings pursuant to § 4-754.41 and administrative review proceedings pursuant to § 4-754.42, or the client’s right to reconsideration pursuant to rules established by the Mayor in accordance with § 4-756.02, including the appropriate deadlines for instituting the appeal or reconsideration; and
(5) A statement of the client’s right, if any, to continuation of benefits pending the outcome of any appeal, pursuant to § 4-754.11(18).
(d-1) Any written notice issued pursuant to subsection (b-1) of this section must be served upon the client and shall include:
(1) A clear statement of the denial;
(2) A clear and detailed statement of the factual basis for the denial, including the date or dates on which the basis or bases for the denial occurred;
(3) A reference to the statute, regulation, policy, or Program Rule pursuant to which the denial is being implemented;
(4) A clear and complete statement of the client’s right to appeal the denial through fair hearing proceedings pursuant to § 4-754.41 and administrative review proceedings pursuant to § 4-754.42, including the appropriate deadlines for instituting the appeal; and
(5) A statement of the client’s right, if any, to continuation of an interim eligibility placement pending the outcome of any appeal, pursuant to § 4-754.11(20).
(d-2) Notwithstanding subsection (c) of this section, providers of medical respite services shall give a client that no longer requires medical respite services oral and written notice that the placement will end at least 24 hours before terminating the placement.
(e) Providers shall establish procedures to provide effective notice of rights, rules, sanctions, and denials to clients with special needs, including those who may be mentally impaired or mentally ill, or who may have difficulty reading or have limited English proficiency.
(Oct. 22, 2005, D.C. Law 16-35, § 19, 52 DCR 8113; Dec. 24, 2013, D.C. Law 20-61, § 5182(f), 60 DCR 12472; Feb. 27, 2016, D.C. Law 21-75, § 2(e), 63 DCR 257; Feb. 28, 2018, D.C. Law 22-65, § 2(v), 65 DCR 331; May 18, 2022, D.C. Law 24-120, § 2(d), 69 DCR 002665.)
This section is referenced in § 4-754.11, § 4-754.21, § 4-754.34, § 4-754.35, § 4-754.36a, § 4-754.38, and § 4-754.42.
The 2013 amendment by D.C. Law 20-61 rewrote (c) and (d)(4).
The 2016 amendment by D.C. Law 21-75 added (b-1) and (d-1).
For temporary (90 days) amendment of this section, see § 2(d) of Department of Human Services Emergency Powers Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-377, Apr. 25, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 2(d) of Department of Human Services Emergency Powers Emergency Amendment Act of 2022 (D.C. Act 24-328, Feb. 4, 2022, 0 DCR 0).
For temporary (90 days) amendment of this section, see § 502(d) of Coronavirus Support Congressional Review Emergency Amendment Act of 2021 (D.C. Act 24-96, June 7, 2021, 68 DCR 006025).
For temporary (90 days) amendment of this section, see § 502(d) of Coronavirus Support Emergency Amendment Act of 2021 (D.C. Act 24-30, Mar. 17, 2021, 68 DCR 003101).
For temporary (90 days) amendment of this section, see § 502(d) of Coronavirus Support Second Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-405, Aug. 19, 2020, 67 DCR 10235).
For temporary (90 days) amendment of this section, see § 502(d) of Coronavirus Support Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-328, June 8, 2020, 67 DCR 7598).
For temporary (90 days) amendment of this section, see § 502(d) of Coronavirus Support Emergency Amendment Act of 2020 (D.C. Act 23-326, May 27, 2020, 67 DCR 7045).
For temporary (90 days) amendment of this section, see § 311(d) of COVID-19 Response Emergency Amendment Act of 2020 (D.C. Act 23-247, Mar. 17, 2020, 67 DCR 3093).
For temporary (90 days) amendment of this section, see § 2(b) of Medical Respite Services Exemption Emergency Amendment Act of 2017 (D.C. Act 22-195, Nov. 29, 2017, 64 DCR 12407).
For temporary (90 days) amendment of this section, see § 2(b) of Medical Respite Services Exemption Emergency Amendment Act of 2016 (D.C. Act 21-629, Jan. 24, 2017, 64 DCR 905).
For temporary (90 days) amendment of this section, see § 5182(f) of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).
For temporary (90 days) amendment of this section, see § 5182(f) of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).
For temporary (90 days) amendment of this section, see § 2(e) 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(e) 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).
For temporary (225 days) amendment of this section, see § 2(d) of Department of Human Services Emergency Powers Temporary Amendment Act of 2022 (D.C. Law 24-120, May 18, 2022, 69 DCR 002665).
For temporary (225 days) amendment of this section, see § 502(d) of Coronavirus Support Temporary Amendment Act of 2021 (D.C. Law 24-9, June 24, 2021, 68 DCR 004824).
For temporary (225 days) amendment of this section, see § 502(d) of Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130, Oct. 9, 2020, 67 DCR 8622).
For temporary (225 days) amendment of this section, see § 2(b) of Medical Respite Services Exemption Temporary Amendment Act of 2017 (D.C. Law 22-51, Jan. 27, 2018, 64 DCR 12549).
For temporary (225 days) amendment of this section, see § 2(b) of Medical Respite Services Exemption Temporary Amendment Act of 2017 (D.C. Law 21-245, Apr. 7, 2017, 64 DCR 1618).
Section 5181 of D.C. Law 20-61 provided that Subtitle Q of Title V of the act may be cited as the “Homeless Services Reform Emergency Amendment Act of 2013”.
Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.