An applicant for, or recipient of, public assistance aggrieved by the action or inaction of the Mayor shall be entitled to a hearing. Each applicant or recipient shall be notified of his or her rights to a hearing. Upon request for such hearing, reasonable notice of the time and place thereof shall be given to such applicant or recipient. Such hearing shall be conducted in accordance with the provisions of this subchapter. The findings of the Mayor on any appeal shall be final.
(Apr. 6, 1982, D.C. Law 4-101, § 1001, 29 DCR 1060.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.1.
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
(a) The Mayor, upon receipt of an application made pursuant to § 4-210.05, shall grant a fair hearing to any applicant for or a recipient of public assistance whose claim for assistance has been denied or has not been acted upon within a reasonable time not to exceed 45 days; or who is aggrieved by any other action or inaction of the Mayor which affects the receipt, termination, amount, kind, or conditions of his assistance.
(b) The following are the major objectives of the hearing process in public assistance:
(1) To enable the Mayor and the claimant to ascertain jointly the factual basis on which, through proper application of the assistance law and agency policies, a just and equitable decision may be reached;
(2) To safeguard applicants and recipients from mistaken, negligent, unreasonable, or arbitrary action by agency staff; and
(3) To reveal aspects of agency policy that are inequitable or constitute a misconstruction of law. It is intended to submit policy to test and argument, and to place in the hands of policy-making officials evidence indicating the need for modification of policies and standards, and the nature of the needed modification.
(c) A hearing need not be granted when either District or federal law requires automatic grant adjustments for classes of recipients of TANF, POWER, or GAC unless the reason for an individual appeal is incorrect computation of the grant.
(Apr. 6, 1982, D.C. Law 4-101, § 1002, 29 DCR 1060; Aug. 17, 1991, D.C. Law 9-27, § 2(j), 38 DCR 4205; Mar. 20, 1998, D.C. Law 12-60, § 701(t), 44 DCR 7378; Apr. 20, 1999, D.C. Law 12-241, § 2(hhh), 46 DCR 905.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.2.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 101(j) of Omnibus Budget Support Temporary Act of 1991 (D.C. Law 9-19, June 21, 1991, law notification 38 DCR 5786).
For temporary (225 day) amendment of section, see § 2(r) of Public Assistance Temporary Amendment Act of 1997 (D.C. Law 12-7, August 1, 1997, law notification 44 DCR 4639).
For temporary (225 day) amendment of section, see § 2(t) of General Public Assistance Program Termination Temporary Amendment Act of 1997 (D.C. Law 12- 21, September 23, 1997, law notification 44 DCR 5760).
For temporary (225 day) amendment of section, see § 701(t) of Fiscal Year 1998 Revised Budget Support Temporary Act of 1997 (D.C. Law 12-59, March 20, 1998, law notification 45 DCR 2094).
For temporary (225 day) amendment of section, see § 2(r) of Public Assistance Temporary Amendment Act of 1998 (D.C. Law 12-130, July 24, 1998, law notification 45 DCR 6501).
For temporary (225 day) amendment of section, see § 2(hhh) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Emergency Act Amendments
For temporary amendment of section, see § 101(j) of the Omnibus Budget Support Emergency Act of 1991 (D.C. Act 9-37, May 17, 1991, 38 DCR 3390).
For temporary amendment of section, see § 101(j) of the Omnibus Budget Support Congressional Recess Emergency Act of 1991 (D.C. Act 9-69, July 24, 1991, 38 DCR 4945).
For temporary amendment of section, see § 2(r) of the Public Assistance Emergency Amendment Act of 1997 (D.C. Act 12-25, February 27, 1997, 44 DCR 1778), and § 2(r) of the Public Assistance Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-77, May 27, 1997, 44 DCR 3181).
For temporary amendment of section, see § 2(t) of the General Public Assistance Program Termination Emergency Amendment Act of 1997 (D.C. Act 12-72, May 12, 1997, 44 DCR 2989).
For temporary amendment of section, see § 701(t) of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and see § 701(t) of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).
For temporary amendment of section, see § 2(r) of the Public Assistance Emergency Amendment Act of 1998 (D.C. Act 12-306, March 20, 1998, 45 DCR 1900).
For temporary amendment of section, see § 2(hhh) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(hhh) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(hhh) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 2(hhh) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
For legislative history of D.C. Law 9-27, see Historical and Statutory Notes following § 4-205.05a.
For legislative history of D.C. Law 12-60, see Historical and Statutory Notes following § 4-201.01.
For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.
Miscellaneous Notes
Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.
(a) All hearings relating to individual appeals shall be conducted by properly designated hearing officers. Hearing officers are directly responsible to the Mayor in carrying out their duties.
(b) The Mayor shall designate other Department personnel to serve as hearing officers when regular hearing officers are absent or when the number of requests for hearings are too numerous to be expedited by the regular hearing officers. Hearing officers shall be selected from personnel who are not connected with public assistance activity or otherwise involved with the implementation of the public assistance program and shall be directly responsible to the Mayor in carrying out the duties of the hearing officer.
(Apr. 6, 1982, D.C. Law 4-101, § 1003, 29 DCR 1060.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.3.
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
(a) Written information regarding the right to request a hearing and the method of making such request shall be furnished by the Mayor to each public assistance applicant or recipient at the time of application and whenever the Mayor notifies the applicant or recipient that it intends to take action which may or will adversely affect him or her or his or her benefits, including changes in or terminations of assistance payments. Such written notice shall include information that the claimant has the right to be represented by legal counsel or by a lay person who is not an employee of the District; that he may bring witnesses in his or her behalf; that reasonable expenses related to the hearing, such as transportation costs for the claimant and his or her witnesses, will be paid by the Mayor, and that legal services are available to the claimants.
(b) A copy of the rules relating to hearing procedures will be furnished to all claimants at the time a hearing is requested pursuant to § 4-210.05.
(Apr. 6, 1982, D.C. Law 4-101, § 1004, 29 DCR 1060; Apr. 20, 1999, D.C. Law 12-241, § 2(iii), 46 DCR 905.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.4.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(iii) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Emergency Act Amendments
For temporary amendment of section, see § 2(iii) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(iii) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(iii) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 2(iii) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.
Any applicant or recipient, or his or her representative may request a hearing by giving a clear expression, oral or written, that he or she wants an opportunity to present his or her case to a higher authority. A request for a hearing shall be accepted by any administrative staff member employed by the Mayor to whom the request is submitted. The Mayor shall acknowledge promptly any request for a hearing, and a representative of the Mayor shall assist the claimant in submitting and processing his request for hearing. The Mayor shall treat a request made by a representative of the claimant as if made by the claimant; provided, that the claimant shall submit written authorization within 10 days of such request designating that person as his or her representative.
(Apr. 6, 1981, D.C. Law 4-101, § 1005, 29 DCR 1060.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.5.
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
When the hearing involves medical issues, the medical assessment of the claimant's condition must be made by a medical authority other than the persons who made the original medical determination if the hearing officer or the claimant considers an additional examination necessary. The additional medical assessment shall be limited to one assessment which shall be obtained at agency expense, and, when requested by the claimant, shall be obtained from a medical source satisfactory to the claimant.
(Apr. 6, 1982, D.C. Law 4-101, § 1006, 29 DCR 1060; Aug. 17, 1991, D.C. Law 9-27, § 2(k), 38 DCR 4205.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.6.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 101(k) of Omnibus Budget Support Temporary Act of 1991 (D.C. Law 9-19, June 21, 1991, law notification 38 DCR 5786).
Emergency Act Amendments
For temporary amendment of section, see § 101(k) of the Omnibus Budget Support Emergency Act of 1991 (D.C. Act 9-37, May 17, 1991, 38 DCR 3390).
For temporary amendment of section, see § 101(k) of the Omnibus Budget Support Congressional Recess Emergency Act of 1991 (D.C. Act 9-69, July 24, 1991, 38 DCR 4945).
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
For legislative history of D.C. Law 9-27, see Historical and Statutory Notes following § 4-205.05a.
The Mayor shall establish procedures for administrative review of every request for a hearing. The purpose of such review shall be ascertainment of the validity of the Mayor's position, and, if possible, achievement of an informal solution of the claim. Such procedures shall include:
(1) Notice to the claimant at the time of adverse agency action, including the decision to take future action, of his or her right to a fair hearing and to administrative review of that action, and notice that he or she may be represented at the hearing or the administrative review either by an attorney or lay person; provided, that such representative shall serve only in an advisory capacity to the claimant at the administrative review;
(2) Notice to the claimant of the time and place of such review;
(3) Notice to the claimant of the purpose of such review;
(4) Notice to the claimant that such review will not be made unless he appears, but that his failure to appear will not affect his or her right to the hearing he or she has previously requested;
(5) Notice to the claimant of the result of such review;
(6) Advice to the claimant that, if the result of such review is not satisfactory to him, the hearing which he previously requested will be held; and
(7) Advice to the claimant that, if he or she is satisfied with the result of such review, his or her request for a hearing will be considered formally withdrawn, and that he or she may be required to sign a statement confirming such withdrawal.
(Apr. 6, 1982, D.C. Law 4-101, § 1007, 29 DCR 1060.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.7.
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
The hearing shall be held at a time, date, and place designated by the Mayor's agent. Adequate notice shall be given the claimant and his or her representative, including such information concerning hearing procedures as may be necessary for his or her effective preparation therefor. If the claimant shall notify the Mayor's agent that either the time or place designated by the Mayor's agent is not convenient to him or her and requests a new time or place for such hearing, the hearing officer shall designate another time or place which is convenient to the claimant if he or she deems the claimant has sufficient reason for so requesting a change.
(Apr. 6, 1982, D.C. Law 4-101, § 1008, 29 DCR 1060.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.8.
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
(a) A request for a hearing to review adverse action by the Mayor concerning any new application for public assistance or any application or request for a change in the amount, kind, or conditions of public assistance must be made within 90 days following the postmark of the notification to the applicant or recipient, pursuant to § 4-210.04, of such adverse action by the Mayor and of his or her right to a hearing with respect to that action.
(b) A request for a hearing to review a decision by the Mayor to terminate, reduce, or change the amount, kind, or conditions of public assistance benefits, or to take other action adverse to the recipient must be made within 90 days following the postmark of notice from the Mayor of his or her intention to make such change or take such action.
(c) A request for a hearing must be granted by the Mayor. A time and place shall be designated for such hearing and the applicant shall be notified of such time and place within 5 days of this request for a hearing. Hearing shall be held within a reasonably short time following the request, such time not to exceed 45 days following the initial request for a hearing.
(Apr. 6, 1982, D.C. Law 4-101, § 1009, 29 DCR 1060; Sept. 10, 1985, D.C. Law 6-35, § 2(o), 32 DCR 3778.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.9.
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
For legislative history of D.C. Law 6-35, see Historical and Statutory Notes following § 4-202.05.
The hearing officer shall conduct the hearing in such a manner as to insure that both the claimant and the Mayor's agent have the opportunity to present all facts which in their judgment have a bearing on the hearing, and have adequate opportunity to examine material that will be introduced as evidence. He or she shall cause the pertinent proceedings to be recorded. He or she shall allow the individual, or his or her counsel, to examine and cross-examine and to present oral argument and documentary evidence. He or she shall permit the Mayor to introduce such evidence from the case record or other data secured by special investigation as pertains to the case, providing that such data is also made available to the claimant or his or her representative. If data from a special investigation is used, the claimant or his or her representative shall have the opportunity to examine the Mayor's agent's investigator who performed such investigation and to inspect and use for the purpose of cross-examination any data, document, or record secured by the Mayor's agents having any bearing on the matter involved or in the decision giving rise to the hearing. If data from the case record is used, the claimant, or his or her representative, shall be allowed to inspect the case record for the purpose of discovering information favorable to the claimant's case. The Mayor's agents shall not be represented by an attorney at any hearing or administrative review in which the claimant is not represented by an attorney.
(Apr. 6, 1982, D.C. Law 4-101, § 1010, 29 DCR 1060; Feb. 27, 1998, D.C. Law 12-55, § 2(a), 44 DCR 6068.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.10.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(a) of Public Assistance Fair Hearing Procedures Temporary Amendment Act of 1996 (D.C. Law 11-205, April 9, 1997, law notification 44 DCR 2400).
Emergency Act Amendments
For temporary amendment of section, see § 2(a) of the Public Assistance Fair Hearing Procedures Emergency Amendment Act of 1996 (D.C. Act 11-313, August 2, 1996, 43 DCR 4363), § 2(a) of the Public Assistance Fair Hearing Procedures Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-424, October 28, 1996, 43 DCR 6139), § 2(a) of the Public Assistance Fair Hearing Procedures Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-481, December 30, 1996, 44 DCR 215), § 2(a) of the Public Assistance Fair Hearing Procedures Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12- 24, March 3, 1997, 44 DCR 1776), and § 2(a) of the Public Assistance Fair Hearing Procedures Second Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-193, November 28, 1997, 44 DCR 7480).
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
Law 12-55, the "Public Assistance Fair Hearing Procedures Amendment Act of 1997," was introduced in Council and assigned Bill No. 12-257, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on July 1, 1997, and September 22, 1997, respectively. Signed by the Mayor on October 3, 1997, it was assigned Act No. 12-172 and transmitted to both Houses of Congress for its review. D.C. Law 12-55 became effective on February 27, 1998.
(a) The hearing officer shall prepare a written summary of findings and conclusions based exclusively on the evidence presented at the hearing and shall make appropriate recommendations based upon his or her findings and conclusions. The summary of findings and conclusions shall state the policies, regulations, or laws upon which the hearing officer's recommendations are based. Recorded testimony and exhibits, together with all papers and requests filed in the proceeding, and the hearing officer's findings, conclusions, and recommendations will constitute the exclusive record for decision by the hearing authority, and will be available to the claimant at a place accessible to him or his representative at any reasonable time for a period not to exceed 2 years or until all litigation involving the decision is terminated. Nonrecorded or confidential information which the claimant does not have the opportunity to hear or see shall not be made a part of the hearing record nor used in a decision on the appeal. Hearings shall be transcribed if requested by the claimant, if ordered by the hearing officer, or for purposes of judicial review. All costs of transcription shall be borne by the Mayor.
(b) The hearing officer shall submit his or her written findings, conclusions, and recommendations, which shall at the same time be directly transmitted to the claimant, or his or her representative, with an explanation that such written findings, conclusions, and recommendations have been submitted to the Mayor's agent and do not constitute the final decision of the Mayor's agent.
(c) If the hearing officer recommends that the action of the Mayor's agent be sustained, the claimant shall be notified that he or she has 10 days after he or she receives the findings, conclusions, and recommendations in which to submit to the hearing officer any newly-discovered evidence he or she has in support of his or her position, and any objections, corrections, or exceptions he has to the findings and recommendations, and any brief that he or she or his or her counsel or representative may desire to submit. Newly-discovered evidence and objections, corrections, or exceptions submitted by the claimant within the 10-day period shall be reviewed and considered by the hearing officer who shall submit a supplemental recommendation to the Mayor's agent to sustain or not to sustain the action of the Mayor. The hearing officer may, in his or her discretion, reconvene the hearing for the purpose of taking further evidence. When the hearing officer recommends that the action of the Mayor not be sustained, the hearing record when completed shall be forwarded immediately for the decision of the Mayor's agent.
(Apr. 6, 1982, D.C. Law 4-101, § 1011, 29 DCR 1060; Feb. 27, 1998, D.C. Law 12-55, § 2(b), 44 DCR 6068.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.11.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(a) of Public Assistance Fair Hearing Procedures Temporary Amendment Act of 1996 (D.C. Law 11-205, April 9, 1997, law notification 44 DCR 2400).
Emergency Act Amendments
For temporary amendment of section, see § 2(b) of the Public Assistance Fair Hearing Procedures Emergency Amendment Act of 1996 (D.C. Act 11-313, August 2, 1996, 43 DCR 4363), § 2(b) of the Public Assistance Fair Hearing Procedures Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-424, October 28, 1996, 43 DCR 6139), § 2(b) of the Public Assistance Fair Hearing Procedures Second Congressional Review Emergency Amendment Act of 1996 (D.C. Act 11-481, December 30, 1996, 44 DCR 215), § 2(b) of the Public Assistance Fair Hearing Procedures Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12- 24, March 3, 1997, 44 DCR 1776), and § 2(b) of the Public Assistance Fair Hearing Procedures Second Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-193, November 28, 1997, 44 DCR 7480).
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
For legislative history of D.C. Law 12-55, see Historical and Statutory Notes following § 4-210.10.
(a) The Mayor's agent shall render a final decision on the claimant's appeal no later than 60 days after the date of his or her initial request for a hearing. If, however, the date of the hearing is postponed at the claimant's request, or if the claimant submits new evidence following the close of his or her hearing, causing it to be reopened, the length of the postponement or the delay caused by the reopening may be added to the 60-day period.
(b) The Mayor's agent shall overrule the hearing officer in instances where he or she does not agree with findings, conclusions, or recommendations presented for decision. In such case, the reasons for the Mayor's agent's decision shall be specified in writing and shall be made a part of the hearing record.
(c) All decisions of the Mayor's agent shall be final and binding upon the Mayor and shall be put into effect immediately unless otherwise specifically indicated in the action. When the hearing decision is favorable to the claimant, or when the Mayor's agent decides in favor of the claimant prior to the hearing, the Mayor's agent shall authorize corrected payments retroactively to the date the incorrect action was taken.
(Apr. 6, 1982, D.C. Law 4-101, § 1012, 29 DCR 1060.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.12.
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
The Mayor's agent shall transmit his or her written decision and any further written statement required by § 4-210.12 to the claimant. If the decision is adverse to the claimant, the Mayor's agent shall notify him or her of his or her right to judicial review.
(Apr. 6, 1982, D.C. Law 4-101, § 1013, 29 DCR 1060.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.13.
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
A recipient shall have the same right to a hearing while absent from the District that he or she had while living in the District.
(Apr. 6, 1982, D.C. Law 4-101, § 1014, 29 DCR 1060.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.14.
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
The Mayor will maintain a file of all hearing decisions, with identifying information deleted, that will be accessible to claimants, their representatives, and other persons upon request to the Mayor.
(Apr. 6, 1982, D.C. Law 4-101, § 1015, 29 DCR 1060.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.15.
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
§ 4-210.16. Class action permitted; correction or change in policy, construction, or interpretation.
(a) Where a request for hearing has been made on an action taken by the Mayor, and the hearing officer finds that the issue or policy involved directly affects or will affect other recipients or claimants similarly situated, the hearing officer may, upon application by 1 of the recipients who is or will be so affected, allow a class action on behalf of the others similarly situated. The hearing officer, with the consent of the claimants, may consolidate hearings which present similar issues on his or her own motion or at the request of the claimants.
(b) Whenever a claimant challenges a departmental policy or the administrative construction or interpretation of relevant statutes, regulations, orders, or departmental directives, and his or her claim for relief is granted by the hearing officer and the Mayor's agent because of a misapplication of law contained in the policy, construction or interpretation, the Mayor will correct the challenged policy, construction or interpretation.
(c) Whenever the Mayor changes a policy, construction or interpretation, he or she shall immediately make a reasonable effort to find and notify all recipients affected thereby, and shall make appropriate adjustments in the welfare benefits or decisions of the Mayor which were based upon the erroneous policy or practice.
(Apr. 6, 1982, D.C. Law 4-101, § 1016, 29 DCR 1060; Apr. 20, 1999, D.C. Law 12-241, § 2(jjj), 46 DCR 905.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.16.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(jjj) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Emergency Act Amendments
For temporary amendment of section, see § 2(jjj) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(jjj) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(jjj) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 2(jjj) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.
If the claimant waives in writing his or her privilege of confidentiality as to the hearing, he or she shall be permitted by the Mayor to invite to the hearing any reasonable number of members of the public as he deems appropriate; provided, that the hearing officer may, in his discretion, considering the space and seating capacity of the room in which the hearing is to be held, impose limitations on the number of persons allowed to attend the same.
(Apr. 6, 1982, D.C. Law 4-101, § 1017, 29 DCR 1060.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.17.
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
When the reduction or termination is the result of information contained in a periodic report the recipient has filed, or of the recipient's failure to file a report, or file a complete report, under § 4-205.54, then the Mayor is required to follow the notice provisions of that section.
(Apr. 6, 1982, D.C. Law 4-101, § 1018, 29 DCR 1060; Apr. 20, 1999, D.C. Law 12-241, § 2(kkk), 46 DCR 905.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.18.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(kkk) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Emergency Act Amendments
For temporary amendment of section, see § 2(kkk) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(kkk) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(kkk) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 2(kkk) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.
(a) Repealed.
(b) Assistance under the TANF, POWER, or GAC programs received pending a hearing decision shall be considered as an overpayment if the proposed action to change or terminate benefits is sustained.
(Apr. 6, 1982, D.C. Law 4-101, § 1019, 29 DCR 1060; Mar. 20, 1998, D.C. Law 12-60, § 701(u), 44 DCR 7378; Apr. 20, 1999, D.C. Law 12-241, § 2(lll), 46 DCR 905.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 3-210.19.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(x) of Public Assistance Temporary Amendment Act of 1997 (D.C. Law 12-7, August 1, 1997, law notification 44 DCR 4639).
For temporary (225 day) amendment of section, see § 2(u) of General Public Assistance Program Termination Temporary Amendment Act of 1997 (D.C. Law 12- 21, September 23, 1997, law notification 44 DCR 5760).
For temporary (225 day) amendment of section, see § 701(u) of Fiscal Year 1998 Revised Budget Support Temporary Act of 1997 (D.C. Law 12-59, March 20, 1998, law notification 45 DCR 2094).
For temporary (225 day) amendment of section, see § 2(x) of Public Assistance Temporary Amendment Act of 1998 (D.C. Law 12-130, July 24, 1998, law notification 45 DCR 6501).
For temporary (225 day) amendment of section, see § 2(lll) of Self-Sufficiency Promotion Temporary Amendment Act of 1998 (D.C. Law 12-230, April 20, 1999, law notification 46 DCR 4143).
Emergency Act Amendments
For temporary amendment of section, see § 2(x) of the Public Assistance Emergency Amendment Act of 1997 (D.C. Act 12-25, February 27, 1997, 44 DCR 1778), and § 2(x) of the Public Assistance Legislative Review Emergency Amendment Act of 1997 (D.C. Act 12-77, May 27, 1997, 44 DCR 3181).
For temporary amendment of section, see § 2(u) of the General Public Assistance Program Termination Emergency Amendment Act of 1997 (D.C. Act 12-72, May 12, 1997, 44 DCR 2989).
For temporary amendment of section, see § 701(u) of the Fiscal Year 1998 Revised Budget Support Emergency Act of 1997 (D.C. Act 12-152, October 17, 1997, 44 DCR 6196), and see § 701(u) of the Fiscal Year 1998 Revised Budget Support Congressional Review Emergency Act of 1997 (D.C. Act 12-239, January 13, 1998, 45 DCR 508).
For temporary amendment of section, see § 2(x) of the Public Assistance Emergency Amendment Act of 1998 (D.C. Act 12-306, March 20, 1998, 45 DCR 1900).
For temporary amendment of section, see § 2(lll) of the Self-Sufficiency Promotion Emergency Amendment Act of 1998 (D.C. Act 12-372, June 9, 1998, 45 DCR 4270), § 2(lll) of the Self-Sufficiency Promotion Legislative Review Emergency Amendment Act of 1998 (D.C. Act 12-425, July 31, 1998, 45 DCR 5682), § 2(lll) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-552, December 24, 1998, 46 DCR 521), and § 2(lll) of the Self-Sufficiency Promotion Congressional Review Emergency Amendment Act of 1999 (D.C. Act 13-19, February 17, 1999, 46 DCR 2492).
Legislative History of Laws
For legislative history of D.C. Law 4-101, see Historical and Statutory Notes following § 4-201.01.
For legislative history of D.C. Law 12-60, see Historical and Statutory Notes following § 4-201.01.
For legislative history of D.C. Law 12-241, see Historical and Statutory Notes following § 4-201.01.
Miscellaneous Notes
Application of Law 12-60: Section 2002 of D.C. Law 12-60 provided that the act shall apply as of October 1, 1997.
