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Current through October 23, 2012
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.
