§ 4-210.16. Class action permitted; correction or change in policy, construction, or interpretation.

Current through October 23, 2012

(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.

                
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(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.