This regulation establishes the due process hearing rights for consumers receiving a Home First Subsidy (supported housing subsidy) administered by the DC Department of Behavioral Health. It sets out procedures for requesting a hearing within 30 business days of notice of reduction, suspension, or termination; provides for an automatic stay of the Department's action pending the hearing; and specifies the hearing process, hearing officer recommendation timeline, and Director's final decision authority. Facility operators and program administrators must follow these procedural requirements when taking adverse actions against a consumer's housing subsidy.
View official source2218 RIGHT TO A HEARING IF RECEIVING A HOME FIRST SUBSIDY 2218.1 A consumer who is receiving a Home First Subsidy may request a hearing, meeting the requirements of the D.C. Administrative Procedure Act, from the Department within thirty (30) business days of receiving written notice of reduction, suspension or termination of a supported housing subsidy. 2218.2 A timely request for a hearing shall automatically stay the Department’s decision to reduce, terminate or suspend a Home First Subsidy pending the completion of a hearing. 2218.3 Each request for a hearing shall contain a concise statement of the reason why the supported housing subsidy should not be reduced, terminated or suspended. 2218.4 During the course of the hearing, the consumer shall have the right to: (a) Present any testimony, witnesses or other evidence, both orally and in writing; (b) Cross-examine any witness presented by the Department; and Be represented by counsel, a relative, or other authorized personal representative, at the consumer’s expense. 2218.5 The recommendation of the hearing officer shall be issued in writing within thirty (30) business days of the hearing and shall include findings of fact based exclusively on evidence presented at the hearing and conclusions of law. 2218.6 The Director shall review the recommendations of the hearing officer and render a final decision within fifteen (15) business days of receiving the hearing officer’s recommendations. The Director shall describe the actions required of the Department and actions required of the consumer in implementing the decision. 2218.7 The Director may overrule the hearing officer in instances where he or she does not agree with findings, conclusions or recommendations presented for decision. In such cases, the reasons for the Director’s decision shall be specified in writing. SOURCE: Final Rulemaking published at 60 DCR 6479 (May 3, 2013).