D.C. Off. Admin. R. Prac. & P. 2971

As amended through October 11, 2024

Rule 2971 - PUBLIC BENEFITS CASES - BEGINNING A CASE

2971.1 A person can request a hearing in writing, in person, or by telephone.

2971.2 Hearing request forms shall be available at OAH, at all service centers of the Department of Human Services, at the Department of Health Care Finance, at the District Department of the Environment, and at the Division of Early Childhood Education at the Office of the State Superintendent of Education, and at the Department on Disability Services, Rehabilitation Services Administration.

2971.3 A hearing request must describe the type of benefits and the action or inaction to which the person objects. The request also must contain the name, address, and telephone number of the person requesting a hearing; provided, however, a person who requests a hearing under the Homeless Services Reform Act may provide an e-mail address at which they can receive any papers in the case, including notices and orders, if they do not have a street address where they can receive mail.

2971.4 A person may bring, mail, or fax a written hearing request to:

(a) The Department of Human Services;

(b) The Department of Health Care Finance for a hearing concerning Medicaid, Healthcare Alliance, or other healthcare programs administered by the District of Columbia;

(c) The District Department of the Environment for a hearing concerning Low Income Home Energy Assistance Program benefits (LIHEAP);

(d) A shelter or other service provider for a hearing under the Homeless Services Reform Act;

(e) The Division of Early Childhood Education at the Office of the State Superintendent of Education for a hearing concerning child care benefits; or

(f) The Department on Disability Services, Rehabilitation Services Administration for a hearing concerning vocational rehabilitation services; or

(g) OAH.

2971.5 To request a hearing in person, a person may come to:

(a) A Department of Human Services service center;

(b) The Department of Health Care Finance, or the Office of the Health Care Ombudsman and Bill of Rights, for a hearing concerning Medicaid, Healthcare Alliance, or other healthcare programs administered by the District of Columbia, or the Aging and Disability Resource Center for a hearing concerning the Elderly and Persons with Physical Disabilities (EPD) waiver program;

(c) The District Department of the Environment, for a hearing concerning Low Income Home Energy Assistance Program benefits (LIHEAP);

(d) The Division of Early Childhood Education at the Office of the State Superintendent of Education, for a hearing concerning child care benefits;

(e) The Department on Disability Services, Rehabilitation Services Administration for a hearing concerning vocational rehabilitation services; or

(f) OAH.

2971.6 To request a hearing by telephone, a person may call:

(a) The Department of Human Services;

(b) The Department of Health Care Finance, for a hearing concerning Medicaid, Healthcare Alliance, or other healthcare programs administered by the District of Columbia;

(c) The Division of Early Childhood Education at the Office of the State Superintendent of Education; or

(d) The Department on Disability Services, Rehabilitation Services Administration for a hearing concerning vocational rehabilitation services; or

(e) OAH.

2971.7 If the Government receives a written hearing request, it must file the request with OAH within three (3) calendar days of receiving it.

2971.8 If the Government receives an oral or telephone hearing request, it must prepare and file a hearing request form with OAH within three (3) calendar days of receiving the request.

2971.9 If OAH receives a written hearing request from an individual, it will send the request to any agency or service provider whose decision is being challenged.

2971.10 If OAH receives an oral or telephone hearing request from an individual, it will complete a written summary of the request and send it to any agency or service provider whose decision is being challenged.

2971.11 The Department of Human Services can request a hearing concerning a claim that a SNAP (formerly Food Stamps) recipient should be disqualified from receiving benefits due to an intentional program violation by filing a hearing request form approved by the Chief Administrative Law Judge.

D.C. Off. Admin. R. Prac. & P. 2971

Final Rulemaking published at 53 DCR 2009 (March 17, 2006); as amended by Final Rulemaking published at 57 DCR 12541, 12584 (December 31, 2010); as amended by Final Rulemaking published at 63 DCR 6556 (April 29, 2016).