8903 NOTICE OF HEARING AND RIGHTS TO DOCUMENTS

8903.1 Requests for an informal hearing are subject to the following requirements:

1. (a) Requests for an informal hearing or extension of time must be reduced to writing. DCHA shall assist applicants or recipients to reduce any request for an informal hearing to writing to comply with section 8903.1, which writing must then be signed by the applicant/recipient.
2. (b) Applicants and recipients must either mail or deliver to DCHA their request for an informal hearing or request an extension of time under 8903.1(d).
3. (c) If the request for an informal hearing is mailed to DCHA, the request must be postmarked within thirty (30) days of the postmark date of DCHA's notification under section 8902. Alternatively, if the request for an informal hearing is delivered to DCHA, the request must be received by DCHA within thirty (30) days of the postmark date of DCHA's notification under § 8902.
4. (d) An applicant or recipient may request, in writing, an extension of the thirty day (30) period, prior to the expiration of the 30 day period, as a reasonable accommodation or for other good cause as defined in 8906.1, below.
5. (e) No action will be taken on the determination under 8902.1 and benefits shall continue during the 30 day notification period and, if a hearing has been requested, until such time as a final determination is made in accordance with procedure provided herein.

8903.2 When DCHA receives a timely written request for an informal hearing, the following provisions apply:

1. (a) DCHA must mail a letter notifying the family or applicant of the date and time of the informal hearing within fifteen (15) days of the postmark date of the informal hearing request, if such request is mailed to DCHA, or within fifteen (15) days of the receipt date of the informal hearing request, if such request is delivered to DCHA.
2. (b) DCHA's informal hearing notice will be mailed to any representative of the applicant who is identified by name and address on the request for an informal hearing.
3. (c) The date of the informal hearing shall be no sooner than fifteen (15) days and no later than thirty (30) days after the postmark date of DCHA's letter notifying the family or applicant of the date and time of the informal hearing.

8903.3 Requests to reschedule a hearing by a family or applicant are subject to the following conditions:

1. (a) A family or applicant may request to reschedule a hearing for the convenience of the family or applicant up to three (3) days prior to the scheduled hearing date, with or without a showing of good cause as defined in 8906.1, herein.
2. (b) All other requests to reschedule must be made no later than two (2) business days following the scheduled hearing and must demonstrate a showing of good cause in order to be considered.
3. (c) Notwithstanding paragraph (b) above, DCHA will reschedule a hearing as a reasonable accommodation if the family or applicant can demonstrate that a disability prevented them from rescheduling within the prescribed time periods.

8903.4 The notification of informal hearing shall contain:

(a) The date and time of the informal hearing;

(b) The location where the informal hearing will be held;

(c) The family's or applicant's right to bring evidence, witnesses, and legal or other representation at the family's expense;

(d) The right to view, or have their counsel or other representative view, subject to a timely request under Section 8903.6, any documents in the applicant's or participant's file, or any evidence in the possession of DCHA, upon which DCHA based the proposed action;

(e) The right to obtain, subject to a timely request under Section 8903.4(f) below, a copy of documents or evidence in the possession of DCHA prior to the informal hearing and notice that DCHA shall provide the first fifty such copies to the family or applicant at no charge and shall charge twenty five (25) cents per copy for each copy in excess of fifty; and

(f) DCHA's requirement that a copy of any documents or evidence the family or applicant will use at the informal hearing be submitted at least twenty-four (24) hours before the informal hearing.

8903.5 DCHA shall make copies of requested documents for the family or applicant. DCHA shall provide the first fifty (50) such copies to the family or applicant at no charge and shall charge twenty-five (25) cents per copy for each copy in excess of fifty (50).

8903.6 Upon request by a family, applicant or its representative to review and/or copy any documents in the applicant's or participant's file, DCHA shall make such documents available to the family, applicant or its representative for review and/or copying within three (3) days of such request. DCHA shall, when feasible, provide documents to an applicant or participant proceeding pro se in less than three days.

8903.7 In no case shall the family, applicant or its representatives, be allowed to remove a file from DCHA's office.

SOURCE: Notice of Final Rulemaking published at 49 DCR 7193, 7195-97 (July 26, 2002).