5904.1 Except as provided in § 5904.2, CFSA, in its discretion, may continue or reinstate service during the fair hearing process. Service that is continued or reinstated shall be maintained until the fair hearing decision, and may not be modified, reduced, suspended, or terminated unless or until:

1. (a) The appellant is notified that CFSA has denied or dismissed the request for a fair hearing under § 5905;
2. (b) The Hearing Examiner decides at the fair hearing that the sole issue raised by appellant concerns the plain language of a District statute, regulation or policy;
3. (c) The Hearing Examiner upholds the action of CFSA;
4. (d) A change in appellant's circumstances occurs while the appeal is pending and adversely affects the delivery of service.
5. (e) The appellant specifically requests that service not be continued or reinstated;
6. (f) The appellant and CFSA agree; or
7. (g) Continuing the service poses an immediate or serious and continuing danger to the health, safety or welfare of a child.

5904.2 Service may not be reinstated or continued if reinstating or continuing the service poses an immediate or serious and continuing danger to the health, safety or welfare of a child.

SOURCE: Emergency published at 47 DCR 6035 (July 28, 2000) [EXPIRED]; as amended by Emergency published at 48 DCR 10067 (November 2, 2001) [EXPIRED]; as amended by Final Rulemaking published at 49 DCR 2440 (March 15, 2002).