§ 9-13 — Agency Review Conference and HRA Administrative Appeal Process

§ 9-13 Agency Review Conference and HRA Administrative Appeal Process.

(a) Agency Review Conference. (1) If an applicant or program participant requests an agency review conference, HRA shall informally review and attempt to resolve the issues raised. (2) An applicant or program participant may request an agency review conference without also requesting an HRA administrative hearing. Requesting an agency review conference will not prevent an applicant or program participant from later requesting an HRA administrative hearing. (3) An agency review conference must be requested no later than fourteen days after the challenged determination or action. (b) Request for an HRA Administrative Hearing. (1) An administrative hearing must be requested in writing. Such written request must be submitted by mail, electronic means or facsimile, or other means as HRA may set forth in an appeals notice. (2) A request for an administrative hearing must be made by the later of twenty-one days after the challenged determination or action or seven days after the date of the agency review conference. (c) Authorized Representative. (1) Except where impracticable to execute a written authorization, a person or organization seeking to represent an applicant or program participant must have the applicant's or program participant's written authorization to represent him or her at an agency review conference or administrative hearing and to review his or her case record, provided that such written authorization is not required from an attorney retained by such applicant or program participant. An employee of such attorney will be considered an authorized representative if such employee presents written authorization from the attorney or if such attorney advises HRA by telephone of such employee's authorization. (2) Once HRA has been notified that a person or organization has been authorized to represent an applicant or program participant at an agency review conference or administrative hearing, such representative will receive copies of all correspondence sent by HRA to the applicant or program participant relating to the conference and hearing. (d) Aid Continuing. (1) If a program participant requests an administrative appeal of a determination by HRA that HRA HOME TBRA rental assistance payments are to be reduced, restricted, suspended or discontinued, such program participant shall have the right to continued receipt of HRA HOME TBRA rental assistance payments at the HRA HOME TBRA rental assistance amount in effect at the time of the determination until the hearing decision is issued pursuant to subdivision (k) of this section or the end of the term of the current Rental Assistance Contract, whichever is earlier, provided that: (A) The program participant requests the administrative appeal within ten days of the mailing of the notice of such determination; and (B) The appeal is based on a claim of incorrect computation or an incorrect factual determination. (2) There is no right to continued HRA HOME TBRA rental assistance payments pursuant to this subdivision where the sole issue on appeal is one of local, State or Federal law or policy, or change in local, State or Federal law. (3) Rental assistance payments will not continue pending the issuance of a hearing decision when: (A) The program participant has voluntarily waived his or her right to the continuation of such assistance in writing; or (B) The program participant does not appear at the administrative hearing and does not have a good cause reason for not appearing. (4) If a program participant requests an additional appeal pursuant to subdivision (m) of this section, rental assistance payments will continue uninterrupted after issuance of the hearing decision until a written decision is issued pursuant to subdivision (m) of this section. (e) Notice. HRA shall provide the applicant or program participant with notice of the date, time, and location of the administrative hearing no fewer than seven calendar days prior to the scheduled date of the administrative hearing, unless the issue underlying the request for an administrative hearing has been resolved and the applicant or program participant has withdrawn his or her hearing request. (f) Examination of Case Record. The applicant or program participant or his or her authorized representative has the right to examine the contents of his or her HRA HOME TBRA case file and all documents and records that HRA intends to use at the administrative hearing. Upon request by telephone or in writing, HRA shall provide such applicant or program participant with copies of all such documents, and copies of any additional documents in the possession of HRA that the applicant or program participant identifies and requests for purposes of preparing for the administrative hearing. HRA shall provide such documents at no charge reasonably in advance of the administrative hearing. If the request for such documents is made less than five business days before the administrative hearing, HRA must provide the applicant or program participant with copies of such documents no later than at the time of the administrative hearing. (g) Adjournment. The administrative hearing may be adjourned for good cause by the administrative hearing officer on his or her own motion or at the request of the applicant or program participant, or HRA. (h) Conduct of Administrative Hearing. (1) The administrative hearing shall be conducted by an impartial hearing officer appointed by HRA who shall have the power to administer oaths and issue subpoenas and who shall have no prior personal knowledge of the facts concerning the challenged determination or action. (2) The administrative hearing shall be informal, all relevant and material evidence shall be admissible and the legal rules of evidence shall not apply. The administrative hearing shall be confined to the factual and legal issues raised regarding the specific determination(s) for which the administrative hearing was requested. (3) The applicant or program participant shall have a right to be represented by counsel or other representative, to testify, to produce witnesses to testify, to offer documentary evidence, to offer evidence in opposition to the evidence presented by HRA, to request that the hearing officer issue subpoenas, and to examine any documents offered by HRA. (4) An audio recording, an audio visual recording or written transcript of the administrative hearing shall be made. (i) Abandonment of Request for Administrative Hearing. (1) HRA will consider an administrative hearing request abandoned if neither the applicant or program participant nor his or her authorized representative appears at the administrative hearing, unless either the applicant or program participant or his or her authorized representative has: (A) contacted HRA prior to the administrative hearing to request rescheduling of the administrative hearing; or (B) within fifteen calendar days of the scheduled administrative hearing date, contacted HRA and provided a good cause reason for failing to appear at the administrative hearing on the scheduled date. (2) HRA will restore the case to the calendar if the applicant or program participant or his or her authorized representative has met the requirements of paragraph (1) of this subdivision. (j) Hearing Record. The recording or written transcript of the hearing, all papers and requests filed in connection with the hearing, and the hearing decision collectively constitute the complete and exclusive record of the administrative hearing. (k) Hearing Decision. (1) The hearing officer shall render a decision based exclusively on the hearing record. The decision must be in writing and must set forth the administrative hearing issues, the relevant facts, and the applicable law, regulations and approved policy, if any, upon which the decision is based. The decision must identify the issues to be determined, make findings of fact, state the reasons for the determinations, and when appropriate, direct HRA to take specific action. (2) A copy of the decision, accompanied by written notice to the applicant or program participant of the right to further appeal and the procedures for requesting such appeal, will be sent to each of the parties and to their authorized representatives, if any. (l) Effect of Hearing Decision. (1) HRA is not bound by a hearing decision: (A) concerning a matter for which HRA is not required to provide an opportunity for a hearing under this section, or that otherwise exceeds the authority of the person conducting the hearing under this section; or (B) contrary to HUD regulations or requirements, or otherwise contrary to federal, State, or local law. (2) If HRA determines that it is not bound by a hearing decision, it shall promptly notify the family of the determination, and of the reasons for the determination. (m) Additional Appeal. (1) An appeal from a decision of a hearing officer may be made in writing to the Commissioner of HRA or his or her designee provided it is received by HRA through the procedures described in the notice accompanying the hearing decision no later than fifteen business days after HRA sends the hearing officer's decision. The record before the Commissioner shall consist of the hearing record, the hearing officer's decision and any affidavits, documentary evidence, or written arguments that the applicant or program participant may wish to submit. (2) The Commissioner or his or her designee shall render a written decision based on the hearing record and any additional documents submitted by the applicant or program participant and HRA. (3) A copy of the decision, accompanied by written notice to the applicant or program participant of the right to judicial review, will be sent to each of the parties and to their authorized representatives, if any. (4) Upon issuance, the decision of the Commissioner or his or her designee made pursuant to an appeal under this section is final and binding upon HRA and must be complied with by HRA. (Added City Record 11/30/2015, eff. 12/30/2015)