2972 Public Benefits Cases – Representatives
2972.1 An applicant for, or recipient of, public benefits may be represented by an attorney, a relative, a friend, or any other representative who is not employed by the District of Columbia government.
2972.2 Any person who is not a lawyer who requests a hearing on behalf of someone else must file a statement, signed by the person, authorizing that non-lawyer to be a representative. A hearing request is subject to dismissal unless that statement is filed. Before dismissing a case under this subsection, an Administrative Law Judge shall notify the representative of this requirement.
2972.3 As required by the District of Columbia Public Assistance Act, D.C. Official Code § 4-210.10, if the public benefits applicant or recipient who requested the hearing is not represented by a lawyer, a Government agency or service provider may not be represented by a lawyer at any hearing involving the following public benefit programs:
(a) Medicaid, Healthcare Alliance or other healthcare programs administered by the District of Columbia;
(b) Temporary Assistance for Needy Families (TANF);
(c) SNAP (formerly Food Stamps);
(d) Interim Disability Assistance;
(e) General Assistance for Children; and
(f) Program on Work Employment and Responsibility (POWER).
2972.4 A Government agency or service provider may be represented by a lawyer at a hearing involving any other public benefit program regardless of whether the person who requested a hearing is represented by a lawyer.
2972.5 The practice of lawyers or other party representatives is governed by Sections 2833 and 2835.
SOURCE: 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).