(a) A Client, either personally or through a Shelter Client Advocate, may appeal a Denial of Service by requesting a Shelter Hearing verbally or in writing to any Shelter staff within five business days from the date on which the Client received a Denial of Service Notice. If the Client does not request a Shelter Hearing within five business days, the Shelter shall not grant a hearing except in cases of good cause, as defined in Section 20.18-7.
(b) If a Shelter denies Service to a Client for a Non-Immediate Denial of Service and the Client timely requests a Shelter Hearing, the Client shall continue to receive Service and remain in the Shelter until the current Shelter stay expires or until the Shelter issues a decision at the conclusion of a Shelter Hearing, whichever is earlier.
(c) After the Client requests a Shelter Hearing, the Shelter shall establish a time and place for the hearing and the Shelter shall provide the Client with written notice of the date and time of the Shelter Hearing promptly upon its establishment. Either party may request a neutral hearing location and, upon a Client’s request or its own initiative, the Shelter shall contact the Department to secure a neutral hearing location. The Shelter shall not schedule a hearing date for a time earlier than one business day or later than three business days after a Client’s Shelter Hearing request, provided that, a Client may waive the timing requirements. The Shelter shall also notify any Shelter Client Advocate advocating for or representing the Client of the scheduled Shelter Hearing. If the Client requests an advocate or other representative to be present at the hearing, the Shelter may not hold a hearing earlier than 24 hours from the time of the request for an advocate unless the Client waives the 24-hour waiting period. The Client shall attend the Shelter Hearing and may, but is not required to, attend with an advocate or other representative. If the Client fails to appear, the Client will be deemed to have waived any right to pursue the grievance, unless the Client demonstrates good cause for missing the hearing, as defined in Section 20.18-7, in which case the Shelter shall reschedule the Shelter Hearing.
(d) The Shelter shall designate as an impartial hearing officer a person who did not witness the Rule violation or issue the Client’s Denial of Service. Shelter hearings shall be conducted in an impartial and informal manner. The Shelter shall translate a reasonable amount of written material relevant to, and to be presented at, the Shelter Hearing into the language spoken by the Client and shall provide oral interpretation services of the Shelter Hearing in the language of the Client. The hearing officer may consider all reasonable evidence offered by either party, provided that, neither party may compel the attendance or testimony of witnesses. The Client may bring witnesses to speak on the Client’s behalf. The Shelter is not required to bring other Clients as witnesses, and may offer witness statements of other Clients with names of such witnesses redacted. The hearing officer may not consider evidence concerning a Client’s past criminal history.
(e) The hearing officer shall issue a written decision within 48 hours of completion of the Shelter Hearing. Such written decision shall include: (1) the decision; (2) a reasoned explanation of the decision; (3) information describing how to request an Arbitration; (4) an explanation of the good cause policy; and (5) Shelter Client Advocate information. The hearing officer’s decision may uphold, or overturn the Shelter’s Denial of Service or withdraw the Denial of Service on consent of both the Shelter and the Client. If the hearing officer upholds the Denial of Service, the officer may also modify the Denial of Service by reducing the length of suspension or authorizing an additional opportunity for a Client to receive Service. The hearing officer may not increase the length of suspension, change Rules or individual case management plans agreed to by a Client and Shelter, make an exception to eligibility criteria, or award any other relief.
(f) A Client who prevails at a Shelter Hearing and is not currently residing in a Shelter, shall be entitled to the next available bed at a Shelter, provided that, the Client must claim the bed within 24 hours of when the Client acknowledges receipt of notification of entitlement. A Shelter must notify the Client of such entitlement and the entitlement shall expire within seven calendar days of the Shelter’s notification. The Shelter may, at its discretion, extend the period during which the Client may claim the next available bed. A prevailing Client shall be credited the amount of time for which the Client did not utilize Service due to the Shelter Hearing appeal process.
(Added by Ord. 69-22, File No. 220090, App. 4/28/2022, Eff. 5/29/2022)