(a) An ICF-IDD may contest the amount of an assessment, including any interest or administrative penalties, imposed under this chapter, or by rules issued pursuant to § 47-1277, by filing a notice of appeal with the Office of Administrative Hearings within 60 days after the date of the notice of:
(1) An annual assessment under § 47-1273;
(2) A determination or redetermination of an assessment based on an audit of information under § 47-1275; or
(3) An imposition of interest or administrative penalties under § 47-1274.
(b) The Office of Administrative Hearings shall conduct a hearing on the appeal filed under subsection (a) of this section subject to the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; § 2-501 et seq.), and pursuant to the rules of the Office of Administrative Hearings.
(c) Before filing an appeal pursuant to subsection (a) of this section, the ICF-IDD shall pay the assessment, together with any administrative penalties and interest due on the assessment. In no case shall the filing of a notice of appeal act as a stay on the payment of the assessment, interest, or administrative penalties.
Effect of Amendments
The 2012 amendment by D.C. Law 19-169 substituted “ICF-IDD” for “ICF-MR” in the introductory language of (a) and in (c).
Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.