Md. Code Regs. 07.01.04.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.01.04.03 - Appeal Request

A. Appeal by Applicant. An applicant may request a hearing when the agency:

(1) Denies in full or in part an application for assistance;

(2) Denies in full or in part an application for licensing, approval, or registration;

(3) Fails to act with reasonable promptness on an application for, or a request for adjustment of, assistance; or

(4) Gives notice of its intention to take any of the actions listed in §A(1)-(3) of this regulation.

B. Appeal by Recipient. A recipient may request a hearing when the agency:

(1) Suspends, reduces, or terminates assistance;

(2) Makes a decision affecting a plan of service to a recipient;

(3) Makes a decision affecting a recipient's licensing, approval, or registration;

(4) Makes a decision affecting the method of providing assistance;

(5) Refers a recipient to a work program;

(6) Takes a position regarding the disposition of the conciliation process as set forth in COMAR 07.03.03.15;

(7) Imposes sanctions on a recipient;

(8) Recovers an overpayment or overissuance in assistance; or

(9) Gives notice of its intention to take any of the actions listed in §B(1)-(8) of this regulation.

C. Child Support Enforcement Appeals. An individual may request a hearing or a record review when the agency:

(1) Has caused the interception or offset of all or part of the individual's State tax refund, abandoned property, or any payment due to the obligor from the Comptroller of the Treasury, or lottery prize as a result of an arrearage in child support;

(2) Has caused the interception or offset of all or part of the individual's federal tax refund or federal payment authorized under 31 U.S.C. § 3716 as a result of a child support arrearage reported to the federal Office of Child Support Enforcement;

(3) Has caused the denial or revocation of the individual's passport as a result of a child support arrearage reported to the federal Office of Child Support Enforcement;

(4) Has decided to disclose information regarding the individual's court-ordered child support obligation to:

(a) The Motor Vehicle Administration;

(b) A consumer reporting agency; or

(c) A business, occupation, or professional licensing authority; or

(5) Has denied the individual participation in the payment incentive program; or

(6) Has conducted an investigation pursuant to COMAR 07.07.12, 07.07.15, 07.07.16, 07.07.19, 07.07.20, or 07.07.21, and the individual disagrees with the results of that investigation.

D. Notice. At the time of application, and at any time an individual expresses to the agency disagreement with an agency action or intended action, the agency shall notify the individual in writing of:

(1) The right to request an appeal;

(2) The method by which an appeal may be requested;

(3) Any applicable fees;

(4) The right to be represented in an appeal by a lawyer, relative, friend, or other individual; and

(5) The availability of any free legal services.

E. Adverse Action Notice. The agency shall send written notice of any adverse action in writing, and, in addition to the information specified in §D of this regulation, the notice shall include the:

(1) Decision;

(2) Basis for the decision; and

(3) Specific regulation supporting the decision.

F. Time to Appeal-General. Except as provided in §§H and I of this regulation, the request for a hearing or record review is effective if the agency receives the request:

(1) Within 90 calendar days of the agency mailing or delivering timely and adequate notice, whichever is earlier;

(2) Within 90 calendar days of the agency action if the agency failed to give timely and adequate notice;

(3) Within 90 calendar days of any date by which the agency was required to act on an application or to make an adjustment in assistance and failed or refused to act; or

(4) With regard to a dispute as to the current level of food stamps, at any time within the current food stamp certification period.

G. Time to Appeal-Child Support Enforcement. With regard to child support enforcement appeals, the request is effective if OAH receives it within:

(1) 15 calendar days:

(a) Of the State Lottery Agency's notice of action or intended action pursuant to COMAR 07.07.10; or

(b) After the appellant receives the written results of an investigation issued by the Administration pursuant to COMAR 07.07.20;

(2) 20 calendar days of the Child Support Enforcement Administration's notice of action or intended action pursuant to COMAR 07.07.15; or

(3) 30 calendar days:

(a) After the date of the notice denying the individual participation in the payment incentive program;

(b) After the date of the notice of the results of an investigation conducted by the Administration pursuant to COMAR 07.07.19 and 07.07.21; or

(c) Of notice of action or intended action in any other child support matter from:

(i) The Child Support Enforcement Administration;

(ii) The State Comptroller;

(iii) Any licensing authority;

(iv) The Internal Revenue Service of the United States;

(v) The United States Department of State; or

(vi) The Financial Management Service of the United States Department of the Treasury.

H. Time to Appeal-Office of Home Energy Programs (OHEP). With regard to OHEP appeals, the request is effective if OHEP or the Office of Administrative Hearings receives the request:

(1) Within 30 calendar days of the agency mailing or delivering timely and adequate notice, whichever is earlier;

(2) Within 30 calendar days of the agency action if the agency failed to give timely and adequate notice; or

(3) Within 30 calendar days of any date by which the agency was required to act on an application or to make an adjustment in assistance and failed or refused to act.

I. An appeal request:

(1) Is made by expressing a desire to appeal;

(2) May be received by any social worker, caseworker, or manager, interviewer, or other employee of the agency whose assignment requires contact with the public; and

(3) Whether communicated formally or informally, shall be reported immediately to the agency's designated hearing coordinator.

J. Except as provided in §§ I and L of this regulation, the filing date of the appeal request is the date the agency received the request in writing.

K. Oral Appeal Requests.

(1) Either the agency or the appellant shall reduce an oral appeal request to writing within 7 calendar days of the oral appeal request.

(2) The agency shall ask the appellant to reduce an oral request to writing and shall offer to assist the appellant.

(3) If the appellant refuses to do so, the agency shall reduce the request to writing.

(4) When the request is reduced to writing, the date of the oral request is considered to be the filing date of the request.

L. Agency Assistance in the Appeal Request.

(1) The agency shall assist the appellant in completing an appropriate appeal request form to ensure that it contains all the information required to process the request.

(2) When it is unclear from the request what action is being appealed, the agency may ask the appellant to clarify the request.

(3) When necessary, the agency shall provide an interpreter to:

(a) Assist the appellant in filing an appeal request; and

(b) Assure that the hearing procedure is explained in a manner understood by the appellant.

Md. Code Regs. 07.01.04.03

Regulation .03 amended effective April 15, 2002 (29:7 Md. R. 619); March 17, 2003 (30:5 Md. R. 366); October 22, 2007 (34:21 Md. R. 1913)
Regulation .03C amended effective December 11, 2003 (30:24 Md. R. 1739); October 24, 2005 (32:21 Md. R. 1706); March 9, 2009 (36:5 Md. R. 421); May 16, 2011 (38:10 Md. R. 614)
Regulation .03G amended effective March 9, 2009 (36:5 Md. R. 421)
Regulation .03H amended effective December 11, 2003 (30:24 Md. R. 1739); amended effective 44:10 Md. R. 469, eff. 5/22/2017