Md. Code Regs. 07.01.04.16

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

Section 07.01.04.16 - Final Decision

A. Except as provided in §B of this regulation, within 90 calendar days of the filing of the appeal request:

(1) The administrative law judge shall issue a final decision to all parties with a written statement of the right to seek judicial review; and

(2) The agency shall complete all administrative or corrective action necessary to implement the decision.

B. In an appeal concerning food stamps, within 60 calendar days of the filing of the appeal request:

(1) The administrative law judge shall issue a final decision with a written statement of the right to seek judicial review; and

(2) The agency shall complete all administrative or corrective action necessary to implement the decision.

C. If the decision is favorable to the agency, the agency may:

(1) Take immediate steps to implement the decision; and

(2) Reduce or terminate assistance that has been continued pending appeal effective with the next scheduled issuance after the agency's receipt of the decision or, in the case of assistance for which there is no scheduled issuance, immediately upon receipt.

D. If the decision is favorable to the appellant, the agency shall, within 10 calendar days of the date of the decision:

(1) Comply with the decision;

(2) Take corrective action retroactive to the date the incorrect action was taken, except that food stamp benefits may not be restored for more than 12 months before the earlier of the date the agency:

(a) Receives the request for a restoration of benefits, or

(b) Discovers that the loss has occurred; and

(3) Immediately notify OAH that it has completed all required action.

E. The agency's obligation to take corrective or administrative action when a final decision is favorable to the appellant does not prevent the agency from appealing an adverse decision of an administrative law judge and seeking any remedy available to it, including but not limited to obtaining a stay of the final order.

F. The Record.

(1) After issuing a final administrative decision, OAH shall promptly forward to the agency the complete record, including all:

(a) Papers filed;

(b) Evidence submitted; and

(c) Orders and decisions issued.

(2) This record constitutes the exclusive record and shall be made available for review by a party for 2 years or until all litigation in the matter has ended, whichever is later.

G. Consistent with confidentiality requirements, OAH shall prepare a periodic compilation of hearing decisions, which shall be accessible to the public.

Md. Code Regs. 07.01.04.16