Md. Code Regs. 07.03.16.19
Current through Register Vol. 52, No. 1, January 10, 2025
Section 07.03.16.19 - Appeals and Complaints of DiscriminationA. Agency Conference. A RCA applicant or recipient may request an agency conference to: (1) Promptly resolve the date of entry into the United States by the applicant or recipient;(2) Obtain an explanation of the reasons for proposed actions; and(3) Present information to show that the proposed action is incorrect.B. Appeal of Local Department Decision. (1) The LDSS shall give to each applicant or recipient of RCA written notification of the right to and procedures for requesting and obtaining an administrative hearing as set forth in COMAR 07.01.04.(2) The LDSS may not terminate an individual's benefits prior to completion of the final administrative decision, but the individual is subject to recovery of any overpayment if the LDSS action is sustained.(3) A hearing need not be granted if: (a) Federal law requires automatic grant adjustments for classes of recipients unless the reason for an individual appeal is incorrect benefit calculation; or(b) Assistance is terminated because the time period imposed by law has been reached unless the issue is the date of entry into the United States.C. Discrimination. (1) The LDSS may not discriminate against any individual on the grounds of race, color, national origin, gender, age, marital status, mental or physical disability, or religious or political affiliation.(2) An individual may file a written complaint which sets forth the events and circumstances of alleged discrimination with the:(c) Department's Constituent Services Office;(d) Departmental Equal Opportunity Officer; or(e) Office of Civil Rights, U.S. Department of Health and Human Services, Region III, Philadelphia, PA.(3) The Department shall investigate promptly and notify the complainant of its findings within 60 days of the filing of a written complaint with the Department.Md. Code Regs. 07.03.16.19