Md. Code Regs. 07.07.20.10

Current through Register Vol. 51, No. 24, December 2, 2024

Section 07.07.20.10 - Appeal to the Office of Administrative Hearings (OAH)

A. The obligated parent may appeal to the Office of Administrative Hearings (OAH) the results of the Administration's investigation based on a mistake of fact.

B. The only issues that may be appealed to OAH are:

(1) The identity of the obligated parent;

(2) That there is no underlying court order requiring the employee to provide medical support for the child;

(3) That the amount of the withholding exceeds the limits of the Federal Consumer Credit Protection Act; or

(4) That the child for whom health insurance coverage is sought is emancipated.

C. The appeal to OAH is effective only if it is:

(1) Submitted in writing on a form provided by the Administration;

(2) Signed by the obligated parent;

(3) Received by OAH within 15 days after receiving the written results of the investigation;

(4) Accompanied by a copy of the results of the Administration's investigation; and

(5) Accompanied by payment of any fee required by OAH.

D. OAH shall conduct the hearing and inform the obligated parent and the Administration of the hearing results in accordance with COMAR 07.01.04.

E. Enrollment of an employee's child may not be stayed or terminated until the employer receives written notice from the Administration that the appeal has been resolved in the employee's favor.

Md. Code Regs. 07.07.20.10

Regulation .10 amended effective October 6, 2008 (35:20 Md. R. 1773)