Md. Code Regs. 09.32.12.03

Current through Register Vol. 51, No. 12, June 14, 2024

Section 09.32.12.03 - Pre-Determination Investigations

A. Before determining that a claimant has been overpaid, the Secretary or the Secretary's designee shall conduct a pre-determination investigation in accordance with Labor and Employment Article, Title 8, Annotated Code of Maryland, and other applicable law.

B. As a part of the pre-determination investigation, the Department shall take the following steps:

(1) Make reasonable attempts to promptly contact the claimant to whom the potential overpayment was made and provide the claimant with an opportunity to respond to requests for information about the potential overpayment;

(2) Independently verify information received from a computer cross-match with a federal database or other automatic processes or matches;

(3) Make reasonable attempts to gather all relevant information that is of sufficient quality and quantity to support the findings and rationale for the determination; and

(4) Provide the claimant an opportunity to rebut information received from a computer cross-match with any database, or from an employer or other outside source.

C. If the Secretary's or Secretary's designee's review reveals a dispute of material fact concerning whether the claimant is eligible or disqualified, the Secretary or the Secretary's designee shall conduct a proceeding in accordance with COMAR 09.32.02.16E.

D. The notice of the proceedings shall be set forth as follows:

(1) The Secretary's designee shall deliver notice to the claimant in accordance with the claimant's preferred method of communication; and

(2) The notice described in this regulation shall contain the following information:

(a) The issues to be resolved at the proceeding;

(b) The date, time, and place of a proceeding to determine whether the claimant was overpaid;

(c) Notice that the proceeding may result in an overpayment determination that may lead to an enforceable monetary judgment against the claimant, in addition to or instead of the reduction or elimination of current or future benefits; and

(d) Notice that any party shall have the right to be present by telephone or in person, as required by the Secretary or the Secretary's designee, and may be represented by an attorney or other representative of the party 's choosing.

E. During the proceeding described above, the parties may:

(1) Be present, by telephone or in person, as required by the Secretary;

(2) Be represented by an attorney or other representative of the party's choosing;

(3) Present and rebut evidence and argument relating to the issues;

(4) Cross-examine any person who participates in person or by telephone at the proceeding and testifies or provides information relating to the issues; and

(5) Be given the opportunity to examine all evidence relating to any issue that is before the Secretary and all evidence upon which the Secretary may rely in reaching a determination.

Md. Code Regs. 09.32.12.03

Regulations .03 adopted effective 49:20 Md. R. 909, eff. 8/17/2022; amended effective 50:4 Md. R.111-172, eff. 3/6/2023