Md. Code Regs. 10.01.06.03

Current through Register Vol. 51, No. 20, October 4, 2024

Section 10.01.06.03 - Notification of Right to Request a Fair Hearing

A. Written notification of the right to obtain a fair hearing shall be given by the Department or delegate agency to each appellant at each time of application.

B. Written notification of the right to obtain a fair hearing, and the method of obtaining the hearing, shall be given by the Department or delegate agency whenever it notifies an appellant that it intends to recover the cash value of the improperly issued benefits or to deny, suspend, or terminate participation in the WIC Program. If benefits or eligibility for an individual or food vendor are to be denied, suspended, or terminated, written notice shall be mailed or given at least 15 days before the effective date. In the case of a delegate agency, the notice shall be provided 60 days in advance of the effective date. This notification is not required at the expiration of a certification period.

C. The notification specified in §B, of this regulation, shall give the appellant the following information:

(1) The reason for the action which may adversely affect him or his benefits;

(2) The matters which are the proper subject of a fair hearing as provided in Regulation .02, of this chapter;

(3) Any positions or arguments on his behalf may be presented personally or by a representative such as a relative, friend, or legal counsel;

(4) The circumstances under which assistance is continued if a fair hearing is requested, as provided in Regulation .02, of this chapter.

Md. Code Regs. 10.01.06.03

Regulation .03 amended effective November 3, 1978 (5:22 Md. R. 1673)
Regulation .03A amended effective March 7, 1980 (7:5 Md. R. 474)
Regulation .03B amended effective March 7, 1980 (7:5 Md. R. 474); July 18, 1983 (10:14 Md. R. 1262); March 24, 1986 (13:6 Md. R. 682); January 23, 1989 (16:1 Md. R. 69)
Regulation .03C amended effective August 22, 1980 (7:17 Md. R. 1672); July 18, 1983 (10:14 Md. R. 1262)