Md. Code Regs. 10.01.06.14

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

Section 10.01.06.14 - Continuation of Benefits or Participation Pending Hearing Decision

A. Whenever an individual, applicant agency, delegate agency, or food vendor is notified of a proposed action as provided in Regulation .03, of this chapter, the proposed action may not be taken unless at least one of the following occurs:

(1) A fair hearing is not requested in a timely manner, as provided by Regulation .07, of this chapter;

(2) A request for a fair hearing has been withdrawn in writing by the appellant or a representative;

(3) The appellant or representative fails, without good cause, to appear at the scheduled hearing;

(4) The appellant or representative, after failing to appear at a scheduled hearing, does not respond within 10 days to a departmental letter asking whether the appellant wishes to continue with the appeal;

(5) A decision affirming the proposed action of the Department or delegate agency is made by the hearing officer following a fair hearing;

(6) The Department has made a determination that the request for a fair hearing is not appropriate as provided for by Regulation .02, of this chapter.

B. Whenever an eligible participant is notified during a certification period that benefits are to be denied, suspended, or terminated, those benefits will continue to be provided if the participant requests a fair hearing within the 15 day advance notice period provided by Regulation .03B, of this chapter. Those benefits will continue until one of the conditions specified in Regulation .14A, of this chapter, occurs.

C. Whenever an eligible participating food vendor is notified that participation is to be denied, suspended, terminated, or affected by any other adverse action, the food vendor shall be allowed to continue to participate if the food vendor requests a fair hearing at least 10 days before the effective date of the proposed adverse action. Participation shall continue until one of the conditions specified in §A, of this chapter, occurs.

D. Applicants who are denied benefits at initial certification or at subsequent certifications may appeal the denial but may not receive benefits while awaiting a hearing.

E. An applicant agency or food vendor which is denied participation at time of application may appeal the denial but may not participate while awaiting a hearing.

F. Whenever an eligible participant, participating delegate agency, or food vendor requests a fair hearing following the expiration of the time period as provided in §§B and C, of this regulation, the hearing officer, in his discretion, may provide an additional period during which time a request for a fair hearing shall result in continuation of benefits or participation until one of the conditions specified in §A, of this regulation, occurs.

G. The adverse action affecting a participating delegate agency shall be postponed until a hearing decision is reached.

H. Appealing an action does not relieve a delegate agency or food vendor permitted to continue in the program while its appeal is in process from the responsibility of continued compliance with the terms of any written agreement or contract with the State or local agency.

Md. Code Regs. 10.01.06.14

Regulation .14 amended effective March 7, 1980 (7:5 Md. R. 474)
Regulation .14A amended effective July 18, 1983 (10:14 Md. R. 1262)
Regulation .14B amended effective July 18, 1983 (10:14 Md. R. 1262)
Regulation .14C amended effective March 24, 1986 (13:6 Md. R. 682)
Regulation .14D adopted effective July 18, 1983 (10:14 Md. R. 1262)
Regulations .14E_H effective March 24, 1986 (13:6 Md. R. 682)