Md. Code Regs. 10.18.05.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.18.05.05 - Reconsideration and Appeal

A. An applicant or recipient who has been notified by the Department of ineligibility for or disenrollment from MADAP benefits may request reconsideration of the decision by submitting additional supporting documentation or information to the Department within 30 business days of notification.

B. If an applicant or recipient submits a timely request for reconsideration, the Department shall:

(1) Review all additional supporting documentation, within 5 business days of the Department's receipt of the request for reconsideration; and

(2) Issue a final decision in writing to the applicant or recipient.

C. If an applicant or recipient is dissatisfied with the final decision of the Department, the applicant or recipient may appeal the reconsideration by requesting in writing for a hearing with the Department.

D. The Office of Administrative Hearings shall:

(1) Conduct a hearing according to the procedures set forth in COMAR 28.02.01;

(2) Hold a hearing to review the decision within 45 days of the postmarked date on the letter requesting a hearing; and

(3) Issue a decision in writing to the applicant or recipient.

Md. Code Regs. 10.18.05.05

Regulations .05 adopted as an emergency provision effective November 27, 2002 (29:25 Md. R. 1979); adopted permanently effective February 17, 2003 (30:3 Md. R. 180)
Regulation .05A amended as an emergency provision effective August 11, 2004 (31:18 Md. R. 1348); amended permanently effective October 11, 2004 (31:20 Md. R. 1485)
Regulation .05E amended as an emergency provision effective November 14, 2003 (30:24 Md. R. 1737); amended permanently effective February 16, 2004 (31:3 Md. R. 207)
Regulation .05 amended effective 42:5 Md. R. 486, eff.3/16/2015; adopted effective 43:6 Md. R. 408, eff.3/28/2016