Md. Code Regs. 15.01.18.03

Current through Register Vol. 51, No. 19, September 20, 2024

Section 15.01.18.03 - Appealing Adverse Actions to the Secretary

A. SFMNP applicants. An SFMNP applicant may appeal the denial of certification of SFMNP benefits unless the denial is solely because of the lack of sufficient funding to provide SFMNP benefits to all eligible applicants. While awaiting the hearing, the SFMNP applicant may not receive SFMNP benefits.

B. SFMNP Participants.

(1) An SFMNP recipient may appeal the disqualification or suspension of SFMNP benefits.

(2) Excepting an SFMNP recipient whose certification period has already expired or who become otherwise ineligible for SFMNP benefits, an SFMNP recipient who appeals the termination of benefits within the period of time provided under Regulation .05 of this chapter shall continue to receive SFMNP benefits until the Secretary reaches a decision or the certification period expires, whichever occurs first.

(3) An SFMNP recipient who becomes ineligible during a certification, or whose certification period expires, may appeal the termination. While awaiting the hearing, the SFMNP recipient may not receive new benefits.

C. A local agency may appeal an action disqualifying it from participating in the SFMNP.

D. A farmer may appeal an action:

(1) Denying that person's application to participate in the WIC FMNP or SFMNP;

(2) Imposing a sanction under the WIC FMNP or SFMNP; or

(3) Disqualifying that person from participating in the WIC FMNP or SFMNP.

Md. Code Regs. 15.01.18.03

Regulation .03 adopted effective 49:7 Md. R.469, eff. 4/4/2022; amended effective 51:1 Md. R. 1-62, eff. 1/22/2024