Md. Code Regs. 15.01.18.07

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

Section 15.01.18.07 - Procedure

If the Department takes one of the adverse actions listed in Regulation .03 of this chapter, it shall provide the person affected (for example, the SFMNP applicant or recipient, a local agency, or a farmer) with the following:

A. 15 calendar days in advance of the effective date of the adverse action, written notification of the adverse action, the cause for the action, and the effective date of the action, including the Department's determination of whether the action shall be postponed under Regulation .06 of this chapter if it is appealed, and the opportunity for a hearing;

B. The opportunity to appeal the Department's action within the time limits set forth in Regulation .05 of this chapter;

C. 10 business days advance notice of the time and place of the hearing to provide all parties involved sufficient time to prepare for the hearing;

D. The opportunity to present the person's case and at least one opportunity to reschedule the hearing date upon specific request;

E. The opportunity to confront and cross-examine adverse witnesses;

F. The opportunity to be represented by counsel or, in the case of an SFMNP recipient, by a representative designated by the recipient, if desired;

G. The opportunity to review the case record before the hearing; and

H. Written notification of the decision in the appeal, within 60 days from the date of receipt of the request for a hearing by the Department.

Md. Code Regs. 15.01.18.07

Regulation .07 adopted effective 49:7 Md. R.469, eff. 4/4/2022; amended effective 51:1 Md. R. 1-62, eff. 1/22/2024