Md. Code Regs. 07.01.04.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 07.01.04.05 - Continuation of Assistance Pending Appeal

A. Except as provided in §B of this regulation and COMAR 07.02.25, assistance shall be automatically continued or reinstated if the filing date of the appeal request is within 10 calendar days of the later of:

(1) The mailing of timely and adequate notice from the agency;

(2) The date of the agency's action if the agency failed to give timely notice; or

(3) The date by which the agency was required to act on an application or to make an adjustment in assistance, and the agency failed or refused to act.

B. Assistance may not be continued or reinstated pending appeal if:

(1) An appellant specifically requests that assistance not be continued or reinstated pending appeal;

(2) The eligibility or certification period for the assistance has expired;

(3) Assistance has been reduced or terminated due to a change in federal or State law or regulation and the appeal does not appear to concern misapplication of the change; and

(4) Continuation or reinstatement of the service at issue would threaten the health or safety of other individuals.

C. An appeal request form shall contain:

(1) An opportunity for the appellant to request that assistance not be continued or reinstated pending appeal; and

(2) A statement that the appellant is responsible for repaying any assistance paid during the appeal process if the agency's position is upheld.

D. Once continued or reinstated, assistance may not be suspended, reduced, or terminated before the appellant and the agency receive a final administrative decision unless:

(1) The eligibility or certification period expires, in which case the appellant may reapply and be considered for eligibility for the new eligibility or certification period;

(2) The administrative law judge makes a preliminary written determination, after a hearing, that:

(a) Assistance has been reduced or terminated due to a change in State or federal law or regulation, and

(b) The appellant has no valid claim that the agency misapplied the change;

(3) An appellant fails to request an appeal after receiving a separate and unrelated notice that assistance will be suspended, reduced, or terminated; or

(4) The appellant receives a subsequent notice of adverse action while the appeal is pending that is based on a change in State or federal law or regulation, and the appellant has no valid claim that the agency misapplied the change.

E. The agency shall promptly inform the appellant in writing when assistance is suspended, reduced, or terminated while the appeal is pending.

Md. Code Regs. 07.01.04.05

Regulation .05B amended effective October 22, 2007 (34:21 Md. R. 1913)