Md. Code Regs. 07.03.10.04

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

Section 07.03.10.04 - Local Department Responsibilities

A. When information is received that an individual may have committed an intentional program violation, the local department shall refer the information to the Office of the Inspector General which shall:

(1) Conduct an investigation of the suspected intentional program violators;

(2) Prepare a report on the completed investigation showing the methods used to obtain information; and

(3) Make the report available to the director of the local department.

B. The local departments for OHEP shall refer the information to the OHEP central office for review and investigation.

C. When the local department decides that there is sufficient documentary evidence that an individual has committed an intentional program violation, the local department shall refer the individual to the:

(1) Local State's attorney if the alleged facts in the case meet the guidelines established by the State's attorney for prosecution; or

(2) OAH for an administrative disqualification hearing.

D. If the local State's attorney decides that a case does not warrant prosecution, the local department may refer that case to OAH for an administrative disqualification hearing.

E. If the local State's attorney does not act on a referred case within a reasonable period of time, the local department shall formally withdraw the referral and refer the case to OAH for an administrative disqualification hearing.

F. The local department may refer an individual for an administrative disqualification hearing regardless of the current eligibility of the individual.

G. The local department may not initiate an administrative disqualification hearing:

(1) Against an individual whose case is being referred by the State's attorney for prosecution; or

(2) After the State's attorney or a court of appropriate jurisdiction has taken any action against the individual in a case arising out of the same or related circumstance.

Md. Code Regs. 07.03.10.04

Regulations .04 adopted effective April 22, 1985 (12:8 Md. R. 801)
Regulation .04 amended effective May 1, 1989 (16:8 Md. R. 908)
Regulation .04 amended effective 41:9 Md. R. 520, eff.5/12/2014