Md. Code Regs. 10.22.16.03

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.22.16.03 - Definitions

A. In this chapter the following terms have the meanings indicated.

B. Terms Defined.

(1) "Action or inaction of the Secretary" means a decision of the Deputy Secretary or an authorized representative of the Deputy Secretary, that:

(a) Denies an application by an individual for eligibility for services;

(b) Denies a request for services made by a recipient of services;

(c) Terminates, reduces, suspends, or withdraws services for a recipient of services; or

(d) Otherwise denies a request made by a recipient of services that is related to DDA services.

(2) "Administration" means the Developmental Disabilities Administration (DDA).

(3) "Appellant" means the person or that person's representative who has applied for or received Administration services and who has requested a hearing pursuant to Health-General Article, §7-406, Annotated Code of Maryland.

(4) "Applicant for services" means a person who has applied for services and is subject to the Administration's determination of eligibility. In addition, the following representatives are considered applicants for the purpose of these regulations:

(a) A parent of an applicant who is a minor;

(b) The applicant's court-appointed guardian of the person;

(c) An attorney representing the applicant; and

(d) A person or agency who has a legitimate interest in the welfare of the individual applying for DDA services or being served in a DDA licensed, operated, or funded program.

(5) "Department" means the Department of Health and Mental Hygiene.

(6) "Department's representative" means the person designated by the Director to represent the Department in the hearing and to defend the action or inaction of the Secretary.

(7) "Director" means the Director of the Developmental Disabilities Administration.

(8) "Hearing" means the informal hearing provided for in Health-General Article, §7-406(a)(1), Annotated Code of Maryland.

(9) "Party" means an appellant or the Department.

(10) "Recipient of services" means a person who has received Administration services. In addition, the following representatives are considered recipients for the purpose of these regulations:

(a) A parent of a recipient who is a minor;

(b) The recipient's court-appointed guardian of the person;

(c) An attorney representing the recipient; and

(d) A person or agency who has a legitimate interest in the welfare of the individual applying for DDA services or being served in a DDA licensed, operated, or funded program.

(11) "Secretary" means the Secretary of the Department of Health and Mental Hygiene or a representative appointed by the Secretary.

(12) "Secretary's designee" means the employee of the Department chosen by the Director to conduct the hearing and make administrative decisions in accordance with these regulations.

Md. Code Regs. 10.22.16.03

Regulations .03 Informal Hearings Under the Maryland Developmental Disabilities Law, adopted effective December 25, 1989 (16:25 Md. R. 2713); amended effective 45:26 Md. R. 1245, eff. 12/31/2018