Md. Code Regs. 36.02.06.18

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

Section 36.02.06.18 - Payments to Disabled Persons

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) "Conservator" has the meaning stated in Estates and Trusts Article, § 13-301, Annotated Code of Maryland.

(b) "Disabled person" has the meaning stated in Estates and Trusts Article, § 13-101, Annotated Code of Maryland.

(c) "Guardian" has the meaning stated in Estates and Trusts Article, § 13-101, Annotated Code of Maryland.

B. If a prize winner is a disabled person, a guardian, conservator, parent, adult member of the person's household, or other proper representative shall complete the claim form for the disabled person.

C. If the Director determines that the individual who completed the claim form on behalf of the disabled person is not the proper person to claim the prize on the disabled person's behalf, the Director may:

(1) Require a new claim form to be completed by a person the Director determines is a proper person to claim the disabled person's prize on the disabled person's behalf; and

(2) Determine the appropriate information to be included on the claim form to protect the Agency and the public interest.

D. The Director may require the individual who signs the claim form on behalf of a disabled person to submit an affidavit that the disabled person is not a person prohibited by COMAR 36.01.01.05 from being paid a prize.

E. The Director may rely wholly on:

(1) A certified copy submitted to the Agency of a court of competent jurisdiction's appointment of a guardian or conservator of the disabled person; or

(2) Any other evidence that a person is entitled to the payment of a prize on behalf of the disabled person.

F. The Director may petition a court of competent jurisdiction to request a determination for the payment of any prize which is, or may become, due to a winner who is a disabled person.

G. If a court of competent jurisdiction orders that payments due or to become due to a winner who is a disabled person be paid to a specified person, the Agency shall pay the prize according to the order of the court.

H. Unless permitted by federal law and authorized by the Director, the Agency may not accelerate the payment of a prize beyond its normal dates of payment to a winner who is a disabled person.

Md. Code Regs. 36.02.06.18

Effective date: 40:9 Md. R. 790, eff.5/13/2013 ; amended effective 46:1 Md. R. 13, eff. 1/14/2019; recodified from .17 effective 46:24 Md. R. 1104, eff. 12/2/2019