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10.01.06.00.htm 10.01.06.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 01 PROCEDURES Chapter 06 Fair Hearing Appeals under the Special Supplemental Food Program for Women, Infants, and Children (WIC) Authority: Health-General Article, §2-104; State Government Article, §10-215; Annotated Code of Maryland
10.01.06.01.htm 10.01.06.01. 01 Definitions.. A. "Appellant" means an individual, an applicant agency, a food vendor, or delegate agency who desires to participate in the WIC Program, who requests a fair hearing for the reasons specified in Regulation .02, of this chapter.B. "Applicant agency" means a public or private, non-profit health or welfare agency providing or contracting to provide health services, which has filed with the Department all the information required by the Department to a
10.01.06.02.htm 10.01.06.02. 02 Opportunity for a Fair Hearing.. A request for a fair hearing shall be granted in the following cases:. A. An individual's application for participation in the WIC Program is denied by the Department or delegate agency;B. An eligible participant is required to pay the cash value of improperly issued benefits, or is denied benefits, suspended or terminated from the WIC Program by the Department or delegate agency;C. An applicant agency, delegate agency, or food vendor's:.
10.01.06.03.htm 10.01.06.03. 03 Notification of Right to Request a Fair Hearing.. A. Written notification of the right to obtain a fair hearing shall be given by the Department or delegate agency to each appellant at each time of application.B. Written notification of the right to obtain a fair hearing, and the method of obtaining the hearing, shall be given by the Department or delegate agency whenever it notifies an appellant that it intends to recover the cash value of the improperly
10.01.06.04.htm 10.01.06.04. 04 Request for Fair Hearing.. An appellant, either himself or through a representative, may request a fair hearing by giving a clear statement, oral or written, to any member of the State WIC Staff or delegate agency, that he desires an opportunity to present for review any matter which is the proper subject of a fair hearing as provided in Regulation .02, of this chapter. The statement shall be forwarded immediately to the hearing officer. The State WIC staff or delegate age
10.01.06.05.htm 10.01.06.05. 05 Acknowledgement of Request.. A. The Department shall promptly acknowledge a request for a fair hearing and conduct it within 3 weeks from the date the Department received the request for a hearing.B. The appellant shall be given notice, in writing, at least 10 days before the date of the fair hearing.C. The notification specified in §B, of this chapter, shall include the following information:. 1) The date, time, and place of the fair hearing;. 2) His right to be repres
10.01.06.06.htm 10.01.06.06. 06 Redesignation of Time and Place for Hearing.. If a party notifies the Department that either the time or place designated by the Department is not convenient and requests a different time or place for the fair hearing, the hearing officer shall designate another time or place convenient to the parties, if he considers that the party has sufficient reason for requesting the change. If the appellant is employed during the periods when fair hearings are normally held, t
10.01.06.07.htm 10.01.06.07. 07 Period of Time for Requesting Hearing.. A request for a fair hearing may not be granted unless it is made within 60 days from the date the notification specified in Regulation .03, of this chapter, is mailed or given to the appellant, or when Regulation .03, of this chapter, does not apply, within 60 days following the conclusion of the action or inaction which is the subject of the appeal.
10.01.06.08.htm 10.01.06.08. 08 Dismissal of Request for Hearing.. The Department may dismiss a request for a fair hearing if:. A. It has been withdrawn in writing by the appellant or his representative;. B. The appellant or his representative fails, without good cause, to appear at the scheduled hearing;C. The appellant or his representative does not respond within 10 days to a Department letter asking whether he wishes to withdraw his request for a fair hearing;
10.01.06.09.htm 10.01.06.09. 09 Pre-Hearing Procedures.. A. The Department shall prepare a hearing summary containing pertinent information respecting the specific action or inaction which is the basis for the appeal. The summary shall be forwarded to the appellant or his representative at least 6 days before the hearing date, and shall include notification that the appellant or his representative may examine documents and records to be used at the hearing at the office of the hearing officer, at a rea
10.01.06.10.htm 10.01.06.10. 10 Hearing Procedures.. A. The fair hearing procedures may not be unduly complex or legalistic. The hearing official shall administer oaths or affirmations as required by the State. The appellant, the Department, and the delegate agency shall have the opportunity to present witnesses, documentary evidence, and oral and written argument, and to cross-examine all adverse witnesses. The appellant will have the opportunity to advance arguments without undue interference.
10.01.06.11.htm 10.01.06.11. 11 The Record.. A. A verbatim recording of the fair hearing shall be made. One transcribed copy of the recording shall be supplied to the appellant, at no cost, if the appellant takes a further appeal. The recording, together with all exhibits and papers admitted into evidence, shall constitute the exclusive record for decision. Nonrecorded or confidential information which the appellant does not have an opportunity to hear or see may not be made a part of the h
10.01.06.12.htm 10.01.06.12. 12 Findings, Conclusions, and Decision.. A. The hearing officer shall prepare a written summary of findings and conclusions based exclusively on the record, and shall state the policies, regulations, or laws upon which the hearing officer's decision is based. The hearing officer's decision shall become a part of the record.B. A copy of the findings, conclusions, and decision shall be forwarded to the appellant or his representative no later than 45 days after the date of
10.01.06.13.htm 10.01.06.13. 13 Confidentiality as to Fair Hearings.. If the appellant waives in writing his privilege of confidentiality as to the fair hearings, the hearing officer shall permit members of the public to attend the hearing; however, the hearing officer may cause the removal of any member of the public whose conduct impedes the orderly progress of the hearings, or may recess the hearings until a time when it may proceed in orderly fashion. The hearing officer also may exclud
10.01.06.14.htm 10.01.06.14. 14 Continuation of Benefits or Participation Pending Hearing Decision.. A. Whenever an individual, applicant agency, delegate agency, or food vendor is notified of a proposed action as provided in Regulation .03, of this chapter, the proposed action may not be taken unless at least one of the following occurs:1) A fair hearing is not requested in a timely manner, as provided by Regulation .07, of this chapter;
10.01.06.15.htm 10.01.06.15. 15 Criminal or Civil Sanctions.. This fair hearing procedure may not be construed as excluding or replacing any criminal or civil sanctions or other remedies that may be applicable under any federal or State statute or local ordinance.
10.01.06.9999.htm 10.01.06.9999. Administrative History Effective date: February 2, 1977 (4:3 Md. R. 146). Regulation .01 amended effective November 3, 1978 (5:22 Md. R. 1673) July 18, 1983 (10:14 Md. R. 1262)Regulation .01A amended effective August 22, 1980 (7:17 Md. R. 1672). Regulation .01E amended effective August 22, 1980 (7:17 Md. R. 1672). Regulation .01G amended effective January 23, 1989 (16:1 Md. R. 69). Regulation .02 amended effective November 3, 1978 (5:22 Md. R. 1673) July 18, 1983 (10:14 Md. R. 126
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