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10.22.16.00.htm 10.22.16.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 22 DEVELOPMENTAL DISABILITIES Chapter 16 Informal Hearings Under the Maryland Developmental Disabilities Law Authority: Health-General Article, §7-406, Annotated Code of Maryland
10.22.16.01.htm 10.22.16.01. 01 Scope.. This chapter applies to the hearing which an applicant for or a recipient of Developmental Disabilities Administration services may request under Health-General Article, §7-406(a)1) Annotated Code of Maryland. Nothing in these regulations shall be construed to create an entitlement to services provided or funded by the Department or the Administration.
10.22.16.02.htm 10.22.16.02. 02 Purpose.. The purpose of the informal hearing procedure is to seek informal and expeditious resolution when an applicant for or recipient of services is dissatisfied as a result of the Secretary's actions or inactions under Health-General Article, Title 7.
10.22.16.03.htm 10.22.16.03. 03 Definitions.. A. In these regulations the following terms have the meanings indicated.. B. Terms Defined.. 1) "Action or inaction of the Secretary" means any decision or other official action by the Director of the Administration or an authorized representative of the Director, or the failure to issue or implement an official decision or to take certain action within the authority of the Director or the Director's authorized representative. Action includes, but is not limited t
10.22.16.04.htm 10.22.16.04. 04 Notification of Right to Request a Hearing.. The Administration shall:. A. Provide written notification of the right to request a hearing and the method of obtaining the hearing to each applicant for or recipient of services at the time of application, and at any time the Administration decides to deny, terminate, reduce, suspend, withdraw or transfer, or otherwise significantly alter any service to an applicant or recB. Include in the notification the following statements:.
10.22.16.05.htm 10.22.16.05. 05 Request for Hearing.. A. An applicant or recipient, or the applicant's or recipient's representative, may request a hearing by mailing or delivering a clear, written statement to the Director of the Administration. The request shall state:1) That the applicant or recipient desires a hearing; and. 2) The specific action or inaction of the Secretary which the applicant or recipient seeks to challenge.B. The Administration shall acknowledge in writing a request for a hearing
10.22.16.06.htm 10.22.16.06. 06 Implementation of Action of the Secretary.. A. The action of the Secretary, which is the subject of a request for a hearing, may not be implemented unless the:1) Secretary has determined that an emergency exists when to delay action for a hearing would have a serious and adverse affect on the health or safety of any person;2) Applicant or recipient has withdrawn or abandoned the request for a hearing; or. 3) Applicant or recipient has failed in the applicant's or recipient's chal
10.22.16.07.htm 10.22.16.07. 07 Secretary's Designee.. A. The Director shall, in response to a request for a hearing, choose an employee of the Department to conduct the hearing and issue an administrative decision.B. An individual may not serve as the Secretary's designee if, as to this hearing, the individual:. 1) Was involved in policy or decision-making regarding the particular action or inaction of the Secretary which is the subject of the hearing;2) Has a personal financial interest in the matter; or.
10.22.16.08.htm 10.22.16.08. 08 Powers and Duties of Secretary's Designee.. A. The Secretary's designee shall have authority to:. 1) Engage in reasonable efforts to secure the attendance of witnesses;. 2) Conduct a full, fair, and impartial hearing;. 3) Take action to avoid unnecessary delay and duplication in the proceedings; and. 4) Maintain order.. B. The Secretary's designee:. 1) Shall rule on the admissibility of any documentary evidence and on the appearance and testimony of any witness;
10.22.16.09.htm 10.22.16.09. 09 Prehearing.. A. The appellant and the Department's representative are encouraged to engage in informal discussions before the hearing for the purpose of sharing documentary evidence, clarifying facts, resolving issues, and making recommendations to the Secretary's designee regarding areas of agreement and disagreement and the conduct of the hearing. The appellant shall immediately notify the Secretary's designee if and when there has been a resolution of the
10.22.16.10.htm 10.22.16.10. 10 Hearing Procedure.. A. The appellant shall have the right to request that the hearing be closed to the public. The Secretary's designee shall grant the appellant's request for a closed hearing if the Secretary's designee, after hearing from the parties, determines that the appellant's interest in confidentiality and privacy outweighs the value to the public of an open hearing.B. The Secretary's designee shall call the case to order and explain the issue or issues to be decid
10.22.16.11.htm 10.22.16.11. 11 Burden of Persuasion.. The appellant bears the burden of persuasion and may not prevail unless the appellant convinces the Secretary's designee by a preponderance of the evidence that the Secretary's action or inaction was incorrect.
10.22.16.12.htm 10.22.16.12. 12 The Record.. The Secretary's designee shall:. A. Maintain the official record of the hearing;. B. Include in the official record of the hearing:. 1) Official correspondence regarding the hearing, including the request for the hearing and the Secretary's response,2) Written material submitted by the parties,. 3) Evidence admitted by the Secretary's designee,. 4) A tape recording of the hearing, and. 5) The decision of the Secretary's designee..
10.22.16.13.htm 10.22.16.13. 13 Decision of the Secretary's Designee.. A. The Secretary's designee shall decide a case within 14 days of the hearing based upon the entire record in the case and according to the burden of persuasion set forth in Regulation .11. The Secretary's designee may communicate with the parties for the purpose of developing a decision agreeable to all parties provided the Secretary's designee complies with Regulation .09B.B. The Secretary's designee shall prepare a writte
10.22.16.9999.htm 10.22.16.9999. Administrative History Effective date: February 21, 1975 (2:7 Md. R. 490). Preface amended effective December 29, 1975 (3:4 Md. R. 217). Chapter, Public and Private Residential Care Facilities Serving the Mentally Retarded (I.C.F―M.R. repealed effective December 28, 1987 (14:26 Md. R. 2747) ―Regulations .01―13 Informal Hearings Under the Maryland Developmental Disabilities Law, adopted effective December 25, 1989 (16:25 Md. R. 2713)
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