.09 Appeals.

A. Pursuant to Health-General Article, §7-406, Annotated Code of Maryland, and COMAR 10.22.16:

(1) On any action or inaction of the Secretary under Regulations .01—.08 of this chapter, other than non-selection through the random selection process, an applicant for services may request:

(a) An informal hearing before the Secretary’s designee; and

(b) The Secretary to review the decision of the informal hearing if that decision is not acceptable;

(2) Informal hearings under §A(1)(a) of this regulation are conducted in accordance with COMAR 10.22.16; and

(3) After a request for a review is made, the Secretary shall conduct the review in accordance with Title 10, Subtitle 2 of the State Government Article, Annotated Code of Maryland.

B. The Secretary may deny a request for hearing if the reason for the appeal is to contest a denial of services due to lack of available budgeted funds.

C. A person aggrieved by a final decision of the Secretary in a contested case as defined in State Government Article, §10-201, Annotated Code of Maryland, may take an appeal as allowed in State Government Article, §§10-215 and 10-216, Annotated Code of Maryland.