Md. Code Regs. 07.01.04.04
Processing of Appeal Requests.
Effective Aug 19, 200229:16 Md. R. 1286Family Law Article §§10-108.1—10-108.4, 10-112.1, 10-113, 10-113.1, 10-113.2, 10-114, 10-119, 10-119.3, and 12-102.3;Human Services Article, §§5-303, 5-408, and 5-501; State Government Article, §§9-1607.1, 9-1607.2, and 10-201—10-222;Transportation Article, §11-203; Annotated Code of MarylandAgency Note: Federal Regulatory Reference: 7 CFR §§273.15 and 273.16, and 45 CFR §§303.32c(5), 303.72 and 303.105;and 42 U.S.C. §666(a)(17) and (c)(1)(G)(ii)
- A. The procedures in this regulation do not apply to appeals concerning child support enforcement. OAH is responsible for processing child support appeal requests.
- B. The agency shall establish procedures to acknowledge receipt of and process all appeal requests in a timely manner.
C. Within 5 business days of either the filing date of a written appeal request or the date that an oral request is reduced to writing, the agency shall:
(1) Forward the following information to OAH:
- (a) Date of the request,
- (b) Name and address of the appellant,
- (c) Name and address of the agency representative,
- (d) Action being appealed,
- (e) Date of the action being appealed; and
- (f) Date notice of the action was mailed to the appellant; and
- (2) Acknowledge to the appellant receipt of the appeal request.
D. Conference.
(1) When the agency acknowledges receipt of an appeal request, the agency shall promptly:
- (a) Offer the appellant a conference; and
- (b) Advise the appellant that the conference is optional and will not delay or replace the hearing.
- (2) An agency supervisor shall attend the conference.
- (3) The case manager responsible for the action may also attend.
- (4) Although a conference may lead to an informal resolution of the dispute, a hearing shall be held unless the appellant withdraws the appeal request in writing.
- (5) If an appellant requests a conference in an appeal concerning denial of a request for expedited food stamps, the agency shall hold the conference within 2 business days of the filing date of the request unless the appellant asks that it be delayed.
Authority: Family Law Article §§10-108.1—10-108.4, 10-112.1, 10-113, 10-113.1, 10-113.2, 10-114, 10-119, 10-119.3, and 12-102.3;
Human Services Article, §§5-303, 5-408, and 5-501; State Government Article, §§9-1607.1, 9-1607.2, and 10-201—10-222;
Transportation Article, §11-203; Annotated Code of Maryland
Agency Note: Federal Regulatory Reference: 7 CFR §§273.15 and 273.16, and 45 CFR §§303.32c(5), 303.72 and 303.105;
and 42 U.S.C. §666(a)(17) and (c)(1)(G)(ii)
Effective date: April 5, 1999 (26:7 Md. R. 540)
Regulation .03 amended effective April 15, 2002 (29:7 Md. R. 619); March 17, 2003 (30:5 Md. R. 366); October 22, 2007 (34:21 Md. R. 1913); May 22, 2017 (44:10 Md. R. 469)
Regulation .03C amended effective December 11, 2003 (30:24 Md. R. 1739); October 24, 2005 (32:21 Md. R. 1706); March 9, 2009 (36:5 Md. R. 421); May 16, 2011 (38:10 Md. R. 614)
Regulation .03G amended effective March 9, 2009 (36:5 Md. R. 421)
Regulation .03H amended effective December 11, 2003 (30:24 Md. R. 1739)
Regulation .04C amended effective August 19, 2002 (29:16 Md. R. 1286)
Regulation .05B amended effective October 22, 2007 (34:21 Md. R. 1913)
Regulation .08B amended effective August 19, 2002 (29:16 Md. R. 1286)
Regulation .11 amended effective August 19, 2002 (29:16 Md. R. 1286)
Regulation .21C amended effective October 22, 2007 (34:21 Md. R. 1913)