1. A. Appeal from LAA decision.

   1. (1) If the LAA is the direct service provider, the LAA shall give written notification of the right to and the procedures for requesting and obtaining an administrative hearing to each applicant or recipient of the program services:

      1. (a) At the time of application; and
      2. (b) Whenever the LAA notifies an applicant or recipient of any action which might deny, suspend, reduce, or terminate service.
   2. (2) The procedures for an administrative hearing are set forth in COMAR 07.01.04.
   3. (3) An applicant or recipient of services is not entitled to homeless services while an appeal is pending.
   4. (4) The LAA shall forward to the Department a summary of each decision rendered, including findings of fact for each administrative hearing.

2. B. Grievance Procedure.

   1. (1) If the service provider is a private, nonprofit agency or an entity of local government which is not the LAA, the service provider shall give written notification of the right to file a grievance and a procedure by which the grievance may be heard to each applicant or recipient of the program services:

      1. (a) At the time of application; and
      2. (b) Whenever the service provider notifies an applicant or recipient of an action which might deny, suspend, reduce, or terminate service.

   2. (2) The grievance procedure includes:

      1. (a) A notice of the grievance rights and the steps to take to initiate the grievance process;
      2. (b) An opportunity to be heard; and
      3. (c) A written decision by the local program director or designee that affirms or reverses the service provider's action and that includes the basis for the decision.
   3. (3) The service provider shall forward to the Department and to the LAA a summary of each decision rendered, including findings of fact concerning each grievance heard.
3. C. Discrimination. The service provider is required to observe the antidiscrimination policy in COMAR 07.01.03.

Authority: Human Services Article, §§6-417—6-427, Annotated Code of Maryland

Effective date: December 2, 1985 (12:24 Md. R. 2346)

Chapter recodified from COMAR 07.02.21 to 07.06.09 and Regulations .01, .02, .04, .10, and .11 amended effective November 28, 1988 (15:24 Md. R. 2768)

Chapter revised effective January 31, 1994 (21:2 Md. R. 97)

Regulations .01—.16 repealed and new Regulations .01—.09 adopted effective March 27, 1995 (22:6 Md. R. 473)

Regulation .06B amended effective April 9, 2007 (34:7 Md. R. 697)

Regulation .08A amended effective August 5, 2002 (29:15 Md. R. 1141)

Regulation .08B amended effective January 15, 1996 (23:1 Md. R. 23)

Chapter recodified from COMAR 07.06.09 to COMAR 07.01.19 effective June, 2009