1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Administration” means the Family Investment Administration of the Department of Human Services.
   2. (2) “Administrative disqualification hearing” means a hearing held by an administrative law judge (ALJ) of the Office of Administrative Hearings to determine if an intentional program violation has occurred.
   3. (3) “Caretaker relative” means an individual related by blood or marriage who is the parent or is acting on behalf of the parent of a dependent child.
   4. (4) “Hearing” means a contested case hearing as defined in State Government Article, §10-202(d), Annotated Code of Maryland.

   5. (5) “Intentional program violation” means an intentional:

      1. (a) False or misleading statement or misrepresentation, concealment, or withholding of facts:

         1. (i) Concerning food supplement; or
         2. (ii) For the purposes of establishing or maintaining the assistance unit's eligibility for TCA or for increasing or preventing a reduction of the amount of TCA; or
      2. (b) Act that constitutes a violation of the Food Stamp Act, the Food Supplement Program regulations, or any State statute relating to the use, presentation, transfer, acquisition, receipt, or possession of food supplement benefits or electronic benefit transfer (EBT) card.
   6. (6) “Local department” means a department of social services in a county or Baltimore City, or the Montgomery County Department of Health and Human Services.
   7. (7) “Office of Administrative Hearings (OAH)” means the unit within the Executive Branch established by State Government Article, §9-1602, Annotated Code of Maryland.
   8. (8) “Program Fraud Division” means the unit of the Office of the Inspector General’s Bureau of Investigative Services that provides investigative resources for local departments in the investigation of suspected fraud in Department programs including but not limited to TCA, the Office of Home Energy Programs (OHEP), and food supplement benefit application, redetermination, and open cases.
   9. (9) “Temporary cash assistance (TCA)” means benefits received under COMAR 07.03.03.

Authority: Human Services Article, §§5-207, 5-501, and 5-604, Annotated Code of Maryland;
Agency Note: Federal Regulatory Reference—7 CFR §273.16

Effective date:

Chapter, Work Incentive Program/Income Maintenance Units (WIN/IMU), adopted effective February 2, 1977 (4:3 Md. R. 143)

Regulation .01 amended effective February 22, 1980 (7:4 Md. R. 346)

Regulation .02A amended effective April 3, 1981 (8:7 Md. R. 641); June 7, 1982 (9:11 Md. R. 1126); August 2, 1982 (9:15 Md. R. 1513); December 20, 1982 (9:25 Md. R. 2479)

Regulations .05B and .06B, C amended effective March 7, 1980 (7:5 Md. R. 472)

Regulations .05 and .06C amended effective April 26, 1982 (9:8 Md. R. 820)

Regulation .08 adopted effective March 28, 1983 (10:6 Md. R. 554)

Chapter repealed effective May 1, 1984 (11:8 Md. R. 713)

Regulations .01—.11 adopted effective April 22, 1985 (12:8 Md. R. 801)

Regulation .04 amended effective May 1, 1989 (16:8 Md. R. 908)

Regulation .05 amended effective May 1, 1989 (16:8 Md. R. 908)

Regulation .05C amended as an emergency provision effective February 1, 1996 (23:4 Md. R. 267); amended permanently effective May 6, 1996 (23:9 Md. R. 669)

Regulation .07D amended effective May 1, 1989 (16:8 Md. R. 908)

Regulation .09C and J amended effective May 1, 1989 (16:8 Md. R. 908)

Regulation .10F amended effective May 1, 1989 (16:8 Md. R. 908)

Regulation .10G amended as an emergency provision effective February 1, 1996 (23:4 Md. R. 267); amended permanently effective May 6, 1996 (23:9 Md. R. 669)

Regulation .11 amended as an emergency provision effective February 1, 1996 (23:4 Md. R. 267); amended permanently effective May 6, 1996 (23:9 Md. R. 669)

Regulation .11 amended effective September 22, 1997 (24:19 Md. R. 1339)

Regulation .11A amended effective January 2, 1995 (21:26 Md. R. 2184)

Regulation .11C and G amended effective May 1, 1989 (16:8 Md. R. 908)

Chapter revised effective April 5, 1999 (26:7 Md. R. 540)

Regulation .01 amended effective May 12, 2014 (41:9 Md. R. 520)

Regulation .02B amended effective August 6, 2001 (28:15 Md. R. 1396); May 12, 2014 (41:9 Md. R. 520)

Regulation .03 amended effective May 12, 2014 (41:9 Md. R. 520)

Regulation .04 amended effective May 12, 2014 (41:9 Md. R. 520)

Regulation .05 amended effective October 8, 2007 (34:20 Md. R. 1735)

Regulation .05A, B amended effective August 6, 2001 (28:15 Md. R. 1396)

Regulation .05C amended effective May 12, 2014 (41:9 Md. R. 520)

Regulation .06A amended effective October 8, 2007 (34:20 Md. R. 1735)

Regulation .06B amended effective May 12, 2014 (41:9 Md. R. 520)

Regulation .08 amended effective May 12, 2014 (41:9 Md. R. 520)

Regulation .08A amended effective August 6, 2001 (28:15 Md. R. 1396)

Regulation .08B amended effective October 8, 2007 (34:20 Md. R. 1735)