1. A. When information is received that an individual may have committed an intentional program violation, the local department shall refer the information to the Office of the Inspector General which shall:

   1. (1) Conduct an investigation of the suspected intentional program violators;
   2. (2) Prepare a report on the completed investigation showing the methods used to obtain information; and
   3. (3) Make the report available to the director of the local department.
2. B. The local departments for OHEP shall refer the information to the OHEP central office for review and investigation.

3. C. When the local department decides that there is sufficient documentary evidence that an individual has committed an intentional program violation, the local department shall refer the individual to the:

   1. (1) Local State's attorney if the alleged facts in the case meet the guidelines established by the State's attorney for prosecution; or
   2. (2) OAH for an administrative disqualification hearing.
4. D. If the local State's attorney decides that a case does not warrant prosecution, the local department may refer that case to OAH for an administrative disqualification hearing.
5. E. If the local State's attorney does not act on a referred case within a reasonable period of time, the local department shall formally withdraw the referral and refer the case to OAH for an administrative disqualification hearing.
6. F. The local department may refer an individual for an administrative disqualification hearing regardless of the current eligibility of the individual.

7. G. The local department may not initiate an administrative disqualification hearing:

   1. (1) Against an individual whose case is being referred by the State's attorney for prosecution; or
   2. (2) After the State's attorney or a court of appropriate jurisdiction has taken any action against the individual in a case arising out of the same or related circumstance.

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)