- A. When the local department suspects fraud, the local department shall refer the case to the Office of the Inspector General (OIG) or directly to the local State’s Attorney Office (SAO).
- B. A supervisory-level employee shall approve the referral document and the director of the local department or designee shall sign it before a referral is made.
- C. After a referral has been made, the local department shall inform the OIG or the SAO of any newly discovered facts or changed circumstances in the case.
- D. The local department shall provide access to the relevant records in its possession for the investigators assigned to investigate suspected fraud.
- E. The local department may not give notice to an applicant or recipient of any referral to OIG or SAO for action on suspected fraud except that the local department representative may answer “yes” or “no” when the recipient asks whether referral has been made.
- F. The decision to refer a case of suspected fraud may not be the sole basis for requesting a fair hearing not withstanding the regulations in the Fair Hearings Chapter.
Authority: Human Services Article §§4-207, 4-303, 5-207, and 5-607, Annotated Code of Maryland
(Agency Note: Federal Regulatory Reference 45 CFR 233.20(a)(12))
Effective date: January 18, 1982 (9:1 Md. R. 19)
Regulation .01B amended effective May 23, 1983 (10:10 Md. R. 872); March 23, 1987 (14:6 Md. R. 713)
Regulations .02, .03C, and .05A, C amended effective May 23, 1983 (10:10 Md. R. 872)
Regulation .03E adopted effective July 25, 1988 (15:15 Md. R. 1808)
Regulation .05 amended effective March 23, 1987 (14:6 Md. R. 713); April 12, 1993 (20:7 Md. R. 640); October 1, 1996 (23:18 Md. R. 1315)
Chapter revised effective October 29, 2001 (28:21 Md. R. 1854)
Regulation .04 amended effective April 28, 2014 (41:8 Md. R. 469)
Regulation .05C amended effective August 16, 2004 (31:16 Md. R. 1253); April 28, 2014 (41:8 Md. R. 469)