1. A. If the Secretary proposes to deny approval or initiate disciplinary action, the Secretary shall give the program director written notice of the proposed action, according to the provisions outlined in Regulation .12A — C of this chapter.

2. B. Within 10 working days of receipt of the notification of the action under §A of this regulation, the program director may file a written request for a hearing with the Office of Administrative Hearings, with copies to the:

   1. (1) Administration;
   2. (2) CSA or lead CSA; and
   3. (3) Director of the Department's designated approval unit.
3. C. If the program director does not file a request for hearing that is postmarked within 10 working days of receipt of the notification, the program waives the right to request a hearing, and the Secretary may effect the proposed action.

4. D. If a timely request for hearing has been received, the Office of Administrative Hearings shall:

   1. (1) Notify the Director and the program director of the date, time, and location of the hearing; and
   2. (2) Hold a hearing and render a proposed decision to the Secretary in accordance with COMAR 28.02.01.

5. E. After giving parties the opportunity to file exceptions and make oral arguments under the provisions of State Government Article, §10-216, Annotated Code of Maryland, the Secretary shall issue a final decision according to State Government Article, §10-221, Annotated Code of Maryland, and send notice of the decision to the:

   1. (1) Administration;
   2. (2) ASO;
   3. (3) Appropriate CSA;
   4. (4) Medical Assistance Program; and
   5. (5) Program director.
6. F. Further Appeal. A program may appeal any final decision by the Secretary by following the provisions of Health-General Article, §2-207, and State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Authority: Health-General Article, §§7.5-205, 10-901, and 10-902, Annotated Code of Maryland

Effective date: January 2, 1995 (21:26 Md. R. 2187)

Chapter revised effective October 5, 1998 (25:20 Md. R. 1529)

Regulations .01 — .12 repealed and new Regulations .01 — .16 adopted effective January 14, 2008 (35:1 Md. R. 19)

Regulation .04C amended effective March 13, 2017 (44:5 Md. R. 292)