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

2. B. Terms Defined.

   1. (1) “Action or inaction of the Secretary” means a decision of the Deputy Secretary or an authorized representative of the Deputy Secretary, that:

      1. (a) Denies an application by an individual for eligibility for services;
      2. (b) Denies a request for services made by a recipient of services;
      3. (c) Terminates, reduces, suspends, or withdraws services for a recipient of services; or
      4. (d) Otherwise denies a request made by a recipient of services that is related to DDA services.
   2. (2) “Administration” means the Developmental Disabilities Administration (DDA).
   3. (3) “Appellant” means the person or that person's representative who has applied for or received Administration services and who has requested a hearing pursuant to Health-General Article, §7-406, Annotated Code of Maryland.

   4. (4) “Applicant for services” means a person who has applied for services and is subject to the Administration's determination of eligibility. In addition, the following representatives are considered applicants for the purpose of these regulations:

      1. (a) A parent of an applicant who is a minor;
      2. (b) The applicant's court-appointed guardian of the person;
      3. (c) An attorney representing the applicant; and
      4. (d) A person or agency who has a legitimate interest in the welfare of the individual applying for DDA services or being served in a DDA licensed, operated, or funded program.
   5. (5) “Department” means the Maryland Department of Health.
   6. (6) “Department's representative” means the person designated by the Director to represent the Department in the hearing and to defend the action or inaction of the Secretary.
   7. (7) “Director” means the Director of the Developmental Disabilities Administration.
   8. (8) “Hearing” means the informal hearing provided for in Health-General Article, §7-406(a)(1), Annotated Code of Maryland.
   9. (9) “Party” means an appellant or the Department.

   10. (10) “Recipient of services” means a person who has received Administration services. In addition, the following representatives are considered recipients for the purpose of these regulations:

       1. (a) A parent of a recipient who is a minor;
       2. (b) The recipient's court-appointed guardian of the person;
       3. (c) An attorney representing the recipient; and
       4. (d) A person or agency who has a legitimate interest in the welfare of the individual applying for DDA services or being served in a DDA licensed, operated, or funded program.
   11. (11) “Secretary” means the Secretary of Health and or a representative appointed by the Secretary.
   12. (12) “Secretary's designee” means the employee of the Department chosen by the Director to conduct the hearing and make administrative decisions in accordance with these regulations.

Authority: Health-General Article, §§7-401 and 7-406, Annotated Code of Maryland

Effective date: February 21, 1975 (2:7 Md. R. 490)

Preface amended effective December 29, 1975 (3:4 Md. R. 217)

Chapter, Public and Private Residential Care Facilities Serving the Mentally Retarded (I.C.F—M.R.), repealed effective December 28, 1987 (14:26 Md. R. 2747)

Regulations .01—.13 Informal Hearings Under the Maryland Developmental Disabilities Law, adopted effective December 25, 1989 (16:25 Md. R. 2713)

COMAR 10.22.04 recodified to COMAR 10.22.16 effective July 26, 1999 (26:15 Md. R. 1148)

Regulation .03B amended effective December 31, 2018 (45:26 Md. R. 1245)