The Administration shall:

1. A. Provide written notification of the right to request a hearing and the method of obtaining the hearing to each applicant for or recipient of services at the time of application, and at any time the Administration decides to deny, terminate, reduce, suspend, withdraw or transfer, or otherwise significantly alter any service to an applicant or recipient;

2. B. Include in the notification the following statements:

   1. (1) That the applicant or recipient:

      1. (a) Has a right to a hearing upon request regarding any action or inaction of the Secretary made under Health-General Article, Title 7, Annotated Code of Maryland, which affects service provision to the applicant or recipient,
      2. (b) May choose to waive the right to an informal hearing, and
      3. (c) Has the right to a formal hearing in accordance with State Government Article, Title 10, Subtitle 2;
   2. (2) If a decision has been made by the Secretary, the factual basis for the decision;
   3. (3) That a hearing shall be requested within 45 days of the date the notification is postmarked if a decision has been made by the Department, or within 45 days following the action or inaction which is the subject of the appeal;
   4. (4) The procedure the applicant or recipient is required to follow in order to timely request a hearing; and
   5. (5) That unless an informal or formal hearing is requested within the prescribed time period, the Secretary's intended action will become final;
3. C. Enclose with the written notification a form to be used to request a hearing.

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Chapter, Public and Private Residential Care Facilities Serving the Mentally Retarded (I.C.F—M.R.), repealed effective December 28, 1987 (14:26 Md.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