1. A. Filing of an Appeal.

   1. (1) A provider may appeal to the Children's Cabinet the Committee's decision regarding a request for reconsideration made under Regulation .06 of this chapter.
   2. (2) The provider shall file a written appeal with the Rate Section within 30 days of the provider's receipt of the Committee's decision regarding the request for reconsideration.
   3. (3) The appeal shall set forth the specific objections to the Committee's decision regarding the request for reconsideration.

2. B. Rate Section Requirements. Upon receipt of an appeal, the Rate Section shall:

   1. (1) Forward the appeal to the Children's Cabinet or its designee; and

   2. (2) Provide to the Children's Cabinet a copy of the record upon which the Committee's decision regarding the provider's request for reconsideration was based, including:

      1. (a) The provider's written request for a reconsideration; and
      2. (b) Any supporting documentation.

3. C. Review by the Children's Cabinet. Within 30 days of receipt of an appeal from the provider, the Children's Cabinet or its designee shall:

   1. (1) Review the written appeal and the record provided by the Rate Section;
   2. (2) Request additional information, if needed, from the provider or the Rate Section; and
   3. (3) Issue a final, binding opinion upholding, modifying, or reversing the rate set by the Committee.
4. D. An appeal to the Children's Cabinet is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Authority: Education Article, §§2-206 and 8-417; Family Law Article, §§5-506, 5-507, and 5-509; Health-General Article,
§§2-102, 2-104, 2-105, 7-306.1, 10-516, 10-902, 10-1203, and 15-102.1; Human Services Article, §§2-209 and 9-231; Annotated Code of Maryland

Effective date: June 29, 1998 (25:13 Md. R. 992)

Chapter revised effective February 18, 2002 (29:3 Md. R. 216)

COMAR 01.04.05 revised and recodified to 14.31.04 as an emergency provision effective June 30, 2005 (32:15 Md. R. 1314); revised and recodified permanently effective November 24, 2005 (32:23 Md. R. 1828)

Chapter revised effective July 1, 2024 (51:10 Md. R. 528)