Sec. 07.02.14.09. Appeal Rights and Nondiscrimination  


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  • A. The local department shall give written notification of the right to and the procedures for requesting and obtaining a fair hearing, to each applicant or client of IHAS at the time of application, and if the local department notifies the applicant or client of an action which might deny, delay, suspend, reduce, or terminate service. The procedures are set forth in COMAR 07.01.04.

    B. Emergency Action Hearing Requests.

    (1) All emergency action hearing requests shall be filed with the local department within 30 days of the certified mailing of the notice of the local department's action, and shall state the name and address of the client, and the effective date of the action appealed.

    (2) The local department shall notify the Office of Administrative Hearings immediately upon receipt of an emergency action hearing request. Oral notification shall be followed by written notification within 24 hours.

    (3) A hearing shall be conducted within 7 days of the filing date of the hearing request.

    (4) A decision by the administrative law judge shall be rendered within 7 days after the conclusion of the hearing.

    C. Discrimination. The local department may not discriminate in the delivery of service, as required by the nondiscrimination procedures as set forth in COMAR 07.01.03.