Sec. 07.03.21.06. Local Agency Response to Application

A. Receipt of Application. Upon receipt of the application, the local agency shall:

(1) Record the date the application was received by the local agency;

(2) Record the date of application as described in §B of this regulation; and

(3) Assess the application for completeness.

B. Date of Application. The date of application is:

(1) For a walk-in application, the date the local agency receives the application; or

(2) For an application received by mail, the date it was signed by the applicant or the applicant's representative if the local agency receives the application:

(a) Within 10 working days of the date the applicant or the applicant's representative signs the application; or

(b) For good cause shown, at a later reasonable date after 10 working days of the date the applicant or the applicant's representative signs the application.

C. Incomplete Application. If the application is incomplete:

(1) The local agency shall request the applicant or the applicant's representative to provide the missing information within 15 calendar days from the date of the notification; and

(2) If the applicant or the applicant's representative does not provide the requested information within 15 calendar days from the date of the notification, the local agency shall deny the application as specified in §D(3) of this regulation.

D. Decisions on an Application.

(1) The local agency shall approve or deny the application within 45 calendar days of receipt of a completed application, except as allowed in §D(5) of this regulation.

(2) Approved Application.

(a) The local agency shall mail notification to the applicant or the applicant's representative of the approval within 10 working days after sending benefits to the applicant's energy supplier.

(b) The written notice of the local agency's decision shall include:

(i) The amount or description of benefits approved on behalf of the applicant's household;

(ii) The duration of the benefits;

(iii) The name of the energy supplier to which the benefits are paid; and

(iv) An explanation of the applicant's right to appeal any part of the agency's decision and the method for requesting an administrative hearing of an appeal as set forth in Regulation .12 of this chapter.

(3) Denied Application. The local agency shall deny the application for benefits if the:

(a) Applicant's household countable income exceeds the income set forth in Regulation .03A(2) of this chapter;

(b) Applicant or the applicant's representative has not provided information requested by the local agency as required in Regulation .06B of this chapter;

(c) Applicant dies while the application is being processed;

(d) Applicant establishes residency outside Maryland while the application is being processed;

(e) Applicant does not meet the eligibility criteria as required in Regulation .03 of this chapter;

(f) Applicant abandons the applicant's residence;

(g) Applicant withdraws the application for MEAP assistance;

(h) Information supplied at application was incorrect and the household was originally ineligible;

(i) Applicant resides in public or subsidized housing where heat is included in the rent;

(j) Household as constituted at time of application has received assistance through Maryland Energy Assistance Program during the current program year; or

(k) Applicant resides in an assisted living facility.

(4) Notice of Denial.

(a) The local agency shall mail notification to the applicant of the decision to deny the application within 10 working days of the decision.

(b) The written notice shall include:

(i) The reason for the denial;

(ii) The COMAR citation of the regulation supporting the decision to deny the application;

(iii) An explanation of the applicant's right to appeal the decision and the method for requesting an administrative hearing set forth in Regulation .12 of this chapter; and

(iv) The date by which the local agency shall receive the applicant's administrative hearing request.

(5) Delaying MEAP Benefits. The local agency may delay the delivery of MEAP benefits if:

(a) The applicant moves to another residence that cannot be serviced by the household's originally designated energy supplier;

(b) The local agency has reason to believe the applicant or the applicant's representative provided incorrect information on the application; or

(c) The applicant or the applicant's representative fails to notify the local agency of a new address and the local agency cannot contact the applicant.

(6) The applicant or the applicant's representative shall notify the local agency of the applicant's new energy supplier if the applicant changes residence to an area serviced by another energy supplier.

E. Unused benefits. The energy supplier shall return any unused benefit, for which the applicant may not be held liable, to the local agency or the Department of Human Services as specified by the Administration in its procedures.

F. Termination of MEAP Benefits.

(1) The local agency shall terminate an applicant's MEAP benefits and notify the energy supplier to return the applicant's unused benefits to the local agency if the applicant:

(a) Move to a residence outside of the State;

(b) Move to an area outside of the applicant's energy supplier's service area and fails to report the new address to the local agency;

(c) Is no longer a customer of the energy supplier receiving the benefit;

(d) Submits an application for an individual who has died;

(e) Abandons the residence;

(f) Informs the local agency that the benefit is not wanted;

(g) Moves to an assisted living facility;

(h) Is incarcerated; or

(i) Supplies incorrect information at application and the applicant was originally ineligible.

(2) If the local agency determines that termination of the benefit is required, the local agency shall notify the household in writing. The written notice shall include:

(a) The reason for termination;

(b) The COMAR citation supporting the decision; and

(c) An explanation of the applicant's right to appeal and method for requesting an administrative hearing.