Sec. 10.20.01.10. Informal Reconsiderations and Hearings

A. Informal Reconsideration.

(1) An applicant, recipient, or provider dissatisfied with a decision, action, or inaction of the Department under this chapter shall be granted an opportunity for an informal reconsideration of the matter.

(2) The informal reconsideration shall include:

(a) Written notice to the applicant, recipient, or provider of the decision or action taken by the Department and the basis for the decision or action;

(b) If applicable, a written description of the basis for the Department's inaction;

(c) A reasonable opportunity for the applicant, recipient, or provider to refute the basis of the Department's decision, action, or inaction; and

(d) A written affirmation or reversal of the Department's decision, action, or inaction.

(3) The opportunity to refute the Department's decision, action, or inaction specified in §A(2)(c) of this regulation may be provided:

(a) In a meeting with a representative of the Program at the offices of the Program;

(b) By telephone conference; or

(c) In writing.

B. Hearings.

(1) The Department shall grant an opportunity for a hearing to an applicant or recipient who:

(a) Is determined to be ineligible for benefits under the Program;

(b) Is terminated from enrollment in the Program; or

(c) Is otherwise denied benefits under the Program due to a decision, action, or inaction of the Department.

(2) An applicant or recipient requesting a hearing shall notify the Department of the request within 30 days of the date of receipt of the notice of final decision or intended action by the Department.

(3) Hearings shall be conducted in accordance with COMAR 10.01.03.