Sec. 10.22.16.06. Implementation of Action of the Secretary

A. The action of the Secretary, which is the subject of a request for a hearing, may not be implemented unless the:

(1) Secretary has determined that an emergency exists when to delay action for a hearing would have a serious and adverse affect on the health or safety of any person;

(2) Applicant or recipient has withdrawn or abandoned the request for a hearing; or

(3) Applicant or recipient has failed in the applicant's or recipient's challenge of any action or inaction of the Secretary under Health-General Article, §7-406, Annotated Code of Maryland, and the enforcement of the final decision has not been stayed pursuant to State Government Article, §10-215.

B. When a request for a hearing has been made and the appellant is asking that the Secretary take certain action, the requested action need not be implemented unless the appellant is successful in the appellant's challenge under Health-General Article, §7-406.