reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 21 - Homel essness Solutions Programs › Chapter 05.21.01 - Homelessness Solutions Programs › Section 05.21.01.04 - Eligible Recipients and Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Rental Allowance Program.
(1) Eligible recipients are:
(a) Households with an annual income below 30 percent of the area median income and are homeless; and
(b) Households who are at risk of homelessness.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 21 - Homel essness Solutions Programs › Chapter 05.21.01 - Homelessness Solutions Programs › Section 05.21.01.05 - Grant Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. Grant applications shall be accepted in one or more rounds to be announced by the Department.
B. A grant application submitted to the Department shall:
(1) Be on standard forms prescribed by the Department;
(2) Be submitted by an eligible applicant;
(3) Be for an eligible use;
(4) Detail the need for homeless services in the applicant's area, including:
(a) The proposed plan for addressing those needs;
(b) The services for which funding is requested; and
(c) The providers who will be receiving funding under the applicant's proposed plan;
(5) Provide a budget, acceptable to the Department that at a minimum shows anticipated project costs and expenses;
(6) Contain the organizational documents of the applicant unless applicant is a local government; and
(7) Include other information or documentation that the Department may require.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 21 - Homel essness Solutions Programs › Chapter 05.21.01 - Homelessness Solutions Programs › Section 05.21.01.06 - Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may establish from time to time detailed program guidelines or manuals containing application schedules, procedures, processing requirements, and other requirements or matters relating to the Programs.
B. The Department shall ensure that program guidelines and application forms are publicly available on its website and at its offices.
C. After a grant has been awarded to a grantee, the Department may:
(1) Commence and pursue any action to protect or enforce any right conferred by law, contract, or other agreement;
(2) Modify any provision of any grant in order to facilitate the successful completion or operation of a program; and
(3) Exercise all powers authorized under the Act that are necessary or desirable for the implementation of the program, including, but not limited to, termination of a grant or refusal to make additional disbursements under a grant agreement if the Department finds that the grantee is not complying with any of the requirements of the program or the grant agreement.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 21 - Homel essness Solutions Programs › Chapter 05.21.01 - Homelessness Solutions Programs › Section 05.21.01.07 - Delivery of Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. The provider shall use an application document substantially similar to application documents used for other clients of the provider.
B. The provider shall assess the application document and determine eligibility.
C. The provider or grantee shall create a client-centered case plan for all clients receiving services.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 21 - Homel essness Solutions Programs › Chapter 05.21.01 - Homelessness Solutions Programs › Section 05.21.01.08 - Books and Accounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. A grantee and its contractors and subcontractors shall maintain books, accounts, and records and shall file with the Department financial and other reports as the Department may from time to time require.
B. All of these books, accounts, and records shall be open to the inspection of representatives of the Department or other agencies of the State during reasonable working hours.
C. Books, accounts, and records of designated third parties, contractors, and subcontractors shall be maintained and made available for inspection for 3 years past the date of termination of the contractual relationship between a provider, contractor, or subcontractor and the grantee.
D. Grantees shall submit reports to the Department on the progress or implementation of a project in accordance with an agreement with the Department.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 21 - Homel essness Solutions Programs › Chapter 05.21.01 - Homelessness Solutions Programs › Section 05.21.01.09 - Reports and Forms

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall provide to the grantee all instructions, data elements, and other components necessary to carry out program requirements.
B. The grantee shall transmit to providers the forms that are applicable to the providers.
C. The grantee shall make reports required by the Department.
D. The grantee shall retain all records relating to services for a period of time defined by the program guide, and for a minimum of 3 years.
E. Confidentiality.
(1) The grantee may not disclose identifying information regarding an applicant or client without written authorization to do so from the applicant or client, except to the Department's employees authorized to monitor or audit the program.
(2) The grantee shall maintain all written records regarding applicants and clients in a secure, locked location.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 21 - Homel essness Solutions Programs › Chapter 05.21.01 - Homelessness Solutions Programs › Section 05.21.01.10 - Grievance Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. This section applies to grantees and providers identified under Regulation .04E of this chapter.
B. Written Grievance Procedures.
(1) Grantees and providers shall maintain written grievance procedures for termination and denial of benefits.
(2) The written procedures shall be submitted with grant applications under Regulation .05 of this chapter and shall be approved by the Department.
(3) A copy of the written procedures shall be provided to applicants upon application for benefits, and to recipients upon award of benefits.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 21 - Homel essness Solutions Programs › Chapter 05.21.01 - Homelessness Solutions Programs › Section 05.21.01.11 - Nondiscrimination; Drug and Alcohol Free Workplace

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant may not discriminate on the basis of race, color, religion, national origin, sex, marital status, physical or mental disability, sexual orientation, gender identity, or age, except with regard to age as permitted under the federal Housing for Older Persons Act, as amended from time to time, or other similar federal laws, in any aspect of the Program, or in any aspect of employment by any applicant in connection with any project financed or assisted under the Program.
B. An applicant shall comply with all applicable federal, State, and local laws and Department policies and programs regarding discrimination and equal opportunity in employment, housing, credit practices, and drug and alcohol free workplaces, including:
(1) Titles VI and VII of the Civil Rights Act of 1964, as amended;
(2) Title VIII of the Civil Rights Acts of 1968, as amended;
(3) The Fair Housing Amendments Act of 1988, as amended;
(4) State Government Article, Title 20, Annotated Code of Maryland, as amended;
(5) The Department's Minority Business Enterprise Program, as amended;
(6) The Governor's Executive Order 01.01.1989.18, Drug and Alcohol Free Workplace, and any Department or State regulations adopted or to be adopted to carry out the requirements of that Order; and
(7) The Americans with Disabilities Act of 1990, as amended.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 21 - Homel essness Solutions Programs › Chapter 05.21.01 - Homelessness Solutions Programs › Section 05.21.01.12 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may waive or vary provisions of this chapter to the extent that the waiver or variance is consistent with the Act and if, in the written determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 21 - Homel essness Solutions Programs › Chapter 05.21.01 - Homelessness Solutions Programs › Section 05.21.01.13 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may not knowingly make or cause to be made a false statement or report in any document required to be furnished to the Secretary or the Department by an agreement relating to the grant.
B. An individual applying for or benefiting from a grant under the Program may not knowingly make or cause to be made a false statement or report for the purpose of influencing the action of the Secretary or the Department on a grant application or for the purpose of influencing the action of the Secretary or the Department affecting the grant already provided.
C. An individual who violates §A or B of this regulation is subject to immediate cancellation of the grant provided by the Program and any other penalties authorized by law.
Code of Maryland Regulations › Title 05 - DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT › Subtitle 21 - Homel essness Solutions Programs › Chapter 05.21.01 - Homelessness Solutions Programs › Section 05.21.01.14 - Severability

Current through Register Vol. 51, No. 14, July 12, 2024
The provisions of these regulations are severable. A judgment by any court of competent jurisdiction finding or declaring that any provisions of these regulations or the application of any provision to any person or circumstance is invalid does not affect the validity of the remaining provisions of the regulations or any other application of these regulations, and the remaining regulations shall have full force and effect as if no judgment had been entered.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.01 - Regulation Adoption and Declaratory Rulings › Section 07.01.01.01 - Secretary of the Department

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary of Human Resources is responsible for promulgating the regulations of the Department.
B. For all agencies within the jurisdiction of the Department, the Secretary shall:
(1) Review all proposed new regulations and amendments to regulations; and
(2) Adopt, revise, or disapprove the proposed action.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.01 - Regulation Adoption and Declaratory Rulings › Section 07.01.01.02 - Adoption of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary shall propose and adopt all new, amended, and repealed regulations for regular promulgation and emergency action as prescribed in the Administrative Procedure Act, Annotated Code of Maryland.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.01 - Regulation Adoption and Declaratory Rulings › Section 07.01.01.03 - Waivers of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may waive any regulation in this title for:
A. Purposes of a pilot or demonstration program; and
B. A maximum of 3 years from the date of the program implementation at which time the Secretary shall instruct the agency responsible for the pilot or demonstration program to:
(1) Dissolve the pilot or demonstration program, or
(2) Submit a petition to promulgate regulations to establish a permanent program.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.01 - Regulation Adoption and Declaratory Rulings › Section 07.01.01.04 - Petition for the Adoption or Waiver of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who May File.
(1) An interested person may file a petition with the Secretary requesting the promulgation, amendment, or repeal of a regulation.
(2) A subdivision within the jurisdiction of the Department, as specified in Regulation .01C of this chapter, may file a petition requesting a waiver of a regulation for purposes of a pilot or demonstration program.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.01 - Regulation Adoption and Declaratory Rulings › Section 07.01.01.05 - Petition for Declaratory Rulings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who May File. Any person may file with the Secretary a petition for a declaratory ruling regarding the applicability of a statute or regulation pertaining to the Department to any:
(1) Person;
(2) Property; or
(3) State of facts.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.02 - Procedures for Access to Records › Section 07.01.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes procedures for requesting and gaining access to records and information of the Department of Human Resources and the local departments of social services.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.02 - Procedures for Access to Records › Section 07.01.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means the Public Information Act, State Government Article, §
										10-611 et seq., Annotated Code of Maryland.
(2) "Administration" means any of the following administrations within the Department of Human Resources:
(a) Social Services Administration;
(b) Family Investment Administration;
(c) Child Support Enforcement Administration.
(3) "Custodian" means an authorized employee of the Department, an administration, or a local department having actual control and custody of a record.
(4) "Department" means the Department of Human Resources, its administrations, and the local departments.
(5) "Information" means any part of a record, in any form.
(6) "Local department" means the department of social services in a county or Baltimore City, and the Montgomery County Department of Health and Human Services.
(7) "Official custodian" means the executive head of the Department, administration, or local department in which a record is located.
(8) "Record" means the original or any copy of any documentary material, in any form, in the transaction of public business, that is made by, received by, or received from:
(a) The State;
(b) Any county or city of the State; or
(c) Any subdivision or agency of the State, a county, or a city.
(9) "Requestor" means a person requesting disclosure of or access to a record.
(10) "State" means the State of Maryland.
(11) "Working day" means a day other than a Saturday, Sunday, State holiday, or other day on which State offices are not open for official business.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.02 - Procedures for Access to Records › Section 07.01.02.03 - Requestor's Procedure for Requesting Disclosure or Personal Review of a Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. A request for information from, or an opportunity to review, a record of the Department, an administration, or a local department shall be made to the custodian of the record.
B. Requests to personally review a record shall be in writing.
C. Requests For Information From a Record.
(1) Requests may be made orally or in writing.
(2) The custodian may require that an oral request be made in writing, if the custodian reasonably believes that having the request in writing will assist the custodian in responding to the request.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.02 - Procedures for Access to Records › Section 07.01.02.04 - Department's Procedures for Responding to a Request for Disclosure or Personal Review of a Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. Oral Requests for Information.
(1) If the individual who receives a request is not the custodian of the record, the individual shall immediately provide the requestor with reasonably obtainable information as to the identity and location of the custodian of the record.
(2) Within 10 working days of receiving a request, the custodian of a requested record shall take the needed actions set forth in §A(3) of this regulation that are permitted by this chapter and other applicable State and federal confidentiality regulations and laws.
(3) The custodian shall:
(a) Provide the requestor, either orally, in writing, or by sending or faxing a copy of the relevant documents, with whatever requested information may be released;
(b) Deny the request as to information which cannot be disclosed as a matter of law; or
(c) Advise the requestor to submit a written request in accordance with §B of this regulation and Regulation .03C of this chapter.
(4) In denying an oral request for information, the custodian shall give the reason for the denial.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.02 - Procedures for Access to Records › Section 07.01.02.05 - Court-Ordered Denial of Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
If the official custodian believes that disclosure of a record would cause substantial injury to the public interest, but no other regulation or law permits denial of the request, the custodian may:
A. Temporarily deny disclosure of the record; and
B. Within 10 working days of the denial, petition the circuit court for the jurisdiction in which the record is located for an order permitting continued denial of inspection.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.02 - Procedures for Access to Records › Section 07.01.02.06 - Response to a Subpoena

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, under a subpoena, a custodian is required to produce or testify about a record, disclosure of which is not permitted by this chapter, the custodian shall:
(1) Call the court's attention to this chapter and any other relevant confidentiality law, including applicable federal regulations; and
(2) Ask the court for permission not to comply with the subpoena.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.02 - Procedures for Access to Records › Section 07.01.02.07 - Administrative and Judicial Review of Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the custodian denies a written request for inspection for a reason other than because the official custodian has obtained a court order under Regulation .05 of this chapter, the requestor may:
(1) Within 30 days of receipt of notice of the denial, request an administrative hearing on the denial; or
(2) File an appropriate action in circuit court in accordance with State Government Article, §10-623, Annotated Code of Maryland.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.02 - Procedures for Access to Records › Section 07.01.02.08 - Time and Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
If the custodian grants a request to review a record, the requestor may inspect the record at the agency at which the public record is located, during the agency's normal working hours, or at a more suitable and convenient place for inspection requested by the requestor and approved by the custodian.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.02 - Procedures for Access to Records › Section 07.01.02.09 - Copies

Current through Register Vol. 51, No. 14, July 12, 2024
A requestor who is authorized to review a record is entitled to receive a copy of that record.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.02 - Procedures for Access to Records › Section 07.01.02.10 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The custodian may charge the requestor the fee set forth in §B of this regulation for the search for, and preparation, reproduction, and delivery of, a record authorized to be disclosed.
B. Unless provided otherwise by other statute or regulation, the duplication fee schedule is:
(1) 25 cents a page when reproduction can be made by a photocopying machine located within the agency of the custodian of the record;
(2) The actual cost of reproduction when the record is not susceptible to photocopying or needs to be copied outside the agency;
(3) An additional $1 a page if the requestor asks that a copy be certified as a true copy of the original;
(4) A reasonable fee for any time in excess of 2 hours which is spent by agency staff searching for the record, preparing the record for inspection, or copying the record; and
(5) If the requestor asks that copies be mailed or delivered to the requestor, the cost of postage or delivery.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.02 - Procedures for Access to Records › Section 07.01.02.11 - Criminal Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A court may find a willful or knowing violation of this chapter to be a criminal misdemeanor punishable by a fine not exceeding $1,000.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.03 - Nondiscrimination › Section 07.01.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter establishes the requirements necessary for the Department and its contractors to comply with State and federal nondiscrimination and Minority Business Enterprise laws and policies.
B. These requirements affect all areas of employment and service delivery by the Department and its contractors.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.03 - Nondiscrimination › Section 07.01.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Department" means the Department of Human Resources.
(2) "Disability" means a state of being mentally, physically, or emotionally impaired.
(3) "Local department" means the local department of social services in a county or Baltimore City, and the Montgomery County Department of Health and Human Services.
(4) "Secretary" means the Secretary of Human Resources.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.03 - Nondiscrimination › Section 07.01.03.03 - Nondiscrimination Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. As a State agency and a recipient of federal funds, the Department, local departments, and individuals receiving funds through the Department may not engage in discriminatory practices.
B. Services to the Public.
(1) In the provision of services to the public, discrimination is prohibited based on:
(a) Race;
(b) Religion;
(c) Color;
(d) National origin;
(e) Sex;
(f) Physical or mental disability;
(g) Age; or
(h) Sexual orientation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.03 - Nondiscrimination › Section 07.01.03.04 - Discrimination Prohibited

Current through Register Vol. 51, No. 14, July 12, 2024
A. Delivery of Services.
(1) In the delivery of services, the Department or local departments may not, on the grounds of religious or political opinion or affiliation, race, color, national origin, sex, physical or mental disability, or age:
(a) Deny any aid, care, service, or other benefits provided under any program;
(b) Subject any individual to segregation or separate treatment related to the receipt of any aid, care, service, or other benefit provided under any program;
(c) Treat an individual differently from others in determining whether the individual satisfies requirements which all individuals must meet in order to receive any aid, care, service, or benefit under the program; or
(d) Fail or refuse to refer for employment or training except in employment when this distinction represents a bona fide qualification for employment or training.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.03 - Nondiscrimination › Section 07.01.03.05 - Affirmative Action Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department or local departments shall maintain an affirmative action program to enhance equal access to employment and employment opportunity in accordance with §B of this regulation.
B. The Affirmative Action Program includes but is not limited to:
(1) Recruitment or recruitment advertising;
(2) Employment promotion, upgrading, demotion, transfer, layoff, or termination;
(3) Changes to rates of pay or other forms of compensation; and
(4) Selection for training.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.03 - Nondiscrimination › Section 07.01.03.06 - Minority Business Enterprise

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department and local departments shall ensure fair participation by certified minority business enterprises (MBE) in accordance with applicable procurement laws and regulations in the procurement of:
(1) Supplies;
(2) Services;
(3) Maintenance; and
(4) Construction.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.03 - Nondiscrimination › Section 07.01.03.07 - Compliance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary shall ensure the Department's compliance with the regulations of this chapter.
B. All Department staff shall be aware of and comply with the regulations of this chapter.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.03 - Nondiscrimination › Section 07.01.03.08 - Filing Complaints of Discrimination

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual acting on behalf of a customer or employee of the Department or local department may file a written complaint of any discriminatory events or circumstances prohibited by these regulations.
B. Complaints concerning employment may be filed with the:
(1) Department's Office of Employment and Program Equity;
(2) Department of Budget and Management, Office of Personnel Services and Benefits, Employee Relations Unit;
(3) Maryland Commission on Human Relations;
(4) Federal Equal Employment Opportunity Commission; or
(5) Department or agency with jurisdiction over a program.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to contested case hearings relating to:
(1) All programs provided for in COMAR 07.02 Social Services Administration;
(2) All programs provided for in COMAR 07.03 Family Investment Administration;
(3) All programs provided for in COMAR 07.07 Child Support Enforcement Administration; and
(4) Other programs specifically referring to this chapter.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administrative law judge" means an administrative law judge of the Office of Administrative Hearings.
(2) Agency.
(a) "Agency" means the agency providing assistance or from which assistance has been requested.
(b) "Agency" includes:
(i) Local departments of social services;
(ii) The Child Support Enforcement Administration; and
(iii) Any other agency administering or providing assistance under contract with the Department of Human Resources or other agency pursuant to Title XX of the Social Security Act.
(3) "Appellant" means an applicant, recipient, or other individual who is:
(a) Authorized by regulation to request an appeal under this chapter; or
(b) The subject of an intentional program violation proceeding.
(4) "Applicant" means an individual for whom assistance has been requested, or the individual's authorized representative.
(5) "Assistance" means a benefit or service provided by any program to which this chapter applies.
(6) "Authorized representative" means:
(a) An individual, organization, or institution authorized to act on behalf of an individual who receives or has received assistance, or for whom assistance has been requested; or
(b) An individual, organization, or institution designated by an appellant to assist in an appeal under this chapter.
(7) "Hearing" means a contested case hearing as defined in State Government Article, §
										10-202(d), Annotated Code of Maryland.
(8) "Intentional program violation" means an intentional program violation under COMAR 07.03.10.
(9) "Office of Administrative Hearings (OAH)" means the unit within the Executive Branch established by State Government Article, §
										9-1602, Annotated Code of Maryland.
(10) "Party" means:
(a) The appellant;
(b) The agency;
(c) In a case concerning enforcement of a child support obligation, any individual to whom the appellant owes child support by order of a court; and
(d) Any other individual deemed by OAH to be a proper party.
(11) "Recipient" means an individual who receives or has received assistance, or that individual's authorized representative.
(12) "Record review" means a review of relevant agency records and of any evidence submitted by a party.
(13) "Secretary" means the Secretary of Human Resources or a designee of the Secretary.
(14) "Secretary's delegation" means the Secretary's delegation of hearing authority made pursuant to State Government Article, §
										10-205, Annotated Code of Maryland, and Regulation .21 of this chapter.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.03 - Appeal Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appeal by Applicant. An applicant may request a hearing when the agency:
(1) Denies in full or in part an application for assistance;
(2) Denies in full or in part an application for licensing, approval, or registration;
(3) Fails to act with reasonable promptness on an application for, or a request for adjustment of, assistance; or
(4) Gives notice of its intention to take any of the actions listed in §A(1)-(3) of this regulation.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.04 - Processing of Appeal Requests

Current through Register Vol. 51, No. 14, July 12, 2024
A. The procedures in this regulation do not apply to appeals concerning child support enforcement. OAH is responsible for processing child support appeal requests.
B. The agency shall establish procedures to acknowledge receipt of and process all appeal requests in a timely manner.
C. Within 5 business days of either the filing date of a written appeal request or the date that an oral request is reduced to writing, the agency shall:
(1) Forward the following information to OAH:
(a) Date of the request,
(b) Name and address of the appellant,
(c) Name and address of the agency representative,
(d) Action being appealed,
(e) Date of the action being appealed; and
(f) Date notice of the action was mailed to the appellant; and
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.05 - Continuation of Assistance Pending Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation and COMAR 07.02.25, assistance shall be automatically continued or reinstated if the filing date of the appeal request is within 10 calendar days of the later of:
(1) The mailing of timely and adequate notice from the agency;
(2) The date of the agency's action if the agency failed to give timely notice; or
(3) The date by which the agency was required to act on an application or to make an adjustment in assistance, and the agency failed or refused to act.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.06 - Denial or Dismissal of Request for Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
OAH may deny or dismiss an appeal if:
A. The appeal request is not effective pursuant to Regulation .03 of this chapter;
B. The appellant withdraws the request in writing;
C. As provided in Regulation .11 of this chapter, the appellant fails to appear at the scheduled hearing;
D. Assistance has been reduced or terminated due to a change in federal or State law or regulation and the appeal does not concern misapplication of the change; or
E. The appellant has failed to pay any filing fees required by OAH.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.07 - Scheduling and Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in B and D of this regulation, upon receiving an appeal request, OAH shall:
(1) Promptly schedule a hearing; and
(2) Send the parties a hearing notice at least 15 calendar days before the scheduled hearing.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.08 - Prehearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Rescheduling.
(1) A party may request a change in a hearing time, date, or location by:
(a) Submitting a written request, with copies served on all parties, to the OAH clerk's office at least 5 business days before a scheduled hearing; or
(b) In the case of an unforeseen event requiring postponement and occurring less than 5 business days before a scheduled hearing, calling the OAH clerk's office as soon as possible.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.09 - Motions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Procedure.
(1) Unless otherwise provided by this chapter, a party may move for appropriate relief:
(a) Before a hearing or prehearing conference by submitting a written motion; or
(b) During a hearing or prehearing conference by making an oral motion.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.10 - Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A hearing conducted under this chapter is not open to the public. If the appellant waives the privilege of confidentiality, the administrative law judge may:
(1) Grant the appellant's request to allow a reasonable number of individuals to attend;
(2) Limit the number of individuals at the hearing; and
(3) Cause the removal of any individual whose conduct is detrimental to an orderly hearing.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.11 - Failure to Appear

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Except as provided in §C of this regulation, if, after receiving proper notice, a party fails to attend or participate in a prehearing conference or hearing, an administrative law judge may:
(1) Proceed in that party's absence; or
(2) Issue an order advising the party that unless the party establishes in writing within 20 calendar days good cause for failing to appear, a proposed or final default order, in accordance with the Secretary's delegation, will be entered without further notice to the parties.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.12 - Burdens of Going Forward and Persuasion

Current through Register Vol. 51, No. 14, July 12, 2024
A. When, by specific statute or regulation, the burden of going forward or the burden of persuasion rests upon a certain party, this regulation does not shift that burden.
B. Except as provided in §A of this regulation:
(1) An applicant who has requested a hearing pursuant to Regulation .03A of this chapter bears the burden of:
(a) Going forward to establish a prima facie case of entitlement to the assistance, approval, license, or registration sought, and
(b) Persuasion that the agency decision was incorrect;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.13 - Ex Parte Communication

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prohibited. Except in the presence of all parties, a party or a party's representative may not communicate regarding the merits of any issue in a case with:
(1) Anyone at OAH, including an administrative law judge; or
(2) The Secretary or anyone known to be representing the Secretary.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.14 - Transcripts

Current through Register Vol. 51, No. 14, July 12, 2024
A. A transcript need not be made unless requested by a party or the Secretary.
B. Cost.
(1) OAH shall establish the cost of recordings or transcripts.
(2) Unless otherwise ordered, the party requesting the recording or transcript shall bear the cost.
(3) When a party files exceptions, the Secretary may order that some or all of the cost be borne by other parties.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.15 - Administrative Law Judge's Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The administrative law judge shall render a proposed or final decision in accordance with the Secretary's delegation.
B. The decision shall:
(1) Be based on the record; and
(2) Contain:
(a) Separate statements of findings of fact and conclusions of law;
(b) Citation to pertinent State and federal law;
(c) An order; and
(d) A statement of the appellant's rights:
(i) In the case of a final decision, to seek judicial review, and
(ii) In the case of a proposed decision, to submit exceptions to the Secretary or seek judicial review.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.16 - Final Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this regulation, within 90 calendar days of the filing of the appeal request:
(1) The administrative law judge shall issue a final decision to all parties with a written statement of the right to seek judicial review; and
(2) The agency shall complete all administrative or corrective action necessary to implement the decision.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.17 - Proposed Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 60 calendar days of the filing of the appeal request, the administrative law judge shall issue a proposed decision with a written statement to the parties of the right to:
(1) Seek judicial review; and
(2) File exceptions with the Secretary and specifically request an opportunity to present oral argument.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.18 - Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any party may file exceptions with the Secretary within 10 calendar days of receiving the administrative law judge's proposed decision. Receipt of the proposed decision is presumed to occur 3 business days after mailing.
B. Exceptions shall:
(1) Be in writing;
(2) Contain:
(a) A concise statement as to each portion of the administrative law judge's determination to which exception is taken, and
(b) The asserted basis for taking the exception; and
(3) Be served on all parties to the proceedings and the Secretary.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.19 - Final Decision of the Secretary

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 90 calendar days of the filing of the appeal request:
(1) The Secretary shall issue a final decision; and
(2) The agency shall complete all administrative or corrective action necessary to implement the decision.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.20 - Reconsideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any party may request reconsideration of a final decision issued by an administrative law judge or the Secretary.
B. If the final decision maker receives a request for reconsideration within 30 calendar days of the date of the final decision, the final decision may be revised if it:
(1) Contains material errors of law or fact; or
(2) Was based upon fraud, mistake, or irregularity.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.04 - Administrative Hearings › Section 07.01.04.21 - Delegation and Revocation of Hearing Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary may delegate to OAH all or part of the authority to hear a contested case.
B. The Secretary has delegated to OAH the authority to issue the final decision of the agency in all cases to which this chapter applies except those specified in §C of this regulation.
C. The Secretary has delegated to OAH the authority to issue a proposed decision, including proposed findings of fact and proposed conclusions of law, in decisions rendered pursuant to:
(1) COMAR 07.02.11 Foster Care;
(2) COMAR 07.02.12 Adoption;
(3) COMAR 07.02.25 LDSS Foster Home Requirements; and
(4) COMAR 14.31.05 Licensing and Monitoring of Residential Child Care Programs.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.06 - Citizen's Review Board for Children › Section 07.01.06.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The Citizens' Review Board for Children (CRBC), formerly the Foster Care Review Board:
A. Reviews cases of children in out-of-home placement to promote their:
(1) Safety in out-of-home placement;
(2) Placement in a safe, nurturing, and permanent home; and
(3) Healthy development;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.06 - Citizen's Review Board for Children › Section 07.01.06.03 - State Board Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State Board shall:
(1) Promulgate policies and procedures relating to the functions of local boards;
(2) Adopt policies and procedures relating to reports and other information that any public or private agency or institution shall provide to State and local boards;
(3) Consult with the Administration before asking local departments for new types of information;
(4) Provide training to local boards;
(5) Review and coordinate the activities of the local boards;
(6) Write and distribute the annual report;
(7) Make recommendations to the General Assembly, the Department, the Administration, and other relevant body concerning:
(a) Out-of-home placement policies and procedures; and
(b) The removal of barriers to permanent placement for children in out-of-home placements; and
(8) Hire and evaluate the Administrator of CRBC.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.06 - Citizen's Review Board for Children › Section 07.01.06.04 - Local Board Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local board shall develop and adhere to local plans for citizen reviews which shall:
(1) Be developed through discussions with the local director and other partners as are mutually agreed upon by the local boards and local department;
(2) Be effective when approved by the:
(a) State Board, and
(b) Secretary; and
(3) Remain effective until renegotiated and approved by the Secretary and State Board.
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.06 - Citizen's Review Board for Children › Section 07.01.06.05 - Procedures for Conducting the Citizen Review of Out-of-Home Placement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local board shall invite interested individuals to the review in the following manner:
(1) At least 42 days before the review, notify the local department to send to the review:
(a) Any local department caseworker who is directly responsible for planning for the child's care; and
(b) The caseworker responsible for each child when sibling groups are reviewed;
Code of Maryland Regulations › Title 07 - DEPARTMENT OF HUMAN SERVICES › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 07.01.06 - Citizen's Review Board for Children › Section 07.01.06.06 - Responsibilities of the Local Department

Current through Register Vol. 51, No. 14, July 12, 2024
The local department shall:
A. Promptly and accurately enter all required data into CIS/FACTS;
B. Submit the names and addresses of interested individuals to CRBC at least 3 weeks before the review;
C. Notify the local board's staff assistant, at least 20 working days before the scheduled review, of any interagency or intercounty involvement;
D. Submit the child's case plan at least 1 week before the local review board meeting;
E. Arrange for required local department staff to:
(1) Attend local review board meetings when requested,
(2) Present the case verbally at the review meeting,
(3) Answer all pertinent questions from the local board, and
(4) Provide all documents as requested;