Md. Code Regs. 07.01.04.02

Current through Register Vol. 51, No. 17, August 23, 2024

Section 07.01.04.02 - Definitions

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.

Md. Code Regs. 07.01.04.02