Md. Code Regs. 07.01.04.07

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

Section 07.01.04.07 - Scheduling and Notice

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.

B. Intentional Program Violation Appeal. When the agency makes a referral to OAH concerning an intentional program violation, OAH shall:

(1) Promptly schedule a hearing; and

(2) Send the parties a hearing notice at least 30 calendar days before the scheduled hearing.

C. Hearing Notice. The hearing notice shall:

(1) Summarize the hearing procedures;

(2) Advise the appellant of:

(a) The date, time, and place of the hearing,

(b) The right to be represented at the hearing by a lawyer, relative, friend, or other individual,

(c) The availability of any free legal services,

(d) The right to present documents and witnesses, including agency employees, at the hearing,

(e) The right to examine the agency's case record in preparation for the hearing,

(f) The procedure to follow if the appellant cannot attend the hearing, and

(g) Except in an appeal concerning an intentional program violation, the authority of an administrative law judge to dismiss the appeal if the appellant fails, without good cause, to attend the hearing; and

(3) In an appeal concerning an intentional program violation, include:

(a) The charge,

(b) A warning that the decision shall be based solely on information provided at the hearing if the appellant fails to appear at the hearing,

(c) A statement that, to have a hearing rescheduled, the appellant has 10 calendar days from the date of the hearing to present to the administrative law judge good cause for not appearing and for not asking for a postponement before the hearing,

(d) A description of the disqualification penalties and a statement of the applicable penalty,

(e) A statement of the appellant's rights during the hearing, and

(f) A warning that the hearing does not preclude the State or federal government from prosecuting the appellant or pursuing collection of the overpayment.

D. Child Support Enforcement Record Review. Upon receipt of a request for a record review pursuant to COMAR 07.07, OAH shall send notice of:

(1) The date on which the record review will be conducted;

(2) The agency's obligation to submit the relevant collection record before the scheduled record review;

(3) The parties' right to submit additional evidence not later than 5 calendar days before the scheduled record review; and

(4) The appellant's right to examine the collection record in preparation for submitting additional evidence.

E. Upon being advised by the appellant or an agency that an appellant plans to move from the State, OAH shall expedite the processing of the appeal so that a final administrative decision may be rendered before the move.

F. OAH may schedule a group hearing when it receives multiple appeal requests concerning a change in State or federal law or regulation to the extent that each appellant has waived the right to confidentiality.

G. Consolidated Appeals.

(1) OAH may consolidate appeals concerning a single appellant when the factual issues arise out of the same circumstances.

(2) OAH shall provide notice to the parties of the consolidation before the hearing.

(3) If one of the appeals concerns an intentional program violation, OAH shall follow the time frames applicable to intentional program violation appeals, unless those time frames are waived at the appellant's request.

Md. Code Regs. 07.01.04.07