Md. Code Regs. 07.03.17.51

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.03.17.51 - Adverse Action

A. Definitions.

(1) In this regulation, the following terms have the meanings indicated.

(2) Terms Defined.

(a) "Timely" means that the notice is sent at least 10 calendar days before the action is taken.

(b) "Adequate" means that the notice includes:

(i) The action to be taken;

(ii) The reason for the action;

(iii) A notice of the household's right to and the method for requesting a fair hearing; and

(iv) The availability of any free legal services.

B. Timely and Adequate Notice.

(1) Before taking any action to reduce or terminate a household's benefits within the certification period, the local department shall give timely and adequate notice.

(2) The local department may send an adequate notice not later than the date the household receives or would have received its allotment if the:

(a) Household reports in writing information which results in reduction or termination of benefits; and

(b) Local department can determine the household's allotment or ineligibility solely upon the household's written information.

(3) When an EBT system error occurs during the redemption process which results in an out-of-balance settlement condition, the Department shall send adequate notice not later than the date of the action to adjust the account.

C. Request for a Fair Hearing and Continuation of Benefits.

(1) If the household requests a fair hearing within 10 days of the notice of intended action as described in §B of this regulation and does not specifically waive continuation of benefits, the local department:

(a) May not take the proposed adverse action; and

(b) Shall continue the allotment at the same level pending the hearing decision but not beyond the end of the certification period.

(2) A fair hearing request is effective if it is received in the local department as specified in COMAR 07.01.04.03F.

(3) EBT Adjustments. If there are no benefits or insufficient benefits remaining in the household's account, the Department shall make the adjustment from only the next month's benefits regardless of whether this satisfies the full adjustment amount.

D. An individual notice of adverse action may not be provided to a household when:

(1) The Department initiates a mass change that affects the entire Program caseload or a significant portion of the caseload;

(2) The local department determines that all members of a household have died;

(3) The local department determines that the household has moved from the local department area;

(4) The benefit returns to its original level when restoration of lost benefits has been completed and the household was previously notified in writing of the date the increased allotment would end;

(5) The household was notified at certification that its benefits would vary from month to month;

(6) The household made a joint PA-FSP application and has been receiving Program benefits, and was notified at certification that Program benefits would be reduced upon approval of the PA application;

(7) A household member is disqualified for intentional program violation, or the benefits of the remaining household members are reduced or terminated;

(8) A household certified on an expedited basis fails to provide postponed verification after the local department provided written notice that verification was necessary for benefits to continue beyond the month of application;

(9) The local department converts an allotment from cash and Program benefit repayment to allotment reduction as a result of the household's failure to make agreed upon payments as specified in Regulation .55 of this chapter;

(10) The local department terminates the eligibility of a resident of a drug or alcoholic treatment center or group living arrangement because the facility either lost its certification from the State or had its status as an authorized representative food retailer suspended by the United States Department of Agriculture, Food and Nutrition Service; or

(11) The household voluntarily requests, in writing or in the presence of a caseworker, that its participation be terminated.

Md. Code Regs. 07.03.17.51

Regulations .51 adopted effective December 25, 2000 (27:25 Md. R. 2280)
Regulation .51A amended effective February 17, 2003 (30:3 Md. R. 177)