Maryland Administrative Code

.01 Purpose. 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 deliv…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Department” means the Department of Human Services. (2) “Disability” means a state of being mentally, physically, or emotionally impaired. (3) “Local department” means the…

.03 Nondiscrimination Requirement. 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 servi…

.04 Discrimination Prohibited. 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) Den…

.05 Affirmative Action Program. 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 lim…

.06 Minority Business Enterprise. 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) Mainten…

.07 Compliance. 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.

.08 Filing Complaints of Discrimination. 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 employme…

.01 Scope. 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 Chil…

.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 fro…

.03 Appeal Request. 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 pro…

.04 Processing of Appeal Requests. 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 al…

.05 Continuation of Assistance Pending Appeal. 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 time…

.06 Denial or Dismissal of Request for Appeal. 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 appella…

.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…

.08 Prehearing Procedures. 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 …

.09 Motions. 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. (2) A writte…

.10 Hearing Procedures. 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) Li…

.11 Failure to Appear. 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 a…

.12 Burdens of Going Forward and Persuasion. 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 applican…

.13 Ex Parte Communication. 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 kno…

.14 Transcripts. 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 p…

.15 Administrative Law Judge's Decision. 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 co…

.16 Final Decision. 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…

.17 Proposed Decision. 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 sp…

.18 Exceptions. 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; …

.19 Final Decision of the Secretary. 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. B. The Secretary's f…

.20 Reconsideration. 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 dec…

.21 Delegation and Revocation of Hearing Authority. 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…

.01 Purpose. 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…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administration” means the Social Services Administration of the Department of Human Services. (2) “Adoption” means the legal proceeding: (a) By which an individual becomes…

.03 State Board Responsibilities. 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…

.04 Local Board Responsibilities. 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) …

.05 Procedures for Conducting the Citizen Review of Out-of-Home Placement. 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 depart…

.06 Responsibilities of the Local Department. 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 a…

.07 Responsibilities of the Department. A. The Secretary shall ensure the timely and accurate flow of information requested by the State and local boards to perform: (1) Timely and meaningful case reviews; and (2) Program monitoring functions. B. The Secretary shall take immediat…

.08 Confidentiality. State and local review board members and staff shall maintain confidentiality pursuant to COMAR 07.01.07.

.01 Scope. A. With the exception of child protective services records, this chapter governs confidentiality of records and information of the Department of Human Services and local departments. COMAR 07.02.07 governs the confidentiality of child protective services records. B. If…

.02 Definitions. 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 administratio…

.03 General Right to Information. Except as prohibited by federal or State law, including this chapter, a custodian shall grant the proper request of a person for access to any record of the Department if provisions are made for the protection of the identity of: A. The reporter …

.04 Program Records. A. Except as permitted by other law or regulation, a custodian shall deny a request for disclosure of any information or record concerning an applicant for service or customer under the following programs: (1) Social Services; (2) Family Investment; (3) Purch…

.05 Disclosure by Consent. A. An applicant or customer may consent to disclosure of specific information to a third party, if the requirements of this regulation are met. B. An applicant or customer identified in the record shall sign a written consent form, which includes the: (…

.06 Mandatory Denial of a Request for Disclosure of Other Records—General. A. A custodian of a record shall deny a request for disclosure: (1) If the disclosure requested is contrary to any: (a) State or federal statute or regulation, (b) Maryland Rule of Procedure, or (c) Court …

.07 Discretionary Denial of Request for Disclosure of Records. An official custodian may deny disclosure or personal review of a record otherwise required to be disclosed if: A. The official custodian believes that disclosure is contrary to: (1) The public interest; (2) In a chil…

.08 Reporting Crimes, Child Abuse, and Neglect. The following prevail over the confidentiality provisions of this chapter: A. Suspected child abuse or neglect, or abuse, neglect, self-neglect, or exploitation of a vulnerable adult, shall be reported in accordance with the provisi…

.09 Continuing Requirements of Confidentiality. When the custodian of the record discloses confidential information to an individual other than an employee of the Department or a law enforcement agency in accordance with this chapter and COMAR 07.01.02, the custodian shall inform…

.10 Criminal Penalty. A court may find a disclosure of confidential information in violation of this chapter to: A. Be a criminal offense punishable by a fine of not more than $500, or by 90 days imprisonment, or both; and B. Result in civil liability for damages.

.11 Limitations on Information Sent to Customers. A. Materials sent or distributed to an applicant for service or customer, or to vendors of medical services provided to customers of public assistance, shall: (1) Be directly connected to the administration of the respective progr…

.12 Protection of Customer Case Files and Other Public Records. A. A local department shall have written policies establishing procedures for the: (1) Maintenance of customer case files; and (2) Removal and return of materials to customer case files. B. The Department shall safeg…

.01 Purpose. This chapter establishes procedures for a person in interest to request the correction or amendment of personal records in the Department of Human Services or the local department under State Government Article, §10-625, Annotated Code of Maryland.