Crime: An act committed by any person which would be a crime under the laws of this County, the State of Maryland, Federal Law, or at Common Law. Department: Montgomery County Department of Health and Human Services. Director: The director of the Montgomery County Department of Health and Human Services or the director's designee at or above the level of program administrator. Fund: Crime Victim Compensation Fund. Immediate Family Member: A parent, child, spouse, or sibling of the victim. Income Eligible: A victim whose gross annual income is within the eligibility guidelines as set by the Montgomery County Housing Opportunity Commission for Federally subsidized benefits. Law Enforcement Agency: Defined for purposes of this regulation as: A. the Maryland State Police; B. the Montgomery County Police Department; C. the Police Department, Bureau, or Force of any incorporated city or town lying within Montgomery County; D. the Montgomery County Sheriff’s Department; E. appropriate Federal law enforcement agency; and F. any comparable law enforcement agency outside Montgomery County. Program: Victim Assistance and Sexual Assault Program of the Behavioral Health and Crisis Services Area of the Department of Health and Human Services. Program Administrator: Administrator of the Victim Assistance and Sexual Assault Program. Victim: A person who suffers direct or threatened physical, emotional, or financial harm as a result of a crime or attempted crime and includes immediate family members or household members. 2.1 The Department of Health and Human Services is responsible for establishing necessary departmental procedures to ensure the expeditious handling of all requests for victim compensation. 2.2 As part of the annual budget submission, the County Executive will state the amount raised by the Victim Assistance and Sexual Assault Program in the previous calendar year and recommend, in addition to the regular appropriation for the program, an additional appropriation necessary for a 2-1 County match of private donated funds. 3.1 In addition to self-referrals, the Program will accept referrals from the Police, the Courts, the State's Attorney's Office, the Abused Persons Program, and other individuals, programs, and agencies who have come into contact with victims of crimes. 4.1 To be eligible to receive compensation from the Fund, an individual must be a victim of a crime committed in Montgomery County or a resident of Montgomery County who is a victim of a crime in another jurisdiction where comparable compensation is not available. The crime must have been reported to an appropriate law enforcement, domestic violence or sexual assault agency within forty-eight hours after its occurrence or its discovery. The Program Administrator may waive this deadline if the administrator determines that it was difficult or impossible for the victim to meet the deadline. Reporting to an appropriate law enforcement agency means that a crime report number is issued and recorded in that law enforcement office. 4.2 In addition, immediate family members and household members of a victim are eligible to receive compensation from the Fund. 4.3 If a victim is deceased as a result of the crime, funeral, cremation, or other burial and final disposition services for the victim may be compensated from the fund. A funeral, cremation, or other burial and final disposition service provider may request and receive compensation for services provided on behalf of the victim. A person or entity may request and receive compensation for funeral, cremation, or other burial and final disposition service provided on behalf of the victim provided that proper documentation of payment to the service provider is submitted to the Program. 5.1 Income eligible victims are eligible for costs incurred for court appearances, claim hearings, and medical (including mental health) treatment; replacement of property lost as a result of a crime and needed for the well-being of the victim; and other services or financial assistance directly related to the effects of the crime on the victim. Total compensation per single criminal incident is limited to $5,000. 5.2 A member of a victim’s immediate family or household may receive compensation for mental health services only. Reasonable proof that a relationship qualifies under this subsection may be requested. Reasonable proof shall consist of one or more of the following: marriage certificate, birth certificate, lease or mortgage statement demonstrating joint residence; utility bills demonstrating joint residence; or documentation that the Director determines is equivalent to the above. 5.3 Compensation for mental health services for the victim’s immediate family or household members may not exceed $1,000 (20% of the maximum compensation) if the member of the immediate family or household meets income limits that apply to the victim. 5.4 Compensation for mental health services for the victim’s immediate family or household members may not exceed $500 (10% of the maximum compensation) if the member of the immediate family or household is not income eligible and the Director the Director waives the income limits. The Director may waive income eligibility if he determines doing so will promote the Fund’s purpose of assisting and supporting crime victims. 5.5 Compensation for mental health services paid for the victim’s immediate family or household members is not included in the victim’s total maximum compensation of $5,000 per single criminal incident. 5.6 Compensation for funeral, cremation, or other burial and final disposition service costs is included in the victim’s total maximum compensation amount of $5,000. 5.7 The Director may waive the income limits if the Director determines that the costs of the crime are likely to reduce the victim’s income below the income limits within twelve (12) months of the date of application for assistance. 5.8 Compensation, replacement of property and other financial assistance are available only to the extent that they are not available from insurance, the State victim compensation program, the Partnership Board for Victims of Hate Violence, or any other source. The Director may waive the income limits for a victim who is not income eligible for a maximum compensation of $500 (10% of the maximum compensation). Income eligibility may be waived if the Director determines doing so will promote the Fund’s purpose of assisting and supporting crime victims. Compensation, replacement of property and other financial assistance are available only to the extent that they are not available from insurance, the State victim compensation program, the Partnership Board for Victims of Hate Violence, or any other source. 6.1 To file a claim for compensation or property replacement, a person or entity eligible under 02.42A.01.04 must complete an application form and deliver the completed form to the Program. 6.2 To file a claim for compensation, a person or entity eligible under 02.42A.01.04 must sign a statement affirming that all information provided and statements made to the Program are true and based on personal knowledge. 6.3 Any claim for compensation must be filed by the victim, immediate family member or household member within 90 days after the crime is reported. The Program Administrator may waive the 90-day requirement if determined that it was difficult or impossible for the a person or entity eligible under 02.42A.01.04 to meet the deadline. 7.1 After receipt of referral, a Victim Assistant should attempt to contact the victim within seven (7) working days to determine eligibility. Contact shall be done by mail when necessary. This initial contact will include the review of information affecting victim’s eligibility, including but not limited to such items as general amount and urgency of need, potential insurance coverage and deductible amounts, and general income level of the victim. 7.2 If the victim is eligible for the program and desires assistance, a Victim Assistant will assist the victim in completing an application form. 7.3 Upon receipt of the compensation application form, the Victim Assistant will process the claim including, but not limited to, verification of the crime data, final eligibility determination and value assessment. 7.4 After investigation and determination of an appropriate compensation amount by the Victim Assistant, the Program Administrator shall approve or disapprove payment of the claim within 30 days of the Program Administrator determining that the application is complete, subject to the availability of funding. 7.5 The Program Administrator will prepare a written report on the Crime Victim Compensation Fund annually to the Victim Services Advisory Board. 8.1 The Victim Services Advisory Board will review the annual report presented by the Program Administrator and make recommendations for changes and/or improvements to the Director of the Department of Health and Human Services. 8.2 The Victim Services Advisory Board will include their review of the Crime Victim Compensation Fund in their annual report to the County Executive and County Council. 9.1 This regulation takes effect 30 days after approval by the County Council. Section 16-201(b), Health-General Article, Annotated Code of Maryland, requires political subdivisions to set charges and collect fees for health and health-related services funded in whole or in part by State or Federal funds. Services provided by the Montgomery County Department of Health and Human Services are affected by this law. Section 2-42A(e), Montgomery County Code requires that fees for Department of Health and Human Services services will be established by the County Executive who may from time to time change them in an amount not to exceed the actual cost of the services provided. The current maximum fee to be charged by the Department of Health and Human Services for the health services it provides is determined annually by the Maryland Department of Health. The Maryland Department of Health annually issues an Ability to Pay Schedule in accordance with its responsibilities under Section 16-201, Health-General Article, Annotated Code of Maryland. That portion of the authorized service fee to be paid by a client is determined by reference to the Ability to Pay Schedule. No client is denied services due to inability to pay. 1. Section 4-217(d), of Health-General Article, Annotated Code of Maryland authorizes each county local health department to set and collect a fee for processing and issuing a death certificate that covers the administration cost of providing this service. The fee set by the local health department for processing and issuing a death certificate as determined by the Health Officer. 2. Section 2-42A(e), Montgomery County Code, as amended, requires that fees for Department of Health and Human Services services be established by the County Executive who may from time to time change them in an amount not to exceed the cost of the services provided. 3. The fee to be charged for the preparation of a death certificate will be determined by the Health Officer based on the determination of the actual cost of processing and issuing a death certificate. This regulation takes effect thirty (30) calendar days after the deadline for comments published in the Register. The Maryland State Department of Health periodically issues an Ability to Pay Schedule for Clinic and Outpatient Services in accordance with its responsibilities under Section 16-201, Health-General Article, Annotated Code of Maryland. The amount of the authorized service fee to be paid by a client is determined by referring to the Ability to Pay Schedule. No client is denied services due to inability to pay. 1.1 In this regulation, unless more specifically defined, the following words have the meanings stated: (a) Applicant means a child’s parent, guardian, or custodian who applies for benefits. (b) Case worker means the Department of Health and Human Services staff person assigned to work directly with the applicant or client to determine eligibility. (c) Certification period means the time period for which benefits have been approved. Certification is the process through which an applicant is officially approved to receive benefits. (d) Child care means care for less than a 24 hour day, for which compensation is paid to a child care center or family child care home licensed or registered by the Maryland Department of Human Resources. (e) Child care center means a facility providing child care in Maryland that is: (1) licensed under COMAR 07.04.02 by the Maryland Department of Human Resources; (2) operated under a letter of compliance issued by the Maryland Department of Human Resources; or (3) licensed by any branch of the military under applicable military child care regulations. (f) Client means a person who has been approved to receive benefits. In a two- parent household the term client refers to both parents. (g) Director means the director of the Department of Health and Human Services or the director’s designee. (h) Family child care home means a residence, other than the child’s home, that is: (1) registered under COMAR 07.04.02 to provide child care by the Maryland Department of Human Resources; (2) operated under a letter of compliance issued by the Maryland Department of Human Resources; or (3) registered by any branch of the military under applicable military child care regulations. (i) Gross income means total household income, taxable and nontaxable, from all sources, whether or not reported on a federal or state income tax return. (1) Gross income includes, but is not limited to: (A) wages and tips received as compensation for employment or services rendered before taxes and other deductions; (B) commissions, bonuses, and incentives; (C) interest and dividends from all financial accounts; (D) benefits under the Social Security Act, or the Railroad Retirement Act; (E) bequests and inheritances; (F) child or spousal support payments, which include: (i) amounts paid directly to the applicant or client; (ii) third party payments on behalf of the applicant or client; or (iii) court ordered payments; (G) recurring monetary gifts and loans, excluding student loans, made to the household by other persons not living in the household to assist with living expenses; (H) strike benefits which do not include employee contributions; (I) pensions and annuity benefits, including veterans, railroad, and mine worker benefits; (J) unemployment compensation benefits; (K) trust fund disbursement; (L) capital gains; (M) net profits from business and property rentals; (N) workers compensation benefits; (O) stipends for educational or research fellowships for living expenses, excluding that portion that covers tuition and required fees; and (P) net income from self-employment. (2) Gross income does not include: (A) losses from business, rental, or capital transactions; (B) other third-party payments for which the applicant or client has no discretion over the use of the funds; (C) employment income of household members under 18 years old, unless emancipated; (D) loans and grants, such as scholarships, obtained and used under conditions that preclude their use for current living costs; (E) grants or loans to an undergraduate student for educational purposes made or insured under a program administered by the Commissioner of Education under the Higher Education Act; (F) loans with established payment plans; (G) Medicare payments deducted from social security benefits; (H) Supplemental Security Income (SSI), Temporary Cash Assistance (TCA), and foster care benefits; (I) Nazi restitution payments to victims of Nazi persecution; or (J) military basic allowance for housing. (3) For the purpose of determining eligibility, the following will be deducted from gross income: (A) extraordinary necessary medical expense payments that exceed 7 percent of household gross income when the applicant or client provides documentation that the household makes regular payments; (B) out-of-pocket child care expenses paid for child care during additional approved activities when the applicant or client provides documentation that the household makes regular payments; (C) child support payments made by a non-custodial parent for a child not residing in the applicant’s or client’s household; (D) $5,000 of a household’s annual gross income per child for adults with physical custody of a child, as defined in Section 1.1(n). This amount may change as determined by the state program in COMAR 07.04.06.02.B(23)(c)(iii), or its replacement; and (E) $5,000 of household gross income per child in child care when the minor parent lives with their parent(s) and attends public school full time. This amount may change as determined by the state program in COMAR 07.04.06.02.B(23)(c)(iv), or its replacement. (j) Household means an applicant or client and all of the following residing in the applicant’s or client’s home: (1) the applicant’s or client’s spouse; (2) another parent of any of the applicant’s or client’s children; (3) the applicant’s or client’s children; and (4) the spouse’s children. (k) Metropolitan area median income means the most recently published metropolitan area median income from the United States Department of Housing and Urban Development, unless lower than the previous year, then income limits will remain the same. (l) OCSE means an office of child support enforcement in any jurisdiction. (m) Parent means a child’s natural parent, adoptive parent, or parent surrogate. (n) Parent surrogate means an adult, other than a parent, including a caretaker relative, who has legal guardianship and assumes day-to-day responsibility for a child’s care and welfare. (o) Provider means an individual who is responsible for the operation of a family child care home or child care center. (p) Program administrator means the section chief for child care subsidy programs responsible for implementation of WPA regulations and procedures. (q) Recertification means the process through which the eligibility of a client whose certification period is ending is reviewed to determine continued eligibility. (r) State program means Maryland’s Purchase of Child Care Program as administered by the Montgomery County Department of Health and Human Services. (s) Statement of Responsibility means a written agreement between the provider, parent and WPA that outlines the type of care provided, the monthly subsidy amount approved for each child, and the terms and conditions for participation. Both the parent and the provider must sign the agreement to acknowledge the terms and conditions of participation and to verify the type of care, child’s start date and provider’s average monthly fee. (t) Supervisor means the person responsible for WPA daily operations and for reviewing eligibility decisions made by WPA case workers. (u) Temporary disability means a physical, mental, or emotional impairment that substantially limits the applicant or client for no more than 6 months. The applicant or client must submit a statement of condition of disability from a physician which verifies that the applicant or client temporarily cannot work and cannot care for the child(ren). (v) Voucher means a coupon given to a client to purchase child care from a provider. The voucher states the child’s name, month of service, expiration date, type of child care, and the authorized subsidy amount. (w) WPA means the Working Parents Assistance Program, administered by the County Department of Health and Human Services. 2.1 General Eligibility (a) A parent or parent surrogate may apply for benefits. (b) A child must be under the age of 14 to be eligible for benefits. A child under the age of 19 may be eligible if a documented disability precludes self care. (c) An applicant or client cannot receive benefits if eligible for the state program unless there is a state program waiting list. (d) An applicant or client must be a citizen or legal resident of the United States, or have a child who is a United States citizen, and reside in Montgomery County. (e) Pursuit of child support (1) The applicant or client must be receiving or actively pursuing child support for all children in the household, if the applicant or client is not living with the other parent of the children. Actively pursuing child support means: (A) receiving child support that is court ordered through a legal separation agreement or divorce decree; (B) receiving child support that is court ordered through any OCSE; (C) submitting an application for child support to the Montgomery County OCSE with enough identifying information for the Montgomery County OCSE or WPA to make a determination regarding cooperation from the custodial parent; (D) enforcing through an OCSE an existing court order for child support where support is not being paid or payment is less than the court order; or (E) cooperating with an OCSE by providing accurate and updated information regarding any absent parent. (2) The program administrator may waive the child support requirement for good cause. Good cause means circumstances in which cooperation of the applicant or client in pursuit of child support may be contrary to the interest of the child for whom support is being sought. These circumstances are: (A) when cooperation is reasonably anticipated to result in physical or emotional harm to an identifiable person; (B) when the child was conceived as a result of incest or rape; (C) when legal proceedings for the child's adoption are pending before a court of competent jurisdiction; or (D) when the applicant or client is currently being assisted by a public or licensed private social service agency to resolve the issue of whether to keep the child or relinquish the child for adoption and the discussions have not gone on for more than three months. (3) The applicant or client may refuse to cooperate in pursuing child support only by showing good cause. (A) The applicant or client is responsible for providing evidence necessary to support a claim of good cause. (B) The case worker is responsible for reviewing a claim of good cause and making a recommendation to the program administrator. (4) Evidence to support a claim of good cause includes, but is not limited to: (A) a birth certificate or medical or law enforcement record indicating that the child was conceived through incest or rape; (B) a court document or other records showing that legal proceedings for adoption are pending before a court of competent jurisdiction; (C) a court, medical, criminal, child protective services, psychological, social services or law enforcement record which indicate that the absent parent might inflict physical or emotional harm on an indentifiable person; (D) a medical record showing the emotional health history and the present emotional health status of an indentifiable person; (E) a written statement from a mental health professional indicating a diagnosis or prognosis of the emotional health of the child or the applicant or client; (F) a written statement from a public or licensed private social service agency that the agency is helping the applicant or client to resolve the issue of the child’s adoption and that these discussions have not continued for more than three months; or (G) sworn statement from individuals other than the applicant or client with knowledge of the circumstances providing the basis for a claim of good cause. (f) Income (1) Applicants or clients with households of 2, 3, and 4 persons are eligible if household income does not exceed 60 percent of metropolitan area median income for that household size. (2) Applicants or clients with households of 5 or more persons are eligible if household income does not exceed 60 percent of metropolitan area median income for a household of 5 persons. (g) Work Activity (1) The applicant or client must be: (A) working for wages or self-employment income at least 30 hours a week; (B) attending a job training program and engaged in related work or study at least 30 hours a week; (C) attending school to receive a high school diploma or equivalent and engaged in related work or study at least 30 hours a week; (D) attending college to receive a first undergraduate degree, carrying at least 12 credit hours and maintaining at least a 2.0 grade point average for the semester most recently completed; or (E) engaged in any combination of work, school, and job training at least 30 hours a week. (2) If the applicant’s or client’s spouse or another parent of any child in the household lives in the applicant’s or client’s home, this parent must be: (A) working for wages or self-employment income at least 30 hours a week; (B) attending a job training program and engaged in related work or study at least 30 hours a week; (C) attending school to receive a high school diploma or equivalent and engaged in related work or study at least 30 hours a week; (D) attending college to receive a first undergraduate degree, carrying at least 12 credit hours and maintaining at least a 2.0 grade point average for the semester most recently completed; (E) engaged in any combination of work, school, and job training at least 30 hours a week; or (F) physically or mentally incapable of engaging in a work activity or providing ongoing child care, as documented by a physician. (3) Eligibility while in school or job training full-time is limited to 2 years, or 4 years if working half-time and attending school half-time. (4) When an applicant, client or the other parent has a temporary disability which precludes meeting the activity requirement, the applicant or client must provide proof of such disability as defined in Section 1.1(u). (h) The applicant or client must not be engaged in any activities as defined in 02.42A.06.07. (i) The applicant or client must be in good standing with the state program as defined by COMAR 07.04.06. 3.1 Initial Application (a) In order to be considered for WPA benefits, an applicant must submit an application on a form provided by WPA, together with supporting documentation as required by WPA. The applicant must certify in writing on the application or on an accompanying form that all information is accurate and true. (b) The application must be approved or denied within 30 calendar days after receipt of the signed application and all requested documentation. (c) When an applicant is determined eligible, the benefit effective date will be the date the signed application was received, provided all requested documentation was received within 30 calendar days after receipt of the signed application. (d) An application will be denied when the applicant: (1) is ineligible pursuant to 02.42A.06.0; (2) has been terminated from WPA within the last 12 months for fraud, pursuant to 02.42A.06.07; or (3) fails to provide the required documentation within 30 calendar days after receipt of signed application. (e) When an applicant is denied, WPA must send a written notice to the applicant within 30 calendar days from the date of denial that includes the decision, the basis for the decision, and an explanation of the applicant’s right to and method of filing an appeal pursuant to 02.42A.06.09. (f) An applicant who is denied benefits may appeal to the supervisor by following the process for requesting a case review pursuant to 02.42A.06.02. 3.2 Certification Period (a) The certification period will be a maximum of 6 months. (b) The supervisor may approve benefits for a longer period based on special work activity requirements of the applicant or client. (c) Continuation of benefits without interruption of services will be contingent upon the client applying for recertification at least 60 calendar days before the existing certification period ends. (d) Eligibility and amount of subsidy will be redetermined during recertification after a review of updated information and documentation. If recertification results in a reduction of the subsidy amount, written notice must be given to the client at least 15 calendar days prior to the end of the current certification period. If the client does not complete the recertification process within the required time period in 3.2(c), then the client waives the right to written notice and the voucher issued will serve as notification of the reduced subsidy amount. 3.3 Interim Changes (a) Interim change means any change in a client’s circumstance during a certification period that may affect eligibility or the amount of the subsidy. This includes but is not limited to changes in: (1) address; (2) income; (3) work activity; (4) household composition; or (5) child care arrangements. (b) The client must report interim changes to WPA within 15 calendar days of when the change occurs. 3.4 A waiting list will be established for applicants approved for benefits if program funding has been exhausted or fully committed for a fiscal year. (a) When a waiting list is established, WPA must inform an applicant of placement on the waiting list. (b) An applicant on the waiting list may be subject to recertification. (c) WPA must maintain a list of all eligible applicants ranked according to the percentage of adjusted family gross income needed for average child care costs. (d) Households for whom child care costs consume the highest percentage of adjusted gross income will receive priority on the waiting list. 4.1 The subsidy amount for eligible households will be updated annually, and will be calculated based on the following: (a) ninety percent of the difference between the current average cost of child care in Montgomery County, and the funds the client or applicant is determined to have available to pay for child care; and (b) income eligibility, based on metropolitan area median income. 4.2 Each client certified to receive benefits will receive a voucher package containing the following documents: (a) terms and conditions for receiving benefits; (b) statement of responsibility for each child eligible to receive a subsidy; (c) vouchers for the certification period for each child eligible to receive a subsidy; (d) recertification reminder; and (e) appeal rights. 4.3 The provider must submit a signed statement of responsibility to WPA to activate a voucher for an eligible child. 4.4 Upon delivery of services by the provider to the client, each voucher must be: (a) properly completed; (b) signed by an eligible provider and the client; (c) returned to WPA prior to the expiration date; and (d) submitted for payment up to the amount printed on the voucher by WPA. 4.5 Any difference between the amount paid by WPA and the provider’s average monthly fees for services is the responsibility of the client. 5.1 Payment to Providers for Services Rendered (a) A statement of responsibility must be submitted to WPA in accordance with Section 4 of this regulation before payments can be processed. (b) Payment on valid vouchers will be made monthly to providers who meet WPA requirements. (c) Vouchers are subject to verification by WPA. 6.1 Benefits may be terminated if the client: (a) is determined to be no longer eligible at the time of recertification because of need or income; (b) has an documented change in household status that results in the client no longer meeting eligibility criteria; (c) fails to report an interim change in household status that would have resulted in reduction or termination of benefits; (d) is found to have misrepresented facts pertaining to eligibility or fails to adhere to the terms and conditions of WPA; (d) does not apply for recertification; (e) chooses to terminate; or (f) is unwilling to pursue child support through the Montgomery County OCSE unless the program administrator waives the child support requirement pursuant to Section 2.1(e)(2) or Section 8.1. 6.2 A client’s benefit will not be terminated in order to admit another client. 6.3 Clients whose benefits are terminated during the certification period will receive written notice at least 15 calendar days prior to the effective date of termination, provided the reporting requirements of Section 3.3 are met. If the reporting requirements of Section 3.3 are not met, then the termination will be effective immediately. 6.4 Clients who do not recertify within the required time limit will be notified in writing of the termination 30 calendar days prior to the end of the current certification period. 6.5 Clients who recertify within the required time limit and are found to be ineligible during the recertification process will be notified in writing 30 calendar days prior to the end of the current certification period. 7.1 Any person who knowingly makes or helps another person to make a false or misleading statement in order to obtain WPA benefits: (a) upon conviction, will be guilty of a class A violation; (b) may be required to repay the county any WPA benefit improperly paid in reliance on the false or misleading statement; and (c) may be required to pay the county interest on the amount improperly paid at the rate of one percent per month on the outstanding balance owed until the total benefit improperly paid is fully repaid. 7.2 Recoupment (a) A client or provider may be required to establish a repayment agreement with WPA. (b) If a repayment agreement exists and payments are not current, a client may be prohibited from participation in WPA. 7.3 Discontinuation of payments and exclusion from future participation in WPA (a) If the program administrator believes a household has improperly obtained benefits, improperly used benefits, or has violated provisions of the law, the program administrator may discontinue benefits or exclude the household from future participation in WPA. (b) The applicant or client who receives an adverse decision under any provision in this section may seek review of the adverse decision in accordance with procedures in 02.42A.06.09. 8.1 Waivers The program administrator may waive any WPA eligibility requirement upon a finding of financial or other hardship. 8.2 Waiver Procedures All waivers must be requested by the case worker in writing to the program administrator. The waiver must clearly state the eligibility requirement for which the waiver is being requested and the hardship created if the benefit were denied. 9.1 Notice to Recipients of Adverse Action (a) The case worker must notify an applicant or client in writing of an adverse action. (b) An adverse action includes: (1) denial of an initial application; (2) denial of recertification of benefits; (3) a decision that the applicant or client failed to provide documentation requested in recertification; (4) a decision to suspend, reduce, or discontinue assistance; (5) a decision to seek to recover an overpayment ; or (6) a decision that the program intends to take any adverse action listed in 02.42A.06.07 of this regulation. (c) An adverse action does not include: (1) a reduction in benefits due to a change in type of care or change in the age of the child; or (2) a reduction or termination of benefits due to a change in county regulation. (d) The notice of adverse action must include: (1) the decision, reasons for the decision, and regulations supporting the decision; (2) the right to request an in-person or telephone case review; (3) the method by which a case review may be requested; (4) the right to be assisted by legal counsel, a relative, friend, or other individual; (5) the right to appeal an unfavorable decision of a case review by requesting an administrative review hearing; (6) the right, upon request, to have an interpreter present in any in-person case review or administrative review hearing; and (7) the waiver of the right to an administrative review hearing if a case review is not timely requested. 9.2 Appeal Rights (a) An applicant or client has 30 calendar days from the date of the case worker’s notice of adverse action to request a case review of the decision. Such a request may be made in writing, in person, or by telephone, fax or electronic mail to either the case worker or the supervisor. (b) Except for denial of an initial application, the client may continue to receive benefits if the request for an appeal is received within 15 calendar days from the date of the notice of adverse action. If the request for an appeal is received after 15 calendar days, benefits will not continue during the appeal process. (c) A case review consists of an in-person meeting or telephone conversation between the applicant or client and the supervisor. The supervisor must review the oral and documentary information pertinent to the application, and must explain the basis for the proposed adverse action. The applicant or client must be provided the opportunity to present reasons and explanations for why the adverse action is not warranted. (d) Within 15 calendar days of the case review, the supervisor must send the applicant or client a notice of the decision from the case review. The notice must state the basis for the decision. If the decision is adverse to the applicant or client, the notice must state that the applicant or client has the right to appeal the decision by requesting an administrative review hearing. The supervisor must include a copy of the form for appealing the decision with the notice. (e) WPA must, upon request, assist an applicant or client with requesting a case review and provide an interpreter to assist the applicant or client with requesting a case review and attend or participate in the case review. 10.1 Appeals by the Applicant or Client (a) An applicant or client who requests a case review in a timely manner may appeal an adverse case review decision by submitting a written request by mail, fax or electronic mail for an administrative review hearing with the director within 15 calendar days of the date of the notice of the adverse case review decision. Such a request must be on the form provided with the notice of the adverse case review decision. (b) WPA must, upon request, assist an applicant or client with requesting an administrative review hearing or provide an interpreter to assist the applicant or client with requesting an administrative review hearing and attend the administrative review hearing. 10.2 Conduct of the Administrative Review Hearing The director will conduct the administrative review hearing. During the administrative review hearing, the director must review the decision of the WPA supervisor, the relevant WPA file, and the record of the case review. The director must also hear and consider materials presented and arguments made by the appellant as to why the decision of the supervisor is in error and should be reversed. The director must conduct the hearing in a fair, even-handed manner, giving the appellant an adequate opportunity to fully present the appellant’s case, with due regard for the appellant’s education, experience and communication skills. 11.1 Except as provided in Sections 3.1(e) and 3.2(d) of this regulation, no adverse action will be taken against an applicant or client until the expiration of the following periods, to the extent applicable: (a) the period for requesting a case review; (b) the appeal period following an adverse decision in a case review; or (c) issuance of the decision in an administrative review hearing. 11.2 Except as provided in 02.42A.06.07 of this regulation, a client will incur no repayment liability until, as applicable, the later of the date of: (a) the notice of the decision in the case review; or (b) the decision in the administrative review hearing. If an applicant or client is aggrieved by a final decision of the department in an administrative review hearing, that applicant or client may file an original complaint in the Circuit Court for Montgomery County, Maryland. 1.1 Definitions Unless more specifically defined, the following words have the meanings stated: A. Applicant means a person who applies for the Program, but is not yet a recipient of benefit payments. B. Adjusted monthly income means the combined monthly gross income of all of the members of the household, less allowable deductions as defined in 02.42A.07.01, 1.1 (M).* C. Asset means all accumulated personal wealth, property or interest in property, over which a person has the authority or power to liquidate an interest. 1. An asset includes, but is not limited to: a. cash; b. time or demand deposits in a financial institution such as checking accounts, savings accounts, certificates of deposit, or money market funds; c. stock; d. bonds; e. shares in a mutual fund; f. trusts; or g. real estate. 2. An asset does not include: a. furniture and furnishings used in the rental unit; b. clothing; or c. one automobile for each member of the household who is a licensed driver. D. Benefit payment means the monthly payment made by the Department to the landlord for a recipient’s contract rent. E. Co-occurring disability means the simultaneous existence of chronic substance abuse and a mental disorder. F. Continuum of Care is a regional or local planning body that coordinates housing and services funding for homeless families and individuals. G. Coordinated Entry System is a client-centered process required by the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 that streamlines access to housing interventions for each individual or family experiencing homelessness. Within a Coordinated Entry System persons are prioritized for housing based on vulnerability using a data-driven, real time process. H. Contract rent means the monthly rent agreed to by a written lease agreement between the applicant household and the landlord, regardless of any furnishings, fees, meals, or services. I. Department means the Montgomery County Department of Health and Human Services. J. Director means the Director of the Montgomery County Department of Health and Human Services or the Director’s designee. K. Developmental disability means a severe chronic disability of an individual that: 1. Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or attributable to a combination of mental and physical impairments; 2. Is likely to continue indefinitely; 3. Is manifested in an individual before the age of 22; 4. Results in an inability to live independently without external support or continuing and regular assistance; and 5. Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are individually planned and coordinated for the individual. L. Elderly means a person at least 62 years old. M. Fair Market Rent means the rent, including the cost of utilities (except telephone), as most recently published by the United States Department of Housing and Urban Development, for units of varying sizes (by number of bedrooms) that must be paid in the Washington Metropolitan Area housing market to rent privately owned, existing, decent, safe and sanitary rental housing of modest (non-luxury) nature with suitable amenities. N. Gross income means total household income, taxable and nontaxable, from all sources, whether or not reported on a federal or state income tax return. 1. Gross income includes, but is not limited to: a. wages and tips received as compensation for employment or services rendered, before taxes and other deductions; b. interest and dividends from all financial accounts; c. benefits under the Social Security Act or the Railroad Retirement Act; d. bequests and inheritances; e. child or spousal support payments; f. recurring monetary gifts and loans (excluding student loans) made to the household by other persons not living in the household to assist with rent or other living expenses; g. strike benefits where there is no employee contribution; h. Temporary Cash Assistance (TCA), Refugee Assistance, and Temporary Disability Assistance Program (TDAP) benefits; i. pensions and annuity benefits, including veterans, railroad and mine worker benefits; j. unemployment compensation benefits; k. trust fund disbursements; l. capital gains; m. net profits from business and property rentals; n. worker’s compensation benefits; o. stipends for educational or research fellowships for living expenses, excluding that portion that covers tuition and required fees; p. foster care benefits; and q. net income from self-employment. 2. Gross income does not include: a. losses from businesses, rental, or capital transactions; b. third-party payments made by someone outside of the household for living expenses; c. payments given directly to a service provider for which the applicant has no discretion over the use of the funds; d. employment income of household members under 18 years old, unless emancipated; e. employment income of full-time students 18 years of age or older, unless that person is the applicant, or the spouse of the applicant. f. student financial assistance in the form of grants, loans or work study aid provided under the Higher Education Act, under a State program, or by an institution of higher education and including Pell Grants, Supplemental Educational Opportunity Grants, Federal Family Education Loans, Ford Direct Loans, Perkins Loans, State Student Incentive Grant, College Work Study, Civic and Fraternal Scholarships, Private Company Scholarships; g. Medicare payments deducted from Social Security benefits; and h. Nazi Restitution payments to victims of Nazi persecution. 3. A deduction from monthly household gross income may be granted by the Department when determining eligibility for the Program, if documentation is provided by the applicant that demonstrates the household makes regular out-of-pocket payments for any of the following: a. child care expenses up to the Montgomery County average cost of child care, by type of care, as determined by the Montgomery County Working Parents Assistance Program; b. medical expenses for doctor and dental fees, prescription drugs and prescribed medical procedures that are not reimbursed by insurance or other sources; c. over-the-counter medical products, if ordered by a doctor to treat an ongoing medical condition; or d. medical insurance premiums. O. Homeless means individuals and families who are defined consistent with the Homeless Emergency Assistance and Rapid Transition to Housing Act of 2009 as individuals, adults and children who lack a fixed, regular, and adequate nighttime residence. This includes individuals and families who: 1. Are sleeping in a place not designed or ordinarily used as a regular sleeping accommodation including a car, park, abandoned building, bus or train station, airport, or camping ground; 2. Live in emergency or transitional shelter (including congregate shelters, transitional housing, as well as hotels/motels and community placements paid for with public funds to prevent homelessness). 3. Are exiting an institution where the person has resided for 90 days or less and was homeless prior to entering the institution. P. Household means a single individual or two or more persons, whether or not related, who live together in a rental unit. Q. Housing Locator means the person from the Department, or an agency contracted by the Department, who is designated to assist an applicant approved to receive program benefits with identifying and locating rental housing in Montgomery County. R. Legal resident means a person who is either a citizen of the United States or a person who is a non-citizen who has been granted eligible immigration status in the United States by the United States Citizenship and Immigration Services. S. Mental disorder means a behavioral or emotional illness that results from a psychiatric or neurological disorder. A mental disorder also includes a mental illness that substantially impairs the mental or emotional functioning of an individual and makes care or treatment necessary or advisable for the welfare of the individual or for the safety of the person or property of another. Mental disorder does not include a developmental disability. T. Mixed household means any household that includes persons who are legal residents and persons who are not legal residents. U. Program means the Housing Initiative Program. V. Recipient means a person who currently receives a benefit payment. An applicant becomes a recipient on the effective date of the first benefit payment to the landlord. A recipient includes a person who reapplies for Program eligibility before the end of a current eligibility period. W. Relative means a parent, step-parent, grandparent, child, step-child, sibling, father-in-law, mother-in-law, son-in-law, daughter-in-law or spouse. X. Rental unit means a unit in Montgomery County that is licensed in accordance with Chapter 29 of the Montgomery County Code. 1. A rental unit cannot be occupied by more than one household and includes, but is not limited to: a. a detached or attached single family home or town home; b. an apartment in a multi-family facility; c. a condominium or cooperative unit in a multi-family facility; d. a rental mobile home in a licensed mobile home park; or a rented mobile home pad on which the applicant has placed a mobile home in a licensed mobile home park; e. a room or group of rooms in an attached or detached single family home or town home, apartment condominium or cooperative; f. a personal living quarters; or g. an accessory apartment. 2. A rental unit owned by a relative of any member of the applicant household is eligible only if the Department determines that approving the rental unit would provide reasonable accommodation for the recipient or for a household member. Y. Service coordinator means the person from the Department, or an agency contracted by the Department, designated to provide on-going outreach to a recipient to engage them in services and ensure residential stability. Z. Service provider agency means the Montgomery County public or private agency that refers an applicant to the Program. AA. Special populations means: 1. a person with a sensory, cognitive or mobility impairment; 2. a person with a developmental disability; 3. a person with a chronic mental disorder; 4. a person with a co-occurring disability; 5. a person with chronic substance abuse; 6. a person who is elderly and in need of independent or supportive housing; 7. a person who is homeless; or 8. a youth transitioning from systems of public custodial care such as foster care and juvenile justice. BB. Substance abuse means a disease which is characterized by the pathological use of a drug or alcohol with repeated attempts to control the use, and with significant negative consequences in at least one of the following areas of life: medical, legal, financial, or psychosocial. CC. Suitably sized unit means the standard for the appropriate number of bedrooms needed for households of different sizes and compositions as most recently publishing by the Montgomery County Housing Opportunities Commission for the Housing Choice Voucher Program. DD. Tenant rent responsibility means the monthly amount owed by the recipient household to the landlord. The tenant rent will be equal to 30% of the recipient household’s gross adjusted monthly income, less any monthly utility allowance. 2.1 General Applicant Requirements A. Applicant must be referred to the Department through the Coordinated Entry System operated by the Continuum of Care. B. Applicant must be included in at least one of the special populations as defined in 02.42A.07.01, 1.1 (Z)* of this regulation. C. Applicant must be a legal resident of the United States. D. Applicant must be a resident of Montgomery County. E. Applicant must be at least 18 years old and must plan to reside at the eligible rental unit for which the benefit payment is being paid. F. Applicant, or any household member, must not have been previously excluded by the Director from participation in the Program. G. Applicant, and all household members 18 years of age or older, must agree to undergo a criminal background check and be screened through the National Sex Offender Registry. H. Applicants may be excluded from the Program if they or any member of the household has been convicted of criminal activity that would adversely affect the health, safety or wellbeing of other persons. 2.2 Income Requirement The combined gross adjusted monthly income of all of the members of the applicant household on the date the application is approved must not exceed thirty (30) percent of the area median income for a household of comparable size as most recently published by the United States Department of Housing and Urban Development. 2.3 Rent Cost Limitation The contract rent for the eligible rental unit occupied by the household must not exceed 120 percent of the average cost for a suitably sized unit. The average Montgomery County rental costs must be determined periodically by the Department as most recently published by the Montgomery County Department of Housing and Community Affairs. 2.4 Lease Requirements A. Each household must have a written rental lease agreement, executed by the landlord and the household, that complies with the provisions of Montgomery County Code, Chapter 29, Landlord-Tenant Relations. If the household is subletting a rental unit, then the primary lessee must have a written agreement with the property owner permitting the primary lessee to sublet. If a recipient remains in a rental property after the initial lease expires as a month-to-month tenant, the recipient must provide the Department with written verification signed by the landlord of the status of their rental agreement and the amount of the current monthly rent. B. Single persons residing together must have individual leases with the property owners or primary lessee in order to be considered as separate households for the purposes of determining Program eligibility. Otherwise, all persons must be considered as one household and must meet all eligibility criteria. 2.5 Service Agreement Requirements A. All Program benefit payment recipients must have a written service agreement signed by the service coordinator and the recipient. Household members who are 18 years of age or older may also be required to sign an individual service agreement, or be a party to the recipient’s service agreement, as determined appropriate by the service coordinator. B. The service agreement must include, at a minimum: 1. a detailed description of the tasks and responsibilities of the recipient and the service coordinator to maintain housing; 2. requirements for Program participation, such as eligibility criteria, benefit payment limits, reapplication requirements, grievance procedures and termination policies; and 3. requirement that benefit payment recipients must apply, when available, to receive Housing and Urban Development Housing Choice Voucher or Public Housing benefits and may not continue to receive Program benefit payments if approved to receive an equivalent rental assistance subsidy from another local, state or federal housing subsidy program. The benefit recipient may remain eligible to receive supportive services provided by the service coordinator. 2.6 Asset Limits The value of the assets of all of the members of the household must not exceed $10,000. 3.1 Application Procedure A. Applications will be accepted by the Department only when appropriated Program funds are available. The Department will establish the time period of application acceptance in accordance with funding availability and notify service provider agencies in writing of the application acceptance dates. B. In order to be considered for the Program, the referring service provider agency, together with the applicant, must submit an application on a form provided by the Department, which is signed by both the applicant and the service provider agency. Supporting documentation and information verifying household income and assets must be submitted with the application and the applicant must certify in writing on the application, or on an accompanying form, that all information reported on the application form is accurate and true. C. The applicant, and all members of the household 18 years of age or older, must sign a release of information form permitting the Department to perform a criminal background check and screening through the National Sex Offender Registry. D. The applicant, and the referring service provider agency, must submit any information determined by the Department as necessary to verify that all Program eligibility criteria have been met. At a minimum, the following documentation must be submitted for each household member as determined to be applicable by the Department: 1. A copy of the most recent Federal tax return, including a copy of all income and interest statements. 2. Financial statements documenting assets and indicating interest or dividends earned and principal account balances. 3. Documentation of wages, tips and other income for at least 30 days preceding the date of application. 4. Any other information required by the Department to determine if all standards of eligibility have been met. E. The applicant must submit one of the following for each household member, as determined applicable by the Department, to prove eligible immigration status: 1. resident alien card; 2. resident alien receipt card; 3. arrival/departure record; 4. temporary resident card; 5. employment authorization card; or 6. receipt issued by the United States Citizenship and Immigration Services for the replacement of documentation to provide eligible immigration status. 3.2 Application Review Within 30 calendar days after receipt of the signed application and all documentation requested by the Department, the Department must approve or deny each application and send written notification to the applicant and the referring service provider agency of the application status. 3.3 Applicant Priority A. Each applicant will be prioritized for housing by the Coordinated Entry System and referred to the Housing Initiative Program as an openings occur in the program. B. Applicants who have applied for or who are on a federal, state or other local housing program waiting list, may not be: 1. refused placement; or 2. given a lower priority than they are otherwise qualified to receive. 3.4 Approval A. The Department will notify the applicant and the referring service provider agency in writing when the applicant is approved to receive program benefits. The Department will assign a Housing Locator and Service Coordinator who will work with the applicant to identify an appropriate rental unit and assist the applicant through the leasing process. The service coordinator will engage the applicant in services as appropriate and execute a written service agreement as outlined in 02.42A.07.02, 2.5, of this regulation. B. The applicant’s approval for program benefits will be rescinded if the applicant fails to identify an appropriate housing option within 120 calendar days of program acceptance. Prior to rescinding benefits, the program will assess the barriers contributing to inability to identify housing and may grant the applicant an extension not to exceed 60 days prior to terminating benefits. C. When a rental unit is found, the housing locator or service coordinator, together with the applicant, must submit a request for approval of the rental unit to the Department. The Department will review the rental unit request to ensure that the rental unit: 1. conforms to the definition of a rental unit as defined in 02.42A.07.01, 1.1.W.,* of this regulation; 2. meets the suitably sized unit standard for the appropriate number of bedrooms needed for the household size; 3. conforms to the rent cost limitation as outlined in 02.42A.07.02, 2.3, of this regulation; and 4. conforms to the lease requirements as outlined in 02.42A.07.02, 2.4, of this regulation. D. Upon approval of the rental unit by the Department, a copy of the executed lease agreement must be submitted to the Department. The Department will determine the amount of the benefit payment in accordance with 02.42A.07.04 of these regulations. E. The household may lease an eligible rental unit with fewer bedrooms than the suitably sized unit standard for their household size; however the eligible rental unit must meet all other applicable space requirements. F. The household may not lease an eligible rental unit with more bedrooms than the household size standard. G. An approved applicant must occupy the approved rental unit as of the date that the benefit payment will commence. H. An applicant’s benefit payment approval period will be for a maximum of 24 consecutive months. Benefit payments may be renewed by the Department upon reapplication by the recipient before the end of each benefit payment eligibility period. I. Benefit payment recipients must apply, when available, to receive Housing and Urban Development Housing Choice Voucher or Public Housing benefits. Recipients of Program benefit payments may not continue to receive Program benefit payments if approved to receive an equivalent rental assistance subsidy from another local, state or federal housing subsidy program. The recipient may remain eligible for service coordination services provided by the Program. 3.5 Moves A. If a recipient intends to move from their approved rental unit, the recipient, together with the service coordinator, must submit a written request to the Department for approval of the new rental unit at least 30 days prior to the requested move date. If the move is voluntary, the written request must be submitted at least 30 days prior to the date the recipient is required to provide notice of intent to vacate in accordance with the lease terms. B. The Department will review the request to determine if the new rental unit conforms to the standards as outlined in 02.42A.07.03, 3.4, of this regulation. C. If the recipient move is voluntary, the Department will not be responsible for payment of any costs resulting from the recipient’s move, including but not limited to penalties for early lease termination, moving costs, damages, or security deposits for the new rental unit. 3.6 Reapplication A. The service coordinator, together with the recipient, must reapply for benefit payments before the expiration of the recipient’s benefit payment eligibility period in accordance with deadlines and procedures established by the Department. B. A recipient may not continue to receive benefit payments after the expiration of a benefit payment period unless the service coordinator, together with the recipient, reapplies for benefit payments during the eligibility period and the recipient household continues to meet the eligibility criteria then in effect. C. A recipient’s service coordinator must report to the Department within 30 days when any one of the following occurs; 1. number of household members increases or decreases; 2. amount of contract rent increases or decreases; or 3. household gross income changes by 10 percent or more. D. A recipient’s service coordinator must report to the Department immediately when any one of the following occurs: 1. rental unit lease is terminated; 2. household moves from the rental unit; 3. recipient receives a notice of eviction; or 4 recipient is away from the rental unit for more than 60 consecutive calendar days. 3.7 Application Denial A. Applications must be denied based on a determination by the Department that the applicant does not meet one or more eligibility criteria as outlined in this regulation or has failed to provide adequate information or documentation with respect to one or more eligibility criteria. B. An applicant who is denied benefit payments and the referring service provider agency must be notified in writing by the Department of the denial and the reason for the denial within 30 calendar days after receipt of the signed application and all documentation requested by the Department. C. The written notice of denial must include: 1. the decision, the reasons for the decision, and regulations supporting the decision; 2. the right to request an informal case review; 3. the method by which a case review may be requested; 4. the right to be assisted by legal counsel, a relative, a friend, or other individual; 5. the right to appeal an unfavorable decision of a case review by requesting an administrative review hearing; 6. the right, upon request, to have an interpreter present in a case review and in an administrative review hearing; and 7. the waiver of the right to an administrative review hearing if a case review is not timely requested. 3.8 Applicant Case Review A. An applicant has 30 calendar days from the date of the Department’s notice of denial to request a case review. The applicant may make the request to the Department in writing, in person, or by electronic mail or fax simile. B. A case review will consist of a review by the Program administrator of the oral and documentary information pertinent to the application and any information provided by the applicant relating to the denial of the application. C. Within 15 calendar days of the case review, the Department must send the applicant and the service provider agency a notice of the decision from the case review. The notice must state the basis for the decision. If the decision is adverse to the applicant, the notice must state that the applicant has the right to appeal the decision by requesting an administrative review hearing. The Department must include a copy of the form for appealing the decision with the notice. D. The Department must, upon request, assist an applicant with requesting a case review or an administrative review hearing and provide an interpreter to assist an applicant with requesting a case review or an administrative review hearing. 4.1 Tenant Rent A. The recipient will be responsible for paying the landlord an amount determined by the Department that is equal to 30% of the household gross adjusted monthly income. B. If the recipient is responsible for payment of utilities separate from rent, a utility allowance will be deducted from the tenant rent responsibility. The amount of the utility allowance will be based on the same standard used to determine utility allowances for the Housing Choice Voucher Program as most recently published by the United States Department of Housing and Urban Development. C. If the utility allowance deduction is greater than the total tenant rent responsibility, the negative balance will be paid by the Department to the recipient to assist with the payment of monthly utility costs. 4.2 Benefit Payment Calculation A. The benefit payment to the landlord by the Department will be the difference between the contract rent and the tenant rent responsibility. B. Mixed Households will receive a prorated benefit payment reduced by the percentage of household members who are not legal residents. 4.3 Benefit Payment Limits A. Only one household per eligible rental unit may receive benefit payments. B. A recipient, or any household member, cannot receive any federal, state or local housing program subsidy in addition to a Program benefit payment. 4.4 Benefit Payment A. Benefit payments may only be paid to the landlord on behalf of a recipient during the lease term. B. The first benefit payment will be made in the month the lease term date begins and will be prorated for the first month from the date the lease term commences until the end of that month. Benefit payments will be paid monthly thereafter through the end of the month that the recipient household moves out of the rental unit or until such time as the Department determines the recipient is no longer eligible for benefit payments. C. If the landlord has commenced the process to evict the recipient household, and if the recipient household continues to reside in the rental unit, the Department will continue to make benefit payments to the landlord until the rental unit is vacant or the Department determines that the recipient is no longer eligible for benefit payments. D. When a recipient household moves out of the rental unit, or the recipient household’s benefit payment is terminated, the Department will not make a benefit payment to the landlord after the month the household moves out. The landlord may retain the benefit payment for the month the household moves out of the rental unit regardless of the date of the month the household vacates the rental unit. E. If a recipient household’s service provider agency is the leaseholder of the unit in which the receipient household resides and the service provider agency remains liable for rent costs until the end of the recipient household’s lease term, the County will reimburse the service provider agency for rent cost for that recipient household for the month after the recipient household moves out of the rental unit or the month after the recipient household’s benefit payment is terminated. F. If a recipient household voluntarily moves from a rental unit before the expiration of the recipient household’s lease term, the County will not reimburse the landlord for any costs to the landlord that result from early termination of the lease except when the landlord is the recipient household’s service provider agency as outlined in 02.42A.07.04, 4.1.E, of this regulation. 4.5 Payment Upon Institutionalization or Upon Death A. If a recipient dies or becomes institutionalized, and is a member of a household with additional persons over 18 years old, benefit payments may be paid by the Department on behalf of the adult household member until the expiration of the current eligibility period, or as long as all of the remaining household members continue to reside in the unit, whichever comes first. B. If a recipient is a one person household and becomes instituionalized for more than 90 consecutive days, the Department will terminate benefit payments. Upon discharge, the recipient may regain eligibility pursuant to meeting eligibility criteria outlined in 02.42A.07.02, 2.1, of this regulation and the availability of resources. 4.6 Availability of Benefit Payments Benefit payments are subject to the availability of Program funds appropriated and any limitations set by the County Executive on the number of Program recipients. 5.1 The Department may discontinue benefit payments or terminate the recipient from participation in the Program under the following circumstances. A. The Department may immediately discontinue benefit payments when any one of the following occurs: 1. recipient notifies the Department that assistance is no longer required; or 2. Department is notified that recipient is no longer residing in the eligible rental unit, except when the recipient is temporarily absent from the rental unit because of institutionalization. B. The Department may discontinue benefit payments and terminate the recipient from Program participation when any one of the following occurs: 1. household no longer meets all eligibility requirements; 2. recipient or any household member fails to provide information required to determine continued eligibility recertification; 3. recipient fails to reapply for Program benefit payments before the end of their current eligibility period; 4. recipient household is evicted from the rental unit; 5. lease is terminated by the landlord or the recipient household; or 6. recipient or any member of the household violates the terms of their service agreement. 7. households recertifying their eligibility will not be terminated for exceeding the income limitations as outlined in 02.42A.07.02, 2.2, of this regulation until the total household income exceeds 50% of area median income for a household of comparable size as most recently published by the United States Department of Housing and Urban Development. C. The Department may discontinue benefit payments, terminate the recipient from the Program, and exclude the recipient from future Program participation for any one of the following reasons: 1. recipient, or any household member, has improperly obtained benefit payments or improperly used benefit payments; 2. recipient, or any household member, is convicted of criminal activity that would adversely affect the health, safety or wellbeing of other persons. D. If the recipient or any household member is the victim of domestic violence, dating violence or stalking, the Department may not discontinue benefit payments or terminate Program participation because of the violence committed against them. 5.2 A recipient who receives an adverse decision under any provision in this section may seek a review of the adverse decision in accordance with the procedures specified in this regulation. 6.1 Waivers The Director may waive any Program requirement upon a finding of good cause. 6.2 Waiver Procedures All waivers must be requested in writing and must clearly state the requirement for which the waiver is being requested. Upon finding of good cause, the Director may grant a waiver, which must be in writing, and must clearly state the reason the requirement is being waived. 7.1 Falsification of Information Any person who knowingly makes or helps another person to make a false or misleading statement in order to obtain benefit payments: A. upon conviction shall be guilty of a Class A violation; B. may be required to repay the County any Program benefit payment improperly paid in reliance on the false or misleading statement; and C. may be required to pay the County interest on the total amount improperly paid at the rate of one percent per month on the outstanding balance owed until the total benefit payments improperly paid is repaid. 8.1 Notice to Recipient of Adverse Action A. The Department must notify a recipient in writing of an adverse action and provide a copy to the service coordinator. An adverse action includes a denial of a reapplication for Program benefit payments, a decision that the recipient failed to provide documentation requested in a reapplication, a decision to suspend, discontinue, reduce, or terminate assistance, a decision to seek to recover an overpayment or over issuance of benefit payments, or a decision that the Program intends to take any adverse action listed in this regulation. B. The notice of adverse action must include: 1. the decision, reasons for the decision, and regulations supporting the decision; 2. the right to request an in-person case review; 3. the method by which an in-person case review may be requested; 4. the right to be assisted by legal counsel, a relative, a friend, or other individual; 5. the right to appeal an unfavorable decision of an in-person case review by requesting an administrative review hearing; 6. the right, upon request, to have an interpreter present in any in-person case review or administrative review hearing; and 7. the waiver of the right to an administrative review hearing if a case review is not timely requested. 8.2 In-Person Case Reviews A. A recipient has 30 calendar days from the date of the Department’s notice of adverse action to request an in-person case review. Such request must be made in writing or in person to the Program administrator. The Department must, upon request, assist a recipient with requesting an in-person case review and provide an interpreter to assist the recipient with requesting an in-person case review, and attend the in-person case review. B. An in-person case review, consists of an informal in-person meeting of the recipient with the Program administrator. The Program administrator must review the oral and documentary information pertinent to the application, and must explain the basis for the proposed adverse action. The recipient must be provided the opportunity to present his or her reasons and explanation for why the adverse action is not warranted. C. Within 15 calendar days of the in-person case review, the Program administrator must send the recipient a notice of the decision from the in-person case review. The notice must state the basis for the decision. If the decision is adverse to the recipient, the notice must state that the recipient has the right to appeal the decision by requesting an administrative review hearing. The Program administrator must include a copy of the form for appealing the decision with the notice. 9.1 Appeals by Applicants and Recipients A. An applicant, or recipient, who requested a case review in a timely manner, may appeal an adverse case review decision by filing a written request for an administrative review hearing with the Department within 30 calendar days of the date of the notice of the adverse case review decision. Such request must be on a form provided by the Department with the notice of the adverse case review decision. B. The Department must, upon request, assist an applicant or a recipient with requesting an administrative review hearing or provide an interpreter to assist the applicant or recipient with requesting an administrative review hearing, and attend the administrative review hearing. 9.2 Conduct of the Administrative Review Hearing The Director will conduct the administrative review hearing. During the administrative review hearing, the Director must review the decision of the Program administrator, the relevant Program file, and the record of the case review. The Director must also hear and consider materials presented and arguments made by the appellant as to why the decision of the Program administrator is in error and should be reversed. The Director must conduct the hearing in a fair, even-handed manner, giving the appellant an adequate opportunity to fully present the appellant’s case, with due regard for the appellant’s education, experience and communication skills. 10.1 Except as provided in 01.42A.05, 5.1, A of this regulation, no adverse action must be taken against a recipient until the expiration of the following periods, to the extent applicable: A. the period for requesting an in-person case review; B. the appeal period following an adverse decision in an in-person case review; or C. issuance of the decision in an administrative review hearing. 10.2 Except as provided in 02.42A.07.07 of this regulation, a recipient will incur no repayment liability until, as applicable, the dater of the date of: A. the notice of the decision in the in-person case review; or B. the decision in the administrative review hearing. 11.1 If an applicant or recipient is aggrieved by a final decision of the Department in an administrative review hearing, that applicant, or recipient, may file an original compliant in the Circuit Court for Montgomery County, Maryland. 12.1 This regulation takes effect immediately upon the adoption of a resolution of approval by the County Council.