# COMAR Title 07 — Department of Human Services

## Subtitle 01 — Office of the Secretary

### Chapter 01 — Regulation Adoption and Declaratory Rulings

**Authority:** State Government Article, §§10-122, 10-123, 10-304, and 10-305, Annotated Code of Maryland

**Administrative History:** Effective date: January 5, 1977 (4:1 Md. R. 16)

**Administrative History:** Regulation .03 amended effective February 8, 1980 (7:3 Md. R. 262)

**Administrative History:** Regulations .01—.04 repealed and new Regulations .01—.05 adopted as an emergency provision effective March 9, 1998 (25:8 Md. R. 593); adopted permanently effective June 1, 1998 (25:11 Md. R. 820)

#### Regulation .01 Secretary of the Department.

*COMAR 07.01.01.01*

A. The Secretary of Human Services is responsible for promulgating the regulations of the Department.

B. For all agencies within the jurisdiction of the Department, the Secretary shall:

  (1) Review all proposed new regulations and amendments to regulations; and

  (2) Adopt, revise, or disapprove the proposed action.

C. Within the Department's jurisdiction are all of the Department's administrations, divisions, boards, commissions, offices, and other agencies.

#### Regulation .02 Adoption of Regulations.

*COMAR 07.01.01.02*

The Secretary shall propose and adopt all new, amended, and repealed regulations for regular promulgation and emergency action as prescribed in the Administrative Procedure Act, Annotated Code of Maryland.

#### Regulation .03 Waivers of Regulations.

*COMAR 07.01.01.03*

The Secretary may waive any regulation in this title for:

A. Purposes of a pilot or demonstration program; and

B. A maximum of 3 years from the date of the program implementation at which time the Secretary shall instruct the agency responsible for the pilot or demonstration program to:

  (1) Dissolve the pilot or demonstration program, or

  (2) Submit a petition to promulgate regulations to establish a permanent program.

#### Regulation .04 Petition for the Adoption or Waiver of Regulations.

*COMAR 07.01.01.04*

A. Who May File.

  (1) An interested person may file a petition with the Secretary requesting the promulgation, amendment, or repeal of a regulation.

  (2) A subdivision within the jurisdiction of the Department, as specified in Regulation .01C of this chapter, may file a petition requesting a waiver of a regulation for purposes of a pilot or demonstration program.

B. Form. The petition shall:

  (1) Be in writing;

  (2) Contain a:

    (a) Brief statement of a regulation requested to be promulgated, referenced to the regulation, amendment, or repeal being sought, and a statement of:

      (i) Any proposed amendment, and

      (ii) Reasons to support the proposed regulation change; or

    (b) Brief statement and justification of the requested waiver; and

  (3) Include the petitioner's:

    (a) Name;

    (b) Address;

    (c) Telephone number; and

    (d) Facsimile number, if available.

C. Petition Filed.

  (1) The petition shall be filed with the Secretary of Human Services for the Secretary's consideration and disposition.

  (2) A petition addressed to other Department officials or employees shall be forwarded to the Secretary within 48 hours of receipt of the petition.

  (3) The time period to respond to the petition, as indicated in §E of this regulation, begins on the date the Secretary receives the petition.

D. Consideration. The Secretary shall consider the petition and may use any of the following procedures to obtain additional information or views:

  (1) Publication of the petition or its summary in the Maryland Register;

  (2) Submission of the petition to other interested individuals requesting comments;

  (3) Public meetings or hearings on the petition; or

  (4) Any other procedure designed to obtain the views of the public on the petition's subject matter.

E. Disposition. Within 60 days after receipt of the petition, the Secretary shall:

  (1) Either:

    (a) Deny the petition stating the reasons for the denial, or

    (b) Initiate the promulgation or waiver of the regulation; and

  (2) Send written notice of the action taken on the petition to:

    (a) The petitioner, and

    (b) Any other individual requesting notification.

F. Department Records.

  (1) The Secretary shall maintain a file of all submitted petitions and responses.

  (2) The file shall be available for public inspection.

#### Regulation .05 Petition for Declaratory Rulings.

*COMAR 07.01.01.05*

A. Who May File. Any person may file with the Secretary a petition for a declaratory ruling regarding the applicability of a statute or regulation pertaining to the Department to any:

  (1) Person;

  (2) Property; or

  (3) State of facts.

B. Form. The petition shall:

  (1) Be in writing;

  (2) Contain a detailed statement of the facts to which the applicability of the statute or regulation is questioned and pose the question of whether and how the stated statute or regulation applies to the facts in the petition;

  (3) Include the petitioner's:

    (a) Name,

    (b) Address,

    (c) Telephone number, and

    (d) Facsimile number, if available; and

  (4) Include a notarized statement from the petitioner that the facts in the petition are true to the best of the petitioner's knowledge, information, and belief.

C. Submission, Consideration, and Disposition.

  (1) The petitioner shall file the petition with the Secretary for consideration and disposition.

  (2) The Secretary shall:

    (a) Consider the petition; and

    (b) Make a decision on the requested declaratory ruling.

  (3) The Secretary shall:

    (a) Notify the petitioner in writing of the decision within 60 days of receipt of the petition; and

    (b) Include the reasons for the action the Secretary may take.

### Chapter 02 — Procedures for Access to Records

**Authority:** Article 88A, §5; State Government Article, §10-611 et seq.; Article 41, Title 6; Annotated Code of Maryland

**Administrative History:** Effective date: February 1, 1973

**Administrative History:** Regulation .04D amended affective December 10, 1975 (2:28 Md. R. 1666); December 2, 1985 (12:24 Md. R. 2346)

**Administrative History:** Regulations .01—.07, Confidential Nature of Records, repealed effective October 28, 1991 (18:21 Md. R. 2305)

**Administrative History:** Regulations .01—.11, Procedures for Access to Records, adopted effective October 28, 1991 (18:21 Md. R. 2305)

**Administrative History:** Chapter revised effective April 5, 1999 (26:7 Md. R. 540)

**Administrative History:** Regulation .02B amended June 18, 2007 (34:11 Md. R. 971)

**Administrative History:** Regulation .04A, B amended June 18, 2007 (34:11 Md. R. 971)

#### Regulation .01 Scope.

*COMAR 07.01.02.01*

This chapter establishes procedures for requesting and gaining access to records and information of the Department of Human Services and the local departments of social services.

#### Regulation .02 Definitions.

*COMAR 07.01.02.02*

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 administrations within the Department of Human Services:

    (a) Social Services Administration;

    (b) Family Investment Administration;

    (c) Child Support Administration.

  (3) “Custodian” means an authorized employee of the Department, an administration, or a local department having actual control and custody of a record.

  (4) “Department” means the Department of Human Services, its administrations, and the local departments.

  (5) “Information” means any part of a record, in any form.

  (6) “Local department” means the department of social services in a county or Baltimore City, and the Montgomery County Department of Health and Human Services.

  (7) “Official custodian” means the executive head of the Department, administration, or local department in which a record is located.

  (8) “Record” means the original or any copy of any documentary material, in any form, in the transaction of public business, that is made by, received by, or received from:

    (a) The State;

    (b) Any county or city of the State; or

    (c) Any subdivision or agency of the State, a county, or a city.

  (9) “Requestor” means a person requesting disclosure of or access to a record.

  (10) “State” means the State of Maryland.

  (11) “Working day” means a day other than a Saturday, Sunday, State holiday, or other day on which State offices are not open for official business.

#### Regulation .03 Requestor's Procedure for Requesting Disclosure or Personal Review of a Record.

*COMAR 07.01.02.03*

A. A request for information from, or an opportunity to review, a record of the Department, an administration, or a local department shall be made to the custodian of the record.

B. Requests to personally review a record shall be in writing.

C. Requests For Information From a Record.

  (1) Requests may be made orally or in writing.

  (2) The custodian may require that an oral request be made in writing, if the custodian reasonably believes that having the request in writing will assist the custodian in responding to the request.

D. A written or oral request shall include:

  (1) The name, title, address, and telephone number of the requestor;

  (2) A reasonable identification of the records sought;

  (3) The signature of the requestor, if the request is in writing; and

  (4) A general statement of the purpose for the records, if the request is for records of Social Services, Family Investment, Community Services, Child Support Enforcement, or Medical Assistance programs.

#### Regulation .04 Department's Procedures for Responding to a Request for Disclosure or Personal Review of a Record.

*COMAR 07.01.02.04*

A. Oral Requests for Information.

  (1) If the individual who receives a request is not the custodian of the record, the individual shall immediately provide the requestor with reasonably obtainable information as to the identity and location of the custodian of the record.

  (2) Within 10 working days of receiving a request, the custodian of a requested record shall take the needed actions set forth in §A(3) of this regulation that are permitted by this chapter and other applicable State and federal confidentiality regulations and laws.

  (3) The custodian shall:

    (a) Provide the requestor, either orally, in writing, or by sending or faxing a copy of the relevant documents, with whatever requested information may be released;

    (b) Deny the request as to information which cannot be disclosed as a matter of law; or

    (c) Advise the requestor to submit a written request in accordance with §B of this regulation and Regulation .03C of this chapter.

  (4) In denying an oral request for information, the custodian shall give the reason for the denial.

B. Written Requests for Information or for Access to a Record.

  (1) If the individual who receives a written request is not the custodian of the record, the individual shall, within 10 working days of receipt of the request, provide the requestor with reasonably obtainable information as to the identity and location of the custodian of the record.

  (2) The custodian of a requested record shall respond in writing to a written request within 30 working days of receipt of the request. The response shall include:

    (a) Disclosure of that part of the requested information which the custodian determines may be disclosed as a matter of State and federal confidentiality law, except as provided in Regulation .05 of this chapter;

    (b) If requested, permission to personally review records which may be disclosed as a matter of law, except as provided in Regulation .05 of this chapter;

    (c) Denial of disclosure of that part of the requested information which the custodian determines may not be disclosed as a matter of law or pursuant to Regulation .05 of this chapter;

    (d) If the custodian grants a request to personally review records, notification to the requestor of a reasonable date and hour, within 30 days following the receipt of the request, when the records will be available for inspection and copying; and

    (e) Notification to the requestor of any requested record which does not exist or has been lost or destroyed.

  (3) If, after arranging a time for inspection or copying, the custodian learns that a requested record has been lost or destroyed, the custodian shall notify the requestor of that fact within 10 working days of learning of the loss or destruction.

  (4) A custodian's denial of a written request for disclosure or review of a record shall include a written statement of the:

    (a) Reason for the denial;

    (b) Regulation upon which the denial is based; and

    (c) Procedures for obtaining review of the denial as set forth in Regulation .07 of this chapter.

C. With the consent of the requestor, a custodian may extend a time period established by this regulation for an additional period not to exceed 30 days. The custodian shall document the consent of the requestor to an extension in the record.

#### Regulation .05 Court-Ordered Denial of Disclosure.

*COMAR 07.01.02.05*

If the official custodian believes that disclosure of a record would cause substantial injury to the public interest, but no other regulation or law permits denial of the request, the custodian may:

A. Temporarily deny disclosure of the record; and

B. Within 10 working days of the denial, petition the circuit court for the jurisdiction in which the record is located for an order permitting continued denial of inspection.

#### Regulation .06 Response to a Subpoena.

*COMAR 07.01.02.06*

A. If, under a subpoena, a custodian is required to produce or testify about a record, disclosure of which is not permitted by this chapter, the custodian shall:

  (1) Call the court's attention to this chapter and any other relevant confidentiality law, including applicable federal regulations; and

  (2) Ask the court for permission not to comply with the subpoena.

B. If the court denies the request for permission not to comply with a subpoena to produce records, the custodian shall:

  (1) Request the court to review the documents in chambers and to order disclosure only as required by due process; and

  (2) Specifically request that only a summary, which shall exclude the identity of the reporter of any allegation of child abuse or neglect, of the information contained in the record be disclosed.

C. If the court orders disclosure of the actual record, the custodian shall request permission to delete the identity of the reporter of any allegations of child abuse or neglect.

D. If the court orders that the custodian provide copies of the records, the custodian shall also request that the agency be permitted to charge appropriate fees to the party requesting the records, in accordance with Regulation .10 of this chapter.

#### Regulation .07 Administrative and Judicial Review of Denial.

*COMAR 07.01.02.07*

A. If the custodian denies a written request for inspection for a reason other than because the official custodian has obtained a court order under Regulation .05 of this chapter, the requestor may:

  (1) Within 30 days of receipt of notice of the denial, request an administrative hearing on the denial; or

  (2) File an appropriate action in circuit court in accordance with State Government Article, §10-623, Annotated Code of Maryland.

B. Appeals. A requestor may:

  (1) Only appeal a written request for access to a record to an administrative hearing or a circuit court; or

  (2) Submit a written request for disclosure or personal review of the record containing the information sought, if denied an oral request for information.

C. An administrative hearing authorized by this regulation shall be conducted in accordance with the Department's regulations and procedures for fair hearings.

D. If the agency's final decision on an administrative hearing is a total or partial denial of a request, the requestor may appeal to the appropriate circuit court pursuant to State Government Article, §10-222, Annotated Code of Maryland.

#### Regulation .08 Time and Place of Inspection.

*COMAR 07.01.02.08*

If the custodian grants a request to review a record, the requestor may inspect the record at the agency at which the public record is located, during the agency's normal working hours, or at a more suitable and convenient place for inspection requested by the requestor and approved by the custodian.

#### Regulation .09 Copies.

*COMAR 07.01.02.09*

A requestor who is authorized to review a record is entitled to receive a copy of that record.

#### Regulation .10 Fees.

*COMAR 07.01.02.10*

A. The custodian may charge the requestor the fee set forth in §B of this regulation for the search for, and preparation, reproduction, and delivery of, a record authorized to be disclosed.

B. Unless provided otherwise by other statute or regulation, the duplication fee schedule is:

  (1) 25 cents a page when reproduction can be made by a photocopying machine located within the agency of the custodian of the record;

  (2) The actual cost of reproduction when the record is not susceptible to photocopying or needs to be copied outside the agency;

  (3) An additional $1 a page if the requestor asks that a copy be certified as a true copy of the original;

  (4) A reasonable fee for any time in excess of 2 hours which is spent by agency staff searching for the record, preparing the record for inspection, or copying the record; and

  (5) If the requestor asks that copies be mailed or delivered to the requestor, the cost of postage or delivery.

C. Before reproducing the record, the custodian:

  (1) Shall estimate the cost of reproduction and obtain the requestor's agreement to pay the cost; and

  (2) May require prepayment of an estimated fee before reproducing the record.

D. If fees for copies, printouts, photographs, or certified copies are specifically set out by a law other than the Act or this regulation, that specific fee controls.

#### Regulation .11 Criminal Penalty.

*COMAR 07.01.02.11*

A court may find a willful or knowing violation of this chapter to be a criminal misdemeanor punishable by a fine not exceeding $1,000.

### Chapter 03 — Nondiscrimination

**Authority:** Article 49B, §7; State Finance and Procurement Article, §§11-105(b), (e), 11-148, and 11-209; State Personnel and Pensions Article, Title 5, Subtitle 2; Annotated Code of Maryland

**Administrative History:** Effective date: December 10, 1975 (2:28 Md. R. 1667)

**Administrative History:** Chapter revised effective November 23, 1981 (8:23 Md. R. 1854)

**Administrative History:** Regulation .01E adopted effective May 30, 1988 (15:11 Md. R. 1329)

**Administrative History:** Regulation .04 renumbered to Regulation .05 and new Regulation .04 adopted effective May 30, 1988 (15:11 Md. R. 1329)

**Administrative History:** Regulation .05 renumbered to Regulation .06 and amended effective May 30, 1988 (15:11 Md. R. 1329)

**Administrative History:** Chapter revised effective November 1, 1999 (26:22 Md. R. 1691)

**Administrative History:** Regulation .03B amended effective April 9, 2007 (34:7 Md. R. 696)

#### Regulation .01 Purpose.

*COMAR 07.01.03.01*

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 delivery by the Department and its contractors.

#### Regulation .02 Definitions.

*COMAR 07.01.03.02*

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 local department of social services in a county or Baltimore City, and the Montgomery County Department of Health and Human Services.

  (4) “Secretary” means the Secretary of Human Services.

#### Regulation .03 Nondiscrimination Requirement.

*COMAR 07.01.03.03*

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 services to the public, discrimination is prohibited based on:

    (a) Race;

    (b) Religion;

    (c) Color;

    (d) National origin;

    (e) Sex;

    (f) Physical or mental disability;

    (g) Age; or

    (h) Sexual orientation.

  (2) Discrimination is allowed when the distinction is based on:

    (a) Sex or age permitted or required by statute;

    (b) Religion necessary to protect the religious heritage of a minor; or

    (c) Disability necessary to provide disabled individuals with aid, care, services, or benefits that are comparable to all recipients.

C. In employment practices, discrimination is prohibited based on:

  (1) Political or religious opinion or affiliation;

  (2) Marital status; and

  (3) §B(1) of this regulation.

D. This regulation applies to other agencies, organizations, employers, institutions, and contractors from whom the Department purchases services, except when the discriminatory practices are permitted by law.

#### Regulation .04 Discrimination Prohibited.

*COMAR 07.01.03.04*

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) Deny any aid, care, service, or other benefits provided under any program;

    (b) Subject any individual to segregation or separate treatment related to the receipt of any aid, care, service, or other benefit provided under any program;

    (c) Treat an individual differently from others in determining whether the individual satisfies requirements which all individuals must meet in order to receive any aid, care, service, or benefit under the program; or

    (d) Fail or refuse to refer for employment or training except in employment when this distinction represents a bona fide qualification for employment or training.

  (2) The Department and the local department of social services may distinguish when distinction on the basis of:

    (a) Sex or age is otherwise permitted or required by statute; (b) Religion is necessary to protect the religious heritage of a minor; or  (c) Disability is necessary to provide disabled individuals with aid, care, service, or benefits that are as effective as those provided to others.

B. Employment Practices. The Department or local departments may not discriminate in employment practices on the grounds of political or religious affiliation or opinion, marital status, race, color, national origin, sex, physical or mental disability, or age.

C. Boards and Private Vendors. Local social services boards and private purchase of service vendors may not deny a qualified individual the opportunity to participate as a member of a planning or advisory body that is an integral part of the program. Advisory boards or committees shall be representative of the population of the geographical area served.

D. Performance of Service. In performing service to the public, the Department or local departments and individual employees may not:

  (1) Discriminate on the basis of religious or political opinion or affiliation, marital status, race, color, national origin, sex, physical or mental disability, or age;

  (2) Authorize the use of state facilities in furtherance of discriminatory practices or use by any group or organization which discriminates in its membership or other policies on the basis of these factors.

E. Employment Referral and Placement Services. Any employee of the Department or local department engaged in employment referral and placement service for private industry or public agencies shall:

  (1) Fill all job orders on a nondiscriminatory basis;

  (2) Decline any job order carrying a specification or limitation as to political or religious opinion or affiliation, marital status, race, color, national origin, sex, physical or mental disability, or age unless it relates to a bona fide job requirement.

F. Vocational Guidance and Training Programs. The Department or local department, in funding or supervising any educational vocational guidance counseling programs and all apprentice and on-the-job training programs, shall conduct these programs to encourage the fullest development of interest and aptitude without regard to political or religious opinion or affiliation, marital status, race, color, national origin, sex, physical or mental disability, or age unless it relates to a bona fide job requirement which shall require justification and approval.

G. Facility Site and Location. In determining the site or location of a facility, the Department or local departments may not make selections directly or through contractual or other arrangements that have the effect on anyone of excluding or discriminating on the basis of race, color, national origin, sex, physical or mental disability, or age. The Department or local departments shall make all programs accessible to the disabled.

#### Regulation .05 Affirmative Action Program.

*COMAR 07.01.03.05*

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 limited to:

  (1) Recruitment or recruitment advertising;

  (2) Employment promotion, upgrading, demotion, transfer, layoff, or termination;

  (3) Changes to rates of pay or other forms of compensation; and

  (4) Selection for training.

#### Regulation .06 Minority Business Enterprise.

*COMAR 07.01.03.06*

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) Maintenance; and

  (4) Construction.

B. The Department and local departments shall maintain written records to document the:

  (1) Number of MBE participants; and

  (2) Dollar value of each contract.

#### Regulation .07 Compliance.

*COMAR 07.01.03.07*

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.

#### Regulation .08 Filing Complaints of Discrimination.

*COMAR 07.01.03.08*

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 employment may be filed with the:

  (1) Department's Office of Employment and Program Equity;

  (2) Department of Budget and Management, Office of Personnel Services and Benefits, Employee Relations Unit;

  (3) Maryland Commission on Human Relations;

  (4) Federal Equal Employment Opportunity Commission; or

  (5) Department or agency with jurisdiction over a program.

C. Complaints concerning the delivery of services may be filed with the:

  (1) Department's Constituent Services Office;

  (2) Department's Office of Employment and Program Equity;

  (3) United States Department of Agriculture, Office for Civil Rights;

  (4) United States Department of Health and Human Services, Office for Civil Rights; or

  (5) Department or agency with jurisdiction over a program.

### Chapter 04 — Administrative Hearings

**Authority:** Family Law Article §§10-108.1—10-108.4, 10-112.1, 10-113, 10-113.1, 10-113.2, 10-114, 10-119, 10-119.3, and 12-102.3;Human Services Article, §§5-303, 5-408, and 5-501; State Government Article, §§9-1607.1, 9-1607.2, and 10-201—10-222;Transportation Article, §11-203; Annotated Code of MarylandAgency Note: Federal Regulatory Reference: 7 CFR §§273.15 and 273.16, and 45 CFR §§303.32c(5), 303.72 and 303.105;and 42 U.S.C. §666(a)(17) and (c)(1)(G)(ii)

**Administrative History:** Effective date: April 5, 1999 (26:7 Md. R. 540)

**Administrative History:** Regulation .03 amended effective April 15, 2002 (29:7 Md. R. 619); March 17, 2003 (30:5 Md. R. 366); October 22, 2007 (34:21 Md. R. 1913); May 22, 2017 (44:10 Md. R. 469)

**Administrative History:** Regulation .03C amended effective December 11, 2003 (30:24 Md. R. 1739); October 24, 2005 (32:21 Md. R. 1706); March 9, 2009 (36:5 Md. R. 421); May 16, 2011 (38:10 Md. R. 614)

**Administrative History:** Regulation .03G amended effective March 9, 2009 (36:5 Md. R. 421)

**Administrative History:** Regulation .03H amended effective December 11, 2003 (30:24 Md. R. 1739)

**Administrative History:** Regulation .04C amended effective August 19, 2002 (29:16 Md. R. 1286)

**Administrative History:** Regulation .05B amended effective October 22, 2007 (34:21 Md. R. 1913)

**Administrative History:** Regulation .08B amended effective August 19, 2002 (29:16 Md. R. 1286)

**Administrative History:** Regulation .11 amended effective August 19, 2002 (29:16 Md. R. 1286)

**Administrative History:** Regulation .21C amended effective October 22, 2007 (34:21 Md. R. 1913)

#### Regulation .01 Scope.

*COMAR 07.01.04.01*

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 Child Support Administration; and

  (4) Other programs specifically referring to this chapter.

B. Construction.

  (1) In hearings conducted by an administrative law judge of the Office of Administrative Hearings (OAH), this chapter shall, whenever possible, be construed as supplementing and in harmony with COMAR 28.02.01 Rules of Procedure of the OAH.

  (2) In the event of a conflict between this chapter and COMAR 28.02.01, this chapter applies.

  (3) In the event of a conflict between this chapter and program regulations, the program regulations apply.

#### Regulation .02 Definitions.

*COMAR 07.01.04.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administrative law judge” means an administrative law judge of the Office of Administrative Hearings.

  (2) Agency.

    (a) “Agency” means the agency providing assistance or from which assistance has been requested.

    (b) “Agency” includes:

      (i) Local departments of social services;

      (ii) The Child Support Administration; and

      (iii) Any other agency administering or providing assistance under contract with the Department of Human Services or other agency pursuant to Title XX of the Social Security Act.

  (3) “Appellant” means an applicant, recipient, or other individual who is:

    (a) Authorized by regulation to request an appeal under this chapter; or

    (b) The subject of an intentional program violation proceeding.

  (4) “Applicant” means an individual for whom assistance has been requested, or the individual's authorized representative.

  (5) “Assistance” means a benefit or service provided by any program to which this chapter applies.

  (6) “Authorized representative” means:

    (a) An individual, organization, or institution authorized to act on behalf of an individual who receives or has received assistance, or for whom assistance has been requested; or

    (b) An individual, organization, or institution designated by an appellant to assist in an appeal under this chapter.

  (7) “Hearing” means a contested case hearing as defined in State Government Article, §10-202(d), Annotated Code of Maryland.

  (8) “Intentional program violation” means an intentional program violation under COMAR 07.03.10.

  (9) “Office of Administrative Hearings (OAH)” means the unit within the Executive Branch established by State Government Article, §9-1602, Annotated Code of Maryland.

  (10) “Party” means:

    (a) The appellant;

    (b) The agency;

    (c) In a case concerning enforcement of a child support obligation, any individual to whom the appellant owes child support by order of a court; and

    (d) Any other individual deemed by OAH to be a proper party.

  (11) “Recipient” means an individual who receives or has received assistance, or that individual's authorized representative.

  (12) “Record review” means a review of relevant agency records and of any evidence submitted by a party.

  (13) “Secretary” means the Secretary of Human Services or a designee of the Secretary.

  (14) “Secretary's delegation” means the Secretary's delegation of hearing authority made pursuant to State Government Article, §10-205, Annotated Code of Maryland, and Regulation .21 of this chapter.

#### Regulation .03 Appeal Request.

*COMAR 07.01.04.03*

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 promptness on an application for, or a request for adjustment of, assistance; or

  (4) Gives notice of its intention to take any of the actions listed in §A(1)—(3) of this regulation.

B. Appeal by Recipient. A recipient may request a hearing when the agency:

  (1) Suspends, reduces, or terminates assistance;

  (2) Makes a decision affecting a plan of service to a recipient;

  (3) Makes a decision affecting a recipient's licensing, approval, or registration;

  (4) Makes a decision affecting the method of providing assistance;

  (5) Refers a recipient to a work program;

  (6) Takes a position regarding the disposition of the conciliation process as set forth in COMAR 07.03.03.15;

  (7) Imposes sanctions on a recipient;

  (8) Recovers an overpayment or over issuance in assistance; or

  (9) Gives notice of its intention to take any of the actions listed in §B(1)—(8) of this regulation.

C. Child Support Enforcement Appeals. An individual may request a hearing or a record review when the agency:

  (1) Has caused the interception or offset of all or part of the individual’s State tax refund, abandoned property, or any payment due to the obligor from the Comptroller of the Treasury, or lottery prize as a result of an arrearage in child support;

  (2) Has caused the interception or offset of all or part of the individual's federal tax refund or federal payment authorized under 31 U.S.C. §3716 as a result of a child support arrearage reported to the federal Office of Child Support Enforcement;

  (3) Has caused the denial or revocation of the individual's passport as a result of a child support arrearage reported to the federal Office of Child Support Enforcement;

  (4) Has decided to disclose information regarding the individual's court-ordered child support obligation to:

    (a) The Motor Vehicle Administration;

    (b) A consumer reporting agency; or

    (c) A business, occupation, or professional licensing authority; or

  (5) Has denied the individual participation in the payment incentive program; or

  (6) Has conducted an investigation pursuant to COMAR 07.07.12, 07.07.15, 07.07.16, 07.07.19, 07.07.20, or 07.07.21, and the individual disagrees with the results of that investigation.

D. Notice. At the time of application, and at any time an individual expresses to the agency disagreement with an agency action or intended action, the agency shall notify the individual in writing of:

  (1) The right to request an appeal;

  (2) The method by which an appeal may be requested;

  (3) Any applicable fees;

  (4) The right to be represented in an appeal by a lawyer, relative, friend, or other individual; and

  (5) The availability of any free legal services.

E. Adverse Action Notice. The agency shall send written notice of any adverse action in writing, and, in addition to the information specified in §D of this regulation, the notice shall include the:

  (1) Decision;

  (2) Basis for the decision; and

  (3) Specific regulation supporting the decision.

F. Time to Appeal — General. Except as provided in §§H and I of this regulation, the request for a hearing or record review is effective if the agency receives the request:

  (1) Within 90 calendar days of the agency mailing or delivering timely and adequate notice, whichever is earlier;

  (2) Within 90 calendar days of the agency action if the agency failed to give timely and adequate notice;

  (3) Within 90 calendar days of any date by which the agency was required to act on an application or to make an adjustment in assistance and failed or refused to act; or

  (4) With regard to a dispute as to the current level of food stamps, at any time within the current food stamp certification period.

G. Time to Appeal — Child Support Enforcement. With regard to child support enforcement appeals, the request is effective if OAH receives it within:

  (1) 15 calendar days:

    (a) Of the State Lottery Agency's notice of action or intended action pursuant to COMAR 07.07.10; or

    (b) After the appellant receives the written results of an investigation issued by the Administration pursuant to COMAR 07.07.20;

  (2) 20 calendar days of the Child Support Administration's notice of action or intended action pursuant to COMAR 07.07.15; or

  (3) 30 calendar days:

    (a) After the date of the notice denying the individual participation in the payment incentive program;

    (b) After the date of the notice of the results of an investigation conducted by the Administration pursuant to COMAR 07.07.19 and 07.07.21; or

    (c) Of notice of action or intended action in any other child support matter from:

      (i) The Child Support Administration;

      (ii) The State Comptroller;

      (iii) Any licensing authority;

      (iv) The Internal Revenue Service of the United States;

      (v) The United States Department of State; or

      (vi) The Financial Management Service of the United States Department of the Treasury.

H. Time to Appeal — Office of Home Energy Programs (OHEP).  With regard to OHEP appeals, the request is effective if OHEP or the Office of Administrative Hearings receives the request:

  (1) Within 30 calendar days of the agency mailing or delivering timely and adequate notice, whichever is earlier;

  (2) Within 30 calendar days of the agency action if the agency failed to give timely and adequate notice; or

  (3) Within 30 calendar days of any date by which the agency was required to act on an application or to make an adjustment in assistance and failed or refused to act.

I. An appeal request:

  (1) Is made by expressing a desire to appeal;

  (2) May be received by any social worker, caseworker, or manager, interviewer, or other employee of the agency whose assignment requires contact with the public; and

  (3) Whether communicated formally or informally, shall be reported immediately to the agency's designated hearing coordinator.

J. Except as provided in §§I and L of this regulation, the filing date of the appeal request is the date the agency received the request in writing.

K. Oral Appeal Requests.

  (1) Either the agency or the appellant shall reduce an oral appeal request to writing within 7 calendar days of the oral appeal request.

  (2) The agency shall ask the appellant to reduce an oral request to writing and shall offer to assist the appellant.

  (3) If the appellant refuses to do so, the agency shall reduce the request to writing.

  (4) When the request is reduced to writing, the date of the oral request is considered to be the filing date of the request.

L. Agency Assistance in the Appeal Request.

  (1) The agency shall assist the appellant in completing an appropriate appeal request form to ensure that it contains all the information required to process the request.

  (2) When it is unclear from the request what action is being appealed, the agency may ask the appellant to clarify the request.

  (3) When necessary, the agency shall provide an interpreter to:

    (a) Assist the appellant in filing an appeal request; and

    (b) Assure that the hearing procedure is explained in a manner understood by the appellant.

#### Regulation .04 Processing of Appeal Requests.

*COMAR 07.01.04.04*

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 all appeal requests in a timely manner.

C. Within 5 business days of either the filing date of a written appeal request or the date that an oral request is reduced to writing, the agency shall:

  (1) Forward the following information to OAH:

    (a) Date of the request,

    (b) Name and address of the appellant,

    (c) Name and address of the agency representative,

    (d) Action being appealed,

    (e) Date of the action being appealed; and

    (f) Date notice of the action was mailed to the appellant; and

  (2) Acknowledge to the appellant receipt of the appeal request.

D. Conference.

  (1) When the agency acknowledges receipt of an appeal request, the agency shall promptly:

    (a) Offer the appellant a conference; and

    (b) Advise the appellant that the conference is optional and will not delay or replace the hearing.

  (2) An agency supervisor shall attend the conference.

  (3) The case manager responsible for the action may also attend.

  (4) Although a conference may lead to an informal resolution of the dispute, a hearing shall be held unless the appellant withdraws the appeal request in writing.

  (5) If an appellant requests a conference in an appeal concerning denial of a request for expedited food stamps, the agency shall hold the conference within 2 business days of the filing date of the request unless the appellant asks that it be delayed.

#### Regulation .05 Continuation of Assistance Pending Appeal.

*COMAR 07.01.04.05*

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 timely and adequate notice from the agency;

  (2) The date of the agency's action if the agency failed to give timely notice; or

  (3) The date by which the agency was required to act on an application or to make an adjustment in assistance, and the agency failed or refused to act.

B. Assistance may not be continued or reinstated pending appeal if:

  (1) An appellant specifically requests that assistance not be continued or reinstated pending appeal;

  (2) The eligibility or certification period for the assistance has expired;

  (3) Assistance has been reduced or terminated due to a change in federal or State law or regulation and the appeal does not appear to concern misapplication of the change; and

  (4) Continuation or reinstatement of the service at issue would threaten the health or safety of other individuals.

C. An appeal request form shall contain:

  (1) An opportunity for the appellant to request that assistance not be continued or reinstated pending appeal; and

  (2) A statement that the appellant is responsible for repaying any assistance paid during the appeal process if the agency's position is upheld.

D. Once continued or reinstated, assistance may not be suspended, reduced, or terminated before the appellant and the agency receive a final administrative decision unless:

  (1) The eligibility or certification period expires, in which case the appellant may reapply and be considered for eligibility for the new eligibility or certification period;

  (2) The administrative law judge makes a preliminary written determination, after a hearing, that:

    (a) Assistance has been reduced or terminated due to a change in State or federal law or regulation, and

    (b) The appellant has no valid claim that the agency misapplied the change;

  (3) An appellant fails to request an appeal after receiving a separate and unrelated notice that assistance will be suspended, reduced, or terminated; or

  (4) The appellant receives a subsequent notice of adverse action while the appeal is pending that is based on a change in State or federal law or regulation, and the appellant has no valid claim that the agency misapplied the change.

E. The agency shall promptly inform the appellant in writing when assistance is suspended, reduced, or terminated while the appeal is pending.

#### Regulation .06 Denial or Dismissal of Request for Appeal.

*COMAR 07.01.04.06*

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 appellant fails to appear at the scheduled hearing;

D. Assistance has been reduced or terminated due to a change in federal or State law or regulation and the appeal does not concern misapplication of the change; or

E. The appellant has failed to pay any filing fees required by OAH.

#### Regulation .07 Scheduling and Notice.

*COMAR 07.01.04.07*

A. Except as provided in §§B and D of this regulation, upon receiving an appeal request, OAH shall:

  (1) Promptly schedule a hearing; and

  (2) Send the parties a hearing notice at least 15 calendar days before the scheduled hearing.

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

  (1) Promptly schedule a hearing; and

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

C. Hearing Notice. The hearing notice shall:

  (1) Summarize the hearing procedures;

  (2) Advise the appellant of:

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

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

    (c) The availability of any free legal services,

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

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

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

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

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

    (a) The charge,

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

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

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

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

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

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

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

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

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

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

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

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

G. Consolidated Appeals.

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

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

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

#### Regulation .08 Prehearing Procedures.

*COMAR 07.01.04.08*

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 case of an unforeseen event requiring postponement and occurring less than 5 business days before a scheduled hearing, calling the OAH clerk's office as soon as possible.

  (2) Except as provided in §A(3) of this regulation, if OAH finds that good cause exists, OAH shall set another time or place for the hearing and notify the parties of the change.

  (3) In an appeal concerning food stamps or an intentional program violation, the appellant is entitled to one postponement of the scheduled hearing of up to 30 calendar days without the need to demonstrate good cause.

  (4) Any time limits applicable to the issuance of a final administrative decision are extended by the length of the delay caused by a postponement:

    (a) Requested by the appellant; or

    (b) Granted by the administrative law judge due to the appellant's introduction of new evidence pursuant to Regulation .10I of this chapter.

B. Summaries.

  (1) The agency shall:

    (a) Prepare a summary of the facts pertinent to the case and of the basis for its action; and

    (b) Send the summary and copies of all documents that it intends to present at the hearing to the appellant and to OAH at least 6 calendar days before the date of the hearing.

  (2) If the agency fails to comply with the requirements of §B(1)(b) of this regulation, the administrative law judge may, at the appellant's request, grant a continuance as necessary to allow the appellant to review an agency summary and any proposed exhibits.

C. The appellant may examine the agency's records relating to the appellant's case to prepare for the hearing, but the agency shall protect from disclosure information that the agency is required to keep confidential.

D. Except as provided in this chapter, a party may not engage in prehearing discovery.

#### Regulation .09 Motions.

*COMAR 07.01.04.09*

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 written motion shall:

    (a) Be filed not later than 10 calendar days before a scheduled hearing or prehearing conference;

    (b) State concisely the question to be determined;

    (c) Be accompanied by any necessary supporting documentation and argument;

    (d) Be served on each party; and

    (e) Include:

      (i) A statement as to whether the party requests a prehearing telephone conference, and

      (ii) A telephone number where the party may be reached.

  (3) Any answer to a written motion shall:

    (a) Be filed on the earlier of:

      (i) 5 calendar days after receipt of the motion, or

      (ii) The date of any hearing or prehearing conference; and

    (b) Include a telephone number where the party may be reached.

  (4) When requested, the administrative law judge shall attempt to hold a prehearing conference with the parties by telephone and rule on all written motions that may affect the conduct of the hearing.

  (5) The administrative law judge shall rule on all motions:

    (a) On the record during a hearing or prehearing conference; or

    (b) In a written decision issued before or with the administrative law judge's proposed or final decision.

B. Dispositive Motions.

  (1) In ruling on a motion that disposes of the appeal or of a substantive issue in the appeal, the administrative law judge shall issue a proposed or final order in accordance with the Secretary's delegation.

  (2) Motion to Dismiss. The administrative law judge may grant a motion to dismiss an appeal that is untimely or that otherwise fails to state a claim for which agency relief may be granted.

  (3) Motion for Summary Decision.

    (a) A party may move for summary decision on any substantive issue in the case.

    (b) The administrative law judge may grant a motion for summary decision if the administrative law judge finds that:

      (i) There is no genuine issue as to any material fact; and

      (ii) The moving party is entitled to prevail as a matter of law.

#### Regulation .10 Hearing Procedures.

*COMAR 07.01.04.10*

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) Limit the number of individuals at the hearing; and

  (3) Cause the removal of any individual whose conduct is detrimental to an orderly hearing.

B. Witnesses.

  (1) Upon request by a party, the administrative law judge shall exclude witnesses other than the parties and their representatives from the hearing room, except when testifying.

  (2) The administrative law judge shall order the witnesses, parties and their representatives, and all others present not to disclose to any witness excluded under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced in the witness' absence.

  (3) An expert witness who is to render an opinion based on testimony given at the hearing may remain during that testimony.

C. Interpreters.

  (1) When necessary and upon adequate notice, the agency shall provide an interpreter to assist the appellant during the hearing.

  (2) Upon the motion of a party, an administrative law judge may appoint an interpreter to assist the appellant during the hearing.

  (3) An administrative law judge shall require any interpreter to take an oath or affirm on the record that the translation or interpretation will be accurate.

D. Presentation of Evidence.

  (1) The hearing shall be conducted in accordance with State Government Article, §10-213, Annotated Code of Maryland.

  (2) Each party may:

    (a) Present witnesses, affidavits, documentary evidence, and oral argument;

    (b) Cross-examine any adverse witness; and

    (c) Examine all documents introduced in the hearing.

  (3) An administrative law judge may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give effect to that evidence.

  (4) Evidence may not be excluded solely on the basis that it is hearsay.

  (5) In a hearing concerning an intentional program violation, the administrative law judge:

    (a) Shall advise the individual or representative that the individual may refuse to answer questions during the hearing; and

    (b) May not introduce into the hearing record or rely on the following in making a decision:

      (i) Confidential information that is protected from release, or

      (ii) Other documents or records that the appellant is not able to contest or challenge.

E. Telephone and Electronically Conducted Hearings.

  (1) If a party does not object, an administrative law judge may conduct all or part of a hearing by telephone, video, or other electronic means.

  (2) All substantive and procedural rights shall apply, subject only to the limitations of the physical arrangement.

  (3) Unless waived by the parties, documentary evidence to be offered shall be sent to all parties and the administrative law judge at least 6 calendar days before the hearing.

  (4) The following may be considered a failure to appear:

    (a) Failure on two occasions not less than 15 minutes apart to:

      (i) Answer the telephone, or

      (ii) Free the telephone for a hearing; or

    (b) Any other failure to be ready to proceed with the hearing as scheduled.

F. All hearings shall be recorded.

G. The appellant may be represented by a lawyer, relative, friend, or other individual.

H. The agency shall be represented by an individual designated by the agency.

I. Newly Produced Evidence. If the appellant seeks to introduce evidence having a bearing on the issue to be decided that the appellant has not previously presented to the agency, the administrative law judge may, at the request of the agency, grant a continuance or postponement to allow the agency to review the newly produced evidence.

J. Additional Medical Assessment. If the hearing involves medical issues, the administrative law judge may, if necessary, require and receive as part of the administrative record further medical assessment at the agency's expense.

K. Group Hearing. In a group hearing, OAH shall:

  (1) Follow the procedure applicable to an individual hearing; and

  (2) Permit each individual appellant to be represented and to present a case.

#### Regulation .11 Failure to Appear.

*COMAR 07.01.04.11*

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 an order advising the party that unless the party establishes in writing within 20 calendar days good cause for failing to appear, a proposed or final default order, in accordance with the Secretary's delegation, will be entered without further notice to the parties.

B. If a party claims good cause for failure to appear, as provided in §A of this regulation:

  (1) Within 2 business days of receiving the written claim of good cause, OAH shall forward a copy to all other parties, unless it appears on the face of the document that the other parties have already been served with a copy; and

  (2) Within 10 calendar days of receiving the written claim of good cause, any other party may submit a written response.

C. Intentional Program Violation Appeals. If the appellant fails to attend a hearing in an appeal concerning an intentional program violation, the administrative law judge:

  (1) Shall determine whether proper notice of the hearing was sent and whether the appellant requested a postponement;

  (2) Shall reschedule the hearing if proper notice was not sent, or the appellant made a proper request for a postponement;

  (3) Shall conduct the hearing if proper notice was sent, and the appellant did not make a proper request for a postponement;

  (4) May reopen the record and conduct another hearing if notified within 10 calendar days of the original hearing date that the appellant had good cause for not appearing and for not asking for a postponement before the hearing.

#### Regulation .12 Burdens of Going Forward and Persuasion.

*COMAR 07.01.04.12*

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 applicant who has requested a hearing pursuant to Regulation .03A of this chapter bears the burden of:

    (a) Going forward to establish a prima facie case of entitlement to the assistance, approval, license, or registration sought, and

    (b) Persuasion that the agency decision was incorrect;

  (2) When a recipient or other individual has requested a hearing or record review pursuant to Regulation .03B or C of this chapter, the agency bears the burden of:

    (a) Going forward to establish that its decision was prima facie correct, and

    (b) Persuasion that the agency decision was correct.

C. A party with the burden of persuasion shall meet the burden with:

  (1) Clear and convincing evidence on the issue of whether an intentional program violation occurred; and

  (2) A preponderance of the evidence in all other instances.

D. Except as provided by §§A—C of this regulation, the party asserting the affirmative of an issue has the burden of going forward and the burden of persuasion.

#### Regulation .13 Ex Parte Communication.

*COMAR 07.01.04.13*

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 known to be representing the Secretary.

B. Written Communication. A copy of all written communication to and between any party and OAH or the Secretary shall be sent to all parties in the case. Failure to send a copy as required may be grounds for a continuance or dismissal.

#### Regulation .14 Transcripts.

*COMAR 07.01.04.14*

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 party files exceptions, the Secretary may order that some or all of the cost be borne by other parties.

#### Regulation .15 Administrative Law Judge's Decision.

*COMAR 07.01.04.15*

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 conclusions of law;

    (b) Citation to pertinent State and federal law;

    (c) An order; and

    (d) A statement of the appellant's rights:

      (i) In the case of a final decision, to seek judicial review, and

      (ii) In the case of a proposed decision, to submit exceptions to the Secretary or seek judicial review.

#### Regulation .16 Final Decision.

*COMAR 07.01.04.16*

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 agency shall complete all administrative or corrective action necessary to implement the decision.

B. In an appeal concerning food stamps, within 60 calendar days of the filing of the appeal request:

  (1) The administrative law judge shall issue a final decision with a written statement of the right to seek judicial review; and

  (2) The agency shall complete all administrative or corrective action necessary to implement the decision.

C. If the decision is favorable to the agency, the agency may:

  (1) Take immediate steps to implement the decision; and

  (2) Reduce or terminate assistance that has been continued pending appeal effective with the next scheduled issuance after the agency's receipt of the decision or, in the case of assistance for which there is no scheduled issuance, immediately upon receipt.

D. If the decision is favorable to the appellant, the agency shall, within 10 calendar days of the date of the decision:

  (1) Comply with the decision;

  (2) Take corrective action retroactive to the date the incorrect action was taken, except that food stamp benefits may not be restored for more than 12 months before the earlier of the date the agency:

    (a) Receives the request for a restoration of benefits, or

    (b) Discovers that the loss has occurred; and

  (3) Immediately notify OAH that it has completed all required action.

E. The agency's obligation to take corrective or administrative action when a final decision is favorable to the appellant does not prevent the agency from appealing an adverse decision of an administrative law judge and seeking any remedy available to it, including but not limited to obtaining a stay of the final order.

F. The Record.

  (1) After issuing a final administrative decision, OAH shall promptly forward to the agency the complete record, including all:

    (a) Papers filed;

    (b) Evidence submitted; and

    (c) Orders and decisions issued.

  (2) This record constitutes the exclusive record and shall be made available for review by a party for 2 years or until all litigation in the matter has ended, whichever is later.

G. Consistent with confidentiality requirements, OAH shall prepare a periodic compilation of hearing decisions, which shall be accessible to the public.

#### Regulation .17 Proposed Decision.

*COMAR 07.01.04.17*

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 specifically request an opportunity to present oral argument.

B. The administrative law judge shall transmit a copy of the proposed decision or the complete administrative record, including the proposed decision, to the Secretary within 5 business days of mailing the proposed decision to the parties.

C. If no party has filed exceptions and, after reviewing the proposed decision, the Secretary is unable to approve that decision as written, the Secretary shall notify all parties and invite arguments on the issues the Secretary is reconsidering.

D. A proposed decision becomes final when the time for filing exceptions has expired unless:

  (1) The Secretary decides to review the proposed decision; or

  (2) A party files exceptions pursuant to Regulation .18 of this chapter.

#### Regulation .18 Exceptions.

*COMAR 07.01.04.18*

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;

  (2) Contain:

    (a) A concise statement as to each portion of the administrative law judge's determination to which exception is taken, and

    (b) The asserted basis for taking the exception; and

  (3) Be served on all parties to the proceedings and the Secretary.

C. All parties shall be afforded the opportunity to submit written argument to the Secretary in support of, or in response to, exceptions.

D. The Secretary may hear oral argument and may limit the time for argument.

E. Argument from the Hearing Record.

  (1) In any written or oral argument, a party shall identify specific evidence produced at the hearing before the administrative law judge supporting that party's position.

  (2) A party wanting the Secretary to review some or all of the testimony presented at the hearing shall submit, at the party's expense, a copy of the relevant portions of tape or transcript with the party's written argument, not later than 5 calendar days before any scheduled oral argument.

F. Additional and New Evidence.

  (1) Additional evidence may only be admitted into the record during the exception process with the agreement of all parties.

  (2) Absent agreement and upon a finding that the evidence is material and relevant, the Secretary may remand the case to the administrative law judge to:

    (a) Accept the new evidence; and

    (b) Prepare and submit a revised proposed decision.

#### Regulation .19 Final Decision of the Secretary.

*COMAR 07.01.04.19*

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 final decision may:

  (1) Adopt the proposed decision in whole or in part;

  (2) Modify the proposed decision;

  (3) Replace the proposed decision; or

  (4) Remand the case to the administrative law judge to take additional evidence or prepare and submit a revised proposed decision.

C. The Secretary's final decision shall:

  (1) Include written notice of the appellant's right to judicial review; and

  (2) Be binding on the agency.

D. If the decision is favorable to the agency, the agency may:

  (1) Take immediate steps to implement the decision; and

  (2) Reduce or terminate assistance that has been continued pending appeal effective with the next scheduled issuance after the agency's receipt of the decision or, in the case of assistance for which there is no scheduled issuance, immediately upon receipt.

E. If the decision is favorable to the appellant, the agency shall, within 10 calendar days of the date of the decision:

  (1) Comply with the decision;

  (2) Take corrective action retroactive to the date the incorrect action was taken, except that food stamp benefits may not be restored for more than 12 months before the earlier of the date the agency:

    (a) Receives the request for a restoration of benefits, or

    (b) Discovers that the loss has occurred; and

  (3) Immediately notify the Secretary that it has completed all required action.

#### Regulation .20 Reconsideration.

*COMAR 07.01.04.20*

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 decision may be revised if it:

  (1) Contains material errors of law or fact; or

  (2) Was based upon fraud, mistake, or irregularity.

C. If the final decision maker receives a request for reconsideration more than 30 calendar days after the date of the final decision, the decision may be revised only if it was based upon fraud, mistake, or irregularity.

#### Regulation .21 Delegation and Revocation of Hearing Authority.

*COMAR 07.01.04.21*

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 except those specified in §C of this regulation.

C. The Secretary has delegated to OAH the authority to issue a proposed decision, including proposed findings of fact and proposed conclusions of law, in decisions rendered pursuant to:

  (1) COMAR 07.02.11 Foster Care;

  (2) COMAR 07.02.12 Adoption;

  (3) COMAR 07.02.25 LDSS Foster Home Requirements; and

  (4) COMAR 14.31.05 Licensing and Monitoring of Residential Child Care Programs.

D. Consistent with the provisions of State Government Article, §10-205, Annotated Code of Maryland, the Secretary may revoke, modify, or supplement authority delegated to OAH by written notice.

E. Criteria for Revocation of Authority in a Specific Case. The Secretary may revoke or modify all or part of OAH's authority in a specific case if the case may:

  (1) Involve novel or unanticipated factual or legal issues;

  (2) Have significant social or fiscal consequences;

  (3) Involve policy issues of general applicability; or

  (4) Be likely to have precedential value.

F. Procedures for Revocation of OAH's Authority in a Specific Case.

  (1) The Secretary shall provide written notice of a revocation of OAH's authority to all parties and OAH, which shall contain a brief statement of the reason for the revocation.

  (2) The Secretary may revoke OAH's authority to decide a case at any time before the earlier of:

    (a) Issuance of a ruling by the administrative law judge on a substantive issue; or

    (b) Taking of oral testimony from the first witness.

  (3) The Secretary shall specify whether all or part of OAH's authority to decide a case has been revoked. If only part of the delegation has been revoked, the Secretary shall specify in writing in the notice of revocation the portions of the contested case for which delegation has been revoked.

  (4) A decision issued by the Secretary shall reflect that OAH's authority was revoked, and a copy of the revocation notice shall be included as part of the record.

### Chapter 05 — Fiscal

*Repealed*

**Administrative History:** Effective date:

**Administrative History:** Regulation .01 effective July 9, 1975 (2:15 Md. R. 1067)

**Administrative History:** Regulations .02—.06 effective July 1, 1973

**Administrative History:** Chapter revised effective February 16, 1977 (4:4 Md. R. 279)

**Administrative History:** Chapter recodified from COMAR 07.02.02 to COMAR 07.01.05 effective August 3, 1977 (4:16 Md. R. 1258)

**Administrative History:** Regulation .01 amended effective April 10, 1995 (22:7 Md. R. 534)

**Administrative History:** Regulation .01B, C, and H amended effective November 28, 1988 (15:24 Md. R. 2767)

**Administrative History:** Regulation .01I amended effective December 16, 1978 (4:26 Md. R. 2023); February 8, 1980 (7:3 Md. R. 262)

**Administrative History:** Regulation .01J adopted effective August 24, 1979 (6:17 Md. R. 1393)

**Administrative History:** Regulation .02 amended effective December 16, 1978 (4:26 Md. R. 2023)

**Administrative History:** Regulation .02D amended effective November 28, 1988 (15:24 Md. R. 2767)

**Administrative History:** Regulation .03 amended effective November 28, 1988 (15:24 Md. R. 2767)

**Administrative History:** Regulation .04 amended effective November 28, 1988 (15:24 Md. R. 2767)

**Administrative History:** Regulation .05 amended effective November 28, 1988 (15:24 Md. R. 2767)

**Administrative History:** Regulation .06 amended effective April 10, 1995 (22:7 Md. R. 534)

**Administrative History:** Regulation .06A, B, and C amended effective November 28, 1988 (15:24 Md. R. 2767)

**Administrative History:** Regulation .06D amended effective June 1, 1979 (6:11 Md. R. 977)

**Administrative History:** Regulation .07 adopted effective August 24, 1979 (6:17 Md. R. 1393)

**Administrative History:** Annotation: COMAR 07.01.05.06C cited in Attorney General Opinion No. 82-025 (August 10, 1982) which determined that the Baltimore City Department of Social Services must comply with the administrative and fiscal procedures that the Department of Human Services provides for the proper administration of State and federal funds.

**Administrative History:** Chapter repealed effective July 24, 2000 (27:13 Md. R. 1340)

### Chapter 06 — Citizen's Review Board for Children

**Authority:** Family Law Article, §§5-535—5-547, Annotated Code of Maryland; Social Security Act, Title IV B and E; 42 U.S.C. §§422 and 675

**Administrative History:** Effective date: November 5, 1984 (11:22 Md. R. 1897)

**Administrative History:** Regulations .01—07, Foster Care review Board Program, repealed and new Regulations .01—.08, Citizens' Review Board for Children, adopted effective August 7, 2000 (27:15 Md. R. 1399)

#### Regulation .01 Purpose.

*COMAR 07.01.06.01*

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 development;

B. Monitors child welfare programs under the Department; and

C. Makes recommendations for system improvement to enhance the management of individual children's cases.

#### Regulation .02 Definitions.

*COMAR 07.01.06.02*

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 the child of an adoptive family; and

    (b) Which confers on the adopted child all the legal rights and privileges to which a child born to that family would be entitled.

  (3) “Adoption and Safe Families Act (ASFA)” means the 1997 federal law which strengthens the child welfare system's responsibilities in ensuring safety, permanency, and well-being for children.

  (4) “Child” means an individual younger than 18 years old, or between 18 and 21 years old if the court retains jurisdiction over the child and the individual meets the eligibility of COMAR 07.02.11.04B.

  (5) “Client Information System/Foster Care and Adoption Child Tracking System (CIS/FACTS)” means a component of the Department's Client Information System.

  (6) “Concurrent permanency planning” means the process of simultaneously taking concrete steps to implement both primary and secondary permanency plans, for example, by providing time-limited family reunification services while also exploring relatives as resources.

  (7) “Court” means:

    (a) The circuit court for a county sitting as a juvenile court; or

    (b) In Montgomery County, the District Court sitting as a juvenile court.

  (8) “Current living arrangement” means where the child lives on the day the case review is conducted by the local board.

  (9) “Department” means the Department of Human Services.

  (10) “Foster care” has the meaning stated in COMAR 07.02.11.03B.

  (11) “Group care” has the meaning stated in COMAR 07.02.11.03B.

  (12) “Guardianship” means an award to an individual by the court, including a court other than a juvenile court, of the:

    (a) Custody of a child; and

    (b) Authority to decide on the child's care, welfare, education, physical and mental health, and support.

  (13) “Internal review” means an administrative case review conducted by the local department.

  (14) Kinship Care.

    (a) “Kinship care” means continuous 24-hour care and supportive services provided for a minor child placed by a child placement agency in the home of a relative related by blood or marriage within the 5th degree of consanguinity or affinity as defined in Estates and Trusts Article, §1-203, Annotated Code of Maryland.

    (b) “Kinship care” does not involve foster care payments to caregivers.

  (15) “Least restrictive setting” means the most family-like setting consistent with the child's best interests and special needs.

  (16) “Local board” means CRBC's local citizen board for review of cases of children who are in out-of-home placement in a specific jurisdiction of the State. A jurisdiction may have multiple boards, and small counties may share one board.

  (17) “Local department” means the:

    (a) Department of social services in a county or Baltimore City; and

    (b) Montgomery County Department of Health and Human Services.

  (18) “Local plan” means the policy within each jurisdiction between the local board and the local department, and approved by the State Board and the Secretary for:

    (a) Scheduling citizen reviews for children in out-of-home placements; and

    (b) Providing information to the local boards.

  (19) “Out-of-home placement” means placement of a child into foster care, kinship care, group care, or residential treatment care.

  (20) Parent or Parents.

    (a) “Parent” means the birth or adoptive mother or father of the child.

    (b) “Parents” means both the birth or adoptive mother and father of the child.

  (21) “Permanency plan” means a plan specifying:

    (a) Where and with whom the child will live; and

    (b) The proposed legal relationship between the child and the permanent caregiver or caregivers.

  (22) “Permanent care” means a permanency plan designated by the court in which the court names the foster or kinship care parents who will provide the permanent home for the child.

  (23) “Residential treatment” means continuous 24-hour care and supportive services for a minor child placed in a facility that provides formal programs of basic care, social work, and health care services as defined in COMAR 01.04.04.

  (24) “Review population” means the children who at any given time are eligible for review by the board.

  (25) “Secretary” means the Secretary of Human Services.

  (26) “Staff assistant” means an employee of the CRBC responsible for assisting the local boards in the review process.

  (27) “State Board” means the governing body of CRBC.

  (28) “Termination of parental rights (TPR)” means the court has:

    (a) Legally terminated the parent's rights and responsibilities for the child; and

    (b) Awarded guardianship to:

      (i) The local department of social services, or

      (ii) A child placement agency.

  (29) Time-Limited Family Reunification Services.

    (a) “Time-limited family reunification services” means the services and activities that shall be made available to the parents or legal guardian to facilitate the reunification of the child during the first 15 months of out-of-home placement.

    (b) “Time-limited family reunification services” include the following services mandated by 42 U.S.C. §629a:

      (i) Individual, group, and family counseling;

      (ii) Inpatient, residential, or outpatient substance abuse treatment services;

      (iii) Mental health services;

      (iv) Assistance to address domestic violence;

      (v) Services designed to provide temporary child care including respite care to families in crises; and

      (vi) Transportation to and from any of the services.

  (30) “Waiver of reunification services” means an order by the court waiving the requirements that reasonable efforts be made to reunite the child with the child's parent or guardian as specified in Court and Judicial Proceedings Article, §3-812.1, Annotated Code of Maryland.

#### Regulation .03 State Board Responsibilities.

*COMAR 07.01.06.03*

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 to State and local boards;

  (3) Consult with the Administration before asking local departments for new types of information;

  (4) Provide training to local boards;

  (5) Review and coordinate the activities of the local boards;

  (6) Write and distribute the annual report;

  (7) Make recommendations to the General Assembly, the Department, the Administration, and other relevant body concerning:

    (a) Out-of-home placement policies and procedures; and

    (b) The removal of barriers to permanent placement for children in out-of-home placements; and

  (8) Hire and evaluate the Administrator of CRBC.

B. The State Board shall meet at least four times each year.

#### Regulation .04 Local Board Responsibilities.

*COMAR 07.01.06.04*

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) Be effective when approved by the:

    (a) State Board, and

    (b) Secretary; and

  (3) Remain effective until renegotiated and approved by the Secretary and State Board.

B. Schedule of Citizen Reviews.

  (1) The local board shall schedule and conduct timely citizen reviews for children in out-of-home placements:

    (a) At least once:

      (i) During the first 12 months after a child enters out-of-home placement;

      (ii) Between the 15th and 24th month in out-of-home placement; and

      (iii) Within the 25th to 30th months in out-of-home placement; and

    (b) Every 6 months after the 30th month, when:

      (i) A child is in permanent care;

      (ii) The court has ceased the review; and

      (iii) The local plan specifies that the review occurs.

  (2) After the 30th month, when a child is not in permanent care, the local board shall have discretion to review the child's case at least every 6 months.

  (3) If internal, citizen, or court reviews do not fulfill federal and State mandates, the local board shall schedule additional citizen reviews.

C. The local board shall review cases from the entire out-of-home population according to the local plan which:

  (1) Shall include a mechanism for making data available for all children from the entire out-of-home population;

  (2) Shall provide citizen reviews for 100 percent of the children in foster care, group care, and residential treatment centers;

  (3) May provide for a citizen review of a sample of at least 10 percent of the unpaid kinship care population; and

  (4) Shall review siblings together, notwithstanding the:

    (a) Time frames of §B of this regulation; and

    (b) Provisions on reviews of kinship care in §C(3) of this regulation.

D. The local board shall summarize the findings and recommendations as described in Regulation .05B of this chapter.

E. The local board shall submit a written report of the board's findings and recommendations within 15 days of the review to the:

  (1) Local department;

  (2) Court;

  (3) Parents and caregivers; and

  (4) Other interested individuals.

F. The local board shall report to the appropriate juvenile court and local department the status of efforts to:

  (1) Secure a permanent home for children in out-of-home placement; and

  (2) Provide for the safety and well-being of children under the court's jurisdiction.

G. The local board shall identify the conditions and practices that are barriers to permanent placements, safety, and well-being of children in out-of-home care.

H. The local board shall advocate for removal of conditions or practices that are barriers to permanent placements, safety, and well-being of children in out-of-home care.

#### Regulation .05 Procedures for Conducting the Citizen Review of Out-of-Home Placement.

*COMAR 07.01.06.05*

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 department caseworker who is directly responsible for planning for the child's care; and

    (b) The caseworker responsible for each child when sibling groups are reviewed;

  (2) At least 10 days before the review, invite:

    (a) The child's parents, guardians, and custodians;

    (b) A representative of any agency or institution charged with the care of the child;

    (c) The child being reviewed, if the child is 18 years old or older; and

    (d) The caregiver; and

  (3) Have discretion to invite to the review:

    (a) The child being reviewed, if the child is 10 years old or older;

    (b) The child being reviewed, if the child is younger than 10 years old and requests participation; and

    (c) Any other individual whom the local board or local department believes may provide information about the child.

B. The local board shall make findings and recommendations, based on:

  (1) The child's safety and best interests as paramount factors;

  (2) Information received from:

    (a) The case plan;

    (b) The caseworker's presentation; and

    (c) Interested individuals attending the review; and

  (3) All applicable State and federal laws and regulations.

C. Regarding a waiver of reunification services, the local board shall:

  (1) Find whether a waiver has been granted or is pending decision of the court;

  (2) Find whether the requirements of Courts and Judicial Proceedings Article, §3-812.1, Annotated Code of Maryland, and exceptions, apply; and

  (3) Recommend whether a waiver should be granted or filed.

D. Regarding termination of parental rights for a child younger than 18 years old, the local board shall:

  (1) Find whether a petition for termination has been granted or is pending determination by the court;

  (2) Find whether requirements of Family Law Article, §5-525.1, Annotated Code of Maryland, and exceptions apply; and

  (3) Recommend whether a petition for termination should be filed or granted.

E. Regarding the permanency plan, the local board shall:

  (1) Agree with the plan presented by the local department; or

  (2) Recommend an alternate permanency plan and explain why the alternate plan is more appropriate.

F. Regarding progress towards making a permanent placement, the local board shall:

  (1) Find whether progress is adequate; and

  (2) If progress is not adequate:

    (a) Cite the agency or agencies responsible, and

    (b) Explain why progress is not adequate.

G. Regarding the safety of current and future living arrangements, the local board shall find whether:

  (1) The local department has utilized all applicable safety assessment and child protection protocols;

  (2) There are indicators of risk; and

  (3) The local department has taken appropriate steps to protect the child.

H. Regarding the current living arrangement, the local board shall:

  (1) Find whether the arrangement is appropriate; and

  (2) If not appropriate:

    (a) Explain why the arrangement is not appropriate; and

    (b) Recommend steps to achieve an appropriate living arrangement.

I. Regarding the local department's placement plan, the local board shall:

  (1) Agree with the plan; or

  (2) Recommend an alternate placement plan and explain why the alternate plan is more appropriate.

#### Regulation .06 Responsibilities of the Local Department.

*COMAR 07.01.06.06*

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 assistant, at least 20 working days before the scheduled review, of any interagency or intercounty involvement;

D. Submit the child's case plan at least 1 week before the local review board meeting;

E. Arrange for required local department staff to:

  (1) Attend local review board meetings when requested,

  (2) Present the case verbally at the review meeting,

  (3) Answer all pertinent questions from the local board, and

  (4) Provide all documents as requested;

F. Secure the information and progress report from the appropriate private agency, therapeutic agency, or institution in regard to the child and family;

G. Place in the case record:

  (1) Documentation that the parents and caregivers were invited to attend the review, and

  (2) Written recommendation reports from the local board;

H. Notify the local board of the local department's intended action on the local board's recommendations within 10 working days of receiving the recommendation;

I. Notify the local board's staff assistant if any changes in the child's plan have occurred since the board received the plan;

J. Provide space for the review meeting; and

K. Provide requested information for the local annual report if feasible.

#### Regulation .07 Responsibilities of the Department.

*COMAR 07.01.06.07*

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 immediate action to enforce compliance when the local department fails to comply with:

  (1) This chapter; or

  (2) The local plan.

#### Regulation .08 Confidentiality.

*COMAR 07.01.06.08*

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

### Chapter 07 — Confidentiality of Records

**Authority:** Article 88A, §§5 and 6; State Government Article, §10-611 et seq.; Article 41, Title 6; Annotated Code of Maryland

**Administrative History:** Effective date: March 11, 1985 (12:5 Md. R. 481)

**Administrative History:** Regulations .01—.12, Access to Public Records, repealed effective October 28, 1991 (18:21 Md. R. 2306)

**Administrative History:** Regulations .01—.12, Confidentiality of Records, adopted effective October 28, 1991 (18:21 Md. R. 2306)

**Administrative History:** Regulation .04C, F amended effective May 24, 1993 (20:10 Md. R. 849)

**Administrative History:** Regulation .05B amended effective May 24, 1993 (20:10 Md. R. 849)

**Administrative History:** Chapter revised effective June 28, 1999 (26:13 Md. R. 1018)

**Administrative History:** Regulation .02B amended effective October 8, 2007 (34:20 Md. R. 1735)

#### Regulation .01 Scope.

*COMAR 07.01.07.01*

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 this chapter conflicts with any other applicable State or federal regulation or law, the provision which more strictly protects confidentiality of records applies.

#### Regulation .02 Definitions.

*COMAR 07.01.07.02*

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 administrations within the Department of Human Services:

    (a) Social Services Administration;

    (b) Family Investment Administration;

    (c) Child Support Administration.

  (3) “Custodian” means an authorized employee of the Department, an administration, or a local department having actual control and custody of a record.

  (4) “Department” means the Department of Human Services, its administrations, and the local departments.

  (5) “Fugitive felon” means an individual who:

    (a) Is fleeing to avoid prosecution, or custody or confinement after conviction, for a crime or an attempt to commit a crime that, under the law of the place the individual is fleeing, is a felony; or

    (b) Is in violation of a condition of probation or parole.

  (6) “Information” means any part of a record, in any form.

  (7) License.

    (a) “License” means formal written permission required by law to:

      (i) Perform an act or provide a service; and

      (ii) Be obtained from the Department.

    (b) “License” includes terms used for similar forms including “registration”.

  (8) “Local department” means the local department of social services in a county or Baltimore City, and the Montgomery County Department of Health and Human Services.

  (9) “Official custodian” means the executive head of the Department, administration, or local department in which a record is located.

  (10) “Record” means the original or any copy of documentary material, in any form that, in the transaction of public business, is made by, received by, or received from:

    (a) The State;

    (b) Any county or city of the State; or

    (c) Any subdivision or agency of the State, or a county or city.

  (11) “Requestor” means a person requesting disclosure of or access to a record.

  (12) “State” means the State of Maryland.

#### Regulation .03 General Right to Information.

*COMAR 07.01.07.03*

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 of child abuse or neglect, or of abuse, neglect, self-neglect, or exploitation of a vulnerable adult; or

B. Any other individual whose life or safety may be endangered by disclosing the information.

#### Regulation .04 Program Records.

*COMAR 07.01.07.04*

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) Purchase of Child Care;

  (4) Community Services;

  (5) Child Support Enforcement; and

  (6) Medical Assistance.

B. Disclosure of Information.

  (1) Information described in §A of this regulation may be disclosed as follows:

    (a) Under a court order;

    (b) To a State, local government, or federal official or employee, for a purpose directly connected with the administration of the programs specified in §A of this regulation including, but not limited to:

      (i) Verification of eligibility, and

      (ii) Audits or criminal investigation of these programs;

    (c) To a volunteer or contractor of a State or federal agency for a purpose directly connected with the administration of a program listed in §A of this regulation if the volunteer or contractor has been informed of, and has executed a written agreement to abide by, State and federal confidentiality laws and regulations.

  (2) Medical Assistance records and information may be disclosed only for a purpose directly connected with the administration of the program including assisting the Child Support Administration in locating absent parents.

  (3) The custodian shall disclose the current address of a customer to a federal, State, or local law enforcement officer who:

    (a) Can be properly identified as a law enforcement officer;

    (b) Shows the custodian a signed warrant for the arrest of the customer which establishes that the customer is a fugitive felon; and

    (c) Provides the name and Social Security number of the customer.

  (4) With regard to a fugitive felon in a food stamp case, the custodian shall disclose the current address, the Social Security number, and, if available, a photograph of a food stamp household member to a federal, State, or local law enforcement officer who:

    (a) Can be properly identified as a law enforcement officer engaged in official duties which include locating or arresting the food stamp household member;

    (b) Demonstrates that the food stamp household member either:

      (i) Is a fugitive felon, or

      (ii) Has information concerning a fugitive felon; and

    (c) Provides the name of the food stamp household member.

C. Notice of Record Disclosure.

  (1) When §B of this regulation does not apply, and disclosure is permitted under State law or regulation, the Department shall:

    (a) Notify an applicant or customer described in §A of this regulation, when possible, of the request for a record concerning the applicant or customer; and

    (b) Obtain the applicant's or customer's consent to disclose the record.

  (2) The Department:

    (a) May require the requestor to obtain the applicant or customer's consent pursuant to Regulation .05 of this chapter;

    (b) May not provide a requestor with any information regarding whether:

      (i) Records exist for an individual, or

      (ii) An individual is an applicant or customer; and

    (c) In an emergency, may disclose information without prior consent if the Department notifies the applicant or customer of the disclosure:

      (i) Orally or in writing, and

      (ii) Within 2 working days of the disclosure.

D. Food Stamps.

  (1) Upon receipt of a written request from a responsible member of a household receiving food stamp assistance, the Department shall allow the individual to review the food stamp records for the household.

  (2) Before review by the household member, the Department shall remove from the record:

    (a) Names and identifying information of individuals who have disclosed information to the Department without the household's knowledge; and

    (b) Information about any criminal prosecutions.

E. Research. The Department may disclose:

  (1) Identifying information to an individual engaged in a research project only if:

    (a) An applicant or a customer who is the subject of a record to be disclosed has signed a written consent form for the disclosure, in accordance with Regulation .05 of this chapter, and

    (b) The official custodian has given prior written permission for the research project; and

  (2) Nonidentifying information for research purposes without the consent of the applicant or customer.

#### Regulation .05 Disclosure by Consent.

*COMAR 07.01.07.05*

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:

  (1) Specific information to be disclosed;

  (2) Person or agency requesting the information;

  (3) Person or agency to receive the information;

  (4) Purpose for the disclosure;

  (5) Date of the request;

  (6) Signature of the applicant or customer; and

  (7) Date signed.

C. The applicant or customer shall verify the applicant's or customer's identity to the custodian, either in person or by affidavit or notarized consent form.

D. An applicant or customer who is 16 years old or older may sign the applicant's or customer's own consent form.

E. If an applicant or customer is a child younger than 16 years old, the child's parent, guardian, or attorney may consent under this regulation to release of information from the child's records, if:

  (1) The consenting individual is not alleged to have abused or neglected the child or any of the child's siblings; and

  (2) Disclosure is in the child's best interest.

#### Regulation .06 Mandatory Denial of a Request for Disclosure of Other Records—General.

*COMAR 07.01.07.06*

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 order;

  (2) Of a personnel record including, but not limited to an employee's:

    (a) Letters of reference, and

    (b) Home address or telephone number;

  (3) Of information concerning the security of an information system;

  (4) Of a trade secret or confidential commercial information; and

  (5) Subject to §B of this regulation, of information about the licensing of an individual.

B. Licensing Records. Only the following information may be disclosed from a licensing record:

  (1) A licensee's:

    (a) Name,

    (b) Business address, or, if the business address is not available, the home address,

    (c) Business telephone number,

    (d) Educational and occupational background,

    (e) Professional qualifications;

  (2) Findings and orders that result from formal disciplinary actions;

  (3) Evidence that has been provided to the custodian to meet the requirements of a statute regarding financial responsibility;

  (4) Other licensing information which the official custodian determines should be disclosed to fulfill a compelling public purpose; and

  (5) Except for the identity of a reporter of any allegation of child abuse or neglect, or of abuse, neglect, self-neglect, exploitation of a vulnerable adult, information requested by a licensee who is the subject of the requested record.

#### Regulation .07 Discretionary Denial of Request for Disclosure of Records.

*COMAR 07.01.07.07*

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 child abuse or neglect case, the best interest of a child who was allegedly subject to abuse or neglect, of the child's siblings, or of other children in the household, family, or care of the alleged abuser or neglector; or

  (3) In an adult protective service case, the best interest of a vulnerable adult who was allegedly subject to abuse, neglect, self-neglect, or exploitation; and

B. One of the following circumstances exists:

  (1) A State or federal statute or regulation, a Maryland Rule of Procedure, or a court order gives the custodian discretion to deny disclosure,

  (2) The official custodian determines, after consulting with counsel, that the record is subject to an attorney-client, attorney work-product, executive, or other privilege,

  (3) The information requested consists of specific details of a research project conducted by a State agency, except that the name, title, expenditures, and availability date of the final project summary shall be disclosed upon request, or

  (4) The record concerns a law enforcement investigation, or is an investigatory file compiled for a law enforcement, judicial, or prosecution purpose, to the extent permitted by State Government Article, §10-618, Annotated Code of Maryland.

#### Regulation .08 Reporting Crimes, Child Abuse, and Neglect.

*COMAR 07.01.07.08*

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 provisions of Family Law Article, Annotated Code of Maryland;

B. Suspected fraud in the administration of a Department program shall be reported as required by the regulations for that program;

C. Any ongoing or imminent criminal conduct of an applicant or customer may be reported to appropriate law enforcement personnel.

#### Regulation .09 Continuing Requirements of Confidentiality.

*COMAR 07.01.07.09*

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 the individual to whom the disclosure is made of the obligation to keep the information confidential, in accordance with Article 88A, §6, Annotated Code of Maryland.

#### Regulation .10 Criminal Penalty.

*COMAR 07.01.07.10*

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.

#### Regulation .11 Limitations on Information Sent to Customers.

*COMAR 07.01.07.11*

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 program and have no political implications; and

  (2) Contain the names only of individuals directly connected with the administration of the program, identified only in their official capacity with the Department.

B. This regulation does not prohibit:

  (1) The distribution of information as part of the administration of a program, including, but not limited to:

    (a) Notice of the availability of free medical examinations,

    (b) Notice of the availability of surplus food, or

    (c) Consumer protection information; or

  (2) Having on display, or otherwise making available in agency offices, materials containing public interest information, including voting materials.

#### Regulation .12 Protection of Customer Case Files and Other Public Records.

*COMAR 07.01.07.12*

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 safeguard information obtained from any State agency, or other state or federal agencies in accordance with the procedures, if any, established by that state or agency.

### Chapter 08 — Correction or Amendment of Personal Records

**Authority:** State Government Article, §10-625, Annotated Code of Maryland.

**Administrative History:** Effective date: January 9, 1989 (15:27 Md. R. 3127)

**Administrative History:** Chapter revised effective June 28, 1999 (26:13 Md. R. 1018)

**Administrative History:** Regulation .02B amended effective October 8, 2007 (34:20 Md. R. 1735)

#### Regulation .01 Purpose.

*COMAR 07.01.08.01*

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.

#### Regulation .02 Definitions.

*COMAR 07.01.08.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means any of the following administrations within the Department of Human Services:

    (a) Social Services Administration;

    (b) Family Investment Administration; or

    (c) Child Support Administration.

  (2) “Custodian” means an authorized employee of the Department, an administration, or a local department having actual control and custody of a record.

  (3) “Department” means the Department of Human Services, its administrations, and the local departments.

  (4) “Local department” means the local department of social services in a county or Baltimore City, and the Montgomery County Department of Health and Human Services.

  (5) “Official custodian” means the executive head of the Department, administration, or local department in which a record is located.

  (6) “Person in interest” means:

    (a) The person, governmental unit, or entity that is the subject of a public record; or

    (b) The legal guardian of the person who is the subject of a public record.

  (7) “Personal record” means a public record that identifies an individual by name, address, description, finger or voice print, picture, or other identifying factors.

  (8) “Secretary” means the Secretary of Human Services.

#### Regulation .03 Who May Request.

*COMAR 07.01.08.03*

A person in interest may request the Department or a local department to correct or amend a personal record pursuant to State Government Article, §10-625, Annotated Code of Maryland.

#### Regulation .04 Procedures for Requesting Correction or Amendment of Personal Records.

*COMAR 07.01.08.04*

The request shall be in writing and state the:

A. Name, address, and telephone number of the requestor;

B. Identity of the record the requestor is seeking to correct or amend;

C. Precise correction or amendment requested; and

D. Justification for the correction or amendment.

#### Regulation .05 Filing the Request.

*COMAR 07.01.08.05*

A request to correct or amend a personal record of the Department or a local department shall be addressed to the custodian of the record.

#### Regulation .06 Procedures for Responding to a Request for Correction or Amendment of Personal Records.

*COMAR 07.01.08.06*

Within 30 days after receipt of a request for correction or amendment of personal records that:

A. Complies with Regulations .04 and .05 of this chapter, the custodian shall:

  (1) Make the requested correction or amendment and notify the requestor in writing; or

  (2) Inform the requestor in writing that the record may not be amended or corrected as requested because:

    (a) The requestor is not a person in interest,

    (b) The record to be corrected or amended is not a personal record,

    (c) The requestor is not entitled to inspect the records under State Government Article, §10-611 et seq., Annotated Code of Maryland, or

    (d) Other reasons mandated by law; or

B. Does not comply with Regulation .04 of this chapter, the custodian shall return the request to the requestor:

  (1) With an explanation for the return; and

  (2) Procedures for resubmitting the request.

#### Regulation .07 Notification to Third Party.

*COMAR 07.01.08.07*

If the custodian previously disclosed information from a personal record to a third party and receives a request for correction or amendment to the personal record, the custodian:

A. Shall inform the third party in writing within 30 days of the correction or amendment to the personal record; or

B. Does not need to notify the third party, if the custodian denies the request.

#### Regulation .08 Statement of Disagreement.

*COMAR 07.01.08.08*

A. If the Department or local department finally refuses a request to make a correction or amendment pursuant to Regulation .06, the person in interest may submit to the Department or local department a concise statement, not to exceed five 8-1/2 x 11 inch pages, of the reasons for:

  (1) The requested correction or amendment; and

  (2) Disagreement with the Department or local department's refusal to make the requested correction or amendment.

B. The Department or local department which discloses to a third party information from a personal record about which a statement of disagreement has been filed, shall furnish a copy of the statement to the third party.

#### Regulation .09 Administrative Review.

*COMAR 07.01.08.09*

A. A requestor may seek an administrative review in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, if the requestor has been denied:

  (1) A request to change a personal record;

  (2) The right to file a statement of disagreement; or

  (3) The right to have a statement of disagreement forwarded to a third party.

B. An individual shall file a request for administrative review within 30 days of the date of the custodian's decision to deny a request to change a personal record.

C. The administrative hearing shall be:

  (1) Conducted by the Office of Administrative Hearings; and

  (2) Governed by the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

### Chapter 09 — Evaluation of the Local Directors of Social Services

**Authority:** Article 88A, §13(b)(5) and (6)(ii), Annotated Code of Maryland

**Administrative History:** Effective date: July 4, 1994 (21:13 Md. R. 1154)

#### Regulation .01 Purpose.

*COMAR 07.01.09.01*

These regulations establish the procedures for evaluating the local directors of social services, Department of Human Services.

#### Regulation .02 Definitions.

*COMAR 07.01.09.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Department” means the Department of Human Services.

  (2) “Governing body” means the county executive, county commissioners, Mayor of Baltimore City, or the county council of Talbot County or Wicomico County.

  (3) “Local board” means the local advisory board of the local departments of social services.

  (4) “Local department” means the local department of social services in each political subdivision of the State.

  (5) “Local director” means the director of the local department of social services.

  (6) “Secretary” means the Secretary of Human Services.

#### Regulation .03 Process for Evaluation.

*COMAR 07.01.09.03*

A. The Secretary, the governing body of the jurisdiction, and the local board of social services shall annually evaluate, in writing, the local director.

B. The Secretary shall incorporate the evaluation of the governing body and the local board in the Secretary's evaluation of the local director.

C. The Secretary or the Secretary's designee, subject to the Secretary's approval, shall decide the applicable criteria to be used in the Secretary's evaluation of the local directors, and apprise the local directors in writing of the criteria.

D. The Secretary shall request input from the Department to be used in evaluating a local director.

E. The Secretary, the governing body, and the local board or their designees shall jointly review their respective evaluations annually with the local director.

### Chapter 10 — Office of the Inspector General

**Authority:** Human Services Article, §§2-203, 2-205, 2-209, and 3-602, Annotated Code of Maryland; Federal Regulatory Reference: 45 CFR 74; Executive Order 01.01.1994.06

**Administrative History:** Effective date: February 27, 1995 (22:4 Md. R. 235)

**Administrative History:** Regulation .02A amended effective March 10, 1997 (24:5 Md. R. 407)

**Administrative History:** Regulations .01—06 repealed and new Regulations .01—.05 adopted effective November 27, 2000 (27:23 Md. R. 2146)

**Administrative History:** Regulation .03C amended effective November 1, 2010 (37:22 Md. R. 1553)

**Administrative History:** Regulation .03D adopted effective November 19, 2007 (34:23 Md. R. 2025)

**Administrative History:** Regulation .05C adopted effective November 19, 2007 (34:23 Md. R. 2025)

#### Regulation .01 Purpose.

*COMAR 07.01.10.01*

A. The Department shall establish an Office of the Inspector General (OIG).

B. Mission of the OIG. The OIG:

  (1) Protects the integrity of the Department and local departments;

  (2) Ensures the achievement of program goals and compliance with State statutes and regulations by providing the following independent preventive and enforcement services:

    (a) Investigations,

    (b) Reviews, and

    (c) Internal audits; and

  (3) Identifies, investigates, and resolves suspicions of fraud, waste, and abuse.

C. The OIG shall consist of, but not be limited to, units that perform the following functions:

  (1) Deter and investigate suspected program fraud;

  (2) Deter and investigate suspected employee and contractor misconduct; and

  (3) Conduct internal audits.

#### Regulation .02 Definitions.

*COMAR 07.01.10.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administration” means any of the following administrations within the Department:

    (a) Social Services Administration;

    (b) Family Investment Administration;

    (c) Child Care Administration; and

    (d) Child Support Administration.

  (2) Department.

    (a) “Department” means the Department of Human Services.

    (b) “Department” includes all of the Department's administrations, divisions, boards, commissions, offices, and other agencies.

  (3) “Fraud” means obtaining, attempting to obtain, or aiding an individual in obtaining or attempting to obtain, through willful misrepresentation, assets or benefits to which the individual is not entitled.

  (4) “Independent” means free from influence, persuasion, bias, control, or determination of another or others.

  (5) “Internal audits” means conducting examinations of Department and local department records and activities in compliance with the Auditing Standards of the Institute of Internal Auditors.

  (6) “Local department” means the local department of social services in a county or Baltimore City and the Montgomery County Department of Health and Human Services.

  (7) “Misconduct” means unlawful, unethical, or dishonest behavior.

  (8) “Program” means the activities of the Department's administrations.

  (9) “Secretary” means the Secretary of Human Services.

#### Regulation .03 Responsibilities of the Inspector General.

*COMAR 07.01.10.03*

A. Program Fraud. The OIG shall provide a uniform level of prevention and investigation services relating to program fraud, including suspected fraudulent activities by customers, throughout the Department and local departments.

B. Employee and Contractor Investigations. The OIG shall provide a uniform level of investigative services involving allegations of misconduct by Department and local department staff, contractors, and contractors' employees.

C. Internal Audit. The OIG shall provide the following internal audit functions:

  (1) Conduct internal audits throughout the Department and local departments which include:

    (a) Financial,

    (b) Compliance, and

    (c) Performance;

  (2) Conduct financial and compliance audits of the 24 local departments every 3 years;

  (3) Provide independent and objective assessments regarding the Department's and local departments' operations to the Secretary;

  (4) Assist the Department and local departments in evaluating and improving risk management, controls, and process management; and

  (5) Monitor and, when applicable, review the implementation of the Department's and local departments' corrective action plans in response to State and federal audits.

D. Overpayment. The OIG shall provide overpayment functions by calculating and establishing overpayments as a result of an OIG investigation in accordance with overpayment procedures as described in COMAR 07.03.14.03A and D(2)(a) and (b).

#### Regulation .04 Responsibilities of the Department and the Local Departments.

*COMAR 07.01.10.04*

A. Employees and Contractors.

  (1) Employees, contractors, and contractors' employees shall cooperate fully with OIG staff conducting official investigations, reviews, and internal audits.

  (2) The OIG shall have access to Department, local department, and contractor records relevant to the activities of the OIG.

B. Program Fraud. Following an OIG's program fraud investigation, the local department staff shall determine, based on information from the investigation, the program eligibility of the customer in accordance with an administration's eligibility requirements.

C. Employee or Contractor Misconduct. Following an OIG's employee or contractor misconduct investigation, the appropriate manager shall determine, based on information from the investigation, any administrative or disciplinary action required in accordance with Department and State requirements and policies.

D. Internal Audit. Following an OIG internal audit, the appropriate manager of the Department or local department shall develop and implement a corrective action plan responsive to the conditions an recommendations specified in the final audit report.

#### Regulation .05 Cooperation with Other Agencies.

*COMAR 07.01.10.05*

A. The OIG may participate in investigations and audits, and monitor implementation of corrective actions described in Regulation .03 of this chapter, in conjunction with applicable activities of any federal, State, or local agency.

B. The OIG shall maintain liaison with the Office of the Attorney General and State's attorney's offices by:

  (1) Referring cases to prosecutors which show evidence of fraud or other criminal misconduct; and

  (2) Assisting the prosecutor in further investigation, if needed, and in the prosecution of cases, when requested.

C. The OIG shall maintain liaison with the Maryland Department of Health, the Department of Juvenile Services, and the Maryland State Department of Education offices by:

  (1) Referring to prosecutors cases that show evidence of fraud or other criminal misconduct; and

  (2) Assisting the prosecutor in further investigation, if needed, and in the prosecution of cases, when requested.

### Chapter 11 — Buildings and Grounds of Local Departments of Social Services

**Authority:** Criminal Law Article, §4-208;Article 27, §578; Article 88A, §§2(b)(2) and 5(a); Annotated Code of Maryland

**Administrative History:** Effective date: July 31, 1995 (22:15 Md. R. 1118)

**Administrative History:** Chapter revised effective January 25, 1999 (26:2 Md. R. 105)

#### Regulation .01 Scope.

*COMAR 07.01.11.01*

The local departments of social services are agencies of the Department of Human Services and guided by COMAR 07.01.03.

#### Regulation .02 Definitions.

*COMAR 07.01.11.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Department” means the Department of Human Services.

  (2) “Local department” means the department of social services in a county or Baltimore City.

  (3) “Property” means buildings, improvements, or grounds owned or leased by the local department of social services.

  (4) “Secretary” means the Secretary of Human Services.

#### Regulation .03 Local Departments of Social Services.

*COMAR 07.01.11.03*

A. Local departments located in multiservice centers or in other settings under the jurisdiction of the Department of General Services shall comply with COMAR 04.05.01.02—.08 regarding the following:

  (1) Property access;

  (2) Prohibited conduct;

  (3) Distribution of handbills;

  (4) Vehicular traffic;

  (5) Controlled dangerous substances and alcoholic beverages;

  (6) Solicitation and debt collection; and

  (7) Demonstrations and rallies.

B. The local department director in a building not under the jurisdiction of the Department of General Services may declare an emergency situation after consulting with the Secretary, or, in the Secretary's absence, a deputy secretary or the Secretary's authorized designee.

C. Property or portions of it may be closed to the public during regular business hours in emergency situations:

  (1) Necessary for the orderly conduct of State business;

  (2) For safety; or

  (3) For security.

D. After regular business hours or during declared emergency situations:

  (1) Only authorized individuals who display identification documents upon request shall be admitted to the property; and

  (2) An individual on the property with no apparent business who refuses to leave may be arrested.

#### Regulation .04 Penalties.

*COMAR 07.01.11.04*

A. An individual who violates the regulations in this chapter and applicable laws may be prosecuted for trespassing or another applicable violation.

B. The regulations in this chapter may not be construed to abrogate any other federal, State, or local laws applicable to any area within the local department.

### Chapter 12 — Temporary Census Employment Income

**Authority:** Article 88A, §§1A, 3, 5, 44A—53, 63—87, 124—129, and 131—137; Article 41, §§6-202 and 6-406—6-407; Family Law Article, §§4-501, 4-513—4-516, 4-601—4-613, and 5-524; Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.03 adopted as an emergency provision effective January 1, 2000 (27:2 Md. R. 139); emergency action superseded and new Regulations .01—.03 adopted as an emergency provision effective May 1, 2000 (27:10 Md. R. 961); emergency status expired December 31, 2000

### Chapter 13 — Legal Services

**Authority:** Courts and Judicial Proceedings Article, §3-813; Family Law Article, §5-323(a)(2); Annotated Code of Maryland

**Administrative History:** Effective date: November 24, 1976 (3:24 Md. R. 1392)

**Administrative History:** Regulations .04B, .08D, and .09C amended effective July 1, 1980 (7:13 Md. R. 1275)

**Administrative History:** Chapter revised effective March 1, 1983 (10:3 Md. R. 209)

**Administrative History:** Regulation .09A amended effective October 6, 1986 (13:20 Md. R. 2208)

**Administrative History:** Regulation .09-1 adopted effective July 16, 1984 (11:14 Md. R. 1248)

**Administrative History:** Regulation .10 amended effective January 30, 1984 (11:2 Md. R. 111); January 14, 1985 (12:1 Md. R. 15); October 20, 1985 (12:21 Md. R. 2029); September 8, 1986 (13:18 Md. R. 2018)

**Administrative History:** Chapter revised effective November 16, 1987 (14:23 Md. R. 2413)

**Administrative History:** Chapter recodified from COMAR 07.02.05 to 07.06.10 effective January 23, 1989 (16:1 Md. R. 67)

**Administrative History:** Regulation .02D amended effective December 25, 1989 (16:25 Md. R. 2709)

**Administrative History:** Regulation .07 amended effective December 25, 1989 (16:25 Md. R. 2709)

**Administrative History:** Regulation .08A amended effective December 25, 1989 (16:25 Md. R. 2709)

**Administrative History:** Regulation .09D amended effective January 23, 1989 (16:1 Md. R. 67)

**Administrative History:** Regulation .12B amended effective January 23, 1989 (16:1 Md. R. 67); December 25, 1989 (16:25 Md. R. 2709)

**Administrative History:** Regulation .13C amended effective January 23, 1989 (16:1 Md. R. 67); December 25, 1989 (16:25 Md. R. 2709)

**Administrative History:** Regulation .15 amended effective January 23, 1989 (16:1 Md. R. 67)

**Administrative History:** Regulation .15D amended effective December 25, 1989 (16:25 Md. R. 2709)

**Administrative History:** Regulation .16A amended effective January 23, 1989 (16:1 Md. R. 67)

**Administrative History:** Regulation .17A amended effective January 23, 1989 (16:1 Md. R. 67)

**Administrative History:** Regulations .01—.17 repealed and new Regulations .01—.07 adopted effective October 15, 2001 (28:20 Md. R. 1780)

**Administrative History:** Chapter recodified from COMAR 07.06.10 to COMAR 07.01.13 effective June, 2009

**Administrative History:** Regulation .07 amended effective November 15, 2021 (48:23 Md. R. 979)

#### Regulation .01 Purpose.

*COMAR 07.01.13.01*

The purpose of the Maryland Legal Services Program is to make legal services available to:

A. Children determined to be in need of assistance (CINA);

B. Children in termination of parental rights (TPR) proceedings; and

C. Indigent adults in adult guardianship proceedings.

#### Regulation .02 Components.

*COMAR 07.01.13.02*

The Maryland Legal Services Program is composed of two programs:

A. The Contracts for Legal Services Programs under Regulation .04 of this chapter; and

B. The Court Appointed Attorneys Program under Regulations .05—.07 of this chapter.

#### Regulation .03 Definitions.

*COMAR 07.01.13.03*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Client” means a child involved in a CINA or TPR proceeding or an indigent adult involved in an Adult Protective Services (APS) or Adult Public Guardianship Review Board (APGRB) hearing.

  (2) “Director” means the Director of Maryland Legal Services Program.

  (3) “Judicare Committee” means the Judicare Committee of the Section of Delivery of Legal Services of the Maryland State Bar Association.

  (4) “Local department” means a local county department of social services, the Baltimore City Department of Social Services, or the Montgomery County Department of Health and Human Services.

#### Regulation .04 Contracts for Legal Services.

*COMAR 07.01.13.04*

A. Contracts shall be entered into with legal service delivery organizations to represent:

  (1) Child adoptions or guardianships under Family Law Article, §5-323, Annotated Code of Maryland, or other proceedings involving children and falling under Courts and Judicial Proceedings Article, §3-813, Annotated Code of Maryland; and

  (2) Adult guardianships or protective services under the Estates and Trusts Article, §13-705 or 13-709, Annotated Code of Maryland, or a case under Family Law Article, §14-404, Annotated Code of Maryland, in which either the Department of Human Services or the Department of Aging is involved.

B. The contracts shall:

  (1) Provide statewide legal representation for children in CINA and TPR proceedings and adults in APS or APGRB reviews; and

  (2) Help achieve the goals of the Department of Human Services by assisting vulnerable clients in receiving the highest level of quality and cost effective legal services.

#### Regulation .05 Court-Appointed Attorneys.

*COMAR 07.01.13.05*

A. If a court appoints private counsel, at the expense of the State, for an eligible individual in a case involving a local department of social services or the Department of Aging, the State may assess the attorney's fees against the local department as a party to the case.

B. The Department of Human Services is responsible for payment of attorney fees and costs legally assessed against the State to:

  (1) Monitor costs; and

  (2) Ensure uniform treatment.

C. The Court-Appointed Attorneys Program applies to the following cases:

  (1) Child adoptions or guardianships under Family Law Article, §5-323, Annotated Code of Maryland, or other proceedings involving children and falling under Courts and Judicial Proceedings Article, §3-834, Annotated Code of Maryland; and

  (2) Adult guardianships or protective services under Estates and Trusts Article, §13-705 or 13-709, Annotated Code of Maryland, or any case under Family Law Article, §14-404, Annotated Code of Maryland, in which either the Department of Human Services or the Department of Aging is involved.

D. In any court-assigned case, the Department of Human Services shall pay the attorney's expenses as approved by the:

  (1) Court in child adoptions, guardianships, or other covered proceedings involving children; or

  (2) Director of the Maryland Legal Services Program in adult guardianship or protective services.

E. Payment may not be made in a:

  (1) Case in which the adult involved is not indigent;

  (2) CINA case in which the representation is for a party other than the child; or

  (3) Case in which a local department is not a party, with the exception of cases before the Adult Public Guardianship Review Board involving the Department of Aging.

#### Regulation .06 Proceedings Involving Children.

*COMAR 07.01.13.06*

A. Court-Appointed Attorney Payment Procedures.

  (1) Upon completion of a child adoption or guardianship under Family Law Article, §5-323, Annotated Code of Maryland, or other proceeding under Courts and Judicial Proceedings Article, §3-813, Annotated Code of Maryland, the court-appointed attorney shall petition the court for an order directing the local department or the Department of Human Services to pay a specified fee and costs to the attorney for services rendered to the client named in the order.

  (2) At the time that the petition is filed with the court, a copy of the petition for award of attorney fees shall be submitted to:

    (a) Director, Maryland Legal Services Program, 311 West Saratoga Street, Baltimore, MD 21201; and

    (b) The attorney who presented the case for the State.

  (3) The following information shall be stated in the order, or shall be included in the petition for award of attorney fees, or in other court documents submitted with the court order:

    (a) The case was a child adoption or guardianship proceeding under Family Law Article, §5-323, Annotated Code of Maryland, or a proceeding under Courts and Judicial Proceedings Article, §3-813, Annotated Code of Maryland;

    (b) The name of the attorney representing the child;

    (c) The identity of the local department that was a party to the case;

    (d) The hours that the attorney spent in trial and nontrial activities, separately specified; and

    (e) The court has determined that the stated fee and stated costs are reasonable and has awarded the fee and costs to the attorney.

  (4) The Director may request additional supporting documentation to justify payment of the requested fee.

  (5) The attorney shall then submit to the Director at the address specified in §A(1)(a) of this regulation:

    (a) A copy of the court order;

    (b) A statement of the federal identification number or Social Security number under which the payment is to be reported to the Internal Revenue Service for tax purposes;

    (c) Any other required documentation as outlined in §A of this regulation; and

    (d) The Maryland Legal Services Program's request for payment form.

B. The Director shall review the court order to:

  (1) Verify that the court order falls within the coverage and other provisions of this chapter;

  (2) Review items submitted to ensure compliance with other provisions of this chapter; and

  (3) Process payment to the attorney.

#### Regulation .07 Adult Guardianships or Protective Services.

*COMAR 07.01.13.07*

A. Court-Appointed Attorney Payment Procedures.

  (1) Upon completion of an adult guardianship or protective services case under Estates and Trusts Article, §13-705 or 13-709, or Family Law Article, §14-404, Annotated Code of Maryland, the Court-appointed attorney shall submit to the Director of the Maryland Legal Services Program:

    (a) A copy of the court order appointing the attorney counsel for the client named in the order;

    (b) A certification that:

      (i) The case was an adult guardianship or protective service under Estates and Trusts Article, §13-705 or 13-709, or Family Law Article, §14-404, Annotated Code of Maryland;

      (ii) Separately identifies the hours that the attorney spent in trial and nontrial activities;

      (iii) Identifies the costs; and

      (iv) Identifies the local department of social services or the Department of Aging that was a party to the case;

    (c) A summary of any unusual or novel issues of law or fact in the case or other special factors that the attorney wants considered in the determination of a reasonable fee;

    (d) Copies of time sheets or other documentation of the time spent, and receipts, bills, or other documentation of expenses claimed;

    (e) A statement of what the attorney is requesting as a reasonable fee; and

    (f) A statement of the federal identification number or Social Security number under which the payment is to be reported to the Internal Revenue Service for tax purposes.

  (2) The Director shall review the attorney's submission to ensure that all required information and documentation have been submitted.

B. The Director shall:

  (1) Decide the amounts that constitute a reasonable fee and reasonable costs;

  (2) Authorize payment; and

  (3) Notify the attorney of the action taken.

### Chapter 14 — Rape Crisis Program

*Recodified to COMAR 01.04.02*

**Administrative History:** Effective date: March 25, 1985 (12:6 Md. R. 594)

**Administrative History:** Regulation .05 amended effective November 2, 1987 (14:22 Md. R. 2338)

**Administrative History:** Chapter recodified from COMAR 07.06 02 to COMAR 07.01.14 effective June, 2009

**Administrative History:** Chapter recodified from COMAR 07.01.14 to COMAR 01.04.02 effective December 24, 2012 (39:25 Md. R. 1610)

### Chapter 15 — Domestic Violence Program

*Recodified to COMAR 01.04.01*

**Administrative History:** Effective date: March 25, 1985 (12:6 Md. R. 594)

**Administrative History:** Regulation .02 amended effective December 25, 1989 (16:25 Md. R. 2709)

**Administrative History:** Regulation .04A amended effective December 25, 1989 (16:25 Md. R. 2709)

**Administrative History:** Regulation .05A, B amended effective December 25, 1989 (16:25 Md. R. 2709)

**Administrative History:** Chapter revised effective February 12, 1996 (23:3 Md. R. 166)

**Administrative History:** Chapter recodified from COMAR 07.06.04 to COMAR 07.01.15 effective June, 2009

**Administrative History:** Chapter recodified from COMAR 07.01.15 to COMAR 01.04.01 effective December 24, 2012 (39:25 Md. R. 1610)

### Chapter 16 — Crime Victims' Services Program

*Recodified to COMAR 01.04.03*

**Administrative History:** Effective date: November 17, 1986 (13:23 Md. R. 2479)

**Administrative History:** Regulation .01 amended effective October 1, 2001 (28:19 Md. R. 1683)

**Administrative History:** Regulation .03 amended effective October 1, 2001 (28:19 Md. R. 1683)

**Administrative History:** Regulation .04 amended effective October 1, 2001 (28:19 Md. R. 1683)

**Administrative History:** Regulation .05A, C amended effective October 1, 2001 (28:19 Md. R. 1683)

**Administrative History:** Regulation .07 amended effective October 1, 2001 (28:19 Md. R. 1683)

**Administrative History:** Regulation .08A amended effective October 1, 2001 (28:19 Md. R. 1683)

**Administrative History:** Chapter recodified from COMAR 07.06.07 to COMAR 07.01.16 effective June, 2009

**Administrative History:** Chapter recodified from COMAR 07.01.16 to COMAR 01.04.03 effective December 24, 2012 (39:25 Md. R. 1610)

### Chapter 17 — Homeless Women — Crisis Shelter Home

**Authority:** Human Services Article, §§6-430—6-438, Annotated Code of Maryland

**Administrative History:** Effective date: March 25, 1985 (12:6 Md. R. 593)

**Administrative History:** Regulations .01, .02D, .05, .06A, and .07 amended effective December 30, 1985 (12:26 Md. R. 2543)

**Administrative History:** Chapter recodified from COMAR 07.06.03 to COMAR 07.01.17 effective June, 2009

#### Regulation .01 Purpose.

*COMAR 07.01.17.01*

The purpose of the crisis shelter home program is to provide temporary shelter, meals, counseling, and information and referral to homeless women of the State.

#### Regulation .02 Definitions.

*COMAR 07.01.17.02*

A. “Department” means the Department of Human Services.

B. “Homeless woman” means a female 18 years old or older who is without shelter, and who is not eligible for or not able to be housed by another shelter facility or housing service at the time of application.

C. “Resident of the State” means a person who is living in the State voluntarily and not for temporary purposes, with no immediate intention of moving from the State at the time of application.

D. “Crisis shelter home” means a facility that provides shelter, meals, information and referral service, and counseling.

#### Regulation .03 Eligibility.

*COMAR 07.01.17.03*

A. A homeless woman who is a resident of Maryland, as defined in Regulation .02C, and not excluded by the provisions below is eligible for service to homeless women in a shelter home.

B. The shelter home may not accept:

  (1) An applicant who is a resident of a Maryland Department of Health facility for whom discharge planning responsibility rests with the Maryland Department of Health.

  (2) A person who is a clear and present danger to herself or others;

  (3) A person who is intoxicated by alcohol or under the influence of unprescribed drugs;

  (4) A person who is in need of acute medical, psychiatric, or nursing care; or

  (5) A person who is not willing or able to abide by shelter rules.

C. In order to continue in the residence beyond 3 days, the applicant shall be:

  (1) Willing to participate in a service contract;

  (2) Willing to abide by residence rules including fee payment, when required;

  (3) Without sufficient financial resources to enable her to purchase a stable alternative living arrangement; and

  (4) Cooperative in taking responsibility for housekeeping duties in the shelter home, including maintaining acceptable standards of housekeeping in her assigned room.

#### Regulation .04 Application and Admission.

*COMAR 07.01.17.04*

A. A homeless woman may apply for admission directly or be referred from another source.

B. A staff person shall assess the application and determine whether the applicant is eligible, and whether services are available and appropriate for the applicant.

C. For the applicant who is accepted into the shelter home, the staff person shall explain the services available and attempt to obtain the applicant's written agreement to abide by shelter rules.

D. Within the first 3 working days from date of admission to the shelter home, the staff person, with the applicant, shall develop and begin to implement a service contract.

E. The staff person shall determine any fee to be paid for services based on fee scales set in Regulation .11 of this chapter. The agreement to pay any required fee is a part of a signed service contract.

F. The staff person shall attempt to locate and secure alternate appropriate services when the applicant cannot be admitted to the shelter home for lack of space or ineligibility.

#### Regulation .05 Services Provided by the Crisis Shelter Home.

*COMAR 07.01.17.05*

A. The shelter home shall offer the following services:

  (1) Receipt of and response to crisis calls on a 24-hour basis;

  (2) Safe accommodations and board for residents;

  (3) Assessment with the resident of the resident's needs, capacities, and resources;

  (4) Planning and counseling with the resident to link her to appropriate community services.

B. The shelter home shall develop a service contract with the resident that is designed to:

  (1) Secure a stable living environment;

  (2) Secure any entitlements or benefits;

  (3) Secure education, training, or employment opportunities, as appropriate to the client's capacity; and

  (4) Resolve the problems that led to the resident's homelessness.

C. The shelter home shall provide:

  (1) Direct referral to appropriate service resources, including housing services, physical and mental health care, education, training, or employment;

  (2) Advocacy on behalf of a resident to ensure access to service resources;

  (3) Counseling with the resident about progress in achieving the goals in the service contract; and

  (4) Follow-up case management service as needed to the client in the community, if the service is not available elsewhere.

#### Regulation .06 Duration of Service.

*COMAR 07.01.17.06*

A. Maximum residence in the shelter home is 12 continuous weeks.

B. A former resident of the shelter home may return to the shelter for service for up to 3 days if space is available and she is not excluded by Regulation .03B of this regulation.

C. A former resident may return to the shelter home for service beyond 3 days only at the discretion of the director of the crisis shelter home, and not more than one time during any 12-month period.

D. The shelter home shall terminate services when the:

  (1) Goal set in the service plan is reached;

  (2) Resident requests termination of services;

  (3) Resident fails to abide by the shelter rules, including taking responsibility for housekeeping duties in the shelter home and maintaining acceptable standards of housekeeping in her assigned room;

  (4) Resident has reached the maximum length of stay in the shelter home.

#### Regulation .07 Requirements for the Crisis Shelter Home.

*COMAR 07.01.17.07*

A. The shelter home shall have available:

  (1) Room and board capacity for each resident;

  (2) Counseling and supportive services; and

  (3) Staff or volunteers under staff supervision trained to:

    (a) Assess need;

    (b) Establish eligibility;

    (c) Develop service contracts;

    (d) Assist the resident to use community resources; and

    (e) Monitor effectiveness of plans and services.

B. The shelter home shall conform to the applicable State and local fire codes, health codes, and all local zoning ordinances.

C. The shelter home shall employ professional staff and volunteers who are trained in provision of crisis services to persons who need a shelter.

D. The shelter home shall send to the Department a copy of the shelter rules.

#### Regulation .08 Reporting Requirements.

*COMAR 07.01.17.08*

A. Fiscal Reporting.

  (1) The shelter home shall maintain books, records, documents, and other evidence of all expenditures and income. The shelter home shall furnish monthly expenditure statements and other reports as required by the Department.

  (2) All books, records, documents, and other evidence shall be presented upon receipt of reasonable notice of inspection, review, or audit by the Department or other agency authorized to monitor the performance of the shelter home.

B. Case Record.

  (1) The shelter home shall maintain a case record that includes basic identifying and demographic data concerning the applicant, nature of the request for service, and a copy of the service plan.

  (2) Upon termination of service to a recipient, the shelter home shall collect and retain data concerning the services rendered and disposition.

  (3) The shelter home shall record all data on forms approved for this purpose by the Department.

C. Statistical Reporting. The shelter home shall compile and transmit statistical data as required by the Department.

D. The shelter home shall retain all records for a period of 3 years following completion of services.

#### Regulation .09 Confidentiality.

*COMAR 07.01.17.09*

A. The shelter home may not disclose identifying information regarding an applicant or recipient of service to any agency or individual without written authorization to do so from the applicant or recipient, except to Department of Human Services employees authorized to monitor or audit the program.

B. The shelter home shall maintain all written records regarding applicants and recipients of service in a secure locked location.

#### Regulation .10 Grievance Procedure.

*COMAR 07.01.17.10*

A. The local program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the local program, a procedure by which the grievance may be heard. The procedure shall include a notice of the grievance rights and the steps to take to initiate the grievance process, an opportunity to be heard, and a written decision by the local program director or designee that affirms or reverses the local program's action. The written determination shall include the basis for the decision.

B. The local program shall forward to the Department a summary of each decision rendered, including finding of fact concerning each grievance heard.

#### Regulation .11 Charges and Fees.

*COMAR 07.01.17.11*

A. The shelter home shall charge fees to the resident.

B. Determination of Fee.

  (1) The amount to be charged to the resident of the shelter home is set according to available monthly income and resources. The income scale and fee amounts are set in §C of this regulation.

  (2) Income from the following sources is included in determining the monthly income of a recipient of services:

    (a) Wages received by the recipient after any required deductions;

    (b) Child support received directly;

    (c) Alimony payments received directly;

    (d) Dividends or interest actually received from savings, stocks, or bonds;

    (e) Social Security, V.A., or other disability or retirement pension plan payments actually received;

    (f) Public assistance payments actually received; and

    (g) Other money income, such as tips, donations, or rents.

  (3) The following fixed continuing expenditures are deducted from the monthly income of a recipient:

    (a) Housing obligations such as rent, mortgage payments, utility costs, security or utility deposit actually paid by the client;

    (b) Child care payments actually paid by the client;

    (c) Work related expenses such as transportation costs, uniform costs, meal expenditures;

    (d) Health related expenses actually paid by the client, such as monthly doctor, hospital, or dental bills, health insurance; and

    (e) Any regular payments such as for charge accounts, car payments, loans.

  (4) The remaining income is considered the available monthly income of the recipient.

### Chapter 18 — Service Linked Housing Program

**Authority:** Human Services Article, §§6-417—6-427, Annotated Code of Maryland

**Administrative History:** Effective date: January 15, 1996 (23:1 Md. R. 23)

**Administrative History:** Regulation .07A amended effective August 5, 2002 (29:15 Md. R. 1141)

**Administrative History:** Recodified from COMAR 07.06.18 to COMAR 07.01.18 effective June, 2009

#### Regulation .01 Program Purpose.

*COMAR 07.01.18.01*

The purpose of the Service Linked Housing Program is to provide funding for resident advocates who are employed by providers to link low-income residents of permanent housing to services and to help them remain in their housing.

#### Regulation .02 Definitions.

*COMAR 07.01.18.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Department” means the Department of Human Services.

  (2) “Local administering agency (LAA)” means the agency designated by the Department or local government to manage the program in a particular subdivision, and to provide a service directly or by contract with the provider.

  (3) “Low-income individual or family” means an individual or one or more adults and children living together as a family whose income does not exceed 50 percent of the area median income.

  (4) “Provider” means a local agency that:

    (a) Is a nonprofit agency, an agency of local government, a public housing authority, or a for-profit organization in partnership with a nonprofit agency or local government, or both; and

    (b) Contracts with the Department or an LAA to provide services under the program.

  (5) “Resident” means a low-income individual or family living in permanent housing and participating in the Service Linked Housing Program.

#### Regulation .03 Eligibility for Services.

*COMAR 07.01.18.03*

A. An individual or family is eligible to receive services from a resident advocate if the individual or family is low-income as defined in Regulation .02 of this chapter and is:

  (1) Living in permanent housing; and

  (2) Determined by the provider to be in need of services in order to remain in the housing.

B. A provider may not require a resident to participate in religious activities as a condition of receiving services.

#### Regulation .04 Application Process.

*COMAR 07.01.18.04*

A. An applicant may apply in person directly to the provider or LAA, and shall complete the application form required by the provider or LAA.

B. The provider or LAA shall:

  (1) Explain to the applicant the services available;

  (2) If resources are available, give the applicant an opportunity to complete an application form and, if needed, assist the applicant in completing the form; and

  (3) Give the applicant written notice of the right to and method for obtaining a fair hearing or grievance procedure.

C. If the Department provides an application form, the provider or LAA shall use the application form prepared by the Department or a form which includes, at a minimum, the same information as the Department's form.

D. The provider or LAA shall assess the application and determine eligibility. If the applicant is eligible, the provider or LAA shall explain to the applicant the:

  (1) Amount and types of services to be provided;

  (2) Location where the service is provided;

  (3) Rules or conditions of the program where the service is provided; and

  (4) Right to and method for obtaining a fair hearing or grievance procedure.

#### Regulation .05 Delivery of Services.

*COMAR 07.01.18.05*

A. The resident advocate shall help the resident locate and obtain services and facilitate the resident's participation in the surrounding community.

B. The resident advocate shall provide services such as the following:

  (1) Interacting regularly with the resident and identifying the resident's special needs;

  (2) Helping the resident develop interpersonal skills and support networks;

  (3) Linking the resident with health, mental health, and addiction services, and with education and employment opportunities, or with any other service identified as needed;

  (4) Helping the resident to apply for benefits and to use food programs or other programs identified as needed; and

  (5) Scheduling workshops with community resources on topics such as financial planning, budgeting, literacy, computer skills, and parenting skills.

#### Regulation .06 Use of Funds.

*COMAR 07.01.18.06*

A. The LAA or provider shall use Program funds for:

  (1) The resident advocate's salary, FICA, unemployment insurance, and benefits such as health insurance and vacation;

  (2) Start-up costs for new projects as approved by the Department; and

  (3) Other items as designated by the Department.

B. The LAA or provider may not use Program funds for direct rental assistance to tenants or capital costs.

C. The LAA or provider shall provide funds for additional costs related to the Service Linked Housing Program.

#### Regulation .07 Appeal and Grievance Rights, and Nondiscrimination.

*COMAR 07.01.18.07*

A. Appeal From LAA Decision.

  (1) If the LAA is also the provider, the LAA shall give written notification of the right to and the procedures for requesting and obtaining an administrative hearing to each applicant or recipient of the Program services:

    (a) At the time of application; and

    (b) Whenever the LAA notifies an applicant or recipient of any action which might deny, suspend, reduce, or terminate service.

  (2) The procedures for an administrative hearing are set forth in COMAR 07.01.04.

  (3) An applicant or recipient of services is not entitled to Program services while an appeal is pending.

  (4) The LAA shall forward to the Department a summary of each decision rendered, including findings of fact for each administrative hearing.

B. Grievance Procedure.

  (1) If the provider is a private, nonprofit agency, a for-profit agency, or an entity of local government which is not the LAA, the provider shall give written notification of the right to file a grievance and a procedure by which the grievance may be heard to each applicant or recipient of the Program services:

    (a) At the time of application; and

    (b) Whenever the provider notifies an applicant or recipient of any action which might deny, suspend, reduce, or terminate service.

  (2) The grievance procedure includes:

    (a) A notice of the grievance rights and the steps to take to initiate the grievance process;

    (b) An opportunity to be heard; and

    (c) A written decision by the local program director or designee that:

      (i) Affirms or reverses the provider's action, and

      (ii) Includes the basis for the decision.

  (3) The provider shall forward to the Department and to the LAA a summary of each decision rendered, including findings of fact concerning each grievance heard.

C. Discrimination. The provider is required to observe the antidiscrimination policy in COMAR 07.01.03.

#### Regulation .08 Reports and Forms.

*COMAR 07.01.18.08*

A. The Department shall provide to the LAA the forms necessary to carry out the program.

B. The LAA shall transmit to providers the forms that are applicable to the providers.

C. The LAA shall make reports required by the Department.

### Chapter 19 — Homeless Services Program

**Authority:** Human Services Article, §§6-417—6-427, Annotated Code of Maryland

**Administrative History:** Effective date: December 2, 1985 (12:24 Md. R. 2346)

**Administrative History:** Chapter recodified from COMAR 07.02.21 to 07.06.09 and Regulations .01, .02, .04, .10, and .11 amended effective November 28, 1988 (15:24 Md. R. 2768)

**Administrative History:** Chapter revised effective January 31, 1994 (21:2 Md. R. 97)

**Administrative History:** Regulations .01—.16 repealed and new Regulations .01—.09 adopted effective March 27, 1995 (22:6 Md. R. 473)

**Administrative History:** Regulation .06B amended effective April 9, 2007 (34:7 Md. R. 697)

**Administrative History:** Regulation .08A amended effective August 5, 2002 (29:15 Md. R. 1141)

**Administrative History:** Regulation .08B amended effective January 15, 1996 (23:1 Md. R. 23)

**Administrative History:** Chapter recodified from COMAR 07.06.09 to COMAR 07.01.19 effective June, 2009

#### Regulation .01 Purpose.

*COMAR 07.01.19.01*

The purpose of the Homeless Services Program is to provide shelter, food, and services to homeless family units in Maryland, and to prevent homelessness when possible.

#### Regulation .02 Program Components.

*COMAR 07.01.19.02*

A. The Homeless Services Program is comprised of three programs:

  (1) The Emergency and Transitional Housing and Services Program under Regulation .05 of this chapter;

  (2) The Housing Counselor and Aftercare Program under Regulation .06 of this chapter; and

  (3) The Homelessness Prevention Program under Regulation .07 of this chapter.

B. Regulations .03—.04 and .08—.09 of this chapter apply to all program components of the Homeless Services Program.

#### Regulation .03 Definitions.

*COMAR 07.01.19.03*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Client” means a recipient of the program services.

  (2) “Department” means the Department of Human Services.

  (3) “Family unit” means an individual or one or more adults and children living together as a family.

  (4) “Homeless family unit” means a resident or residents of Maryland without housing and lacking resources to provide housing.

  (5) “Housing crisis” means a situation involving a family unit that is:

    (a) Threatened with the immediate loss of housing or other shelter;

    (b) Without resources to prevent an impending eviction; or

    (c) Otherwise at risk of becoming homeless.

  (6) “Local administering agency (LAA)” means the agency designated by the Department or local government to manage the program in a particular subdivision, and to provide a service directly or by contract with the service provider.

  (7) “Resident” means an individual who at the time of application is physically present in the State and has no immediate plans to leave Maryland for residence in another state.

  (8) “Service provider” means a local agency that is nonprofit, public or private, that contracts with the Department or a local administering agency to provide services under the program.

#### Regulation .04 Application Process.

*COMAR 07.01.19.04*

A. An applicant may apply in person directly to the service provider or other designated agency, and shall complete the application form required by the service provider or other designated agency.

B. The service provider or other designated agency shall:

  (1) Explain to the applicant the services available;

  (2) If resources are available, give the applicant an opportunity to complete an application form; and

  (3) Give written notice of the right to and method for obtaining a fair hearing or grievance procedure.

C. If the Department provides an application form, the service provider or other designated agency shall use the application form prepared by the Department or a form which includes, at a minimum, the same information as the Department's form.

D. The service provider or other designated agency shall assess the application and determine eligibility. If the applicant is eligible, the service provider or other designated agency shall explain:

  (1) The amount and types of services to be provided;

  (2) The location where the service is provided;

  (3) Any rules or conditions of the program where the service is provided; and

  (4) The right to and method for obtaining a fair hearing or grievance procedure.

#### Regulation .05 Emergency and Transitional Housing and Services Program.

*COMAR 07.01.19.05*

A. Program Purpose. The Emergency and Transitional Housing and Services Program provides funds for shelter and support services, start-up monies for new shelters and transitional housing programs, and limited rent and mortgage assistance.

B. Eligibility for Services.

  (1) A family unit is eligible for shelter and food service if the family unit is homeless. A family unit is eligible for food services even if the family unit's eligibility determination is pending from another food program.

  (2) A family unit is eligible for emergency rent or mortgage subsidy service if the family unit is:

    (a) Living in permanent housing and facing immediate eviction or foreclosure, or at risk of eviction or foreclosure;

    (b) Able to present verification of a pending eviction or foreclosure, or risk of eviction or foreclosure; and

    (c) Determined by the provider to be able to continue to stay in the home or to move to other permanent housing through payment to, or arrangement with, the landlord or mortgage holder.

C. Delivery of Services.

  (1) Subject to available funds and staff, services as described in §C(2)—(6) of this regulation may be provided.

  (2) Shelter Service.

    (a) When the service provider provides shelter service, it shall have available on the premises, or by arrangement, sleeping accommodations for the family unit or, if the shelter is operating only during the day-time hours, refuge accommodations for the family unit. Shelter service may be one of the following:

      (i) Emergency crisis shelter which provides sleeping accommodations for homeless family units on a short-term basis, while other arrangements are being explored;

      (ii) Transitional shelter which provides sleeping accommodations for three to 24 months, and case management services to help homeless family units achieve stable, permanent housing and as high a level of economic self-sufficiency as possible; or

      (iii) Day-time shelter which provides refuge for homeless family units during the day-time hours.

    (b) The service provider shall refer the family unit to another agency for shelter when the family unit's circumstances require it.

  (3) Food Service. When the service provider provides food service, the food service may be provided:

    (a) On the premises;

    (b) By arrangement with another service provider or restaurant;

    (c) By providing vouchers for groceries;

    (d) By cash grant, when other methods are not possible;

    (e) By referral to a food bank or other food distribution source; or

    (f) By referral to other agencies when client needs are identified and the service provider is unable to provide those services needed.

  (4) Transportation Service. As part of shelter, food, or case management service, the provider may provide or arrange for transportation for the client.

  (5) Case Management Service. When the service provider provides case management services, the services shall include, but are not limited to:

    (a) Assessing the client's needs;

    (b) Developing a case plan;

    (c) Linking the client to other services; and

    (d) Advocating for services on the client's behalf.

  (6) Emergency Rent or Mortgage Subsidy Service.

    (a) The emergency rent or mortgage subsidy service shall include an:

      (i) Evaluation of the client's ability to continue in the home or to move to other permanent housing through payment to or arrangement with the landlord or mortgage holder; and

      (ii) Arranged contact with the landlord or mortgage holder.

    (b) When the service provider provides the emergency rent or mortgage subsidy service, the provider shall provide a check payable to the landlord or mortgage holder for the payment of the rent or mortgage.

  (7) Limitations on Emergency Rent or Mortgage Subsidy Service.

    (a) The emergency rent or mortgage subsidy service is limited to the first month's rent or to 1 month's rent or mortgage payment on the condition that:

      (i) Payment will prevent the client's eviction or foreclosure; and

      (ii) The service provider determines that the client will be able to continue in the home or to move to other permanent housing through payment to or arrangement with the landlord or mortgage holder.

    (b) A client may receive the emergency rent or mortgage subsidy service once in any State fiscal year.

  (8) Religious Activities. The service provider may not require the client to participate in religious activities as a condition of receiving services.

D. Redetermination. A shelter service provider shall review eligibility at least every month, or whenever a change occurs in the client's circumstances.

E. Termination.

  (1) The service provider may terminate the program services if the client:

    (a) Secures necessary services from another source;

    (b) Does not comply with the conditions set forth in the service plan;

    (c) Becomes ineligible;

    (d) No longer needs the program service;

    (e) Refuses further service;

    (f) Refuses to abide by the rules of the service provider; or

    (g) Has met or exceeded the written time limit for the service established by the service provider.

  (2) If the service provider terminates service to the client because the client refuses to abide by the rules of the service provider, the provider shall make every effort to refer the client to another facility or agency.

F. Charges and Fees.

  (1) Emergency Shelter. If the service provider charges fees for emergency shelter, the service provider shall determine the fee in accordance with the provisions of the Homeless Women—Crisis Shelter Home Program under COMAR 07.01.17.11B and C.

  (2) Transitional Housing.

    (a) If the service provider charges fees for transitional housing, the amount to be charged to the client may not be more than 30 percent of the client's available monthly income.

    (b) Income from the following sources is included in determining the available monthly income of a recipient of transitional housing:

      (i) Wages received by the client after any required deductions;

      (ii) Child support received directly;

      (iii) Alimony payments received directly;

      (iv) Dividends or interest actually received from savings, stocks, or bonds;

      (v) Social Security, V.A., or other disability or retirement pension plan payments actually received;

      (vi) Public assistance payments actually received; and

      (vii) Other money income, such as tips, donations, or rents.

    (c) If the service provider intends to charge more than 30 percent of the client's available monthly income for transitional housing, the service provider shall request a waiver from the LAA and the Department. The Department shall make the final decision to grant the waiver.

#### Regulation .06 Housing Counselor and Aftercare Program.

*COMAR 07.01.19.06*

A. Program Purpose. The Housing Counselor and Aftercare Program assists families and individuals who are experiencing, or who are in imminent danger of, a housing crisis in obtaining and maintaining permanent housing.

B. Eligibility for Services. Clients for the Housing Counselor and Aftercare Program may include families or single adults. A client is eligible for housing counseling and aftercare services if the client is homeless or is experiencing or is in imminent danger of a housing crisis. In addition, a family applying for these services shall be receiving Temporary Cash Assistance (TCA) or in the process of applying for TCA.

C. Delivery of Services.

  (1) A housing counselor shall assist family units with securing and maintaining permanent, affordable housing. Services to be provided may include the following:

    (a) Assisting the client with searching for and obtaining permanent, affordable housing;

    (b) Developing a comprehensive, current list of housing resources and expanding the list of housing resources to include new resources;

    (c) Establishing a working relationship and advocating for the client with landlords, property managers, realty companies, and other sources of low-income housing;

    (d) Working with a client's case manager, when applicable, to coordinate services to the client;

    (e) Assisting the client, as needed, with issues that contribute to chronic housing problems, such as budgeting and household management; and

    (f) Performing other duties as designated by the Department.

  (2) An aftercare case manager shall help family units maintain permanent, affordable housing. Services to be provided may include the following:

    (a) Assessing the needs of the client and developing a plan to meet the client's identified needs;

    (b) Referring the client to services based on the client's needs;

    (c) Monitoring the services provided to the client, and intervening with the service provider if the client has difficulty accessing the service;

    (d) Maintaining regular contact with the client for counseling, skills development, and crisis intervention; and

    (e) Performing other duties as designated by the Department.

D. Use of Funds.

  (1) Program funds may be used for:

    (a) Salary and FICA for housing counselors and aftercare case managers;

    (b) Client-related expenses; and

    (c) Other items as designated by the Department.

  (2) Client-related expenses include, but are not limited to:

    (a) First and final months' rent;

    (b) Transportation for housing searches;

    (c) Moving expenses;

    (d) Essential furnishings;

    (e) Storage;

    (f) Arrearages;

    (g) Credit checks and housing application fees;

    (h) Security deposits;

    (i) Utility deposits; and

    (j) Other identified needs.

  (3) The LAA shall provide funds for additional costs related to the Housing Counselor and Aftercare Program, and costs incurred in operating the program.

#### Regulation .07 Homelessness Prevention Program.

*COMAR 07.01.19.07*

A. Program Purpose. The Homelessness Prevention Program:

  (1) Assists family units in a housing crisis; and

  (2) Provides services that may include but are not limited to:

    (a) Case management;

    (b) Counseling to identify households at risk of becoming homeless;

    (c) Training on budgeting and other life skills;

    (d) Education as to tenant rights and responsibilities;

    (e) Mediation between the landlord and tenant; and

    (f) Cash assistance.

B. Eligibility for Services. A family unit is eligible for services if the family unit is:

  (1) Living in permanent rental housing, and facing immediate eviction or at risk of being evicted;

  (2) Able to present verification of a pending eviction or risk of eviction; and

  (3) Determined by the provider to be able to continue to stay in the permanent housing or to move to other permanent housing through payment to or arrangement with the landlord.

C. Use of Funds.

  (1) Homelessness prevention funds may be used for the following activities:

    (a) Direct grants to family units to prevent evictions;

    (b) Eviction prevention counselors or landlord tenant mediators;

    (c) Early intervention services for at-risk households;

    (d) Revolving loan funds or rent banks; and

    (e) Other activities as approved by the Department.

  (2) If staff positions are funded, the only eligible costs are salary, FICA, and unemployment insurance. Additional costs for the position are funded through other sources.

D. Local Contribution.

  (1) The local jurisdiction shall provide a contribution to the Homelessness Prevention Program.

  (2) The local contribution shall consist of:

    (a) Administrative funds;

    (b) Cash or in-kind resources; or

    (c) Funds or resources that have been leveraged by the local jurisdiction.

#### Regulation .08 Appeal and Grievance Rights and Nondiscrimination.

*COMAR 07.01.19.08*

A. Appeal from LAA decision.

  (1) If the LAA is the direct service provider, the LAA shall give written notification of the right to and the procedures for requesting and obtaining an administrative hearing to each applicant or recipient of the program services:

    (a) At the time of application; and

    (b) Whenever the LAA notifies an applicant or recipient of any action which might deny, suspend, reduce, or terminate service.

  (2) The procedures for an administrative hearing are set forth in COMAR 07.01.04.

  (3) An applicant or recipient of services is not entitled to homeless services while an appeal is pending.

  (4) The LAA shall forward to the Department a summary of each decision rendered, including findings of fact for each administrative hearing.

B. Grievance Procedure.

  (1) If the service provider is a private, nonprofit agency or an entity of local government which is not the LAA, the service provider shall give written notification of the right to file a grievance and a procedure by which the grievance may be heard to each applicant or recipient of the program services:

    (a) At the time of application; and

    (b) Whenever the service provider notifies an applicant or recipient of an action which might deny, suspend, reduce, or terminate service.

  (2) The grievance procedure includes:

    (a) A notice of the grievance rights and the steps to take to initiate the grievance process;

    (b) An opportunity to be heard; and

    (c) A written decision by the local program director or designee that affirms or reverses the service provider's action and that includes the basis for the decision.

  (3) The service provider shall forward to the Department and to the LAA a summary of each decision rendered, including findings of fact concerning each grievance heard.

C. Discrimination. The service provider is required to observe the antidiscrimination policy in COMAR 07.01.03.

#### Regulation .09 Reports and Forms.

*COMAR 07.01.19.09*

A. The Department shall provide to the LAA the forms necessary to carry out the program. The LAA shall provide the forms to all agencies designated to provide program services.

B. The LAA shall make reports required by the Department.

C. The service provider shall report annual census data directly to the Department about the number of individuals served.

D. The Department shall collect data, on an annual basis, on the number and characteristics of individuals who receive service from the program.

E. The Department shall report annually to the Governor on the extent of homelessness, and recommend the programs or resources necessary to provide adequate services for homeless family units.

### Chapter 20 — Maryland Emergency Food Program

**Authority:** Human Services Article, §§6-409—6-414, Annotated Code of Maryland;Executive Order 01.01.2000.06

**Administrative History:** Effective date: November 1, 1999 (26:22 Md. R. 1691)

**Administrative History:** Regulation .02B amended effective November 11, 2002 (29:22 Md. R. 1720)

**Administrative History:** Regulation .03 amended effective November 11, 2002 (29:22 Md. R. 1720)

**Administrative History:** Regulation .04A, B amended effective November 11, 2002 (29:22 Md. R. 1720)

**Administrative History:** Regulation .05C amended effective November 11, 2002 (29:22 Md. R. 1720)

**Administrative History:** Regulation .06 amended effective November 11, 2002 (29:22 Md. R. 1720)

**Administrative History:** Regulation .07B, C amended effective November 11, 2002 (29:22 Md. R. 1720)

**Administrative History:** Regulation .08B amended effective November 11, 2002 (29:22 Md. R. 1720)

**Administrative History:** Regulation .09 adopted effective November 11, 2002 (29:22 Md. R. 1720)

**Administrative History:** Chapter recodified from COMAR 07.06.20 to COMAR 07.01.20 effective June, 2009

**Administrative History:** Regulation .09A amended effective May 22, 2017 (44:10 Md. R. 469)

#### Regulation .01 Purpose.

*COMAR 07.01.20.01*

The purpose of the Maryland Emergency Food Program is to:

A. Provide funding to assist emergency food providers in purchasing food for needy individuals in Maryland;

B. Encourage needy individuals to become self-sufficient; and

C. Distribute information on Maryland's earned income tax credit.

#### Regulation .02 Definitions.

*COMAR 07.01.20.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administering agency” means an agency or local government approved by the Department to administer the Program in a jurisdiction.

  (2) “Department” means the Department of Human Services.

  (3) “Emergency food provider” means a nonprofit or local government-run organization, including a soup kitchen or food pantry, which provides food to needy individuals at no charge.

  (4) “Jurisdiction” means either Baltimore City or one of the 23 counties in Maryland.

  (5) “Local government” means a municipal corporation in Maryland subject to the provisions of Article XI-E of the Constitution, the Mayor and City Council of Baltimore, one of the 23 counties in Maryland, or a housing authority authorized under Article 44A, Annotated Code of Maryland.

  (6) “Needy” means an individual or family determined to be in need according to the standards set by the State Advisory Council on Hunger.

  (7) “Program” means the Maryland Emergency Food Program.

  (8) “Units of service” means the number of:

    (a) Bags of food distributed by a food pantry; or

    (b) Meals served at a food kitchen.

#### Regulation .03 Formula for Allocation of Funds.

*COMAR 07.01.20.03*

A. The Department shall adopt a formula and qualifications for allocating Program funds to jurisdictions based on funding availability and jurisdiction-wide statistics for the:

  (1) Number of individuals and families living in poverty;

  (2) Unemployment rate;

  (3) Number of individuals and families receiving food stamps; and

  (4) As available, number of individuals and families requesting food assistance.

B. The Department shall ensure that not more than 5 percent of the funds are used for administrative costs by either the Department, the administering agency, or both of them.

#### Regulation .04 Procedure for Selection of Administering Agency.

*COMAR 07.01.20.04*

The Department shall:

A. Manage the Program and select and approve an administering agency for each jurisdiction;

B. Prepare the application and distribute it to potential participating agencies through the following resources:

  (1) Selected print media, electronic media, or both print and electronic media;

  (2) Local departments of social services and the Montgomery County Department of Health and Human Services or other administrative entity under which the Department of Social Services operates;

  (3) Statewide food provider;

  (4) Hunger advocacy organizations;

  (5) Local food provider agencies; and

  (6) Local governments; and

C. Use the standards and criteria set forth in Regulation .05 of this chapter to ensure that the selected administering agency has adequate internal controls of cash receipts, materials, supplies, and inventories.

#### Regulation .05 Fiscal Recording.

*COMAR 07.01.20.05*

The administering agency shall:

A. Maintain books, records, documents, and other evidence of all expenditures and income;

B. Maintain records according to generally acceptable accounting standards; and

C. Present, upon receipt of notice by a State auditor or other individual authorized to monitor the Program, all books, records, documents, and other evidence pertaining to the Program for inspection, review, or audit.

#### Regulation .06 Grant Application Procedure.

*COMAR 07.01.20.06*

A. An agency or local government wishing to become an administering agency shall apply to the Department by submitting an application and include in the application the procedures that the administering agency will use locally to:

  (1) Notify emergency food providers of the availability of Program grants;

  (2) Complete a site visit to each applicant who is new to the Maryland Emergency Food Program prior to approval of an application;

  (3) Make a site visit to each approved food provider at least once a year to ensure that the food provider is using the allocation to purchase food for needy individuals and families;

  (4) Approve emergency food providers as recipients of Program grants; and

  (5) Allocate Program grants among approved emergency food providers.

B. The Department shall:

  (1) Adopt a formula and qualifications for allocating Program funds to the jurisdictions based on funding availability and jurisdiction-wide statistics for the:

    (a) Number of individuals and families living in poverty;

    (b) Unemployment rate;

    (c) Number of individuals and families receiving food stamps; and

    (d) As available, number of individuals and families requesting food assistance;

  (2) Notify each local jurisdiction through the administering agency of the availability of Program funds based upon §B(1) of this regulation; and

  (3) Approve the application before an administering agency may receive a Program grant.

#### Regulation .07 Grant Management Procedure.

*COMAR 07.01.20.07*

A. The administering agency shall:

  (1) Assume responsibility for providing emergency food providers with information on the Program, including Program guidelines and fund availability;

  (2) Accept and process requests for funding assistance from the emergency food providers;

  (3) Allocate the funding to the emergency food providers based on the procedures approved in the application submitted to the Department; and

  (4) In collaboration with the Department, distribute information to the emergency food providers on:

    (a) The Department's self-sufficiency initiatives, and

    (b) Maryland's earned income tax credit.

B. The administering agency may use no more than the amount approved by the Department for administrative costs.

C. The emergency food provider shall:

  (1) Use the grant to purchase food to be distributed to needy individuals;

  (2) Purchase under the Program food produced, grown, and harvested in the State when feasible and cost effective;

  (3) Provide to needy individuals and families information from the Department that encourages self-sufficiency consistent with the Family Investment Program under COMAR 07.03.03; and

  (4) Distribute information on Maryland's earned income tax credit.

#### Regulation .08 Forms and Reports.

*COMAR 07.01.20.08*

A. Forms.

  (1) The Department shall provide to the administering agencies the forms necessary to carry out the Program.

  (2) The administering agencies shall provide Program service forms to the emergency food providers.

B. Reports.

  (1) An emergency food provider shall submit a report annually, and other reports as required, to the Department and the administering agency detailing:

    (a) How the grant was used; and

    (b) The units of service provided.

  (2) An administering agency shall submit a report annually, and other reports as required, to the Department detailing for each jurisdiction for which the administering agency is responsible:

    (a) How the grant was used in each jurisdiction; and

    (b) The units of service provided in each jurisdiction.

  (3) The Department shall submit annually to the State Advisory Council on Hunger a report detailing:

    (a) The total funds appropriated to the Program for the current and prior fiscal years, including the amount allocated for:

      (i) Administrative costs;

      (ii) Each administering agency; and

      (iii) Emergency food providers in each jurisdiction; and

    (b) The units of service provided in each jurisdiction.

#### Regulation .09 Monitoring.

*COMAR 07.01.20.09*

A. Emergency food providers shall be subject to site visits by the administering agency to ensure that grant awards are used to purchase food for needy individuals and families in accordance with Program requirements as follows:

  (1) Emergency food providers with grant awards exceeding $6,000 shall be subject to a site visit at least once a year; and

  (2) Emergency food providers with grant awards of $6,000 or less shall be subject to a site visit at least once every 3 years.

B. The Department shall review the records of each administering agency at least once a year to verify the agency's:

  (1) Allocations to approved food providers; and

  (2) Monitoring of food providers.

### Chapter 21 — Displaced Homemaker Program

**Authority:** Family Law Article, §§4-601—4-613, Annotated Code of Maryland

**Administrative History:** Effective date: January 27, 1978 (5:2 Md. R. 61)

**Administrative History:** Recodified from COMAR 07.01.05 to 07.01.06 (5:6 Md. R. 465)

**Administrative History:** Regulations .02—.04 amended effective January 11, 1980 (7:1 Md. R. 42)

**Administrative History:** Regulation .04 amended effective August 25, 1986 (13:17 Md. R. 1921)

**Administrative History:** Regulation .07 amended effective July 14, 1978 (5:14 Md. R. 1136); August 25, 1986 (13:17 Md. R. 1921)

**Administrative History:** Recodified from COMAR 07.01.06 to 07.06.01

**Administrative History:** Chapter revised effective September 12, 1994 (21:18 Md. R. 1508)

**Administrative History:** Regulation .01B amended effective October 29, 2001 (28:21 Md. R. 1854)

**Administrative History:** Regulation .03B amended effective October 29, 2001 (28:21 Md. R. 1854)

**Administrative History:** Regulation .04 amended effective October 29, 2001 (28:21 Md. R. 1854)

**Administrative History:** Chapter recodified from COMAR 07.06.01 to COMAR 07.01.21 effective June, 2009

#### Regulation .01 Definitions.

*COMAR 07.01.21.01*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Department” means the Department of Human Services.

  (2) “Displaced homemaker” means an individual who:

    (a) Is at least 35 years old;

    (b) Has performed as a homemaker for the individual's family in the family home;

    (c) Is not gainfully employed;

    (d) Has had, or would have, difficulty finding employment; and

    (e) Has depended on:

      (i) The income of a family member and has lost part or all of that income as a result of separation, divorce, or the death or disability of that family member;

      (ii) Federal, State, or local government assistance as the parent or specified relative of a dependent child receiving Temporary Assistance for Needy Families (TANF) and is no longer eligible for that assistance; or

      (iii) TANF payments for at least 24 months.

  (3) “Displaced homemaker program” or “program” means a local program authorized by the Department and designed to meet the needs of displaced homemakers.

#### Regulation .02 Application.

*COMAR 07.01.21.02*

A. An applicant requesting services shall complete a written application in person at a displaced homemaker program's center.

B. The program shall inform applicants about eligibility requirements, services, and the applicants' rights and obligations under the program before service is authorized.

C. An applicant for a training allowance in accord with Regulation .06 of this chapter shall sign an application form prescribed by the Department.

#### Regulation .03 Eligibility.

*COMAR 07.01.21.03*

A. An individual who meets the definition of a displaced homemaker in Regulation .01 of this chapter is eligible for services from a displaced homemaker program.

B. When permitted by available resources, a program may offer those individuals who do not meet the definition of a displaced homemaker the opportunity to participate in the programs and services described in Regulation .04B of this chapter.

#### Regulation .04 Services Offered.

*COMAR 07.01.21.04*

A. A program shall offer services to eligible displaced homemakers based on individual need established in a service plan developed by the displaced homemaker with the program staff, and authorized by the displaced homemaker program director, except that services to individuals 30 years old or older who meet the criteria in Regulation .01B(2) of this chapter shall be based on the level of available funds and staff.

B. A displaced homemaker program shall provide:

  (1) Career counseling which is designed to assist the displaced homemaker in entering or reentering the job market;

  (2) Information and referral to other services and resources available;

  (3) Career Path Program which is an intensive workshop program designed to assist participants in:

    (a) Job readiness;

    (b) Pre-employment preparation;

    (c) Life and job skill development;

    (d) Resume preparation; and

    (e) The job search process;

  (4) Informational workshops such as:

    (a) Legal rights;

    (b) Health benefit issues;

    (c) Financial management;

  (5) Discussion groups on such issues as:

    (a) Separation or divorce;

    (b) Stress management;

    (c) Bereavement and grief support; and

    (d) Workforce or school entry or re-entry;

  (6) Job-training opportunities designed to provide or improve skills and experiences necessary for employment;

  (7) Job development;

  (8) Job placement in full and part-time positions; and

  (9) Life management counseling which is designed to assist the displaced homemaker in entering or re-entering the job market.

#### Regulation .05 Fees.

*COMAR 07.01.21.05*

A program shall charge each participant an initial fee for services according to the fee scale in Schedule A in Regulation .09 of this chapter. The income limits are set at levels that take into account the fixed expenses necessary to maintain a home. Maximum charges are indicated.

#### Regulation .06 Training Allowances.

*COMAR 07.01.21.06*

A program may provide training allowances per Schedule B—Training Allowances in Regulation .09 of this chapter to approved participants whose income levels are such that they would have difficulty maintaining a home and providing the expenses necessary for training. Allowances are provided to pay for expenses incurred during the training period. Maximum allowances are indicated.

#### Regulation .07 Grievance Procedure.

*COMAR 07.01.21.07*

A. A displaced homemaker program shall make available to any applicant or recipient of service aggrieved by a decision, action, or inaction of the program, a procedure by which the grievance may be heard.

B. The program shall include the following in the grievance procedure:

  (1) A written notice, both at the time of application and when the action is taken, of the grievance rights and the steps to take to initiate the grievance process;

  (2) A written notice of the action taken and the basis for the action;

  (3) An opportunity to appeal and to be heard; and

  (4) A written decision by the program director or designee that affirms or reverses the program's action, and includes the basis for the decision.

C. The program shall forward to the Department a summary of each grievance decision rendered, including findings of fact concerning each grievance heard.

#### Regulation .08 Income.

*COMAR 07.01.21.08*

A. In determining eligibility for training allowances and in determining whether fees for workshops are to be assessed, a program shall treat any earned or unearned cash income as gross income.

B. Services or goods received in-kind are not counted as income.

C. Cash income includes only income that is available to the displaced homemaker to be used at his or her discretion.

#### Regulation .09 Schedules.

*COMAR 07.01.21.09*

A. Workshop Fee Scale.

B. Training Allowance.