<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 07.01.04.05" title_num="07" subtitle_num="01" chapter_num="04" heading="Continuation of Assistance Pending Appeal.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The mailing of timely and adequate notice from the agency;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The date of the agency's action if the agency failed to give timely notice; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Assistance may not be continued or reinstated pending appeal if:</text>
    <paragraph num="(1)">
      <text>An appellant specifically requests that assistance not be continued or reinstated pending appeal;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The eligibility or certification period for the assistance has expired;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>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</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Continuation or reinstatement of the service at issue would threaten the health or safety of other individuals.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>An appeal request form shall contain:</text>
    <paragraph num="(1)">
      <text>An opportunity for the appellant to request that assistance not be continued or reinstated pending appeal; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A statement that the appellant is responsible for repaying any assistance paid during the appeal process if the agency's position is upheld.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Once continued or reinstated, assistance may not be suspended, reduced, or terminated before the appellant and the agency receive a final administrative decision unless:</text>
    <paragraph num="(1)">
      <text>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;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The administrative law judge makes a preliminary written determination, after a hearing, that:</text>
      <paragraph num="(a)">
        <text>Assistance has been reduced or terminated due to a change in State or federal law or regulation, and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The appellant has no valid claim that the agency misapplied the change;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>An appellant fails to request an appeal after receiving a separate and unrelated notice that assistance will be suspended, reduced, or terminated; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>The agency shall promptly inform the appellant in writing when assistance is suspended, reduced, or terminated while the appeal is pending.</text>
  </paragraph>
</regulation>