<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 07.03.10.04" title_num="07" subtitle_num="03" chapter_num="10" heading="Local Department Responsibilities.">
  <paragraph num="A.">
    <text>When information is received that an individual may have committed an intentional program violation, the local department shall refer the information to the Office of the Inspector General which shall:</text>
    <paragraph num="(1)">
      <text>Conduct an investigation of the suspected intentional program violators;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Prepare a report on the completed investigation showing the methods used to obtain information; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Make the report available to the director of the local department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The local departments for OHEP shall refer the information to the OHEP central office for review and investigation.</text>
  </paragraph>
  <paragraph num="C.">
    <text>When the local department decides that there is sufficient documentary evidence that an individual has committed an intentional program violation, the local department shall refer the individual to the:</text>
    <paragraph num="(1)">
      <text>Local State's attorney if the alleged facts in the case meet the guidelines established by the State's attorney for prosecution; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>OAH for an administrative disqualification hearing.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>If the local State's attorney decides that a case does not warrant prosecution, the local department may refer that case to OAH for an administrative disqualification hearing.</text>
  </paragraph>
  <paragraph num="E.">
    <text>If the local State's attorney does not act on a referred case within a reasonable period of time, the local department shall formally withdraw the referral and refer the case to OAH for an administrative disqualification hearing.</text>
  </paragraph>
  <paragraph num="F.">
    <text>The local department may refer an individual for an administrative disqualification hearing regardless of the current eligibility of the individual.</text>
  </paragraph>
  <paragraph num="G.">
    <text>The local department may not initiate an administrative disqualification hearing:</text>
    <paragraph num="(1)">
      <text>Against an individual whose case is being referred by the State's attorney for prosecution; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>After the State's attorney or a court of appropriate jurisdiction has taken any action against the individual in a case arising out of the same or related circumstance.</text>
    </paragraph>
  </paragraph>
</regulation>