<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 07.03.14.02" title_num="07" subtitle_num="03" chapter_num="14" heading="Underpayment Procedures.">
  <paragraph num="A.">
    <text>To correct an underpayment, the local department shall:</text>
    <paragraph num="(1)">
      <text>Correct continuing payments promptly, if appropriate;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Authorize corrective payment as a one-time-only payment equal to the total amount of the underpayment from the time of discovery and correction, retroactive to the time the underpayment first occurred; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Require that a supervisory level employee review and approve each fiscal authorization to correct an underpayment before payment is made.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Corrective payments are not counted as income or resource for determining eligibility in the month paid or in the following month.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The corrective payment is charged to the program funding source according to instructions issued by the Department.</text>
  </paragraph>
  <paragraph num="D.">
    <text>An uncorrected underpayment may be applied to offset an overpayment debt.</text>
  </paragraph>
  <paragraph num="E.">
    <text>When a decision of the Office of Administrative Hearings as applied to individuals similarly situated would result in a benefit, the local department shall, upon request of the individual, make retroactive adjustments to the date that the incorrect action was taken.</text>
  </paragraph>
  <paragraph num="F.">
    <text>A recipient or former recipient may request an administrative hearing to challenge the amount of an underpayment.</text>
  </paragraph>
</regulation>