<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 10.22.16.04" title_num="10" subtitle_num="22" chapter_num="16" heading="Notification of Right to Request a Hearing.">
  <text>The Administration shall:</text>
  <paragraph num="A.">
    <text>Provide written notification of the right to request a hearing and the method of obtaining the hearing to each applicant for or recipient of services at the time of application, and at any time the Administration decides to deny, terminate, reduce, suspend, withdraw or transfer, or otherwise significantly alter any service to an applicant or recipient;</text>
  </paragraph>
  <paragraph num="B.">
    <text>Include in the notification the following statements:</text>
    <paragraph num="(1)">
      <text>That the applicant or recipient:</text>
      <paragraph num="(a)">
        <text>Has a right to a hearing upon request regarding any action or inaction of the Secretary made under Health-General Article, Title 7, Annotated Code of Maryland, which affects service provision to the applicant or recipient,</text>
      </paragraph>
      <paragraph num="(b)">
        <text>May choose to waive the right to an informal hearing, and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Has the right to a formal hearing in accordance with State Government Article, Title 10, Subtitle 2;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>If a decision has been made by the Secretary, the factual basis for the decision;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>That a hearing shall be requested within 45 days of the date the notification is postmarked if a decision has been made by the Department, or within 45 days following the action or inaction which is the subject of the appeal;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The procedure the applicant or recipient is required to follow in order to timely request a hearing; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>That unless an informal or formal hearing is requested within the prescribed time period, the Secretary's intended action will become final;</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Enclose with the written notification a form to be used to request a hearing.</text>
  </paragraph>
</regulation>