<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 14.35.11.03" title_num="14" subtitle_num="35" chapter_num="11" heading="Opportunity for a Fair Hearing.">
  <paragraph num="A.">
    <text>An opportunity for a fair hearing shall be granted if an applicant claims that:</text>
    <paragraph num="(1)">
      <text>The determination or redetermination received from the Exchange of the applicant’s eligibility for enrollment in a qualified health plan is incorrect;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The determination or redetermination received from the Exchange of the applicant’s eligibility for an insurance affordability program is incorrect; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The determination or redetermination received from the Exchange of the applicant’s eligibility for enrollment in a qualified health plan or an insurance affordability program is untimely as set forth in applicable law.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>The administrative law judge need not grant a fair hearing if the sole issue is a federal or State law requiring an automatic change adversely affecting some or all applicants.</text>
  </paragraph>
</regulation>