<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 14.35.11.11" title_num="14" subtitle_num="35" chapter_num="11" heading="Program Benefits During Appeals Process.">
  <paragraph num="A.">
    <text>Benefits Pending Outcome of the Hearing.</text>
    <paragraph num="(1)">
      <text>The Program may terminate or reduce services effective as of the date specified in the notice if the Program timely mails the notice as required under Regulation .04 of this chapter and:</text>
      <paragraph num="(a)">
        <text>The appellant or the appellant’s authorized representative does not timely request a hearing in accordance with Regulation .05 of this chapter; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The appellant or the appellant’s authorized representative withdraws in writing or abandons a request for a fair hearing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Except as provided in §A(3) of this regulation, the Program may not terminate or reduce services until a decision is rendered after the hearing if:</text>
      <paragraph num="(a)">
        <text>The Program timely mails the notice as required under Regulation .04 of this chapter; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The appellant requests a hearing before the date of the action.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The Program may terminate or reduce services before an administrative law judge renders a decision after a hearing if:</text>
      <paragraph num="(a)">
        <text>The administrative law judge determines at the hearing that the sole issue is one of federal or State law or policy, or the request for a fair hearing is withdrawn in writing or abandoned; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Program includes in the notification required by Regulation .04 of this chapter that services are to be terminated or reduced pending the hearing decision.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Reinstating Benefits.</text>
    <paragraph num="(1)">
      <text>If the Program terminates or reduces services pursuant to §A of this regulation, the Program may reinstate services if a Program recipient requests a hearing not more than 10 days after the date of action.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The reinstated services shall continue until a hearing decision, unless, at the hearing, the administrative law judge determines that the sole issue is one of federal or State law or policy.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Program shall reinstate and continue services until a decision is rendered after a hearing if:</text>
      <paragraph num="(a)">
        <text>Action is taken without the advance notice being given to the recipient as required by Regulation .04 of this chapter;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The recipient requests a hearing within 10 days of the mailing of the notice of action; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The Program determines that the action resulted from other than the application of federal or State law or policy.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>If a recipient’s whereabouts are unknown, as indicated by the return of unforwardable Program mail directed to the recipient, any discontinued services shall be reinstated if the recipient’s whereabouts become known during the time the recipient is eligible for services.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The administrative law judge may provide for an additional period during which time the request for a fair hearing will result in reinstatement of a recipient’s assistance to be continued until the hearing decision.</text>
    </paragraph>
  </paragraph>
</regulation>