Md. Code Regs. 10.01.06.12

Current through Register Vol. 51, No. 20, October 4, 2024

Section 10.01.06.12 - Findings, Conclusions, and Decision

A. The hearing officer shall prepare a written summary of findings and conclusions based exclusively on the record, and shall state the policies, regulations, or laws upon which the hearing officer's decision is based. The hearing officer's decision shall become a part of the record.

B. A copy of the findings, conclusions, and decision shall be forwarded to the appellant or his representative no later than 45 days after the date of receipt of the initial request for a fair hearing; except that, if the date of the fair hearing is postponed at the appellant's request, the length of the postponement may not be counted as part of the 45-day period. The hearing officer further shall provide written notice to the appellant or his representative that if he is not satisfied with the decision, he may seek administrative review as provided in Health-General Article, §2-207, Annotated Code of Maryland, and judicial review as provided in Article 41, § 225, Annotated Code of Maryland, or any other provision of law.

C. The decision of the hearing officer shall be final and binding upon the Department and the delegate agency, and shall be implemented immediately unless otherwise specifically indicated in the decision, or unless the appellant takes an appeal as provided in Health-General Article, §2-207, Annotated Code of Maryland. However, if the decision being appealed is in favor of a delegate agency seeking to recover the cash value of improperly issued benefits, the delegate agency shall resume its claim collection efforts during pendency of the appeal. When the decision requires action by the delegate agency, that agency shall notify the Department of compliance compliance with the decision.

D. The hearing officer shall maintain a copy of the decision, with the name of the appellant and witnesses deleted, in a reference file or hearing decisions that will be accessible to the public. Copies of all decisions, either in full text or in summary form, shall be forwarded to the delegate agency and any agency or physician with which it has contracted to fulfill its program responsibilities and is involved in this fair hearing.

Md. Code Regs. 10.01.06.12

Regulation .12 amended effective November 3, 1978 (5:22 Md. R. 1673)
Regulation .12A amended effective June 26, 1981 (8:13 Md. R. 1138)
Regulation .12B amended effective April 12, 1982 (9:7 Md. R. 711)
Regulation .12C amended effective January 23, 1989 (16:1 Md. R. 69)