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COMAR 10.09.24.13

1302 State of Maryland Medical Assistance Manual Revised July 2012 b. The person provides the Department with a declaration declaring the appellant’s legal incapacity along with the request for a fair hearing; or 10. In the event that none of the individuals listed in section 1- 8 above exist and that no person covered by section 9 above is willing and able to act on behalf of the appellant, then and only then, any person with a direct financial interest in the outcome of the hearing or a person whose employer has a direct financial interest in the outcome of the hearing if the person provides the Department with a declaration along with the request for a fair hearing declaring: a. To the best of his/her belief, the appellant’s legal incapacity; b. To the best of his/her belief, the non-existence of any of the individuals listed in section 1-8 above; c. To the best of his/her belief, the non-existence of any person covered by section 9 above who is willing and able to act on behalf of the appellant; and d. That the individual only has the authority to pursue the appellant’s appeal rights regarding this specific issue, that the authority does not extend to any other representation on behalf of the appellant in any other matter, and that the authority remains in effect for all levels of the appeal process but automatically terminate thereafter. 1300.3 Hearings (a) Request a Hearing 1. The Department shall grant an opportunity for a hearing to: a. Any applicant who requests it because he/she believes the LDSS has denied his/her eligibility incorrectly or has not acted on his/her application with reasonable promptness; and b. Any recipient who requests it because he/she believes the Department or the LDSS has taken an action erroneously.

Note: The local department may not deny an applicant or recipient the right to request a hearing. The granting of the request is within the scope of responsibility of the Hearings Office, DHMH, even when the sole issue being appealed is a federal or state law requiring an automatic change.

2. A person requesting a hearing shall notify the Department on a form designated by the Department, within 90 days from the date the notice of action was mailed by the LDSS. 3. A hearing is not required if the hearing officer decides that the sole issue is a federal or State law requiring an automatic change which adversely affects some or all recipients.