Current through Register Vol. 51, No. 19, September 20, 2024
A. Before
determining that a claimant has been overpaid, the Secretary or the Secretary's
designee shall conduct a pre-determination investigation in accordance with
Labor and Employment Article, Title 8, Annotated Code of Maryland, and other
applicable law.
B. As a part of the
pre-determination investigation, the Department shall take the following steps:
(1) Make reasonable attempts to promptly
contact the claimant to whom the potential overpayment was made and provide the
claimant with an opportunity to respond to requests for information about the
potential overpayment;
(2)
Independently verify information received from a computer cross-match with a
federal database or other automatic processes or matches;
(3) Make reasonable attempts to gather all
relevant information that is of sufficient quality and quantity to support the
findings and rationale for the determination; and
(4) Provide the claimant an opportunity to
rebut information received from a computer cross-match with any database, or
from an employer or other outside source.
C. If the Secretary's or Secretary's
designee's review reveals a dispute of material fact concerning whether the
claimant is eligible or disqualified, the Secretary or the Secretary's designee
shall conduct a proceeding in accordance with COMAR
09.32.02.16E.
D. The notice of the proceedings
shall be set forth as follows:
(1) The
Secretary's designee shall deliver notice to the claimant in accordance with
the claimant's preferred method of communication; and
(2) The notice described in this regulation
shall contain the following information:
(a)
The issues to be resolved at the proceeding;
(b) The date, time, and place of a proceeding
to determine whether the claimant was overpaid;
(c) Notice that the proceeding may result in
an overpayment determination that may lead to an enforceable monetary judgment
against the claimant, in addition to or instead of the reduction or elimination
of current or future benefits; and
(d) Notice that any party shall have the
right to be present by telephone or in person, as required by the Secretary or
the Secretary's designee, and may be represented by an attorney or other
representative of the party 's choosing.
E. During the proceeding described above, the
parties may:
(1) Be present, by telephone or
in person, as required by the Secretary;
(2) Be represented by an attorney or other
representative of the party's choosing;
(3) Present and rebut evidence and argument
relating to the issues;
(4)
Cross-examine any person who participates in person or by telephone at the
proceeding and testifies or provides information relating to the issues;
and
(5) Be given the opportunity to
examine all evidence relating to any issue that is before the Secretary and all
evidence upon which the Secretary may rely in reaching a
determination.
