Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 3
Subtitle 22 - DEVELOPMENTAL DISABILITIES
Chapter 10.22.16 - Informal Hearings Under the Maryland Developmental Disabilities Law
Section 10.22.16.03 - Definitions
Universal Citation: MD Code Reg 10.22.16.03
Current through Register Vol. 51, No. 19, September 20, 2024
A. In this chapter the following terms have the meanings indicated.
B. Terms Defined.
(1) "Action or inaction of the Secretary"
means a decision of the Deputy Secretary or an authorized representative of the
Deputy Secretary, that:
(a) Denies an
application by an individual for eligibility for services;
(b) Denies a request for services made by a
recipient of services;
(c)
Terminates, reduces, suspends, or withdraws services for a recipient of
services; or
(d) Otherwise denies a
request made by a recipient of services that is related to DDA
services.
(2)
"Administration" means the Developmental Disabilities Administration
(DDA).
(3) "Appellant" means the
person or that person's representative who has applied for or received
Administration services and who has requested a hearing pursuant to
Health-General Article, §7-406, Annotated Code of Maryland.
(4) "Applicant for services" means a person
who has applied for services and is subject to the Administration's
determination of eligibility. In addition, the following representatives are
considered applicants for the purpose of these regulations:
(a) A parent of an applicant who is a
minor;
(b) The applicant's
court-appointed guardian of the person;
(c) An attorney representing the applicant;
and
(d) A person or agency who has
a legitimate interest in the welfare of the individual applying for DDA
services or being served in a DDA licensed, operated, or funded
program.
(5)
"Department" means the Department of Health and Mental Hygiene.
(6) "Department's representative" means the
person designated by the Director to represent the Department in the hearing
and to defend the action or inaction of the Secretary.
(7) "Director" means the Director of the
Developmental Disabilities Administration.
(8) "Hearing" means the informal hearing
provided for in Health-General Article, §7-406(a)(1), Annotated Code of
Maryland.
(9) "Party" means an
appellant or the Department.
(10)
"Recipient of services" means a person who has received Administration
services. In addition, the following representatives are considered recipients
for the purpose of these regulations:
(a) A
parent of a recipient who is a minor;
(b) The recipient's court-appointed guardian
of the person;
(c) An attorney
representing the recipient; and
(d)
A person or agency who has a legitimate interest in the welfare of the
individual applying for DDA services or being served in a DDA licensed,
operated, or funded program.
(11) "Secretary" means the Secretary of the
Department of Health and Mental Hygiene or a representative appointed by the
Secretary.
(12) "Secretary's
designee" means the employee of the Department chosen by the Director to
conduct the hearing and make administrative decisions in accordance with these
regulations.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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