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 10.22.16.06 - Implementation of Action of the Secretary
Universal Citation: MD Code Reg 10.22.16.06
Current through Register Vol. 51, No. 19, September 20, 2024
A. The action of the Secretary, which is the subject of a request for a hearing, may not be implemented unless the:
(1) Secretary has determined that an
emergency exists when to delay action for a hearing would have a serious and
adverse affect on the health or safety of any person;
(2) Applicant or recipient has withdrawn or
abandoned the request for a hearing; or
(3) Applicant or recipient has failed in the
applicant's or recipient's challenge of any action or inaction of the Secretary
under Health-General Article, §7-406, Annotated Code of Maryland, and the
enforcement of the final decision has not been stayed pursuant to State
Government Article, §10-215.
B. When a request for a hearing has been made and the appellant is asking that the Secretary take certain action, the requested action need not be implemented unless the appellant is successful in the appellant's challenge under Health-General Article, §7-406.
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