(a) The Executive must establish by regulation a case review and appeal procedure that:
(1) provides each applicant who has been denied new rental assistance benefits an opportunity for an informal case review and, if the case review upholds the denial of benefits, an administrative hearing; and
(2) prohibits involuntary termination of rental assistance benefits to a recipient until the recipient has received:
(A) an opportunity for an informal, in-person case review; and
(B) if the case review upholds the termination of benefits, a final decision after an administrative hearing.
(b) The prohibition in subsection (a)(2) on pre-hearing termination of benefits to a recipient does not apply to:
(1) a voluntary termination requested by a recipient; or
(2) an involuntary termination under special circumstances described in the regulation, such as fraud.
(c) An applicant or recipient aggrieved by a final decision of the Department after an administrative review hearing may seek judicial review by filing an original complaint in the Circuit Court. Any party to the proceeding in the Circuit Court may appeal the decision of the Circuit Court to the appellant courts of Maryland pursuant to applicable provisions of the Maryland Rules of Procedure. (1993 L.M.C., ch. 1, § 1; 2000 L.M.C., ch. 3, § 1; .)
Note—Formerly, § 41A-23.
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