§ 5-408. Appeals; review and oversight of local departments by Administration

   (a) Right to appeal. -- An applicant or recipient may appeal to the Administration if the local department:

   (1) does not act on an application within a reasonable time;

   (2) denies an application wholly or partly; or

   (3) modifies or cancels a grant of assistance.

(b) Appeal process. --

   (1) The appeal shall be filed in the manner and form that the Administration requires.

   (2) The Administration shall give the applicant or recipient reasonable notice and an opportunity for a hearing on the appeal.

(c) Review and oversight of local departments by Administration. --

   (1) On its own motion, the Administration may:

      (i) review any decision of a local department; and

      (ii) consider an application on which the local department has not made a decision within a reasonable time.

   (2) The Administration:

      (i) may make any additional investigation it considers necessary; and

      (ii) shall make any decision on the granting of assistance and the amount of assistance it considers justified in accordance with this part.

   (3) On request, the Administration shall give an applicant or recipient affected by a decision made under paragraph (2) of this subsection reasonable notice and an opportunity for a hearing.

(d) Effect of decisions by Administration. --

   (1) A decision of the Administration under this section is final and binding on the local department.

   (2) The local department shall comply with a decision of the Administration under this section.

HISTORY: An. Code 1957, art. 88A, § 74; 2007, ch. 3, § 2.