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Martin O'Malley, Governor
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Ch.3
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(2) PROVIDE ACCESS TO LEGAL ASSISTANCE TO ELIGIBLE CLIENTS IN
ALL AREAS OF THE STATE.
(B) POLITICAL CONSIDERATIONS PROHIBITED.
THE CORPORATION MAY NOT USE A POLITICAL TEST OR POLITICAL
QUALIFICATIONS TO SELECT OR MONITOR A GRANTEE UNDER THIS TITLE.
(C) TERMINATION OR SUSPENSION OF FINANCIAL ASSISTANCE.
(1) THIS SUBSECTION DOES NOT APPLY TO A SUSPENSION OR
TERMINATION OF FINANCIAL ASSISTANCE OR A DENIAL OF AN APPLICATION FOR
REFUNDING BECAUSE OF A LACK OF AVAILABLE FUNDS.
(2) THE CORPORATION SHALL PRESCRIBE PROCEDURES IN
ACCORDANCE WITH THIS SUBSECTION TO GOVERN:
(I) THE SUSPENSION OR TERMINATION OF FINANCIAL
ASSISTANCE; AND
(II) THE DENIAL OF AN APPLICATION FOR REFUNDING.
(3) THE PROCEDURES SHALL ENSURE THAT FINANCIAL ASSISTANCE
COMMITTED MAY NOT BE SUSPENDED OR TERMINATED AND AN APPLICATION FOR
REFUNDING MAY NOT BE DENIED UNLESS THE GRANTEE HAS BEEN GIVEN:
(I) REASONABLE NOTICE; AND
(II) AN OPPORTUNITY FOR A TIMELY, FULL, AND FAIR HEARING
CONDUCTED BY AN INDEPENDENT HEARING EXAMINER
REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 10, § 45G(d) and (g)(4).
In subsection (a)(2) of this section, the reference to "legal assistance" is
substituted for the former reference to "those services" for consistency with
subsection (a)(1) of this section.
In subsection (b) of this section, the former reference to a grantee "of
financial assistance" is deleted as included in the definition of "grantee".
In subsection (c) of this section, the former reference to "the hearing
[being] held prior to any final decision by the Corporation to terminate
financial assistance or suspend or deny funding" is deleted as unnecessary
because it is implicit in the requirement in subsection (c)(3)(ii) of this
section that the procedures of the Corporation shall ensure that financial
assistance may not be suspended or terminated and an application for
refunding may not be denied unless the grantee has been given an
opportunity for a timely, full, and fair hearing.
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- 573 -
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