Maryland Department of Human Resources Section 88

Article - Department of Human Resources

§ 88.

      (a)      The Department of Human Resources may implement, in accordance with the provisions of the federal Food Stamp Act, a food stamp program in which the City of Baltimore and all counties of the State shall participate and for which the State shall bear the nonfederal portion of the administrative costs for the respective jurisdictions. The food stamp program shall be administered by the City of Baltimore and all counties of the State under the supervision and control of the Department of Human Resources and in conformity with the rules and regulations of the Department of Human Resources and applicable federal statutes, rules and regulations.

      (b)      If requested by the Department of Human Resources, the City of Baltimore and all counties of the State shall enter into a written agreement with the Department of Human Resources providing for the implementation and administration of the food stamp program in the City of Baltimore and all counties of the State.

      (c)      (1)      In the event that the City of Baltimore or any of the counties of the State fails or refuses to participate in and administer a food stamp program, the Department of Human Resources may administer the program in the City of Baltimore or counties of the State.

            (2)      The Department of Human Resources may file an action in the court of appropriate jurisdiction to compel the City of Baltimore or the county to fulfill its federal requirements under this section.

      (d)      (1)      Except as provided in paragraph (2) of this subsection, if any provision of this subtitle conflicts with any applicable federal statute, rule or regulation, the federal statute, rule or regulation shall prevail.

            (2)      Subject to the limitations of the State budget, the Department of Human Resources shall provide or have provided food stamp benefits, as described in subsections (a) and (b) of this section, to legal immigrant children under the age of 18 years who are not eligible for federally funded food stamp benefits by reason of their immigration status, but who meet all other food stamp program eligibility requirements and any other requirements imposed by the State.

            (3)      The Department of Human Resources shall certify all active cases with legal immigrants through August 31, 1997.



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