1. A. Within 10 working days of receipt of notification that the Secretary proposes to deny approval or initiate disciplinary action, the chairman of the governing body may file a written request for a hearing with the Office of Administrative Hearings, with copies to the:

   1. (1) Administration;
   2. (2) CSA director; and
   3. (3) Director of the Department's designated licensure unit.
2. B. If the chairman of the governing body does not file a request for hearing that is post-marked within 10 working days of receipt of the notification, the group home waives the right to request a hearing, and the Secretary may effect the proposed action.

3. C. If a timely request for hearing has been received, the Office of Administrative Hearings shall:

   1. (1) Notify the director and the chairman of the governing body of the date, time, and location of the hearing; and
   2. (2) Hold a hearing and render a proposed decision to the Secretary in accordance with COMAR 28.02.01.

4. D. After giving parties the opportunity to file exceptions under the provisions of State Government Article, §10-216, Annotated Code of Maryland, the Secretary shall issue a final decision according to State Government Article, §10-221, Annotated Code of Maryland, and send notice of the decision to the:

   1. (1) Director; and
   2. (2) Chairman of the governing body.
5. E. Further Appeal. A group home may appeal any final decision by the Secretary by following the provisions of Health-General Article, §10-524, and State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Authority: Health-General Article, §§10-514 — 10-524 and 10-604, Annotated Code of Maryland

Effective date: July 25, 1980 (7:15 Md. R. 1424)

Recodified from COMAR 10.21.05 to 10.21.04

Chapter revised effective October 14, 1991 (18:20 Md. R. 2199)

Chapter, Group Homes for the Mentally Disabled, repealed and new Chapter, Community Mental Health Programs — Group Homes for Adults with Mental Illness, adopted effective October 5, 1998 (25:20 Md. R. 1529)