10.21.04.09

.09 Denial and Emergency Suspension of Licensure and Disciplinary Action.

A. Denial of License.

(1) If the Secretary proposes to deny a license to an applicant under the provisions of this chapter, the Secretary shall give written notice of the proposed denial to the:

(a) Chairman of the governing body;

(b) Program director;

(c) Administration; and

(d) As applicable, either the CSA director or the health officer.

(2) In the notice under §A(1) of this regulation, the Secretary shall include:

(a) The date on which the Secretary proposes to deny the license;

(b) Location, including street address, to which the proposed denial applies;

(c) The facts that warrant the proposed denial of the license;

(d) Citation of the regulation or regulations upon which the proposed denial is based; and

(e) Notification that, before the deprivation of a license, the group home may request a hearing under the provisions of Regulation .12 of this chapter.

(3) If, after notice and opportunity to be heard, the Secretary denies a license to a group home, the governing body shall assure that, within 10 working days, the program director:

(a) Notifies the residents in the group home of the denial;

(b) When appropriate, notifies the CSA or the Administration of the denial and cooperates with the CSA or the Administration in accessing appropriate alternate housing for individuals in the group home; and

(c) Ceases operations of the group home.

B. Emergency Suspension of License.

(1) Pursuant to State Government Article, §10-226, Annotated Code of Maryland, upon findings of conditions that pose an imminent risk to the health, safety, or welfare of an individual served by a group home, the Secretary may order the immediate suspension of the license of the group home and the cessation of operations.

(2) If the Secretary takes the action under §B(1) of this regulation, the Secretary shall promptly give written notice of the proposed emergency suspension to the:

(a) Chairman of the governing body;

(b) Program director;

(c) Administration; and

(d) As applicable, either the CSA director or the health officer.

(3) In the notice under §B(2) of this regulation, the Secretary shall include:

(a) The effective date of the emergency suspension;

(b) Location, including street address, to which the emergency suspension applies;

(c) The findings under §B(1) of this regulation and the reasons that support the findings;

(d) Notification that:

(i) Following the emergency suspension, the group home may request a hearing under the provisions of Regulation .12 of this chapter; and

(ii) The emergency suspension may lead to revocation of the license if the violation or violations are not corrected within the time period specified by the Department.

(4) If the Secretary suspends the license, the governing body shall assure that the program director immediately takes the action described under §A(3) of this regulation.

C. Disciplinary Action.

(1) The Secretary may propose to take any of the following disciplinary actions against the license to operate a group home:

(a) Revocation;

(b) Suspension;

(c) Probation, with conditions; or

(d) Banning new admissions.

(2) The Secretary may propose to take one of the actions outlined in §C(1) of this regulation if the group home:

(a) Is out of compliance with the requirements of this chapter; or

(b) Obtains or attempts to obtain licensure by fraud, misrepresentation, or the submission of false information to the Secretary.

(3) Within 45 calendar days in advance of the proposed action taken under this regulation, the Secretary shall send written notice of the proposed action to the:

(a) Chairman of the governing body;

(b) Program director;

(c) Administration; and

(d) As applicable, either the CSA director or the health officer.

(4) In the notice under §C(3) of this regulation, the Secretary shall include:

(a) The date on which the Secretary proposes to take action against the license;

(b) Location, including street address, to which the proposed action applies;

(c) The facts that warrant the proposed action;

(d) Citation of the regulation or regulations upon which the proposed action is based; and

(e) Notification that, before the action, the group home has the right to request a hearing under the provisions of Regulation .12 of this chapter.

(5) If, after notice and opportunity to be heard, the Secretary takes disciplinary action, the governing body shall assure that, within 10 working days, the program director takes the action described under §A(3) of this regulation.