10.21.04.12

.12 Procedures for Hearings.

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) Administration;

(2) CSA director; and

(3) Director of the Department's designated licensure unit.

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.

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

(1) Notify the director and the chairman of the governing body of the date, time, and location of the hearing; and

(2) Hold a hearing and render a proposed decision to the Secretary in accordance with COMAR 28.02.01.

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) Director; and

(2) Chairman of the governing body.

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.