5308

COUNTY LOCAL LAWS

(A)   IN CASES WHERE NO AGENCY OF THE STATE OF COUNTY
HAS BEEN GRANTED THE STATUTORY AUTHORITY FOR LICENSING
AND REGULATING THE SPECIFIC PROGRAM OF GROUP RESIDENTIAL
CARE PROPOSED FOR OR BEING CONDUCTED AT A GROUP
RESIDENTIAL FACILITY, FOR THE PURPOSE OF ISSUING INITIAL
LICENSES OR REVIEWING EXISTING LICENSEES FOR POSSIBLE
SUSPENSION OR REVOCATION, THE DIRECTOR SHALL CONVENE AN
EVALUATION BOARD COMPOSED OF, IN ADDITION TO THE DIRECTOR
OR HIS DESIGNEE, THE DIRECTOR OF COUNTY FIRE-RESCUE
SERVICES, THE COUNTY HEALTH OFFICER, AND THE DIRECTOR OF
THE OFFICE OF HUMAN RESOURCES OR THEIR RESPECTIVE
DESIGNEES. IN ADDITION, THE DIRECTOR SHALL REQUEST THE
PARTICIPATION OF THE COUNTY SUPERINTENDENT OF SCHOOLS AND
THE DIRECTOR OF THE DEPARTMENT OF SOCIAL SERVICES OF
THEIR RESPECTIVE DESIGNEES AS FULL VOTING MEMBERS OF THE
BOARD.

(B)    IN EXERCISING ITS POWERS UNDER THIS SECTION,
NOT LESS THAN THREE MEMBERS OF THE BOARD SHALL CONSTITUTE
A QUORUM. THE BOARD SHALL KEEP MINUTES OF ITS
PROCEEDINGS, MEETINGS, AND HEARINGS.

(C)    ALL ACTIONS OR DECISIONS OF THE BOARD WITH
RESPECT TO THE ISSUANCE, SUSPENSION OR REVOCATION OF A
GROUP RESIDENTIAL CARE PROGRAM LICENSE SHALL BE TAKEN BY
RESOLUTION, IN WHICH AT LEAST A MAJORITY OF THOSE
PARTICIPATING IN THE ACTION OR DECISION MUST CONCUR,
EXCEPT THAT IF THE CONCURRENCE OF AT LEAST A MAJORITY
SHALL FAIL TO BE ACHIEVED FOR ANY REASON, THEN THE
APPLICATION SHALL BE HELD TO BE DENIED, AND RESOLUTIONS
TO SUSPEND OR REVOKE LICENSES SHALL FAIL TO CARRY.

(D)     FOR ASSISTANCE IN REACHING ITS DECISIONS
RELATIVE TO APPLICATIONS FOR GROUP RESIDENTIAL CARE
PROGRAM LICENSES, THE BOARD MAY REQUEST TECHNICAL
SERVICE, ADVICE, DATA OR FACTUAL EVIDENCE FROM AGENCIES
OF THE COUNTY GOVERNMENT.

(E)    JUDICIAL APPEAL. ANY DECISION BY THE BOARD TO
DENY AN APPLICATION FOR A GROUP CARE RESIDENTIAL PROGRAM
LICENSE OR TO SUSPEND OR REVOKE SUCH LICENSES MAY BE
APPEALED TO ANY COURT OF COMPETENT JURISDICTION IN
ACCORDANCE WITH THE MARYLAND RULES OF PROCEDURE, CHAPTER
1100 SUBTITLE B.

23A-13. AUTHORITY.

(A) THE BOARD SHALL HAVE THE AUTHORITY TO APPROVE
OR DISAPPROVE APPLICATIONS FOR GROUP RESIDENTIAL CARE
PROGRAM LICENSES UPON HAVING CONDUCTED AN INQUIRY INTO
THE NATURE, PURPOSES, AND OBJECTIVES OF THE PROPOSED
PROGRAM; THE BACKGROUND AND EXPERIENCE OF THE
ORGANIZATION AND/OR INDIVIDUALS SPONSORING SUCH PROGRAM;
AND THE EXPERIENCE AND QUALIFICATIONS OF THE PERSONNEL TO