BLAIR LEE III, Acting Governor                           2349

SHALL COOPERATE WITH AND ASSIST THE COUNTY OR COUNTIES IN
THE SELECTION OF A SITE OR SITES WHICH WILL BE CONSISTENT
WITH RULES AND REGULATIONS ADOPTED PURSUANT TO SECTION 100 3
OF THIS SUBTITLE. BEFORE SELECTING A SITE, THE COUNTY
GOVERNING BODY SHALL HOLD AT LEAST ONE PUBLIC HEARING IN THE
COUNTY IN WHICH ONE OR MORE SITES ARE PROPOSED IN ORDER TO
ASSURE THAT THE GROUP HOME WILL BE ACCEPTED IN THE COMMUNITY
FOR WHICH IT IS PROPOSED.

(E) THE STATE MAY ACQUIRE BY LEASE, PURCHASE, OR
OTHERWISE, INCLUDING CONDEMNATION, FACILITIES AND SITES FOR
GROUP HOMES FOR NONRETARDED DEVELOPMENTALLY DISABLED PERSONS
LOCATED IN THE COUNTY. THE STATE MAY ALSO CONSTRUCT AND
RENOVATE FACILITIES OR SITES ACQUIRED BY THE STATE.
HOWEVER, THE STATE MAY NOT EXERCISE THE AUTHORITY GRANTED IN
THIS SECTION UNLESS THE DIRECTOR SECRETARY HAS DETERMINED
THAT:

(1)    THERE IS A NEED IN THE COUNTY FOR THE GROUP
HOME;

(2)    THE PROPOSED SITE AND GROUP HOME ARE
APPROPRIATE;

(3)    THE GROUP HOME IS, OR UPON COMPLETION WILL
BE, IN COMPLIANCE WITH RULES AND REGULATIONS ADOPTED
PURSUANT TO SECTION 1003 OF THIS SUBTITLE;

(4)    THE GROUP HOME AND SITE ARE APPROVED BY THE
BOARD OF PUBLIC WORKS; AND

(5)    THE LOCAL GOVERNMENT HAVING     JURISDICTION
OVER THE SITE AND THE COMMUNITY SURROUNDING   THE SITE HAVE
BEEN NOTIFIED BY THE DIRECTOR SECRETARY OF THE   INTENTION OF
THE STATE TO EXERCISE THE AUTHORITY GRANTED IN   THIS SECTION.

(C)    IF, WITHIN NINE MONTHS AFTER THE DIRECTOR
SECRETARY CERTIFIES A NEED FOR A GROUP HOME FOR NONRETARDED
DEVELOPMENTALLY DISABLED PERSONS, THE COUNTY OR COUNTIES IN
A REGION FAIL TO SUBMIT TO THE DIRECTOR A PROPOSED SITE AND
PLANS FOR SUCH A GROUP HOME ON IT CONSISTENT WITH THE RULES
AND REGULATIONS ADOPTED PURSUANT TO SECTION 1003 OF THIS
SUBTITLE, THE COUNTY OR COUNTIES SHALL BE DECLARED TO BE IN
DEFAULT. THE DIRECTOR SECRETARY, FOR GOOD CAUSE SHOWN, MAY
EXTEND THE NINE-MONTH PERIOD FOR NOT MORE THAN AN ADDITIONAL
SIX MONTHS.

(D)    UPON A DETERMINATION OF A COUNTY'S DEFAULT, THE
DIRECTOR SECRETARY, WITHIN SIX MONTHS AND AFTER HOLDING A
PUBLIC HEARING IN THE COUNTY, SHALL RECOMMEND A SITE FOR THE
GROUP HOME FOR APPROVAL BY THE BOARD OF PUBLIC WORKS. UPON
APPROVAL OF A SITE BY THE BOARD, THE STATE MAY EXERCISE THE
AUTHORITY GRANTED IN SUBSECTION (B) OF THIS SECTION.

1005.

THE DIRECTOR SECRETARY SHALL MAY CONTRACT WITH A
NONPUBLIC PERSON, GROUP, OR AGENCY ON TERMS AND CONDITIONS