2850

LAWS OF MARYLAND

Ch. 987

(c) The director shall consult with the governing
body of the county or counties comprising a region, consumer
groups, local and State boards of education, and other
public or private agencies in preparing an evaluation of
need.

[40.] 19C.

The Secretary of Health and Mental Hygiene shall, in
compliance with the Administrative Procedure Act, adopt
appropriate rules and regulations for the establishment and,

operation, CERTIFICATION AND LICENSURE of PUBLIC group

homes. THESE RULES AND REGULATIONS SHALL INCLUDE AND
CONFORM WITH THE FACTORS TO BE CONSIDERED UNDER § 19B.

[41. ] 19D.

(a)    If the director determines and certifies that
there is a present need for one or more PUBLIC group homes
in a county or multicounty region, the county or counties in
the region, in consultation with local consumer groups,
shall pursue promptly appropriate procedures to select a
suitable site or sites for PUBLIC group homes. The director
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 § [40] 19B 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.

(b)    The State may acquire by lease, purchase, or
otherwise, including condemnation, facilities and sites for
PUBLIC group homes located in the county. They 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, with the
approval of the Secretary, has determined that:

(1)    There is a need in the county for the
PUBLIC group home;

(2)    The proposed site and PUBLIC group home are
appropriate FOR THE PURPOSE;

(3)    The PUBLIC group home is, or upon
completion will be, in compliance with rules and regulations
adopted pursuant to § [40] 19C of this subtitle;

(4)    The PUBLIC 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 of the intention of the State
to exercise the authority granted in this section.

(c)    If, within [nine] SIX months after the director