1930

LAWS OF MARYLAND

Ch. 688

(B) (C) THE SECRETARY SHALL BY REGULATION PROVIDE
FOR THE CONDUCT OF THE HEARINGS. THE WRITTEN RESULTS OF ANY
INVESTIGATION MAY BE ADMITTED INTO EVIDENCE AT THE HEARING
IF:

(1)    A COPY OF THE WRITTEN INVESTIGATION WAS
SENT TO THE APPLICANT AT LEAST 10 WORKING DAYS PRIOR TO THE
HEARING;

(2)    THE AUTHOR OF THE REPORT IS AVAILABLE AT
THE HEARING FOR CROSS-EXAMINATION BY ANY PARTY; AND

(3)    A COPY OF THE WRITTEN INVESTIGATIVE REPORTS
WAS AVAILABLE IN THE FILE FOR PUBLIC INSPECTION AT LEAST 10
DAYS PRIOR TO THE DATE THE HEARING IS CONVENED.

63 65.

AFTER THE HEARING AND INVESTIGATION, AND AFTER TAKING
INTO CONSIDERATION ALL TESTIMONY AND EVIDENCE, THE SECRETARY
SHALL ISSUE AN INITIAL PERMIT AND A LICENSE TO THE APPLICANT
UPON FINDINGS OF FACT THAT:

(1)    THE FACILITY HOME AS PROPOSED WOULD BE IN
COMPLIANCE, AS FAR AS CAN BE DETERMINED AT THE TIME OF THE
HEARING, WITH THE SECRETARY'S REGULATIONS;

(2)    THERE IS A NEED FOR THE TYPE OF FACILITY
HOME PROPOSED;

(3)    A PUBLIC GROUP HOME OF A SIMILAR NATURE IS
NOT PRESENTLY AVAILABLE TO MEET THE NEED;

(4)    THE FACILITY HOME IS COMPATIBLE WITH THE
NATURE AND CHARACTER OF THE AREA INVOLVED; AND

(5)    THE FACILITY HOME WOULD BE NO CLOSER THAN
1,000 FEET TO ANY OTHER SUCH FACILITY HOME OR TO ANY
EXISTING JAIL, DETENTION CENTER, CORRECTIONAL CAMP, OR TO
ANY OTHER GROUP HOME FOR SPECIAL POPULATION SUCH AS
PAROLEES, THE MENTALLY RETARDED, JUVENILES, ALCOHOL OR DRUG
ADDICTS.;

(6)    THE HOME IS IN CLOSE PROXIMITY TO

TRANSPORTATION FACILITIES; AND

(7) THERE HAS BEEN COMPLIANCE WITH THIS
SUBTITLE.

-44- 66.

(A) (1) EVERY PRIVATE GROUP HOME OR LARGE PRIVATE
GROUP HOME ESTABLISHED PRIOR TO THE EFFECTIVE DATE OF THIS
SUBTITLE SHALL APPLY FOR A LICENSE WITHIN 1 YEAR OF THAT
DATE. THE PROCEDURES APPLICABLE TO AN APPLICATION FOR AN
PURSUANT TO SECTIONS 64 AND 65 OF THIS SUBTITLE INITIAL