HARRY HUGHES, Governor

1931

PERMIT DO NOT APPLY TO THE APPLICATION FOR LICENSURE OF
THESE FACILITIES HOMES. THE SECRETARY SHALL ISSUE A LICENSE
TO THE APPLICANT IF THE FACILITY HOME MEETS THE STANDARDS
SET OUT IN THE SECRETARY'S REGULATION.

(2) A HOME ESTABLISHED PRIOR TO JULY 1, 1979,
SHALL NOT BE DENIED A LICENSE UNDER THIS SUBTITLE BECAUSE:

(I)   THE RESIDENTS HAVE RECEIVED A PRIMARY
DIAGNOSIS OF ALCOHOLISM, DRUG ADDICTION, OR SEVERE BRAIN
DAMAGE;

(II)   THE NUMBER OF RESIDENTS IS NOT IN
CONFORMITY WITH SECTIONS 58(B) AND (C) OF THIS SUBTITLE. IF

THE NUMBER OF RESIDENTS IN A HOME EXCEEDS THE LIMITS

SPECIFIED IN SECTIONS 58(B) AND (C) OF THIS SUBTITLE, THE
HOME SHALL NOT BE PERMITTED TO INCREASE ITS CAPACITY BEYOND
THAT AMOUNT. SHOULD THE NUMBER OF RESIDENTS IN A HOME BE
FEWER THAN THE LIMITS SPECIFIED IN SECTIONS 58(B) AND (C) OF
THIS SUBTITLE, THE HOME SHALL BE PERMITTED TO INCREASE ITS
CAPACITY TO THE MAXIMUM PERMITTED IN THESE SECTIONS.

MAY NOT RECEIVE, ADMIT, OR TREAT ANY RESIDENT:

(1)    WITHOUT APPLYING FOR A PERMIT OR A LICENSE
AS REQUIRED BY THIS SUBTITLE;

(2)    AFTER AN APPLICATION FOR A LICENSE OR
PERMIT HAS BEEN DENIED BY THE SECRETARY; OR

(3)    WHILE A LICENSE HAS BEEN SUSPENDED OR
REVOKED BY THE SECRETARY.

65 67.

(A)    ALL LICENSES ISSUED UNDER THIS SUBTITLE SHALL BE
AUTOMATICALLY REVIEWED BY THE SECRETARY EVERY 2 YEARS. THE
SECRETARY SHALL REISSUE THE LICENSE FOR ANOTHER 2-YEAR
PERIOD WITHOUT A HEARING IF THE FACILITY PRIVATE GROUP HOME
OR LARGE PRIVATE GROUP HOME MEETS THE STANDARD SET OUT IN
THE SECRETARY'S REGULATIONS AND THIS SUBTITLE.

(B)    THE SECRETARY MAY AT ANY TIME REVOKE OR SUSPEND
THE LICENSE OF A PRIVATE GROUP HOME OR LARGE PRIVATE GROUP
HOME UPON A FINDING THAT THE FACILITY HOME IS NO LONGER IN
COMPLIANCE WITH THE REGULATIONS SECRETARY'S REGULATIONS AND
THIS SUBTITLE. THE PROCEDURE FOR ANY SUSPENSION OR
REVOCATION SHALL BE AS PRESCRIBED IN SECTION 250 OF ARTICLE
41.

(C)    THE SECRETARY'S DECISION GRANTING, DENYING,
REVOKING, OR SUSPENDING AN INITIAL PERMIT OR LICENSE SHALL
BE THE FINAL ADMINISTRATIVE DECISION OF THE DEPARTMENT FOR
THE PURPOSE OF ANY REVIEW. ANY APPEAL--TAKEN SHALL BE

GOVERNED BY THE PROVISIONS OF SECTION 255 OF ARTICLE 41, THE

ADMINISTRATION PROCEDURE ACT.