1104

LAWS OF MARYLAND

Ch 272

HEARING NOT LATER THAN 10 DAYS AFTER THE DATE THE PETITION
IS FILED. THE OWNER OF THE NURSING HOME MAY PRESENT
TESTIMONY AND EVIDENCE AT THE HEARING.

(2)  NOTICE OF THE HEARING SHALL BE GIVEN TO THE
OWNER OF THE NURSING HOME NOT LESS THAN 5 DAYS PRIOR TO THE
HEARING.

(3)  WHEN THE WHEREABOUTS OF THE OWNER OF THE
NURSING HOME IS UNKNOWN AND THE SECRETARY FILES A STATEMENT
UNDER OATH SETTING FORTH A SUBSTANTIAL ACCOUNT OF THE
EFFORTS MADE TO EFFECT SERVICE OF PROCESS WHICH SATISFIES
THE COURT THAT REASONABLE EFFORTS TO LOCATE THE OWNER HAVE
BEEN MADE IN GOOD FAITH, THE COURT SHALL ORDER SERVICE OF
PROCESS BY POSTING OF NOTICE OF THE PETITION AND PENDING
HEARING IN A CONSPICUOUS PLACE INSIDE OR ON THE FRONT DOOR
OF THE NURSING HOME NOT LESS THAN 3 DAYS PRIOR TO THE
HEARING.

(C)  THE COURT MAY GRANT A PETITION FOR THE APPOINTMENT
OF A RECEIVER FOR A NURSING HOME UPON A FINDING OF ANY OF
THE FOLLOWING:

(1)  A NURSING HOME IS OPERATING WITHOUT A
LICENSE ISSUED PURSUANT TO ARTICLE 43, SECTION 559, OR THE
NURSING HOME'S LICENSE HAS BEEN REVOKED PURSUANT TO ARTICLE
43, SECTION 560.

(2)  THE NURSING HOME INTENDS TO CLOSE AND
ADEQUATE ARRANGEMENTS, APPROVED BY THE SECRETARY, FOR
RELOCATION OF THE RESIDENTS HAVE NOT BEEN MADE AT LEAST 30
DAYS PRIOR TO CLOSING.

(3)  THE SECRETARY DETERMINES THAT AN EMERGENCY
EXISTS.

(4)  ABANDONMENT OF A NURSING HOME OR ITS
RESIDENTS HAS OCCURRED.

(D) (1) IF IT APPEARS FROM THE PETITION FILED AND FROM
AFFIDAVITS, TESTIMONY, OR OTHER EVIDENCE THAT THERE IS
PROBABLE CAUSE TO BELIEVE AN EMERGENCY EXISTS AT A NURSING
HOME WHICH MUST BE REMEDIED IMMEDIATELY TO INSURE THE
HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE NURSING
HOME, THE COURT SHALL IMMEDIATELY ISSUE THE REQUESTED ORDER
FOR APPOINTMENT OF A RECEIVER, EX PARTE AND WITHOUT FURTHER
HEARING.

(2)  NOTICE OF THE PETITION AND ORDER SHALL BE
SERVED ON THE OWNER OR THE PERSON THEN IN CHARGE OF THE
NURSING HOME NOT LATER THAN 24 HOURS AFTER THE ISSUANCE OF
THE ORDER.

(3)  WHEN THE WHEREABOUTS OF THE OWNER OR PERSON
THEN IN CHARGE OF THE NURSING HOME IS UNKNOWN AND THE
SECRETARY FILES A STATEMENT UNDER OATH SETTING FORTH A
SUBSTANTIAL ACCOUNT OF THE EFFORTS MADE TO EFFECT SERVICE OF