334

LAWS OF MARYLAND

Ch. 21

first has certified a need for the home. See
also § 7-319(a)(l) of this subtitle.

In subsection (a) of this section, the former
reference "in compliance with the Administrative
Procedure Act" is deleted as unnecessary, since
that Act would apply in any event.

Also in subsection (a) of this section, the
former reference to "certification" is deleted as
unnecessary in light of the broad reference to
licensing a public group home.

In subsection (b)(1) of this section, the
reference to the "community" is substituted for
the ambiguous phrase "their county of origin".
This substitution is based on the
Administration's interpretation of that former
phrase.

In subsection (c)(1) of this section, the former
reference to a "zone classified only for
single-family dwellings" is deleted as
unnecessary in light of subsection (c)(2)(ii) of
this section.

In the introductory clause to subsection (c)(2)
of this section, the former reference to "the
Mental Retardation Law" is deleted as
unnecessary.

The introductory clause of former Article 59A, §
19B(b)(5), which provided that a public group
home is exempt from any local zoning rule or
regulation, is deleted as misleading in light of
subsection (c)(2)(iii) of this section.
Together, these provisions are interpreted to
mean the public group home is exempt only to the
extent that a local zoning rule attempts to
impose special conditions on a public group home
that is not generally applicable to a
single-family dwelling.

Defined terms: "Group home" § 7-101
"Secretary" § 1-101 "State facility" § 7-101

7-319. DETERMINATION OF NEED.

(A) STUDY REQUIRED.

THE DIRECTOR SHALL:

(1) IN ACCORDANCE WITH THE RULES AND REGULATIONS
DESCRIBED IN § 7-318(B) OF THIS SUBTITLE, DETERMINE THE
NEED, IF ANY, FOR ONE OR MORE PUBLIC GROUP HOMES IN EACH
COUNTY OR MULTICOUNTY REGION OF THIS STATE; AND