HARRY HUGHES, Governor                                    573

BEFORE THE LICENSE EXPIRES, THE LICENSEE PERIODICALLY
MAY RENEW IT FOR AN ADDITIONAL 2-YEAR TERM, WITHOUT A PUBLIC
HEARING, IF THE LICENSEE OTHERWISE IS ENTITLED TO BE
LICENSED.

(C) EXISTING HOMES.

THE SECRETARY MAY NOT REFUSE TO RENEW THE LICENSE OF A
PRIVATE GROUP HOME THAT EXISTED ON JULY 1, 1979 BECAUSE THAT
HOME HAS:

(1)  RESIDENTS WHO HAD A PRIMARY DIAGNOSIS OF
ALCOHOLISM, DRUG ADDICTION, OR SEVERE BRAIN DAMAGE; OR

(2)  MORE RESIDENTS THAN ALLOWED FOR A LARGE
PRIVATE GROUP HOME OR SMALL PRIVATE GROUP HOME, IF THE HOME
DOES NOT ACCEPT NEW RESIDENTS.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59, § 67(a) and § 66(a)(2)(i) and the first and
second sentences of (ii). It is rephrased in
standard language for renewal of licenses.

The third sentence of former Article 59, §
66(a)(2)(ii), which enabled existing homes to
increase residency, is deleted as unnecessary.

Defined terms:

"Large private group home" § 10-514
"License" § 10-514 "Secretary" § 1-101
"Small private group home" § 10-514

10-523. DENIALS, SUSPENSIONS, AND REVOCATIONS -- GROUNDS;
HEARINGS.

(A)  GROUNDS.

THE SECRETARY SHALL DENY A LICENSE TO ANY APPLICANT OR
SUSPEND OR REVOKE A LICENSE IF THE APPLICANT OR LICENSEE
FAILS TO MEET THE REQUIREMENTS OF THIS SUBTITLE.

(B)  HEARINGS.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE SECRETARY TAKES ANY ACTION UNDER
THIS SECTION, THE SECRETARY SHALL GIVE THE APPLICANT OR
LICENSEE NOTICE AND AN OPPORTUNITY FOR A HEARING.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59, § 67(b).

In subsection (a) of this section, the reference
to "deny a license" is added to state expressly