HARRY HUGHES, Governor

727

(II) DOES NOT MEET THE CURRENT
REQUIREMENTS FOR A NEW LICENSE.

(2) THE SECRETARY MAY DELEGATE TO A HEALTH
OFFICER THE POWER TO REVOKE OR SUSPEND LICENSES.

(C)  RIGHT TO HEARING.

(1)  BEFORE ANY ACTION IS TAKEN UNDER THIS
SECTION, THE SECRETARY OR HEALTH OFFICER SHALL GIVE THE
INDIVIDUAL AGAINST WHOM THE ACTION IS CONTEMPLATED AN
OPPORTUNITY FOR A PUBLIC HEARING BEFORE THE SECRETARY OR THE
HEALTH OFFICER, AS THE CASE MAY BE.

(2)  THE HEARING NOTICE TO BE GIVEN TO THE
INDIVIDUAL SHALL BE SENT AT LEAST 10 DAYS BEFORE THE
HEARING.

(3)  THE INDIVIDUAL MAY BE REPRESENTED AT THE
HEARING BY COUNSEL.

(D)   INJUNCTION.

(1)   IF, BEFORE THE HEARING ON A REVOCATION OR A
SUSPENSION, THE HEALTH OFFICER CONSIDERS THAT THE CONTINUED
OPERATION OF THE GROUP DAY CARE CENTER THREATENS SERIOUSLY
THE HEALTH, WELFARE, OR SECURITY OF A CHILD IN THE GROUP DAY
CARE CENTER OR THE HEALTH OR WELFARE OF THE COMMUNITY, THE
SECRETARY OR THE HEALTH OFFICER MAY PETITION A COURT OF
EQUITY IN THE COUNTY WHERE THE GROUP DAY CARE CENTER IS
LOCATED TO ENJOIN OPERATION OF THE GROUP DAY CARE CENTER
PENDING THE HEARING.

(2)   IF THE COURT FINDS THAT THE CONTINUED
OPERATION OF THE GROUP DAY CARE CENTER MAY INJURE SERIOUSLY
THE HEALTH, WELFARE, OR SECURITY OF A CHILD IN THE GROUP DAY
CARE CENTER OR THE HEALTH OR WELFARE OF THE COMMUNITY, THE
COURT MAY ENJOIN OPERATION OF THE GROUP DAY CARE CENTER
UNTIL THE HEARING IS HELD AND A DECISION IS REACHED ON THE
PROPOSED REVOCATION OR SUSPENSION OF THE LICENSE.

REVISOR'S NOTE: Subsection (a) of this section is new
language added to state expressly that the health
officer may deny a license to an applicant or
approval for a change. It is based on the first
sentence of former Article 43, § 711, which
required issuance of a license to an applicant
who meets the requirements, and former Article
43, § 714, which required approval for a change.
This addition makes these actions subject to the
hearing requirements of this section, in
accordance with Department practice.

Subsections (b) through (d) of this section are