HARRY HUGHES, Governor

955

(I)  AT LEAST 5 DAYS BEFORE THE HEARING; OR

(II)  AT LEAST 3 DAYS BEFORE THE HEARING,
BY A NOTICE POSTED CONSPICUOUSLY INSIDE OR ON THE FRONT DOOR
OF THE NURSING HOME, IF THE SECRETARY FILES A STATEMENT
THAT:

1.  IS SIGNED AND VERIFIED BY THE
SECRETARY;

2.  STATES THAT THE OWNER CANNOT BE
FOUND; AND

3. SETS FORTH A SUBSTANTIAL ACCOUNT
OF REASONABLE, GOOD FAITH EFFORTS TO FIND THE OWNER AND
SERVE PROCESS.

(3) THE OWNER OF THE NURSING HOME IS ENTITLED TO

OFFER EVIDENCE AT THE HEARING.

(B) EX PARTE ORDER.

(1)  A COURT MAY APPOINT A RECEIVER FOR A NURSING
HOME IF, FROM THE PETITION, AFFIDAVITS, AND ANY EVIDENCE
OFFERED EX PARTE, THE COURT FINDS PROBABLE CAUSE TO BELIEVE
THAT A SITUATION, PHYSICAL CONDITION, PRACTICE, OR METHOD OF
OPERATION PRESENTS AN IMMINENT DANGER OF DEATH OR SERIOUS
MENTAL OR PHYSICAL HARM TO THE RESIDENTS OF THE NURSING HOME
AND MUST BE REMEDIED IMMEDIATELY TO INSURE THEIR HEALTH,
SAFETY, AND WELFARE.

(2)  THE OWNER OR PERSON THEN IN CHARGE OF THE
NURSING HOME SHALL BE GIVEN NOTICE OF THE APPOINTMENT OF A
RECEIVER:

(I)  BY SERVICE OF THE NOTICE, WITHIN 24
HOURS AFTER THE APPOINTMENT; OR

(II)  BY POSTING THE NOTICE CONSPICUOUSLY
INSIDE OR ON THE FRONT DOOR OF THE NURSING HOME, IF THE
SECRETARY FILES A STATEMENT THAT:

1.  IS SIGNED AND VERIFIED BY THE
SECRETARY;

2.  STATES THAT THE OWNER AND THE
PERSON IN CHARGE OF THE NURSING HOME CANNOT BE FOUND; AND

3.  SETS FORTH A SUBSTANTIAL ACCOUNT
OF REASONABLE, GOOD FAITH EFFORTS TO FIND THE OWNER AND THE
PERSON IN CHARGE AND SERVE PROCESS.

(3) UNLESS THE OWNER OF THE NURSING HOME
CONSENTS TO A LATER DATE, THE COURT SHALL HOLD A HEARING ON