956

LAWS OF MARYLAND

Ch. 21

THE APPOINTMENT OF THE RECEIVER WITHIN 5 DAYS AFTER SERVICE
OF PROCESS.

REVISOR'S NOTE: This section is new language   derived

without substantive change from former     Article

43, § 560B(a)(4), (d), and (b)(2), (3),   and the
second and third sentences of (1).

As to subsections (a)(2)(ii)l. and (b)(2)(ii)l.
of this section and the word "verified", see §
1-201 of this article.

In subsections (a)(3) and (b)(1) of this section,
the former references to "testimony" are deleted
as unnecessary in light of the broad references
to "evidence".

In subsection (b)(1) of this section, the former
reference "without further hearing" is deleted as
inconsistent with subsection (b)(3) of this
section, which is derived from former Article 43,
§ 560B(d)(4). Subsection (b)(3) of this section
is revised to clarify that this hearing is on the
ex parte appointment of a receiver.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that subsection (a) of this section does not
expressly allow for postponement of the hearing.
Cf., subsection (b)(3) of this section.

Defined terms: "Person" §§ 1-101 & 19-301
"Nursing home" § 19-333 "Secretary" § 1-101

19-336. APPOINTMENT OF RECEIVER; CONTINUATION OF
RECEIVERSHIP.

(A) IN GENERAL.

AFTER THE HEARING UNDER § 19-335 OF THIS SUBTITLE, THE
COURT MAY APPOINT A RECEIVER FOR THE NURSING HOME OR
CONTINUE THE APPOINTMENT OF THE RECEIVER MADE EX PARTE, IF
THE COURT FINDS:

(1)  A PERSON IS OPERATING THE NURSING HOME
WITHOUT A LICENSE FOR IT;

(2)  THE NURSING HOME WILL BE CLOSED WITHIN 30
DAYS AND ARRANGEMENTS TO RELOCATE ITS RESIDENTS HAVE NOT
BEEN APPROVED BY THE SECRETARY;

(3)  THE NURSING HOME OR ITS RESIDENTS HAVE BEEN
ABANDONED; OR

(4) A SITUATION, PHYSICAL CONDITION, PRACTICE,