HARRY HUGHES, Governor                                         3159

(III) STATE THAT THE RESULT OF THE TEST IS AS
STATED IN THE REPORT.

(b) [If] TEST RESULTS WHICH DO NOT COMPLY WITH THE
REQUIREMENTS OF SUBSECTION (A) OF THIS SECTION ARE ADMISSIBLE AS
SUBSTANTIVE EVIDENCE WITHOUT THE PRESENCE OR TESTIMONY OF THE
TECHNICIAN WHO ADMINISTERED THE TEST. HOWEVER, IF the State
decides to offer the test results without the testimony of the
technician, it shall, at least 15 days before trial, notify the
defendant or his attorney in writing of its intention and deliver
to the defendant or his attorney a copy of the test results to be
offered. If the defendant desires the technician to be present
and testify at trial, he shall notify the court and the State in
writing no later than 5 business days before trial; and if such
timely and proper notice is given, the test results are
inadmissible without the testimony of the technician. Failure to
give timely and proper notice constitutes a waiver of the
defendant's right to the presence and testimony of the
technician.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1984.

Approved May 29, 1984.

CHAPTER 639

(House Bill 659)

AN ACT concerning

Related Institutions - Remedies

FOR the purpose of authorizing a certain intermediate sanction
for failure by a related institution to correct a hazardous
condition; defining certain terms; providing for certain
notice and opportunity to take corrective action prior to
the imposition of a sanction by the Secretary of Health and
Mental Hygiene; providing for certain notice and opportunity
for an administrative hearing following imposition of a
sanction by the Secretary; providing for a direct judicial
appeal from a final sanction order of the Secretary;
authorizing certain further administrative and judicial
remedies should the related institution fail to comply with
a sanction order; and generally relating to the enforcement
of laws and rules and regulations administered by the
Department of Health and Mental Hygiene applicable to
related institutions.

BY adding to