HARRY HUGHES, Governor                                     3163

(K) THE PURPOSE OF THE HEARING IS TO CONSIDER AND RENDER A
DECISION ON THE FOLLOWING MATTERS:

(1)  THE EXISTENCE OF A HAZARDOUS CONDITION;

(2)  IF A HAZARDOUS CONDITION EXISTS, THE AMOUNT OF
MONEY TO BE PLACED INTO THE ESCROW ACCOUNT; AND

(3)  THE LENGTH OF TIME IN WHICH THE HAZARDOUS
CONDITION MUST BE CORRECTED.

(L) THE BURDENS OF PROOF ARE AS FOLLOWS:

(1)  THE RELATED INSTITUTION HAS THE BURDEN OF PROOF
WITH RESPECT TO ESTABLISHING THE LACK OF THE CITED DEFICIENCY OR
DEFICIENCIES; AND

(2)  THE SECRETARY HAS THE BURDEN OF PROOF WITH
RESPECT TO THE ESTABLISHMENT OF A DEFICIENCY OR DEFICIENCIES AS
CONSTITUTING A HAZARDOUS CONDITION.

(M) A DECISION SHALL BE RENDERED BY THE HEARINGS OFFICE
WITHIN 7 DAYS OF THE HEARING. THE DECISION SHALL BE THE FINAL
AGENCY DECISION OF THE DEPARTMENT, SUBJECT TO APPEAL PURSUANT TO
§ 19-367 OF THIS PART.

19-365.

(A)  ESCROWED FUNDS MAY BE RELEASED BY THE ESCROW AGENT:

(1)  IF THE RELATED INSTITUTION CAN PRESENT SPECIFIC
BILLS (VOUCHERS) FOR CORRECTING THE HAZARDOUS CONDITION WHICH
HAVE BEEN CERTIFIED BY THE SECRETARY AS APPROPRIATE; AND

(2)  IN THE ABSENCE OF BILLS OR VOUCHERS, THE RELATED
INSTITUTION HAS  RECEIVED WRITTEN APPROVAL FROM THE SECRETARY THAT
THE EXPENDITURE IS APPROPRIATE FOR CORRECTING THE HAZARDOUS
CONDITION.

(B)  THE ESCROW IS TERMINATED AND THE BALANCE, IF ANY, IN
THE ACCOUNT IS RETURNED TO THE RELATED INSTITUTION WHEN:

(1)  THE SECRETARY CERTIFIES THAT THE HAZARDOUS
CONDITION IS CORRECTED;

(2)  AFTER THE TIME PERIOD SET BY THE SECRETARY, THE
SECRETARY CERTIFIES THAT ADEQUATE PROGRESS HAS BEEN MADE TOWARD
CORRECTING THE HAZARDOUS CONDITION; OR

(3)  THE RELATED INSTITUTION CHANGES OWNERSHIP.

19-366.

(A) IF THE RELATED INSTITUTION FAILS TO ESTABLISH THE
ESCROW ACCOUNT AS ORDERED, THE SECRETARY MAY PETITION THE