3164                                             LAWS OF MARYLAND                                        Ch. 639

APPROPRIATE CIRCUIT COURT TO REQUIRE COMPLIANCE WITH THE SANCTION
ORDER.

(B)   IF THE HAZARDOUS CONDITION IS NOT CORRECTED OR PROGRESS
ACCEPTABLE TO THE SECRETARY IS NOT MADE WITHIN THE TIME FRAME SET
BY THE SANCTION ORDER, THE SECRETARY MAY:

(1)  PETITION THE APPROPRIATE CIRCUIT COURT TO REQUIRE
THE RELATED INSTITUTION TO COMPLY WITH THE SANCTION ORDER; OR

(2)  ORDER THE FORFEITURE OF THE ESCROWED FUNDS AND/OR
REMOVE ALL PATIENTS AND INITIATE PROCEDURES TO REVOKE THE RELATED
INSTITUTION'S LICENSURE IN ACCORDANCE WITH § 19-327 OF THIS
ARTICLE.

(C)  UPON PETITION TO THE CIRCUIT COURT UNDER SUBSECTION
(B)(1), AND FOLLOWING NOTIFICATION TO THE SECRETARY BY THE
CIRCUIT COURT THAT THE RELATED INSTITUTION HAS FAILED TO COMPLY
WITH A COURT ORDER, THE SECRETARY MAY IMPOSE FURTHER SANCTIONS IN
ACCORDANCE WITH SUBSECTION (B)(2). THIS SANCTION IS IN ADDITION
TO ALL REMEDIES OTHERWISE AVAILABLE TO THE CIRCUIT COURT FOR
ENFORCEMENT OF A COURT ORDER.

19-367.

(A)  EITHER PARTY AGGRIEVED BY THE DECISION OF THE HEARINGS
OFFICE SHALL HAVE THE RIGHT TO APPEAL THAT DECISION.

(B)  A RELATED INSTITUTION SUBJECT TO A SANCTION SHALL HAVE
THE RIGHT TO APPEAL A DECISION BY THE SECRETARY THAT THE
HAZARDOUS CONDITION HAS NOT BEEN CORRECTED OR THAT INADEQUATE
PROGRESS HAS BEEN MADE TOWARD CORRECTING THE HAZARDOUS CONDITION.

(C)  SUCH APPEAL SHALL BE FILED WITHIN 30 DAYS OF THE ACTION
TO BE APPEALED.

(D)  THE APPEAL SHALL BE TAKEN DIRECTLY TO THE CIRCUIT COURT
OF THE JURISDICTION IN WHICH THE RELATED INSTITUTION IS LOCATED.

(E)  APPEAL TO THE CIRCUIT COURT DOES NOT STAY THE
IMPOSITION OF THE SANCTION.

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

Approved May 29, 1984.