Ch. 247                                          LAWS OF MARYLAND

[(2) The Secretary may delegate to a health officer
the power to revoke or suspend licenses.]

(C)  (1) [Before] EXCEPT AS OTHERWISE PROVIDED IN THE
ADMINISTRATIVE PROCEDURE ACT SUBSECTION (D) OF THIS SECTION,
BEFORE any action is taken under this section, the Secretary [or
health officer] shall give the individual against whom the action
is contemplated an opportunity for a public hearing before the
Secretary [or the health officer, as the case may be].

(2)  The hearing notice to be given to the individual
shall be sent at least 10 days before the hearing.

(3)  The individual may be represented at the hearing
by counsel.

[(d) (1) If, before the hearing on a revocation or a
suspension, the health officer considers that the continued
operation of the group day care center threatens seriously the
health, welfare, or security of a child in the group day care
center or the health or welfare of the community, the Secretary
or the health officer may petition a court of equity in the
county where the group day care center is located to enjoin
operation of the group day care center pending the hearing.

(2) If the court finds that the continued operation
of the group day care center may injure seriously the health,
welfare, or security of a child in the group day care center or
the health or welfare of the community, the court may enjoin
operation of the group day care center until the hearing is held
and a decision is reached on the proposed revocation or
suspension of the license.]

(D) (1) (I) THE SECRETARY MAY SUSPEND THE LICENSE TO
OPERATE A CHILD CARE CENTER ON AN EMERGENCY. BASIS WHEN THE
SECRETARY DETERMINES THAT THIS ACTION IS REQUIRED TO PROTECT THE
HEALTH, SAFETY, OR WELFARE OF A CHILD IN THE CHILD CARE CENTER.

(II) WHEN THE SECRETARY SUSPENDS A LICENSE ON
AN EMERGENCY BASIS, THE SECRETARY SHALL DELIVER WRITTEN NOTICE OF
THE SUSPENSION TO THE LICENSEE STATING THE REGULATORY BASIS FOR
THE SUSPENSION.

(2) (I) UPON DELIVERY OF THE EMERGENCY SUSPENSION
NOTICE, THE LICENSEE SHALL CEASE OPERATION OF THE CHILD CARE
CENTER WITHIN 72 HOURS.

(II) THE EMERGENCY SUSPENSION SHALL BE STAYED
IF THE LICENSEE REQUESTS IN WRITING, AND WITHIN 72 HOURS OF
DELIVERY OF THE NOTICE, A HEARING BEFORE THE SECRETARY.

(3) (I) IF A HEARING IS REQUESTED BY THE LICENSEE,
THE SECRETARY SHALL HOLD A HEARING WITHIN 7 CALENDAR DAYS OF THE

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