WILLIAM DONALD SCHAEFER, Governor

(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 7 2 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
REQUEST FOR A HEARING. THE HEARING SHALL BE HELD IN ACCORDANCE
WITH THE ADMINISTRATIVE PROCEDURE ACT.

(II) WITHIN 7 CALENDAR DAYS OF THE HEARING A
DECISION CONCERNING THE EMERGENCY SUSPENSION SHALL BE MADE BY THE
SECRETARY.

(4)  IF THE EMERGENCY SUSPENSION ORDER IS UPHELD BY
THE SECRETARY, THE LICENSEE SHALL CEASE OPERATIONS UNTIL IT IS
DETERMINED THAT THE HEALTH, SAFETY, OR WELFARE OF A CHILD IN THE
CHILD CARE CENTER IS NO LONGER THREATENED.

(5)  ANY PERSON AGGRIEVED BY A DECISION OF THE
SECRETARY TO UPHOLD AN EMERGENCY SUSPENSION MAY APPEAL THAT
DECISION DIRECTLY TO THE CIRCUIT COURT OF THE APPROPRIATE
JURISDICTION.

[14-112.] 5-581.

Any person aggrieved by a final decision of the Secretary
[or a health officer] in a contested case, as defined in the
Administrative Procedure Act, may[:

(1) Appeal that decision to the Board of Review of
the Department; and

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