Ch. 318

1993 LAWS OF MARYLAND

(2) THE HEARING SHALL BE HELD IN THE COUNTY IN WHICH THE
PERSON SUSPECTED OF ABUSE, NEGLECT, SELF NEGLECT, OR EXPLOITATION
RESIDES.

(3) THE NAME OF A PERSON ADJUDICATED AN ABUSER MAY BE
MAINTAINED IN A RECORD OR REPORT WITHOUT AN OPPORTUNITY FOR A
HEARING UNDER THIS SUBSECTION.

(D) THE DEPARTMENT OR A LOCAL DEPARTMENT MAY NOT MAINTAIN THE
NAME OF A PERSON IN A RECORD OR REPORT UNLESS THE PERSON HAS:

(1) BEEN ADJUDICATED AN ABUSER;

(2) UNSUCCESSFULLY APPEALED THE ENTRY OF THE PERSON'S NAME
IN THE RECORD OR REPORT UNDER PROCEDURES ESTABLISHED BY THE
DEPARTMENT; OR

(3) FAILED TO RESPOND WITHIN THE EARLIER OF:

(I) 90 DAYS OF NOTICE BY THE DEPARTMENT OR A LOCAL
DEPARTMENT OF THE DEPARTMENT'S OR A LOCAL DEPARTMENT'S INTENT TO
MAINTAIN THE PERSON'S NAME IN A RECORD OR REPORT; OR

(II) 30 DAYS OF A DECISION OR THE TIME REQUIRED FOR A
DECISION UNDER SUBSECTION (C) OF THIS SECTION.

(E) THE DEPARTMENT OR A LOCAL DEPARTMENT SHALL REMOVE THE NAME
OF A PERSON SUSPECTED OF ABUSE, NEGLECT, SELF NEGLECT, OR EXPLOITATION
FROM A RECORD OR REPORT IF NO ENTRY HAS BEEN MADE FOR THAT PERSON FOR
5 YEARS.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read
as follows:

Article - Family Law

5-706.2.

(D) (2) THE ADMINISTRATIVE LAW JUDGE SHALL ISSUE A PROPOSED DECISION
AND A PROPOSED ORDER.

(3) THE PROPOSED ORDER MAY DIRECT THE DEPARTMENT TO AMEND,
MODIFY, OR EXPUNGE THE FINDING, AS APPROPRIATE.

(4) THE PROPOSED ORDER SHALL BECOME FINAL UNLESS THE SECRETARY
OF THE DEPARTMENT DECIDES TO REVIEW THE PROPOSED DECISION OR EXCEPTIONS
ARE FILED IN ACCORDANCE WITH DEPARTMENT REGULATIONS.

SECTION 2. 3. AND BE IT FURTHER ENACTED, That Section I of this Act
shall take effect October 1, 1993.

SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall
take effect if the U. S. Department of Health and Human Services determines that §
5-706.2(d)(2) of the Family Law Article as enacted by Section I of this Act violates the single

- 1862 -