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(II) IS LICENSED BY THE DEPARTMENT OF HEALTH AND MENTAL
HYGIENE, THE DEPARTMENT OF HUMAN RESOURCES, OR THE DEPARTMENT OF
JUVENILE JUSTICE.
(B) (1) THE DEPARTMENT OF EDUCATION, AS THE FISCAL AGENT OF THE
SUBCABINET FUND FOR CHILDREN, YOUTH, AND FAMILIES UNDER ARTICLE 49D OF
THE CODE, SHALL ADMINISTER AND IMPLEMENT A REDESIGNED RATE SETTING
PROCESS FOR NONPUBLIC GENERAL EDUCATION SCHOOLS, RESIDENTIAL CHILD
CARE PROGRAMS, AND NONRESIDENTIAL CHILD CARE PROGRAMS.
(2) THE DEPARTMENT OF HUMAN RESOURCES AND THE
DEVELOPMENTAL DISABILITIES ADMINISTRATION OF. THE DEPARTMENT OF
JUVENILE JUSTICE, THE DEPARTMENT OF BUDGET AND MANAGEMENT, THE OFFICE
FOR CHILDREN, YOUTH, AND FAMILIES, AND THE DEPARTMENT OF HEALTH AND
MENTAL HYGIENE SHALL PARTICIPATE WITH THE DEPARTMENT OF EDUCATION IN
THE DEVELOPMENT AND IMPLEMENTATION OF RATES IN PROGRAMS LICENSED OR
APPROVED BY THOSE AGENCIES TO THE EXTENT REQUIRED BY FEDERAL AND STATE
LAW.
(C) (1) A DECISION AS TO THE AMOUNT OR IMPLEMENTATION OF RATES
ESTABLISHED UNDER THIS SECTION MAY BE APPEALED BY SENDING A WRITTEN
REQUEST FOR APPEAL TO THE STATE SUPERINTENDENT OF SCHOOLS THE
SUBCABINET.
(2) THE REQUEST SHALL SET FORTH THE SPECIFIC OBJECTIONS TO THE
DECISION AS TO THE AMOUNT OR IMPLEMENTATION OF RATES ESTABLISHED
UNDER THIS SECTION.
(3) THE SUPERINTENDENT OR THE SUPERINTENDENT'S DESIGNEE
SUBCABINET OR THE SUBCABINETS DESIGNEES SHALL ISSUE A FINAL, BINDING
OPINION UPHOLDING, REVERSING, OR MODIFYING THE RATES SET BY THE
DEPARTMENT INTERAGENCY RATES COMMITTEE WITHIN 30 DAYS AFTER RECEIPT
OF THE REQUEST FOR APPEAL.
SECTION 2. AND BE IT FURTHER ENACTED, That on or before October 1,
1999, the Department of Education, in consultation with the Department of Budget
and Management, the Department of Health and Mental Hygiene, the Department of
Human Resources, the Department of Juvenile Justice, and the Office of Children,
Youth, and Families, shall implement the Plan for Implementing the Redesigned Rate
Setting Structure developed by the Interagency Rates Committee for the
Implementation of Chapter 609 of the Acts of 1998. The redesigned rate setting
structure shall be used by those agencies on a pilot basis in preparing the State
budget for fiscal year 2001, and shall be implemented fully in fiscal year 2002.
SECTION 3. AND BE IT FURTHER ENACTED, That all positions and funds
appropriated to the Rates Unit within the Office for Children, Youth, and Families
(program 110) shall be transferred to the Maryland State Department of Education on
the effective date of this Act.
SECTION 4. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health and safety,
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