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Session Laws, 1999
Volume 796, Page 863   View pdf image
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Defined terms: "Center" § 11-301
"County" § 1-101
"Secretary" § 1-101

11-305. STANDARDS.

(A) IN GENERAL.

THE REGULATIONS ADOPTED BY THE SECRETARY UNDER § 8-l03(A) AND (B) OF
THIS ARTICLE SHALL INCLUDE MINIMUM STATE STANDARDS FOR CENTERS.

(B) CRITERIA AND GUIDELINES.

THE MINIMUM STATE STANDARDS FOR CENTERS SHALL INCLUDE CRITERIA
AND GUIDELINES FOR:

(1) SITING;

(2) PHYSICAL CHARACTERISTICS, INCLUDING DESIGN AND LAYOUT;

(3) PROGRAMS AND STAFFING;

(4) SCREENING PROCEDURES FOR PLACEMENT;

(5) ACCOUNTING, REPORTING, AND ACCOUNTABILITY; AND

(6) GENERAL PROGRAM AND MANAGEMENT OPERATIONS.

(C) DEVELOPMENT, ADOPTION, AND ENFORCEMENT OF STANDARDS.

THE SECRETARY SHALL COMPLY WITH THE ADMINISTRATIVE PROCEDURE ACT,
TITLE 7, SUBTITLE 2 OF THE STATE GOVERNMENT ARTICLE, AND OTHER APPLICABLE
LAWS IN THE DEVELOPMENT, ADOPTION, AND ENFORCEMENT OF STANDARDS.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 27, § 709.

In subsection (a) of this section, the former reference to "rule[s]" is deleted
for consistency throughout this article. See General Revisor's Note to this
article.

In subsection (b)(1), (2), and (4) of this section, the former references to
"centers" are deleted as unnecessary in light of the reference to "centers" in
the introductory language of this subsection.

In subsection (c) of this section, the former requirement that "[t]hese
standards ... be deemed to be rules and regulations" is deleted as
unnecessary in light of subsection (a) of this section, which provides that
the Secretary shall adopt regulations that establish minimum State
standards.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (c) of this section
seems unnecessary. All Executive Branch agencies that promulgate
regulations must comply with the Administrative Procedure Act, which

 

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Session Laws, 1999
Volume 796, Page 863   View pdf image
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