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Ch. 488
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PARRIS N. GLENDENING, Governor
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[(4)] (5) Whether the amount of the proposed civil money penalty will
jeopardize the financial ability of the nursing [facility] HOME to continue operating
as a nursing [facility] HOME; and
[(5)] (6) Such other factors as justice may require.
[19-1406.] 19-1405.
(a) The nursing [facility] HOME shall provide written notice to the
Department when the deficiency or deficiencies identified in the notice issued
pursuant to [§ 19-1403] § 19-1402 are substantially corrected.
(b) The calculation of the amount of the civil money penalty will stop as of the
date the notice in subsection (a) of this section is received by the Department IF THE
DEPARTMENT VERIFIES CORRECTIVE ACTION AND SUSTAINED COMPLIANCE.
[(e) The Department shall schedule and conduct a reinspection of the nursing
facility within 24 hours of its receipt of the notice pursuant to subsection (a) of this
section.
(d) If, following the reinspection, the Department determines that the
deficiency or deficiencies have not been substantially corrected; the facility's notice
under subsection (a) of this section shall be invalid and the civil money penalty
imposed under § 19-1405(a) shall remain in effect.]
[19-1407.] 19-1406.
(a) The nursing [facility] HOME shall have the right to appeal from the order
within 30 days from the receipt of the order.
[(b) The appeal shall be heard by the Hearings Office of the Department, which
shall render the final agency decision for purposes of judicial review.
(e) Imposition of the civil money penalty shall be stayed until the final
decision is issued pursuant to subsection (m) of this section.]
[(d)] (B) A hearing on the appeal shall be held within 10 working days of the
request for hearing.
[(c)] (C) The parties to the hearing shall be the aggrieved nursing facility and
the Secretary.
[(f)] (D) The parties are entitled to be represented by counsel.
[(g)] (E) The Hearings Office may permit or modify a timely request by the
nursing [facility] HOME for prehearing discovery.
[(h)] (F) The Hearings Office, upon its own motion or upon motion of either
party, may subpoena any person or evidence, administer oaths, and take depositions
and other testimony.
[(i)] (G) The Hearings Office shall inquire fully into all of the matters at issue
and shall receive into evidence the testimony of witnesses and any documents which
are relevant and material to such matters.
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- 2579 -
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