Article II. Licenses.
Montgomery County, Md., Code § 25-11 (2026)
Sec. 25-11. Required.LinkCopy Citation
No building or premises shall be occupied or used as an institution within the county after September 1, 1950, until an annual license shall have been granted for such occupancy and use by the director, nor shall any such building or premises be so occupied and used after the license has expired or has been revoked or suspended.
Montgomery County, Md., Code § 25-12 (2026)
Sec. 25-12. Application.LinkCopy Citation
Before an annual license for an institution shall be issued by the director, an application in such form as shall be prescribed by him for such license shall be made by the owner, his agent or the managing director.
Any false statement on an application for a license hereunder shall be grounds for denial, revocation or suspension of the license.
Montgomery County, Md., Code § 25-13 (2026)
Sec. 25-13. Compliance with zoning ordinance prior to issuance.LinkCopy Citation
No license shall be issued to any institution the location of which violates the zoning ordinance. If any such institution is required by such zoning ordinance to obtain a special exception from the county board of appeals, the director shall not issue a license to such institution until such special exception has been obtained.
Montgomery County, Md., Code § 25-14 (2026)
Sec. 25-14. Certificates to be filed prior to issuance.LinkCopy Citation
No initial annual license for an institution, or renewal thereof, shall be issued under this article by the director unless the following certificates have been filed with the department and have been approved by him:
(a)
A certificate from the department stating that the buildings to be occupied or used by the institution are structurally safe for the purpose for which such buildings are intended to be used, and that such buildings are in compliance with the applicable building, electrical and plumbing codes of the county, the applicable provisions of this chapter and the applicable building rules and regulations of the state and county boards of health.
(b)
A certificate from the county fire marshal stating that the buildings are in compliance with the fire prevention code of the county, the fire regulations of this chapter, and the fire protection standards, rules and regulations of the state and local boards of health.
(c)
A certificate from the department stating that the institution is in compliance with the applicable standards, rules and regulations of the county and state boards of health for the health, safety, general welfare and physical requirements of the patients as such standards and regulations are presently in force or are hereafter revised or adopted from time to time by such board pursuant to state or local laws, or pursuant to the provisions for the adopting of such standards and regulations by the county board of health as provided in this chapter.
Montgomery County, Md., Code § 25-15 (2026)
Sec. 25-15. When separate licenses required.LinkCopy Citation
Separate licenses under this article shall be required for institutions maintained on separate premises, even though they are operated under the same management. Separate licenses shall not be required for separate buildings on the same grounds.
Montgomery County, Md., Code § 25-16 (2026)
Sec. 25-16. Character of applicant and employees.LinkCopy Citation
No license shall be issued or renewed under this article unless the applicant, licensee, owner, operator, person in charge, or all employees who have supervisory duties in regard to the care of the patients of the institution, are of good moral, reputable and responsible character. In determining such character, the director shall consider police and penal history, including all convictions of the persons and the reasons therefor; license history, including whether such persons, in previously operating such an institution in this or another state, or in previous employment, have had a license revoked or suspended, the reasons therefor, and the demeanor of the persons subsequent to such action; general personal history, including such other facts relevant to the general personal history of the persons as the director shall find necessary to a fair determination of good character. The director shall have the authority to make such investigations as he may deem necessary in making determinations hereunder, and may request investigation and approval by the county police department of any applicant, owner, operator, licensee or person in charge of such institution, or employed by such institution, whenever he shall deem it necessary for the welfare of the patients. Doubts arising in connection with any investigation hereof shall be resolved in favor of the welfare, health and safety of the patients.
Montgomery County, Md., Code § 25-17 (2026)
Sec. 25-17. Procedure for issuance or denial.LinkCopy Citation
(a)
Upon a receipt of an application for an annual license under this article, or for renewal thereof, the director shall make or cause to be made all investigations and inspections required by this article. Upon conclusion of all such investigations and inspections, the director shall either issue or renew such license or deny the application thereof within sixty (60) days from the date the application was filed, or as soon thereafter as practical. On renewal applications, where the director has neither approved nor disapproved the application before the current license expires, the current license shall remain in effect until the director either approves or disapproves the application for renewal.
(b)
If, upon the completion of all investigations and inspections, the director finds that an institution for which a license under this article is requested is not in compliance with the requirements of this article, the director shall, within ten (10) days after making such a finding, cause to be served on the director or administrator of the institution concerned written notice of such fact and shall, in such notice, advise him of the necessary corrective measures to be taken before a license will be issued or renewed. If the applicant shall fail to take the corrective steps specified, the director shall refuse to issue or refuse to renew such license, as the case may be.
(c)
All orders and notices issued by the director hereunder shall be served on the person to whom they are directed, either by registered mail or by personal delivery to such person. If such person cannot be found in the county, service by personal delivery shall be made on the next immediate subordinate of such person or upon the person who is at the time in charge of the institution. If no such person can be located, service shall be made by publishing such notice once in a newspaper of general circulation published within the county.
Montgomery County, Md., Code § 25-18 (2026)
Sec. 25-18. Fees.LinkCopy Citation
(a)
The annual license fees for all institutions subject to the provisions of this article shall be established and may be revised from time to time by the county executive by written regulations adopted under method (3) of section 2A-15 of this Code in an amount not to exceed the reasonable costs of administration and enforcement of this chapter.
(b)
No annual license shall be issued by the department until payment of the prescribed license fee has been made to the department of finance by the institution requesting the license.
Montgomery County, Md., Code § 25-19 (2026)
Sec. 25-19. Posting.LinkCopy Citation
All licenses issued under this article shall be conspicuously posted on the premises of the institution.
Montgomery County, Md., Code § 25-20 (2026)
Sec. 25-20. Change of institution's location; transfer of license.LinkCopy Citation
(a)
Whenever an institution changes its location, the current license held by such institution under this article shall automatically become void. Such institution shall, before changing its location, make application for a new license to the department. Sections 25-11 to 25-16 shall be complied with before such new license shall be issued by the director. There shall be no fee for such new license where there is not a change in the classification of the institution.
(b)
No license issued under this article shall be transferable.
Montgomery County, Md., Code § 25-21 (2026)
Sec. 25-21. Expiration.LinkCopy Citation
All licenses issued under this article shall expire one (1) year from the date of issuance.
Montgomery County, Md., Code § 25-22 (2026)
Sec. 25-22. Admissions restrictions; revocation or suspension generally.LinkCopy Citation
(a)
If the director determines that a life-threatening, health or fire safety deficiency exists in a nursing or care home, the director may immediately restrict new admissions for not more than a thirty-day period.
(b)
If the director should take action to restrict new admissions to a nursing or care home, the director shall, as far in advance of the action as practicable, advise the secretary of the state department of health and mental hygiene that such action is being contemplated, in order to facilitate coordination of state and county regulatory activities. The secretary shall have the right to participate as a party in any administrative or judicial proceeding by the county to restrict new admissions.
(c)
In the event the director imposes a restriction on admissions pursuant to this section, the institution shall take steps to correct the deficiency within twenty-one (21) days.
(d)
The director may revoke or suspend any license issued under this article upon finding that the institution is in violation of any provisions of this chapter or in violation of any of the applicable provisions of the building, electrical or plumbing codes, the fire prevention code or of the applicable standards as established by the state and county board of health for health, safety, welfare and physical requirements of the patients. Any cause for denial of a license or for the refusal to renew a license shall also be a cause for revocation or suspension of a license. Any such revocation or suspension shall be by written order directed to or served upon the director, administrator or upon any person in charge of the institution in the manner prescribed in section 25-17. Any such notice of revocation or suspension shall require the holder of the license to appear before the director and show cause why the license should not be revoked or suspended as herein provided.
(e)
If the director decides to suspend or revoke the license of a nursing or care home, the director shall notify the secretary of the state department of health and mental hygiene of his intention to suspend or revoke the license and the reasons therefor. The secretary shall be notified prior to the time notice of the county's intention to suspend or revoke the license is given to the institution. The director may proceed with the proposed suspension or revocation unless the secretary shall disapprove such action within fourteen (14) days of notice of the proposed action. In the event of disapproval of the proposed action, the secretary shall state his reasons for the disapproval in writing. There shall be no appeals by any party from the secretary's disapproval.
Montgomery County, Md., Code § 25-23 (2026)
Sec. 25-23. Appeals from denial, revocation, suspension or admissions restrictions.LinkCopy Citation
(a)
In the event that any person is aggrieved by a denial, revocation or suspension of a license under this article, such person may appeal from the action of the director to the county board of appeals by filing a written request with the board within ten (10) days after service of notice of such action. Upon receiving such request, the board of appeals, after due notice to all interested parties, and within thirty (30) days after the filing of such request, shall hold a hearing thereon and either affirm, rescind or modify such order within thirty (30) days after the hearing has been held. The board of appeals may, by order, extend either such period of time.
(b)
In the event that any person is aggrieved by an admissions restriction, such person may request a hearing, which shall be held within seven (7) days following the request to determine the appropriateness of the restriction on admissions.