<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".76" citation="COMAR 10.07.02.76" title_num="10" subtitle_num="07" chapter_num="02" heading="Emergency Suspension.">
  <paragraph num="A.">
    <text>The Secretary may immediately suspend a license on finding that the public health, safety, or welfare imperatively requires emergency action pursuant to State Government Article, §10-405(b), Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Department shall deliver a written notice to the nursing facility:</text>
    <paragraph num="(1)">
      <text>Informing the nursing facility of the emergency suspension;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Giving the reasons for the action and the regulation or regulations with which the licensee has failed to comply that forms the basis for the emergency suspension; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Notifying the nursing facility of its right to request a hearing and to be represented by counsel.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The filing of a hearing request does not stay the emergency action.</text>
  </paragraph>
  <paragraph num="D.">
    <text>When a license is suspended by emergency action:</text>
    <paragraph num="(1)">
      <text>The nursing facility shall immediately return the license to the Department; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The licensee shall notify the residents or representatives of the residents of the suspension and make every reasonable effort to assist them in making arrangements for transfer to other appropriate living arrangements.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>In the event of an emergency suspension, the Department may assist in the relocation of residents.</text>
  </paragraph>
  <paragraph num="F.">
    <text>A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .59 of this chapter.</text>
  </paragraph>
  <paragraph num="G.">
    <text>The Office of Administrative Hearings shall conduct a hearing as provided in Regulation .59 of this chapter and issue a proposed decision within 10 business days of the close of the hearing record. Exceptions may be filed by an aggrieved person pursuant to COMAR 10.01.03. The Secretary shall make a final decision pursuant to COMAR 10.01.03.</text>
  </paragraph>
  <paragraph num="H.">
    <text>If the Secretary's final decision does not uphold the emergency suspension, the nursing facility may resume operation.</text>
  </paragraph>
</regulation>