# COMAR Title 10 — Maryland Department of Health

## Subtitle 21 — Behavioral Health Regulations

### Chapter 04 — Community Mental Health Programs — Group Homes for Adults with Mental Illness

#### Regulation .12 Procedures for Hearings.

*COMAR 10.21.04.12*

A. Within 10 working days of receipt of notification that the Secretary proposes to deny approval or initiate disciplinary action, the chairman of the governing body may file a written request for a hearing with the Office of Administrative Hearings, with copies to the:

  (1) Administration;

  (2) CSA director; and

  (3) Director of the Department's designated licensure unit.

B. If the chairman of the governing body does not file a request for hearing that is post-marked within 10 working days of receipt of the notification, the group home waives the right to request a hearing, and the Secretary may effect the proposed action.

C. If a timely request for hearing has been received, the Office of Administrative Hearings shall:

  (1) Notify the director and the chairman of the governing body of the date, time, and location of the hearing; and

  (2) Hold a hearing and render a proposed decision to the Secretary in accordance with COMAR 28.02.01.

D. After giving parties the opportunity to file exceptions under the provisions of State Government Article, §10-216, Annotated Code of Maryland, the Secretary shall issue a final decision according to State Government Article, §10-221, Annotated Code of Maryland, and send notice of the decision to the:

  (1) Director; and

  (2) Chairman of the governing body.

E. Further Appeal. A group home may appeal any final decision by the Secretary by following the provisions of Health-General Article, §10-524, and State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.