<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".12" citation="COMAR 10.21.04.12" title_num="10" subtitle_num="21" chapter_num="04" heading="Procedures for Hearings.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Administration;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>CSA director; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Director of the Department's designated licensure unit.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>If a timely request for hearing has been received, the Office of Administrative Hearings shall:</text>
    <paragraph num="(1)">
      <text>Notify the director and the chairman of the governing body of the date, time, and location of the hearing; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Hold a hearing and render a proposed decision to the Secretary in accordance with COMAR 28.02.01.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Director; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Chairman of the governing body.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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.</text>
  </paragraph>
</regulation>