Section 19-335 - Hearing requirements. - Maryland Statutes

§ 19-335. Hearing requirements.
 

(a)  In general.-  

(1) Except as otherwise provided in subsection (b) of this section, the court shall hold a hearing on a petition under Part V of this subtitle within 10 days after the petition is filed. 

(2) The owner of the nursing home or entity operating the community program shall be given notice of the hearing: 

(i) At least 5 days before the hearing; or 

(ii) At least 3 days before the hearing, by a notice posted conspicuously inside or on the front door of the nursing home or site of the community program, if the Secretary files a statement that: 

1. Is signed and verified by the Secretary; 

2. States that the owner or operating entity cannot be found; and 

3. Sets forth a substantial account of reasonable, good faith efforts to find the owner or operating entity and serve process. 

(3) The owner of the nursing home or operating entity of a community service is entitled to offer evidence at the hearing. 

(b)  Ex parte order.-  

(1) A court may appoint a receiver for a nursing home or community program if, from the petition, affidavits, and any evidence offered ex parte, the court finds probable cause to believe that a situation, physical condition, practice, or method of operation presents an imminent danger of death or serious mental or physical harm to the residents and must be remedied immediately to insure their health, safety, and welfare. 

(2) The owner or person then in charge of the nursing home or community program shall be given notice of the appointment of a receiver: 

(i) By service of the notice, within 24 hours after the appointment; or 

(ii) By posting the notice conspicuously inside or on the front door of the nursing home or site of the community program, if the Secretary files a statement that: 

1. Is signed and verified by the Secretary; 

2. States that the owner and the person in charge of the nursing home or community program cannot be found; and 

3. Sets forth a substantial account of reasonable, good faith efforts to find the owner and the person in charge and serve process. 

(3) Unless the owner of the nursing home or entity operating the community program consents to a later date, the court shall hold a hearing on the appointment of the receiver within 5 days after service of process. 
 

[An. Code 1957, art. 43, § 560B; 1982, ch. 21, § 2; 1988, ch. 262; 1989, ch. 109.]