(a) In this part the following words have the meanings indicated. (b) “Hazardous condition” means a condition existing in a related institution that does not constitute a life-threatening, health, or fire safety deficiency, as described in § 19-328 of this subtitle, but which is a violation of departmental regulations which is likely to endanger the health, life, […]
(a) (1) An intermediate sanction may be imposed consistent with this section when a hazardous condition exists in a related institution and that condition is not remedied pursuant to the following sections. (2) In determining whether a hazardous condition exists, the following factors shall be considered: (i) The potential impact of the condition on the health, life, or safety […]
(a) The funds in the escrow account shall be used only for the purposes of remedying the hazardous condition. (b) The amount of the escrow account shall be the estimated cost of correcting the hazardous condition or $5,000 whichever is greater. (c) The escrow account is to be established by the related institution at an authorized financial institution […]
(a) The related institution shall have the right to appeal from the order within 5 working days from the receipt of the order. (b) The appeal shall be heard by the hearings office of the Department, which shall render the final agency decision for purposes of judicial review. (c) Imposition of the sanction shall be stayed until the […]
(a) Escrowed funds may be released by the escrow agent: (1) If the related institution can present specific bills (vouchers) for correcting the hazardous condition which have been certified by the Secretary as appropriate; and (2) In the absence of bills or vouchers, the related institution has received written approval from the Secretary that the expenditure is appropriate […]
(a) If the related institution fails to establish the escrow account as ordered, the Secretary may petition the appropriate circuit court to require compliance with the sanction order. (b) If the hazardous condition is not corrected or progress acceptable to the Secretary is not made within the time frame set by the sanction order, the Secretary may: […]
(a) Either party aggrieved by the decision of the hearings office shall have the right to appeal that decision. (b) A related institution subject to a sanction shall have the right to appeal a decision by the Secretary that the hazardous condition has not been corrected or that inadequate progress has been made toward correcting the hazardous […]
