1. A. If a program administrator resigns or is removed from a position as a program administrator by death or for any other unexpected cause, the residential child care program's Chief Administrator or other appropriate program authority shall immediately designate a certified program administrator to serve in that capacity.

2. B. In the event a certified program administrator is not available, the residential child care program's Chief Administrator or other appropriate program authority may appoint a noncertified individual to serve in the capacity of acting program administrator for a period not exceeding 90 days if the individual:

   1. (1) Is approved by the Board; and
   2. (2) Meets the minimum qualifications for a program administrator as set forth in COMAR 10.57.02.

3. C. Approval of Noncertified Individual to Serve as Acting Program Administrator.

   1. (1) In order to obtain approval from the Board for the approval of a noncertified individual to serve as the acting program administrator, the residential child care program's Chief Administrator or other appropriate program authority shall immediately submit to the Board:

      1. (a) An application on the form provided by the Board;
      2. (b) The application fee set forth in COMAR 10.57.07;

      3. (c) Written justification clarifying the reason why acting capacity is necessary, that includes:

         1. (i) The name and title of the individual requesting approval of a non-certified individual, including mailing address, phone, and email address;
         2. (ii) The qualifications and credentials of the individual selected for acting capacity; and
         3. (iii) A summary of the efforts made by the residential child care program to recruit a certified program administrator;
      4. (d) A copy of the individual's resume or curriculum vitae; and
      5. (e) The State and national criminal history records check.
   2. (2) The Board shall review all of the documentation provided to verify that individual appointed meets the minimum qualifications of a program administrator as set forth in COMAR 10.57.02.

   3. (3) Upon review of the request, the Board may:

      1. (a) Approve the request for acting capacity;
      2. (b) Approve the request for acting capacity with conditions; or
      3. (c) Deny request for acting capacity.
   4. (4) The 90 day period begins on the date that the program administrator leaves or is removed from the position as a program administrator.
   5. (5) The Board may extend the 90 day period for a further period of not more than 30 days.

Authority: Health Occupations Article, §§20-205, 20-301, 20-302, 20-303, 20-305—20-307, 20-310, 20-311, and 20-404, Annotated Code of Maryland

Effective date:

Regulations .01—.06 adopted as an emergency provision effective January 7, 2008 (35:9 Md. R. 894); adopted permanently effective April 7, 2008 (35:7 Md. R. 749)

Chapter revised effective April 19, 2010 (37:8 Md. R. 617)

Chapter revised effective November 7, 2016 (43:22 Md. R. 1223)

Regulation .01 amended effective December 27, 2021 (48:26 Md. R. 1112)

Regulation .04 amended effective December 31, 2018 (45:26 Md. R. 1246)

Regulation .04B, D amended effective October 13, 2025 (52:20 Md. R. 1002)

Regulation .05A, B amended effective October 13, 2025 (52:20 Md. R. 1002)

Regulation .05D adopted effective December 31, 2018 (45:26 Md. R. 1246)

Regulation .07 amended effective October 13, 2025 (52:20 Md. R. 1002)