1. A. Upon determining that any of the following is unsuitable for the home, the office may restrict or reduce the provider's approved:

   1. (1) Hours of care;
   2. (2) Child care age groups; or
   3. (3) Child capacity.

2. B. The office may base a restriction or reduction under §A of this regulation on any of the following factors:

   1. (1) Space available, indoors or outdoors;
   2. (2) Equipment available;
   3. (3) Number and ages of residents in the home;
   4. (4) Responsibility of the provider to care for another individual who may require special attention or care, including, but not limited to, an elderly resident or a child with a serious physical, emotional, or behavioral condition;
   5. (5) Applicable fire, zoning, health, environmental, or other codes;
   6. (6) Failure by a provider approved for a capacity of up to four children younger than 2 years old to meet the infant-toddler training requirement specified at COMAR 13A.15.06.02E; or
   7. (7) Other factors the office determines may cause a risk to a child's health, safety, or welfare.

3. C. A provider may appeal a restriction or reduction pursuant to §A of this regulation by filing a request for hearing:

   1. (1) Not later than 20 calendar days after the notification of the office's action; or
   2. (2) In the case of an emergency reduction in capacity, not later than 30 calendar days after the notification by the office of its decision to immediately reduce the number of children in care.

Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;
General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)

Effective date: October 20, 2008 (35:21 Md. R. 1826)

Regulation .04B amended effective April 19, 2010 (37:8 Md. R. 618)

Regulation .04B, C amended effective January 13, 2020 (47:1 Md. R. 12)