A. The office may suspend the certificate of registration, for a period of not more than 60 calendar days, upon determining that:
- (1) The provider or home is in violation of any of the regulations under this subtitle and that the health, safety, or welfare of a child in the home is threatened; or
(2) If the registration is a continuing registration that was placed on conditional status, the:
- (a) Conditional status has lapsed; and
- (b) Provider has failed to meet the requirements for lifting the conditional status.
- B. The office shall suspend the certificate of registration upon notification that the provider is in noncompliance with Child Support Enforcement requirements pursuant to Family Law Article, §10-119.3, Annotated Code of Maryland.
C. The office shall notify the provider in writing of the suspension at least 20 calendar days before the effective date stating:
- (1) The effective date and period of the suspension;
- (2) The reason for suspension;
- (3) The regulation with which the provider has failed to comply that is the basis for the suspension;
- (4) Corrections required to ensure reinstatement of the certificate of registration;
- (5) That the provider shall stop providing child care on the effective date of the suspension unless the provider requests a hearing;
- (6) That the provider is entitled to a hearing if requested in writing within 20 calendar days of the delivery of the notice;
- (7) The procedure to be used if the provider wishes to request a hearing to appeal the decision of the office;
- (8) That the suspension shall be stayed if a hearing is requested;
- (9) That, if the suspension is upheld following the hearing, the provider shall cease providing child care for the period of the suspension;
- (10) That the suspension may lead to revocation; and
- (11) That the provider is required to surrender the certificate of registration to the office when the suspension becomes effective.
- D. The office shall notify the parents of the children in care of the suspension.
E. By the end of the suspension period, the office shall:
- (1) Reinstate the certificate of registration and return it to the provider; or
- (2) Revoke the certificate of registration.
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 .01A amended effective March 21, 2011 (38:6 Md. R. 396)
Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 12)
Regulation .03 amended effective March 21, 2011 (38:6 Md. R. 396)
Regulation .04-1 adopted effective December 25, 2023 (50:25 Md. R. 1089)
Regulation .05 amended effective January 13, 2020 (47:1 Md. R. 12)
Regulation .06 amended effective January 13, 2020 (47:1 Md. R. 12)
Regulation .07A amended effective June 24, 2013 (40:12 Md. R. 1043); April 14, 2014 (41:7 Md. R. 423)
Regulation .07A, B amended effective January 13, 2020 (47:1 Md. R. 12)