1. A. Provisional Status.

   1. (1) Except as provided in §A(2) of this regulation. to allow an applicant for an initial or a continuing license additional time to meet all applicable requirements, the Office may approve an initial or a continuing license on a provisional basis for a period of up to 120 days after determining that the health and safety of the children in care are not in imminent danger.
   2. (2) An initial license may not be approved if the Office has not yet received evidence that the applicant and each individual, as applicable, specified at Regulation .02A(4) and B(1) of this chapter has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records.

   3. (3) At the end of the provisional period, if all requirements for the initial or continuing license are not met due to:

      1. (a) Failure by the applicant to take an action necessary to achieve compliance, the Office shall deny the application for license; or
      2. (b) Circumstances beyond the control of the applicant, the Office may continue the provisional status for one or more additional periods of up to 120 days per period, except that provisional status may not be continued for more than 24 months after the start of the first provisional period.
   4. (4) If the Office denies a license at the end of the provisional period, the applicant or operator does not have a valid license and shall cease operating.

2. B. Conditional Status.

   1. (1) If an operator who holds a continuing license fails to remedy a violation as required, the Office may place the license on conditional status for:

      1. (a) A period of up to 120 days; and
      2. (b) Upon approval by the Agency's central office, an additional period of up to 120 days.

   2. (2) Upon placing a continuing license on conditional status, the Office shall issue to the operator a revised license that states the:

      1. (a) Placement of the license on conditional status;
      2. (b) Period of time of the conditional status; and
      3. (c) Requirements for lifting the conditional status.

   3. (3) Immediately upon receipt of the revised license, the operator shall:

      1. (a) Remove from display in the center the continuing license that was originally issued; and
      2. (b) Display the revised license as required by Regulation .01E of this chapter.

   4. (4) If the operator satisfies all requirements for lifting the conditional status within the specified period of time, the Office shall promptly:

      1. (a) Discontinue the conditional status; and
      2. (b) Notify the operator to redisplay the original continuing license.
   5. (5) If the operator fails to satisfy all requirements for lifting the conditional status within the specified period of time, the Office may suspend or revoke the continuing license.

Authority: Education Article, §§9.5-401, 9.5-404—9.5-411 and 9.5-413—9.5-418; 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 .01 amended effective April 14, 2014 (41:7 Md. R. 423)

Regulation .01B amended effective March 21, 2011 (38:6 Md. R. 396)

Regulation .01C amended effective January 13, 2020 (47:1 Md. R. 14)

Regulation .01F adopted effective March 21, 2011 (38:6 Md. R. 396)

Regulation .01G adopted effective January 23, 2012 (39:1 Md. R. 20)

Regulation .01I adopted effective January 13, 2020 (47:1 Md. R. 14)

Regulation .02 amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)

Regulation .02A amended effective April 19, 2010 (37:8 Md. R. 618); November 13, 2023 (MD. R. 977)

Regulation .03A, C amended effective July 20, 2015 (42:14 Md. R. 883)

Regulation .03C amended effective April 14, 2014 (41:7 Md. R. 423); January 13, 2020 (47:1 Md. R. 14)

Regulation .04A amended effective July 20, 2015 (42:14 Md. R. 883)

Regulation .04B amended effective January 13, 2020 (47:1 Md. R. 14)

Regulation .06A amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 14)