A. The office may revoke a license if:
- (1) An operator or center is in violation of this subtitle and the health, safety, or welfare of children in the center is threatened;
- (2) An operator misrepresented or offered false information on the application or on any form or report required by the office;
- (3) An operator interferes with the agency representative in the performance of the duties of the office;
(4) The operator fails to comply with the:
- (a) Prohibitions on the use of an individual as an employee, a substitute, or a volunteer as set forth in COMAR 13A.16.06.03A and B or COMAR 13A.16.06.15B; or
- (b) Child security requirements set forth in COMAR 13A.16.07.06;
- (5) The terms or conditions of an intermediate sanction have been violated;
- (6) Violations required to be corrected during a period of suspension have not been corrected and the period has ended;
(7) The license is a continuing license that was placed on conditional status, and the:
- (a) Conditional status has lapsed; and
- (b) Operator has failed to meet the requirements for reinstatement of the continuing license; or
- (8) Evaluation of information provided to, or acquired by, the office indicates that the operator is unable to provide for the welfare of children.
B. If the office decides to revoke a license, the office shall notify the operator in writing 20 calendar days before the effective date of the revocation, stating:
- (1) The effective date of the revocation;
- (2) The reason for revocation;
- (3) The regulatory violation which is the basis for the revocation;
- (4) That the operator shall stop providing child care unless a hearing is requested in writing within 20 days of the date of the revocation notice;
- (5) That the operator may request a hearing;
- (6) That the revocation shall be stayed if a hearing is requested within 20 days of the date of the revocation notice;
- (7) That, if the revocation is upheld by the Office of Administrative Hearings following the hearing, the operator shall cease providing child care; and
- (8) That the operator is required to surrender the license to the office when the revocation becomes effective.
- C. The office shall notify the parents of the children in care of the revocation.
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 .02E amended effective March 21, 2011 (38:6 Md. R. 396)
Regulation .05B amended effective April 19, 2010 (37:8 Md. R. 618)
Chapter revised effective January 13, 2020 (47:1 Md. R. 14)
Regulation .04-1 adopted effective December 25, 2023 (50:25 Md. R. 1089)