1. A. Upon receiving a completed application for an initial letter of compliance or a continuing letter of compliance, and all documentation required by law or regulation, the office promptly shall determine compliance with the requirements of this subtitle by:

   1. (1) Evaluating the application and required documentation; and

   2. (2) Inspecting the:

      1. (a) Facility proposed for use as a nursery school or child care program, if the application is for an initial letter of compliance; or
      2. (b) Nursery school or child care program, if the application is for a continuing letter of compliance.

2. B. Except as specified at §C of this regulation, the office shall, within 30 days after completing the procedures in §A of this regulation, promptly:

   1. (1) For an initial letter of compliance application:

      1. (a) Issue an initial letter of compliance;
      2. (b) Issue an initial letter of compliance on a provisional basis; or
      3. (c) Deny an initial letter of compliance; or
   2. (2) For a continuing letter of compliance application, issue or deny a continuing letter of compliance.
3. C. The office may not issue an initial letter of compliance until child care staff, sufficient in number to meet the staff/child ratio and group size requirements of COMAR 13A.17.08.03 as they apply to the requested child capacity, have successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records.

Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 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. 1827)

Regulation .01C adopted effective January 13, 2020 (47:1 Md. R. 16)

Regulation .02 amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16)

Regulation .02A amended effective November 13, 2023 (Md. R. 977)

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

Regulation .03C amended effective April 14, 2014 (41:7 Md. R. 423); July 20, 2015 (42:14 Md. R. 883)

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

Regulation .05B amended effective January 13, 2020 (47:1 Md. R. 16)

Regulation .06A amended effective July 20, 2015 (42:14 Md. R. 883); January 13, 2020 (47:1 Md. R. 16)