1. A. An operator shall permit inspection by the agency representative of all areas of the facility regulated by this subtitle during the nursery school's or child care program's hours of operation without prior notice to the operator.
2. B. An operator may request satisfactory identification from the agency representative before admitting the representative for an inspection.
3. C. During an inspection, and upon request, an operator shall make the records required by this subtitle available to the agency representative for inspection and copying.

4. D. An agency representative shall inspect each facility:

   1. (1) On an announced basis before the office issues an initial letter of compliance or a continuing letter of compliance; and

   2. (2) On an unannounced basis, at least once:

      1. (a) Within each 12-month period after the date that an initial letter of compliance or a continuing letter of compliance was issued; or
      2. (b) If the facility is currently operating on a renewed letter of compliance, during the 12-month period following the calendar year in which the renewed letter was issued.
5. E. An operator may contest a finding of noncompliance with this subtitle by requesting a review of findings by the regional office or the central office of the Agency.

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 .02D amended effective March 21, 2011 (38:6 Md. R. 396)

Regulation .05B amended effective April 19, 2010 (37:8 Md. R. 619)

Chapter revised effective January 13, 2020 (47:1 Md. R. 16)

Regulation .04-1 adopted effective December 25, 2023 (50:25 Md. R. 1089)