1. A. The office may suspend a letter of compliance on an emergency basis when it is determined that this action is required to protect the health, safety, or welfare of a child in the facility.

2. B. The office shall hand deliver written notice of the emergency suspension to the operator stating:

   1. (1) The regulatory basis for the suspension;
   2. (2) That the operator shall immediately stop providing child care;
   3. (3) That the operator is entitled to a hearing before the Office of Administrative Hearings within 7 calendar days of the operator’s request for a hearing;
   4. (4) That the Office of Administrative Hearings shall issue a decision concerning the emergency suspension within 7 calendar days of the hearing;
   5. (5) That if the emergency suspension order is upheld, stoppage of child care at the center shall continue until it is determined that the health, safety, or welfare of a child in the facility is no longer threatened;
   6. (6) That the suspension may lead to revocation; and
   7. (7) That the operator is required to surrender the letter of compliance to the office when the suspension becomes effective.
3. C. If unable to hand deliver a written notice to the operator, the Office may send notice by regular and certified mail to the operator’s address.
4. D. The office shall notify the parents of the children in care of the emergency suspension.

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)