1. A. Criminal Penalty. A person that maintains and operates a nursery school or a child care program without a license or a letter of compliance, if convicted, is guilty of a misdemeanor and subject to a fine not exceeding:

   1. (1) $1,500 for the first violation; and
   2. (2) $2,500 for a second or subsequent violation.

2. B. Civil Penalty.

   1. (1) A person who maintains and operates a nursery school or child care program or advertises a child care program without a letter of compliance, or who violates any regulation in this subtitle, is subject to a civil penalty imposed in a civil action of not more than $1,000 for each violation, and each day a violation occurs or the facility operates illegally is considered a separate violation.
   2. (2) The total amount of the civil penalties imposed in a civil action under this section may not exceed $5,000.
3. C. An individual against whom a civil penalty has been imposed under this regulation shall pay the full amount of the penalty promptly to the Department, as instructed by the civil citation or as otherwise directed by the office.

4. D. Appeals.

   1. (1) An individual may appeal the imposition of a civil penalty under this regulation by filing an appeal with the office as instructed by the civil citation or as otherwise directed by the office.
   2. (2) Appeals are conducted in accordance with the provisions of COMAR 13A.17.16.

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)