1. A. This chapter applies to hearings concerning actions taken by the Office of Child Care which adversely impact child care center licenses and letters of compliance. These actions include denials, suspensions, and revocations of licenses or letters of compliance, as well as reductions in capacity, limitations on the ages or numbers of children who may be admitted to the child care center, limitations on the spaces, rooms, or areas that may be used for child care, restrictions on which individuals can be alone with children in care pending open child protective services or criminal investigations the imposition of civil penalties for providing or advertising child care services without a valid letter of compliance, and employment exclusions pursuant to COMAR 13A.17.06.03 A or B.
2. B. The Superintendent has delegated authority to administrative law judges of the Office of Administrative Hearings to make the final decisions of the Superintendent on the actions listed in §A of this regulation. A decision by an administrative law judge of the Office of Administrative Hearings in a child care center case is the final decision of the highest administrative authority in the case, and thus is directly appealable to the circuit court in the jurisdiction where the child care center is located pursuant to State Government Article, §10-222, Annotated Code of Maryland.

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:

Regulations .01—.08 adopted as an emergency provision effective February 20, 1991 (18:5 Md. R. 589); emergency status expired August 20, 1991

Regulations .01—.08 adopted effective September 2, 1991 (18:17 Md. R. 1916)

Transferred from COMAR 07.04.04 to 13A.14.04 effective January 1, 2006

Regulation .02B amended effective December 17, 2007 (34:25 Md. R. 2213)

Regulation .03B amended effective December 17, 2007 (34:25 Md. R. 2213)

Regulation .06A amended effective December 17, 2007 (34:25 Md. R. 2213)

Chapter recodified from COMAR 13A.14.04 to COMAR 13A.17.16 effective October 20, 2008 (35:21 Md. R. 1827)

Regulation .01A amended effective January 13, 2020 (47:1 Md. R. 16); December 25, 2023 (50:25 Md. R. 1089)

Regulation .02B amended effective January 13, 2020 (47:1 Md. R. 16); December 25, 2023 (50:25 Md. R. 1089)

Regulation .03A, B amended effective January 13, 2020 (47:1 Md. R. 16)

Regulation .03B amended effective March 21, 2011 (38:6 Md. R. 396)

Regulation .03C amended effective April 19, 2010 (37:8 Md. R. 619)

Regulation .04A amended effective January 13, 2020 (47:1 Md. R. 16)

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

Regulation .08F amended effective April 19, 2010 (37:8 Md. R. 619)