1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Administrative law judge” means a hearing officer designated by the Maryland Office of Administrative Hearings to render the final decision of the Superintendent in a hearing.
   2. (2) “Appellant” means the individual requesting the hearing or appealing a decision, or that individual's legal representative.
   3. (3) “Applicant” means an individual applying for a license or letter of compliance to operate a child care center.
   4. (4) “Capacity” means the number of day care children who may be present at a child care center at the same time.
   5. (5) “Days” means calendar days.
   6. (6) “Department” means the State Department of Education.

   7. (7) Emergency Action.

      1. (a) “Emergency action” means an action which is effective immediately because of danger to children's health or safety.
      2. (b) “Emergency action” may include an emergency suspension, an immediate reduction in capacity, an immediate limitation on the ages or numbers of children who may be admitted to care, and an employment exclusion pursuant to COMAR 13A.17.06.03A or B.
   8. (8) “Filed” is received in writing by the Office of Child Care.
   9. (9) “Filing date” is the date a hearing request is received by the Office of Child Care.
   10. (10) “Letter of compliance” means a letter issued by the Department to a religious organization which meets the requirements of Education Article, §9.5-404, Annotated Code of Maryland.
   11. (11) “License” means a document issued to a person by the Department which gives permission to operate a child care center in accordance with State regulations.
   12. (12) “Licensee” means an individual or a partnership group, association, cooperative, or corporation which has the legal authority and responsibility for the governing and operating of a child care center and which has been issued a license by the Department.
   13. (13) “Office” means the central office or a regional office of the Office of Child Care.
   14. (14) “Office of Administrative Hearings” means the administrative unit of Maryland government which is responsible for processing requests for hearings, for scheduling and conducting hearings, and for rendering decisions pursuant to State Government Article, §9-1601 et seq., Annotated Code of Maryland.
   15. (15) “Party” means the appellant and the Office of Child Care.
   16. (16) “Superintendent” means the State Superintendent of Schools.

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)