1. A. Except as prohibited or restricted by applicable law or regulation, the custodian of record may make the following information from licensing records available to a requester:

   1. (1) Findings of inspections conducted by the office in letter of compliance facilities;
   2. (2) Record of complaint forms pertaining to confirmed or unsubstantiated complaints;
   3. (3) Copies of letters of compliance, including those on provisional or conditional status;
   4. (4) Variances;
   5. (5) Correspondence and documents requiring abatement of noncompliances with the regulations of this subtitle, including compliance agreements;
   6. (6) Correspondence and documents pertaining to enforcement actions taken under this subtitle by the Department or office against a letter holder or child care facility, including denial letters, sanctions, emergency suspensions, and revocations; and
   7. (7) Any correspondence regarding requests for inspection of licensing records under this chapter.
2. B. Except as provided by other law, the custodian of record shall permit the licensee, or an authorized representative of the licensee, to inspect the licensee's own record.

3. C. The custodian of record may not disclose sociological information to a requester, except that this information may be disclosed:

   1. (1) To public employees in the performance of their public duties;
   2. (2) To parties litigating claims for unemployment insurance to the extent the sociological information would be available to private parties in litigation; or
   3. (3) When required by a duly issued subpoena.

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

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