1. A. The office may grant a variance to a regulation under this subtitle:

   1. (1) If the safeguards to a child's health, safety, or well-being are not diminished;
   2. (2) When the provider presents clear and convincing evidence that the regulation is met by an alternative which complies with the intent of the regulation; and
   3. (3) For a limited period of time as specified by the office, or for as long as the registration remains in effect and the provider continues to comply with the terms of the variance.
2. B. Within 30 calendar days of receiving a completed request for a variance, the office shall notify the provider that the variance has been granted or denied.

3. C. If a variance request is denied by a regional office of the Agency:

   1. (1) The provider may appeal the denial to the Agency's central office; and
   2. (2) The Agency's central office has the final determination of whether or not a variance is granted.

Authority: Education Article, §§9.5-115, 9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;
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: February 6, 2012 (39:2 Md. R. 142)

Regulation .02D amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .03 amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .03B amended effective June 24, 2013 (40:12 Md. R. 1043); March 17, 2025 (52:5 Md. R. 238)

Regulation .03D amended effective July 20, 2015 (42:14 Md. R. 884)

Regulation .03F adopted effective March 17, 2025 (52:5 Md. R. 238)

Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .04A, F amended effective July 20, 2015 (42:14 Md. R. 884)

Regulation .04L adopted effective July 20, 2015 (42:14 Md. R. 884)

Regulation .05C amended effective July 20, 2015 (42:14 Md. R. 884)

Regulation .05F amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .06 amended effective July 20, 2015 (42:14 Md. R. 884); January 13, 2020 (47:1 Md. R. 17)