1. A. The office may immediately suspend the certificate of registration for a period of not more than 45 calendar days upon finding that a child's health, safety, or welfare imperatively requires emergency action.
2. B. The office shall hand deliver a written notice to the provider informing the provider of the emergency suspension, giving the reasons for the action, and notifying the provider of the right to request, within 30 days of the delivery of the notice, a hearing before the Office of Administrative Hearings.
3. C. If unable to hand deliver a written notice to the provider, the Office may send notice by regular and certified mail to the provider’s address.

4. D. When the certificate of registration is to be suspended immediately:

   1. (1) The office shall repossess the certificate of registration;
   2. (2) The provider shall stop providing child care immediately; and
   3. (3) The office shall notify the parents of the children in care of the suspension and make every reasonable effort to assist the parents of the children in making other child care arrangements.
5. E. If a hearing is requested by the provider, the Office of Administrative Hearings shall hold a hearing within 7 calendar days of the date of the request.
6. F. Within 7 calendar days of the hearing, a decision concerning the emergency suspension shall be made by the Office of Administrative Hearings.
7. G. If the decision does not uphold the emergency suspension, the provider may resume providing child care.

8. H. By the end of the suspension period, the office shall:

   1. (1) Reinstate the certificate of registration and return it to the provider; or
   2. (2) Revoke the certificate of registration.

Authority: Education Article, §§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 .02B amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .04-1 adopted effective December 25, 2023 (50:25 Md. R. 1089)

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

Regulation .06 amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .07A amended effective June 24, 2013 (40:12 Md. R. 1043)

Regulation .07A, B amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .08A amended effective January 13, 2020 (47:1 Md. R. 17)

Regulation .09A amended effective January 13, 2020 (47:1 Md. R. 17)