- A. This chapter applies to hearings concerning actions taken by the Office of Child Care which adversely impact child care home registrations, such as registration denials, revocations, and suspensions, reductions in capacity, limitations on the ages or numbers of children who may be admitted to a child care home, 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 unregistered family child care services without a valid large family child care certificate of registration, and employment exclusions pursuant to COMAR 13A.18.06.03A or B.
- 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 those actions listed in §A of this regulation. A decision by an administrative law judge of the Office of Administrative Hearings in a family child care registration 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 home is located, pursuant to State Government Article, §10-222, Annotated Code of Maryland.
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 .01A amended effective January 13, 2020 (47:1 Md. R. 17); December 25, 2023 (50:25 Md. R. 1089)
Regulation .02B amended effective December 25, 2023 (50:25 Md. R. 1089)
Regulation .03A, B amended effective January 13, 2020 (47:1 Md. R. 17)
Regulation .04A amended effective January 13, 2020 (47:1 Md. R. 17)