1. A. A hearing shall be held when:

   1. (1) An applicant or provider requests a hearing to contest:

      1. (a) The denial of an application for registration;
      2. (b) A revocation or suspension of a registration; or

      3. (c) Any other action that adversely impacts on registration, including, but not limited to:

         1. (i) The setting of a provider's capacity at a number below that requested;
         2. (ii) A reduction in capacity; or
         3. (iii) A limitation on the ages or numbers of children who may be admitted to the child care home;
   2. (2) An individual requests a hearing to contest the imposition of civil penalties for providing unregistered child care or advertising family child care services without a valid large family child care certificate of registration; or
   3. (3) An individual requests a hearing to contest the prohibition of employment at a large family child care home.

2. B. Nonemergency Action Hearing Requests.

   1. (1) All nonemergency action hearing requests shall be forwarded in writing to the Office and shall state the name and address of the provider or the individual contesting the imposition of a civil penalty, and the effective date and nature of the action appealed from.
   2. (2) A hearing request shall be filed not later than 20 days after the date of the notice of the action taken by the Office.
   3. (3) The Office shall forward a hearing request to the Office of Administrative Hearings within 10 days of the filing date.
   4. (4) A hearing decision shall be rendered by the Office of Administrative Hearings within 90 days of the filing date.

   5. (5) Any nonemergency action is stayed if a hearing request is timely filed, unless the action is:

      1. (a) A revocation which immediately follows an emergency suspension period; or
      2. (b) A denial which follows the expiration of the provisional period of a registration that was issued on a provisional basis.

3. C. Emergency Action Hearing Requests.

   1. (1) All emergency action hearing requests shall be filed with the Office within 30 days of the hand-delivery of the notice of the Office's action, and shall state the name and address of the provider, and the effective date and action appealed from.
   2. (2) The Office shall notify the Office of Administrative Hearings at once upon receipt of an emergency action hearing request. Oral notification shall be followed by written notification within 24 hours.
   3. (3) A hearing shall be conducted within 7 days of the filing date of the hearing request.
   4. (4) A decision by the administrative law judge shall be rendered within 7 days after the conclusion of the hearing.
   5. (5) The filing of a hearing request may not stay an emergency action.

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)