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 registered child care homes;
   2. (2) Records of complaint forms pertaining to confirmed or unsubstantiated complaints;
   3. (3) Copies of certificates of registration, including those on provisional status;
   4. (4) Variances;
   5. (5) Correspondence and documents requiring abatement of noncompliance with the regulations of this subtitle, including compliance agreements;
   6. (6) Correspondence and documents pertaining to enforcement actions taken by the Department or office against a provider or a child care home, including denial letters, sanctions, emergency suspensions, and revocations; and
   7. (7) Correspondence regarding requests for inspection of licensing records under this regulation.

2. B. 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, §§9.5-301—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 .03 amended effective January 13, 2020 (47:1 Md. R. 17)

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