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13a.15.14.00.htm 13A.15.14.00. Title 13A STATE BOARD OF EDUCATION Subtitle 15 FAMILY CHILD CARE Chapter 14 Administrative Hearings Authority: Family Law Article §5-515―5-517 and 5-554; State Government Article, §10-204; Annotated Code of Maryland
13a.15.14.01.htm 13A.15.14.01. 01 Scope.. A. This chapter applies to hearings concerning actions taken by the Office of Child Care which adversely impact on family child care registrations, such as registration denials, revocations, suspensions, reductions in capacity, or limitations on the ages or numbers of children who may be admitted to a family child care home.B. The Superintendent has delegated authority to administrative law judges of the Office of Administrative Hearings to make t
13a.15.14.02.htm 13A.15.14.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administrative law judge" means a hearing officer designated by the Maryland Office of Administrative Hearings to render the final decision of the Superintendent in a hearing.2) "Appellant" means the individual requesting the hearing or appealing a decision, or that individual's legal representative.
13a.15.14.03.htm 13A.15.14.03. 03 Hearing Requests.. A. A hearing shall be held when an applicant or provider requests a hearing to contest:. 1) The denial of an application for registration;. 2) A revocation or suspension of a registration; or. 3) Any other action that adversely impacts on registration, including, but not limited to:. a) The setting of a provider's capacity at a number below that requested;. b) A reduction in capacity; or. c) A limitation on the ages or numbers of children
13a.15.14.04.htm 13A.15.14.04. 04 Preliminary Conference.. A. The Office shall hold a preliminary conference, on request of an appellant, before a hearing on an action.B. The conference is optional and does not replace the hearing process.. C. The conference may be attended by a representative of the Office, the appellant, and the appellant's representative.D. The conference may lead to an informal resolution of the dispute. However, a hearing shall be held unless one of the parties submits a written with
13a.15.14.05.htm 13A.15.14.05. 05 Denial or Dismissal of a Hearing Request.. A. The Office of Administrative Hearings may deny a request for a hearing if:. 1) The issue appealed is not one which adversely affects the registration of a family child care home; or2) The date of the request is not within the required time limits.. B. The Office of Administrative Hearings may dismiss an appeal if the appellant:. 1) Withdraws the request in writing; or. 2) Without good cause, does not appear at the hearing..
13a.15.14.06.htm 13A.15.14.06. 06 Hearing and Appeal Procedures.. A. Notice to Appellant.. 1) For non-emergency hearings, the Office of Administrative Hearings shall, by regular mail, notify the Office and the appellant of the time, date, and place of the hearing at least 20 days in advance. For rescheduled non-emergency hearings, a 10-day notice is required. For all emergency action hearings, at least 3 days advance notice is required.2) The notice to the appellant shall:.
13a.15.14.07.htm 13A.15.14.07. 07 Conduct of Hearing.. A. The hearing shall be conducted by an administrative law judge.. B. At the hearing, the appellant and a representative of the Office may present witnesses, documentary evidence, and oral argument and may cross-examine any witness. A document introduced into evidence by a party may be examined by the opposing party.C. The transcript or tape of the proceedings, together with all documents filed in the hearing proceedings and the final deci
13a.15.14.08.htm 13A.15.14.08. 08 Decision.. A. The administrative law judge shall:. 1) Base the decision on the complete record; and. 2) Determine whether the Office correctly applied State regulations in effect at the time it reached its decision.B. The final decision of the administrative law judge shall be accompanied by findings of fact and conclusions of law.C. The final decision shall be binding upon the Department and shall be implemented immediately unless otherwise specifically indicated in the decisio
13a.15.14.9999.htm 13A.15.14.9999. Administrative History Effective date:. Regulations .01―08 adopted as an emergency provision effective February 20, 1991 (18:5 Md. R. 587) emergency status expired August 20, 1991Transferred from COMAR 07.04.03 to 13A.14.03 effective January 1, 2006. Regulation .06A amended effective December 17, 2007 (34:25 Md. R. 2213) ―. Chapter recodified from COMAR 13A.14.03 to 13A.15.14 effective October 20, 2008 (35:21 Md. R. 1826).
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