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13a.16.17.00.htm 13A.16.17.00. Title 13A STATE BOARD OF EDUCATION Subtitle 16 CHILD CARE CENTERS Chapter 17 Inspections, Complaints, and Enforcement Authority: Education Article, §9.5-401, 9.5-404―9.5-411, and 9.5-413―9.5-418; 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 Bl
13a.16.17.01.htm 13A.16.17.01. 01 Complaints.. The office shall investigate:. A. Both written and oral complaints that relate to a potential violation of a regulation under this subtitle, including anonymous complaints; andB. Complaints of providing or advertising unlicensed child care..
13a.16.17.02.htm 13A.16.17.02. 02 Inspections.. A. An operator shall permit inspection of all areas of the center by an agency representative during the center's hours of operation.B. An agency representative may make inspections without prior notice to an operator.. C. Upon request, an operator shall make the records required by this subtitle available to an agency representative for inspection and copying.D. An operator may request satisfactory identification from an agency representative before admittin
13a.16.17.03.htm 13A.16.17.03. 03 Warnings.. If an investigation of a complaint or an inspection of a child care center indicates a violation of this subtitle that does not present an immediate threat to the health, safety, and welfare of a child in care, the office may issue a warning in writing, on an inspection report or by separate letter, that states:A. The violation found, citing the regulation;. B. The time period for correcting the violation; and. C. That failure to correct the violation may resul
13a.16.17.04.htm 13A.16.17.04. 04 Intermediate Sanctions.. A. Upon a determination that an operator has violated the regulations in this subtitle, placing the health, safety, or welfare of children in care at risk, the office may:1) Restrict the ages or number of new children enrolled;. 2) Reduce the number of children in care;. 3) Require the operator or center staff to participate in training in a specified content area;.
13a.16.17.05.htm 13A.16.17.05. 05 Suspension.. A. The office may suspend an operator's license for a period of not more than 60 calendar days:. 1) Upon determining that the:. a) Regulations in this subtitle have been violated; and. b) Health, safety, or welfare of children in the center is threatened; or. 2) If the license is a continuing license that was placed on conditional status, and the:. a) Conditional status has lapsed; and.
13a.16.17.06.htm 13A.16.17.06. 06 Emergency Suspension.. A. The office may suspend an operator's license on an emergency basis if it is determined that this action is required to protect the health, safety, or welfare of a child in the center.B. The office shall hand deliver written notice of the emergency suspension to the operator stating:. 1) The regulatory basis for the suspension; and. 2) That the operator shall immediately stop providing child care;. 3) That the operator is entitled to a hearing befo
13a.16.17.07.htm 13A.16.17.07. 07 Revocation.. A. The office may revoke a license if:. 1) An operator or center is in violation of this subtitle and the health, safety, or welfare of children in the center is threatened;2) An operator misrepresented or offered false information on the application or on any form or report required by the office;3) An operator interferes with the agency representative in the performance of the duties of the office;4) The operator fails to comply with the:.
13a.16.17.08.htm 13A.16.17.08. 08 Penalties.. A. Criminal Penalty. A person who operates a child care center without a license, if convicted, is guilty of a misdemeanor and subject to a fine not exceeding:1) $1,500 for the first violation; and. 2) $2,500 for a second or subsequent violation.. B. Civil Penalty.. 1) A person who maintains and operates a child care center or advertises child care services without a license, or who violates any regulation in this subtitle, is subject to a civil penalty imposed i
13a.16.17.9999.htm 13A.16.17.9999. Administrative History Effective date: October 20, 2008 (35:21 Md. R. 1826). Regulation .02E amended effective March 21, 2011 (38:6 Md. R. 396). Regulation .05B amended effective April 19, 2010 (37:8 Md. R. 618) ―. Chapter revised effective January 13, 2020 (47:1 Md. R. 14).
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