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13a.17.15.00.htm 13A.17.15.00. Title 13A STATE BOARD OF EDUCATION Subtitle 17 CHILD CARE ― LETTERS OF COMPLIANCE Chapter 15 Inspections, Complaints, and Enforcement Authority: Education Article, §9.5-401, 9.5-404, 9.5-405, 9.5-409, 905-411, 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. §608
13a.17.15.01.htm 13A.17.15.01. 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 child care or advertising child care services without a valid letter of compliance.
13a.17.15.02.htm 13A.17.15.02. 02 Inspections.. A. An operator shall permit inspection by the agency representative of all areas of the facility regulated by this subtitle during the nursery school's or child care program's hours of operation without prior notice to the operator.B. An operator may request satisfactory identification from the agency representative before admitting the representative for an inspection.C. During an inspection, and upon request, an operator shall make the recor
13a.17.15.03.htm 13A.17.15.03. 03 Warnings.. If an investigation of a complaint or an inspection of a facility 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.17.15.04.htm 13A.17.15.04. 04 Intermediate Sanctions.. A. Upon a determination that an operator has violated the regulations of 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 facility staff to participate in training in a specified content area;.
13a.17.15.05.htm 13A.17.15.05. 05 Suspension.. A. The office may suspend a letter of compliance 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 facility is threatened; or. 2) If the letter of compliance is a continuing letter of compliance that was replaced by a conditional letter of compliance, and the:a) Conditional letter of compliance has lapsed; and.
13a.17.15.06.htm 13A.17.15.06. 06 Emergency Suspension.. A. The office may suspend a letter of compliance on an emergency basis when it is determined that this action is required to protect the health, safety, or welfare of a child in the facility.B. The office shall hand deliver written notice of the emergency suspension to the operator stating:. 1) The regulatory basis for the suspension;. 2) That the operator shall immediately stop providing child care;. 3) That the operator is entitled to a hearing befo
13a.17.15.07.htm 13A.17.15.07. 07 Revocation.. A. The office may revoke a letter of compliance if:. 1) The operator or facility is in violation of this subtitle and the health, safety, or welfare of children in the facility is threatened;2) The operator misrepresented or offered false information on the application or on any form or report required by the office;3) The operator interferes with the agency representative in the performance of the duties of the office;4) The operator fails to comply with the:.
13a.17.15.08.htm 13A.17.15.08. 08 Penalties.. A. Criminal Penalty. A person that maintains and operates a nursery school or a child care program without a license or a letter of compliance, 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 nursery school or child care program or advertises a child care program without a le
13a.17.15.9999.htm 13A.17.15.9999. Administrative History Effective date: October 20, 2008 (35:21 Md. R. 1827). Regulation .02D amended effective March 21, 2011 (38:6 Md. R. 396). Regulation .05B amended effective April 19, 2010 (37:8 Md. R. 619) ―. Chapter revised effective January 13, 2020 (47:1 Md. R. 16).
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