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13a.17.16.00.htm 13A.17.16.00. Title 13A STATE BOARD OF EDUCATION Subtitle 17 CHILD CARE ― LETTERS OF COMPLIANCE Chapter 16 Administrative Hearings 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. §6081 et seq. Child C
13a.17.16.01.htm 13A.17.16.01. 01 Scope.. A. This chapter applies to hearings concerning actions taken by the Office of Child Care which adversely impact child care center licenses and letters of compliance. These actions include denials, suspensions, and revocations of licenses or letters of compliance, as well as reductions in capacity, limitations on the ages or numbers of children who may be admitted to the child care center, the imposition of civil penalties for providing or advertising child care services
13a.17.16.02.htm 13A.17.16.02. 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.3) “Applicant" means an individual applying for a license or letter of comp
13a.17.16.03.htm 13A.17.16.03. 03 Hearing Requests.. A. A hearing shall be held when:. 1) An applicant or holder of a letter of compliance requests a hearing to contest:. a) The denial of an application for a letter of compliance;. b) A revocation or suspension of a letter of compliance; or. c) Any other action that adversely impacts the holder of the letter of compliance, including, but not limited to:i) The setting of capacity at a number below that requested;. ii) A reduction in capacity; or.
13a.17.16.04.htm 13A.17.16.04. 04 Preliminary Conference.. A. A preliminary conference may be held before a hearing on an action if an appellant requests the conference.B. The conference is optional and does not replace the hearing process.. C. The conference may be attended by a representative of the Office and the appellant.. 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 withdrawal of the hearing req
13a.17.16.05.htm 13A.17.16.05. 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 holder of the letter of compliance; or. 2) 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.17.16.06.htm 13A.17.16.06. 06 Hearing and Appeal Procedures.. A. Notice to Appellant.. 1) For non-emergency action 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 action 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.17.16.07.htm 13A.17.16.07. 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.17.16.08.htm 13A.17.16.08. 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 the Office reached the Office's 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
13a.17.16.9999.htm 13A.17.16.9999. Administrative History Effective date:. Regulations .01―08 adopted as an emergency provision effective February 20, 1991 (18:5 Md. R. 589) emergency status expired August 20, 1991Transferred from COMAR 07.04.04 to 13A.14.04 effective January 1, 2006. Regulation .02B amended effective December 17, 2007 (34:25 Md. R. 2213). Regulation .03B amended effective December 17, 2007 (34:25 Md. R. 2213). Regulation .06A amended effective December 17, 2007 (34:25 Md. R. 2213) ―.
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