13A.17.02.01

.01 Letter of Compliance — General Requirements.

A. Requirement to be Licensed or Hold a Letter of Compliance. A tax-exempt religious organization that operates a nursery school or child care program in a school building used exclusively for children who are enrolled in that school, is required to be licensed under COMAR 13A.16 or to hold a letter of compliance in accordance with the requirements of this subtitle.

B. General Requirements.

(1) A letter of compliance:

(a) Is nontransferable; and

(b) Remains the property of the office.

(2) The operator shall surrender the letter of compliance to the office immediately if any of the following occurs or becomes effective:

(a) The operator closes the facility permanently;

(b) The letter of compliance is suspended;

(c) The letter of compliance is revoked;

(d) The operator has not applied for a continuing letter of compliance before the expiration date of the initial letter of compliance; or

(e) The letter of compliance expires and an application for a continuing letter of compliance is denied.

C. The operator may not allow an employee, staff member, substitute, or volunteer to:

(1) Be assigned to a group of children or have access to a child in care until the individual has successfully passed the child abuse and neglect clearance and a federal or State criminal background check; or

(2) Be alone with a child or group of children until all checks have been successfully passed.