Md. Code Regs. 13A.17.16.03

Current through Register Vol. 51, No. 22, November 1, 2024

Section 13A.17.16.03 - 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

(iii) A limitation on the ages or numbers of children who may be admitted to the child care center;

(2) An individual requests a hearing to contest the imposition of civil penalties for providing child care or advertising child care services without a valid letter of compliance; or

(3) An individual requests a hearing to contest the prohibition of employment at a facility holding a letter of compliance.

B. Non-emergency Action Hearing Requests.

(1) All non-emergency action hearing requests shall be forwarded in writing to the Office and shall state the name and address of the holder of the letter of compliance or the individual contesting the imposition of a civil penalty, and the effective date and nature of the action appealed from.

(2) A hearing request shall be filed not later than 20 days after the date of the notice of the action taken by the Office.

(3) The Office shall forward a hearing request to the Office of Administrative Hearings within 10 days of the filing date.

(4) A hearing decision shall be rendered within 90 days of the filing date.

(5) Any non-emergency action is stayed if a hearing request is timely filed, unless the action is:

(a) A revocation that immediately follows an emergency suspension period; or

(b) A denial which follows the expiration of the provisional period of a letter of compliance that was issued on a provisional basis.

C. Emergency Action Hearing Requests.

(1) All emergency action hearing requests shall be filed with the Office within 30 days of the hand delivery of the notice of the Office's action, and shall state the name and address of the licensee or holder of the letter of compliance, and the effective date and action appealed from.

(2) The Office shall notify the Office of Administrative Hearings at once upon receipt of an emergency action hearing request. Oral notification shall be followed by written notification within 24 hours.

(3) A hearing request shall not stay an emergency action.

(4) A hearing shall be conducted within 7 days of the filing date of the hearing request.

(5) A decision by the administrative law judge shall be rendered within 7 days after the conclusion of the hearing.

Md. Code Regs. 13A.17.16.03

Regulations .03 adopted as an emergency provision effective February 20, 1991 (18:5 Md. R. 589); emergency status expired August 20, 1991
Regulations .03 adopted effective September 2, 1991 (18:17 Md. R. 1916)
Regulation .03B amended effective December 17, 2007 (34:25 Md. R. 2213)
Regulation .03B amended effective March 21, 2011 (38:6 Md. R. 396)
Regulation .03C amended effective April 19, 2010 (37:8 Md. R. 619); amended effective 47:1 Md. R. 16, eff. 1/13/2020