Code of Maryland Regulations
Title 13A - STATE BOARD OF EDUCATION
Subtitle 17 - CHILD CARE-LETTERS OF COMPLIANCE
Chapter 13A.17.02 - Letter of Compliance Application and Maintenance
Section 13A.17.02.04 - Provisional and Conditional Status
Universal Citation: MD Code Reg 13A.17.02.04
Current through Register Vol. 51, No. 19, September 20, 2024
A. Provisional Status.
(1) Except as provided in §A(2) of this regulation, to allow an applicant for an initial or a continuing letter of compliance additional time to meet all applicable requirements, the office may approve an initial or a continuing letter of compliance on a provisional basis for a period of up to 120 days after determining that the health and safety of the children in care are not in imminent danger.
(2) An initial letter of compliance may not be approved if the office has not yet received evidence that the applicant and each individual, as applicable, specified at Regulation .02A(3) and B(1) of this chapter has successfully passed a federal and State criminal background check and a review of child and adult abuse and neglect records.
(3) At the end of the provisional period, if all requirements for the initial or continuing letter of compliance are not met due to:
(a) Failure by the applicant to take an action necessary to achieve compliance, the office shall deny the application for the letter of compliance; or
(b) Circumstances beyond the control of the applicant, the office may continue the provisional status for one or more additional periods of up to 120 days per period, except that provisional status may not be continued for more than 24 months after the start of the first provisional period.
(4) If the office denies a letter of compliance at the end of the provisional period, the applicant or operator does not have a valid letter of compliance and shall cease operating.
B. Conditional Status.
(1) If an operator who holds a continuing letter of compliance fails to remedy a violation as required, the office may place the letter of compliance on conditional status for:
(a) A period of up to 120 days; and
(b) Upon approval by the Agency's central office, an additional period of up to 120 days.
(2) Upon placing a continuing letter of compliance on conditional status, the office shall issue to the operator a revised letter of compliance that states the:
(a) Placement of the letter of compliance on conditional status;
(b) Period of time of the conditional status; and
(c) Requirements for lifting the conditional status.
(3) If the operator satisfies all requirements for lifting the conditional status within the specified period of time, the office shall promptly:
(a) Discontinue the conditional status; and
(b) Reinstate the continuing letter of compliance.
(4) If the operator fails to satisfy all requirements for lifting the conditional status within the specified period of time, the office may suspend or revoke the continuing letter of compliance.
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