Sec. 13a.17.15.07. Revocation  


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  • 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:

    (a) Prohibitions on the use of an individual as an employee, substitute, or volunteer as set forth, respectively, in COMAR 13A.17.06.03A and B and COMAR 13A.17.06.07B; or

    (b) Child security requirements set forth in COMAR 13A.17.07.06;

    (5) The terms or conditions of an intermediate sanction have been violated;

    (6) Violations required to be corrected during a period of suspension have not been corrected and the period has ended;

    (7) 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

    (b) Operator has failed to meet the requirements for reinstatement of the continuing letter of compliance; or

    (8) The evaluation of information provided to or acquired by the office indicates that the operator is unable to care for the welfare of children.

    B. If the office decides to revoke a letter of compliance, the office shall notify the operator in writing 20 calendar days before the effective date of the revocation, stating:

    (1) The effective date of the revocation;

    (2) The reason for revocation;

    (3) The regulatory violation which is the basis for the revocation;

    (4) That the operator shall stop providing child care unless a hearing is requested in writing within 20 days of the date of the revocation notice;

    (5) That the operator may request a hearing;

    (6) That the revocation shall be stayed if a hearing is requested within 20 days of the date of the revocation notice;

    (7) That, if the revocation is upheld by the Office of Administrative Hearings following the hearing, the operator shall cease providing child care; and

    (8) That the operator is required to surrender the letter of compliance to the office when the revocation becomes effective.

    C. The office shall notify the parents of the children in care of the revocation.