Sec. 14.31.05.09. Sanctions

A. Causes for Sanctions.

(1) The licensing agency may impose sanctions on a program, regardless of whether acorrective action plan is required in accordance with Regulation .08A of this chapter, for violations of the regulations of this chapter, COMAR 14.31.06 or 14.31.07, or any combination of these.

(2) Sanctions may also be imposed for:

(a) Misrepresentations of fact to the licensing agency, a placing agency, the Office for Children, or the Interagency Rates Committee;

(b) Submission of false financial information to the licensing agency, the Office for Children, or the Interagency Rates Committee;

(c) Failure to cooperate with the monitoring activities of the licensing agency or placing agencies under Regulation .06 of this chapter;

(d) Failure to prepare or implement an adequate corrective plan under Regulation .08 of this chapter when found to be in noncompliance with the licensing standards of COMAR 14.31.06; or

(e) Violations of other federal or State laws or regulations that jeopardize the safety or welfare of the program's residents.

B. Types of Sanctions.

(1) Sanctions may include the suspension, revocation, and limitation of the program's license.

(2) Limitations on a license may include restrictions on the:

(a) Number of children served by the program;

(b) Diagnostic and other characteristics of the population served by the program; and

(c) Elements of the program's services for which corrective action is deemed necessary by the licensing agency.

C. Revocation.

(1) Except as set forth in §D of this regulation, the licensing agency shall give the licensee notice of the intended revocation at least 20 days before a license is revoked.

(2) The licensing agency shall include in the notice:

(a) A statement of the regulation violated and the nature of the violation;

(b) The effective date of the revocation; and

(c) A statement describing the licensee's right under Regulation .10 of this chapter to a hearing before the revocation.

(3) Unless the licensee files an appeal of the revocation under Regulation .10 of this chapter, the licensing agency shall:

(a) Notify the placing agency of the revocation at least 20 days before the intended revocation; and

(b) Advise the placing agency to remove the children by the revocation date.

(4) Unless the licensee files an appeal under Regulation .10 of this chapter, the licensee shall relinquish care of the children in the program to the placing agency by the revocation date.

D. Other Sanctions.

(1) The licensing agency may suspend or limit a license for a violation of these regulations, which the licensing agency determines can be corrected within the period of suspension or limitation.

(2) Except as set forth in §E of this regulation, the licensing agency shall give the licensee notice of the intended action at least 20 days before a license is suspended or limited.

(3) The licensing agency shall include in the notice:

(a) A statement of the regulation violated and the nature of the violation;

(b) For proposed license suspensions:

(i) The length of the suspension; and

(ii) The effective date of the suspension;

(c) For proposed license limitation:

(i) The nature of the limitation on the program's license;

(ii) The duration of the limitation; and

(iii) The effective date of the limitation;

(d) Information about the licensee's responsibility to submit to the licensing agency a corrective action plan; and

(e) A statement describing the licensee's right under Regulation .10 of this chapter to a hearing before the imposition of the suspension or limitation.

(4) Unless the licensee files an appeal of the suspension or license limitation under Regulation .10 of this chapter, the licensing agency shall:

(a) Notify the placing agency of the intended suspension or limitation at least 20 days before a license is suspended or limited; and

(b) Advise the placing agency to remove the children by the effective date.

(5) Unless the licensee files an appeal under Regulation .10 of this chapter, the licensee shall:

(a) By the suspension date, relinquish care of the children in the program to the placing agency; or

(b) By the license limitation date, modify the program's operations in accordance with the license limitation, including relinquishment of the care of children to the placing agency as necessary.

E. Emergency Action.

(1) Notwithstanding any other requirement of these regulations, if the licensing agency determines that action is necessary to protect the health, safety, or welfare of the children or the general public, the licensing agency, without prior notice, may suspend, revoke, or limit a license pursuant to State Government Article, §10-226(c)(2), Annotated Code of Maryland.

(2) If the licensing agency takes an emergency action, the licensing agency shall deliver to the licensee a notice that includes:

(a) A statement of the specific regulation violated and the nature of the violation;

(b) A description of the action being taken by the licensing agency;

(c) For emergency suspensions, information about the licensee's responsibility to submit to the licensing agency a plan of correction; and

(d) A statement describing the licensee's right under Regulation .10 of this chapter to a hearing after the emergency action.

(3) The licensing agency shall notify the placing agency of the emergency action and advise the placing agency to remove the children immediately.

(4) The licensee shall relinquish care of the children in the program to the placing agency.

F. Court Action. If the licensee does not relinquish care of the children as set forth under §§B-E of this regulation, the licensing agency shall take appropriate court action to enjoin the licensee from further caring for the children, including, if applicable, requesting that criminal action be taken pursuant to State law.