# COMAR Title 10 — Maryland Department of Health

## Subtitle 01 — Procedures

### Chapter 13 — Procedures for Interagency Coordination for Licensing Residential Child Care Facilities

**Authority:** Health-General Article, §§2-104(b), 7-714, 7-903, 8-403, 8-404, 10-204, 10-514—10-524, and 10-920—10-926, Annotated Code of Maryland

**Administrative History:** Effective date: October 11, 1993 (20:20 Md. R. 1571)

#### Regulation .01 Scope.

*COMAR 10.01.13.01*

An applicant for a license for a residential child care facility or a residential child care program may seek a variance or waiver under this regulation. This chapter applies to licenses regulated by COMAR 10.22.03, 10.22.11, 10.22.14, 10.23.02, and 10.47.01 if the population of the facility is comprised of at least 90 percent children and if they are not regulated by the Health Resources Planning Commission through the Certificate of Need process.

#### Regulation .02 Definitions.

*COMAR 10.01.13.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Secretary” means the Secretary of Health.

  (2) “Variance” means an alternative procedure to satisfy a specific licensing regulation.

  (3) “Waiver” means the setting aside of a specific licensing regulation.

#### Regulation .03 Application for Variance.

*COMAR 10.01.13.03*

A. An applicant for a license under the chapters listed in Regulation .01, of this chapter, may request a variance to specific licensing regulations.

B. An application for a variance shall:

  (1) Be written;

  (2) Contain specific details of the alternative procedures proposed by the applicant; and

  (3) Demonstrate that the alternative procedures proposed shall:

    (a) Meet or produce the intended effects of each regulation for which the variance is requested and

    (b) Maintain the health, safety, and well-being of children in the facility at or above the level required by each regulation for which the variance is requested.

#### Regulation .04 Department Action on Application for Variance.

*COMAR 10.01.13.04*

A. Upon consideration of an application for variance, the Secretary may grant the request for a variance, if the:

  (1) Applicant has submitted an application in accordance with the provisions of Regulation .03 of this chapter;

  (2) Applicant has complied with all other applicable licensing regulations of the Department; and

  (3) Secretary determines that the alternative procedure proposed by the applicant shall:

    (a) Meet or produce the intended effect of the regulation, and

    (b) Maintain the health, safety, and well-being of children in the facility at or above the level required by the regulation at issue.

B. The determination of the Secretary upon the application for variance shall be in writing, and mailed to the applicant within 60 days of the date the application for variance is received by the Department.

C. If granted, the variance may remain in effect for the term of the license and may be renewed upon application of the licensee when the license is renewed.

#### Regulation .05 Application for Waiver.

*COMAR 10.01.13.05*

A. An applicant for a license under the COMAR chapters listed in Regulation .01, of this chapter, may request a waiver of specific provisions of licensing regulations.

B. An application for a waiver shall:

  (1) Be written;

  (2) Contain specific facts upon which the waiver is requested; and

  (3) Demonstrate that:

    (a) The waiver is necessary to meet the requirements of any federal child care licensing program; or

    (b) Enforcement of the regulation for which a waiver is requested is contrary to the purposes of the statute under which the regulations are promulgated, and it would be unduly burdensome and inequitable for the applicant to comply with the provisions of the regulation for which a waiver is requested.

#### Regulation .06 Department Action on Application for Waiver.

*COMAR 10.01.13.06*

A. The Secretary may grant a waiver of provisions of the applicable licensing regulation if the:

  (1) Applicant has filed a written request for a waiver in accordance with Regulation .05 of this chapter;

  (2) Waiver is not inconsistent with the purposes and provisions of the statute under which the regulations are promulgated, and the health, safety, and well-being of the children in the facility will not be jeopardized solely by the granting of the waiver; and

  (3) Applicant has demonstrated the facts required in Regulation .05B(3) of this chapter.

B. The determination of the Secretary upon the application for waiver shall be in writing, and mailed to the applicant within 60 days of the date the application for the waiver is received by the Department.

C. If granted, the waiver may remain in effect for the term of the license and may be renewed upon application of the licensee when the license is renewed.

#### Regulation .07 Appeals.

*COMAR 10.01.13.07*

An applicant aggrieved by a determination of the Secretary upon an application for waiver or variance may file an appeal of the determination in accordance with the Administrative Procedure Act, State Government Article, §§10-201—10-405, Annotated Code of Maryland, and the Department's regulations governing administrative appeals taken pursuant to the Administrative Procedure Act.