<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".06" citation="COMAR 13A.17.02.06" title_num="13A" subtitle_num="17" chapter_num="02" heading="Denial of Letter of Compliance.">
  <paragraph num="A.">
    <text>An office may deny an application for an initial letter of compliance or a continuing letter of compliance if:</text>
    <paragraph num="(1)">
      <text>The applicant or the building in which child care is provided fails to meet the requirements of this subtitle;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An evaluation of the application form, medical documents, or any documents required by the office reveals that the applicant reported false information;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The applicant has a history of regulatory violations that demonstrates an inability to provide for the health or safety of children;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The applicant has previously had a family day care registration, child care center license, or letter of compliance denied or revoked by the office, unless the office is satisfied that the condition that was the basis for the denial or revocation has been corrected;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The applicant prevents the office from completing its responsibilities for issuing a letter of compliance;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>An evaluation of criminal records or records of abuse or neglect of children and adults indicates, for those identified in Regulation .02A(3) and B(1) of this chapter, behavior harmful to children; or</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The office concludes that the applicant cannot provide for the health, safety, or welfare of the children in care on the basis of:</text>
      <paragraph num="(a)">
        <text>Substantial, credible evidence of the applicant's abuse of alcohol or a controlled dangerous substance, mental instability, or other condition; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Other pertinent information received by the office that creates reasonable doubt as to the applicant's ability to provide child care in accordance with this subtitle.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>If the office denies an application, the office shall notify the applicant in writing by certified mail of the denial, stating the:</text>
    <paragraph num="(1)">
      <text>Reason for denial;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Specific regulation with which the applicant has failed to comply that is the basis for the denial;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Applicant's right to request a hearing; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Procedure to be used if the applicant wishes to request a hearing to appeal the decision of the office.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Denial Before Complete Application.</text>
    <paragraph num="(1)">
      <text>The office may deny an application for an initial or a continuing letter of compliance at any point during the application process if, following evaluation of information received to that point, the office determines that a basis for denial exists as set forth in §A of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the office decides to deny the application before the application process is complete, the office shall send written notice of that decision to the applicant within 30 calendar days after making the decision.</text>
    </paragraph>
  </paragraph>
</regulation>