Chapter 17. Public Access to Licensing Records
Regulation .01 Definitions.LinkCopy Citation
In this chapter, the following terms have the meanings indicated:
A.
“Confirmed complaint” means a determination by the Department or office after an investigation that the violation of a regulation of this subtitle which was alleged in the complaint has occurred or is occurring.
B.
“Custodian of record” means an authorized individual employed by the Department or office who has physical custody and control of licensing records.
C.
“Licensing records” means all papers, computerized records, correspondence, forms, books, cards, photographs, photostats, films, microfilms, sound recordings, charts, maps, drawings, or other written documents, regardless of physical form or characteristics, maintained or stored by the Department or the office in connection with issuance of a letter of compliance under this subtitle.
D.
“Official custodian of record” means the Superintendent or the Superintendent's designee who is responsible for the maintenance, care, and storage of licensing records.
E.
“Requester” means an individual, business, corporation, partnership, association, organization, or governmental agency which requests inspection of, or information from, licensing records.
F.
“Sociological information” means any of the following information about a licensee or employee of a licensee:
(1)
Social Security number;
(2)
Personal address;
(3)
Personal telephone number;
(4)
Information regarding marital status, dependents, or relatives; and
(5)
Information regarding employment status, including employment application.
G.
“Unsubstantiated complaint” means a complaint of an alleged violation of a regulation of this subtitle that the Department or office, after an investigation, has been unable to confirm as having occurred or to rule out as not having occurred.
Regulation .02 Disclosure of Information from Licensing Records.LinkCopy Citation
A.
Except as prohibited or restricted by applicable law or regulation, the custodian of record may make the following information from licensing records available to a requester:
(1)
Findings of inspections conducted by the office in letter of compliance facilities;
(2)
Record of complaint forms pertaining to confirmed or unsubstantiated complaints;
(3)
Copies of letters of compliance, including those on provisional or conditional status;
(4)
Variances;
(5)
Correspondence and documents requiring abatement of noncompliances with the regulations of this subtitle, including compliance agreements;
(6)
Correspondence and documents pertaining to enforcement actions taken under this subtitle by the Department or office against a letter holder or child care facility, including denial letters, sanctions, emergency suspensions, and revocations; and
(7)
Any correspondence regarding requests for inspection of licensing records under this chapter.
B.
Except as provided by other law, the custodian of record shall permit the licensee, or an authorized representative of the licensee, to inspect the licensee's own record.
C.
The custodian of record may not disclose sociological information to a requester, except that this information may be disclosed:
(1)
To public employees in the performance of their public duties;
(2)
To parties litigating claims for unemployment insurance to the extent the sociological information would be available to private parties in litigation; or
(3)
When required by a duly issued subpoena.
Regulation .03 Request for Information from Licensing Records.LinkCopy Citation
A.
A written request shall be filed with the custodian of record in order to:
(1)
Conduct a physical inspection of licensing records; or
(2)
Obtain a written or electronic:
(a)
Copy of licensing records; or
(b)
Report of information from licensing records that the official custodian of records does not already make available to the general public.
B.
The written request shall:
(1)
Contain the applicant’s name, address, and telephone number; and
(2)
Reasonably identify by brief description the record sought.
C.
The custodian of record may charge a reasonable fee for:
(1)
The reproduction of documents sought;
(2)
Official or employee time expended searching for requested records; or
(3)
Any time expended in preparing records for inspection or copying.
Regulation .04 Compelling Public Purpose.LinkCopy Citation
A compelling public purpose shall exist for the custodian of record to permit inspection of licensing records other than the records specified under General Provisions Article, §4-333(b), Annotated Code of Maryland.
Chapter annotations
Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333;
Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)
Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)
History: Effective date: October 20, 2008 (35:21 Md. R. 1827)
History: Regulation .03 amended effective January 13, 2020 (47:1 Md. R. 16)
History: Regulation .04 amended effective January 13, 2020 (47:1 Md. R. 16)