Chapter 16. Public Access to Licensing Records

“Confirmed complaint” means a determination by the Department or office after an investigation that the violation of a regulation of this subtitle that was alleged in the complaint has occurred or is occurring.

“Custodian of record” means an authorized individual employed by the Department or office who has physical custody and control of licensing records.

“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 the registering of a person or a child care home to provide child care.

“Official custodian of record” means the Superintendent or the Superintendent's designee who is responsible for the maintenance, care, and storage of the Department's licensing records.

“Requester” means an individual, business, corporation, partnership, association, organization, or governmental agency that requests inspection of, or information from, licensing records.

“Sociological information” means any of the following information about a provider, a staff member, a volunteer, or a resident in the child care home:

“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.

Findings of inspections conducted by the office in registered child care homes;

Records of complaint forms pertaining to confirmed or unsubstantiated complaints;

Copies of certificates of registration, including those on provisional status;

Variances;

Correspondence and documents requiring abatement of noncompliance with the regulations of this subtitle, including compliance agreements;

Correspondence and documents pertaining to enforcement actions taken by the Department or office against a provider or a child care home, including denial letters, sanctions, emergency suspensions, and revocations; and

Correspondence regarding requests for inspection of licensing records under this regulation.

To public employees in the performance of their public duties;

To parties litigating claims for unemployment insurance to the extent the sociological information would be available to private parties in litigation; or

When required by a duly issued subpoena.

Conduct a physical inspection of licensing records; or

Obtain a written or electronic:

Contain the applicant’s name, address, and telephone number; and

Reasonably identify by brief description the record sought.

The reproduction of documents sought;

Official or employee time expended searching for requested records; or

Any time expended in preparing records for inspection or copying.