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2005 LAWS OF MARYLAND
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Ch. 585
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5-554.
(a) A registration under this Part V of this subtitle may be revoked, a day care
provider may appeal from the revocation, and the operation of an unregistered family
day care home may be enjoined.
(b) (1) Revocation, appeal, or injunction under this Part V of this subtitle
shall be in accordance with §§ 5-513, 5-515, 5-516, 5-517, 5-518, and 5-519 of this
subtitle.
(2) Subject to paragraph (1) of this subsection, the [Secretary of the
Department or the Secretary's designee] STATE SUPERINTENDENT OR THE STATE
SUPERINTENDENT'S DESIGNEE shall exercise the authority granted to the
[Administration or the Director of the Administration] DEPARTMENT.
5-554.1.
(a) The [Secretary] STATE SUPERINTENDENT or other authorized official or
employee of the Department [of Human Resources] may apply to a judge of the
District Court or a circuit court for an administrative search warrant to enter any
unregistered family day care home to conduct any inspection required or authorized
by law to determine compliance with the provisions of this subtitle relating to family
day care homes.
(b) (1) The application for an administrative search warrant shall be in
writing and signed and sworn by the [Secretary] STATE SUPERINTENDENT and shall
particularly describe the place, structure, premises, or records to be inspected and the
nature, scope, and purpose of the inspection to be conducted.
(2) Before the filing of an administrative search warrant application
with a court, the application shall be approved by the Attorney General of Maryland
as to its legality in both form and substance under the standards and criteria of this
section and a statement to this effect shall be included as part of the application.
(c) A judge of a District Court or circuit court in the jurisdiction in which the
unregistered family day care home is located may issue an administrative search
warrant on finding that:
(1) the Department has reasonably sought and been denied access to an
unregistered family day care home for the purpose of making an inspection;
(2) the requirements of subsection (b) of this section are met;
(3) the official or employee of the Department is authorized or required
by law to make an inspection of the unregistered family day care home for which the
warrant is sought; and
(4) probable cause for the issuance of the warrant has been
demonstrated by the Department by specific evidence:
(i) of an existing violation of § 5-552 of this subtitle; and
- 3334 -
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