Ch. 514                                            LAWS OF MARYLAND

(1)  violates a provision of this Part VII or any rule
or regulation adopted under it; or

(2)  does not meet the current requirements for a new
license OR LETTER OF COMPLIANCE.                                                               

(c)  (1) Except as otherwise provided in subsection (d) of
this section, before any action is taken under this section, the
Secretary shall give the individual against whom the action is
contemplated an opportunity for a public hearing before the
Secretary.

(2)  the hearing notice to be given to the individual
shall be sent at least 10 days before the hearing.

(3)  the individual may be represented at the hearing
by counsel.

(d)  (1) (i) the Secretary may suspend the license OR LETTER
OF COMPLIANCE to operate a child care center on an emergency
basis when the Secretary determines that this action is required
to protect the health, safety, or welfare of a child in the child
care center.

(ii) When the Secretary suspends a license OR
LETTER OF COMPLIANCE on an emergency basis, the Secretary shall
deliver written notice of the suspension to the licensee stating
the regulatory basis for the suspension.

(2)  (i) Upon delivery of the emergency suspension
notice, the licensee OR LETTER HOLDER shall cease operation of
the child care center within 72 hours.

(ii) The emergency suspension shall be stayed
if the licensee OR LETTER HOLDER requests in writing, and within
72 hours of delivery of the notice, a hearing before the
Secretary.

(3)  (i) If a hearing is requested by the licensee OR
LETTER HOLDER, the Secretary shall hold a hearing within 7
calendar days of the request for a hearing. The hearing shall be
held in accordance with the Administrative Procedure Act.

(ii) Within 7 calendar days of the hearing a
decision concerning the emergency suspension shall be made by the
Secretary.

(4)  If the emergency suspension order is upheld by
the Secretary, the licensee OR LETTER HOLDER shall cease
operations until it is determined that the health, safety, or
welfare of a child in the child care center is no longer
threatened.

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