Md. Code Regs. 07.05.01.19

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.05.01.19 - Suspension

A. The Administration may suspend an agency's license for a violation of regulations in this chapter and, as appropriate, COMAR 07.02.21, 07.05.02, and 07.05.03.

B. Suspension of an agency license requires that the agency cease all services and that all children in the agency's care be placed in other settings by:

(1) Referring agencies;

(2) The children's legal guardian; or

(3) The children's parents.

C. The Administration may not suspend a license for longer than 60 days except as provided in §E of this regulation.

D. The Administration shall:

(1) Before the suspension effective date, consult regarding the correction plan with the agency's:

(a) Chief administrator;

(b) Governing board; and

(c) Any other appropriate agency employee;

(2) Except as set forth in Regulation .21 of this chapter, at least 20 days before a license is suspended, give:

(a) The agency notice of the intended suspension which shall include:

(i) A statement of the regulation violated and the nature of the violation,

(ii) The effective date and terms of the suspension,

(iii) Information about the agency's responsibility to submit a correction plan to the Administration, and

(iv) A statement describing the agency's right to an appeal hearing before the suspension effective date; and

(b) Written notification of the suspension to the following parties:

(i) All adults receiving services from the agency,

(ii) All local departments,

(iii) The Governor's Office for Children, Youth, and Families,

(iv) The Department of Juvenile Services,

(v) The Department of Health and Mental Hygiene,

(vi) The Department of Education, and

(vii) All affected agencies, courts, organizations, and individuals known to the Administration;

(3) Review the correction plan by the suspension effective date;

(4) Inform the agency in writing if the correction plan is or is not approved;

(5) Restore the license if the agency fulfills the conditions of the approved correction plan during the suspension period; and

(6) Send the agency a notice of revocation if the agency fails to:

(a) Submit an approved correction plan; or

(b) Comply with the provisions of an approved correction plan during the suspension period.

E. The Administration may:

(1) Upon written request of the agency and for good cause, extend the time by 15 days when the agency shall implement its correction plan; and

(2) Continue to hold the license in suspension during the extension period.

F. The agency shall:

(1) Unless it files an appeal by the suspension effective date:

(a) Relinquish care of the children in the program, and

(b) Cease services to all adults and children;

(2) Submit a correction plan to the Administration at least 10 days before the suspension effective date; and

(3) Implement the correction plan within the suspension period.

Md. Code Regs. 07.05.01.19