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KAREN DAVIS v. MARYLAND STATE DEPARTMENT OF EDUCATION OFFICE OF CHILD CARE

Karen Davis (“Ms. Davis”), appellant, appeals a judgment of the Circuit Court for Baltimore County which affirmed the decision of an Administrative Law Judge (“ALJ”) in a case in which the Maryland State Department of Education Office of Child Care (the “Office of Child Care”), appellee, denied Ms. Davis’s application for a Large Family Child Care Home Certificate of Registration. The Office of Child Care took the position that it properly denied Ms. Davis’s application, pursuant to its regulations, based on Ms. Davis’s history of having had a prior license revoked. When Ms. Davis appealed the denial of her application for a new license, an ALJ agreed with the Office of Child Care. Ms. Davis filed a petition for judicial review, and the circuit court affirmed the ruling of the ALJ. Ms. Davis then filed the present appeal.

 

QUESTIONS PRESENTED

Ms. Davis presents three questions for our review:

1. Is the Agency Regulation on which the Agency denied the petitioner’s application unconstitutional on its face because it does not contain any standard that either limits or guides the [A]dministrator’s discretion as to whether the Administrator may deny the applicant’s application because of a previous license revocation that is over six (6) years old at the time of the new application?

2. Assuming that the Agency Regulation is prima facie constitutional did the Agency unconstitutionally apply the Regulation where the Administrator based her decision on the Appellant’s response to Question No. 14 in the Petitioner’s application for the day care license without conducting further investigation?

3. Is the agency’s decision either arbitrary or capricious or unsupported by substantial evidence because the Administrator based her decision on the Appellant’s response to Question No. 14 in the Appellant’s application for the day care license without conducting further investigation?

Read the full opinion here.

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