E-F. Terms of License/ Section 2. Licensing Requirements and Procedures

E. Waivers. The Department may waive or modify any provision(s) of this rule, unless the provision is mandated by State or Federal statute, as provided in Section 20 of this Rule.

F. Type and term of a License. The type and term of a License issued by the Department must comply with the provisions of this rule.

  1. A provisional License shall be issued by the Department to an Applicant who meets all the following applicable criteria, in accordance with 22 M.R.S. § 7802(A):
    • a. Has not previously operated a Family Child Care Provider in Maine, or has relocated to a new property, or has closed a program and is reopening;
    • b. Complies with all applicable laws and rules for a provisional License; and
    • c. Demonstrates the ability to comply with all applicable laws and rules for a full License.
    • d. A written provisional License may be issued for a term of no less than three (3) months and no more than 12 months.
  2. A full License shall be issued by the Department to an Applicant who complies with the requirements set out in this rule. A full License shall be issued for a term of two (2) years.
  3. A written conditional License may be issued when the Department determines that the Provider has failed to comply with applicable rules and laws. The conditional License must specify the corrections that must be made and the deadline for making each correction. 
    •  a. A conditional License shall be issued for a specific term not to exceed twelve (12) months, or the remaining portion of the term of the previous full License, whichever the Department determines appropriate based on the violations set out in the Directed Plan of Action. 
  4. When a Provider plans a move to a new location, the Provider must submit an application for a License for the new location. A temporary License may be issued by the Department for the new location when: 
    • a. All applicable requirements set out in this rule have been met, except an inspection or other action by a state agency or a contractor of that agency that is required by this rule is delayed; and
    • b. No action or inaction by the Applicant caused a significant delay by that state agency or a contractor of that agency.
    • c. A temporary License shall be issued for a specific term, not to exceed six months.