Capitol Building Maryland Register

Issue Date:  November 18, 2022

Volume 49 •  Issue 24  • Pages 1019 — 1040

IN THIS ISSUE

Governor

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before October 31, 2022 5 p.m.
 
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of October 31, 2022.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

Information About the Maryland Register and COMAR

MARYLAND REGISTER

   The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.

   The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published  in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

   The following information is also published regularly in the Register:

   • Governor’s Executive Orders

   • Attorney General’s Opinions in full text

   • Open Meetings Compliance Board Opinions in full text

   • State Ethics Commission Opinions in full text

   • Court Rules

   • District Court Administrative Memoranda

   • Courts of Appeal Hearing Calendars

   • Agency Hearing and Meeting Notices

   • Synopses of Bills Introduced and Enacted by the General Assembly

   • Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

   The Maryland Register is cited by volume, issue, page number, and date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register issued on April 17, 1992.

CODE OF MARYLAND REGULATIONS (COMAR)

   COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR’s temporary supplement, printing all changes to regulations as soon as they occur. At least once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

   COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

   Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to it. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Maryland Register by an Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depository libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a temporary supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

   For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

   Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references are to State Government Article (SG),

Annotated Code of Maryland):

   • By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see ‘‘Opportunity for Public Comment’’ at the beginning of all regulations appearing in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10-112)

   • By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10-123)

   • By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3)

   • By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)

   • By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7-213)

 

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland 21401. Tel. 410-260-3876. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor, Maryland Register and COMAR; Elizabeth Ramsey, Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

 

     Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.


 

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register ...................................................................  1022

 

COMAR Research Aids

Table of Pending Proposals .........................................................  1023

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

10        Maryland Department of Health ......................................  1028

11        Department of Transportation ..........................................  1031

12        Department of Public Safety and Correctional Services ...  1027

13A     State Board of Education .................................................  1032

15        Maryland Department of Agriculture ..............................  1027

 

PERSONS WITH DISABILITIES

Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.

 

The Governor

EXECUTIVE ORDER 01.01.2022.07

Inter-Agency Heroin and Opioid Coordinating Council —
   (Amends Executive Order 01.01.2022.05) ...........................
 1025

 

Final Action on Regulations

12  DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

CORRECTIONAL TRAINING COMMISSION

General Regulations .  1027

15 MARYLAND DEPARTMENT OF AGRICULTURE

SOIL AND WATER CONSERVATION

Agricultural Operation Nutrient Management Plan
   Requirements
.  1027

 

Proposed Action on Regulations

10 MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Telehealth Services .  1028

Remote Patient Monitoring .  1028

11 DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION—DRIVER
   LICENSING AND IDENTIFICATION DOCUMENTS

Proof of Age, Full Name, Identity, Maryland Residence, and
   Lawful Status ........................................................................
 1031

13A  STATE BOARD OF EDUCATION

FAMILY CHILD CARE

Scope and Definitions .  1032

Operational Requirements .  1032

Educational Programs in Nonpublic Nursery Schools .............  1032

Inspections, Complaints, and Enforcement ..............................  1032

Administrative Hearings .  1032

Public Access to Licensing Records .  1032

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Notice of Final Determination — General Permit for
   Stormwater Discharges Associated with Industrial
   Activity ..............................................................................
 1037

Water Quality Certification 22-WQC-0027 .........................  1038

 

General Notices

MARYLAND DEPARTMENT OF HEALTH/MARYLAND
   LOAN ASSISTANCE REPAYMENT PROGRAM
   ADVISORY COUNCIL FOR PHYSICIANS AND
   PHYSICIAN ASSISTANTS

Public Meeting .........................................................................  1039

DEPARTMENT OF INFORMATION TECHNOLOGY/4Q
   RADIO CONTROL BOARD

Public Meeting .  1039

DEPARTMENT OF INFORMATION TECHNOLOGY/4Q
   RADIO CONTROL BOARD SYSTEM MANAGERS

Public Meeting .  1039

DEPARTMENT OF INFORMATION TECHNOLOGY/4Q
   RADIO CONTROL BOARD SYSTEM USERS

Public Meeting .  1039

MARYLAND INSURANCE ADMINISTRATION

Public Hearing .  1039

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .........................................................................  1039

SPORTS WAGERING APPLICATION REVIEW
   COMMISSION

Public Meeting .........................................................................  1039

MARYLAND DEPARTMENT OF TRANSPORTATION/
   OFFICE OF MINORITY BUSINESS ENTERPRISE

Public Meeting .........................................................................  1040

 

 

COMAR Online

        The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR.

        The Maryland Register is also available at www.dsd.state.md.us.

        For additional information, visit www.dsd.maryland.gov, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.


Availability of Monthly List of
Maryland Documents

        The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

        Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

 

CLOSING DATES AND ISSUE DATES THROUGH
JANUARY 2023

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

2022

December 2

November 14

November 21

November 23

December 16

November 28

December 5

December 7

December 30

December 12

December 19

December 21

2023

January 13

December 23**

December 30**

January 4

January 27

January 9

January 13**

January 18

 

   Please note that this table is provided for planning purposes and that the Division of State Documents (DSD) cannot guarantee submissions will be published in an agency’s desired issue. Although DSD strives to publish according to the schedule above, there may be times when workload pressures prevent adherence to it.

*   Also note that proposal deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. The due date for documents containing 8 to 18 pages is 48 hours before the date listed; the due date for documents exceeding 18 pages is 1 week before the date listed.

NOTE:  ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT REFLECTS THIS FORMATTING.

** Note closing date changes.

***    Note issue date changes.

The regular closing date for Proposals and Emergencies is Monday.

 


RegCodificationSystem


Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

   This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals

   The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by “(err)”. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

 


03 COMPTROLLER OF THE TREASURY

 

03.02.01.03—.07,.09,.11—.22 • 49:21 Md. R. 954 (10-7-22)

03.02.03.01—.08 • 49:21 Md. R. 954 (10-7-22)

03.02.05.01—.12 • 49:21 Md. R. 954 (10-7-22)

03.02.06.01—.05 • 49:21 Md. R. 954 (10-7-22)

 

07 DEPARTMENT OF HUMAN SERVICES

 

07.02.01.10 • 49:9 Md. R. 532 (4-22-22)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.01.13 • 49:18 Md. R. 821 (8-26-22)

08.02.04.11 • 49:15 Md. R. 742 (7-15-22)

                      49:18 Md. R. 855 (8-26-22) (err)

08.02.25.06 • 49:20 Md. R. 914 (9-23-22)

08.03.03.01 • 49:22 Md. R. 981 (10-21-22)

08.07.03.03 • 49:16 Md. R. 759 (7-29-22)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.03.12.01—.10,.13,.14 • 49:2 Md. R. 81 (1-14-22)

09.12.32.01—06 • 49:21 Md. R. 953 (10-7-22)

09.13.06.02,.04,.05 • 49:20 Md. R. 915 (9-23-22)

09.32.07.02—.04,.08 • 49:17 Md. R. 798 (8-12-22)

09.32.12.01—.05 • 49:17 Md. R. 798 (8-12-22)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitle 09 (2nd volume)

 

10.09.28.01—.06 • 49:19 Md. R. 870 (9-9-22)

10.09.31.01,.03—.06 • 49:22 Md. R. 982 (10-21-22)

10.09.34.01—.04,.06 • 49:19 Md. R. 874 (9-9-22)

10.09.41.04,.07 • 49:16 Md. R. 762 (7-29-22)


10.09.49.03—.10 • 49:24 Md. R. 1028 (11-18-22)

10.09.95.05 • 49:23 Md. R. 999 (11-4-22)

10.09.96.01,.02,.05,.06 • 49:24 Md. R. 1028 (11-18-22)

 

     Subtitles 10—22 (3rd volume)

 

10.21.01.04,.08 • 49:23 Md. R. 1000 (11-4-22)

 

     Subtitles 23—36 (4th volume)

 

10.25.17.01—.05 • 49:19 Md. R. 876 (9-9-22)

10.25.19.02—.04,.07,.08 • 49:20 Md. R. 916 (9-23-22)

10.32.01.03 • 49:16 Md. R. 768 (7-29-22)

10.32.02.03 • 49:16 Md. R. 768 (7-29-22)

10.32.02.10 • 49:16 Md. R. 769 (7-29-22)

 

     Subtitles 37—52 (5th volume)

 

10.37.10.26 • 49:18 Md. R. 822 (8-26-22)

 

     Subtitles 53—68 (6th volume)

 

10.67.06.26-6 • 49:22 Md. R. 982 (10-21-22)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.07.07.02,.06,.09 • 49:23 Md. R. 1001 (11-4-22)

 

     Subtitles 11—23 (MVA)

 

11.14.08.01—.20 • 49:19 Md. R. 787 (9-9-22)

                               49:20 Md. R. 918 (9-23-22) (corr)

11.17.09.08 • 49:24 Md. R. 1031 (11-18-22)

 


12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.09.01—.07 • 49:23 Md. R. 1002 (11-4-22)

12.04.10.01—.05 • 49:23 Md. R. 1005 (11-4-22)

 

13A STATE BOARD OF EDUCATION

 

13A.03.02.02,.04,.06,.07,.09,.09-1 • 49:9 Md. R. 533 (4-22-22)

13A.07.06.01—.15 • 49:1 Md. R. 39 (1-3-22) (ibr)

13A.07.14.03 • 48:25 Md. R. 1091 (12-3-21) (err)

13A.12.01.01—.14 • 49:2 Md. R. 92 (1-14-22)

13A.12.02.01—.29 • 49:2 Md. R. 92 (1-14-22)

13A.12.03.01—.12 • 49:2 Md. R. 92 (1-14-22)

13A.12.04.01—.16 • 49:2 Md. R. 92 (1-14-22)

13A.12.05.01—.15 • 49:2 Md. R. 92 (1-14-22)

13A.12.06.01—.09 • 49:2 Md. R. 92 (1-14-22)

13A.12.07.01—.08 • 49:2 Md. R. 92 (1-14-22)

13A.15.01.02 • 49:24 Md. R. 1032 (11-18-22)

13A.15.04.03 • 49:24 Md. R. 1032 (11-18-22)

13A.15.13.01—.10 • 49:24 Md. R. 1032 (11-18-22)

13A.15.14.01—.09 • 49:24 Md. R. 1032 (11-18-22)

13A.15.15.01—.08 • 49:24 Md. R. 1032 (11-18-22)

13A.15.16.01—.04 • 49:24 Md. R. 1032 (11-18-22)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.08.01.02 • 49:16 Md. R. 772 (7-29-22)

13B.08.13.03 • 49:17 Md. R. 802 (8-12-22)

13B.08.14.02,.06,.07 • 49:17 Md. R. 803 (8-12-22)

 

14 INDEPENDENT AGENCIES

 

14.04.09.01—.04 • 49:9 Md. R. 536 (4-22-22)

14.22.01.03 • 49:23 Md. R. 1010 (11-4-22)

14.23.01.01—.19 • 49:21 Md. R. 954 (10-7-22)

14.23.02.01—.09 • 49:21 Md. R. 954 (10-7-22)

14.23.03.01,.02 • 49:21 Md. R. 954 (10-7-22)

14.23.04.01—.12 • 49:21 Md. R. 954 (10-7-22)

14.23.05.01—.05 • 49:21 Md. R. 954 (10-7-22)

14.35.19.04 • 49:18 Md. R. 831 (8-26-22)

14.39.02.06 • 49:23 Md. R. 1011 (11-4-22)

14.39.07.01—.17 • 49:19 Md. R. 887 (9-9-22)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.03.01.02 • 49:18 Md. R. 832 (8-26-22) (ibr)

15.03.02.01 • 49:18 Md. R. 832 (8-26-22) (ibr)

15.14.10.02,.05 • 49:20 Md. R. 920 (9-23-22)

15.14.16.02—.04 • 49:20 Md. R. 921 (9-23-22)

 

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

 

18.03.02.01 • 49:19 Md. R. 891 (9-9-22)

18.03.06.02 • 49:19 Md. R. 892 (9-9-22)

18.04.02.04 • 49:19 Md. R. 892 (9-9-22)

18.04.05.02 • 49:19 Md. R. 893 (9-9-22)

18.04.06.01 • 49:19 Md. R. 893 (9-9-22)

18.04.07.02 • 49:19 Md. R. 893 (9-9-22)

18.04.08.02,.03,.06,.07 • 49:19 Md. R. 894 (9-9-22)

18.04.10.05 • 49:19 Md. R. 895 (9-9-22)

18.04.12.01—.03 • 49:21 Md. R. 963 (10-7-22)

18.11.01.01—.05 • 49:19 Md. R. 895 (9-9-22)

18.18.01.01—.06 • 49:20 Md. R. 922 (9-23-22)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 01—07 (Part 1)

 

26.04.13.01—.05 • 49:20 Md. R. 923 (9-23-22)

 

     Subtitles 08—12 (Part 2)

 

26.11.18.05 • 49:20 Md. R. 927 (9-23-22)

26.11.20.02 • 49:20 Md. R. 927 (9-23-22)

26.12.01.01 • 49:17 Md. R. 805 (8-12-22) (ibr)

 

29 DEPARTMENT OF STATE POLICE

 

29.04.02 • 49:11 Md. R. 617 (5-20-22) (err)

29.04.02.01—.13 • 49:10 Md. R. 584 (5-6-22)

29.06.01.02,.06—.09 • 49:10 Md. R. 588 (5-6-22) (ibr)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.02.01 • 49:19 Md. R. 896 (9-9-22) (ibr)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.01.02.01,.03,.05 • 49:16 Md. R. 772 (7-29-22)

31.10.49.01—.05 • 49:21 Md. R. 964 (10-7-22)

31.10.50.01—.05 • 49:21 Md. R. 964 (10-7-22)

 

33 STATE BOARD OF ELECTIONS

 

33.01.07.01—.06 • 49:9 Md. R. 537 (4-22-22)

33.07.04.02 • 49:18 Md. R. 838 (8-26-22)

33.11.03.06 • 49:18 Md. R. 838 (8-26-22)

33.11.05.04 • 49:18 Md. R. 839 (8-26-22)

33.14.01.02—.04 • 49:18 Md. R. 839 (8-26-22)

33.14.02.01—.13 • 49:18 Md. R. 839 (8-26-22)

33.14.03.01—.03,.06,.07 • 49:18 Md. R. 839 (8-26-22)

33.14.04.03—.06 • 49:18 Md. R. 839 (8-26-22)

33.14.05.01,.02 • 49:18 Md. R. 839 (8-26-22)

33.15.03.03—.04,.07 • 49:18 Md. R. 846 (8-26-22)

33.16.06.04 • 49:18 Md. R. 839 (8-26-22)

 


The Governor

 


EXECUTIVE ORDER 01.01.2022.07

Inter-Agency Heroin and Opioid Coordinating Council
(Amends Executive Order 01.01.2022.05)

 

WHEREAS, The State of Maryland faces a heroin and opioid epidemic; 

 

WHEREAS, Heroin and opioid drug dependency surged in Maryland over the last decade, resulting in a dramatic increase in heroin-related emergency room visits;

 

WHEREAS, The rise in the number of heroin and opioid overdose deaths represents an urgent and growing public health threat, cutting across all demographics and geographical settings in Maryland, and also represents a serious threat to the security and economic well-being of the State;

 

WHEREAS, Maryland State agencies have different expertise, capabilities, and data that, when shared, can better inform a coordinated, statewide response to the opioid overdose epidemic;

 

WHEREAS, Coordinated action among State agencies has made a greater impact in reducing abuse and overdose deaths;

 

WHEREAS, Local collaboration in the sharing of data, expertise, and capabilities, and in the delivery of services, can further reduce abuse and overdose deaths;

 

WHEREAS, Following the March 1, 2017, declaration of a state of emergency in response to the heroin, opioid, and fentanyl crisis, the Opioid Operational Command Center established a response framework that emphasized a multidisciplinary, multiagency incident management structure to mobilize and coordinate state and local stakeholders; and

 

WHEREAS, The heroin, opioid, and fentanyl crisis requires the continuation of this heightened response framework and ongoing cooperation and mobilization of state and local stakeholders;

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY AMEND EXECUTIVE ORDER 01.01.2018.30 AND PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

A. Establishment.  There is a Governor’s Inter-Agency Heroin and Opioid Coordinating Council (the “Council”).

B. Membership.

(1) The Council is a subcabinet of the Governor and shall consist of the heads of the following State units or their designees and such other Executive Branch units as the Governor may designate:

(a) The Department of Health;

(b) The Department of State Police;

(c) The Department of Public Safety and Correctional Services;

(d) The Department of Juvenile Services;

(e) The Institute for Emergency Medical Services Systems;

(f) The Maryland State Department of Education; and

(g) The Maryland Department of Emergency Management.

(2) Staff members from the Offices of the Governor and Lieutenant Governor, including the Governor’s Office of Crime Prevention, Youth, and Victim Services, will also be regular participants.

(3) Other State units may be asked to participate at the invitation of the Chair.

C. Duties.

(1) The State units listed in Paragraph B(1) (the “Agencies”) shall seek opportunities to share data with one another and with the Office of the Governor for the purpose of supporting public health and public safety responses to the heroin and opioid epidemic. The Agencies shall share the data in their possession relevant to the epidemic to the maximum extent permitted by law.

(2) The Council shall develop recommendations for policy, regulations, or legislation to facilitate improved sharing of public health and public safety information among State units.

(3) The Council shall update the Governor within 45 days of the date of this Executive Order, and biannually thereafter, on the Agencies’ efforts to address heroin and opioid education, treatment, interdiction, overdose, and recovery.

(4) On behalf of the Council, the Opioid Operational Command Center shall submit a biennial report to the Governor and the public in the form of the Inter-Agency Heroin and Opioid Coordination Plan.

D. Procedures.

(1) The Lieutenant Governor shall chair the Council.  The Chair shall:

(a) Oversee the implementation of this Executive Order and the work of the Council;

(b) Determine the Council’s agenda; and

(c) Identify additional support as needed.

(2) The Council shall meet on a quarterly basis, or more frequently if the members deem appropriate.

(3) In advance of each meeting of the Council, each of the Agencies shall provide updates to the Chair regarding its efforts to share public safety and public health information relating to the heroin and opioid epidemic.

(4) A majority of the Council members shall constitute a quorum for the transaction of any business.

(5) The Council may adopt other procedures as necessary to ensure the orderly transaction of business.

E. Opioid Operational Command Center.

(1) To reflect the need for an ongoing heightened response framework to the heroin, opioid, and fentanyl crisis, there is an Opioid Operational Command Center (the “Center”) within the Department of Health.

(2) The Center shall be managed by an Executive Director, who shall be primarily responsible for coordinating interagency activities in response to the heroin, opioid, and fentanyl crisis throughout the state and shall be the State’s principal coordinator with local, regional, and federal counterpart organizations on issues related to the heroin, opioid, and fentanyl crisis.

(3) The Executive Director is responsible for the daily operation and administration of the Center. The Executive Director shall serve at the pleasure of the Governor.

(4) The Center shall:

(a) Develop operational strategies to continue implementing the recommendations of the Heroin and Opioid Emergency Task Force authorized by Executive Order 01.01.2015.12;

(b) Continue to carry out Maryland’s centralized, coordinated response to the heroin, opioid, and fentanyl crisis through the implementation of the Inter-Agency Heroin and Opioid Coordination Plan required by Paragraph (C)(4);

(c) Collect, analyze, and facilitate the sharing of data relevant to the epidemic from state and local sources while maintaining the privacy and security of sensitive personal information;

(d) Develop memoranda of understanding among state and local agencies that provide for the sharing and collection of health and public safety information and data relating to the heroin, opioid, and fentanyl epidemic;

(e) Assist and support local agencies in the creation of Opioid Intervention Teams that will share such data;

(f) Coordinate the training of and provide resources for units of state and local government addressing the threat to the public health, security, and economic well-being of the State posed by the heroin, opioid, and fentanyl crisis; [and]

(g) Provide staff to the Council[.]; AND

(H) MANAGE FUNDS FROM THE OPIOID RESTITUTION FUND APPROPRIATED TO THE CENTER IN ACCORDANCE WITH THE REQUIREMENTS OF THE STATE BUDGET, § 7-331 OF THE STATE FINANCE AND PROCUREMENT ARTICLE OF THE MARYLAND CODE, AND APPLICABLE SETTLEMENT AGREEMENTS OR AMENDED SETTLEMENT AGREEMENTS.

F. Opioid Intervention Teams.

(1) Prior to receiving funds from the Center, each county and the City of Baltimore (“Counties”) shall establish an Opioid Intervention Team. An Opioid Intervention Team shall include, but is not limited to, individuals with experience in:

(a) Emergency management;

(b) Health;

(c) Law enforcement;

(d) Social services;

(e) Education; and

(f) Private sector, non-profit, community, and faith-based organizations.

(2) A County may designate multidisciplinary and multiagency drug overdose fatality review teams as established under Health-General Article § 5‑902, local addiction authorities as defined in Health-General Article § 7.5‑101, or local behavioral health authorities as defined in Health-General Article § 7.5‑101 as the Opioid Intervention Team.

(3) Opioid Intervention Teams will distribute any funds the Center provides to local governments and units as provided for in the State budget.

G. Opioid Spending Plans.

(1) Each unit of State government subject to the supervision and direction of the Governor that spends funds to address the heroin, opioid, and fentanyl crisis shall submit to the Center:

(a) By September 1 of each year, an annual spending plan for all funding used to address the heroin, opioid, and fentanyl overdose crisis;

(b) Alterations to the plan that exceed $2 million; [AND]

(c) Accounts of new spending of funds that exceed $2 million used to address the heroin, opioid, and fentanyl crisis.

(2) The Center shall provide advice and consent on each annual plan, alterations to the plan that exceed $2 million, and new spending of funds that exceed $2 million.

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 28th Day of October 2022.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[22-24-03]

 

 


Final Action on Regulations

 

Symbol Key

   Roman type indicates text already existing at the time of the proposed action.

   Italic type indicates new text added at the time of proposed action.

   Single underline, italic indicates new text added at the time of final action.

   Single underline, roman indicates existing text added at the time of final action.

   [[Double brackets]] indicate text deleted at the time of final action.

 

 


Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 10 CORRECTIONAL TRAINING COMMISSION

12.10.01 General Regulations

Authority: Correctional Services Article, §§2-109 and 8-208, Annotated Code of Maryland

Notice of Final Action

[22-183-F]

On November 9, 2022 the Secretary of Public Safety and Correctional Services, in cooperation with the Correctional Training Commission, adopted amendments to Regulation .22 under COMAR 12.10.01 General Regulations. This action, which was proposed for adoption in 49:20 Md. R. 919 (September 23, 2022), has been adopted as proposed.

Effective Date: November 28, 2022.

ROBERT L. GREEN
Secretary of Public Safety and Correctional Services

 

Title 15
MARYLAND DEPARTMENT OF AGRICULTURE

Subtitle 20 SOIL AND WATER CONSERVATION

15.20.07 Agricultural Operation Nutrient Management Plan Requirements

Authority: Agriculture Article §§8-801—8-806, Annotated Code of Maryland

Notice of Final Action

[22-134-F-I]

On October 25, 2022, the Soil and Water Conservation adopted amendments to amend Regulation .02 under COMAR 15.20.07 Agricultural Operation Nutrient Management Plan Requirements. This action, which was proposed for adoption in 49:17 Md. R. 804—805 (August 12, 2022), has been adopted as proposed.

Effective Date: January 1, 2023.

STEVEN A. CONNELLY
Deputy Secretary of Agriculture

 


Proposed Action on Regulations

 

 


Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Proposed Action

[22-255-P]

The Secretary of Health proposes to:

(1) Amend Regulations .01 and .02, repeal Regulations .03 and .05, and amend and recodify Regulations .04 and .06—.10 to be Regulations .03 and .04—.08 under COMAR 10.09.49 Telehealth Services; and

(2) Amend Regulations .01, .02, .05, and .06 under COMAR 10.09.96 Remote Patient Monitoring.

Statement of Purpose

The purpose of this action is to:

(1) Repeal outdated and redundant language under the Service Model regulation;

(2) Address services permitted to be provided via telehealth by referencing the COMAR chapter defining the covered service being rendered;

(3) Clarify that the provider shall obtain and document the participant’s consent to services via telehealth;

(4) Simplify originating site requirements by permitting any secure location approved by the participant and the provider to serve as an originating site;

(5) Clarify that the Program does not pay clinic facility fees for services rendered via telehealth except when provided by a health care provider not authorized to bill a professional fee separately for service;

(6) Establish reimbursement for services permitted to be provided via telehealth by referencing the COMAR chapter defining the covered service being rendered;


(7) Expand coverage of remote patient monitoring (RPM) services to include any participant that is at high risk for avoidable hospital utilization due to a poorly controlled chronic disease capable of monitoring via remote patient monitoring; and

(8) Clarify provider types eligible to order RPM services.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through December 19, 2022. A public hearing has not been scheduled.

 

10.09.49 Telehealth Services

Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and
15-105.2(b), Annotated Code of Maryland; Ch. 280, Acts of 2013; Ch. 366, Acts of 2016; Ch. 367, Acts of 2016

.01 Scope.

A. This chapter applies to [telehealth programs reimbursed] covered services delivered via synchronous telehealth and eligible for reimbursement by the Maryland Medicaid Program.

B. The purpose of providing medically necessary services via telehealth is to improve:

(1) Access to [somatic and behavioral health] services, thus reducing preventable hospitalizations and [reducing] barriers to health care access;

(2)—(4) (text unchanged)

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

[(2) “Community-based substance use disorder provider” means a provider licensed by the Department as a community-based substance use disorder provider in accordance with COMAR 10.09.80.]

[(3)] (2) “Department” means the Maryland Department of Health, which is the single State agency designated to administer the [telehealth program] Medical Assistance Program under Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq.

[(4)] (3) “Distant site” means a site at which the licensed, certified, or otherwise authorized distant site provider is located at the time the service is provided via technology-assisted communication.

[(5)] (4) "Distant site provider" means the licensed, certified, or otherwise authorized provider at the distant site who provides medically necessary services via telehealth to the patient [at the originating site via telehealth upon request from the originating site provider].

[(6) “Federally qualified health center (FQHC)” has the meaning stated in Health-General Article, §24-1301, Annotated Code of Maryland.]

[(7)] (5)[(8)] (6) (text unchanged)

[(9) “Opioid treatment program” means a program licensed by the Department in accordance with COMAR 10.09.80.]

[(10)] (7)[(12)] (9) (text unchanged)

[(13) “Psychiatric nurse practitioner” means an advanced practice registered nurse whose certification and licensing indicates CRNP-PMH.

(14) “Public Behavioral Health System” means the system that provides medically necessary behavioral health services for Medical Assistance participants and certain other uninsured individuals, including mental health and substance use disorder services.

(15) “Residential crisis services site” means a facility that provides intensive mental health and support services that are:

(a) Provided to a child or an adult with mental illness who is experiencing or is at risk of a psychiatric crisis that would impair the individual’s ability to function in the community; and

(b) Designed to prevent a psychiatric inpatient admission, provide an alternative to psychiatric inpatient admission, shorten the length of inpatient stay, or reduce the pressure on general hospital emergency departments.]

[(16)] (10)[(17)] (11) (text unchanged)

[(18)] (12) “Telehealth” means the synchronous delivery of medically necessary [somatic or behavioral health] services to a patient at an originating site by distant site provider, through the use of technology-assisted communication.

[(19)] (13) “Telehealth Program” means the program by which medically necessary [somatic or behavioral health] services are authorized to be delivered via technology-assisted communication between originating and distant site providers.

[.04] .03 Covered Services.

Under the Telehealth Program, the Department shall cover:

A. Medically necessary services covered by the Maryland Medical Assistance Program rendered [by a distant site provider] via telehealth that shall be:

(1) Distinct from services provided [by the originating site provider] in person;

(2)—(3) (text unchanged)

B. Services provided via telehealth to the same extent and standard of care as services provided in person; [and]

C. As determined by the provider’s licensure or credentialing board, services performed via telehealth within the scope of a provider’s practice[.]; and

D. Services permitted to be provided via telehealth as set forth in the COMAR chapter defining the covered service being rendered.

[.06] .04 Provider Conditions for Participation.

A. To [participate in the Program] render or bill for services delivered via telehealth, the provider shall meet the requirements [for participation in the Medical Assistance Program] as set forth in:

(1)—(2) (text unchanged)

(3) The COMAR chapter defining the covered service being rendered[;].

B. The provider shall obtain the participant’s consent to services via telehealth, unless there is an emergency that prevents obtaining consent, which shall be documented in the participant’s medical record.

[B.] C. Medical Record Documentation. [An originating and distant site] The provider shall:

(1)—(3) (text unchanged)

[C. Originating Sites include:

(1) A college or university student health or counseling office;

(2) A community-based substance use disorder provider;

(3) A deaf or hard of hearing participant’s home or any other secure location as approved by the participant and the provider;

(4) An elementary, middle, high, or technical school with a supported nursing, counseling or medical office;

(5) A local health department;

(6) A FQHC;

(7) A hospital, including the emergency department;

(8) A nursing facility;

(9) The office of a physician, physician assistant, psychiatric nurse practitioner, nurse practitioner, or nurse midwife;

(10) An opioid treatment program;

(11) An outpatient mental health center;

(12) A renal dialysis center; or

(13) A residential crisis services site]

D. An originating site may be any secure location, approved by the participant and the provider, for the delivery of telehealth services.

[D.] E. (text unchanged)

[.07] .05 Technical Requirements.

A. A provider of [health care] services delivered through telehealth shall adopt and implement technology in a manner that supports the standard of care to deliver the required service.

B. A [provider of health services] service delivered through synchronous audio-visual telehealth shall, at a minimum, meet the following technology requirements:

(1) [A camera that has the ability to manually or under remote control provide multiple views of a patient with the capability of altering the resolution, focus, and zoom requirements according to the service] Cameras at both the originating and distant sites that provide clear, synchronous video of the patient and provider, respectively, with the ability to meet the clinical requirements of the service;

(2) Unless engaging in a telehealth with a participant who is deaf or hard of hearing, [audio equipment that ensures clear communication and includes echo cancellation] microphones and speakers at both the originating and distant sites, respectively, that provide clear, synchronous, two-way audio transmission;

(3) [Bandwidth speed and image resolution] Network connectivity and bandwidth at both the originating and distant site sufficient to provide [quality video to meet a minimum of 15 frames per second, or higher, as industry standards change] clear, synchronous two-way video and audio for the full duration of the service;

(4) (text unchanged)

(5) [Create video and audio transmission with less than 300 millisecond delay] Utilize technology that meets the standards required by State and federal laws governing the privacy and security of protected health information (HIPAA compliant).

[.08] .06 Confidentiality.

The [originating and distant site providers] provider:

A. Shall comply with [the] all State and federal laws and regulations concerning the privacy and security of protected health information [under], including but not limited to:

(1)—(2) (text unchanged)

B. Shall ensure that all interactive video technology-assisted and audio-only communication comply with HIPAA patient privacy and security regulations [at the originating site, at the distance site, and in] throughout the transmission process;

C.—D. (text unchanged)

E. May not store [at the originating and distant sites] the video images or audio portion of the [telehealth] service delivered via telehealth for future use.

[.09] .07 Limitations.

A. A service [provided through] delivered via telehealth is subject to the same program restrictions, preauthorizations, limitations, and coverage that exist for services [when provided] delivered in person.

B. A [telehealth] service delivered via telehealth does not include:

(1) An audio-only telephone conversation between a health care provider and a patient unless provided on dates of service between July 1, 2021, and June 30, 2023, inclusive;

(2)—(3) (text unchanged)

(4) A telephone conversation, electronic mail message, or facsimile transmission between [the originating and distant site] providers without direct interaction [between the distant site provider and] with the patient.

C. (text unchanged)

D. [Telehealth-delivered services may not bill to the Maryland Medicaid Assistance Program or to the ASO] The provider may not bill the Maryland Medicaid Assistance Program for services delivered via telehealth when technical difficulties preclude the delivery of [part or] all or part of the telehealth session.

[E. The Department may not reimburse a provider for the following:

(1) Services that occur during an ambulance transport;

(2) Communications between providers where the participant is not physically present at the originating site;

(3) Telehealth services delivered where the originating site is not a permitted originating site provider as set forth in Regulation .06 of this chapter; or

(4) Mental health and substance use disorder services that did not receive prior authorization from the Department or its ASO.]

[F.] E. The Department may not reimburse for services that:

(1) Require in-person evaluation; or

(2) Cannot be reasonably delivered via telehealth as specified in provider specific COMAR chapters, and subregulatory guidance issued by the Department.

[G.] F. [The Department may not reimburse distant site providers for a facility fee] A provider eligible to bill a professional fee for a health care service shall bill a professional fee for the health care service instead of a clinic facility fee.

[H. The Department may not reimburse for home health monitoring services.]

[.10] .08 Reimbursement.

A. To receive reimbursement for [telehealth] services delivered via telehealth, a provider shall:

(1) Be actively enrolled with Maryland Medical Assistance on the date the service is rendered; and

(2) [Participate with a telehealth partner that meets provider conditions for participation as set forth in Regulation .06 of this chapter; and

(3) If a provider is a behavioral health service provider, be registered as a provider through the ASO on the date the service is rendered.] Comply with payment procedures as set forth in COMAR 10.09.36.

B. Distant Site Reimbursement.

(1) The distant site provider shall be reimbursed[:

(a) For somatic services provided via telehealth, as set forth in COMAR 10.09.02.07D;

(b) For mental health services provided via telehealth, as set forth in COMAR 10.09.59.09; or

(c) For substance use disorder services provided via telehealth, as set forth in COMAR 10.09.80.08] as set forth in the COMAR chapter defining the covered service being rendered.

(2)—(3) (text unchanged)

 

10.09.96 Remote Patient Monitoring

Authority: Health-General Article, §15-103(b), Annotated Code of Maryland

.01 Purpose and Scope.

A.—B. (text unchanged)

C. The target populations are high-risk[, chronically ill] Maryland Medical Assistance Program participants [suffering from diabetes, congestive heart failure, or chronic obstructive pulmonary disease] with a chronic disease capable of monitoring via remote patient monitoring.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) "Certified nurse midwife” means an individual who meets the licensure and conditions of participation for certified nurse midwives set forth in COMAR 10.09.01.

[(1)] (2) “Certified nurse practitioner” means an individual who meets the licensure and conditions of participation for certified nurse practitioners set forth in COMAR 10.09.01.

[(2)] (3)[(12)] (13) (text unchanged)

[(13)] (14) “Remote patient monitoring” means [digital technologies to collect medical and other forms of health data from individuals in one location and electronically transmit that information securely to health care providers in a different location for assessment, recommendations, and interventions] the use of synchronous or asynchronous digital technologies that collect or monitor medical, patient-reported, and other forms of health care data for Program participants at an originating site and electronically transmit that data to a distant site provider to enable the distant site provider to assess, diagnose, consult, treat, educate, provide care management, suggest self-management, or make recommendations regarding the Program participant’s health care.

.05 Participant Eligibility for Services.

[A.] A participant is eligible to receive remote patient monitoring services if:

[(1)] A.[(3)] C. (text unchanged)

[(4)] D. The participant is at high risk for avoidable hospital utilization due to a poorly controlled[:

(a) Chronic obstructive pulmonary disease;

(b) Congestive heart failure;

(c) Diabetes type 1; or

(d) Diabetes type 2; and] chronic disease capable of being monitored via remote patient monitoring; and

[(5)] E. (text unchanged)

[B. Participants with the conditions described in §A(4) of this regulation are eligible for an episode of remote patient monitoring if the participant had:

(1) Two hospital admissions within the prior 12 months with the same qualifying medical condition as the primary diagnosis;

(2) Two emergency department visits within the prior 12 months with the same qualifying medical condition as the primary diagnosis; or

(3) One hospital admission and one separate emergency department visit within the prior 12 months with the same qualifying condition as the primary diagnosis.]

.06 Covered Services.

A.—D. (text unchanged)

E. A home health agency shall:

(1) Have an order by a physician, physician assistant, certified nurse midwife, or certified nurse practitioner who has examined the patient and with whom the patient has an established, documented and ongoing relationship;

(2)—(3) (text unchanged)

DENNIS R. SCHRADER
Secretary of Health

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 17 MOTOR VEHICLE ADMINISTRATION—DRIVER LICENSING AND IDENTIFICATION DOCUMENTS

11.17.09 Proof of Age, Full Name, Identity, Maryland Residence, and Lawful Status

Authority: Transportation Article, §§12-104(b), 12-301, 16-103.1, 16-104.2, 16-106, 16-115, and 16-121—16-122, Annotated Code of Maryland;
6 CFR 37

Notice of Proposed Action

[22-243-P]

The Administrator of the Motor Vehicle Administration  proposes to adopt new Regulation .08 under COMAR 11.17.09 Proof of Age, Full Name, Identity, Maryland Residence, Social Security Number, and Lawful Status.

Statement of Purpose

The purpose of this action is adopt a new regulation for the issuance of a 2-year temporary license or identification card renewal to conform to Ch. 119 (S.B. 218), Acts of 2022.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Tracey Sheffield, Regulations Coordinator, MDOT MVA, 6601 Ritchie Highway N.E., Room 200, Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.maryland.gov. Comments will be accepted through December 19, 2022. A public hearing has not been scheduled.

.08 Two-Year Temporary License or Identification Card Renewal.

A. This regulation applies to a temporary 2-year renewal of a license or identification card.

B. The Administration may issue a temporary license or identification card in accordance with Transportation Article, §12-301 or 16-115, Annotated Code of Maryland, for a period not to exceed 2 years if the individual:

(1) Holds or previously held a valid Maryland license or ID card;

(2) Is Real-ID compliant;

(3) Has made application to renew the license or ID card;

(4) Certifies under penalty of perjury that the information provided in the application is true and correct;

(5) Pays the required prorated fee for issuance as set for in COMAR 11.11.05; and

(6) Presents one of the following documents:

(a) A military ID, orders, or other proof of active duty;

(b) An employment card for nonmilitary government;

(c) A school transcript, letter of assignment, or other enrollment proof; or

(d) A certified statement on the form developed by the Administration.

C. The Administration may not issue a temporary license or ID card if the applicant holds or previously held a:

(1) License or ID card that has been expired for more than 1 year; or

(2) Temporary lawful status license or ID card.

D. Exceptions. The requirement under §B(6) of this regulation may be waived for an applicant in the event of the following:

(1) An officially declared State of Emergency; or

(2) Any other situation if the Administration considers it necessary.

CHRISTINE NIZER
Administrator
Motor Vehicle Administration

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 15 FAMILY CHILD CARE

Notice of Proposed Action

[22-254-P]

The Maryland State Board of Education proposes to:

(1) Amend Regulation .02 under COMAR 13A.15.01 Scope and Definitions;

(2) Amend Regulations .03 under COMAR 13A.15.04 Operational Requirements;

(3) Adopt new Regulations .01—.10 under a new chapter, COMAR 13A.15.13 Educational Programs in Nonpublic Nursery Schools;

(4) Recodify existing Regulations .01—.08 and amend and recodify existing Regulation .09 under COMAR 13A.15.13 Inspections, Complaints, and Enforcement to be Regulations .01—.08 and .09 under COMAR 13A.15.14 Inspections, Complaints, and Enforcement;

(5) Recodify existing Regulations .01—.08 under COMAR 13A.15.14 Administrative Hearings to be Regulations .01—.08 under COMAR 13A.15.15 Administrative Hearings; and

(6) Recodify existing Regulations .01—.04 under COMAR 13A.15.15 Public Access to Licensing Records to be Regulations .01—.04 under COMAR 13A.15.16 Public Access to Licensing Records.

This action was considered by the Maryland State Board of Education at its August 23, 2022, public meeting.

Statement of Purpose

The purpose of this action is to permit family child care providers to operate educational programs in nonpublic schools, similar to how educational programs are operated in other types of child care facilities.

Estimate of Economic Impact

I. Summary of Economic Impact. The purpose of the amendments to the family child care regulations found at Code of Maryland Regulations (COMAR) 13A.15 is to add a nonpublic nursery school component similar to what already exists in the Child Care Center, Letter of Compliance, and Large Family Child Care Home regulations. The economic impact of this change may include added costs to MSDE for processing applications and added costs to family child care providers who choose to add an education program to their business. Giving this option to family child care providers may make them more competitive with the other types of child care facilities, because now parents will have the option to keep their child in a small home-like setting while also having access to an education program for school readiness. To the extent operating a nonpublic nursery school is more expensive (e.g., curriculum, additional staff), a secondary impact could be increased tuition at family child care homes that choose to participate.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

 

 

Cost for licensing staff time

(E+)

Approximately $500,000

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)

Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Nonpublic Nursery Schools

(+)

Approximately $5,464,000

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. Application review and approval: an aggregate cost of $500,000 — each application takes 40 hours to process, including binder review and site visit, at $25 an hour for licensing staff (estimate of $1,000 per application for 500 nursery schools estimated to apply)

D. (1) Child care homes up-front cost of curriculum, instructional materials and equipment: an aggregate cost of $3,280,000 (estimate of $6,560 per nursery school for 500 nursery schools estimated to apply)

(2) Compensation for the additional staff member - additional adult to supervise children birth to age 2 during the operation of the educational program for older children in care, 6 hours daily, at a rate of $14 an hour, for 260 business days: an aggregate cost of $2,184,000 (estimate of $21,840 per nursery school for 100 nursery schools estimated to face this issue, that is, 20% of applicants estimated to care for both age groups)

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small businesses. An analysis of this economic impact follows.

If a family child care home chooses to operate as a nonpublic nursery school, it would need an owner/operator or staff member with teacher qualifications, and would also need to purchase curriculum, instructional materials, and equipment at an estimated cost of $5,000 to $6,560 per nursery school. If the family child care home cares for children birth to age 2, it would also be required to pay an additional adult to supervise the children birth to age 2 during the operation of the educational program for older children in care, at an estimated cost of $21,840 annually ($14 an hour for 6 hours per day, 260 business days).

 

Intended Beneficiaries: Households

Families seeking educational programs for their three to four year olds outside of a large family home, child care center, or school will now be afforded the same options but within a family child care home. As a result, more children will be better equipped and ready for kindergarten, while hopefully making the transition into a school much easier. This would also allow low-income families, whom primarily enroll their children in family child care, the opportunity to have the same advantages as other children that may be enrolled in another program that offers an educational program.

 

Intended Beneficiaries: Family Child Care Homes

Family child care providers often suffer the burden of low or dropped enrollment due to families choosing to place their child in an educational program at age three to four, to ensure their child will have an easier transition into school. However, the proposed amendments would allow family child care providers the opportunity to now compete with other programs that offer an educational program. As a result, family child care programs may now be able to maintain their enrollment, which could also result in more sustainability with family child care programs and an increase in family child care programs as well.

 

Intended Beneficiaries: Businesses

The amendments are not expected to have an impact on any business beyond family child care homes, and the impact is limited to those family child care providers who request to be approved as a nonpublic nursery school, and thus choose to add an educational program to their business.

 

Other Direct or Indirect Impacts: Adverse

 

Overtime and compensatory time: Currently, the Licensing Branch is experiencing a shortage in staff. As a result, the current licensing staff may need to work nontraditional hours in order to conduct additional onsite inspections and review applications for nonpublic school approval, should the Office receive a significant demand in requests.

 

Child care homes up-front cost of curriculum, instructional materials and equipment: Family child care homes requesting approval to operate a nonpublic nursery school will need to purchase curriculum, instructional materials and additional equipment prior to submitting the request for approval.

 

Compensation for the additional staff member: A family child care provider seeking approval for a nonpublic nursery school will be required to pay an additional adult to supervise children birth to age 2 during operation of the educational program for older children in care.

 

Long-Term Impacts

 

Maryland small businesses, primarily family child care, may benefit in that the amendments may result in an increase in family child care homes and more sustainability now that parents may not feel the need to dis-enroll their child in fear of them not being adequately prepared for school.

 

Estimates of Economic Impact

(1) Cost of providing goods and services:

There may be an increase in tuition for potential parents seeking enrollment with a family child care provider that is approved to operate a nonpublic nursery school, considering the provider had to go beyond the minimum requirements for child care registration to establish the education program. Because child care fees are determined independently by each provider, the overall change if any, cannot be determined.

(2) Effect on the work force:

Families in Maryland’s work force with preschool children will now be able to choose a family child care home that provides an educational program, especially if they prefer a small setting for their child to receive care. Also, the amendment may lead to an increase in the work force for those that are interested in teaching in an educational program for preschool children within their homes as opposed to in a center or school setting.

(3) Capital investment, taxation, competition, and economic development:

These proposals are not expected to have any direct effect on capital investment, taxation, competition, or economic development. However, as noted above, they may help provide a more attractive environment for business growth.

(4) Consumer Choice:

Consumer choice is expected to be affected positively by making higher quality child care services available for families seeking child care in a family child care setting, which is smaller and often preferred by some.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Keisha Maxwell, Division of Early Childhood, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-7852 (TTY 410-333-6442), or email to keisha.maxwell@maryland.gov. Comments will be accepted through December 19, 2022. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on January 24, 2023, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

 

13A.15.01 Scope and Definitions

Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, 9.5-321 and 9.5-414; Family Law Article, §§5-550—5-558; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);Social Security Act §418 (42 U.S.C. 618)

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(19) (text unchanged)

[(19-1)] (20)[(22)] (24) (text unchanged)

(25) “Nursery school” means an educational program:

(a) For children who are 2 years old, 3 years old, 4 years old, or any sequence of these ages; and

(b) That, unless approved by the Department before July 1, 2007, to operate for more than 6 hours per day, may not operate in excess of 6 hours per day.

[(23)] (26)[(26)] (29) (text unchanged)

(30) “Preschooler” means a child who:

(a) Is 2 years old or older; and

(b) Does not attend kindergarten or a higher grade.

[(27)] (31)[(31)] (35) (text unchanged)

(36) “School age child” means a child younger than 13 years old who attends a public or nonpublic school in grades kindergarten or above.

[(32)] (37)[(36)] (41) (text unchanged)

 

13A.15.04 Operational Requirements

Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland

Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)

.03 Child Capacity.

A.—B. (text unchanged)

C. The maximum total capacity of a family child care home in which the provider also operates an educational program may not exceed eight children, with no more than two younger than 2 years old.

[C.] D.[E.] F. (text unchanged)

 

13A.15.13 Educational Programs in Nonpublic Nursery Schools

Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, 9.5-321 and 9.5-414; Family Law Article, §§5-550—5-558; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)

.01 Purpose and Scope.

This chapter establishes requirements for approval to operate an educational program in a nonpublic nursery school located in a residence that is registered as a family child care home.

.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Certificate of approval” means the document issued by the State Board to the legal authority responsible for governing and operating a school if the school has met the requirements of this chapter.

(2) “Child care home registration” means the document issued by the Department pursuant to this subtitle that authorizes the recipient to operate a family child care home.

(3) “Class” means a group of students scheduled to report regularly to a teacher at a particular time and place for the implementation of an educational program.

(4) “Department” means the State Department of Education.

(5) “Department representative” means an individual designated by the Department to determine compliance with this chapter.

(6) “Educational program” means an organized program of instruction that:

(a) Is provided by a teacher; and

(b) Meets the requirements of Regulation .07 of this chapter.

(7) “Institution of higher education (IHE)” means a college or university that is accredited by an accrediting commission of one of the regional associations of colleges and schools.

(8) “Montessori program” means an educational program based on the pedagogical philosophy of Dr. Maria Montessori, as reflected in the program’s teacher qualifications, curriculum, instructional methods, and materials and equipment.

(9) “Nursery school” means an educational program for children who are 2 years old, 3 years old, 4 years old, or any consecutive sequence of these ages.

(10) “Office” means the central office or a regional office of the Department’s Division of Early Childhood, Office of Child Care.

(11) “State Board” means the Maryland State Board of Education.

(12) “Teacher” means a family child care provider who:

(a) Provides instruction to children enrolled in an educational program; and

(b) Meets the requirements of Regulation .06B of this chapter.

.03 Approval to Operate an Educational Program—General Requirements.

A. A family child care provider may be approved to operate an educational program in a nonpublic nursery school only if:

(1) The provider holds a valid registration to operate a family child care home;

(2) The educational program would not be operated in the living space of the residence where the child care home is located;

(3) The educational program would be operated in a room separate from the child care program for children under the age of two during the operating hours of the educational program; and

(4) If the provider has enrolled children under the age of 2 the provider has a staff member that meets the requirements as specified in COMAR 13A.15.06.02A, E(2), and F.

B. Unless a provider chooses to cease operating an educational program, approval to operate the program, once granted, shall continue as long as the:

(1) Child care home registration remains in effect;

(2) Educational program is operated according to the terms under which approval to operate was granted; and

(3) Provider remains in full compliance with all applicable requirements of this chapter.

C. Approval to operate an educational program in a nonpublic nursery school becomes void if the nonpublic nursery school’s approval is suspended or revoked, or the child care home registration is suspended or revoked and the provider:

(1) Does not appeal the suspension or revocation action; or

(2) Appeals the suspension or revocation action and the action is upheld through the administrative hearing process or notice of deficiencies hearing before the State Board in accordance with Education Article, §2-206, Annotated Code of Maryland.

D. A provider who has ceased operating an educational program subject to the requirements of this chapter shall promptly return to the office the child care home registration that certifies approval to operate the educational program.

E. A certificate of approval to operate an educational program that was issued to the provider prior to January 1, 2012, shall remain in effect.

.04 Approval to Operate an Educational Program—Specific Requirements.

A. Application for Approval.

(1) Application for approval shall be made in a manner and form and according to timelines established by the office.

(2) The applicant shall submit all information that the office considers necessary in order to ascertain compliance with the requirements of this chapter.

(3) A provider who is already approved to operate an educational program may not apply for approval to operate another educational program if the educational program for which the provider is currently approved is not in full compliance with all applicable requirements of this chapter.

B. When the office is satisfied that the requirements of this chapter have been met, the office shall issue to the applicant a child care home registration that certifies approval to operate an educational program.

C. The child care home registration shall specify the terms under which approval to operate an educational program has been granted, including the:

(1) Hours, days, and months of approved operation; and

(2) Ages of children who may be enrolled in the program.

D. If the provider intends to change the terms under which approval has been granted, the provider shall:

(1) Notify the office in writing at least 60 days before the occurrence of any change or changes; and

(2) Furnish any information the office considers necessary to approve the change or changes planned by the provider.

E. A provider may not seek approval of a change in the terms of the approval under any one or combination of the following circumstances:

(1) The educational program demonstrates an area or areas of noncompliance;

(2) The office has received and is investigating a complaint alleging that the educational program is in violation of one or more regulations under this chapter;

(3) The office is implementing a sanction or an enforcement action against the child care home registration; or

(4) A deficiency hearing is pending before the State Board in accordance with Education Article, §2-206, Annotated Code of Maryland.

F. Notwithstanding the requirement established in §E of this regulation, a provider may seek approval of a change in the terms of the approval if approval of the change is the means for the provider to demonstrate compliance with this chapter.

G. A provider may not implement a change in the terms of approval until the office has issued a revised child care home registration that reflects the change.

H. A provider shall inform the office in writing at least 30 days before the provider ceases operating an educational program.

.05 Compliance and Inspections.

A. Continued approval to operate an educational program is conditioned on the provider’s maintaining compliance with this chapter.

B. To evaluate compliance with this chapter, the office may inspect the educational program, with or without prior notice to the provider, at any time during the approved hours of operation of the program.

C. During an inspection, the provider shall permit the Department representative access to any activity, person, material, document, or other information or source of information connected with the educational program that is considered necessary by the Department representative for the purpose of the inspection.

D. Following each inspection of the educational program, the office shall provide the provider with a written report of all findings of the inspection.

E. If the educational program fails to demonstrate compliance with the requirements of this chapter, the office shall notify the provider in writing of the:

(1) Regulation or regulations with which the program does not demonstrate compliance;

(2) Fact or facts that demonstrate the program’s noncompliance with each regulation;

(3) Action or actions the provider is required to take to demonstrate compliance with each regulation; and

(4) Date by which the program is required to demonstrate compliance with each regulation.

F. Sanctions.

(1) Failure to maintain compliance with applicable requirements of this chapter may result in a sanction by the office, including restriction, suspension, or revocation of the approval to operate the educational program.

(2) Sanctions against an educational program located in a child care home may be severable.

.06 Personnel Qualifications.

A. Educational Program Administrator.

(1) The educational program shall have an administrator who is responsible for the day-to-day administration of the educational program.

(2) The educational program administrator at a minimum shall meet the standards established in §B(3) of this regulation.

(3) The provider shall have a written position description that states the duties and responsibilities of the educational program administrator.

(4) The educational program administrator shall have sufficient time during each educational program day to carry out the duties and responsibilities stated in the written position description of the educational program administrator.

B. Teachers.

(1) The family child care provider shall serve as the teacher to implement the educational program in each class.

(2) A teacher shall meet the requirements of §B(3) of this regulation.

(3) A teacher who provides instruction in language and literacy development, mathematical and scientific thinking, or social studies shall hold or have completed:

(a) A bachelor’s degree from an IHE;

(b) 120 semester hours of college credit from an IHE; or

(c) A foreign credential that is determined by the Department to be equivalent to a bachelor’s degree from an IHE.

(4) In addition to meeting the requirements of §B(3) of this regulation, a teacher employed in a Montessori program shall also hold a Montessori diploma for the level of the individual’s assignment.

(5) If the degree, college credit, or foreign credential required under §B(3) of this regulation does not include at least 6 semester hours of approved early childhood coursework, the teacher shall, in addition:

(a) Hold or have completed:

(i) The Child Development Associate Credential issued by the Child Development Associate National Credentialing Program; or

(ii) 6 semester hours, 90 clock hours, or their equivalent of approved preservice training; or

(b) Be certified by the Department as a teacher for early childhood in nursery through third grade.

(6) An individual approved as a teacher by the Department before July 1, 2010, shall remain qualified for that position as long as the individual is continuously employed as a teacher.

(7) A teacher in an educational program shall complete at least 12 clock hours of approved continued training per full year of employment, measured from date of hire, in that position.

C. An individual who provides assistance to a teacher in a class is not required to meet the requirements of §B(3) or (7) of this regulation.

D. The educational program shall have an approved additional adult, as specified in COMAR 13A.15.06.04, to care and supervise for children not enrolled in the approved educational program.

E. Written Statement of Teacher Qualifications. A provider shall:

(1) Maintain a written statement of their qualifications; and

(2) On request by a parent or legal guardian of a child enrolled, or being considered for enrollment, in the educational program, give to the parent or legal guardian a written statement of the family child care provider’s qualifications.

.07 Educational Program.

A. Program. The provider shall implement and maintain at the nonpublic nursery school a written curriculum of the nonpublic nursery school’s educational program for the development of skills for each approved nursery school age in the following areas:

(1) Personal and social development;

(2) Language and literacy development;

(3) Mathematical and scientific thinking;

(4) Social studies;

(5) The arts; and

(6) Physical development and health.

B. Instructional Materials and Equipment. The provider shall own and maintain the nonpublic nursery school instructional materials and equipment required to implement the written curriculum of the educational program specified in §A of this regulation.

.08 Child Records.

A. The provider shall maintain a cumulative record for each child enrolled in the educational program.

B. Each child’s record shall include the:

(1) Nonpublic nursery school’s name;

(2) Nonpublic nursery school’s address;

(3) Nonpublic nursery school’s telephone number;

(4) Child’s first, middle, and last names;

(5) Child’s month, day, and year of birth;

(6) Child’s home address;

(7) Month, day, and year the child initially entered the educational program;

(8) Age on enrollment in the educational program;

(9) Month, day, and year the child withdrew from the educational program, if applicable;

(10) Child’s performance information in each curricular area;

(11) Code for the meaning of performance information; and

(12) Number of days the child attended in each school year.

C. The requirements of §B(1)—(8) of this regulation are met by compliance with child record requirements set forth at COMAR 13A.15.03.04C.

D. Age of Admission.

(1) Except as provided by §D(2) of this regulation, a child shall be 2 years old, 3 years old, or 4 years old on or before September 1 of a school year to be age-eligible for admission during that school year to a nonpublic nursery school program approved under this chapter.

(2) A nonpublic nursery school may adopt policies and procedures permitting, on request by a child’s parent or guardian, and if a nonpublic nursery school determines that a child demonstrates capabilities warranting early admission, a:

(a) 2-year-old child to be admitted to a 3-year-old nursery school program; or

(b) 3-year-old child to be admitted to a 4-year-old nursery school program.

.09 Health, Fire Safety, and Zoning.

A. A provider shall obtain and maintain documentation verifying current compliance with health, fire safety, and zoning regulations applicable to a nonpublic nursery school.

B. The requirements of §A of this regulation are met by complying with pertinent health, fire safety, and zoning requirements set forth under this subtitle.

.10 Procedures and Sanctions for Noncompliance—Educational Programs.

If the Department believes that a nonpublic nursery school does not meet the conditions or standards on which the certificate of approval of the school was based, the Department shall implement procedures and sanctions for noncompliance approved by the State Board.

 

[13A.15.13] 13A.15.14 Inspections, Complaints, and Enforcement

Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)

.09 Civil Citations.

A.—C. (text unchanged)

D. Appeals.

(1) (text unchanged)

(2) Appeals are conducted in accordance with the provisions of COMAR [13A.15.14] 13A.15.15.

MOHAMMED CHOUDHURY
State Superintendent of Schools

 

 

Special Documents


 

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Notice of Final Determination — General Permit for Stormwater Discharges Associated with Industrial Activity

 

The Maryland Department of the Environment is reissuing the State/National Pollution Discharge Elimination System (NPDES) General Permit for Stormwater Discharges Associated with Industrial Activity. The new permit will be No. 20-SW (NPDES No. MDR00), effective February 1, 2023. This permit replaces the 12-SW, which expired on December 31, 2018.

A public notice on the tentative determination to reissue the discharge permit was published by the Department’s Water and Science Administration (WSA) in 2021 during the weeks of January 13 and January 22 in newspapers across the State of Maryland. The notice was published in the Maryland Register on January 15, 2021. The Department held a public hearing regarding the tentative determination on Wednesday, March 3, 2021. Notice of the hearing was included in those publications. The public comment period concluded on April 19, 2021. After considering all comments received either in writing or through oral testimony during the comment period, the Department has made a final determination to issue the permit.

Listed below are the revisions included in the Department’s final determination (all other aspects of the permit remain unchanged from the tentative determination):

Addressing Climate Change — The permit requires Stormwater Pollution Prevention Plan (SWPPP) updates based on changes in climate (new information and experiences with major storm events). The technology based limits (Part III.B.1) includes options to improve soil hydrology by adding organic matter to reduce the volume of stormwater runoff.

Addressing Environmental Justice (EJ) Impacts — The permit requires operators within areas identified with an EJ Score greater than 0.76 to submit a comprehensive annual report to the Department.

Addressing No Exposure Exemption - The permit allows the submission of photos in lieu of a professional engineer for operators with less than five acres, except in areas identified with an EJ Score greater than 0.76 or in flood plains.

Addressing Part I (Applicability) — A reference to the Vehicle Washing General Permit has been added to the permit.

Addressing Part II (Authorization) — The permit renewal will provide 6 months for facilities to update their 12-SW SWPPPs to comply with the 20-SW permit and apply for continued coverage.

Addressing Part III.B.1 (Technology Based Limits) — Definitions and approval process when utilizing “Chemical Additives” and “Cationic Chemical Additives” has been added to the permit.

Addressing Part III.B.2 (Water Quality Based Limits) — Requirements regarding monitoring for impaired waters have been reformatted and the Natural Background Determination has both been updated consistent with the EPA Multi-Sector General Permit (MSGP). If a new industrial activity intends to operate in a Tier II watershed, the permittee is required to comply with 26.08.02.04-1.

Addressing Part III.C (SWPPP) - The permittee may maintain a copy of their SWPPP in electronic format, as long as it is available for either stormwater team members or inspectors when on-site.


Addressing Part IV (Corrective Actions and Additional Implementation Measures (AIM)) — The permit provides an improved process for addressing exceedances of benchmarks by increasing requirements and defined end points. Conflicting language related to deadlines has been updated. The permit contains a process flowchart. The permit is simplified from the draft TD, in that it now has 3 levels, down from 4. References to the EPA MSGP Appendix Q have been removed. The situation where the final level repeats is addressed in the permit, requiring additional actions. Abnormal events exception and alternative benchmarks for copper and aluminum are included in the permit. The conditions for the natural background exception have been changed to be consistent with the EPA Final MSGP. Chemical additives may be considered to achieve benchmarks.

Addressing Part V (Inspections, Monitoring and Reporting) - The permit updates benchmarks for aluminum and selenium for Subsector K1 for flowing (lotic) waters consistent with EPA MSGP. References in Sector AD.e are corrected. Under Part V.A.3. requirements for visual monitoring require that the samples must be representative of the stormwater discharge. Arsenic samples must be “total recoverable.” Signature requirements are clarified for the Comprehensive Site Compliance Evaluation, Part V A.2, Part II C.2 and Part IV C.3.

Several cross reference errors were corrected, definitions updated and other minor clarifications were provided.

Any person adversely affected by this final determination may file a petition for judicial review. Petitions for judicial review of a final determination or permit decision subject to judicial review must be filed in accordance with §1-605 of the Environment Article no later than within 30 days after publication of a notice of final determination, and must be filed in a circuit court in Maryland. Petitions for judicial review must conform to the applicable Maryland Rules of Civil Procedure. Failure to file a petition for judicial review will constitute a waiver of any right to a judicial review of this final determination.

The final permit, responses to comments, and associated documentation may be found on the Department’s website. To view and print the final permit and response documents, you may use this link https://mdewwp.page.link/ISW. Persons seeking to review the final permit and associated file may alternatively do so by contacting Mr. Hlavinka via email at paul.hlavinka@maryland.gov to make an appointment. Copies of documents may be obtained at a cost of $0.36 per page.

Any questions regarding this final determination should be directed to Paul Hlavinka or Casey Leach at the Maryland Department of the Environment, Water and Science Administration, at paul.hlavinka@maryland.gov, casey.leach@maryland.gov or by telephone at 410- 537-3323 between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

[22-24-01]

 


WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 22-WQC-0027

 

Philadelphia District, US Army Corps of Engineers

Wannamaker Building

100 Penn Square East

Philadelphia, Pennsylvania 19107-3390

 

Add’l. Info: Pursuant to COMAR 26.02.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of Water Quality Certification 22-WQC-0027

 

Location:   Chesapeake & Delaware Canal Federal Navigation Channel, Pearce Creek Dredge Material Containment Site, Chesapeake and Delaware Canal, Cecil & Kent Counties, MD

 

Proposed Work and Purpose: To maintenance dredge a section of the Chesapeake and Delaware (C&D) Canal and its approach channel and place the dredged material at the Pearce Creek Dredged Material Containment Facility (DMCF). Maintenance dredging will be performed as required to maintain the authorized 35-foot project depth within the navigation channel. All material will be removed by bucket, hopper or hydraulic pipeline dredges and placed in the Pearce Creek DMCF, which discharges to Pearce Creek Lake, a Use II waterway. Approximately 500,000 cubic yards to 750,000 cubic yards of material will be dredged from the federal channel each year from the following locations:

1. Southern Approach Channel, Pooles Island to Sassafras River

2. Sassafras River to Courthouse Point

3. Courthouse Point to Maryland State Line within the Canal

 

The WQC and its attachments may be viewed at the following link:

https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/index.aspx

 

Appeal of Final decision. This Water Quality Certification (WQC) is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision in the Maryland Register, and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.

 

Contact: Danielle Spendiff at Danielle.Spendiff1@maryland.gov or 410-537-4023.

[22-24-02]

 

General Notices

 

Notice of ADA Compliance

 The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings. Anyone planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.


 


MARYLAND DEPARTMENT OF HEALTH/MARYLAND LOAN ASSISTANCE REPAYMENT PROGRAM ADVISORY COUNCIL FOR PHYSICIANS AND PHYSICIAN ASSISTANTS

Subject: Public Meeting

Date and Time: December 7, 2022, 1:00 p.m.— 2:00 p.m.

Place: The meeting will be held virtually; please see the details below.

Add’l. Info: This is a virtual meeting to be held via Google Meet. Log-in at https://meet.google.com/ppk-eckj-ckk. The call-in phone number is (443) 424-3175; PIN: ‪‪571 964 197#. A portion of this meeting may be held in closed session. Future meetings and announcements will be posted via the Advisory Council webpage: https://health.maryland.gov/pophealth/Pages/MLARP-Advisory-Council-for-Physicians-and-Physician-Assistants.aspx.

Contact: Sara Seitz (410) 767-4467

[22-24-04]

 

DEPARTMENT OF INFORMATION TECHNOLOGY/4Q RADIO CONTROL BOARD

Subject: Public Meeting

Date and Time: December 7, 2022, 1 —3 p.m.

Place: 100 Community Pl., Crownsville, MD 21032

Contact: Cindy Cole, (410) 697-9639, cindy.cole@maryland.gov

[22-24-05]

 

DEPARTMENT OF INFORMATION TECHNOLOGY/4Q RADIO CONTROL BOARD SYSTEM MANAGERS

Subject: Public Meeting

Date and Time: December 1, 2022, 10 —1 p.m.

Place: 100 Community Pl., 1st Fl. Conference Rm. B, Crownsville, MD 21032

Contact: Cindy Cole, (410) 697-9639, cindy.cole@maryland.gov

[22-24-06]

 

DEPARTMENT OF INFORMATION TECHNOLOGY/4Q RADIO CONTROL BOARD SYSTEM USERS

Subject: Public Meeting

Date and Time: December 1, 2022, 1 —2 p.m.

Place: 100 Community Place, 1st Floor Conference Room B, Crownsville, MD 21032

Contact: Cindy Cole, 410 697 9639, cindy.cole@maryland.gov

[22-24-07]

 

MARYLAND INSURANCE ADMINISTRATION

Subject: Public Hearing

Date and Time: November 28, 2022, 1 — 4 p.m.

Place: Via Zoom — please see details below.

Add’l. Info: Meeting Link:

     https://www.zoomgov.com/j/1605108503

     Dial-in Information:

          Dial-in: (669) 254 5252

          Webinar ID: 160 510 8503

     The Maryland Insurance Administration will conduct a public hearing on specific rate increase requests being made by certain Long-Term Care Insurance carriers operating in Maryland. The hearing will focus on two individual long-term care rate increase requests from LifeSecure Insurance Company, and Massachusetts Mutual Life Insurance Company. The purpose of the hearing is for insurance company officials to explain the reasons for the rate increases, to explain the new benefit options and for the MIA to consider whether the proposed rate increase is in compliance with Maryland’s laws and regulations relating to long term care insurance. Interested stakeholders will also have the opportunity to provide comments at the hearing. Prior to the hearing, copies of each company’s actuarial memorandum will be posted to the Maryland Insurance Administration’s website.

     Information about the Maryland Relay Service can be found at doit.maryland.gov/mdrelay.

     If you will be dialing into the public hearing, and wish to provide oral testimony, please RSVP to Nancy Muehlberger. Testimony will only be heard from those who have RSVP’d in advance of the public hearing. Written comments and RSVPs should be sent to Nancy Muehlberger by November 21, 2022, either by email to longtermcare.mia@maryland.gov or by mail to 200 St. Paul Place, Suite 2700, Baltimore, Md. 21202 or by fax to 410-468-2038.

     Any questions regarding this matter should be directed to Nancy Muehlberger, Actuarial Analyst, by November 21, 2022, by email to Nancy.Muehlberger@maryland.gov.

For more information on the hearing please see the following link:

     https://insurance.maryland.gov/Consumer/Pages/Long-Term-Care-Hearing-November-28-2022.aspx

Contact: Jeff Ji, 410-468-2047

[22-24-08]

 

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: December 15, 2022, 10 a.m. — 12 p.m.

Place: 1800 Washington Blvd., Ste. 330, Baltimore, MD

Add’l. Info: The next regular Commission meeting is scheduled for Thursday, December 15, 2022, in-person and via livestream at      https://www.mdgaming.com/commissionmeeting-12-15-2022/.

Contact: Kathy Lingo (410) 230-8790

[22-24-10]

 

SPORTS WAGERING APPLICATION REVIEW COMMISSION

Subject: Public Meeting

Date and Time: December 14, 2022, 9 — 11 a.m.

Place: Via Livestream

Add’l. Info: The next Commission meeting is scheduled for December 14, 2022, via livestream.

Contact: James Butler (410) 230-8781

[22-24-11]

 

MARYLAND DEPARTMENT OF TRANSPORTATION/OFFICE OF MINORITY BUSINESS ENTERPRISE

Subject: Public Meeting

Date and Time: November 22, 2022, 8:30 a.m. — 5 p.m.; Additional Dates: December 2, 2022, and December 14, 2022

Place: Virtual Meeting — please see the website for details.

Add’l Info: Meetings are being held virtually until further notice. Please check the website for additional information. https://mdot.maryland.gov

Contact: Sabrina Bass 410-865-1240

[22-24-09]