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Maryland Register
Issue Date: May 5, 2023 Volume 50 • Issue 9 • Pages 365 — 388
General Assembly Judiciary Regulations Special Documents General Notices
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| Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before April 17, 2023 5 p.m.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 April 17, 2023. Gail S. Klakring Acting Administrator, Division of State Documents Office of the Secretary of State |
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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.
Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor,
Maryland Register and COMAR; Elizabeth
Ramsey, Editor, COMAR Online, and Subscription Manager;
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 ..................................................................... 368
COMAR Research Aids
Table of Pending Proposals ........................................................... 369
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
08 Department of Natural Resources ............................. 378, 381
09 Maryland Department of Labor ................................. 378, 382
10 Maryland Department of Health ........................................ 379
13A State Board of Education ................................................... 379
15 Maryland Department of Agriculture ................................ 375
21 State Procurement Regulations ......................................... 379
26 Department of the Environment ........................................ 384
31 Maryland Insurance Administration .......................... 380, 385
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.
DISCIPLINARY PROCEEDINGS .................................. 374
Emergency Action on Regulations
15 MARYLAND
DEPARTMENT OF AGRICULTURE
Hemp Farming Program ...........................................................
08 DEPARTMENT OF NATURAL RESOURCES
09 MARYLAND DEPARTMENT OF LABOR
Educational Requirements .......................................................
WORKFORCE
DEVELOPMENT AND ADULT LEARNING
Maryland New Start Grant Program
10 MARYLAND DEPARTMENT OF HEALTH
Community-Based Substance Use Disorder Services
13A MARYLAND STATE BOARD OF EDUCATION
SPECIAL
INSTRUCTIONAL PROGRAMS
Adult High School Pilot Program
21 STATE PROCUREMENT REGULATIONS
Prevailing Wage—Contracts for Public Works
31 MARYLAND INSURANCE ADMINISTRATION
Proposed Action on Regulations
08 DEPARTMENT OF NATURAL RESOURCES
BOATING—SPEED
LIMITS AND OPERATION OF
VESSELS
09 MARYLAND DEPARTMENT OF LABOR
BOARD
OF EXAMINERS OF LANDSCAPE ARCHITECTS
Continuing Professional Competency Requirements
26 DEPARTMENT OF THE ENVIRONMENT
31 MARYLAND INSURANCE ADMINISTRATION
Standards for Medicare Supplement Policies
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 23-WQC-0014
MARYLAND
HEALTH CARE COMMISSION
MARYLAND DEPARTMENT OF TRANSPORTATION/
OFFICE
OF MINORITY BUSINESS ENTERPRISE
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
DECEMBER 2023†
|
Issue |
Emergency and Proposed Regulations 5
p.m.* |
Notices,
etc. 10:30
a.m. |
Final Regulations 10:30
a.m. |
|
2023 |
|||
|
May 19 |
May 1 |
May 8 |
May 10 |
|
June 2 |
May 15 |
May 22 |
May 24 |
|
June 16 |
May 26** |
June 5 |
June 7 |
|
June 30 |
June 12 |
June 16 ** |
June 21 |
|
July 14 |
June 26 |
July 3 |
July 5 |
|
July 28 |
July 10 |
July 17 |
July 19 |
|
August 11 |
July 24 |
July 31 |
August 2 |
|
August 25 |
August 7 |
August 14 |
August 16 |
|
September 8 |
August 21 |
August 28 |
August 30 |
|
September 22 |
September
1** |
September 11 |
September 13 |
|
October 6 |
September 18 |
September 25 |
September 27 |
|
October 20 |
October 2 |
October 6** |
October 11 |
|
November 3 |
October 16 |
October 23 |
October 25 |
|
November 17 |
October 30 |
November 6 |
November 8 |
|
December 1 |
November 13 |
November 20 |
November 22 |
|
December 15 |
November 27 |
December 4 |
December 6 |
|
December 29 |
December 11 |
December 18 |
December 20 |
† 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.
The regular closing date for Proposals and
Emergencies is Monday.
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 and corrections pertaining to proposed regulations are listed, followed by “(err)” or “(corr),” respectively. 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
03.02.01.01 • 50:8 Md. R. 340 (4-21-23)
03.02.02.05—.07 • 50:8 Md. R. 340 (4-21-23)
03.02.04.01,.02 • 50:8 Md. R. 340 (4-21-23)
05 DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT
05.03.09.01—.11 •
50:7 Md. R. 304 (4-7-23)
05.20.05.01—.12 •
49:25 Md. R. 1054 (12-2-22)
08 DEPARTMENT OF NATURAL
RESOURCES
08.02.03.11,.12 •
50:8 Md. R. 341 (4-21-23)
08.02.03.14 •
50:9 Md. R. 381 (5-5-23)
08.02.04.11 •
50:8 Md. R. 342 (4-21-23)
08.02.11.01 •
50:8 Md. R. 344 (4-21-23)
08.02.11.02,.04 •
50:8 Md. R. 345 (4-21-23)
08.02.13.03,.05,.10
• 50:8 Md. R. 346 (4-21-23)
08.02.20.01,.03 •
50:8 Md. R. 349 (4-21-23)
08.04.07.01 • 50:8 Md. R. 350
(4-21-23)
08.18.07.01 • 50:9 Md. R. 382
(5-5-23)
09 MARYLAND DEPARTMENT OF LABOR
09.03.14.01—.18 • 50:4 Md. R. 125 (2-24-23)
50:7 Md. R. 307 (4-7-23) (corr)
09.12.32.01—06 • 49:21 Md. R. 953 (10-7-22)
09.12.50.02,.02-1,.03 • 50:2 Md. R. 55 (1-27-23)
(ibr)
09.12.51.04 • 50:2 Md. R. 55 (1-27-23)
09.12.57.01,.02 • 50:2 Md. R. 62 (1-27-23) (ibr)
09.12.58.03,.04 • 50:2 Md. R. 63 (1-27-23) (ibr)
09.12.81.02 • 50:1 Md. R. 11 (1-13-23) (ibr)
09.22.01.13 • 50:3 Md. R. 92 (2-10-23)
09.28.04.01—.06,.08
• 50:9 Md. R. 382 (5-5-23)
10 MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 (2nd volume)
10.09.01.03,.06 •
50:4 Md. R. 135 (2-24-23)
10.09.02.01,.03—.05,.07—.09,.11
• 50:1 Md. R. 11 (1-13-23) (ibr)
10.09.04.01,.03,.04,.07
• 50:7 Md. R. 307 (4-7-23)
10.09.05.01,.03—.07
• 49:27 Md. R. 1113 (12-30-22)
10.09.07.08 •
50:7 Md. R. 309 (4-7-23)
10.09.09.01,.03—.07
• 50:6 Md. R. 220 (3-24-23) (ibr)
10.09.10.07,.08 •
50:6 Md. R. 221 (3-24-23)
10.09.12.06,.07 •
50:6 Md. R. 222 (3-24-23)
10.09.15.03,.07 • 50:4 Md. R. 136 (2-24-23)
10.09.16.01—.13 •
50:4 Md. R. 136 (2-24-23)
10.09.17.03,.04 •
50:4 Md. R. 139 (2-24-23)
10.09.23.01,.01-1,.03—.05,.07,.08
• 50:6 Md. R. 224 (3-24-23) (ibr)
10.09.27.01,.03—.06
• 50:6 Md. R. 225 (3-24-23)
10.09.29.07 •
50:7 Md. R. 310 (4-7-23)
10.09.31.01,.03—.06
• 49:22 Md. R. 982 (10-21-22)
10.09.33.01,.02,.06,.07,.09
• 50:6 Md. R. 227 (3-24-23)
10.09.34.06 •
50:6 Md. R. 228 (3-24-23)
10.09.40.01—.06 •
50:1 Md. R. 13 (1-13-23)
10.09.41.04,.07 • 49:16 Md. R. 762 (7-29-22)
10.09.48.08 •
50:6 Md. R. 229 (3-24-23)
10.09.49.03—.10 •
49:24 Md. R. 1028 (11-18-22)
10.09.52.01—.06 •
50:1 Md. R. 13 (1-13-23)
10.09.53.01,.07 •
50:7 Md. R. 311 (4-7-23)
10.09.54.01,.04,.14,.16,.17,.22
• 50:3 Md. R. 94 (2-10-23)
10.09.55.03,.06 •
49:27 Md. R. 1115 (12-30-22)
10.09.56.22 •
50:4 Md. R. 140 (2-24-23)
10.09.76.01,.03,.05
• 50:1 Md. R. 13 (1-13-23)
10.09.77.01,.03—.07,.10
• 50:1 Md. R. 21 (1-13-23)
10.09.89.09—.12,.14
• 50:6 Md. R. 230 (3-24-23)
10.09.96.01,.02,.05,.06
• 49:24 Md. R. 1028 (11-18-22)
Subtitles 10—22 (3rd volume)
10.15.07.01 • 49:27 Md. R. 1116
(12-30-22) (ibr)
10.21.01.04,.08 • 49:23 Md. R.
1000 (11-4-22)
Subtitles 23—36 (4th volume)
10.28.01.01—.06 •
49:26 Md. R. 1084 (12-16-22)
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)
10.34.14.01,.03..03-1
• 50:3 Md. R. 96 (2-10-23)
Subtitles 37—52 (5th volume)
10.37.10.26 • 49:18 Md. R. 822 (8-26-22)
10.38.13.01—.06 •
50:1 Md. R. 22 (1-13-23)
10.40.12.01—.06 • 49:26 Md. R. 1085 (12-16-22)
10.41.06.01—.06 • 49:26 Md. R. 1087 (12-16-22)
10.42.10.01—.06 • 49:26 Md. R. 1088 (12-16-22)
10.43.17.01—.06 •
50:2 Md. R. 68 (1-27-23)
10.46.08.01—.06 •
49:27 Md. R. 1116 (12-30-22)
Subtitles 53—68 (6th volume)
10.56.10.01—.06 •
49:27 Md. R. 1117 (12-30-22)
10.58.06.01—.06 •
49:26 Md. R. 1090 (12-16-22)
10.58.16.02,.13—.19
• 49:26 Md. R. 1090 (12-16-22)
10.63.01.02,.05 •
50:4 Md. R. 143 (2-24-23)
10.63.02.02 •
50:4 Md. R. 143 (2-24-23)
10.63.03.20,.21 •
50:4 Md. R. 143 (2-24-23)
10.65.10.01—.06 •
50:2 Md. R. 69 (1-27-23)
10.67.06.26-6 •
49:22 Md. R. 982 (10-21-22)
11 DEPARTMENT OF
TRANSPORTATION
Subtitles 11—23 (MVA)
11.06.05.01—.05 •
50:7 Md. R. 312 (4-7-23)
13A STATE BOARD OF EDUCATION
13A.01.08.01—16 •
50:7 Md. R. 313 (4-7-23)
13A.01.09.01—11 •
50:7 Md. R. 315 (4-7-23)
13A.06.07.06—.08,.11,.12,.18,.19
• 50:8 Md. R. 351 (4-21-23)
13A.08.01.03 •
50:7 Md. R. 317 (4-7-23)
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.01.01.17 •
50:4 Md. R. 153 (2-24-23)
13B.02.06.01,.06,.11,.14
• 50:4 Md. R. 153 (2-24-23)
13B.03.01.03,.13
• 50:4 Md. R. 155 (2-24-23)
13B.07.02.03 •
50:4 Md. R. 156 (2-24-23)
13B.08.01.02 •
49:16 Md. R. 772 (7-29-22)
13B.08.12.01—.08
• 50:4 Md. R. 156 (2-24-23)
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)
13B.08.20.02—.13
• 50:4 Md. R. 158 (2-24-23)
14 INDEPENDENT AGENCIES
14.04.09.01—.04 •
49:9 Md. R. 536 (4-22-22)
14.22.02.02 •
50:8 Md. R. 352 (4-21-23)
14.35.10.01—.16 •
50:8 Md. R. 353 (4-21-23)
14.40.04.01—.03 • 50:2 Md. R. 70 (1-27-23)
14.40.05.03,.04 • 50:2 Md. R. 71 (1-27-23)
20 PUBLIC SERVICE
COMMISSION
20.51.01.02 • 50:6 Md. R. 232
(3-24-23)
20.51.02.03,.10 • 50:6 Md. R. 232
(3-24-23)
20.53.01.02 • 50:6 Md. R. 234
(3-24-23)
20.53.03.02 • 50:6 Md. R. 234
(3-24-23)
20.53.04.02 • 50:6 Md. R. 234 (3-24-23)
20.53.07.02,.05,.07,.08,.10,.12—.14
• 50:6 Md. R. 234 (3-24-23)
20.54.01.02 • 50:6 Md. R. 237
(3-24-23)
20.54.02.03,.10 • 50:6 Md. R. 237
(3-24-23)
20.59.01.02 • 50:6 Md. R. 238
(3-24-23)
20.59.03.02 • 50:6 Md. R. 238
(3-24-23)
20.59.04.02 • 50:6 Md. R. 238
(3-24-23)
20.59.07.02,.05,.07,.08,.10,.12—.14
• 50:6 Md. R. 238 (3-24-23)
20.61.01.03 • 50:6 Md. R. 241
(3-24-23)
20.61.02.01,.03 • 50:6 Md. R. 241
(3-24-23)
20.61.05.01 • 50:6 Md. R. 241
(3-24-23)
20.61.06.01—.03,.06,.12,.18 •
50:6 Md. R. 241 (3-24-23)
26 DEPARTMENT OF THE
ENVIRONMENT
Subtitles 01—07 (Part 1)
26.04.01.01,.01-1,.20,.37 • 50:3
Md. R. 106 (2-10-23) (ibr)
26.04.12.01—.07 • 50:2 Md. R. 73
(1-27-23)
Subtitles 08—12 (Part 2)
26.11.19.20 •
49:27 Md. R. 1119 (12-30-22)
26.11.42.01—.11 •
49:27 Md. R. 1119 (12-30-22) (ibr)
26.12.01.01 •
50:9 Md. R. 384 (5-5-23) (ibr)
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
30.08.08.01—.22 •
50:5 Md. R. 184 (3-10-23)
31 MARYLAND INSURANCE
ADMINISTRATION
31.03.02.03 •
50:8 Md. R. 355 (4-21-23)
31.10.06.06 •
50:9 Md. R. 385 (5-5-23)
33 STATE BOARD OF
ELECTIONS
33.01.05.06 •
50:7 Md. R. 317 (4-7-23)
33.01.07.01—.06 •
49:9 Md. R. 537 (4-22-22)
33.03.02.01,.03,.04 • 50:7 Md. R.
317 (4-7-23)
33.10.01.18 • 50:7 Md. R. 317
(4-7-23)
33.12.02.05 • 50:7 Md. R. 317
(4-7-23)
33.13.02.03 • 50:5 Md. R. 190
(3-10-23)
33.13.10.01,.04 • 50:5 Md. R. 190
(3-10-23)
33.13.20.03 • 50:5 Md. R. 190
(3-10-23)
33.13.22.01—.03,.05—.07 • 50:5
Md. R. 190 (3-10-23)
33.13.23.01—.11 • 50:5 Md. R. 190
(3-10-23)
33.16.02.01,.03—.06 • 50:7 Md. R.
317 (4-7-23)
33.16.04.02 • 50:7 Md. R. 317
(4-7-23)
33.16.05.04 • 50:7 Md. R. 317
(4-7-23)
33.17.02.02,.04 • 50:7 Md. R. 317
(4-7-23)
33.18.01.02 • 50:5 Md. R. 190
(3-10-23)
33.21.01.02 • 50:7 Md. R. 317
(4-7-23)
33.21.03.02,.03 • 50:7 Md. R. 317 (4-7-23)
33.21.04.06 •
50:7 Md. R. 317 (4-7-23)
For additional up-to-date
information concerning bills introduced in the General Assembly, log on to http://mlis.state.md.us and click on Bill Information and Status. You may then enter a specific bill number for
information about that bill. You may
also click on Senate Synopsis or House Synopsis for the most recent synopsis
list for each house, or click on Synopsis Index for a listing of all bill
synopses since the beginning of the legislative session.
Chapters
CH0001 Executive Order 01.01.2023.02 Governor Wes Moore. Reorganization of State Government – The Department of
Service and Civic Innovation.
CH0002
SB0555 (Amended) The Pres (Admin),
et al. Fair Wage Act of 2023.
CH0003
SB0552 (Amended) The Pres (Admin),
et al. Family Prosperity Act of 2023.
CH0004
HB0547 (Amended) The Spkr (Admin),
et al. Family Prosperity Act of 2023.
CH0005
SB0686 (Amended) Sen Smith. Civil Actions - CHild Sexual Abuse -
Definition, Damages, and Statute of Limitations (The CHild Victims Act of 2023).
CH0006
HB0001 (Amended) Del Wilson, et al. Civil Actions - CHild Sexual Abuse -
Definition, Damages, and Statute of Limitations (The CHild Victims Act of 2023).
CH0007
HB0774 (Amended) The Spkr (Atty Gen
Ofc), et al. Assisted Living Programs -
Unlicensed Programs - Resident Abuse, Exploitation, and Neglect (The Senator
Delores Kelley Residents of Unlicensed Programs Protection Act).
CH0008
SB0665 (Amended) The Pres (Atty Gen
Ofc), et al. Assisted Living Programs -
Unlicensed Programs - Resident Abuse, Exploitation, and Neglect (The Senator
Delores Kelley Residents of Unlicensed Programs Protection Act).
CH0009
SB0541 (Amended) The Pres (Atty Gen
Ofc). Cigarettes - Wholesalers -
Disclosure of Information.
CH0010
HB0777 (Amended) The Spkr (Atty Gen
Ofc). Cigarettes - Wholesalers -
Disclosure of Information.
CH0011
HB0339 (Amended) Del White, et al. Maryland LynCHing Truth and Reconciliation
Commission - Reporting and Sunset Extension.
CH0012
SB0478 (Amended) Sen Sydnor, et al. Maryland LynCHing Truth and Reconciliation
Commission - Reporting and Sunset Extension.
CH0013
HB1244 (Amended) Del Attar, et al. Maryland Holocaust Remembrance Day.
CH0014
SB0842 (Enrolled) Sen Kramer, et al. Maryland Holocaust Remembrance Day.
CH0015
HB0504 Del Kaiser, et al. Maryland Developmental Disabilities Council -
Establishment.
CH0016
SB0168 Sen Guzzone. Maryland Developmental Disabilities Council -
Establishment.
CH0017
SB0174 (Amended) Sen Guzzone, et al. Sales and Use Tax Exemption - Redevelopment
Areas in Baltimore County - Sunset Extension.
CH0018
HB0237 Dels Atterbeary and
Metzgar. Sales and Use Tax Exemption -
Redevelopment Areas in Baltimore County - Sunset Extension.
CH0019
SB0241 Sen Guzzone (Office
of the Comptroller). Commercial Law –
Abandoned Property – Alterations.
CH0020
SB0242 Sen Guzzone (Office
of the Comptroller). Income Tax - Work
Opportunity Tax Credit - TeCHnical Correction.
CH0021
SB0243 (Amended) Sen Guzzone (Offc
of the Cmptrllr), et al. Income Tax - CHild
and Dependent Care Tax Credit - Alterations.
CH0022
SB0659 (Amended) The Pres (Office of
the Comptroller). Modernization of State
Financial Systems - 21st Century Financial Systems Enterprise.
CH0023
HB0709 (Amended) The Spkr (Office of
the Comptroller). Modernization of State
Financial Systems - 21st Century Financial Systems Enterprise.
CH0024
SB0152 Sen Augustine
(JtCMPF). Bond Sales - Notification of
the Public.
CH0025
HB0388 Del Watson. Bond Sales - Notification of the Public.
CH0026
HB0429 (Amended) Del CHarles, et al. Procurement Improvement Council - Membership
and Duties.
CH0027
SB0451 (Enrolled) Sens Griffith and
Hester. Procurement Improvement Council
- Membership and Duties.
CH0028
HB0379 Del Jackson. Commissioner of Financial Regulation - Name
and Organization of Office.
CH0029
SB0929 Sen Griffith. Commissioner of Financial Regulation - Name
and Organization of Office.
CH0030
SB0716 CHr, Educ, Energy,
and Envi Committee. State Board of
Examiners of Landscape ArCHitects - Sunset Extension.
CH0031
SB0717 CHr Educ, Energy,
and Env Committee. State Board of
Stationary Engineers - Sunset Extension.
CH0032
SB0713 (Amended) CHr, Educ, Energy,
and Env Committee. State Board of ArCHitects
- Sunset Extension.
CH0033
SB0714 CHr, Educ, Energy,
and Env Committee. State Board of
Certified Interior Designers - Sunset Extension.
CH0034
SB0715 CHr, Educ, Energy,
and the Env Committee. State Board of
Foresters - Sunset Extension.
CH0035
HB0497 Del Jacobs, et al. Rural Health Collaborative Pilot Repeal and
Mid Shore Health Improvement Coalition Funding.
CH0036
SB0498 Sens Hershey and
Mautz. Rural Health Collaborative Pilot
Repeal and Mid Shore Health Improvement Coalition Funding.
CH0037
SB0724 Chr FIN (Dept). Health Insurance Carriers - Requirements for
Internal Grievance Process - Modification.
CH0038
SB0725 (Amended) Chr FIN (Dept). Insurance - Product and Service Offerings.
CH0039
HB0279 Del Cullison. Prescription Drug Affordability Board - Upper
Payment Limits.
CH0040
SB0202 Sen Feldman. Prescription Drug Affordability Board - Upper
Payment Limits.
CH0041
HB0019 (Amended) Del Woods, et al. State Board of Examiners of Psychologists -
License and Registration Issuance and Renewals - Electronic Means.
CH0042
SB0349 (Amended) Sen M. Washington. State Board of Examiners of Psychologists -
License and Registration Issuance and Renewals - Electronic Means.
CH0043
HB0053 (Amended) Del Forbes, et al. Human Services - Maryland Statewide
Independent Living Council.
CH0044
SB0608 (Amended) Sen M. Washington. Human Services - Maryland Statewide
Independent Living Council.
CH0045
HB0141 (Amended) Del Qi, et al. State Government – Commission on LGBTQIA+
Affairs – Alterations.
CH0046
SB0251 (Enrolled) Sen M. Washington. State Government - Commission on LGBTQIA+
Affairs - Alterations.
CH0047
HB0124 (Amended) The Spkr, et al. Mandated Reports - Revisions.
CH0048
SB0131 (Enrolled) The Pres. Mandated Reports - Revisions.
CH0049
SB0667 The Pres (DLS). Annual Corrective Bill.
CH0050
SB0877 The Pres (DLS). Annual Curative Bill.
CH0051
SB0726 (Amended) Chr FIN (Dept). State Board of Examiners of Psychologists -
Sunset Extension.
CH0052
SB0727 (Amended) Chr FIN (Dept). State Board of Physical Therapy Examiners -
Sunset Extension.
CH0053
SB0728 (Amended) Chr FIN (Dept). State Board of Examiners in Optometry -
Sunset Extension.
CH0054
SB0731 (Amended) Chr FIN (Dept). State Board for Certification of Residential Child
Care Program Professionals - Sunset Extension.
CH0055
HB0026 (Amended) Del Bagnall, et al. Health Occupations - Psychologists -
Licensure Qualification.
CH0056
HB0238 (Amended) Del Taveras, et al. Massage Therapy - Discipline.
CH0057
SB0215 (Amended) Sens Ellis and
Augustine. Massage Therapy - Discipline.
CH0058
SB0375 (Amended) Sen Ellis. State Board of Physicians – Inactive and
Emeritus Status.
CH0059
HB0453 (Amended) Del Szeliga, et al. State Board of Physicians - Inactive and Emeritus
Status.
CH0060
HB0401 (Amended) Del Martinez, et al. Maryland Audiology, Hearing Aid Dispensing,
Speech-Language Pathology, and Music Therapy Act - Definitions and Application.
CH0061
SB0449 (Amended) Sen Gile, et al. Maryland Audiology, Hearing Aid Dispensing,
Speech-Language Pathology, and Music Therapy Act - Definitions and Application.
CH0062
SB0672 Sen Klausmeier. Alcoholic Beverages - Use of Alcoholic
Beverages for Educational Purposes.
CH0063
HB0987 Dels Valderrama and
Crosby. Alcoholic Beverages – Use of
Alcoholic Beverages for Educational Purposes.
CH0064
HB0492 Del Chisholm, et al. Anne Arundel County - School Vehicles -
Duration of Operation.
CH0065
SB0718 (Amended) Chr, Educ, Energy,
and Env Committee. Voluntary Cleanup Program
- Determination and Recordation Deadlines.
CH0066
HB0030 Del Stein. Environment - On-Site Wastewater Services -
Board, Fees, and Penalties.
CH0067
SB0007 Sen West. Environment - On-Site Wastewater Services -
Board, Fees, and Penalties.
CH0068
HB0161 (Amended) Dels Korman and
Szeliga. Northeast Maryland Waste
Disposal Authority - Evaluation, Termination of Bond Authority, and Assumption
of Functions, Employees, and Contracts (Northeast Maryland Waste Disposal
Authority Sunset Act).
CH0069
HB0516 Del Love. Agriculture - Use of Antimicrobial Drugs -
Reporting Deadlines.
CH0070
SB0723 Chr B&T (Dept). Corporations and Associations - Electronic
Copies Fee - Repeal.
CH0071
SB0068 Sen Carozza. Law Enforcement Officers’ Pension System -
Crisfield Police Department.
CH0072
HB0163 Del Otto. Law Enforcement Officers’ Pension System -
Crisfield Police Department.
CH0073
SB0082 Sen Mautz. Correctional Officers’ Retirement System –
Talbot County.
CH0074
HB0010 Del Adams. Correctional Officers’ Retirement System –
Talbot County.
CH0075
SB0276 Sen McKay. Law Enforcement Officers’ Pension System -
Frostburg City Police Department.
CH0076
HB0792 Dels Buckel and
Hinebaugh. Law Enforcement Officers’
Pension System – Frostburg City Police Department.
CH0077
HB0648 Del Hinebaugh. Garrett County - Tax Sales - Auctioneer Fees.
CH0078
SB0384 Sen McKay. Garrett County – Tax Sales – Auctioneer Fees.
CH0079
HB0779 (Amended) Del Buckel, et al. Tax Sales – Revisions.
CH0080
SB0518 (Amended) Sen Corderman, et
al. Tax Sales - Revisions.
CH0081
SB0305 Carroll County
Senators. Carroll County - Public
Facilities Bond.
CH0082
HB0644 Frederick County
Delegation. Frederick County - Alcoholic
Beverages Licenses - Golf Simulator Facility.
CH0083
HB0679 Frederick County
Delegation. Frederick County – Alcoholic
Beverages Licenses – Display of License.
CH0084
HB0939 Frederick County
Delegation. Frederick County - Alcoholic
Beverages - Sunday Sales.
CH0085
HB0991 Frederick County Delegation. Frederick County - Alcoholic Beverages -
Basket of Cheer.
CH0086
HB0997 Frederick County
Delegation. Frederick County - Alcoholic
Beverages - Consumption Permits.
CH0087
HB1062 Harford County
Delegation. Harford County - Alcoholic Beverages
- Alteration of License Quota.
CH0088
HB0146 Howard County
Delegation. Howard County - Alcoholic
Beverages - Public Hearing Ho. Co. 13-23.
CH0089
HB0277 Montgomery County
Delegation. Montgomery County –
Alcoholic Beverages – Holders of Class B–BWL (Clubhouse/Lodge) License and
Class 7 Micro–Brewery License MC 16–23.
CH0090
HB0345 Montgomery County
Delegation. Montgomery County - Alcohol
Beverage Services - Advisory Board MC 04-23.
CH0091
HB0763 Montgomery County
Delegation. Montgomery County -
Collective Bargaining for Sheriff’s Office Employees - Binding Arbitration
Procedures MC 13-23.
CH0092
HB0764 (Amended) Montgomery County
Delegation. Montgomery County Housing
Opportunities Commission - Collective Bargaining Agreement Implementation -
Impasse Arbitration MC 10-23.
CH0093
HB0436 (Amended) Prince George’s
County Delegation. Prince George’s
County - Alcoholic Beverages - Licensing PG 305-23.
CH0094
HB0946 (Amended) Prince George’s
County Delegation. Prince George’s
County - Alcoholic Beverages - Main Street Laurel Development PG 404-23.
CH0095
SB0781 (Enrolled) Sen Hester, et al. Offshore Wind Energy - State Goals and
Procurement (Promoting Offshore Wind Energy Resources Act).
CH0096
SB0224 (Enrolled) Sen Augustine, et al. Department of the Environment - Zero-Emission
Medium- and Heavy-Duty Vehicles - Regulations (Clean Trucks Act of 2023).
CH0097
HB0230 (Amended) Del Love, et al. Department of the Environment - Zero-Emission
Medium- and Heavy-Duty Vehicles - Regulations (Clean Trucks Act of 2023).
CH0098
HB0550 (Amended) The Spkr (Admin),
et al. Maryland Energy Administration –
Energy Programs – Modifications (Clean Transportation and Energy Act).
[23-09-02]
This is to certify that by an Order of this Court dated April 21, 2023, RACHAEL-ANNE HAMMER (CPF# 9912150017), as of April 21, 2023, Rachael-Anne Hammer has been suspended for sixty days, effective immediately and her name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).
* * * * * * * * * *
This is to certify that by an Order of this Court dated April 21, 2023, JUSTIN MICHAEL WINTER (CPF# 1112150286), as of April 21, 2023, Justin Michael Winter has been temporarily suspended, effective immediately and his name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).
[23-09-01]
Emergency Action on Regulations
Symbol Key
• Roman
type indicates text existing before emergency status was granted.
• Italic
type indicates new text.
• [Single brackets] indicate deleted text.
Emergency Regulations
Under State
Government Article, §10-111(b), Annotated Code of Maryland, an agency may
petition the Joint Committee on Administrative, Executive, and Legislative
Review (AELR), asking that the usual procedures for adopting regulations be set
aside because emergency conditions exist. If the Committee approves the
request, the regulations are given emergency status. Emergency status means
that the regulations become effective immediately, or at a later time specified
by the Committee. After the Committee has granted emergency status, the
regulations are published in the next available issue of the Maryland Register.
The approval of emergency status may be subject to one or more conditions,
including a time limit. During the time the emergency status is in effect, the
agency may adopt the regulations through the usual promulgation process. If the
agency chooses not to adopt the regulations, the emergency status expires when
the time limit on the emergency regulations ends. When emergency status
expires, the text of the regulations reverts to its original language.
Title 15
MARYLAND DEPARTMENT OF AGRICULTURE
Subtitle 01 OFFICE OF THE SECRETARY
Authority: Agriculture Article, §14-307, Annotated Code of Maryland
Notice of Emergency Action
[23-084-E]
The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulations .02, .08, and .10, new Regulation .11, amendments to and the recodification of existing Regulations .11—.13 and .15 to be Regulations .12—.14 and .16, respectively, and the recodification of existing Regulations .14 and .16—.19 to be Regulations .15 and .17—.20 under COMAR 15.01.07 Hemp Farming Program.
Emergency
status began: April 16, 2023.
Emergency
status expires: August 10, 2023.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action will have a positive economic impact on licensed hemp growers (albeit, indeterminable). It provides growers a larger harvest window, increasing the grower’s time to complete the harvest from 15 days to 30 days before the Department or an authorized agent is required to collect a new sample of a lot for testing. This change will result in less testing and less downtime for the grower at harvest-time. While growers still must submit planting reports and annual production reports, the proposed action eliminates the requirement to submit a pre-harvest report and a post-harvest report. This change, like the previous change, will put licensed hemp growers in this State on an even playing field with growers in surrounding states.
The proposed action also imposes certain requirements pertaining to hemp greens, hemp microgreens, and hemp transplants that, if followed by a licensed grower, will allow for performance-based sampling protocols (which include seed certification processes and other processes that identify varieties that have consistently resulted in compliant hemp plants) to determine THC compliance.
Finally,
the proposed action offers a licensed hemp grower whose crop is deemed
nonmarketable a remediation option that is consistent with remediation
guidelines approved by the U.S. Domestic Hemp Production Program.
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Revenue (R+/R-) |
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Impacted Entity |
Expenditure (E+/E-) |
Magnitude |
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A. On issuing agency: |
NONE |
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B. On other State agencies: |
NONE |
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C. On local governments: |
NONE |
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Benefit (+) |
Magnitude |
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D. On regulated industries or trade groups: |
(+) |
Indeterminable/ Minimal |
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E. On other industries or trade groups: |
NONE |
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F. Direct and indirect effects on public: |
NONE |
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III. Assumptions. (Identified by Impact Letter and Number from Section II.) |
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D. Increasing a grower’s time to complete a harvest from 15 days to 30 days before the Department or an authorized agent is required to collect a new sample of a lot for testing should result in less testing and less downtime for the grower at harvest-time. Eliminating the requirement to submit a pre-harvest report and a post-harvest report will also benefit growers. Growers should also benefit from the establishment of a performance-based sampling protocol to determine THC compliance for hemp greens, hemp microgreens, and hemp transplants (i.e., plants not intended to be produced to a mature, flowering state). Finally, growers should also benefit from a remediation option (that is consistent with remediation guidelines approved by the U.S. Domestic Hemp Production Program) if the grower’s crop is initially deemed nonmarketable. While the proposal will benefit all licensed hemp growers, it will likely benefit some growers more than others. |
||
Economic Impact on Small Businesses
The emergency action has minimal or no economic impact on small businesses.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(19) (text unchanged)
(20) “Hemp greens” means hemp leaves from immature plants that
are no more than 10 inches tall and are not flowering.
(21) “Hemp Microgreens” means immature hemp seedlings for human
consumption that are:
(a) Cut-off above
the soil or substrate line and harvested before flowering and not more than 14
days after germination; and
(b) Typically
between 2 and 3 inches in height, but not taller than 5 inches.
(22) “Hemp
transplants” means nonflowering hemp seedlings, rooted cuttings, immature
plants produced from tissue culture, or other means of reproduction, which are
not harvested but transplanted into a large container or field to mature for
harvest.
[(20)] (23)—[(37)] (40)
.08 Grower Reporting Requirements.
A.—B. (text unchanged)
(1) At least 5 days before the expected harvest date of a hemp crop, a
licensed grower shall submit to the Department a signed, complete, accurate, and legible Departmental
Pre-Harvest Report that includes:
(a) The licensed grower’s full name and contact information;
(b) The license number; and
(c) The anticipated date range for initiating and completing harvest,
shown by lot, and, if the crop is being grown outdoors, a map designating the
location of the lot or lots being harvested.
(2) If more than one harvest date is being reported for lots within a
growing area, the map shall designate the locations of the lots, and the
intended harvest dates that are to be harvested under the Pre-Harvest Report.
(3) If a licensed grower fails to submit a Pre-Harvest Report and
proceeds to harvest a crop before a sample is collected by the Department, the
Department may suspend or revoke the person’s license.
D. Postharvest Report. Within 15 days after a harvest of a lot is
complete, the licensed grower shall submit to the Department a signed,
complete, accurate, and legible Departmental Postharvest Report that includes:
(1) The licensed grower’s full name and contact information;
(2) The license number; and
(3) The independent harvest date of each lot.]
[E.] C.—[I.] G. (text unchanged)
.10 Sampling and Testing for THC.
A. (text unchanged)
B. Official Sampling Methodology. To ensure a confidence level of 95 percent that no more than 1 percent of the plants in a lot exceeds the acceptable hemp THC level, official samples collected by the Department or an authorized agent shall be done in accordance with the Department’s sampling methodology, which requires that:
(1)—(9) (text unchanged)
(11)—(12) (text unchanged)
C.—E. (text unchanged)
.11 Hemp Greens, Hemp Microgreens,
and Hemp Transplants.
A. Performance-Based Sampling Protocol.
For hemp plants that are not intended to be produced to a mature, flowering
state (for example, hemp greens, hemp microgreens, and hemp transplants), the
Department may utilize a performance-based sampling protocol to determine THC
crop compliance. This protocol, which has been approved by USDA, includes seed
certification processes and other processes that identify varieties that have consistently
resulted in compliant hemp plants.
B. Notice to the Department. At planting, the licensed grower
shall notify the Department of the grower’s intent and plans for producing hemp
greens, hemp microgreens, or hemp transplants, including the grower’s intent to
harvest these plants.
C. If the licensed grower is intending to produce hemp
greens, hemp microgreens, or hemp transplants, the grower may only use hemp
seeds or propagules that originate from THC compliant hemp plants. To ensure
this, the licensed grower may only use:
(1) Seeds originating from THC compliant hemp plants that
have been certified by a member agency of the Association of Official Seed
Certifying Agencies;
(2) Seeds derived from hemp plants that were tested during
the preceding 2-year period and, for each of these 2 years, deemed THC
compliant by the Department, an authorized laboratory, or other USDA-approved Hemp Program; and
(3) Propagules from hemp plants that were tested by the
Department, an authorized agency, or other USDA-approved Program and deemed THC
compliant.
D. If the licensed grower is using certified seeds, the
grower shall provide the Department copies of the seed tags. If the licensed
grower is using propagules, the grower shall provide the Department the test results
of the hemp plants.
E. The Department may conduct random testing of hemp greens,
hemp microgreens, and hemp transplants produced by licensed growers. The
Department may collect samples for determining the total THC concentration. The
licensed grower shall have an authorized representative on-site during the site
inspection conducted by the Department. If the crop does
not meet the protocol for determining crop compliance under this regulation,
the licensed grower shall hold the harvest lot until notified by the Department
of the grower’s options.
F. Hemp Microgreens Verification. The
Department shall verify that the producer:
(1) Obtained and
used only authorized hemp seed or propagules;
(2) Harvested the crop no more than 14 days after planting;
(3) Only grew hemp plants that were no more than 5 inches in
height; and
(4) Did not grow hemp plants to a flowering state.
G. Hemp Greens Verification. The Department shall verify that
the producer:
(1) Obtained and used only authorized hemp seed or
propagules;
(2) Harvested the crop prior to the plants being 10 inches in
height; and
(3) Did not produce a flowering crop.
H. Hemp Transplants Verification. The Department shall verify
that the producer:
(1) Obtained and used only authorized hemp seed or
propagules;
(2) Only grew plants that were no more than 12 inches in
height; and
(3) Did not grow plants to a flowering state.
I. If the licensed grower produces a crop that does not meet
the protocol for determining THC crop compliance under this regulation, the
grower shall:
(1) Follow the compliance, sampling, and testing requirements
set forth in Regulation .10 of this chapter; or
(2) Dispose of the crop.
J. Records.
(1) Proof of THC Compliance. A licensed grower producing hemp
greens, hemp microgreens, or hemp transplants shall maintain for 3 years
records showing proof of THC compliance of seeds or propagules used to produce
these crops.
(2) Sales Records. A licensed grower producing hemp
transplants shall maintain for 3 years records showing the name and address of
persons to whom the transplants were sold or transferred.
[.11] .12 Prerequisites for Placing Hemp in Commerce.
A.—B. (text unchanged)
C. Hemp samples with a post-decarboxylated THC level equal to or below 0.3 percent THC [requires] require no further action by the Department. The area or harvested plant material from which the sample was obtained that was harvested within [15] 30 days of the date of sampling may be marketed or further processed.
[.12] .13 Nonmarketable Hemp.
A. Upon receipt of a failing test result, a licensed grower may request resampling and retesting of the varieties in question. If no retest is requested, or the retested sample is greater than 0.3 percent THC, the area represented by the sample, or any harvested hemp from the area represented by the sample shall be disposed of as provided in Regulation [.13] .14 of this chapter. The grower shall retain all such testing results and make them available to the Department upon demand for a minimum of 3 years.
B.—C. (text unchanged)
[.13] .14 Grower’s Duty to Dispose of Nonmarketable Hemp.
A.—B. (text unchanged)
C. If hemp is deemed nonmarketable (that is, the plants exceed the acceptable hemp THC level), the Department shall:
(1)—(2) (text unchanged)
(3) Offer options for retesting and remediation consistent with remediation guidelines approved by U.S. Domestic Hemp Production Program; and
(4) (text unchanged)
D.—G. (text unchanged)
[.15] .16 Notice, Hearings, and Appeals.
A. Notice. If it determines that sanctions are warranted against a person under Regulation [.14] .15 of this chapter, the Department shall provide the person written notice of the violation via regular mail, certified mail, or personal service that includes:
(1)—(6) (text unchanged)
B.—D. (text unchanged)
STEVEN A. CONNELLY
Deputy Secretary of Agriculture
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 08
DEPARTMENT OF NATURAL RESOURCES
Authority: Natural Resources Article, §§10-206 and 1-104(g), Annotated Code of Maryland
Notice of Final Action
[22-283-F]
On April 17, 2023, the Secretary of Natural Resources adopted the repeal of existing Regulation .11 and adopted new Regulation .11 under COMAR 08.03.09 Wildlife Possession. This action, which was proposed for adoption in 50:2 Md. R. 52—54 (January 27, 2023), has been adopted as proposed.
Effective Date: May 15, 2023.
JOSH KURTZ
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 01 OFFICE OF THE SECRETARY
09.01.12 Apprenticeship Maryland
Authority: Business Regulation Article, §2-105; Labor and Employment Article, §11-603(k); Annotated Code of Maryland
Notice of Final Action
[22-308-F]
On April 18, 2023, the Secretary of Labor adopted the repeal of Regulations .01—.08 under COMAR 09.01.12 Apprenticeship Maryland. This action, which was proposed for adoption in 50:2 Md. R. 55 (January 27, 2023), has been adopted as proposed.
Effective Date: May 15, 2023.
PORTIA WU
Secretary
Subtitle 19 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS — REAL ESTATE APPRAISERS
09.19.02 Educational Requirements
Authority: Business Occupations and Professions Article, §§16-216, 16-220, 16-302(g), 16-308, 16-309, and 16-5A-01, Annotated Code of Maryland
Notice of Final Action
[22-253-F]
On April 11, 2023, the Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors adopted amendments to Regulation .04 under COMAR 09.19.02 Educational Requirements. This action, which was proposed for adoption in 50:3 Md. R. 91—92 (February 10, 2023), has been adopted as proposed.
Effective Date: May 15, 2023.
SEAN TROXELL
Chair
Subtitle 37 WORKFORCE DEVELOPMENT AND ADULT LEARNING
09.37.05 Maryland New Start Grant Program
Authority: Labor and
Employment Article, §11-606, Annotated Code of Maryland
Notice of Final Action
[22-204-F]
On April 18, 2023, the Department of Labor adopted new Regulations .01—.08 under a new chapter, COMAR 09.37.05 Maryland New Start Grant Program. This action, which was proposed for adoption in 49:26 Md. R. 1083—1084 (December 16, 2022), has been adopted as proposed.
Effective Date: May 15, 2023.
PORTIA WU
Secretary of Labor
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.80 Community-Based Substance Use Disorder Services
Authority: Health-General Article, §§2-104(b), 7.5-204, 7.5-205(d), 7.5-402, 8-204(c)(1), 15-103(a)(1), and 15-105(b), Annotated Code of Maryland
Notice of Final Action
[23-003-F]
On April 24, 2023, the Secretary of Health adopted amendments to Regulations .01, .05, .06, and .08 under COMAR 10.09.80 Community-Based Substance Use Disorder Services. This action, which was proposed for adoption in 50:4 Md. R. 141—143 (February 24, 2023), has been adopted with the nonsubstantive changes shown below.
Effective Date: May 15, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:
Regulation .06B(5): The Department will remove quantitative service limitations for peer recovery support services. As such, the Department is removing the language from this regulation that limits reimbursement of individual peer recovery support services to a maximum of 24 units (6 hours) per day.
Regulation .06B(6): The Department will remove quantitative service limitations for peer recovery support services. As such, the Department is removing the language from this regulation that limits reimbursement of group peer recovery support services to a maximum of 6 units per day.
.06 Limitations.
A. (proposed text unchanged)
B. Providers may not be reimbursed by the Program for:
(1)—(4) (proposed text unchanged)
[[(5) More than 24 units of individual peer recovery support services per day per participant;
(6) More than 6 units of group peer recovery support services per day per participant;]]
[[[]](5)[[] (7)]]—[[[]](18)[[] (20)]] (proposed text unchanged)
[[(21)]] (19) (proposed text unchanged)
C.—K. (proposed text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
IMPORTANT
CORRECTION
COMAR 10.47.07
The Notice of Final Action docketed as 22-314-F in 50:8 Md. R. 338
(April 21, 2323) was published with the incorrect effective date of May 1,
2023. The correct effective date is July 20, 2023.
Title 13A
MARYLAND STATE BOARD OF EDUCATION
Subtitle 05 SPECIAL INSTRUCTIONAL PROGRAMS
13A.05.14 Adult High School Pilot Program
Authority: Education Article,
§§2-205 and 9.7-101—9.7-110, Annotated Code of Maryland
Notice of Final Action
[22-311-F]
On April 25, 2023, the State Board of Education adopted new Regulations .01—.13 under a new chapter, COMAR 13A.05.14 Adult High School Pilot Program. This action, which was proposed for adoption in 50:4 Md. R. 151—153 (February 24, 2023), has been adopted as proposed.
Effective Date: May 15, 2023.
MOHAMMED CHOUDHURY
State Superintendent of Schools
Title 21
STATE PROCUREMENT REGULATIONS
Subtitle 11 SOCIOECONOMIC POLICIES
21.11.11 Prevailing Wage—Contracts for Public Works
Authority: State Finance and Procurement Article, §§17-202, 17-204(a), and 17-221, Annotated Code of Maryland
Notice of Final Action
[22-324-F]
On April 21, 2023, the Commissioner of Labor and Industry adopted amendments to Regulation .01, new Regulations .06 and .07, and the recodification of existing Regulations .06 and .07 to be Regulations .08 and .09 under COMAR 21.11.11 Prevailing Wage—Contracts for Public Works. This action, which was proposed for adoption in 50:2 Md. R. 72—73 (January 27, 2023), has been adopted as proposed.
Effective Date: May 15, 2023.
MATTHEW S. HELMINIAK
Commissioner Labor and Industry
Title 31
MARYLAND INSURANCE ADMINISTRATION
Subtitle 10 HEALTH INSURANCE—GENERAL
Authority: Insurance Article, §§2-109(a)(1) and 15-112(a)—(d), Annotated Code of Maryland
Notice of Final Action
[22-368-F]
On April 24, 2023, the Insurance Commissioner adopted amendments to existing Regulation .02, new Regulations .03 and .08, and amendments to and the recodification of existing Regulations .03—.06 and .07—.09 to be Regulations .04—.07 and .09—.11, respectively, under COMAR 31.10.44 Network Adequacy. This action, which was proposed for adoption in 50:4 Md. R. 160—171 (February 24, 2023), has been adopted with the nonsubstantive changes shown below.
Effective Date: May 15, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:
The changes that were implemented were only to improve the formatting of the regulation or to add clarity.
.03 Network Adequacy
Standards.
A. Sufficiency Standards.
(1) — (7) (proposed text unchanged)
(8) The identification of the number of
participating providers described in §A(7) of this regulation:
(a) Shall include [[all]] either:
(i) All participating
providers who were credentialed for a specific provider type or specialty code
listed in the uniform credentialing form described in Insurance Article,
§15-112.1, Annotated Code of Maryland; or
(ii) All participating
providers who reported a specific provider type or specialty code when
completing the uniform credentialing form described in Insurance Article,
§15-112.1, Annotated Code of Maryland; and
(b) (proposed text
unchanged)
(9) — (10) (proposed text unchanged)
B. (proposed text
unchanged)
.04 Filing and Content of Access Plan.
A. — H. (proposed text
unchanged)
I. A carrier may file the information described in §C(3), (4), and (12)
of this regulation separately from the other access plan materials described in
§C of this regulation, provided the information described in §C(3), (4), and
(12) of this regulation is submitted by a calendar day that shall be designated
in a bulletin issued by the Commissioner at least 60 days prior to such filing
date. The date by which the information described in §C(3), (4), and (12) of
this regulation must be filed shall be set later in time than July 1 of the
reporting year.
.08 Telehealth.
A. — B. (proposed text unchanged)
C. Appointment Waiting Time
Credit.
(1)
Subject to approval by the Commissioner as described in §C(3) of this
regulation, when determining whether the carrier’s provider panel meets the
waiting time standards under Regulation .06E of this chapter for at least 90
percent of appointments in each category, a carrier may apply a telehealth
credit of up to 10 [[percent]] percentage points
for each appointment category where the standard is not met.
(2) — (3) (proposed text unchanged)
D. (proposed text unchanged)
KATHLEEN A. BIRRANE
Insurance Commissioner
Proposed Action on Regulations
Title 08
DEPARTMENT OF NATURAL RESOURCES
Authority: Natural Resources Article, §§4-215 and 4-803, Annotated Code of Maryland
Notice of Proposed Action
[23-068-P]
The Secretary of Natural
Resources proposes to amend Regulation .14
under COMAR 08.02.03 Blue Crabs.
Statement of Purpose
The purpose of this action is to modify the tolerance limits for hard mature female and undersized male crabs to six crabs per container smaller than a barrel. The current tolerance limit is five crabs per bushel and 13 crabs per barrel. The undersize tolerance limit for hard crabs stored in barrels and the tolerance limits for soft crabs and peeler crabs will remain the same.
This action will aid Natural Resource Police in enforcing tolerance limits. Since male hard crabs are not required to be held in bushels, specifying female and undersize tolerance limits by bushels makes compliance and enforcement challenging. Setting the limits by container makes the tolerance limits more universally applicable. Since most alternate blue crab containers are larger than a bushel but smaller than a barrel, raising the tolerance limit from five to six alleviates concerns associated with culling errors and/or carapace breakage during storage.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action will have an indeterminable positive impact on the regulated industry by allowing commercial harvesters to catch six crabs per container smaller than a barrel for hard mature female and undersized male crabs instead of 5.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
NONE |
|
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
|
D. On regulated industries or trade groups: |
|
|
|
Commercial licensees |
(+) |
Indeterminable |
|
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.)
D. The proposed action may have an indeterminable positive impact on commercial licensees by allowing commercial licensees to catch one additional undersized crab in every container smaller than a barrel. It is not likely that this impact will be significant, although it may help certain individuals avoid a citation for a minor violation.
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 Crab
Tolerance Regulations, Regulatory Staff, Department of Natural Resources, 580
Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or complete the
comment form at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#hard.
Comments will be accepted through June 5, 2023. A public hearing will be held
on a date yet to be determined.
.14 General.
A. (text unchanged)
B. Commercial—General.
(1)—(5) (text unchanged)
(6) Except as specified in §F(2) of this regulation, an individual licensed to catch crabs for commercial purposes may not catch or possess in the Chesapeake Bay and its tidal tributaries more than:
(a) [Five] Six mature female hard crabs per [bushel] container smaller than a
barrel of male crabs; or
(b) (text unchanged)
(7)—(13) (text unchanged)
C.—D. (text unchanged)
E. Notwithstanding Natural Resources Article, §4-809, Annotated Code of Maryland, a person may not:
(1) Catch or possess more
than [5] 6 hard crabs per [bushel] container
smaller than a barrel or 13 hard crabs per barrel which measure less than
the minimum size specified in these regulations;
(2)—(8) (text unchanged)
F.—G. (text unchanged)
JOSH KURTZ
Secretary of Natural Resources
Subtitle 18 BOATING—SPEED LIMITS AND OPERATION OF VESSELS
Authority: Natural Resources Article, §§8-703 and 8-704, Annotated Code of Maryland
Notice of Proposed Action
[23-067-P]
The Secretary of Natural Resources proposes to amend Regulation .01 under COMAR 08.18.07 Chesapeake Bay.
Statement of Purpose
The purpose of this action is to establish a 6-knot speed limit in the Chesapeake Bay for the area surrounding the construction site of the Maryland Transportation Authority’s Eastbound Bay Bridge Deck Replacement Project. The project involves replacing the eastbound deck of William Preston Lane Jr. Memorial Bay Bridge (Bay Bridge) in sections. The re-decking project will include replacement of the deck floor system, barrier upgrades, major structural rehabilitation of the truss superstructure, lane use signal gantry replacements and utility relocations, as well as off-site stormwater management work. The deck replacement is scheduled to be completed by winter 2025/2026. The proposed action describes an area around the construction site and establishes a speed limit for the area. This provision will be effective through March 31, 2026.
The proposed action is required to ensure public safety and protect human life. Without an established speed limit, the construction zone poses safety threats for all waterway users, employees, and contractors. The proposed speed limit will help protect all workers and barges from excessive wake actions. This action will positively support the project and prevent delays. Additionally, this action has been developed in cooperation with the Maryland Transportation Authority and the U.S. Coast Guard.
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 Chesapeake Bay — Bay Bridge Speed Zone Regulations, Regulatory Staff, Department of Natural Resources, Fishing and Boating Services, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to boatingregspubliccomment.dnr@maryland.gov. Comments will be accepted through June 5, 2023. A public hearing has not been scheduled.
.01 Eastern Shore.
A.—K. (text unchanged)
L. East Bay Bridge
Construction Area.
(1) Area. All of the waters
enclosed by a line beginning at or near Lat. 38° 59.388' N., Long. 76° 22.828' W., then running 17° True, approximately 777
meters to a point at or near Lat. 38° 59.790' N., Long. 76° 22.667' W., then
running 107° True, approximately 3541 meters to a point at or near Lat. 38°
59.230' N., Long. 76° 20.322' W., then running 200° True, approximately 769
meters to a point at or near Lat. 38° 58.840' N., Long. 76° 20.507' W., then
running 288° True, approximately 3503 meters to the point of beginning.
(2) The area described in
§L(1) of this regulation has a 6-knot speed limit at all times.
(3) This section shall be
effective through March 31, 2026.
JOSH KURTZ
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 28 BOARD OF EXAMINERS OF LANDSCAPE ARCHITECTS
09.28.04 Continuing Professional Competency Requirements
Authority: Business Occupations and Professions Article, §9-309, Annotated Code of Maryland
Notice of Proposed Action
[23-031-P]
The Maryland Board of Examiners of Landscape Architects proposes
to amend Regulations .01—.06 and .08 under COMAR 09.28.04 Continuing Professional Competency Requirements.
Statement of Purpose
The purpose of this action is to update the Maryland Board of Examiners of Landscape Architects’ continuing professional competency requirements to increase access for licensees to continuing education and to be consistent with regional and national changes. Additionally, the Maryland Board of Examiners of Landscape Architects is clarifying its requirements with these amendments.
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 Zevi Thomas, Executive Director, Professional Design Boards, Maryland Department of Labor, 1100 N. Eutaw Street, 5th Floor, Baltimore, MD 21201, or call 410-230-6262, or email to DLOPLBoardofExaminersofLandscapeArchitects-LABOR@maryland.gov. Comments will be accepted through June 5, 2023. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by Maryland Board of Examiners of Landscape Architects during a public meeting to be held on June 12, 2023, at 1 p.m., at 1100 N. Eutaw Street, Baltimore, Maryland 21201; or virtually at https://meet.google.com/mth-byen-wdx; or by phone at1 470-745-0574, PIN: 254 911 810 #.
.01 Purpose.
The State legislature has determined that, in order to safeguard the health, safety, and welfare of [Maryland citizens] the public, licensed landscape architects must comply with the continuing professional competency (CPC) requirements as a prerequisite [to] for the renewal of a license.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(2) (text unchanged)
[(3) “CLARB” means the Council of Landscape Architecture Registration Boards.]
[(4)] (3) “College credit hour” means the credit for a course described in Regulation .04 .04 of this chapter, offered by a university, college, or community college.
(4) “Continuing education standard
activities” means traditional continuing education course work presented to
students by an instructor in an in-person or virtual classroom format.
(5) “Continuing education alternative
activities” means work that qualifies under this chapter for continuing
professional competency credits that is not traditional continuing education
course work presented to students by an instructor in an in-person or virtual
classroom format.
(6) “Health, safety, and welfare (HSW) subjects” means content areas identified as such by Landscape Architecture Continuing Education System as those content areas may be updated or otherwise amended from time to time.
[(5)] (7) (text unchanged)
[(6)] (8) “Professional development hour (PDH)” means [one continuous instructional hour spent attending and completing the professional development activity. One PDH means] a minimum of 50 minutes of face-to-face or distance learning instruction per 60-minute hour [and is equivalent to a comparable single educational unit that may be utilized by ASLA, LACES, or CLARB].
[(7)] (9) “Qualifying activities” means professional development activities which [satisfy the following requirements] qualify for PDH credit by meeting the following requirements:
(a) (text unchanged)
(b) Are approved and accepted for credit by LACES or the Board.[:
(i) Any chapter of the ASLA;
(ii) LACES;
(iii) CLARB; or
(iv) The Board.]
.03 Requirements.
A. A licensee shall complete, as a condition of a license renewal
in each individual 2-year-renewal cycle, a minimum of 24 PDHs [earned
upon completion of one or more qualifying activity]. The 24 PDHs
shall consist of a minimum of 16 PDHs in continuing education standard
activities and a maximum of 8 PDHs in continuing education alternative
activities. Of the 16 PDH continuing education standard activities, 8 PDHs
shall be HSW-focused.
B. A licensee [will] may not be eligible to earn PDHs for a professional development activity that has not been [previously] approved for credit by [ASLA,] LACES[, CLARB,] or the Board.
.04 Qualifying Activities.
A. In order for an activity to be considered a qualifying [activity] continuing education standard activity or continuing education alternative activity, the activity shall meet the following criteria:
(1) Maintain [and enhance professional competency of licensed landscape architects], improve, or expand the skills and knowledge relevant to the practice of landscape architecture;
(2) [Foster improvement, advancement, and extension of professional skills and knowledge related to the practice of landscape architecture] Research, analysis, assessment, conservation, preservation, and enhancement of land use;
(3) [Offer learning experiences relevant to current landscape architectural practices as they relate to the public health, safety, and welfare] Selection and allocation of cultural, historic, and natural resources; [and]
(4) [Be presented, led or taught at a professional level by well-qualified professionals in the learning environment conducive to learning and appropriate for accomplishing learning objectives described in these regulations] Laws and regulations applicable to the practice of landscape architecture in Maryland;
(5) Standards of practice or care applicable to the practice of
landscape architecture; or
(6) Professional ethics as applicable to the practice of
landscape architecture.
[B. Qualifying activities may fall into one or more of the following categories:
(1) Research, analysis, assessment, conservation, preservation, and enhancement of land use;
(2) Selection and allocation of cultural, historic, and natural resources;
(3) Laws and regulations applicable to the practice of landscape architecture in Maryland;
(4) Standards of practice or care;
(5) Professional ethics as applicable to the practice of landscape architecture; or
(6) Similar topics aimed to
maintain, improve, or expand the skills and knowledge relevant to the practice
of landscape architecture.]
B. Qualifying continuing education standard activities
include completing traditional continuing education course work that meets
the requirements of §A of this regulation as well as the criteria below:
(1) Maintain and enhance
professional competency;
(2) Foster improvement,
advancement, and extension of professional skills and knowledge related to the
practice of landscape architecture;
(3) Offer learning
experiences relevant to current landscape architectural practices or those that
relate to the public health, safety, and welfare;
(4) Be presented in a
systematic manner that clearly defines learning objectives; and
(5) Be led or taught at a
professional level by well-qualified professionals in a learning environment
conducive to learning and appropriate for accomplishing learning objectives
described in these regulations.
C. Qualifying continuing education alternative activities
include participating in one of the following, provided it meets the
requirements of §A of this regulation:
(1) Authorship of original
published work, including books, articles, papers, or documents, or other media
types at the discretion of the Board;
(2) Enrollment in and
completion of a related, for-credit course at a university, college, or
community college;
(3) Professional development
work or professional or technical presentations made on matters related to
landscape architecture at meetings, conventions, or conferences; or
(4) Other appropriate
activities that may from time to time be approved by the Board.
.05 Nonqualifying Activities.
Activities that do not meet the criteria set forth in Regulation .04 of this chapter shall be considered to be nonqualifying activities, including, but not limited to, the following:
A. (text unchanged)
B. Repetitive completion of the same courses or programs without substantial modifications or updates;
C. [Time] Attending trainings or seminars related to time management techniques and strategies;
D.—E. (text unchanged)
.06 Sources of Credit and Determination of Units.
A. A licensee may earn [the] PDHs through participation in continuing education standard activities by [any of the following methods:
(1) Attending] attending and successfully completing [qualifying
activities in which the teaching methodology consists primarily of systematic
presentation of subjects related to the practice of landscape architecture] traditional
continuing education courses that meet the requirements of Regulation .04 of
this chapter.[;
(2) Subject to limitations set
forth in this regulation, teaching, lecturing on, or instructing on the
subjects related to landscape architecture in the environment described in
§A(1) of this regulation; or
(3) Other appropriate methods that may from time to time be
approved by the Board.]
[B. A licensee may earn the applicable number of PDHs in accordance with the following conversion schedule:
(1) 1 college credit hour — 5 PDHs
(2) 1 contact hour of professional development work, or professional or technical presentations made at meetings, conventions, or conferences — 1 PDH;
(3) Subject to exclusions set forth in this regulation, teaching, lecturing on, or instructing on landscape architecture and related subject matters, subject to the following limitations:
(a) For the first time presentation, a presenter may claim credit for the activity that is equivalent to two times the number of PDHs awarded by the Board for the activity; and
(b) Unless the presentation had been substantially modified and
updated for the subsequent presentations or is being presented to a different
group of recipients, a presenter may claim only the same number of PDH as
awarded by the Board to the recipients of the qualifying activity.]
B. PDH credit may be claimed only
once for a particular course.
C. A licensee shall apply to the
Board for approval of PDHs through participation in continuing education
alternative activities in accordance with Regulation .04 of this chapter under the following conversion
schedule:
(1) Credited contribution to a print or digital publication of
original work published in a periodical recognized by the Board, with a maximum
of 3 PDHs applied for upon publication.
(2) Credited contribution to an original book, with a maximum of
5 PDHs applied for upon publication.
(3) Enrollment in and completion of a related, for-credit course
at a university, college, or community college, with 1 PDH applied for upon
completion of 1 college credit hour with a maximum of 3 total PDHs per
for-credit course.
(4) Teach a traditional continuing education course, as follows:
(a) A maximum of two times
the number of PDHs awarded under §A of this regulation for the taking of the
course may be applied for.
(b) A licensee may only apply for this credit for the first time
the traditional course is taught.
[C.] D. (text unchanged)
.08 Record Keeping.
A.—B. (text unchanged)
[C. The Board may request ASLA, LACES, CLARB, and any presenters approved by the Board to electronically transmit to the Board records of attendance, completion of a qualifying activity by an individual licensee, and any other pertinent information requested by the Board.]
CHRISTOPHER SCHEIN, PLA, ASLA
Chairman
Board of Landscape Architects
Title 26
DEPARTMENT OF THE ENVIRONMENT
Subtitle 12 RADIATION MANAGEMENT
Authority: Environment Article, §§8-106, 8-301, and 8-304, Annotated Code of Maryland
Notice of Proposed Action
[23-048-P-I]
The Secretary of the Environment proposes to amend Regulation .01 under COMAR 26.12.01 Radiation Protection.
Statement of Purpose
The purpose of this action is to update COMAR 26.12.01.01, Incorporated by Reference Supplement 33, for the purpose of addressing public comments submitted for Supplement 32, and nonsubstantive edits to text.
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 Shannon Page, Division Chief , Radiological Health Program, Air and Radiation Administration, Maryland Department of the Environment, 1800 Washington Boulevard, Suite 750, Baltimore, MD 21230, or call 410-537-4214, or email to spage@maryland.gov. Comments will be accepted through June 5, 2023. A public hearing has not been scheduled.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the Regulations for the Control of
Ionizing Radiation (1994) Supplement 33 has been declared a document generally
available to the public and appropriate for incorporation by reference. For
this reason, it will not be printed in the Maryland Register or the Code of
Maryland Regulations (COMAR). Copies of this document are filed in special
public depositories located throughout the State. A list of these depositories
was published in 50:1 Md. R. 7 (January 13, 2023), and is available online at
www.dsd.state.md.us. The document may also be inspected at the office of the
Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.
.01 Incorporation by Reference.
All provisions of the “Regulations for the Control of Ionizing Radiation (1994)” as amended by Supplement 1 through Supplement [32] 33 are incorporated by reference.
SERENA MCILWAIN
Secretary of the
Environment
Title 31
MARYLAND INSURANCE ADMINISTRATION
Subtitle 10 HEALTH INSURANCE—GENERAL
31.10.06 Standards for Medicare Supplement Policies
Authority: Health-General Article, §§19-705 and 19-706; Insurance Article, §§2-109 and 8-403(b), Title 15, Subtitle 9, and Title 27; Annotated Code of Maryland
Notice of Proposed Action
[23-059-P]
The Insurance Commissioner proposes to amend Regulation .06 under COMAR 31.10.06 Standards for Medicare Supplement Policies.
Statement of Purpose
The purpose of this action is to amend COMAR 31.10.06.06 based on the changes made during the 2022 legislative session. Specifically, Ch. 680 (H.B. 247), Acts of 2022, added Insurance Article, §15–909(b)(6), Annotated Code of Maryland, which creates an annual open enrollment period for the 30 days following a Medicare supplement policyholder’s birthday. During this enrollment period, a Medicare supplement policyholder may switch to a plan that has “equal or lesser” benefits without being subject to underwriting. Section 15–909(b)(6)(iii)(1) defines equal or lesser benefits, and §15–909(b)(6)(iii)(2) requires the Commissioner to adopt regulations establishing a matrix for identifying which Medicare supplement policies have equal or lesser benefits. This action establishes that matrix.
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 Jessica Blackmon, Law Clerk, Maryland Insurance Administration, 200 St. Paul Place, Suite 2700, Baltimore, MD 21202, or call 410-468-2019, or email to insuranceregreview.mia@maryland.gov. Comments will be accepted through June 5, 2023. A public hearing has not been scheduled.
.06 Open Enrollment.
A. [Individuals 65 Years
Old or Older and Enrolled in Medicare Part B.] Period of Open Enrollment.
(1) An issuer may not deny or condition the issuance or
effectiveness of any Medicare supplement policy or certificate available for
sale in this State, nor discriminate in the pricing of the policy or
certificate because of the health status, claims experience, receipt of health
care, or medical condition of an applicant when [an]:
(a) An application for the policy or certificate is submitted during
the 6-month period beginning with the first day of the first month in which an
individual is both 65 years old or older and is enrolled for benefits under
Medicare Part B; or
(b) An application for the
policy or certificate is submitted on or up to 30 days after the birthday of an
individual enrolled in a Medicare supplement policy or certificate.
(2) Each Medicare supplement policy and certificate currently available from an issuer shall be made available to all applicants who qualify under [§A(1)] §A(1)(a) of this regulation without regard to age.
(3) Subject to Regulation
.31A of this chapter, an insurer shall make available to applicants who qualify
under §A(1)(b) of this regulation Medicare supplement policies or certificates
with benefits that are equal to or less than the benefits of the applicant’s
existing Medicare supplement policy or certificate. For the purpose of this regulation, “benefits
that are equal to or less than the benefits of the applicant’s existing
Medicare supplement policy or certificate” means a policy or certificate of the
same or lower benefit level as indicated in the below chart:
|
Existing
Plan |
Lesser
or Equal Plan |
|
Plan A |
Plan A |
|
Plan B |
Plan A or B |
|
Plan C |
Plan A, B, C, D, K, L, M, or N |
|
Plan D |
Plan A, B, D, K, L, M, or N |
|
Plan E |
Plan A, B, D, K, L, M, or N |
|
Plan F |
Plan A, B, C, D, F, F with a high
deductible, G, G with a high deductible, K, L, M, or N |
|
Plan F with a high deductible |
Plan F with a high deductible or G with a
high deductible |
|
Plan G |
Plan A, B, D, G, K, L, M, N, F with a high deductible,
or G with a high deductible |
|
Plan G with a high deductible |
Plan G with a high deductible |
|
Plan H |
Plan A, B, D, K, L, M, or N |
|
Plan I |
Plan A, B, D, G, K, L, M, or N |
|
Plan J |
Plan A, B, C, D, F, F with a high
deductible, G, G with a high deductible, K, L, M, or N |
|
Plan J with a high deductible |
Plan F with a high deductible or G with a
high deductible |
|
Plan K |
Plan K |
|
Plan L |
Plan K or L |
|
Plan M |
Plan M or N |
|
Plan N |
Plan N |
B.—D. (text unchanged)
KATHLEEN A. BIRRANE
Insurance Commissioner
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification
23-WQC-0014
Wicomico Regional Airport
5485 Airport Terminal Road
Salisbury, Maryland 21804
Add’l. Info: Pursuant to COMAR 26.08.02.10F(1)(d), The Maryland Department of the Environment is providing notice of a scheduled Public Hearing for Water Quality Certification 23-WQC-0014.
Location: 5485 Airport Terminal Road near Salisbury in Wicomico County
The Wicomico County
Airport has requested a Water Quality Certification for proposed improvements
to the existing airport, which includes extending Runway 32, removing airspace
obstructions, and upgrading airport facilities and infrastructure. The project proposes to permanently impact
211,482 square feet (4.85 acres) of emergent nontidal wetlands, 245,635 square
feet (5.64 acres) of forested nontidal wetlands, and 852,981 square feet (19.58
acres) of the 25-foot nontidal wetland buffer as well as to permanently convert
595,703 square feet (13.68 acres) of forested nontidal wetlands to emergent
nontidal wetlands. Mitigation will be
required for all permanent nontidal wetland impacts and conversion. The
Applicant has proposed to satisfy mitigation through an offsite permittee
responsible mitigation site and purchase of credit from the Maple Dam
Mitigation Bank.
The purpose of this
notice is to solicit comments from the public about the proposed work and to
announce the date of a Maryland Department of the Environment public
informational hearing on the subject application. At this time, no decision has
been made as to whether a certification will be issued. A virtual public
informational hearing has been scheduled for the referenced project on Wednesday,
June 28, 2023. The hearing will begin at
7:00 P.M. and end no later than 9:00 P.M. To participate in the public
informational hearing, please use the following link, meet.google.com/jdv-xegc-yxc
or dial 1-507-591-1127, PIN: 155 141 390#. Written comments
will be accepted until July 12, 2023.
Contact: Mieko Camp at mieko.camp@maryland.gov or 443-717-0951.
[23-09-03]
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 HEALTH CARE COMMISSION
Date and Time: May 18, 2023, 1 — 4 p.m.
Place: 4160 Patterson Ave., Rm. 100, Baltimore, MD
Add’l. Info: This meeting will be held virtually. Please register to attend in advance on the Commission’s website at https://mhcc.maryland.gov/.
Contact: Valerie Wooding 410-764-3570
[23-09-05]
MARYLAND DEPARTMENT OF TRANSPORTATION/OFFICE OF MINORITY BUSINESS ENTERPRISE
Date and Time: May 17, 2023, 8:30 a.m. — 5 p.m.; Additional Dates: May 31, June 14, and June 28, 2023
Place: Virtual Meeting — please see the website for details.
Add’l. Info: Meetings are being held virtually until further notice. For additional information, please check the website at https://mdot.maryland.gov.
Contact: Sabrina Bass 410-865-1240
[23-09-06]
Date and Time: May 24, 2023, 9 a.m. — 12 p.m.
Place: Via Google Meet
Contact: Duane Johnson 410-537-4466
[23-09-04]