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Maryland Register
Issue Date: August 25, 2023 Volume 50 • Issue 17 • Pages 761 — 784
Governor 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| Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before August 7, 2023 5 p.m.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 August 7, 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
Schedule of Closing Dates and
Issue Dates for the
Maryland Register ..................................................................... 764
COMAR Research Aids
Table of Pending Proposals ........................................................... 765
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
08 Department of Natural Resources ............................. 769, 770
09 Maryland Department of Labor ......................................... 771
10 Maryland Department of Health ........................................ 772
13A State Board of Education ................................................... 774
14 Independent Agencies ............................................... 769, 778
33 State Board of Elections .................................................... 779
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.
Potomac River Compact — Maximum Fine
08 DEPARTMENT OF NATURAL RESOURCES
Furbearer Wildlife ....................................................................
Irreplaceable Natural Areas .....................................................
COMMISSION
ON CRIMINAL SENTENCING POLICY
General Regulations .................................................................
Proposed Action on Regulations
08 DEPARTMENT OF NATURAL RESOURCES
09 MARYLAND DEPARTMENT OF LABOR
MARYLAND
BOARD OF ELECTRICIANS
Continuing Education ..............................................................
10 MARYLAND DEPARTMENT OF HEALTH
HEALTH
SERVICES COST REVIEW COMMISSION
Uniform Accounting and Reporting System for Hospitals
and
Related Institutions
BOARD
OF NURSING—ELECTROLOGY PRACTICE
COMMITTEE
Registration Application and Maintenance
License Application and Maintenance
CHILD
CARE—LETTERS OF COMPLIANCE
Letter of Compliance Application and Maintenance
Registration Application and Maintenance
Staff Requirements ...................................................................
Provider and Staff Requirements .............................................
INTERAGENCY
COMMISSION ON SCHOOL
CONSTRUCTION
Administration of the Public School Construction
Program
DEFINITIONS;
GENERAL PROVISIONS
Administrative Complaint Procedure
Provisional Voting Documents and Supplies
WATER AND SCIENCE ADMINISTRATION
Public Hearing for Water Quality Certification
23-WQC-0007
Water Quality Certification 23-WQC-0009
STATE
COLLECTION AGENCY LICENSING BOARD
(SCALB)
COMMISSION
ON CRIMINAL SENTENCING POLICY
DEPARTMENT
OF TRANSPORTATION/OFFICE OF
MINORITY BUSINESS ENTERPRISE
WORKERS’
COMPENSATION COMMISSION
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 |
|||
|
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.
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
08.02.04.17 •
50:17 Md. R. 770 (8-25-23) (ibr)
08.18.07.02 •
50:14 Md. R. 596 (7-14-23)
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)
09.09.01.03 • 50:17 Md. R. 771 (8-25-23)
09.09.02.01 • 50:17 Md. R. 771 (8-25-23)
09.10.01.07 • 50:15 Md. R. 684 (7-28-23)
09.10.01.17 • 50:15 Md. R. 685 (7-28-23)
09.12.32.01—06 • 49:21 Md. R. 953 (10-7-22)
09.22.01.13 • 50:3 Md. R. 92 (2-10-23)
09.36.07.02 •
50:17 Md. R. 772 (8-25-23)
10 MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 (2nd volume)
10.09.04.01,.03,.04,.07
• 50:7 Md. R. 307 (4-7-23)
10.09.06.02,.04,.06,.07,.09
• 50:11 Md. R. 448 (6-2-23)
10.09.07.08 •
50:7 Md. R. 309 (4-7-23)
10.09.08.01—.06,.09,.10
• 50:13 Md. R. 520 (6-30-23)
10.09.12.06,.07 •
50:6 Md. R. 222 (3-24-23)
10.09.16.01—.13 •
50:4 Md. R. 136 (2-24-23)
10.09.28.01,.02,.04,.06
• 50:13 Md. R. 522 (6-30-23)
10.09.30.01—.11 •
50:15 Md. R. 685 (7-28-23)
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)
10.09.36.01—.03,.07,.09—.11
• 50:13 Md. R. 524 (6-30-23)
10.09.40.01—.06 •
50:1 Md. R. 13 (1-13-23)
10.09.41.03,.04,.07 • 50:16 Md. R. 730 (8-11-23)
10.09.52.01—.06 •
50:1 Md. R. 13 (1-13-23)
10.09.54.01,.04,.14,.16,.17,.22
• 50:3 Md. R. 94 (2-10-23)
10.09.56.22 •
50:4 Md. R. 140 (2-24-23)
10.09.62.01—.15 •
50:16 Md. R. 732 (8-11-23)
10.09.63.01—.06 •
50:13 Md. R. 526 (6-30-23)
10.09.69.04,.14,.17
• 50:16 Md. R. 737 (8-11-23)
10.09.76.01,.03,.05
• 50:1 Md. R. 13 (1-13-23)
10.09.89.09—.12,.14
• 50:6 Md. R. 230 (3-24-23)
Subtitles 10—22 (3rd volume)
10.11.04.02,.04 • 50:15 Md. R.
689 (7-28-23)
10.14.08.01—.08 • 50:13 Md. R.
528 (6-30-23)
10.15.03.02,.27 • 50:15 Md. R.
690 (7-28-23)
10.19.07.02 • 50:13 Md. R. 530
(6-30-23)
10.19.08.01—.06 • 50:13 Md. R.
530 (6-30-23)
10.21.01.04,.08 • 49:23 Md. R.
1000 (11-4-22)
Subtitles 23—36 (4th volume)
10.24.01.01—.22 •
50:14 Md. R. 597 (7-14-23)
10.26.02.02—.05 •
50:15 Md. R. 691 (7-28-23)
10.26.06.01—.03 •
50:15 Md. R. 691 (7-28-23)
10.27.01.05 •
50:13 Md. R. 532 (6-30-23)
10.28.01.01—.06 •
49:26 Md. R. 1084 (12-16-22)
10.34.34.02—.12 •
50:13 Md. R. 533 (6-30-23)
Subtitles 37—52 (5th volume)
10.37.01.02 •
50:17 Md. R. 772 (8-25-23) (ibr)
10.37.10.26 • 49:18 Md. R. 822 (8-26-22)
10.38.08.01—.08 •
50:15 Md. R. 693 (7-28-23)
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)
10.41.01.01—.04 •
50:16 Md. R. 738 (8-11-23)
10.41.02.01,.02,.04
• 50:16 Md. R. 738 (8-11-23)
10.41.03.02,.03,.05,.06
• 50:16 Md. R. 738 (8-11-23)
10.41.04.01,.02,.06,.08
• 50:16 Md. R. 738 (8-11-23)
10.41.05.01—.07 •
50:16 Md. R. 738 (8-11-23)
10.41.06.01—.06 • 49:26 Md. R. 1087 (12-16-22)
10.41.08.01-1,.02,.06,.08,.11,.12,.14
• 50:16 Md. R. 738 (8-11-23)
10.41.09.02 •
50:16 Md. R. 738 (8-11-23)
10.41.11.01—.10 •
50:16 Md. R. 738 (8-11-23)
10.41.13.02,.04 •
50:16 Md. R. 738 (8-11-23)
10.42.06.02,.03,.05—.11
• 50:15 Md. R. 695 (7-28-23)
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)
10.53.08.05 •
50:17 Md. R. 773 (8-25-23)
10.53.09.01—.04 •
50:17 Md. R. 773 (8-25-23)
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)
10.64.01.15 •
50:15 Md. R. 698 (7-28-23)
10.65.10.01—.06 •
50:2 Md. R. 69 (1-27-23)
10.67.01.01 •
50:16 Md. R. 732 (8-11-23)
10.67.02.01 •
50:16 Md. R. 732 (8-11-23)
10.67.06.26-6 • 49:22 Md. R. 982 (10-21-22)
10.67.06.26-7 • 50:13 Md. R. 526 (6-30-23)
10.67.08.02 •
50:14 Md. R. 618 (7-14-23)
11 DEPARTMENT OF
TRANSPORTATION
Subtitles 11—23 (MVA)
11.11.05.03 •
50:16 Md. R. 750 (8-11-23)
11.11.05.04 •
50:16 Md. R. 751 (8-11-23)
11.12.01.14 •
50:15 Md. R. 698 (7-28-23)
11.13.12.01,.04,.05,.09
• 50:16 Md. R. 752 (8-11-23)
11.15.40.01—.04 •
50:16 Md. R. 753 (8-11-23)
11.17.09.05 • 50:16 Md. R. 750 (8-11-23)
11.17.21.05 •
50:16 Md. R. 750 (8-11-23)
13A STATE BOARD OF EDUCATION
13A.02.06.01,.02,.05—.07
• 50:14 Md. R. 620 (7-14-23)
13A.07.06.01—.15
• 50:14 Md. R. 621 (7-14-23) (ibr)
13A.12.01.01—.14
• 50:14 Md. R. 633 (7-14-23)
13A.12.02.01—.29
• 50:14 Md. R. 633 (7-14-23)
13A.12.03.01—.12
• 50:14 Md. R. 633 (7-14-23)
13A.12.04.01—.16
• 50:14 Md. R. 633 (7-14-23)
13A.12.05.01—.15
• 50:14 Md. R. 633 (7-14-23)
13A.12.06.01—.09
• 50:14 Md. R. 633 (7-14-23)
13A.12.07.01—.08
• 50:14 Md. R. 633 (7-14-23)
50:15 Md. R. 707 (7-28-23) (err)
13A.15.01.02 •
49:24 Md. R. 1032 (11-18-22)
13A.15.02.02 •
50:17 Md. R. 774 (8-25-23)
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)
13A.16.02.02 •
50:17 Md. R. 774 (8-25-23)
13A.16.06.09-1,.10-1
• 50:17 Md. R. 776 (8-25-23)
13A.17.02.02 •
50:17 Md. R. 774 (8-25-23)
13A.18.02.02 •
50:17 Md. R. 774 (8-25-23)
13A.18.06.06-1 •
50:17 Md. R. 776 (8-25-23)
13B MARYLAND HIGHER
EDUCATION COMMISSION
13B.08.20.02—.13
• 50:4 Md. R. 158 (2-24-23)
14 INDEPENDENT AGENCIES
14.01.02.02,.03 •
50:15 Md. R. 699 (7-28-23)
14.01.03.01—.17 •
50:14 Md. R. 659 (7-14-23)
14.04.01.01 •
50:14 Md. R. 661 (7-14-23)
14.04.02.04—06 •
50:14 Md. R. 661 (7-14-23)
14.04.06.03,.07 •
50:14 Md. R. 661 (7-14-23)
14.04.09.01—.07 •
50:14 Md. R. 661 (7-14-23)
14.35.07.22 • 50:13 Md. R. 535 (6-30-23)
14.35.19.03 •
50:16 Md. R. 754 (8-11-23)
14.35.20.01—.12 •
50:13 Md. R. 536 (6-30-23)
14.37.01.01 •
50:14 Md. R. 663 (7-14-23)
14.37.02.01—.11 •
50:14 Md. R. 663 (7-14-23)
14.37.03.01,.02 •
50:14 Md. R. 663 (7-14-23)
14.37.04.02 •
50:14 Md. R. 663 (7-14-23)
14.37.05.02 • 50:14 Md. R. 663 (7-14-23)
14.39.02.05 •
50:17 Md. R. 778 (8-25-23)
14.40.04.01—.03 •
50:15 Md. R. 700 (7-28-23)
14.40.05.03,.04 •
50:15 Md. R. 702 (7-28-23)
21 STATE PROCUREMENT
REGULATIONS
21.01.02.01 • 50:12 Md. R. 480
(6-16-23)
21.01.03.01,.01-1,.03 • 50:12 Md.
R. 480 (6-16-23)
21.02.01.04 • 50:12 Md. R. 480
(6-16-23)
21.03.05.01 • 50:12 Md. R. 480
(6-16-23)
21.05.01.01 • 50:12 Md. R. 480
(6-16-23)
21.05.02.01 • 50:12 Md. R. 480
(6-16-23)
21.05.02.14 • 50:13 Md. R. 539
(6-30-23)
21.05.03.02 • 50:12 Md. R. 480
(6-16-23)
21.05.03.03 • 50:13 Md. R. 539
(6-30-23)
21.05.06.01 • 50:12 Md. R. 480
(6-16-23)
21.05.07.06 • 50:12 Md. R. 480
(6-16-23)
21.05.08.05 • 50:12 Md. R. 480
(6-16-23)
21.05.09.08 • 50:12 Md. R. 480
(6-16-23)
21.05.13.01,.03,.05 • 50:12 Md.
R. 480 (6-16-23)
21.05.14.01—.06 • 50:12 Md. R.
480 (6-16-23)
21.05.15.01—.05 • 50:12 Md. R.
480 (6-16-23)
21.06.09.01 • 50:12 Md. R. 480
(6-16-23)
21.07.01.31 • 50:12 Md. R. 480
(6-16-23)
21.07.02.05-2 • 50:12 Md. R. 480
(6-16-23)
21.07.03.27 • 50:12 Md. R. 480
(6-16-23)
21.08.03.03 • 50:12 Md. R. 480
(6-16-23)
21.10.08.01,.02,.06 • 50:12 Md.
R. 480 (6-16-23)
21.11.01.02,.06 • 50:12 Md. R.
480 (6-16-23)
21.11.03.03,.09,.17 • 50:12 Md.
R. 480 (6-16-23)
21.11.03.10 • 50:13 Md. R. 539
(6-30-23)
21.11.05.01—.07 • 50:12 Md. R.
480 (6-16-23)
21.11.14.04 • 50:12 Md. R. 480
(6-16-23)
21.13.01.08,.14,.18 • 50:12 Md.
R. 480 (6-16-23)
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)
Subtitles 08—12 (Part 2)
26.11.17.01,.04 •
50:11 Md. R. 455 (6-2-23)
26.11.34.02 •
50:10 Md. R. 417 (5-19-23)
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
30.09.12.04 •
50:13 Md. R. 541 (6-30-23)
30.09.14.04 •
50:13 Md. R. 541 (6-30-23)
33 STATE BOARD OF
ELECTIONS
33.01.01.01 • 50:15 Md. R. 703
(7-28-23)
33.01.05.06 • 50:17 Md. R. 779
(8-25-23)
33.02.03.01—.05 • 50:13 Md. R.
542 (6-30-23)
33.07.11.01,.02 • 50:15 Md. R.
703 (7-28-23)
33.12.02.01 • 50:13 Md. R. 542
(6-30-23)
33.13.10.05 • 50:12 Md. R. 492
(6-16-23)
33.13.13.06 • 50:12 Md. R. 492 (6-16-23)
33.13.21.01—.05 •
50:15 Md. R. 705 (7-28-23)
33.15.02.01 •
50:15 Md. R. 703 (7-28-23)
33.15.03.01,.02 •
50:15 Md. R. 703 (7-28-23)
33.16.02.01 •
50:17 Md. R. 779 (8-25-23)
33.17.04.06 •
50:13 Md. R. 542 (6-30-23)
33.17.05.03 •
50:13 Md. R. 542 (6-30-23)
33.17.07.01 • 50:13 Md. R. 542 (6-30-23)
33.18.01.02 •
50:15 Md. R. 705 (7-28-23)
33.19.01.01 •
50:13 Md. R. 542 (6-30-23)
33.19.02.01 •
50:13 Md. R. 542 (6-30-23)
33.21.03.02 • 50:17 Md. R. 779 (8-25-23)
Potomac River Compact — Maximum Fine
WHEREAS, The Maryland-Virginia Potomac River Compact of 1958, as amended, states in Article V, Section 2 that, unless a lesser punishment is provided by the Potomac River Fisheries Commission, a violation of any regulation of the commission is punishable by a fine not to exceed a specified dollar amount or imprisonment for not more than one year, or both, in the discretion of the court;
WHEREAS, Section 2 of Chapters 234 and 235 of the 2013 Acts of the General Assembly of Maryland, codified in the Annotated Code of Maryland, Natural Resources Article, Section 4-306, amended the aforementioned Article V, Section 2 by increasing the maximum dollar amount of the fine that can be imposed, from $1,000 to $3,000;
WHEREAS, Section 3 of Chapters 234 and 235 states that the Acts may not take effect until a similar act is enacted by the Commonwealth of Virginia;
WHEREAS, Section 1 of Chapter 635 of the 2013 Acts of the
Virginia General Assembly amending the Potomac River Compact (Section 28.2-1001
of the Code of Virginia) adopted the same provision as Maryland adopted in
Section 2 of Chapters 234 and 235
WHEREAS, Section 3 of Chapters 234 and 235
WHEREAS, On September 10, 2013, the Governor of Maryland
issued a proclamation declaring the provisions of Section 1 of Chapter 235 of
WHEREAS, Chapter 471 of the 2022 Acts of the General
Assembly of Maryland (“Potomac River Compact – Clarification of the
Effectiveness of Amendments”) establishes that the State of Maryland considers
the amendment to Article V, Section 2 of the compact by Section 2 of Chapters
234 and 235
WHEREAS, Section 2 of Chapter 635
NOW, THEREFORE I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY SECTION 3 OF CHAPTERS 234 AND 235 OF THE 2013 ACTS OF THE GENERAL ASSEMBLY OF MARYLAND, HEREBY DECLARE THE PROVISIONS OF SECTION 2 OF CHAPTERS 234 AND 235, AS CODIFIED IN THE NATURAL RESOURCES ARTICLE, SECTION 4-306 OF THE ANNOTATED CODE OF MARYLAND, TO BE VALID AND EFFECTIVE.
Given Under My Hand and the Great Seal of the State of Maryland in the City of Annapolis, this 31st Day of July, 2023.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[23-17-11]
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
08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals
Authority: Natural Resources Article, §10-410, Annotated Code of Maryland
Notice of Final Action
[23-063-F]
On August 15, 2023, the Secretary of Natural Resources adopted amendments to Regulation .01 under COMAR 08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals. This action, which was proposed for adoption in 50:13 Md. R. 515—516 (June 30, 2023), has been adopted as proposed.
Effective Date: September 4, 2023.
JOSH KURTZ
Secretary of Natural Resources
Subtitle 03 WILDLIFE
Authority: Natural Resources Article, §10-408, Annotated Code of Maryland
Notice of Final Action
[23-111-F]
On August 15, 2023, the Secretary of Natural Resources adopted amendments to Regulation .03 under COMAR 08.03.06 Furbearer Wildlife. This action, which was proposed for adoption in 50:13 Md. R. 517 (June 30, 2023), has been adopted as proposed.
Effective Date: September 4, 2023.
JOSH KURTZ
Secretary of Natural Resources
Subtitle 03 WILDLIFE
08.03.17 Irreplaceable Natural Areas
Authority: Natural Resources
Article, §3-503, Annotated Code of Maryland
Notice of Final Action
[23-091-F-I]
On August 15, 2023, the Secretary of Natural Resources adopted new Regulations .01 and .02 under a new chapter, COMAR 08.03.17 Irreplaceable Natural Areas. This action, which was proposed for adoption in 50:13 Md. R. 517—520 (June 30, 2023), has been adopted as proposed.
Effective Date: September 4, 2023.
JOSH KURTZ
Secretary of Natural Resources
Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY
Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland
Notice of Final Action
[23-102-F]
On August 15, 2023, the Maryland State Commission on Criminal Sentencing Policy adopted amendments to Regulations .12 and .14 under COMAR 14.22.01 General Regulations. This action, which was proposed for adoption in 50:13 Md. R. 534—535 (June 30, 2023), has been adopted as proposed.
Effective Date: February 1, 2024.
DAVID A SOULE
Executive Director
Proposed Action on Regulations
Title 08
DEPARTMENT OF NATURAL RESOURCES
Authority: Natural Resources Article, §4-215, Annotated Code of Maryland
Notice of Proposed Action
[23-150-P-I]
The Secretary of Natural Resources proposes to amend Regulation .17 under COMAR 08.02.04 Oysters.
Statement of Purpose
The purpose of this action is to The purpose of this action is to declassify a portion of the Public Shellfish Fishery Area (PSFA) 156. The proposed change would declassify an approximately 7.3-acre portion of PSFA 156 located in Smith Creek, St. Mary’s County. The declassification would modify the boundary of the PSFA by removing certain areas along the western shoreline adjacent to and south of the existing shellfish aquaculture lease SM 805 in order to issue a submerged land lease. The total requested lease area is 3.6 acres, of which 2.2 acres fall within PSFA 156. The remaining 5.1 acres to be declassified consist of the required 150-foot buffer between the lease and the PSFA. The declassification of approximately 9.5 acres of PSFA 156 was originally requested in shellfish aquaculture lease application #516 (Morris, III). In accordance with COMAR 08.02.04.17, the Department evaluated commercial oyster harvest data and conducted a biological survey of the proposed lease. The Department determined that the average density of oysters within a certain portion of the area proposed for declassification was greater than one oyster per square meter; consequently, that portion of the application was denied. The remainder of the proposed lease area located within PSFA 156 (approximately 2.2 acres) meets the regulatory criteria that provide for declassification, and the application satisfies the requirements of COMAR 08.02.23.03.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action may have an indeterminable positive economic impact by resulting in the issuance of a shellfish aquaculture submerged land lease. This will also result in a minor revenue increase to the Department.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
|
|
|
Department of Natural Resources |
(R+) |
$12.60 |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
|
D. On regulated industries or trade groups: |
|
|
|
Lease applicant |
(+) |
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.)
A. This action will allow the issuance of a submerged land lease in the area. The lease is proposed to be a total of 3.6 acres. The current annual rental rate for a submerged land lease is set at COMAR 08.02.23.03 at $3.50/acre. This will result in an annual increase in revenue of $12.60.
D. This action will allow the issuance of a submerged land lease in the area. The lease applicant will then be able to begin aquaculture operations on the lease. This will likely lead to a positive economic benefit to the applicant, but the ultimate amount of this benefit is indeterminable
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
This action will allow the issuance of a submerged land lease in the area. The lease applicant will then be able to begin aquaculture operations on the lease. This will likely lead to a positive economic benefit to the applicant, but the ultimate amount of this benefit is indeterminable.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to OYSTERS — Partial Declassification of Public Shellfish Fishery Area 156, Regulatory Staff, Department of Natural Resources, 580 Taylor Ave E-4, Annapolis, MD 21401, or call 410-260-8300, or submit at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#oypsfa. Comments will be accepted through September 25, 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 Public Shellfish Fishery Areas
of the Chesapeake Bay and Its Tidal Tributaries (June 2023) 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.
.17 Public Shellfish Fishery Area.
A. Public Shellfish Fishery Areas of the Chesapeake Bay and Its
Tidal Tributaries [(November 2019)] (June 2023) designates
public shellfish fishery areas in the Chesapeake Bay and its tidal tributaries
and is hereby incorporated by reference.
B. (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 09 MARYLAND BOARD OF ELECTRICIANS
Notice of Proposed Action
[23-171-P]
The Maryland Board of Electricians proposes to amend:
(1) Regulation .03 under COMAR 09.09.01 Fees and Deadlines; and
(2) Regulation .01 under COMAR 09.09.02 Continuing Education.
This action was considered at a public meeting of the Maryland Board
of Electricians held on June 27, 2023, notice of which was provided by posting on
the Board’s website, in accordance with General Provisions Article, §3-302(c)(3)(ii),
Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to implement the uninsured electrician license classification established by legislative amendments to the Maryland Electricians Act, specifically fees required for state licenses and continuing education requirements for the uninsured electrician license classification.
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 John Bull, Executive Director, Board of Electricians, Maryland Department of Labor, 1100 North Calvert Street, Fifth Floor, Baltimore, MD 21201, or call 410-230-6160, or email to john.bull1@maryland.gov. Comments will be accepted through September 25, 2023. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Maryland Board of Electricians during a public meeting to be held on October 24, 2023 at 10 a.m., at the Maryland Department of Labor, 1100 North Eutaw Street, Fifth Floor, Baltimore, Maryland 21201 or by https://meet.google.com/kgu-skev-joq?hs=122&authuser=0 and by telephone: (US)+1 321-465-5183 PIN: 457 489 090#.
09.09.01 Fees and Deadlines
Authority: Business Occupations and Professions Article, §§6-205,
6-207, 6-310(c)(2), 6-311(a)(2), (b)(1), (d)(3)(iii) and (4)(ii), and (f)(3),
and 6-313(c)—(e); Business Regulation Article,
§2-106.9,
Annotated Code of Maryland
.03 Fees and Costs.
A. The Secretary and the mechanical boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the mechanical boards. Based on these calculations, the Board sets the following non-refundable fees:
(1)—(2) (text unchanged)
(3) [Inactive status renewal for non-electrical inspector — $50.] Uninsured status certificate:
(a) Initial uninsured status — $50; and
(b) Uninsured status renewal — $50.
(4) Reapplication after expiration of [inactive] uninsured status — $100.
(5) (text unchanged)
(6) Reinstatement of license:
(a)—(c) (text unchanged)
[(7) Inactive status for electrical inspector — $50.]
[(8)] (7) Local [license] registration assignment identification — $50.
[(9)] (8) (text unchanged)
B. (text unchanged)
09.09.02 Continuing Education
Authority: Business Occupations and Professions Article, §§6-205(2)(ii) [and], 6-310(c)(3) and (4), and 6-311(b)(3), Annotated Code of Maryland
.01 Required Hours of Continuing Education.
A. To be eligible for renewal of a license, as required by Business Occupations and Professions Article, §6-310(c)(3), Annotated Code of Maryland, an applicant shall have completed during the prior license term:
(1) 10 hours of qualifying continuing education for renewal of a master license or uninsured status except as provided in §B(2) of this regulation; and
(2) 5 hours of qualifying continuing education for renewal of a journeyperson license or uninsured status except as provided in paragraph §B(2) of this regulation.
B. A State licensed
electrician on uninsured status who:
(1) Has completed the
continuing education required by §A of this regulation will be issued a license
with the designation “insured to work” in accordance with Business Occupations
and Professions Article, §§6-311(d)(3)(iv) and 6-604(i), Annotated Code of
Maryland; or
(2) Has not completed the
continuing education required by §A of this regulation will be issued a license
with the designation “not insured to work” in accordance with Business
Occupations and Professions Article, §§6-311(d)(3)(iv) and 6-604(i), Annotated
Code of Maryland.
[B.] C. — [C.] D. (text unchanged)
CHET BROWN
Chairman
Maryland Board of Electricians
Subtitle 36 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS—HOME INSPECTORS
09.36.07 Minimum Standards of Practice
Authority: Business Occupations and Professions Article, §§16-208(a)(2) [and], 16-216(2), and 16-701.1(a)(3) and (7), Annotated Code of Maryland
Notice of Proposed Action
[23-174-P]
The Commission of Real Estate Appraisers, Appraisal Management
Companies, and Home Inspectors proposes to amend Regulation .02 under COMAR 09.36.07 Minimum Standards of Practice. This action was
considered at a public meeting of the Commission of Real Estate Appraisers,
Appraisal Management Companies, and Home Inspectors held on June 13, 2023,
notice of which was given by posting on the Commission’s website, pursuant to
General Provisions Article, §3-302(c)(3)(ii), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action to is to clarify that the visual inspection required by the minimum standards of practice be conducted while the licensed home inspector who is responsible for preparing the report in accordance with Business Occupations and Professions Article, §16-101(i), Annotated Code of Maryland, is physically on-site at the property to be inspected.
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 Todd Blackistone, Executive Director, Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors, Maryland Department of Labor, 1100 North Eutaw Street, Fifth Floor, Baltimore, MD 21201, or call 410-230-6165, or email to todd.blackistone@maryland.gov. Comments will be accepted through September 25, 2023. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors during a public meeting to be held on October 10, 2023, at 10:30 a.m., at the Maryland Department of Labor, 1100 North Eutaw Street, Fifth Floor, Baltimore, Maryland 21201, or remotely through meet.google.com/con-rmrp-jrr and by telephone: (US)+1 260-305-0017 PIN: 217 682 350#.
A.—C. (text unchanged)
D. Inspections.
(1) (text unchanged)
(2) A home inspection performed in accordance with the
standards of practice set forth in this chapter:
(a) Shall be conducted
while the licensed home inspector who is responsible for preparing the report
in accordance with Business Occupations and Professions Article, § 16-101(i),
Annotated Code of Maryland, is physically on-site at the property to be
inspected;
[(a)] (b)—[(g)] (h)(text unchanged)
E. — F. (text unchanged)
SEAN TROXELL
Chairman
Commission of Real Estate Appraisers, Appraisal Management
Companies, and Home Inspectors
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 37 HEALTH SERVICES COST REVIEW COMMISSION
10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions
Authority: Health-General Article, §§19-207 and 19-215, Annotated Code of Maryland
Notice of Proposed Action
[23-162-P-I]
The Secretary of Health proposes to amend Regulation .02 under COMAR 10.37.01 Uniform Accounting and Reporting System for Hospitals
and Related Institutions.
Statement of Purpose
The purpose of this action is to update the Commission’s manual entitled “Accounting and Budget Manual for Fiscal and Operation Management (August 1987),” which has been incorporated by reference.
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 William Hoff, Chief, Audit and Integrity, Health Services Cost Review Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-2605, or email to william.hoff@maryland.gov. Comments will be accepted through September 25, 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 Accounting and Budget Manual
for Fiscal and Operating Management (August 1987), Supplement 28, 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.
.02 Accounting System; Hospitals.
A. The Accounting
System.
(1) (text unchanged)
(2) The "Accounting and Reporting System for Hospitals", also known as the Accounting and Budget Manual for Fiscal and Operating Management (August, 1987), is incorporated by reference, including the following supplements:
(a)—(y) (text
unchanged)
(z) Supplement 26 (January 14, 2021); [and]
(aa) Supplement 27
(October 12. 2022)[.]; and
(bb) Supplement 28
(June 14, 2023).
(3)—(5) (text unchanged)
B.—D. (text
unchanged)
ADAM KANE
Chair
Health Services Cost Review Commission
Subtitle 53 BOARD OF NURSING—ELECTROLOGY PRACTICE COMMITTEE
Notice of Proposed Action
[23-170-P]
The Secretary of Health proposes to:
(1) Amend Regulation .05 under COMAR 10.53.08 Instruments and Procedures; and
(2) Adopt new Regulation .01,
amend and recodify Regulation .01, .02, and .03 to be Regulation .02,
.03, and .04, respectively, under COMAR
10.53.09 Sterilization Procedures.
Statement of Purpose
The purpose of this action is to bring the Board’s regulations in conformance with the American Electrology Association’s Infection Prevention Standards (Rev. 01/2019), which are based upon recommendations by the Centers for Disease Control and Prevention and in conformance with the current standard of practice of electrologists.
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 September 25, 2023. A public hearing has not been scheduled.
10.53.08 Instruments and Procedures
Authority: Health Occupations Article, §§8-205 and 8-6B-01—8-6B-29, Annotated Code of Maryland
.05 Sterility.
A. A sterile needle and sterile [forceps] tweezer shall be used for each patient.
B. A sterile instrument or sterile [forceps] tweezer shall be used for each patient to release ingrown hairs.
10.53.09 Sterilization Procedures
Authority: Health Occupations Article, §§8-205(a)(1) and 8-6B-03, Annotated Code of Maryland
.01 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) Critical Items.
(a) “Critical items” means the instruments or objects that come
in direct contact with the bloodstream or other normally sterile areas of the
body.
(b) “Critical items” includes tweezers and needles.
(2) “Transfer forceps” means a medical tool that is used for
grasping or holding things.
[.01] .02 Generally.
A. Each electrologist office and institution teaching the clinical practice of electrology shall maintain and use sterilization equipment adequate in size to accommodate [needles, forceps, soaking receptacles, and any other equipment that comes into contact with a client] critical items, transfer forceps, and soaking receptacles.
B. [Needles or forceps] Except as provided in §C of this regulation, critical items, transfer forceps, and soaking receptacles that are dropped on the floor or otherwise contaminated may not be used until sterilized.
C. All
needles used in an electrologist office and institution teaching the clinical
practice of electrology shall be purchased as pre-sterilized and disposable for
one-time use only. The sterilization procedure outlined in Regulation .04 of
this chapter is not applicable to needles. If a needle is dropped on the floor
or otherwise contaminated, the needle shall be properly disposed of and may not
be used.
[.02] .03 Cleansing Procedures.
[A.] Prior to sterilization as required in Regulation .03 of this chapter, [needles and probes] tweezers and needle caps shall be:
[(1)] A.—[(3)] C. (text unchanged)
[B. Transfer forceps and holding containers shall be cleaned and sterilized daily or more frequently if visibly contaminated.
C. Unused instruments in containers and containers that have been opened shall be resterilized after a 24-hour period.]
[.03] .04 Sterilization.
A. [The rinsed and dried needles, forceps, and soaking receptacle] Except as provided in Regulation .02C of this chapter, critical items, transfer forceps, and soaking receptacles shall be placed on a steel tray or rack in the center of an autoclave or heat sterilizer, separating instruments and keeping them away from the walls of the unit, and shall be sterilized according to manufacturer specifications or by:
B. Sterile [needles and forceps] critical items, transfer forceps, and soaking receptacles shall be stored in sterile covered containers until used.
C. Transfer forceps and holding containers shall be cleaned and
sterilized daily or more frequently if visibly contaminated.
D. Unused instruments in containers and containers that have
been opened shall be resterilized after a 24-hour period.
[C.] E.—[E.] G. (text unchanged)
[F.] H. Biological indicators shall be used no less than once a month according to manufacturers’ instructions to assure that the sterilizer is functioning properly.
LAURA HERRERA SCOTT
Secretary of Health
Title 13A
STATE BOARD OF EDUCATION
Notice of Proposed Action
[23-168-P]
The State Board of Education proposes to:
(1) Amend Regulation .02 under COMAR 13A.15.02 Registration Application and Maintenance;
(2) Amend Regulation .02 under COMAR 13A.16.02 License Application and Maintenance;
(3) Amend Regulation .02 under COMAR 13A.17.02 Letter of Compliance Application and Maintenance; and
(4) Amend Regulation .02 under COMAR 13A.18.02 Registration Application and Maintenance.
This action was considered by the State Board of Education at
their April 25, 2023, meeting.
Statement of Purpose
The purpose of this action is to add clarifying language to ensure that the implementation of the licensing process includes obtaining an ITIN number from applicants, if they don't have a SSN.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed amendments to the family child care, child care center, letters of compliance (LOC) and large family child care home regulations, found at COMAR 13A.15, 13A.16, 13A.17, and 13A.18, will not have an impact on the agency because it will be able to process new applications with existing resources. However, the proposed amendment could increase revenues in the child care community because individuals with only an ITIN will be able to apply for a license and thus open a new business and employ more people.
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: |
|
|
|
Family child care, child care centers, child-care letters of compliance, and large family child care homes |
(+) |
Unknown |
|
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. Family Child Care, Child Care Centers, Letters of Compliance (LOC) and Large Family Child Care Homes might increase revenue as result of the proposed amendments because they could result in the increase of the child care workforce pool, which would allow a child care program the opportunity to increase their child capacity and/or expand their child care program. However, the amount of revenue is unknown because the number of programs that will decide to increase their capacity and/or expand as a result of the proposed amendment is yet to be determined.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
The proposed amendment will allow an applicant with an ITIN the opportunity to open their own business, whether it be a family child care home, child care center, letter of compliance (LOC) or a large family child care home. This could increase the numbers of small businesses, which could better the economy by providing more jobs. In addition to new businesses opening because of the proposed regulation changes, current businesses may now be able to fill some of the vacancies within their child care programs, which may also result in business expansion.
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, Administrator of Policy and Special Projects, Maryland State
Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or
call 410-767-7852, or email to earlychildhoodregs.msde@maryland.gov. Comments will be accepted through September
25, 2023. 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 October 24, 2023, at 9 a.m., at 200 West Baltimore Street, Baltimore, Maryland 21201.
Subtitle 15 FAMILY CHILD CARE
13A.15.02 Registration Application and Maintenance
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 Initial Registration.
A. (text unchanged)
B. Except as set forth at §C of this regulation, an applicant for an initial registration shall:
(1)—(3) (text unchanged)
(4) Provide the Social Security number of the applicant or, if
the applicant does not have one, the individual taxpayer identification number
of the applicant;
[(4)] (5)—[(10)] (11) (text unchanged)
C.—D. (text unchanged)
Subtitle 16 CHILD CARE CENTERS
13A.16.02 License Application and Maintenance
Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and 9.5-413—9.5-418;
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 Initial License.
A. An individual or organization not currently licensed and wanting to operate a child care center shall:
(1)—(2) (text unchanged)
(3) Submit to the office at least 60 days before the proposed
opening date a completed and signed application form, supplied by the office,
that contains a statement of truthfulness and commitment to comply with this
subtitle; [and]
(4) Provide the Social Security number of the applicant or, if
the applicant does not have one, the individual taxpayer identification number
of the applicant; and
[(4)] (5)(text unchanged)
B.—C. (text unchanged)
Subtitle 17 CHILD CARE—LETTERS OF COMPLIANCE
13A.17.02 Letter of Compliance Application and Maintenance
Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409,
905-411, and 9.5-413—9.5-418; 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 Initial Letter of Compliance.
A. Application Requirements. An individual or organization that does not currently hold a letter of compliance and wishes to operate a nursery school or child care program under this subtitle shall:
(1) (text unchanged)
(2) File with the office at least 60 days before the proposed opening date a signed and completed application form supplied by the office; [and]
(3) Provide the Social Security number of the applicant or, if
the applicant does not have one, the individual taxpayer identification number
of the applicant; and
[(3)] (4) (text unchanged)
B.—C. (text unchanged)
Subtitle 18 LARGE FAMILY CHILD CARE HOMES
13A.18.02 Registration Application and Maintenance
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.); 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 Initial Registration.
A.—B. (text unchanged)
C. Before the proposed opening date of the child care home, an applicant for initial registration shall:
(1) Provide the Social Security number of the applicant or, if
the applicant does not have one, the individual taxpayer identification number
of the applicant;
[(1)] (2)—[(2)] (3) (text unchanged)
D.—F. (text unchanged)
MOHAMMED CHOUDHURY
State Superintendent of
Schools
Notice of Proposed Action
[23-028-P]
The State Board of Education proposes to adopt:
(1) New Regulations .09-1 and .10-1 under COMAR 13A.16.06 Staff Requirements; and
(2) New Regulation .06-1 under COMAR 13A.18.06 Provider and Staff Requirements.
This action was considered by the State Board of Education at its
September 27, 2022 meeting.
Statement of Purpose
The purpose of this action is to provide an individual who is eligible for employment as a child care teacher for children 3 years old and older in a Maryland center or home a probationary period of 6 months if the individual is applying for employment for the first time in Maryland and meets certain age, education, and training qualifications. The proposed new regulations further provide that a Maryland center or home must terminate or reassign to a nonteaching position any probationary teacher who fails to complete the requisite semester hours or training required during the 6-month probationary period. The regulations do allow for a Maryland center or home to request an extension of time for a probationary employee to complete any of the training requirements upon a showing of good cause.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed amendments to the child care center and large family child care home regulations, found at COMAR 13A.16 and 13A.18, add a component to the regulations that would establish certain qualifications for employment for a 6-month probationary period for an individual applying for the first time to be a child care teacher in a child care center or large family child care home in Maryland.
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: |
|
|
|
Child care centers and large family child care homes |
(+) |
Unknown |
|
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. Child care centers and large family child care homes might increase revenue as a result of the proposed regulations because they would allow opportunities for the programs to expand their ages 3 and older classrooms by expanding the pool of available teachers, should they also have the additional space for new rooms and meet the additional licensing requirements. However, the amount of revenue is difficult to determine because all programs may not meet the requirements necessary to expand or wish to expand. It is also difficult to determine how many individuals will decide to take advantage of the proposed amendment while seeking qualification to teach and remain in the classroom after the probationary employment period ends.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
The proposed regulations will allow child care centers and large family child care homes to not only maintain their current capacity now that they will have access to more qualified staff, but also allow the programs to increase their capacity for children 3 years old and older, which will result in an increase of revenue for the program.
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, Administrator of Policy and Special Projects, Maryland State
Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or
call 410-767-7852, or email to earlychildhoodregs.msde@maryland.gov. Comments will be accepted through September
25, 2023. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Maryland State Board of Education during a public meeting to be held on October 24, 2023, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.
Subtitle 16 CHILD CARE CENTERS
13A.16.06 Staff Requirements
Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and
9.5-413—9.5-418; 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)
.09-1 Probationary Child
Care Teachers in Preschool Centers.
A. An individual who has not
met the requirements specified in Regulation .09 of this chapter is eligible
for employment as a child care teacher for children 3 years old and older in a
preschool center for a probationary period of up to 6 months if the individual:
(1) Is applying for
employment as a child care teacher for the first time in a Maryland center or
home;
(2) Is 19 years old or older;
(3) Is enrolled in 3 clock
hours of approved training in compliance with the Americans with Disabilities
Act;
(4) Is enrolled in the
approved basic health and safety training; and
(5) Meets the requirements of
§B or C of this regulation.
B. An individual meets the
requirements of §A(5) of this regulation, if the individual:
(1) Holds an associate degree
or a bachelor’s degree in:
(a) Early childhood
education;
(b) Elementary education;
(c) Child development;
(d) Home economics;
(e) Nursing;
(f) Social work;
(g) Special education; or
(h) A related field approved
by the Department; and
(2) Is enrolled in 90 clock
hours or 6 semester hours of approved preservice training.
C. An individual meets the
requirements of §A(5) of this regulation, if the individual:
(1) Holds an associate degree
or a bachelor’s degree in a field other than the fields specified in §B(1) of
this regulation;
(2) Has successfully
completed at least 45 clock hours of the 90 clock hours or 3 semester hours of
the 6 semester hours of approved preservice training; and
(3) Is enrolled in the
remaining 45 clock hours or 3 semester hours of the approved preservice
training.
D. A probationary employee
shall complete:
(1) The approved basic health
and safety training required in §A(4) of this regulation within 90 days of
employment;
(2) The approved training in compliance
with the Americans with Disabilities Act as required in §A(3) of this
regulation within 6 months of employment; and
(3) The approved preservice
training required in §B(2) or C(3) of this regulation within 6 months of
employment.
F. If a preschool center requests an extension of time for a
probationary employee to complete any of the training requirements of this
regulation, the Department may:
(1) Without further cause, deny the request and direct the preschool
center to either terminate the probationary employee or reassign the
probationary employee to a non-teaching position at the center; or
(2) Upon a showing of good cause, grant the request and allow the
probationary teacher to remain in a teaching position at the center for a
period of time determined by the Department and approved by the Superintendent.
.10-1 Probationary Child Care
Teachers in School Age Centers.
A. An individual who has not
met the requirements specified in Regulation .10 of this chapter is eligible
for employment as a child care teacher in a school age center for a
probationary period of up to 6 months if the individual:
(1) Is applying for
employment as a child care teacher for the first time in a Maryland center or
home;
(2) Is 19 years old or older;
(3) Is enrolled in 3 clock hours
of approved training in compliance with the Americans with Disabilities Act;
(4) Is enrolled in the approved basic health and safety training; and
(5) Meets the requirements of
§B or C of this regulation.
B. An individual meets the
requirements of §A(5) of this regulation, if the individual:
(1) Holds an associate degree
or a bachelor’s degree in:
(a) Early childhood
education;
(b) Elementary education;
(c) Child development;
(d) Home economics;
(e) Nursing;
(f) Social work;
(g) Special education; or
(h) A related field approved
by the Department; and
(2) Is enrolled in 90 clock
hours or 6 semester hours of approved preservice training.
C. An individual meets the
requirements of §A(5) of this regulation, if the individual:
(1) Holds an associate degree
or a bachelor’s degree in a field other than the fields specified in §B(1) of
this regulation;
(2) Has successfully
completed at least 45 clock hours of the 90 clock hours or 3 semester hours of
the 6 semester hours of approved preservice training; and
(3) Is enrolled in the
remaining 45 clock hours or 3 semester hours of the approved preservice
training.
D. A probationary employee
shall complete:
(1) The approved basic health
and safety training required in §A(4) of this regulation within 90 days of
employment;
(2) The approved training in compliance
with the Americans with Disabilities Act as required in §A(3) of this
regulation within 6 months of employment; and
(3) The approved preservice
training required in §B(2) or C(3) of this regulation within 6 months of
employment.
E. Except as provided in §F
of this regulation, if a probationary employee fails to complete any of the
training requirements of this regulation within the time periods designated in
§D of this regulation, a school age center shall either terminate the
probationary employee or reassign the probationary employee to a non-teaching
position at the center.
F. If a school age center
requests an extension of time for a probationary employee to complete any of
the training requirements of this regulation, the Department may:
(1) Without further cause,
deny the request and direct the school age center to either terminate the
probationary employee or reassign the probationary employee to a non-teaching
position at the center; or
(2) Upon a showing of good
cause, grant the request and allow the probationary teacher to remain in a
teaching position at the center for a period of time determined by the
Department and approved by the Superintendent.
Subtitle 18 LARGE FAMILY CHILD CARE HOMES
13A.18.06 Provider and Staff Requirements
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)
.06-1 Probationary Family
Child Care Teachers.
A. An individual who has not
met the requirements specified in Regulation .06 of this chapter is eligible
for employment as a family child care teacher for children 3 years old and
older in a child care home for a probationary period of up to 6 months if the
individual:
(1) Is applying for
employment as a family child care teacher for the first time in a Maryland
center or home;
(2) Is 19 years old or older;
(3) Is enrolled in 3 clock
hours of approved training in compliance with the Americans with Disabilities
Act;
(4) Is enrolled in the approved basic health and safety training; and
(5) Meets the requirements of
§B or C of this regulation.
B. An individual meets the
requirements of §A(5) of this regulation, if the individual:
(1) Holds an associate degree
or a bachelor’s degree in:
(a) Early childhood
education;
(b) Elementary education;
(c) Child development;
(d) Home economics;
(e) Nursing;
(f) Social work;
(g) Special education; or
(h) A related field approved
by the Department; and
(2) Is enrolled in a 90-hour
or 6 semester hours of approved preservice training.
C. An individual meets the
requirements of §A(5) of this regulation, if the individual:
(1) Holds an associate degree
or a bachelor’s degree in a field other than the fields specified in §B(1) of
this regulation;
(2) Has successfully
completed at least 45 clock hours of the 90 clock hours or 3 semester hours of
the 6 semester hours of approved preservice training; and
(3) Is enrolled in the
remaining 45 clock hours or 3 semester hours of the approved preservice
training.
D. A probationary employee
shall complete:
(1) The approved basic health
and safety training required in §A(4) of this regulation within 90 days of
employment;
(2) The approved training in compliance
with the Americans with Disabilities Act as required in §A(3) of this
regulation within 6 months of employment; and
(3) The approved preservice
training required in §B(2) or C(3) of this regulation within 6 months of
employment.
E. Except as provided in §F
of this regulation, if a probationary employee fails to complete any of the
training requirements of this regulation within the time periods designated in
§D of this regulation, a family child care home shall either terminate the
probationary employee or reassign the probationary employee to a non-teaching
position at the child care home.
F. If a family child care
home requests an extension of time for a probationary employee to complete any
of the training requirements of this regulation, the Department may:
(1) Without further cause,
deny the request and direct the family child care home to either terminate the
probationary employee or reassign the probationary employee to a non-teaching
position at the child care home; or
(2) Upon a showing of good
cause, grant the request and allow the probationary teacher to remain in a
teaching position at the child care home for a period of time determined by the
Department and approved by the Superintendent.
MOHAMMED CHOUDHURY
State Superintendent of
Schools
Subtitle 39 INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION
14.39.02 Administration of the Public School Construction Program
Authority: Education Article, §§4-126, 5-112, and 5-303; State
Finance and Procurement Article, §5-7B-07; Annotated Code of Maryland;
Ch. 32, §5, Acts of 2022
Notice of Proposed Action
[23-169-P]
The Interagency Commission on School Construction proposes to amend
Regulation .05 under COMAR 14.39.02 Administration of the Public
School Construction Program. This action was considered by the Interagency
Commission on School Construction at an open meeting held on July 13, 2023,
notice of which was given by publication on the General Assembly website
pursuant to General Provisions Article, §3-302, Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to amend the Commission's regulations to update the State cost shares for fiscal years 2025 and 2026.
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 Hannah Sturm, Communications Coordinator, Interagency Commission on School Construction, 200 W. Baltimore St., Baltimore, MD 21201, or call 410-767-0510, or email to hannah.sturm@maryland.gov. Comments will be accepted through September 25, 2023. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Interagency Commission on School Construction during a public meeting to be held on October 12, 2023 at 9 a.m., at https://iac.mdschoolconstruction.org/?page_id=315.
.05 State Cost Share Percentage.
A. (text unchanged)
B. Percentages.
(1)—(2) (text unchanged)
(3) Reduction in the cost share of 4 percent or more shall be
phased in over the 2-year period with a reduction of 2 percentage points in the
first year and the remaining 2 or 3 percentage points in the second year.
[(3)] (4)—[(4)] (5) (text unchanged)
C.—E. (text unchanged)
F. For FY 2025 and 2026, the
State share percentages of public school construction funding for eligible
costs of approved projects are as follows:
|
County |
FY 2025 |
FY 2026 |
|
Allegany |
89% |
89% |
|
Anne
Arundel |
50% |
50% |
|
Baltimore
City |
94% |
91% |
|
Baltimore |
59% |
57% |
|
Calvert |
56% |
56% |
|
Caroline |
94% |
94% |
|
Carroll |
57% |
54% |
|
Cecil |
64% |
61% |
|
Charles |
64% |
64% |
|
Dorchester |
98% |
98% |
|
Frederick |
67% |
67% |
|
Garrett |
89% |
89% |
|
Harford |
61% |
58% |
|
Howard |
54% |
51% |
|
Kent |
50% |
50% |
|
Montgomery |
50% |
50% |
|
Prince
George’s |
71% |
68% |
|
Queen
Anne’s |
50% |
50% |
|
St.
Mary’s |
58% |
58% |
|
Somerset |
100% |
100% |
|
Talbot |
50% |
50% |
|
Washington |
78% |
78% |
|
Wicomico |
98% |
95% |
|
Worcester |
50%. |
50%. |
ALEX DONAHUE
Executive Director
Title 33
STATE BOARD OF ELECTIONS
Subtitle 01 DEFINITIONS; GENERAL PROVISIONS
33.01.05 Administrative Complaint Procedure
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 3-602, and 11-305, Annotated Code of Maryland; 42 U.S.C. §15512(a)
Notice of Proposed Action
[23-165-P]
The State Board of Elections proposes to amend Regulation .06 under COMAR 33.01.05 Administrative Complaint Procedure. This action was
considered by the State Board of Elections at its June 20, 2023, meeting.
Statement of Purpose
The purpose of this action is to The purpose of the proposed action is to allow a hearing to be conducted either in person or virtually and allows the complainant to request - for good cause - another date, time, or method for the hearing.
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 an impact on individuals with disabilities as follows:
This action would make it easier for individuals to participate in a hearing requested under the administrative complaint process.
Opportunity for Public Comment
Comments may be sent to Nikki Charlson, Deputy Administrator, State Board of Elections, P.O. Box 6486, Annapolis, MD 21401-0486, or call 410-269-2840, or email to DL_regscomments_SBE@maryland.gov. Comments will be accepted through September 25, 2023. A public hearing has not been scheduled.
.06 Complaint —
Consolidation, Record, Hearing, and Determination.
A.—B. (text
unchanged)
C. Hearing.
(1)—(3) (text
unchanged)
(4) [The State Board shall give at least 5
business days advance notice of the date, time, and place of the hearing] At least 5 business days before a
hearing, the State Board shall provide notice of the date, time, place, and
method (in-person or virtual) of the hearing. For good cause, a complainant may
request an alternative date, time, or method for the hearing. The requisite
notice shall be:
(a) [By]
Sent by mail to the complainant,
each named respondent, and any other interested person who has asked in writing
to be advised of the hearing;
(b) [On]
Posted on the State Board website;
and
(c) [By posting] Posted in a prominent
place, available to the general public, at the offices of the State Board.
(5)—(20) (text
unchanged)
D. (text unchanged)
LINDA H. LAMONE
State Administrator of
Elections
Notice of Proposed Action
[23-166-P]
The State Board of Elections proposes to amend:
(1) Regulation .01 under COMAR 33.16.02 Provisional Voting Documents and Supplies; and
(2) Regulation .02 under COMAR
33.21.03 Issuance and Return.
This action was considered by the State Board of Elections at its
May 5, 2023, meeting.
Statement of Purpose
The purpose of this action is to repeal an obsolete reference and clarify that, if a special election is conducted by mail, the same day registration and address change process will be available to voters during the early voting period for the special election.
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 Nikki Charlson, Deputy Administrator, State Board of Elections, P.O. Box 6486 Annapolis MD 21401-0486, or call 410.269.2840, or email to dl_regcomments_SBE@maryland.gov. Comments will be accepted through September 25, 2023. A public hearing has not been scheduled.
Subtitle 16 PROVISIONAL VOTING
33.16.02 Provisional Voting Documents and Supplies
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 3-305(e),
3-306,
9-402, 9-403, 9-404, 9-406, and 11-303(c) and (e), Annotated Code of Maryland
.01 Provisional Ballot Application.
A. Provisional Ballot Application. Except as required in [Regulations] Regulation .02 [and .03] of this chapter, the provisional ballot application shall include:
(1)—(5) (text unchanged)
B.—C. (text unchanged)
Subtitle 21 SPECIAL ELECTIONS BY MAIL
33.21.03 Issuance and Return
Authority: Election Law Article, §§2-102, 9-501, 9-502, and
9-504—9-506, Annotated Code of Maryland;
[42 U.S.C. §1973ff-1] 52
U.S.C. § 20302
.02 Envelopes.
A.—C. (text unchanged)
D. Postage Paid. [The] If a vote-by-mail ballot is sent by mail, the return envelope shall include prepaid postage.
E. (text unchanged)
LINDA H. LAMONE
State Administrator of
Elections