|
Maryland Register
Issue Date: November 3, 2023 Volume 50 • Issue 22 • Pages 963 — 994
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| Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before October 16, 2023 5 p.m.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 October 16, 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 ..................................................................... 967
COMAR Research Aids
Table of Pending Proposals ........................................................... 968
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
03 Comptroller of the Treasury .............................................. 979
08 Department of Natural Resources ............................. 973, 982
09 Maryland Department of Labor ......................................... 985
10 Maryland Department of Health ................................ 972, 973
13A State Board of Education ........................................... 977, 986
14 Independent Agencies ............................................... 977, 988
15 Maryland Department of Agriculture ........................ 978, 990
35 Maryland Department of Veterans Affairs ........................ 991
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.
COMMISSION ON JUDICIAL DISABILITIES
NOTICE OF PUBLIC CHARGES AND HEARING IN THE MATTER OF JUDGE APRIL T. ADEMILUYI — CJD 2022-079 971
Emergency Action on
Regulations
10 MARYLAND DEPARTMENT OF HEALTH
08 DEPARTMENT OF NATURAL RESOURCES
Hard-Shell Clams .....................................................................
10 MARYLAND DEPARTMENT OF HEALTH
Early Intervention Service
Coordination
Service Coordination for Children
with an IEP or Enrolled
in the Autism Waiver
School-Based Health Centers (SBHC)
Separate Children’s Health Insurance
Program (CHIP)
and CHIP Health Services Initiative
Eligibility
Maryland Medicaid Managed Care
Program:
Definitions
Maryland Medicaid Managed Care
Program: Eligibility and
Enrollment
Community Violence Prevention
Services
Maryland Medicaid Managed Care
Program: Benefits ...........
Professional and Volunteer
Firefighter Innovative Cancer
Screening Technologies Program
MARYLAND HEALTH CARE COMMISSION
Procedural Regulations for Health
Care Facilities and
Services
BOARD OF PHYSICAL THERAPY EXAMINERS
Continuing Education Requirements .......................................
BOARD OF PODIATRIC MEDICAL EXAMINERS
Licensing and Continuing Education
Requirements
Student Behavior Interventions
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
COMMISSION ON CRIMINAL SENTENCING POLICY
Criminal Offenses and Seriousness
Categories
INTERAGENCY COMMISSION ON SCHOOL
CONSTRUCTION
Administration of the Public School
Construction
Program
15 MARYLAND DEPARTMENT OF AGRICULTURE
Food Donation Program ...........................................................
Proposed Action on
Regulations
03 COMPTROLLER OF THE TREASURY
08 DEPARTMENT OF NATURAL RESOURCES
Fishing in Nontidal Waters ......................................................
Fishing in Nontidal Waters ......................................................
09 MARYLAND DEPARTMENT OF LABOR
STATE BOARD OF HEATING, VENTILATION, AIR-
CONDITIONING, AND REFRIGERATION
CONTRACTORS
General Regulations .................................................................
MARYLAND HEALTH BENEFIT EXCHANGE
Carrier Certification Standards
15 MARYLAND DEPARTMENT OF AGRICULTURE
Farmers’ Market Nutrition
Program—Appeal
Procedure
35 MARYLAND DEPARTMENT OF VETERANS AFFAIRS
MARYLAND VETERANS SERVICE ANIMAL PROGRAM
General Regulations .................................................................
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 23-WQC-0020 .........................
COMMISSION ON CRIMINAL SENTENCING POLICY
Public Meeting .........................................................................
Public Meeting .........................................................................
MARYLAND STATE LOTTERY AND GAMING CONTROL
AGENCY
MARYLAND HEALTH CARE COMMISSION
SPORTS WAGERING APPLICATION REVIEW
COMMISSION (SWARC)
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 2024†
|
Issue |
Emergency and Proposed Regulations 5
p.m.* |
Notices,
etc. 10:30
a.m. |
Final Regulations 10:30
a.m. |
|
2023 |
|||
|
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 |
|
2024 |
|||
|
January 12 |
December 22** |
December 29** |
January 3 |
|
January 26 |
January 8 |
January 12** |
January 17 |
|
February 9 |
January 22 |
January 29 |
January 31 |
|
February 23 |
February 5 |
February 12 |
February 14 |
|
March 8 |
February 16** |
February 26 |
February 28 |
|
March 22 |
March 4 |
March 11 |
March 13 |
|
April 5 |
March 18 |
March 25 |
March 27 |
|
April 19 |
April 1 |
April 8 |
April 10 |
|
May 3 |
April 15 |
April 22 |
April 24 |
|
May 17 |
April 29 |
May 6 |
May 8 |
|
May 31 |
May 13 |
May 20 |
May 22 |
|
June 14 |
May 24** |
June 3 |
June 5 |
|
June 28 |
June 10 |
June 17 |
June 18** |
|
July 12 |
June 24 |
July 1 |
July 3 |
|
July 26 |
July 8 |
July 15 |
July 17 |
|
August 9 |
July 22 |
July 29 |
July 31 |
|
August 23 |
August 5 |
August 12 |
August 14 |
|
September 6 |
August 19 |
August 26 |
August 28 |
|
September 20 |
August 30** |
September 9 |
September 11 |
|
October 4 |
September 16 |
September 23 |
September 25 |
|
October 18 |
September 30 |
October 7 |
October 9 |
|
November 1 |
October 11** |
October 21 |
October 23 |
|
November 15 |
October 28 |
November 4 |
November 6 |
|
December 2*** |
November 8** |
November 18 |
November 20 |
|
December 13 |
November 25 |
December 2 |
December 4 |
|
December 27 |
December 9 |
December 16 |
December 18 |
†
Please note that this table is provided for
planning purposes and that the Division of State Documents (DSD) cannot
guarantee submissions will be published in an agency’s desired issue. Although
DSD strives to publish according to the schedule above, there may be times when
workload pressures prevent adherence to it.
* Also note that proposal deadlines are for
submissions to DSD for publication
in the Maryland Register and do not take into account the 15-day AELR review
period. The due date for documents containing 8 to 18 pages is 48 hours before
the date listed; the due date for documents exceeding 18 pages is 1 week before
the date listed.
NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW
ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT REFLECTS THIS FORMATTING.
** Note closing date changes.
*** Note issue date changes.
The regular closing date for Proposals and
Emergencies is Monday.
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
03.01.05.01—.07 • 50:22 Md. R. 979
(11-3-23)
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
08.02.01.12 •
50:20 Md. R. 890 (10-6-23)
08.02.01.13 •
50:20 Md. R. 901 (10-6-23)
08.02.05.21 • 50:20 Md. R. 902
(10-6-23)
08.02.05.31 • 50:20 Md. R. 902
(10-6-23)
08.02.11.01 •
50:22 Md. R. 982 (11-3-23)
08.02.11.04,.06 •
50:22 Md. R. 983 (11-3-23)
08.02.12.03 •
50:20 Md. R. 902 (10-6-23)
08.02.13.06 •
50:21 Md. R. 953 (10-20-23)
08.02.15.04,.05,.07
• 50:20 Md. R. 904 (10-6-23)
08.02.23.05 •
50:19 Md. R. 855 (9-22-23)
08.04.16.02 •
50:21 Md. R. 954 (10-20-23)
08.07.08.08 •
50:18 Md. R. 809 (9-8-23)
09 MARYLAND DEPARTMENT OF LABOR
09.03.06.28 • 50:18 Md. R. 810 (9-8-23)
09.03.14.01—.18 • 50:4 Md. R. 125 (2-24-23)
50:7 Md. R. 307 (4-7-23) (corr)
50:18 Md. R. 812 (9-8-23)
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)
09.15.02.07 • 50:22 Md. R. 985 (11-3-23)
09.22.01.13 • 50:3 Md. R. 92 (2-10-23)
09.24.05.03 •
50:21 Md. R. 956 (10-20-23)
09.24.05.05 •
50:21 Md. R. 957 (10-20-23)
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)
10.09.16.01—.13 •
50:4 Md. R. 136 (2-24-23)
10.09.24.03 •
50:18 Md. R. 814 (9-8-23)
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)
10.09.36.03-2 •
50:18 Md. R. 814 (9-8-23)
10.09.41.03,.04,.07 • 50:16 Md. R. 730 (8-11-23)
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)
10.09.69.04,.14,.17
• 50:16 Md. R. 737 (8-11-23)
Subtitles 10—22 (3rd volume)
10.11.04.02,.04 • 50:15 Md. R.
689 (7-28-23)
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)
10.27.01.05 • 50:20 Md. R. 907 (10-6-23)
10.29.02.03 •
50:20 Md. R. 907 (10-6-23)
10.29.03.03 •
50:20 Md. R. 907 (10-6-23)
10.29.04.03 •
50:20 Md. R. 907 (10-6-23)
10.32.01.05,.11,.12
• 50:20 Md. R. 908 (10-6-23)
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)
10.41.01.01—.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)
10.41.08.01-1,.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)
10.43.10.01—.06 • 50:20 Md. R. 910 (10-6-23)
10.44.01.01—.39 • 50:20 Md. R. 911 (10-6-23)
10.44.20.02 •
50:20 Md. R. 918 (10-6-23)
10.44.22.02,.04—.06,.08—.15
• 50:20 Md. R. 918 (10-6-23)
Subtitles 53—68 (6th volume)
10.52.08.01—.16 •
50:18 Md. R. 816 (9-8-23)
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)
10.60.01.03,.05 •
50:18 Md. R. 816 (9-8-23)
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)
10.65.01.04—.16 •
50:18 Md. R. 817 (9-8-23)
10.65.07.01—04 • 50:18 Md. R. 817 (9-8-23)
10.65.11.01—.10 •
50:18 Md. R. 817 (9-8-23)
10.67.08.02 •
50:14 Md. R. 618 (7-14-23)
11 DEPARTMENT OF
TRANSPORTATION
Subtitles 01—10
11.04.02.05 • 50:20 Md. R. 923
(10-6-23)
Subtitles 11—23 (MVA)
11.12.01.14 •
50:15 Md. R. 698 (7-28-23)
13A STATE BOARD OF EDUCATION
13A.01.05.01—.04,.08,.10,.12
• 50:19 Md. R. 856 (9-22-23)
13A.01.07.01—.07
• 50:19 Md. R. 858 (9-22-23)
13A.07.06.01—.15
• 50:14 Md. R. 621 (7-14-23) (ibr)
13A.07.08.01—.08
• 50:22 Md. R. 986 (11-3-23)
13A.08.01.17 •
50:20 Md. R. 924 (10-6-23)
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 •
50:20 Md. R. 927 (10-6-23)
13A.15.05.03 •
50:20 Md. R. 927 (10-6-23)
13A.15.10.02 •
50:20 Md. R. 927 (10-6-23)
13A.15.11.04—.06
• 50:20 Md. R. 927 (10-6-23)
13A.15.13.04-1 •
50:20 Md. R. 932 (10-6-23)
13A.15.14.01,.02
• 50:20 Md. R. 932 (10-6-23)
13A.16.01.02 •
50:20 Md. R. 927 (10-6-23)
13A.16.05.11 •
50:20 Md. R. 927 (10-6-23)
13A.16.10.04 •
50:20 Md. R. 927 (10-6-23)
13A.16.11.04—.06
• 50:20 Md. R. 927 (10-6-23)
13A.16.17.04-1 •
50:20 Md. R. 932 (10-6-23)
13A.16.18.01,.02
• 50:20 Md. R. 932 (10-6-23)
13A.17.01.02 •
50:20 Md. R. 927 (10-6-23)
13A.17.05.11 •
50:20 Md. R. 927 (10-6-23)
13A.17.10.04 •
50:20 Md. R. 927 (10-6-23)
13A.17.11.04—.06
• 50:20 Md. R. 927 (10-6-23)
13A.17.15.04-1 •
50:20 Md. R. 932 (10-6-23)
13A.17.16.01,.02
• 50:20 Md. R. 932 (10-6-23)
13A.18.01.02 •
50:20 Md. R. 927 (10-6-23)
13A.18.05.11 •
50:20 Md. R. 927 (10-6-23)
13A.18.10.04 •
50:20 Md. R. 927 (10-6-23)
13A.18.11.04—.06
• 50:20 Md. R. 927 (10-6-23)
13A.18.14.04-1 •
50:20 Md. R. 932 (10-6-23)
13A.18.15.01,.02
• 50:20 Md. R. 932 (10-6-23)
13B MARYLAND HIGHER
EDUCATION COMMISSION
13B.08.20.02—.13
• 50:4 Md. R. 158 (2-24-23)
14 INDEPENDENT AGENCIES
14.01.01.01—.05 •
50:19 Md. R. 861 (9-22-23)
14.01.04.01—.05 •
50:19 Md. R. 864 (9-22-23)
14.35.07.08,.12,.14,.19
• 50:22 Md. R. 988 (11-3-23)
14.35.14.06,.07 •
50:22 Md. R. 988 (11-3-23)
14.35.15.05,.06,.08
• 50:22 Md. R. 988 (11-3-23)
14.35.16.07 •
50:22 Md. R. 988 (11-3-23)
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)
15 MARYLAND DEPARTMENT OF
AGRICULTURE
15.01.18.01—.03,.05,.07,.09 • 50:22 Md. R. 990 (11-3-23)
21 STATE PROCUREMENT
REGULATIONS
21.05.02.14 • 50:13 Md. R. 539
(6-30-23)
21.05.03.03 • 50:13 Md. R. 539
(6-30-23)
21.11.03.10 • 50:13 Md. R. 539
(6-30-23)
22 STATE RETIREMENT AND PENSION SYSTEM
22.01.14.02 • 50:20 Md. R. 936
(10-6-23)
22.07.01.02 • 50:20 Md. R. 936
(10-6-23)
22.07.02.01 • 50:20 Md. R. 936
(10-6-23)
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)
26.11.43.01—.05 •
50:18 Md. R. 836 (9-8-23) (ibr)
31 MARYLAND INSURANCE
ADMINISTRATION
31.05.08.28 •
50:20 Md. R. 937 (10-6-23)
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)
33.07.11.01,.02 • 50:15 Md. R.
703 (7-28-23)
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)
33.18.01.02 •
50:15 Md. R. 705 (7-28-23)
33.21.03.02 • 50:17 Md. R. 779 (8-25-23)
35 DEPARTMENT OF VETERANS
AFFAIRS
35.06.01.02 • 50:22 Md. R. 991 (11-3-23)
COMMISSION ON JUDICIAL DISABILITIES
NOTICE OF PUBLIC CHARGES AND HEARING
IN THE MATTER OF JUDGE APRIL T. ADEMILUYI
CJD 2022-079
The Maryland
Commission on Judicial Disabilities (“Commission”) will conduct a hearing to
consider charges brought against Judge April T. Ademiluyi in the
above-captioned case on December 13, 14, 20 and 21, 2023, beginning at
10:00a.m. On December 13 and 14, 2023, the hearing will take place at the
Appellate Court of Maryland, Courtroom 1, Robert C. Murphy Building, 361 Rowe
Boulevard in Annapolis, Maryland. On December 20 and 21, 2023, the hearing will
take place at the Judicial College of Maryland, Room 133, 187 Harry S.
Truman Parkway in Annapolis, Maryland. The hearing is open to the public.
The Charges and any
response by the Judge are available for inspection on the Commission’s website
(www.mdcourts.gov/cjd/publicactions.html).
For further
information, contact the Government Relations and Public Affairs Division at
410-260-1488 or communications@mdcourts.gov.
[23-22-09]
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 10
MARYLAND DEPARTMENT OF HEALTH
10.27.01 Examination and Licensure
Authority: Health Occupations Article, §§8-205, 8-206, 8-302,
8-304, and
8-308, Annotated Code of Maryland
Notice of Emergency Action
[23-216-E]
The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amend Regulation .05 under COMAR 10.27.01 Examination and Licensure.
Emergency status began:
October 6, 2023.
Emergency status
expires: April 3, 2024.
Editor’s Note: The text of
this document will not be printed here because it appeared as a Notice of
Proposed Action in 50:20 Md. R. 907 (October 6, 2023), referenced as [23-216-P].
LAURA HERRERA SCOTT
Secretary of Health
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
Notice of Final Action
[23-085-F]
On October 24, 2023, the Secretary of Natural Resources adopted:
(1) The repeal of existing Regulations .01—.08, new Regulations .01—.04, and amendments to and the recodification of existing Regulations .09, .10, and .12 to be Regulations .06, .05, and .07, respectively, under COMAR 08.02.02 Soft-Shell Clams;
(2) Amendments to Regulation .03 and the repeal of Regulation .16 under COMAR 08.02.04 Oysters;
(3) Amendments to Regulations .01 and .02, new Regulations .03 and .04, and amendments to and the recodification of existing Regulation .03 to be Regulation .05 under COMAR 08.02.07 Hard-Shell Clams; and
(4) Amendments to Regulations .02
and .07 and new Regulations .09, .11, and .12 under COMAR 08.02.08 Shellfish—General.
This action, which was proposed for adoption in 50:18 Md. R. 803—809 (September 8, 2023), has been adopted as proposed.
Effective Date: November 13, 2023.
JOSH KURTZ
Secretary of Natural Resources
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
Authority: Health-General Article, §§2-104(b), 7.5-204, 7.5-205(d), 7.5-402, 8-204(c), 15-103(a)(1), and 15-105(b), Annotated Code of Maryland
Notice of Final Action
[22-333-F]
On June 16, 2023, the Secretary of Health adopted amendments to Regulations .01, .02, .06, .07, and .09 under COMAR 10.09.33 Health Homes. This action, which was proposed for adoption in 50:6 Md. R. 227—228 (March 24, 2023), has been adopted as proposed.
Effective Date: November 13, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
Notice of Final Action
[22-292-F]
On October 20, 2023, the Secretary of Health adopted:
(1) Amendments to Regulations .01—.06 under COMAR 10.09.40 Early Intervention Service Coordination;
(2) Amendments to Regulations .01—.06 and new Regulation .03-1 under COMAR 10.09.52 Service Coordination for Children with an IEP or Enrolled in the Autism Waiver; and
(3) Amendments to Regulations .01, .03, and .05 under COMAR 10.09.76 School-Based Health Centers (SBHC).
This action, which was proposed for adoption in 50:1 Md. R. 13—21 (January 13, 2023), has been adopted with the nonsubstantive changes shown below.
Effective Date: November 13, 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:
COMAR 10.09.52.03: The Maryland Department of Health (the Department) is adding the qualifier “IEP” before “service coordination” and “service coordinator” to clarify the application of the regulations and differentiate the requirements for IEP service coordination from the requirements for Autism Waiver service coordination.
COMAR 10.09.52.03-1: The Department is adding the qualifier “Autism Waiver” before “service coordination” and “service coordinator” to clarify the application of the regulations and differentiate the requirements for Autism Waiver service coordination from the requirements for IEP service coordination.
COMAR 10.09.52.04-1: The Department is adding the qualifier “Autism Waiver” before “service coordinator” to clarify the application of the regulations and differentiate the requirements for Autism Waiver service coordination from the requirements for IEP service coordination.
COMAR 10.09.52.04-2: The Department is adding the qualifier “Autism Waiver” before “Service Coordination” and “service coordinator” to clarify the application of the regulations and differentiate the requirements for Autism Waiver service coordination from the requirements for IEP service coordination.
10.09.52 Service Coordination for Children with an IEP or Enrolled in the Autism Waiver
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland
.03 Conditions for Participation for IEP Service Coordination Providers.
A. (proposed text unchanged)
B. IEP service coordination providers shall:
(1)—(4) (proposed text unchanged)
(5) Maintain a file on each participant which meets the Program’s requirements which shall include:
(a)—(c) (proposed text unchanged)
(d) Approval from a participant’s parent of the participant’s IEP before implementation of the IEP service coordination; and
(e) A record of IEP service coordination encounters
including:
(i)—(iv) (proposed text unchanged)
(v) The IEP service coordinator’s printed name and
signature; and
(6) (proposed text unchanged)
C. IEP Service Coordinator Requirements.
(1)—(3) (proposed text unchanged)
(4) A nonprofessional who is chosen as a participant’s IEP service coordinator shall meet the following requirements:
(a) (proposed text unchanged)
(b) Have demonstrated training or experience in providing IEP
service coordination to students with disabilities; and
(c) Participate in ongoing IEP service coordination
training offerings as specified in the interagency plan for special education
services.
.03-1 Conditions for
Participation for Autism Waiver Service Coordination Providers.
A. (proposed text unchanged)
B. Specific requirements for participation in the Program as a
provider of Autism Waiver service coordination are that a provider shall:
(1) (proposed text unchanged)
(2) Designate specific, qualified individuals as Autism
Wavier service coordinators and verify their credentials for providing the
services covered under this chapter;
(3)—(4) (proposed text unchanged)
(5) Maintain a file on each participant that meets the Program’s
requirements and includes the waiver participant’s:
(a)—(i) (proposed text unchanged)
(j) Record of ongoing Autism Wavier service coordination
encounters, including:
(i)—(v) (proposed text unchanged)
(vi) The Autism Wavier service coordinator’s printed name
and signature;
(k)—(l) (proposed text unchanged)
C. (proposed text unchanged)
.04-1 Covered Services — Autism Waiver Service Coordination — General Requirements.
A.—C. (proposed text unchanged)
D. Waiver Plan of Care.
(1)—(3) (proposed text unchanged)
(4) A waiver participant’s Autism Waiver service coordinator may make minor changes to the waiver participant’s waiver plan of care without reconvening the waiver multidisciplinary team, if the change is approved by the waiver participant’s parent or parents, and MSDE is notified.
(5) (proposed text unchanged)
E. (proposed text unchanged)
.04-2 Covered Services — Autism Waiver Service Coordination — Specific Requirements.
A. (proposed text unchanged)
B. Waiver Ongoing Autism Waiver Service Coordination.
(1)—(2) (proposed text unchanged)
C. Waiver Reassessment. For the purposes of this section, “unit of service” means:
(1) A completed waiver plan of care review at least every 12 months, with revisions as necessary, which is submitted to MSDE and signed by the Autism Waiver service coordinator, the waiver participant or the parent or parents of a minor child, and all other members of the waiver multidisciplinary team;
(2)—(7) (proposed text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Notice of Final Action
[23-124-F]
On October 20, 2023, the Secretary of Health adopted:
(1) New Regulations .01—.15 under a new chapter, COMAR 10.09.62 Separate Children’s Health Insurance Program (CHIP) and CHIP Health Services Initiative Eligibility;
(2) Amendments to Regulation .01 under COMAR 10.67.01 Maryland Medicaid Managed Care Program: Definitions; and
(3) Amendments to Regulation .01
under COMAR 10.67.02 Maryland Medicaid Managed Care Program: Eligibility and
Enrollment.
This action, which was proposed for adoption in 50:16 Md. R. 732—737 (August 11, 2023), has been adopted as proposed.
Effective Date: November 13, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Notice of Final Action
[23-098-F]
On October 20, 2023, the Secretary of Health adopted:
(1) New Regulations .01—.06 under a new chapter, COMAR 10.09.63 Community Violence Prevention Services; and
(2) New Regulation .26-7
under COMAR 10.67.06 Maryland Medicaid Managed Care Program: Benefits.
This action, which was proposed for adoption in 50:13 Md. R. 526—528 (June 30, 2023), has been adopted as proposed.
Effective Date: November 13, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.89 1915(i) Intensive Behavioral Health Services for Children, Youth, and Families
Authority: Health-General Article, §2-104(b), Annotated Code of Maryland
Notice of Final Action
[22-341-F]
On June 16, 2023, the Secretary of Health adopted amendments to Regulations .09—.12 and .14 under COMAR 10.09.89 1915(i) Intensive Behavioral Health Services for Children, Youth, and Families. This action, which was proposed for adoption in 50:6 Md. R. 230—232 (March 24, 2023), has been adopted as proposed.
Effective Date: November 13, 2023.
LAURA HERRERA SCOTT
Secretary of Health
10.14.08 Professional and Volunteer
Firefighter Innovative Cancer Screening Technologies Program
Authority: Health-General
Article, §§13-4001—13-4007, Annotated Code of Maryland
Notice of Final Action
[23-094-F]
On October 20, 2023, the Secretary of Health adopted new Regulations .01—.08 under a new chapter, COMAR 10.14.08 Professional and Volunteer Firefighter Innovative Cancer Screening Technologies Program. This action, which was proposed for adoption in 50:13 Md. R. 528—530 (June 30, 2023), has been adopted with the nonsubstantive changes shown below.
Effective Date: November 13, 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 .02B(7): The definition of "Health care provider" has been updated to eliminate any mention of "medicine, surgery, or dentistry." This amendment does not impact the list of individuals who are already mentioned in the definition and have authorization to practice in the State.
.02 Definitions.
A. (proposed text unchanged)
B. Terms Defined.
(1)—(6) (proposed text unchanged)
(7) “Health care provider” means a doctor of medicine or
osteopathy, dentist, nurse practitioner, or physician assistant who is
authorized to practice [[medicine,
surgery, or dentistry]] by
the state in which the individual practices.
(8)—(12) (proposed text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 24 MARYLAND HEALTH CARE COMMISSION
10.24.01 Procedural Regulations for Health
Care Facilities and Services
Authority: Health-General
Article, §§19-109(a)(1), 19-118(d), 19-120,
19-120.1, and 19-126, et seq., Annotated Code of Maryland
Notice of Final Action
[23-108-F]
On October 19, 2023, the Maryland Health Care Commission adopted the repeal of existing Regulations .01─.22 under COMAR 10.24.01 Certificate of Need for Health Care Facilities and new Regulations .01—.22 under COMAR 10.24.01 Procedural Regulations for Health Care Facilities and Services. This action, which was proposed for adoption in 50:14 Md. R. 597—618 (July 14, 2023), has been adopted with the nonsubstantive changes shown below.
Effective Date: December 1, 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:
COMAR 10.24.01.01B(44): The definition of “merged asset system” was changed by replacing the reference from “entity” to “organization” to align with the statute. This was in response to a comment made by HFAM, who noted Health-General Article, §19-120(a)(2), Annotated Code of Maryland, refers to an “organization” that operates more than one health care facility or operates a health care facility and holds a Certificate of Need to construct a health care facility. “Organization” is the appropriate term instead of “entity.”
COMAR 10.24.01.01B(60): The language “if any” was added to the definition of “reviewer” to acknowledge that an evidentiary hearing is not always held. This was in response to a comment from Baker Donelson, who requested clarification.
COMAR 10.24.01.02F: This section was added to make explicit that a person shall request a determination of coverage in accordance with COMAR 10.24.01.14A if the person is unsure whether a project requires Certificate of Need approval. This is language that appears in the current regulations and was inadvertently removed, although the proposed regulations outlined the process under COMAR 10.24.01.14A for requesting a determination.
COMAR 10.24.01.03D(9): In response to a comment, staff added back the requirement that MHCC give notice of the abandonment of temporarily delicensed beds. A typographical error was corrected to change “suspend” to “suspended”.
COMAR 10.24.01.04A(2)(a)(i) and (ii): Language was revised to align with similar language appearing in COMAR 10.24.01.03. The change was required because the regulatory definition of “primary service areas” only applies to hospitals. However, the term “service area” applies to non-hospital health care facilities.
COMAR 10.24.01.04A(2)(b)(ii): Language was revised, in accordance with the statute, to clarify that the requirement to obtain a Certificate of Need for large capital expenditures is limited to hospital projects by adding the amendments “in the case of a hospital” and “the hospital capital threshold.”
COMAR 10.24.01.04D(3)(c) and (f): Language was revised to change “meeting” to “hearing” to maintain consistency with references and the statute.
COMAR 10.24.01.09B(2)(c): Language was amended to add “on a date” to clarify that staff will set the date on which exceptions and responses are due. This change was in response to a commenter who had concerns about the proposed schedule.
.01 Definitions.
A. (proposed text unchanged)
B. Terms Defined.
(1)—(43) (proposed text unchanged)
(44) “Merged asset system” means an [[entity]] organization
comprised of one or more regulated health care facilities under common
ownership or control.
(45)—(59) (proposed text unchanged)
(60) “Reviewer” means one Commissioner, appointed by the
Executive Director of the Commission, who:
(a)—(b) (proposed text unchanged)
(c) Serves as presiding officer at an evidentiary hearing on an
application or applications, if any.
(61)—(63) (proposed text unchanged)
.02 Coverage.
A.—E. (proposed text unchanged)
F. If a person is uncertain whether a project requires a
Certificate of Need, the person shall request a determination of coverage in
accordance with Regulation .14A of this chapter.
.03 Non-Coverage by Certificate of Need or Other Commission
Approval.
A.—C. (proposed text unchanged)
D. Temporary Delicensure or Suspension of Bed Capacity, a Health
Care Facility, or CON-Approved Service.
(1)—(8) (proposed text unchanged)
(9) Abandonment of Bed Capacity, Health Care Facility, or Service.
(a) If, at the end of the 1-year period or other time
period permitted under this section, the requirements of §C(5) or (7) of this
regulation have not been met, no request for an extension of time has been
granted pursuant to §C(6) of this regulation, and the previously delicensed bed
capacity or facility has not been relicensed or the previously [[suspend]] suspended service
has not been reimplemented, the bed capacity, health care facility, or service
is deemed abandoned by its owner or operator.
(b) The Commission shall issue a written notice to the owner
of the affected facility, and to its licensed operator if the facility is not
operated by its owner, of the opportunity to respond within 30 days before the
abandonment is considered final, in order to demonstrate that the previously
delicensed bed capacity or facility has been relicensed or the previously
suspended service has been reimplemented.
E.—K. (proposed text unchanged)
.04 Exemption from Certificate of Need Review.
A. The Commission may exempt from the requirement of CON review
and approval the following actions:
(1) (proposed text unchanged)
(2) Relocation of an existing health care facility owned or
controlled by a merged asset system, if:
(a) The relocation is to a site outside:
(i) [[the]] The primary service
area of the [[health
care facility]] hospital
to be relocated but within the primary service area of the merged asset system;
or
(ii) The service area of the non-hospital health care
facility to be relocated but within the primary service area of the merged
asset system; and
(b) The relocation of the existing health care facility does
not:
(i) (proposed text unchanged)
(ii) [[Require]] In the case of a
hospital, require a capital expenditure for its construction that exceeds
the hospital capital [[review]] threshold, adjusted for
inflation, except as provided by Regulation .03J of this chapter;
(3)—(6) (proposed text unchanged)
B.—C. (proposed text unchanged)
D. Public Informational Hearing.
(1)—(2) (proposed text unchanged)
(3) Requirements for a public informational hearing.
(a)—(b) (proposed text unchanged)
(c) The hospital shall identify to the public the names of the
senior management and Board of Directors attending the [[meeting]] hearing;
(d)—(e) (proposed text unchanged)
(f) Within 10 business days after the public informational
hearing, the hospital shall make available on its website a recording of the
public informational [[meeting]] hearing and provide
a written summary of the hearing, which shall also be provided to:
(i)—(vi) (proposed text unchanged)
E.—F. (proposed text unchanged)
.09 Commission Decision and Action on CON Applications.
A. (proposed text unchanged)
B. Exceptions.
(1) (proposed text unchanged)
(2) Schedule.
(a)—(b) (proposed text unchanged)
(c) Unless otherwise agreed by each applicant and interested
party, the schedule issued by Commission staff in a contested or comparative
review shall specify that exceptions shall be filed on a date at least
10 days after the issuance of a proposed decision and any response to the
exceptions filed on a date at least 7 days after the filing of
exceptions. The Commission staff may shorten these periods by agreement of the
parties, or extend any deadlines set for good cause shown.
(3)—(4) (proposed text unchanged)
C.—F. (proposed text unchanged)
RANDOLPH S. SERGENT
Chair
Maryland Health Care Commission
Subtitle 38 BOARD OF PHYSICAL THERAPY EXAMINERS
10.38.08 Continuing Education Requirements
Authority: Health Occupations Article, §§13-206 and 13-311, Annotated Code of Maryland
Notice of Final Action
[23-145-F]
On October 20, 2023, the Secretary of Health adopted amendments to Regulations .01—.08 under COMAR 10.38.08 Continuing Education Requirements. This action, which was proposed for adoption in 50:15 Md. R. 693—695 (July 28, 2023), has been adopted as proposed.
Effective Date: November 13, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 40 BOARD OF PODIATRIC MEDICAL EXAMINERS
10.40.02 Licensing and Continuing Education Requirements
Authority: Health Occupations Article, §§16-205(a), 16-301,
16-302(h),
16-302.1, 16-303(a), 16-307, 16-308, and 16-311(28), Annotated Code of Maryland
Notice of Final Action
[23-185-F]
On October 25, 2023, the Secretary of Health adopted amendments to Regulation .03 under COMAR 10.40.02 Licensing and Continuing Education Requirements. This action, which was proposed for adoption in 50:18 Md. R. 815 (September 8, 2023), has been adopted as proposed.
Effective Date: November 13, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Title 13A
STATE BOARD OF EDUCATION
13A.08.04 Student Behavior Interventions
Authority: Education Article, §§2-205, 7-301, 7-303—7-305, 7-307,
7-308,
7-1101—7-1107, and 8-405, Annotated
Code of Maryland
Notice of Final Action
[23-104-F]
On October 24, 2023, the Maryland State Board of Education adopted amendments to Regulations .01—.06 and adopted new Regulation .07 under COMAR 13A.08.04 Student Behavior Interventions. This action, which was proposed for adoption in 50:18 Md. R. 825—830 (September 8, 2023), has been adopted as proposed.
Effective Date: November 13, 2023.
CAREY M. WRIGHT, Ed.D.
Interim State Superintendent of Schools
Notice of Final Action
[23-168-F]
On October 24, 2023, the Maryland State Board of Education adopted amendments to:
(1) Regulation .02 under COMAR 13A.15.02 Registration Application and Maintenance;
(2) Regulation .02 under COMAR 13A.16.02 License Application and Maintenance;
(3) Regulation .02 under COMAR 13A.17.02 Letter of Compliance Application and Maintenance; and
(4) Regulation .02 under COMAR 13A.18.02 Registration Application and Maintenance.
This action, which was proposed for adoption in 50:17 Md. R. 774—775 (August 25, 2023), has been adopted as proposed.
Effective Date: November 13, 2023.
CAREY M. WRIGHT, Ed.D.
Interim State Superintendent of Schools
Notice of Final Action
[23-028-F]
On October 24, 2023, the Maryland State Board of Education adopted:
(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, which was proposed for adoption in 50:17 Md. R. 776—778 (August 25, 2023), has been adopted as proposed.
Effective Date: November 13, 2023.
CAREY M. WRIGHT, Ed.D.
Interim State Superintendent of Schools
Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY
14.22.02 Criminal Offenses and Seriousness Categories
Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland
Notice of Final Action
[23-177-F]
On October 24, 2023, the Maryland State Commission on Criminal Sentencing Policy adopted amendments to Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories. This action, which was proposed for adoption in 50:18 Md. R. 830—834 (September 8, 2023), has been adopted as proposed.
Effective Date: November 13, 2023.
DAVID A SOULE
Executive Director
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 Final Action
[23-169-F]
On October 12, 2023, the Interagency Commission on School Construction adopted amendments to Regulation .05 under COMAR 14.39.02 Administration of the Public School Construction Program. This action, which was proposed for adoption in 50:17 Md. R. 1011—1012 (August 25, 2023), has been adopted as proposed.
Effective Date: November 13, 2023.
ALEX DONAHUE
Executive Director
Title 15
MARYLAND DEPARTMENT OF AGRICULTURE
Subtitle 01 OFFICE OF THE SECRETARY
15.01.12 Food Donation Program
Authority: Tax-General Article, §10-745, Annotated Code of Maryland
Notice of Final Action
[23-115-F]
On October 24, 2023, the Maryland Department of Agriculture adopted amendments to Regulations .01, .03, and .04 under COMAR 15.01.12 Food Donation Program. This action, which was proposed for adoption in 50:18 Md. R. 835—836 (September 8, 2023), has been adopted as proposed.
Effective Date: November 13, 2023.
STEVEN A. CONNELLY
Deputy Secretary
Proposed Action on Regulations
Title 03
COMPTROLLER OF THE TREASURY
Subtitle 01 OFFICE OF THE COMPTROLLER
03.01.05 Private Letter Rulings
Authority: State Government
Article, §10-122(a); Tax-General Article,
§§2-102, 2-103, and 13-1A-05; Annotated Code of Maryland
Notice of Proposed Action
[23-226-P]
The Comptroller of the Treasury proposes to adopt new Regulations .01—.07 under a new chapter, COMAR 03.01.05 Private Letter Rulings.
Statement of Purpose
The purpose of this action is to provide a regulatory process for Maryland taxpayers and their authorized representatives to submit a petition for and receive a private letter ruling that is binding on the Comptroller as to the petitioner.
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 Krista Sermon, Deputy Director, Legal Division, Comptroller of Maryland, 110 Carroll Street, 105D, Annapolis, MD 21401, or call 410-260-7319, or email to ksermon@marylandtaxes.gov. Comments will be accepted through December 4, 2023. A public hearing has not been scheduled.
.01 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Authorized
representative” means an attorney, agent, or person designated by a petitioner
to represent the petitioner in a petition for a private letter ruling.
(2) “Person” means:
(a) An individual, receiver,
trustee, guardian, personal representative, fiduciary, or representative of any
kind;
(b) Any partnership, firm,
association, corporation, or other entity; and
(c) A governmental entity or
a unit or instrumentality of a governmental entity.
(3) “Petition” means a
written request for a private letter ruling that is submitted to the Legal
Division of the Comptroller’s Office by first-class mail, postage prepaid, or
electronically or is delivered in person.
(4) Petitioner.
(a) “Petitioner” means a
person who is requesting a private letter ruling.
(b) “Petitioner” does not
include a class or group of persons who are not related parties in a specific
and actual prospective transaction.
(5) “Private letter ruling”
means a final, written, non-appealable determination:
(a) Applicable to a specific
set of facts;
(b) Submitted in a written
petition under this chapter; and
(c) Issued by the Comptroller
of Maryland on:
(i) The application of tax
law administered by the Comptroller under Tax-General Article, Annotated Code
of Maryland;
(ii) The application of
regulations under this title to a specific set of facts; and
(iii) Other matters over
which the Comptroller has administrative authority.
(6) “Tax” means those State
and local taxes and fees administered by the Comptroller.
.02 General.
A. A private letter ruling is binding on the Comptroller for a
period of 7 years from the date the private letter ruling is issued unless
void, modified, or revoked in accordance with the provisions of Regulation .07
of this chapter.
B. A private letter ruling is a determination of the Comptroller
only as to the transaction that is the subject of the ruling.
C. A petitioner is not bound by a private letter ruling.
D. A petitioner’s failure to follow a private letter ruling may
be considered in determining whether interest and penalty should be reduced or
abated for reasonable cause in any subsequent challenge of an assessment or
denial of a refund on the issue covered by the private letter ruling.
E. A private letter ruling may be used as evidence of a petitioner’s
knowledge or intent in a subsequent proceeding.
F. The Comptroller may use information submitted in a petition
for a private letter ruling for subsequent audit purposes.
.03 Petition for Private Letter Ruling.
A. A petition for private letter ruling
shall be submitted with respect to a specific party and a specific, actual, and
prospective transaction or situation.
B. A petition for private letter ruling may be submitted by
either:
(1) A person who is a party to the subject transaction; or
(2) An authorized
representative on behalf of a party to the subject transaction.
EXAMPLE: The president of a
trade association may submit a petition for private letter ruling on the
taxability of a transaction contemplated by the trade association, such as
whether a prospective purchase by the non-profit trade association is exempt
from sales and use tax.
C. A petition for private letter ruling may not be submitted by:
(1) A group of persons that are not related parties in the
subject transaction, or a person acting on their behalf;
(2) A person that is not a party to the subject transaction;
(3) A person that is not an authorized representative of the
party to the subject transaction; or
(4) An anonymous or hypothetical party.
EXAMPLE: The president of a
trade association may not submit a petition for private letter ruling on the
taxability of a type of transaction that some or all its members are
contemplating, because the trade association is not itself a party to the
transaction and does not represent any party to the transaction in the
transaction.
D. A petition for private letter ruling shall be submitted in
the form and manner required by the Comptroller. The petition shall:
(1) Identify the petitioner and all parties
involved in the transaction or question;
(2) Contain a concise statement of the question or issue on
which the petition is based;
(3) Contain a detailed statement of the facts on which the
petition is based;
(4) Contain a redacted or anonymized
version of the statement of facts upon which the petition is based, which
may be published under Regulation .06 of this chapter;
(5) Identify all statutes, regulations,
judicial decisions, or other published federal or state guidance relevant to
the petition, including authority adverse to the petitioner’s position;
(6) Include a discussion of whether, and in
what manner, the statutes, regulations, judicial decisions, and other published
federal or state guidance apply to the petitioner under the facts outlined in
the petition;
(7) Contain a description of the
petitioner’s interest in the private letter ruling, which shall include:
(a) A statement as to whether the private
letter ruling sought is intended to affect the tax consequences of any
transaction or transactions entered into or contemplated by the petitioner, its
vendors, customers, clients, or any other person who is a party to the
transaction described in the petition, which are known by the petitioner to be
the subject of a Comptroller inquiry, audit, refund, or assessment proceeding
or any inquiry, audit, refund, or assessment proceeding conducted on behalf of
and with the approval of the Comptroller;
(b) A statement as to whether the private
letter ruling sought is intended to affect the petitioner’s status under any of
the licensing, regulatory, or statutory provisions administered by the
Comptroller, which is known by the petitioner to be the subject of an inquiry,
inspection, investigation, audit, refund request, voluntary disclosure, or
other proceeding in the Comptroller’s Office; and
(c) An explanation of the
circumstances surrounding the inquiry, audit, refund, assessment, inspection,
investigation, or other proceedings, if any;
(8) Contain a statement as to whether the petitioner has sought
or is seeking a private letter ruling or other guidance from the Internal
Revenue Service, another state, or another taxing authority on the transaction
or question that is the subject of its petition for a private letter ruling to
the Comptroller of Maryland and, if so, from what other state or taxing
authority;
(9) Contain, if the petitioner asserts a position or alternative
positions, a concise proposed draft ruling;
(10) Contain the signature of the petitioner or the petitioner’s
authorized representative; and
(11) Include, if the petition is submitted by an authorized
representative, a completed Maryland Form 548 Power of Attorney.
.04 Requests for Additional Information.
A. At any time before a private letter ruling is issued, the
Comptroller may request additional information from a petitioner.
B. Additional information may include:
(1) Statements or other
information required by Regulation .03 of this chapter;
(2) Documents or supporting
information;
(3) Specific facts about the
issue or transaction that is the subject of the petition; or
(4) Clarification of
statements of facts submitted to the Comptroller as part of the request for a
private letter ruling.
C. The petitioner shall submit the information to the
Comptroller within 30 days after the date of the Comptroller’s request for additional
information. The Comptroller’s request for additional information shall state
the date on which the additional information is due and the manner of
submission of the information.
D. If a petitioner fails to timely submit the additional
information requested by the Comptroller, the Comptroller may deny the petition
for private letter ruling.
E. The Comptroller may reopen a petition for private letter
ruling denied under §D of this regulation if, within 12 months after the denial
of the petition, the petitioner:
(1) Submits the additional information requested by Comptroller;
and
(2) Affirms that there have been no material changes to the
facts submitted in the petition for private letter ruling.
.05 Withdrawals and Denials of Petitions.
A. Petitioner may withdraw the petition for private letter
ruling at any time before the private letter ruling is issued.
B. Denial of Petition for Private Letter Ruling. The Comptroller
may deny a petition for private letter ruling for good cause, including:
(1) The issue is the subject
of existing guidance to taxpayers published by the Comptroller;
(2) The petitioner did not
timely submit additional information requested by the Comptroller under
Regulation .04 of this chapter.
(3) The issue identified in the
petition is:
(a) Under extensive study or
review; or
(b) Currently being
considered in a rule-making procedure, contested case, or any other agency or
judicial proceeding that may resolve the issue;
(4) The Comptroller has
reason to believe the issue is the subject of an examination, audit, or pending
refund request of the petitioner for the same or a prior tax period;
(5) The petition for private
letter ruling does not identify the taxpayer or taxpayers;
(6) The petition involves a
hypothetical situation or alternative plans;
(7) The transaction for which
the petition for private letter ruling is submitted is designed to avoid
taxation;
(8) The facts or issues
identified in the petition are unclear, overbroad, insufficient, or otherwise
inappropriate as a basis on which to issue a private letter ruling;
(9) The petition seeks to
determine whether a statute is constitutional under the Maryland Constitution
or the United States Constitution;
(10) The issue is addressed
by statute, regulation, or Court decision; or
(11) The issue involves the
tax consequence of any proposed but not yet enacted federal, state, or local
legislation.
C. If the Comptroller denies
a petition for private letter ruling under this section, the Comptroller shall
notify the petitioner in writing of the reason for the denial within 60 days of
the date on which the petition was submitted to the Comptroller.
.06 Issuance and Publication of Private Letter Ruling.
A. A private letter ruling shall be issued to the petitioner in
writing.
B. Publication.
(1) The Comptroller shall publish periodically on the
Comptroller’s website redacted or anonymized copies of private letter rulings
the Comptroller determines may be of interest to the public.
(2) The Comptroller, in its sole discretion, shall determine
whether to publish a private letter ruling.
(3) A published private letter ruling is not binding on the
Comptroller as to any person other than the petitioner who requested the
private letter ruling.
(4) Published private letter rulings may be relied upon by the
public as informal guidance.
(5) If the Comptroller intends to publish a private letter
ruling, the Comptroller shall provide, at least 15 business days prior to
publication, a redacted or anonymized draft for publication of the private letter
ruling to the petitioner or the petitioner’s authorized representative.
(6) In the draft for
publication, the Comptroller shall redact or anonymize identifying details,
trade secrets, commercial or financial information considered privileged, and any
information that would constitute an unwarranted invasion of personal privacy.
(7) The draft for publication
shall retain information sufficient to provide meaningful guidance to the
public.
(8) Within 15 business days of the date the draft of the private
letter ruling intended for publication is sent to petitioner, the petitioner
may submit revisions to the proposed draft for publication of the anonymized or
redacted information, if any, to the Comptroller.
(9) Failure of the petitioner to submit proposed revisions
within 15 business days shall be deemed a waiver of any claim that the version
for publication contains confidential information.
(10) The Comptroller shall respond to petitioner’s proposed
revisions of the anonymized or redacted private letter ruling before
publication.
(11) The Comptroller shall consider the petitioner’s proposed
redactions to the draft intended for publication; however, the Comptroller, in
its sole discretion, shall determine the contents of the published private
letter ruling.
.07 Status of Private Letter Rulings.
A. Effect and
Non-Appealability.
(1) A private letter ruling becomes binding on the Comptroller
on the date it is issued.
(2) A private letter ruling is binding on the Comptroller for 7
years from the date it is issued, unless the private letter ruling is void or
is modified or revoked under this regulation.
(3) A private letter ruling may not be appealed to the
Comptroller’s Hearings and Appeals Division, the Maryland Tax Court, any other
administrative agency or tribunal, or any State or federal court.
B. Void Private Letter
Rulings.
(1) A private letter ruling
is void and of no effect from the date it is issued if:
(a) The petition contains a misstatement or omission of material
facts in the petition; or
(b) The facts are determined to be materially different from the
representations on which the void private letter ruling was based.
(2) A void private letter ruling is not binding on the
Comptroller.
(3) Penalty and interest shall be applied to any tax owed but
not remitted in reliance on a private letter ruling that is void, and it shall
not be a defense to the assessment of any tax, interest, or penalty that the
petitioner relied on the private letter ruling in not paying the tax.
(4) The Comptroller may consider a misstatement, omission, or
misrepresentation of material facts, whether made by the petitioner or the
petitioner’s authorized representative, that voids a private letter ruling to
indicate fraud.
C. Modification or Revocation of Private Letter Rulings
(1) A private letter ruling is of no force or effect, and no
longer binds the Comptroller, automatically upon a material change in fact, or
as of the effective date of a change in any statute, regulation or rule, or the
issuance of a final decision in a contested case on which the private letter
ruling relies.
(2) A petitioner may request a written modification or
revocation of a private letter ruling. A request for modification or revocation
of a private letter ruling shall:
(a) Be submitted in writing;
(b) Include a detailed
description of the basis for the modification or revocation request; and
(c) Conform to the
requirements of Regulation .03 of this chapter.
(3) The Comptroller may modify or revoke a private letter ruling
if the Comptroller determines that a material change in facts or a change in
law, regulations, rules, or a final decision in a contested case affects the
validity of the private letter ruling. When modifying a private letter ruling,
the Comptroller shall notify the petitioner in writing of the modified private
letter ruling.
D. Renewal of Private Letter Ruling.
(1) A petitioner may request a renewal of a private letter
ruling no earlier than 6 months before the expiration of the private letter
ruling.
(2) A request for renewal of a private letter ruling shall:
(a) Be submitted in writing;
(b) Include a detailed description of the basis for the renewal,
including:
(i) A statement that no material facts have changed; and
(ii) A statement that no law, regulation, rule, or decision in a
contested case affects the validity of the private letter ruling.
(3) The Comptroller may deny a request for renewal of a private
letter ruling:
(a) If the Comptroller, in its sole discretion, determines that:
(i) Material facts have changed; or
(ii) There has been a change in law, regulation, rule, or final
decision in a contested case that affects the validity of the private letter
ruling; or
(b) For any of the reasons
listed in Regulation .05B of this chapter.
E. Expiration of Private Letter Ruling.
(1) Unless renewed, a private letter ruling automatically
expires as to the petitioner 7 years from the date the private letter ruling is
issued.
(2) An expired private letter ruling is not binding on the
Comptroller.
(3) An expired private letter ruling may be used as evidence of
petitioner’s knowledge or intent in a subsequent proceeding.
BROOKE E.
LIERMAN
Comptroller
Title 08
DEPARTMENT OF NATURAL RESOURCES
08.02.11 Fishing in Nontidal Waters
Authority: Natural Resources Article, §§4-221 and 4-602, Annotated Code of Maryland
Notice of Proposed Action
[23-232-P]
The Secretary of Natural Resources proposes to amend Regulation .01 under COMAR 08.02.11 Fishing in Nontidal Waters.
Statement of Purpose
The purpose of this action is to modify trout management rules in nontidal waters by: 1) requiring anglers to use barbless hooks in all Catch-and-Return Trout Fishing Areas and Delayed Harvest Areas during the catch-and-return season; 2) adding new Put-and-Take Trout Fishing Areas in Howard and Harford counties; 3) removing a Put-and-Take Trout Fishing Area in Harford County; 4) Eliminating the 18-foot leader restriction in Fly Fishing-Only areas; and 5) prohibiting keeping brown trout in Beaver Creek in Washington County.
This action proposes to require the use of barbless hooks in all Catch-and-Return Trout Fishing Areas and Delayed Harvest Areas during the catch-and-return season. Independent and dependent fishery surveys conducted by the Freshwater Fisheries and Hatcheries Division (FFHD) on the North Branch Potomac River tailwater trout fishery have documented high angler use and catch and a significant proportion (> 20 percent) of adult trout showing evidence of hooking injuries within the Catch-and-Return Trout Fishing Areas. Data collected by FFHD also suggests that each adult trout in the Catch-and-Return, All-Tackle management area of the North Branch Potomac River is caught on average twice annually. Similar results can be expected in other Catch-and-Return Trout Fishing Areas, which are smaller, more accessible, and more effectively fished than the North Branch Potomac River. The scientific literature generally supports that using barbless hooks reduces physical injury and handling time to unhook fish. Further, physiological stress and mortality of released fish generally increase with handling time and temperature. Survival of released fish is necessary to maintain a quality fishery and angling experience in pressured fisheries.
This action proposes to add new Put-and-Take Trout Fishing Areas in Howard and Harford counties and remove a Put-and-Take Trout Fishing Area in Harford County. In Harford County, Forest Hill/Friends Park Pond is being overtaken by emergent vegetation, and the Department has received complaints from anglers that the pond is difficult to fish. Bynum Pond provides better conditions for fishing and would replace Forest Hill/Friends Park Pond on the trout stocking schedule. In Howard County, Warfield Park Pond is approximately 3 acres and offers great access, a fishing pier, and a Howard County Youth Fishing Program site. Adding Warfield Park Pond to the Put and Take Trout Fishing Areas list would expand trout fishing opportunities in Howard County.
This action proposes to eliminate the 18-foot leader restriction in Fly Fishing-Only areas. The current leader length restriction limits certain specialized techniques (e.g., European nymphing, tight line nymphing, dry fly fishing) often employed by fly anglers. Restricting the leader length to no more than 18 feet is unnecessarily restrictive. Removing this restriction does not functionally change the definition of fly fishing. This change will not affect the fly-fishing requirement that the line cannot be cast directly from the reel or the types of reels that are legal to use.
Lastly, this action proposes to prohibit keeping brown trout in Beaver Creek in Washington County, from the confluence of Beaver Creek with Antietam Creek upstream to the Albert Powell State Trout Hatchery. A severe fish kill greatly reduced the brown trout population in Beaver Creek. The most productive spawning and juvenile nursery habitat occurs within the Put-and-Take Trout Fishing Area. Allowing the harvest of the few remaining or transplanted adult brown trout would limit the ability of the population to recover.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed regulation is expected to have no economic impact on the agency and a minor impact on anglers. The 2016 Maryland Angler Preference Survey estimated that trout fishing in Maryland has a $56,000,000 economic benefit. The Catch and Return Trout Fishing Areas are among the most popular Maryland trout fishing destinations, some of which support several trout fishing guide businesses. Removing the restriction on leader length will allow additional fly fishing techniques and participation. Maintaining high quality fisheries is crucial to continuing this level of economic impact.
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: |
NONE |
|
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
|
|
|
(1) Trout anglers |
(-) |
Indeterminable |
|
(2) Trout anglers |
(+) |
Indeterminable |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
F(1). Some participants not already using barbless hooks may incur new expenditures, although compliance may also be achieved by mashing the barbs of hooks down with pliers. Anglers who preferred to harvest brown trout in Beaver Creek will no longer have that opportunity, although many other opportunities to harvest brown trout continue to exist throughout the State.
F(2). Participants already using barbless hooks will not incur any additional expenditures. Due to the requirement to use barbless hooks the Department anticipates fewer fish will suffer hooking-related injuries, leading to lower fishing injury-related mortalities. This may lead to a long-term increase in fish populations in the affected areas which are popular with trout anglers. Similarly, prohibiting the possession of brown trout in Beaver Creek will help the population rebuild after a catastrophic die-off event, which will provide additional long-term fishing opportunities.
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 Fishing in Nontidal Waters — Trout, Regulatory Staff, Department of Natural Resources, Fishing and Boating Services, 580 Taylor Ave., 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#trout-fishing. Comments will be accepted through December 4, 2023. A public hearing has not been scheduled.
.01
Trout Fishing and Management Areas.
A. (text unchanged)
B.
Put-and-Take Trout Fishing Areas.
(1)—(4) (text unchanged)
(5) Except as provided in §C(1) of this regulation the following areas are designated as put-and-take trout fishing areas and are subject to the provisions in §B(1)—(3) of this regulation:
|
Closure Periods |
|
|
(a)—(i) (text unchanged) |
|
|
(j) Harford County: |
|
|
(i)—(ii) (text unchanged) |
|
|
(iii) [Forest Hill Pond] Bynum
Pond |
[2] 0 |
|
(k)
Howard County, Montgomery County, and Prince George's County: |
|
|
(i)—(xviii) (text unchanged) |
|
|
(xix)
Warfield Park Pond |
0 |
|
(l)—(n)
(text unchanged) |
C. Catch-and-Return Trout Fishing Areas.
(1) Owens Creek.
(a) Special provisions in effect on this area:
(i) From June 1 through the last day of February, a person may not
keep or have any trout in possession while fishing, or fish with any barbed hook; and
(ii) (text unchanged)
(b) (text unchanged)
(2)
[Areas with No Special Tackle
Restrictions.] North Branch Potomac River.
(a) Special provisions in effect on this area:
(i)—(ii) (text unchanged)
(iii) [No special tackle restrictions.] A person may not fish with any barbed hook.
(b) (text unchanged)
(3) Areas Limited to Use of Artificial Lures Only.
(a) Special Provisions in effect on these areas:
(i)—(iv) (text unchanged)
(v) A person may not fish with any barbed hook.
(b) (text unchanged)
(4) Areas Limited to Artificial Fly Fishing Only
(a) Special provisions in effect on these areas:
(i)—(ii) (text unchanged)
(iii) A person may fish only with conventional fly fishing tackle, including fly rods, fly reels, and fly line with a [maximum of 18 feet of] leader or monofilament line attached. Any method of angling when the fly is cast directly from the reel is prohibited. The use of spinning, spincast, and casting reels is prohibited.
(iv)—(v) (text unchanged)
(vi) A person may not fish with any barbed hook.
(b) (text unchanged)
D.—F. (text unchanged)
G. Delayed Harvest Trout Fishing Areas and Requirements.
(1) Group I Delayed Harvest Trout Fishing Areas and Restrictions.
(a)—(b) (text unchanged)
(c) Bait Restrictions for Group I Fishing Areas.
(i) From June 1 through September 30, inclusive, no special bait, lure, or tackle restrictions are in effect.
(ii) From October 1 through May 31, inclusive, in these areas, a person may not possess or use any natural or live bait, or any device enhanced with a scent and capable of catching fish.
(d) From October 1 through
May 31, inclusive, in these areas, a person may not fish with any barbed hook.
(2) Group II Delayed Harvest Trout Fishing Areas and Restrictions.
(a)—(c) (text unchanged)
(d) From October 1 through June 15, inclusive, in these areas, a person may not fish with any barbed hook.
H.—I. (text unchanged)
J. Special Restrictions for
Beaver Creek. A person may not have any brown trout in possession while fishing
in Beaver Creek, from the confluence with Antietam Creek upstream to the Albert
Powell State Trout Hatchery.
JOSH KURTZ
Secretary of Natural Resources
Subtitle 02 FISHERIES SERVICE
08.02.11 Fishing in Nontidal Waters
Authority: Natural Resources Article, §4-602, Annotated Code of Maryland
Notice of Proposed Action
[23-231-P]
The Secretary of Natural Resources proposes to amend Regulations .04 and .06 under COMAR 08.02.11
Fishing in Nontidal Waters.
Statement of Purpose
The purpose of this action is to establish a season and minimum size and creel limits for saugeye consistent with existing Statewide regulations for walleye, establish an 18 — 21-inch protected slot length limit for walleye in Deep Creek Lake, and make technical corrections to the bass season in the Youghiogheny River Lake.
The Freshwater Fisheries and Hatcheries Division (FFHD) introduced saugeye (Sander canadensis x vitreus) to Piney Reservoir (Frostburg Reservoir) in Garrett County as a management tool to improve panfish size structure to improve the reproductive success of largemouth bass by reducing the abundance of yellow perch, and to provide anglers with an additional gamefish. Saugeye are a member of the family percidae and are a hybrid cross between a female walleye (Sander vitreus) and male sauger (Sander canadensis). As a new introduction, no harvest regulations currently exist in Maryland for saugeye. This action would establish a minimum size and creel limits for saugeye consistent with the existing minimum size and creel limits for walleye (15-inch minimum size with a five fish per day creel, ten fish in possession). The regulation would be applicable in all nontidal waters, so, if the Department introduces this species into other water bodies, the management structure is already in place.
The 2016 Maryland Angler Preference Survey identified Deep Creek Lake as a key destination and vacation fishery with more than 60 million dollars of economic value. More than half of the 87,700 trips listed by MAPS indicated that their primary purpose was fishing, with 35 percent specifically targeting walleye. Deep Creek Lake is a four-season fishery and is considered Maryland's premier ice fishing destination, attracting both resident and nonresident anglers.
Independent and dependent fishery surveys of the Deep Creek Lake walleye fishery indicate that harvest is an important component of the fishing experience for many anglers. A tagging study conducted in 2022 found that 72 percent of the legal size (15 inches) walleye reported caught by anglers were kept. Fishery data and tournament results indicate that the average size of the angled and harvested walleye is 17.5 inches, with very few fish exceeding 20 inches.
Several management options were evaluated to improve the walleye size distribution, including no change to the current regulations, increasing the minimum size, and establishing a protected slot length limit. Population modeling conducted by the Freshwater Fisheries and Hatcheries Division suggests that the current minimum size combined with a slot size limit approach with an 18 to 21-inch protected slot (no harvest within this range) would provide the greatest benefit for improving the walleye size distribution while maintaining the opportunity to harvest some of the catch. Under this harvest scheme, 83 percent of the walleye harvest would occur above the minimum size (15 inches) and below the protected slot (18 — 21 inches), with the average size of harvested walleye remaining similar to the current average. Although the total number of estimated walleye harvested would decrease by 16 percent with a 14 percent decrease in yield, over time, the number of walleye reaching 22 inches and 24 inches is expected to increase more than twofold, significantly improving the angling experience. The creel limit would remain at five fish per day. There is strong anecdotal and documented support from anglers for a more restrictive walleye regulation on Deep Creek Lake to improve the fishery's size structure.
This action also amends the season for largemouth bass, smallmouth bass, and spotted bass in the Youghiogheny River Lake. The Youghiogheny River Lake is one of two bodies of water that span the Maryland/Pennsylvania jurisdictional boundary that are jointly managed by Pennsylvania and Maryland. Conowingo Reservoir is the other water body. The joint management agreement calls for Pennsylvania to make management decisions regarding the fish resources in the Youghiogheny River Lake and for Maryland to make the management decisions in the Conowingo Reservoir. When one state changes the rules that apply to the water body for which they are responsible, the other state is obligated to update its rules to mirror that management decision. In this case, Pennsylvania has changed its bass season and Maryland is updating its rules that apply to the Youghiogheny River Lake to reflect that change. This will aid in proper enforcement of the correct rule by the Maryland Natural Resources Police.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action may have an indeterminable positive economic impact by enhancing the walleye fishery in Deep Creek Lake, which is a key destination and vacation fishery in the State.
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: |
NONE |
|
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
|
|
|
Walleye anglers |
(+) |
Indeterminable |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
F. Deep Creek Lake is a top destination fishing location in the State. Anglers have expressed an interest in a more varied size structure in the walleye fishery, to increase the likelihood of encountering larger fish. Establishing a protected slot limit is the preferred management option to achieve that goal. It is not possible to determine the economic impact of this action, but providing a more varied size structure will enhance the desirability of this fishery, potentially leading to increased visitation and/or at minimum a continuance of current visitation levels, maintaining the 60 million dollars in economic value the fishery provides to the State.
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 Saugeye and Walleye Regulations, Regulatory Staff, Department of Natural Resources, Fishing and Boating Services, 580 Taylor Ave., 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#sizes. Comments will be accepted through December 4, 2023. A public hearing has not been scheduled.
.04 Statewide General Regulations.
A. Open Seasons, Creel, Possession, and Size Limits on Game and Fresh Water Fish in Nontidal Waters. Except as otherwise provided in this chapter for specific areas, the following apply Statewide:
(1) Open
Seasons.
|
Species |
Open Season |
|
(a)—(n)
(text unchanged) |
|
|
(o) Saugeye |
No closed season |
(2) Creel and Possession Limits.
|
Daily Creel |
Possession |
|
|
(a)—(t)
(text unchanged) |
||
|
(u) Saugeye |
5 |
10 |
(3) Minimum Size
from Tip of Nose to End of Caudal Fin or Tail
|
(a) Largemouth bass |
12 inches, except as provided in Regulation .03A and E of this
chapter. |
|
(b) Smallmouth bass |
12 inches, except as provided in Regulation .03A of this chapter. |
|
(c) Walleye |
[15 inches, except a
20-inch maximum size, Potomac River mainstem (northwest quadrant boundary
lines of the District of Columbia, approximately 0.5 mile upriver from the
Chain Bridge upstream to the spillway in Cumberland), from January 1 through
April 15.] |
|
(i) |
Except as provided in §§A(3)(ii) and A(3)(iii) of this regulation, 15
inches. |
|
(ii) |
In the Potomac River mainstem
(northwest quadrant boundary lines of the District of Columbia, approximately
0.5 mile upriver from the Chain Bridge upstream to the spillway in
Cumberland), from January 1 through April 15, a minimum size of 15 inches and
a maximum size of 20 inches. |
|
(iii) |
In Deep Creek Lake, a minimum size of 15 inches, except that all fish
between 18 and 21 inches, inclusive, shall be released. |
|
(d)—(r) (text unchanged) |
|
|
(s) Saugeye |
15 inches |
B.—P. (text unchanged)
.06 Youghiogheny River Lake.
A. (text unchanged)
B. Bass — Largemouth, Smallmouth, and Spotted.
(1) The following apply from January 1 through the day before the [first Saturday after April 11] second Saturday in April and from November 1 through December 31:
(a)—(b) (text unchanged)
(2) The season is closed from 12:01 a.m. the [first Saturday after April 11] second Saturday in April through 12:01 a.m. the [first Saturday after June 11] second Saturday in June.
(3) The following apply from 12:01 a.m. the [first Saturday after June 11] second Saturday in June through October 31:
(a)—(b) (text unchanged)
C.—Q. (text unchanged)
JOSH KURTZ
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 15 STATE BOARD OF HEATING, VENTILATION, AIR-CONDITIONING, AND REFRIGERATION CONTRACTORS
Authority: Business Regulation Article, §§9A-205(a)(1) and 9A-302(e) and (f), Annotated Code of Maryland
Notice of Proposed Action
[23-228-P]
The State Board of Heating, Ventilation, Air-Conditioning, and
Refrigeration Contractors proposes to amend Regulation .07 under COMAR 09.15.02
General Regulations. This action was considered at a public meeting of the
State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration
Contractors held on July 12, 2023, notice of which was provided by posting on
the Board of Heating, Ventilation, Air-Conditioning, and Refrigeration
Contractors’ website pursuant to General Provisions Article, §3-302(c)(3)(ii),
Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to amend COMAR 09.15.02.07 to comply with a legislative amendment pertaining to journeyman license requirements.
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, Mechanical Boards, Maryland Department of Labor, 1100 North Eutaw Street, Fifth Floor, Baltimore, MD 21201, or call 410-230-6160, or email to john.bull1@maryland.gov. Comments will be accepted through December 4, 2023. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors during a public meeting to be held on December 12, 2023. at 10:30 a.m., at the Maryland Department of Labor, 1100 North Eutaw Street, Fifth Floor Conference Room, Baltimore, MD 21201.
.07 Training for HVACR Journeyman.
A. Before an HVACR apprentice may be examined for a license as an HVACR journeyman, the apprentice shall complete at least [1,875] 6,000 hours of training in providing heating, ventilation, air-conditioning, and refrigeration services under the direction and control of a licensed HVACR contractor. The training shall be over a period of at least [3] 4 years, while licensed as a Maryland HVACR apprentice.
B.—C. (text unchanged)
BRIAN HAMILTON
Chair
Board of Heating, Ventilation, Air-Conditioning,
and Refrigeration Contractors
Title 13A
STATE BOARD OF EDUCATION
13A.07.08 Incentive Program for Certification by the National Board for Professional Teaching Standards
Authority: Education Article, [§6-112] §§6-1001(e), 6-1012, and 6-1013, Annotated Code of Maryland
Notice of Proposed Action
[23-227-P]
The Maryland State Board of Education proposes to amend
Regulations .01—.06 and repeal
Regulations .07 and .08 under COMAR 13A.07.08 Incentive Program for Certification by the National
Board for Professional Teaching Standards. This action was considered by
the State Board of Education at their August 22, 2023, meeting.
Statement of Purpose
The purpose of this action is to amend existing regulations to align with the requirements established in Ch. 36 (H.B. 1300), Acts of 2020, which repealed and replaced the Incentive Program for Certification by the National Board for Professional Teaching Standards, as well as redefined the eligibility requirements for participants. Additionally, MSDE has updated the terminology and policies associated with the National Board for Professional Teaching Standards that have been altered since the regulations were last published.
Estimate of Economic Impact
I. Summary of Economic Impact. The change in statute in 2020 requires the State and local school systems to fund the candidacy of a teacher’s National Board certification (NBC). This grant program, which was optional for local school systems prior to 2020, now requires participation. Additionally, the revised law allows funding (if available) for one retake of each of the components of the assessment process for each candidate. Given that there are approximately 60,000 teachers employed in local school systems and approximately 3,500 currently hold an NBC, the State and locals would need to fund the cost of up to 56,500 teachers. The Blueprint for Maryland’s Future establishes significant pay raises for teachers who achieve NBC, so there is a substantial incentive to pursue certification. The cost of funding an NBC candidacy ($1,900) for 56,500 is $107,350,000 ($71,566,666 for the State and $35,783,333 for locals). Once the 60,000 Maryland teachers are National Board certified, to fund the maintenance (i.e., renewal) of the NBC, the State and locals will need to pay the renewal costs under this grant ($495 per teacher every 5 years). This would be a recurring cost as long as the grant is in place.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
|
|
|
Maryland State Department of Education |
(E+) |
Unknown |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
|
|
|
Local education agencies |
(E+) |
Unknown |
|
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
|
D. On regulated industries or trade groups: |
NONE |
|
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
|
|
|
Teachers |
(+) |
Unknown |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. If the remaining 56,500 teachers who do not currently hold an NBC participate in a candidacy, it would cost the State 2/3 of the cost at $35,783,333. The recurring cost once all teachers are certified would cost the State approximately $19,800,000 every 5 years.
C. If the remaining 56,500 teachers who do not currently hold an NBC participate in a candidacy, it would cost local school systems 1/3 of the cost at $35,783,333. The recurring cost once all teachers are certified would cost local school systems approximately $9,900,000 every 5 years.
F. Teachers who hold National Board certification are considered to be more highly qualified than those teachers who do not, per the Blueprint for Maryland’s Future. Having more Maryland teachers who hold National Board certification will theoretically result in a better-qualified teacher workforce and an increase in student outcomes.
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 Melissa Chandler, National Board Coordinator, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-5654, or email to melissa.chandler@maryland.gov. Comments will be accepted through December 4, 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 January 23, 2024, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.
.01 Scope.
This chapter establishes the criteria for the selection of public school [candidates] teachers who are eligible to receive financial aid, subject to annual appropriation by the Maryland General Assembly, to pursue initial certification or [renewal] maintenance of certification by the National Board for Professional Teaching Standards.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) "Completion of the National Board [Assessment] certification process" means the candidate submits the requisite number of scoreable [entries] components, as defined by National Board for Professional Teaching Standards (NBPTS), for initial certification or [renewal] maintenance of certification within [one assessment cycle] the time frame allowed by the NBPTS.
(2) (text unchanged)
(3) "National Board certification fee" means the [assessment] component fee charged by the NBPTS.
(4) "National Board certification process for initial certification" means the process [which involves compiling a portfolio and completing assessment center activities] designed to collect standards-based evidence of accomplished practice that requires the candidate to complete four components, including assessment and portfolio-based activities.
(5) "National Board [certification process for renewal] maintenance of certification" means the process for a current National Board certified teacher to extend their certification that requires the candidate [for renewal] to complete [one portfolio entry] two components that [contains] contain evidence of connections between the candidate's continued professional growth and student learning.
(6)—(7) (text unchanged)
(8) “Teacher” means a certified public school employee who is
primarily responsible and accountable for teaching the students in the class
and, unless otherwise provided, does not include:
(a) Curriculum specialists;
(b) Instructional aides;
(c) Attendance personnel;
(d) Psychologists;
(e) Social workers;
(f) Clerical personnel;
(g) An individual with a Resident Teacher Certificate; or
(h) An individual with a certification for career professionals.
.03 Eligibility Criteria.
A. [In order to] To be eligible to receive financial aid to pursue initial NBPTS certification, a candidate shall:
(1) Have completed 3 years of successful teaching [on a Maryland professional certificate at one or more early childhood, elementary, middle, or secondary public schools] in an area and grade band related to the category for National Board certification the applicant is seeking;
(2)—(3) (text unchanged)
(4) Have access to a class of students of the age and in the
content area of the National Board certificate being pursued;
[(4)] (5) (text unchanged)
[(5) Demonstrate teaching practice in designated fields as
identified by the NBPTS.]
(6) Either:
(a) If completing a
certificate in Literacy, Reading Language Arts, Exception Needs, Early
Childhood Generalist, Middle Childhood Generalist, and English as a New
Language, demonstrate proficiency in the knowledge and practices of the science
of reading, including phonemic awareness, phonics, fluency, vocabulary, and
comprehension, by submitting one of the following:
(i) A passing score on a reading instruction test approved by
the State Board of Education;
(ii) Completion of course work or professional learning approved
by the Department; or
(iii) An attestation of proficiency through observation
completed by a Department-recognized assessor; or
(b) If completing a World Language certificate, provide a
qualifying score on the American Council on the Teaching of Foreign Languages
(ACTFL) speaking and writing proficiency certificates as determined by the
NBPTS.
B. [In order to] To be eligible to receive financial aid to pursue [renewal] maintenance of certification of the NBPTS certificate, a candidate shall:
(1)—(2) (text unchanged)
C. [In order to] To be eligible to receive financial aid to pursue [one] a retake of a component, a candidate shall:
(1) (text unchanged)
(2) [Pursue the NBPTS certificate within the next assessment
cycle immediately following the cycle in which the candidate does not achieve
National Board certification] Comply with deadlines as specified by
the Department and NBPTS.
D. [A local school system may establish additional criteria
for eligibility] A candidate may only receive payment for one retake
of each assessment on the National Board for Professional Teaching Standards.
.04 Selection Procedures.
A. Each participating local school system shall:
[(1) Establish a diverse selection committee representative
of the educational community to include, but not be limited to, classroom
teachers, National Board certified teachers, school administrators, and local
teacher association members who are classroom teachers;]
[(2)] (1) [Establish and publicize] Publicize
written criteria[, including the criteria] identified in
Regulation .03 of this chapter for the selection of candidates; and
[(3)] (2) Forward names of [initial] candidates for the financial incentive program to the Department in accordance with the timelines established by the Department, with the following information:
(a) (text unchanged)
(b) NBPTS Candidate code;
(c) Race, ethnicity, and gender;
(d) Contact information;
(e) Subject assignment or assignments;
(f) School assignment or assignments;
[(c)] (g) Signed, notarized memorandum of
understanding that specifies the candidate's financial responsibility if the
candidate does not complete the [assessment] process; and
[(d)] (h) Confirmation of verification of
eligibility as identified in Regulation .03 of this chapter[; and].
[(e) Verification that the selection procedures specified in this regulation were followed; and
(4) Forward names of renewal and retake candidates for the financial
incentive program to the Department in accordance with the timelines
established by the Department, with the information required under Regulation
.04A(3)(a)—(c) of this chapter.]
[B. The State Board of Education shall select initial,
renewal, and retake candidates for National Board certification and promptly
notify the respective school system and candidates in writing.]
[C.] B. (text unchanged)
.05 Continuing Professional Development Credits.
A. A candidate who receives a National Board certificate shall earn six continuing professional development credits toward the renewal of the Maryland professional certificate.
B. A candidate who completes the National Board certification process, but who does not receive a National Board certificate, shall earn three continuing professional development credits toward the renewal of the Maryland professional certificate.
.06 Costs.
A. Costs for the fee charged by NBPTS shall be shared in the following manner:
(1) The State Board of Education shall pay 2/3 of the National Board certification fee, and the local school system shall pay 1/3 of the National Board certification fee for an initial or [renewal] maintenance of certificate candidate; and
(2) Subject to the annual appropriation by the Maryland General Assembly, the State Board of Education [may] shall pay 2/3 of the National Board certification fee, and the local school system [may] shall pay 1/3 of the National Board certification fee, for a candidate to pursue one retake [for] of each component of the National Board certification process.
B. Reimbursement.
(1) A candidate who does not complete [the] all four components of the initial National Board certification process within the first 3 years of their candidacy shall reimburse the State Board of Education the full amount of the aid, and the State Board of Education shall reimburse the local school system its share.
(2) A candidate who completes the certification process but does not achieve National Board [Certification,] certification is not required to reimburse the amount of the aid.
CAREY M. WRIGHT, Ed.D.
Interim State Superintendent of Schools
Subtitle 35 MARYLAND HEALTH BENEFIT EXCHANGE
Notice of Proposed Action
[23-229-P]
The Maryland Health Benefit Exchange proposes to amend:
(1) Regulations .08, .12, .14, and .19 under COMAR 14.35.07 Eligibility Standards for Enrollment in a Qualified Health Plan, Eligibility Standards for APTC and CSR, and Eligibility Standards for Enrollment in a Catastrophic Qualified Health Plan in the Individual Exchange;
(2) Regulations .06 and .07 under COMAR 14.35.14 Termination, Cancellation, and Rescission of Qualified Health Plan;
(3) Regulations .05, .06, and .08 under COMAR 14.35.15 Carrier Certification Standards; and
(4) Regulation .07 under COMAR 14.35.16 Plan Certification Standards.
This action was considered at the regular session of the MHBE
Board of Trustees on September 18, 2023.
Statement of Purpose
The purpose of this action is to bring MHBE into alignment with the federal 2024 Notice of Benefit and Payment Parameters; make technical corrections to bring MHBE regulations into alignment with current MHBE practices; and establish a limit on the number of plans offered per metal level per carrier beginning in Plan Year 2025.
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 Becca Lane, Senior Health Policy Analyst, Maryland Health Benefit Exchange, 750 E. Pratt St., 6th Floor, Baltimore, MD 21202, or call (410) 547-7371, or email to becca.lane@maryland.gov. Comments will be accepted through December 4, 2023. A public hearing has not been scheduled.
14.35.07 Eligibility Standards for Enrollment in a Qualified Health Plan, Eligibility Standards for APTC and CSR, and Eligibility Standards for Enrollment in a Catastrophic Qualified Health Plan in the Individual Exchange
Authority: Insurance Article, §31-106(c)(1)(iv), Annotated Code of Maryland
.08 Eligibility Requirements for Advance Payments of the Premium Tax Credit.
A.—E. (text unchanged)
F. Beginning 2024, pursuant to guidance from HHS, a tax filer
may not be eligible for APTC if:
(1) HHS notifies the Individual Exchange that APTC was made on
behalf of the tax filer, or either spouse if the tax filer is a married couple,
for 2 consecutive years for which tax data would be utilized for verification
of household income and family size as set forth in 45 CFR §155.320(c)(1)(i);
and
(2) The tax filer or spouse did not file a federal income tax
return and reconcile the APTC received for that year and for the
previous year.
[F.] G.—[J.] K. (text unchanged)
.12 Special Enrollment Periods — Loss of Minimum Essential Coverage or Termination of Other Specified Coverage Through the Individual Exchange.
A.—D. (text unchanged)
E. To be eligible for a special enrollment period under this regulation, a qualified individual, an enrollee, a qualified individual’s dependent, or an enrollee’s dependent shall:
(1) (text unchanged)
[(2) select a QHP up to 60 days before or within 60 days
after the loss of minimum essential coverage or the termination of coverage;
and]
(2) Select a QHP:
(a) Up to 60 days before or within 90 days after the loss of
minimum essential coverage through the Maryland State Medicaid Program or the
Maryland Children’s Health Insurance Program (CHIP), including the Maryland
Children’s Health Program (MCHP) Premium, on August 1, 2024, and beyond; or
(b) Up to 60 days before or within 60 days after the loss of any
other form of minimum essential coverage or the termination of coverage; and
(3) (text unchanged)
F. Enrollment in a QHP selected by a qualified individual, an enrollee, or a qualified individual’s dependent during a special enrollment period for loss of minimum essential coverage or termination of coverage under §A(1)—(4) of this regulation shall be effective on:
(1) The first day of the month following the loss of minimum
essential coverage or termination of coverage if the Individual Exchange
receives the QHP selection before the loss of minimum essential coverage or the
coverage terminates; [or]
(2) The first day of the month after the Individual Exchange
receives the QHP selection if the Individual Exchange receives the QHP
selection after the loss of minimum essential coverage or the coverage
terminates[.]; or
(3) Notwithstanding §F(1) and (2), at the option of the
consumer, the first day of the month in which the triggering event occurs if
the loss of minimum essential coverage occurs mid-month and the plan selection
is made on or before the last day of the month preceding the triggering event.
G.—H. (text unchanged)
.14 Special Enrollment Period — Error, Misrepresentation, or Inaction Through the Individual Exchange.
A.—D. (text unchanged)
E. Effective January 1, 2020, the length of the special enrollment
period shall be [30 days from the date that the Individual Exchange
notifies the qualified individual that the qualified individual or qualified
individual’s dependent provides notice.] 60 days from the date
that the Individual Exchange notifies the qualified individual or qualified
individual’s dependent of their eligibility for a special enrollment period
under this regulation.
F. (text unchanged)
G. Plan Display Errors.
(1) A qualified individual, an enrollee, or their dependent is eligible
for a special enrollment period if their decision to purchase a QHP through the
Exchange was influenced by a material error related to plan benefits, cost
sharing, service area, or premium.
(2) Notwithstanding §§C and D of this regulation, the burden of
proof for an error under this section may not fall on the qualified individual
or qualified individual’s dependent.
(3) The length of the special enrollment period under this
section shall adhere to the guidance in §E of this regulation.
(4) The effective date of coverage under this section shall
adhere to the guidance in §F of this regulation.
.19 Special Enrollment Period — Other.
A.—M. (text unchanged)
N. Eligibility Windows.
(1) A qualified individual, an enrollee, a qualified individual’s dependent, or an enrollee’s dependent shall notify the Individual Exchange of the change in circumstances and select a QHP within the following time frames:
(a)—(b) (text unchanged)
(c) For §C of this regulation (Maryland Easy Enrollment Health
Insurance Program), 35 days after the date specified on the SEP notification
letter sent to the qualified individual; [and]
(d) For §D of this regulation (pregnancy), 90 days after the date of confirmation of pregnancy by a health care practitioner[.]; and
(e) For §J of this regulation, 60 days before the triggering
event, unless the HRA or QSEHRA was not required to provide the notice setting
forth its terms to such individual or enrollee at least 90 days before the
beginning of the plan year, as specified in 45 CFR §146.123(c)(6), 26 CFR §54.9802–4(c)(6),
and 29 CFR §2590.702–2(c)(6) or §9831(d)(4) of the Internal Revenue Code, as
applicable, in which case the qualified individual, enrollee, or dependent of
the individual or enrollee has 60 days before or after the triggering event to
select a QHP.
(2) (text unchanged)
O.—P. (text unchanged)
14.35.14 Termination, Cancellation, and Rescission of Qualified Health Plan
Authority: Insurance Article, §31-106(c)(1)(iv), Annotated Code of Maryland
.06 Termination by the Exchange.
A.—E. (text unchanged)
F. For an enrollee’s dependent turning age 26, the carrier may
not terminate coverage of the dependent before the end of the coverage year in
which the dependent reaches age 26.
.07 Termination by Carrier.
A.—B. (text unchanged)
C. Notice of Non-Payment of Premiums.
(1) If an enrollee is delinquent on premium payment, the carrier shall provide the enrollee with notice of such payment delinquency. A carrier shall provide such notices promptly and without undue delay, within 10 business days of the date the issuer should have discovered the delinquency.
14.35.15 Carrier Certification Standards
Authority: Insurance Article, §31-106(c)(1)(iv), Annotated Code of Maryland
.05 Conditions for Participation — Authorized Carrier Conduct.
A.—C. (text unchanged)
D. An authorized carrier and its officials, employees, agents, and representatives:
(1) Shall comply with any applicable State laws and regulations
regarding marketing by carriers; [and]
(2) Shall offer plans and plan variations with marketing names
that include correct information, without omission of material fact, and do not
include content that is misleading; and
[(2)] (3) (text unchanged)
E.—N. (text unchanged)
.06 Conditions for Participation — Individual Exchange Premium Payment.
A.—E. (text unchanged)
F. Establishment of Standard Policies for Termination of QHPs Due to Non-payment of Premiums.
(1) (text unchanged)
(2) The authorized carrier’s standard policy shall:
(a)—(c) (text unchanged)
(d) Specify whether the authorized carrier has a premium payment threshold policy under COMAR [14.35.07.11F] 14.35.07.11G; and
(e) (text unchanged)
G. (text unchanged)
.08 Requirements for Qualified Plans.
A.—B. (text unchanged)
C. An authorized carrier shall offer no more than [four benefit
designs per metal level in the Individual Exchange and four benefit
designs per metal level in the SHOP Exchange.]:
(1) Four benefit designs per metal level in the Individual
Exchange and four benefit designs per metal level in the SHOP Exchange
in plan year 2024 and prior plan years; and
(2) Three benefit designs per metal level in the Individual
Exchange and three benefit designs per metal level in the SHOP Exchange
beginning in plan year 2025.
D.—E. (text unchanged)
14.35.16 Plan Certification Standards
Authority: Insurance Article, §31-106(c)(1)(iv), Annotated Code of Maryland
.07 Qualified Health Plan Certification — Essential Community Providers.
A. For each health benefit plan that a carrier seeks to offer through the Exchange, the carrier shall make all good faith efforts to contract with at least [30] 35 percent of available essential community providers in the plan’s service area as part of each plan’s provider network, except as specified in §C of this regulation.
B. —F. (text unchanged)
MICHELE EBERLE
Executive Director
Title 15
MARYLAND DEPARTMENT OF AGRICULTURE
Subtitle 01 OFFICE OF THE SECRETARY
15.01.18 Farmers’ Market Nutrition Program—Appeal Procedure
Authority: Agriculture Article, §2-103, Annotated Code of Maryland
Notice of Proposed Action
[23-189-P]
The Maryland Department of Agriculture proposes to amend Regulations
.01—.03, .05, .07, and .09 under COMAR 15.01.18 Farmers’ Market Nutrition Program.
Statement of Purpose
The purpose of this action is to: (1) amend a certain timeline for requesting a hearing by a farmer participating in the WIC Farmers’ Market Nutrition Program (WIC FMNP) that the Maryland Department of Agriculture (MDA) administers (so that this timeline is consistent with that governing appeals by a farmer participating in the Special Supplemental Nutrition Program for Women, Infants, and Children that the Maryland Department of Health (MDH) administers; (2) amend certain notice requirements that MDA shall provide to a FMNP participant (i.e., a farmer FMNP applicant or recipient, and local agency) in conjunction with an adverse action against the participant; and (3) make certain other clarifying amendments to the Farmers’ Market Nutrition Program.
Estimate of Economic Impact
I. Summary of Economic Impact. This proposed action has minimal economic impact. The primary purpose of this action is to bring certain timelines that MDA has established in conjunction with farmers participating in the WIC FMNP in line with those that MDH has established in conjunction with farmers participating in the Special Supplemental Nutrition Program for Women, Infants, and Children.
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: |
|
|
|
(1) Farmers |
(-) |
Minimal |
|
(2) Farmers |
(+) |
Minimal |
|
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(1). Consistent with the timelines governing MDH’s Program, if an adverse action is taken against a farmer participating in the WIC FMNP, the farmer is afforded less time to file a written appeal (that is, the farmer must file the appeal within 10 days—rather than 30 days—from the date that the notice of action was issued). However, while the timeline for noting an appeal is lessened, it is largely offset by the greater timeline that MDA must provide the farmer before taking an adverse action against the farmer.
D(2). Consistent with timelines governing MDH’s Program, before taking an adverse action against a farmer participating in the WIC FMNP, MDA must afford the farmer more advance notice of the action (that is, MDA must provide the farmer 15 calendar days—rather than 3 calendar days—written notification of the adverse action, the cause of action, and the effective date of the action). This change, which also applies to farmers participating in the SFMNP, benefits the farmers. In addition, consistent with timelines governing MDH’s Program, MDA must afford the farmer a minimum of 10 business days advance notice of the time and place of the hearing (rather than simply “adequate advance notice”). This change also applies to a farmer participating in the SFMNP.
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 Mark Powell, Marketing Services, Program Manager, Maryland Department of Agriculture, 50 Harry S. Truman Parkway, Annapolis, MD 21401, or call 410-841-5775, or email to mark.powell@maryland.gov. Comments will be accepted through December 4, 2023. A public hearing has not been scheduled.
.01 Purpose.
A. This chapter sets forth the appeal procedure for the Senior Farmers’ Market Nutrition Program (SFMNP) and the WIC Farmers’ Market Nutrition Program (WIC FMNP). The SFMNP and the WIC FMNP are segments of the Farmers’ Market Nutrition Program (FMNP). The Maryland Department of Agriculture administers SFMNP in the State. The [Maryland Department of Agriculture and the] Maryland Department of Health [jointly administer] assists the Department in administering the WIC FMNP in the State. The FMNP, a federal-State partnership with USDA, is designed to:
(1)—(2) (text unchanged)
B. This chapter, as required under 7 CFR §248.16 for the WIC FMNP and 7 CFR §249.16 for the SFMNP, establishes a procedure for the following persons to appeal certain adverse actions of the Maryland Department of Agriculture in its administration of the FMNP:
(1)—(2) (text unchanged)
(3) Farmers participating in the SFMNP and the WIC FMNP and who have applied to participate in these programs.
C. The Maryland Department of Health has adopted a procedure for the following persons to appeal certain adverse actions it takes in administering its portion of the WIC FMNP:
(1) (text unchanged)
(2) Local agencies assisting in [implementing] distribution of the WIC FMNP.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(7) (text unchanged)
(8) “WIC FMNP” means a Federal-State partnership that USDA has with the [Maryland Department of Agriculture and the Maryland Department of Health] Department in which USDA provides federal funds to [these departments] the Department to administer a program designed to:
(a) Provide WIC FMNP recipients access to locally grown fruits, vegetables, [honey,] and herbs; and
(b) Increase the domestic consumption of agricultural commodities through farmers’ markets, roadside stands, and community supported agricultural programs.
(9) “WIC FMNP recipient” means a pregnant woman, [infant older than 4 months, or child who receives benefits or is waiting to receive benefits] breastfeeding woman, postpartum woman, infant, or child who is receiving benefits under the Program, and the breastfed infant of a breastfeeding woman participant under the WIC Program authorized under §17 of the Child Nutrition Act of 1966, as amended.
.03 Appealing Adverse Actions to the Secretary.
A. (text unchanged)
B. SFMNP Participants.
(1)—(2)
(3) An SFMNP recipient who becomes ineligible during a certification, or whose certification period expires, may appeal the termination. While awaiting the hearing, the SFMNP recipient may not receive new benefits.
C.—D. (text unchanged)
.05 Time Limit for Requesting a Hearing.
A. [If the Department takes one of the adverse actions] Except a farmer participating in the WIC FMNP, a person who is the subject of an adverse action listed in Regulation .03 of this chapter[, the person against whom the action is taken] (for example, the SFMNP applicant or recipient, a local agency, or a farmer participating in the SFMNP) shall file a written request for a hearing with the Department within 30 days from the date that the Department mails or otherwise issues the notice of the action.
B. A farmer participating in the WIC
FMNP shall file a written request for a hearing with the Maryland Department of
Health within 10 days from the date that the Department mails or otherwise
issues the notice of action.
C. The Department shall consider a
request for a hearing filed on the earlier of the dates it is:
(1) Received by the Department, such as by delivery by the
person; or
(2) Postmarked by the United States Postal Service.
.07 Procedure.
If the Department takes one of the adverse actions listed in Regulation .03 of this chapter, it shall provide the person affected (for example, the SFMNP applicant or recipient, a local agency, or a farmer) with the following:
A. [3] 15 calendar days in advance of the effective date of the adverse action, written notification of the adverse action, the cause for the action, and the effective date of the action, including the Department’s determination of whether the action shall be postponed under Regulation .06 of this chapter if it is appealed, and the opportunity for a hearing;
B. The opportunity to appeal the Department’s action within [30 days from the date that the Department mails or otherwise issues the notice of adverse action] the time limits set forth in Regulation .05 of this chapter;
C. [Adequate] 10 business days advance notice of the time and place of the hearing to provide all parties involved sufficient time to prepare for the hearing;
D.—H. (text unchanged)
.09 Continuing Responsibilities.
When a farmer or local agency appeals an adverse action and is permitted to continue in the FMNP while the appeal is pending, the farmer or local agency continues to be responsible for compliance with all FMNP regulations and the terms of the written agreement or contract with the Department.
STEVEN A.
CONNELLY
Deputy Secretary
Title 35
MARYLAND DEPARTMENT OF VETERANS AFFAIRS
Subtitle 06 MARYLAND VETERANS SERVICE ANIMAL PROGRAM
Authority: State Government Article §9-957, Annotated Code of Maryland
Notice of Proposed Action
[23-233-P]
The Secretary of Veterans Affairs proposes to amend Regulation .02 under COMAR 35.06.01 General Regulations.
Statement of Purpose
The purpose of this action is to modify the definition of "therapy horse" to no longer require that a State-licensed stable that is a member of the Professional Association of Therapeutic Horsemanship (PATH) International, LLC, be a premier accredited member center.
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:
The proposed action will potentially result in a greater number of licensed stables potentially qualifying for assistance grants under the Maryland Veterans Service Animal Program, designed to help qualifying non-profits to train service dogs and provide equine therapy to veterans.
Opportunity for Public Comment
Comments may be sent to Dana Burl, Director of Communications, Outreach and Advocacy, Maryland Department of Veterans Affairs, 16 Francis St., Fl. 4 Annapolis, MD 21401, or call 443-853-0322, or email to dana.burl@maryland.gov. Comments will be accepted through December 4, 2023. A public hearing has not been scheduled.
A. (text unchanged)
B. Terms Defined.
(1)—(9) (text unchanged)
(10) “Therapy horse” means a horse determined appropriate for interactions with veterans at a stable licensed by the State that is a Professional Association of Therapeutic Horsemanship, International (PATH, Intl.) [premier accredited] member center or has Equine Assisted Growth and Learning Association (EAGALA) certified professionals who provide services to veterans.
ANTHONY C. WOODS
Secretary of Veterans Affairs
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 23-WQC-0020
EMT Investments
LLC
448 Mauldin Ave
North East,
MD 21901
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 23-WQC-0020
Location: Hance Point Rd, Parcel 77, North East, MD 21901
The purpose of the project is to provide for deeper water for navigation.
Description of Authorized Work: Construct an 80-foot long by 28-foot wide boat ramp with two 45-foot bulkhead returns, and two 80-foot long by 6-foot wide floating pier with associated support piles and two 16-foot long by 3-foot wide gangways, all extending a maximum of 80 feet channelward of the mean high water line.
The WQC and its attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This Water Quality Certification is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.
Contact: Miles Simmons at robertm.simmons@maryland.gov or at 410-901-4044.
[23-22-08]
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.