Capitol Building Maryland Register

Issue Date:  December 29, 2023

Volume 50 •  Issue 26  • Pages 1121 —1174

IN THIS ISSUE

Judiciary

Advisory Opinions

Regulations

Errata

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before December 11, 2023 5 p.m.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 December 11, 2023.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

Information About the Maryland Register and COMAR

MARYLAND REGISTER

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

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

   The following information is also published regularly in the Register:

   • Governor’s Executive Orders

   • Attorney General’s Opinions in full text

   • Open Meetings Compliance Board Opinions in full text

   • State Ethics Commission Opinions in full text

   • Court Rules

   • District Court Administrative Memoranda

   • Courts of Appeal Hearing Calendars

   • Agency Hearing and Meeting Notices

   • Synopses of Bills Introduced and Enacted by the General Assembly

   • Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

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

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

CODE OF MARYLAND REGULATIONS (COMAR)

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

CITATION TO COMAR REGULATIONS

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

DOCUMENTS INCORPORATED BY REFERENCE

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

HOW TO RESEARCH REGULATIONS

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

SUBSCRIPTION INFORMATION

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

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

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

Annotated Code of Maryland):

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

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

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

   • By petitioning the circuit court for a declaratory judgment

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

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

 

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

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; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

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

Illustrations by Carolyn Anderson, Dept. of General Services

 

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


 

 Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register ...................................................................  1125

 

COMAR Research Aids

Table of Pending Proposals .........................................................  1126

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

03        Comptroller of the Treasury ............................................  1131

08        Department of Natural Resources ...................................  1134

09        Maryland Department of Labor .............................  1131, 1135

10        Maryland Department of Health ......................................  1131

14        Independent Agencies .....................................................  1140

22        State Retirement and Pension System .............................  1132

33        State Board of Elections ........................................  1132, 1147

35        Maryland Department of Veterans Affairs ......................  1133

36        Maryland State Lottery and Gaming Control
               Agency ................................................................  1130, 1149

 

PERSONS WITH DISABILITIES

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

 

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS .........................................  1129

 

Emergency Action on Regulations

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

GAMING PROVISIONS

General .....................................................................................  1130

Investigation and Licensing .....................................................  1130

Video Lottery Operation License .  1130

Enforcement of Voluntary Exclusion Program ..  1130

Collection of Taxes, Fees, and Penalties .  1130

Video Lottery Facility Minimum Internal Control
   Standards
.  1130

Facility Standards .  1130

VIDEO LOTTERY TERMINALS

Video Lottery Technical Standards .  1130

Video Lottery Terminal Machines .  1130

INSTANT BINGO MACHINES IN ANNE ARUNDEL AND
   CALVERT COUNTIES

Application and Licensing .......................................................  1130

SPORTS WAGERING PROVISIONS

General  1130

All Applicants and Licensees — Applications and
   Investigations
.  1130

All Applicants and Licensees — Qualification
   Requirements
.  1130

Specific Requirements for Sports Wagering Facilities
   Licensees
.  1130

Specific Requirements for Mobile Sports Wagering
   Licenses
.  1130

Specific Requirements for Other Licenses Required for Sports
   Wagering
.  1130

Enforcement of Voluntary Exclusion Program ........................  1130

Sports Wagering Licensee Minimum Internal Control
   Standards
.  1130

Sports Wagering Requirements and Limitations .  1130

Sports Wagering Licensee Facility Standards .  1130

SPORTS WAGERING APPLICATION REVIEW
   COMMISSION

All Applicants and Awardees .  1130

 

Final Action on Regulations

03 COMPTROLLER OF THE TREASURY

OFFICE OF THE COMPTROLLER

Private Letter Rulings ..............................................................  1131

09 MARYLAND DEPARTMENT OF LABOR

BOARD OF PUBLIC ACCOUNTANCY

Examinations .  1131

Examinations .  1131

10 MARYLAND DEPARTMENT OF HEALTH

BOARD OF MORTICIANS AND FUNERAL DIRECTORS

Examination .  1131

Inspection of Funeral Establishments .  1131

Fee Schedule .  1131

BOARD OF PHARMACY

Pharmacy Technicians .  1132

BOARD OF CHIROPRACTIC EXAMINERS

Continuing Education Requirements .  1132

22 STATE RETIREMENT AND PENSION SYSTEM

GENERAL REGULATIONS

Applications for Service Retirement  1132

COMPLIANCE WITH THE INTERNAL REVENUE CODE

General Provisions .  1132

Code Compliance .  1132

33 STATE BOARD OF ELECTIONS

DEFINITIONS; GENERAL PROVISIONS

Administrative Complaint Procedure .......................................  1132

PROVISIONAL VOTING

Provisional Voting Documents and Supplies ...........................  1132

SPECIAL ELECTIONS BY MAIL

Issuance and Return .  1132

35 MARYLAND DEPARTMENT OF VETERANS AFFAIRS

MARYLAND VETERANS SERVICE ANIMAL PROGRAM

General Regulations .  1133

 

Proposed Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

BOATING—SPEED LIMITS AND OPERATION OF
   VESSELS

Ocean City—Back Bay Areas ..................................................  1134

09 MARYLAND DEPARTMENT OF LABOR

REAL ESTATE COMMISSION

Fees .  1135

BOARD FOR PROFESSIONAL LAND SURVEYORS

Fees .  1136

BOARD OF ARCHITECTS

Fees .  1136

BOARD FOR PROFESSIONAL ENGINEERS

Fees .  1137

BOARD OF PUBLIC ACCOUNTANCY

General Regulations .  1138

BOARD OF EXAMINERS OF LANDSCAPE ARCHITECTS

Fees .  1139

14 INDEPENDENT AGENCIES

MARYLAND ENERGY ADMINISTRATION

Maryland Strategic Energy Investment Program .....................  1140

Maryland Efficiency Standards .  1142

33 STATE BOARD OF ELECTIONS

ELECTION DAY ACTIVITIES

Challengers or Watchers ..........................................................  1147

Electioneering; Exit Polling .....................................................  1147

ABSENTEE BALLOTS

Issuance and Return .................................................................  1147

PROVISIONAL VOTING

Issuance of Provisional Ballot  1147

EARLY VOTING

Early Voting Activities .  1147

ABSENTEE BALLOTS

Definitions; General Provisions ...............................................  1148

Canvass of Ballots — Rejecting Ballots .  1148

36 MARYLAND STATE LOTTERY AND GAMING
   CONTROL AGENCY

GAMING PROVISIONS

General .....................................................................................  1149

Investigation and Licensing .  1149

Video Lottery Operation License .  1149

Enforcement of Voluntary Exclusion Program ..  1149

Collection of Taxes, Fees, and Penalties .  1149

Video Lottery Facility Minimum Internal Control
   Standards
.  1149

Facility Standards .  1149

VIDEO LOTTERY TERMINALS

Video Lottery Technical Standards .  1149

Video Lottery Terminal Machines .  1149

INSTANT BINGO MACHINES IN ANNE ARUNDEL AND
   CALVERT COUNTIES

Application and Licensing .  1149

SPORTS WAGERING PROVISIONS

General  1149

All Applicants and Licensees — Applications and
   Investigations ........................................................................
 1149

All Applicants and Licensees — Qualification
   Requirements
.  1149

Specific Requirements for Sports Wagering Facilities
   Licensees
.  1149

Specific Requirements for Mobile Sports Wagering
   Licenses
.  1149

Specific Requirements for Other Licenses Required for
   Sports Wagering
.  1149

Enforcement of Voluntary Exclusion Program ..  1149

Sports Wagering Licensee Minimum Internal Control
   Standards
.  1149

Sports Wagering Requirements and Limitations .  1149

Sports Wagering Licensee Facility Standards .........................  1149

SPORTS WAGERING APPLICATION REVIEW COMMISSION

All Applicants and Awardees ..................................................  1149

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Public Hearing for Water Quality Certification
   23-WQC-0043
.  1171

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Official Handgun Roster  1171

Proposed Additions to Handgun Roster and Notice of Right
   to Object or Petition ..........................................................
 1171

 

General Notices

CHESAPEAKE BAY TRUST

Public Meeting .........................................................................  1174

MARYLAND DEPARTMENT OF HEALTH

Public Meeting .........................................................................  1174

MARYLAND DEPARTMENT OF HEALTH/BOARD OF
   DIETETIC PRACTICE

Public Meeting .  1174

MARYLAND DEPARTMENT OF HEALTH/PROTECTED
   HEALTH CARE COMMISSION

Public Meeting .  1174

MARYLAND DEPARTMENT OF HEALTH/STANDING
   ADVISORY COMMITTEE ON OPIOID-ASSOCIATED
   DISEASE PREVENTION AND OUTREACH PROGRAMS

Public Meeting .  1174

MARYLAND DEPARTMENT OF HEALTH/STATE
   ADVISORY COUNCIL ON HEALTH AND WELLNESS

Public Meeting .  1174

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  1174

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND
   VETERANS COMMISSION

Public Meeting .  1174

WORKERS’ COMPENSATION COMMISSION

Public Meeting .  1174

 

 

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
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

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.

 

 

RegCodificationSystem
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

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

Table of Pending Proposals

   The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata 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.

 

01 EXECUTIVE DEPARTMENT

 

01.02.08.02,.03,.09,.10 • 50:23 Md. R. 1006 (11-17-23)

 

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

05.03.09.01—.11 • 50:7 Md. R. 304 (4-7-23)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.01.03.11,.12 • 50:25 Md. R. 1092 (12-15-23)

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)

08.02.15.04,.05,.07 • 50:20 Md. R. 904 (10-6-23)

08.02.22.01,.03 • 50:24 Md. R. 1045 (12-1-23)

08.02.25.06 • 50:24 Md. R. 1045 (12-1-23)

08.07.08.08 • 50:18 Md. R. 809 (9-8-23)

08.18.18.03 • 50:26 Md. R. 1134 (12-29-23)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.08.01.18 • 50:25 Md. R. 1093 (12-15-23)

09.08.07.02 • 50:25 Md. R. 1093 (12-15-23)

09.10.02.43,.53 • 50:24 Md. R. 1046 (12-1-23)

09.11.09.02 • 50:26 Md. R. 1135 (12-29-23)

09.12.56.01—.05 • 50:23 Md. R. 1007 (11-17-23) (ibr)

09.13.05.03 • 50:26 Md. R. 1136 (12-29-23)

09.14.02.01,.02,.06-1,.06-2 • 50:25 Md. R. 1094 (12-15-23)

09.14.07.03,.05 • 50:25 Md. R. 1094 (12-15-23)

09.15.01.03 • 50:25 Md. R. 1094 (12-15-23)

09.15.02.07 • 50:22 Md. R. 985 (11-3-23)

09.16.01.08 • 50:25 Md. R. 1095 (12-15-23)

09.17.03.03 • 50:25 Md. R. 1096 (12-15-23)

09.18.01.03 • 50:25 Md. R. 1097 (12-15-23)

09.20.05.03 • 50:25 Md. R. 1098 (12-15-23)

09.21.04.03 • 50:26 Md. R. 1136 (12-29-23)

09.22.01.12 • 50:25 Md. R. 1099 (12-15-23)

09.22.01.13 • 50:3 Md. R. 92 (2-10-23)

09.23.04.03 • 50:26 Md. R. 1137 (12-29-23)

09.24.01.09 • 50:26 Md. R. 1138 (12-29-23)

09.28.03.03 • 50:26 Md. R. 1139 (12-29-23)

09.33.02.01—.09 • 50:25 Md. R. 1100 (12-15-23)

09.36.07.02 • 50:17 Md. R. 772 (8-25-23)

09.36.08.02 • 50:25 Md. R. 1101 (12-15-23)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitle 09 (2nd volume)

 

10.09.02.05,.07 • 50:24 Md. R. 1048 (12-1-23) (ibr)

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)

10.09.36.03-2 • 50:18 Md. R. 814 (9-8-23)

10.09.39.02,.06 • 50:24 Md. R. 1049 (12-1-23)

 

     Subtitles 23—36 (4th volume)

 

10.24.10.01 • 50:24 Md. R. 1050 (12-1-23) (ibr)

10.27.01.05 • 50:20 Md. R. 907 (10-6-23)

 

     Subtitles 37—52 (5th volume)

 

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)

10.44.01.01—.39 • 50:20 Md. R. 911 (10-6-23)

10.44.19.05—.12 • 50:24 Md. R. 1051 (12-1-23)

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)

 

10.53.08.05 • 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)

10.60.02.08,.09 • 50:25 Md. R. 1102 (12-15-23)

10.60.03.01—.05 • 50:25 Md. R. 1102 (12-15-23)

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)

10.67.04.20 • 50:24 Md. R. 1049 (12-1-23)

10.67.06.28 • 50:24 Md. R. 1049 (12-1-23)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 11—23 (MVA)

 

11.12.01.14 • 50:15 Md. R. 698 (7-28-23)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.02.20.01—.08 • 50:24 Md. R. 1052 (12-1-23)

12.03.03.01—.12 • 50:24 Md. R. 1052 (12-1-23)

12.12.20.01—.08 • 50:24 Md. R. 1052 (12-1-23)

 

13A STATE BOARD OF EDUCATION

 

13A.07.06.01—.15 • 50:14 Md. R. 621 (7-14-23) (ibr)

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.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.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.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)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.08.20.02—.13 • 50:4 Md. R. 158 (2-24-23)

 

14 INDEPENDENT AGENCIES

 

14.07.04.01,.03—.06 • 50:24 Md. R. 1057 (12-1-23)

14.22.01.02,.03,.07—.11 • 50:23 Md. R. 1008 (11-17-23)

14.26.02.01—.12 • 50:26 Md. R. 1140 (12-29-23)

14.26.03.01—.13 • 50:26 Md. R. 1142 (12-29-23)

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)

14.38.01.03 • 50:23 Md. R. 1011 (11-17-23)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.01.18.01—.03,.05,.07,.09 • 50:22 Md. R. 990 (11-3-23)

15.14.09.03 • 50:25 Md. R. 1103 (12-15-23)

 

20 PUBLIC SERVICE COMMISSION

 

20.63.01.01,.02 • 50:23 Md. R. 1012 (11-17-23)

20.63.03.01—.05 • 50:23 Md. R. 1012 (11-17-23)

20.63.04.01,.02 • 50:23 Md. R. 1012 (11-17-23)

20.63.05.01—.03 • 50:23 Md. R. 1012 (11-17-23)

20.63.07.01—.14 • 50:23 Md. R. 1012 (11-17-23)

20.63.11.01—.03 • 50:23 Md. R. 1012 (11-17-23)

20.63.12.01—.06 • 50:23 Md. R. 1012 (11-17-23)

20.63.13.01 • 50:23 Md. R. 1012 (11-17-23)

20.63.14.01—.04 • 50:23 Md. R. 1012 (11-17-23)

20.63.15.01—.05 • 50:23 Md. R. 1012 (11-17-23)

20.63.16.01—.04 • 50:23 Md. R. 1012 (11-17-23)

20.63.17.01—.03 • 50:23 Md. R. 1012 (11-17-23)

20.63.18.01—.03 • 50:23 Md. R. 1012 (11-17-23)

20.63.19.01—.05 • 50:23 Md. R. 1012 (11-17-23)

20.63.20.01—.03 • 50:23 Md. R. 1012 (11-17-23)

 

21 STATE PROCUREMENT REGULATIONS

 

21.11.11.07—.09 • 50:23 Md. R. 1023 (11-17-23)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.08.02.03-2 • 50:23 Md. R. 1023 (11-17-23)

26.11.40.02,.03 • 50:24 Md. R. 1059 (12-1-23)

 

     Subtitles 19—28 (Part 4)

 

26.28.01.01—.03 • 50:25 Md. R. 1104 (12-15-23) (ibr)

26.28.02.01—.05 • 50:25 Md. R. 1104 (12-15-23)

26.28.03.01,.02 • 50:25 Md. R. 1104 (12-15-23)

26.28.04.01—.03 • 50:25 Md. R. 1104 (12-15-23)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.01.02 • 50:24 Md. R. 1061 (12-1-23)

30.01.02.01 • 50:24 Md. R. 1064 (12-1-23) (ibr)

30.02.02.04,.06—.09 • 50:24 Md. R. 1061 (12-1-23)

30.03.06.04-1 • 50:23 Md. R. 1028 (11-17-23)

 

33 STATE BOARD OF ELECTIONS

 

33.07.07.01 • 50:26 Md. R. 1147 (12-29-23)

33.07.09.01—.04 • 50:26 Md. R. 1147 (12-29-23)

33.11.01.04 • 50:26 Md. R. 1148 (12-29-23)

33.11.03.02,.08 • 50:26 Md. R. 1147 (12-29-23)

33.11.03.06 • 50:23 Md. R. 1029 (11-17-23)

33.11.04.03 • 50:23 Md. R. 1029 (11-17-23)

33.11.05.04 • 50:26 Md. R. 1148 (12-29-23)

33.16.03.01 • 50:26 Md. R. 1147 (12-29-23)

33.16.06.04 • 50:23 Md. R. 1029 (11-17-23)

33.17.06.10 • 50:26 Md. R. 1147 (12-29-23)

 

35 DEPARTMENT OF VETERANS AFFAIRS

 

35.01.01.02 • 50:25 Md. R. 1115 (12-15-23)

35.03.01.03,.05,.09,.10 • 50:25 Md. R. 1115 (12-15-23)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.01.02 • 50:26 Md. R. 1149 (12-29-23)

36.03.02.06,.12—.14,.16,.17 • 50:26 Md. R. 1149 (12-29-23)

36.03.03.01,.05—.07,.10 • 50:26 Md. R. 1149 (12-29-23)

36.03.06.03 • 50:26 Md. R. 1149 (12-29-23)

36.03.08.02,.04 • 50:26 Md. R. 1149 (12-29-23)

36.03.10.16,.20,.21,.34 • 50:26 Md. R. 1149 (12-29-23)

36.03.11.05 • 50:26 Md. R. 1149 (12-29-23)

36.04.01.11 • 50:26 Md. R. 1149 (12-29-23)

36.04.02.01,.02 • 50:26 Md. R. 1149 (12-29-23)

36.07.02.12,.18 • 50:26 Md. R. 1149 (12-29-23)

36.10.01.02 • 50:26 Md. R. 1149 (12-29-23)

36.10.02.10,.14 • 50:26 Md. R. 1149 (12-29-23)

36.10.03.02,.04 • 50:26 Md. R. 1149 (12-29-23)

36.10.04.02—.06 • 50:26 Md. R. 1149 (12-29-23)

36.10.05.01,.02 • 50:26 Md. R. 1149 (12-29-23)

36.10.06.02—.07,.09,.11 • 50:26 Md. R. 1149 (12-29-23)

36.10.10.03 • 50:26 Md. R. 1149 (12-29-23)

36.10.13.20,34,.40,.41 • 50:26 Md. R. 1149 (12-29-23)

36.10.14.03,.06 • 50:26 Md. R. 1149 (12-29-23)

36.10.15.03,.04 • 50:26 Md. R. 1149 (12-29-23)

36.11.02.20 • 50:26 Md. R. 1149 (12-29-23)

 

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of this Court dated December 15, 2023, SHERON ANDREA BARTON (CPF# 0212170050), as of December 15, 2023, Sheron Andrea Barton’s name has been replaced on the register of attorneys permitted to practice law in the Supreme Court of Maryland. Notice of this action is given in accordance with Maryland Rule 19-761(b).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of this Court dated December 15, 2023, MIGUEL ALAN HULL (CPF# 9812160046), as of December 15, 2023, Miguel Alan Hull’s name has been replaced on the register of attorneys permitted to practice law in the Supreme Court of Maryland. Notice of this action is given in accordance with Maryland Rule 19-761(b).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of this Court dated December 15, 2023, STEVEN GENE BERRY (CPF# 8812150044), as of December 15, 2023, Steven Gene Berry’s name has been replaced on the register of attorneys permitted to practice law in the Supreme Court of Maryland. Notice of this action is given in accordance with Maryland Rule 19-761(b).

[23-26-14]

 

 

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 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

Notice of Emergency Action

[23-265-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to:

(1) Amendments to Regulation .02 under COMAR 36.03.01 General;

(2) Amendments to Regulations .06, .12—.14, .16, and .17 under COMAR 36.03.02 Investigation and Licensing;

(3) Regulations .01 and .05—.07 and adopt new Regulation .10 under COMAR 36.03.03 Video Lottery Operation License;

(4) Amendments to Regulation .03 under COMAR 36.03.06 Enforcement of Voluntary Exclusion Program;

(5) Amendments to Regulations .02 and .04 under COMAR 36.03.08 Collection of Taxes, Fees, and Penalties;

(6) Amendments to Regulations .16, .20, .21, and .34 under COMAR 36.03.10 Video Lottery Facility Minimum Internal Control Standards;

(7) Amendments to Regulation .05 under COMAR 36.03.11 Facility Standards;

(8) Amendments to Regulation .11 under COMAR 36.04.01 Video Lottery Technical Standards;

(9) Amendments to Regulation .01, the repeal of existing Regulation .02, and new Regulation .02 under COMAR 36.04.02 Video Lottery Terminal Machines;

(10) Amendments to Regulations .12 and .18 under COMAR 36.07.02 Application and Licensing;

(11) Amendments to Regulation .02 under COMAR 36.10.01 General;

(12) Amendments to Regulations .10 and .14 under COMAR 36.10.02 All Applicants and Licensees — Applications and Investigations;

(13) Amendments to Regulations .02 and .04 under COMAR 36.10.03 All Applicants and Licensees — Qualification Requirements;

(14) Amendments to Regulations .02—.06 under COMAR 36.10.04 Specific Requirements for Sports Wagering Facilities Licensees;

(15) Amendments to Regulations .01 and .02 under COMAR 36.10.05 Specific Requirements for Mobile Sports Wagering Licenses;

(16) Amendments to Regulations .02—.07, .09, and .11 under COMAR 36.10.06 Specific Requirements for Other Licenses Required for Sports Wagering;

(17) Amendments to Regulation .03 under COMAR 36.10.10 Enforcement of Voluntary Exclusion Program;

(18) Amendments to Regulations .20, .34, .40, and .41 under COMAR 36.10.13 Sports Wagering Licensee Minimum Internal Control Standards;

(19) Amendments to Regulations .03 and .06 under COMAR 36.10.14 Sports Wagering Requirements and Limitations;

(20) Amendments to Regulations .03 and .04 under COMAR 36.10.15 Sports Wagering Licensee Facility Standards; and

(21) New Regulation .20 under COMAR 36.11.02 All Applicants and Awardees.

Emergency status began: December 12, 2023.

Emergency status expires: June 9, 2024.

 

     Editor’s Note:  The text of this document will not be printed here because it appears as a Notice of Proposed Action on pages 1149—1177 of this issue, referenced as [23-265-P]. 

JOHN MARTIN
Director
Maryland Lottery and Gaming Control Agency

 

 

Final Action on Regulations

 

Symbol Key

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

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

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

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

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

 

 

Title 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 Final Action

[23-226-F]

On December 19, 2023, the Comptroller of the Treasury adopted new Regulations .01—.07 under a new chapter, COMAR 03.01.05 Private Letter Rulings. This action, which was proposed for adoption in 50:22 Md. R. 979—982 (November 3, 2023), has been adopted as proposed.

Effective Date: January 8, 2024.

BROOKE E. LIERMAN
Comptroller of the Treasury

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 24 BOARD OF PUBLIC ACCOUNTANCY

09.24.05 Examinations

Authority: Business Occupations and Professions Article, §§2-207, 2-303,
2-305, and 2-307, Annotated Code of Maryland

Notice of Final Action

[23-058-F]

On December 5, 2023, the Maryland Board of Certified Public Accountants adopted amendments to Regulation .03 under COMAR 09.24.05 Examinations. This action, which was proposed for adoption in 50:21 Md. R. 956 (October 20, 2023), has been adopted as proposed.

Effective Date: January 8, 2024.

CHRISTOPHER DORSEY
Executive Director

 

Subtitle 24 BOARD OF PUBLIC ACCOUNTANCY

09.24.05 Examinations

Authority: Business Occupations and Professions Article, §§2-207, 2-303,
2-305, and 2-307, Annotated Code of Maryland

Notice of Final Action

[23-215-F]

On December 5, 2023, the Maryland Board of Certified Public Accountants adopted amendments to Regulation .05 under COMAR 09.24.05 Examinations. This action, which was proposed for adoption in 50:21 Md. R. 957 (October 20, 2023), has been adopted as proposed.

Effective Date: January 8, 2024.

CHRISTOPHER DORSEY
Executive Director

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS

Notice of Final Action

[23-222-F]

On December 13, 2023, the Secretary of Health adopted amendments to:

(1) Regulation .03 under COMAR 10.29.02 Examination;

(2) Regulation .03 under COMAR 10.29.03 Inspection of Funeral Establishments; and

(3) Regulation .03 under COMAR 10.29.04 Fee Schedule.

This action, which was proposed for adoption in 50:20 Md. R. 907—908 (October 6, 2023), has been adopted as proposed.

Effective Date: January 8, 2024.

LAURA HERRERA SCOTT
Secretary of Health

 

Subtitle 34 BOARD OF PHARMACY

10.34.34 Pharmacy Technicians

Authority: Health Occupations Article, §§12-101, 12-205, and 12-6B-01—
12-6B-14, Annotated Code of Maryland

Notice of Final Action

[23-110-F]

On November 17, 2023, the Secretary of Health adopted amendments to Regulations .02 and .03, new Regulation .04, and the recodification of existing Regulations .04—.11 to be Regulations .05—.12 under COMAR 10.34.34 Pharmacy Technicians. This action, which was proposed for adoption in 50:13 Md. R. 533—534 (June 30, 2023), has been adopted with the nonsubstantive changes shown below.

Effective Date: January 28, 2024.

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 .04A(2): To clarify that a product verification certificate does not need to be issued by a program that includes a renewal cycle, the Maryland Department of Health (the Department) removes the term “active.”

.04 Validated Pharmacy Technician.

A. Validated Pharmacy Technician – Minimum Requirements.

(1) (proposed text unchanged)

(2) Training. In addition to the requirements for pharmacy technician registration, to act as a validated pharmacy technician, an individual shall possess [[an active]] a product verification certificate issued by a Board-approved national pharmacy technician certification program.

B.–­–D. (proposed text unchanged)

LAURA HERRERA SCOTT
Secretary of Health

 

Subtitle 43 BOARD OF CHIROPRACTIC EXAMINERS

10.43.10 Continuing Education Requirements

Authority: Health Occupations Article, §§3-308 and 3-313, Annotated Code of Maryland

Notice of Final Action

[23-220-F]

On December 13, 2023, the Secretary of Health adopted amendments to Regulations .01—.05 and new Regulation .06 under COMAR 10.43.10 Continuing Education Requirements. This action, which was proposed for adoption in 50:20 Md. R. 910—911 (October 6, 2023), has been adopted as proposed.

Effective Date: January 8, 2024.

LAURA HERRERA SCOTT
Secretary of Health

 

Title 22
STATE RETIREMENT AND PENSION SYSTEM

Notice of Final Action

[23-198-F]

On November 21, 2023, the Board of Trustees for the State Retirement and Pension System adopted amendments to:

(1) Regulation .02 under COMAR 22.01.14 Applications for Service Retirement;

(2) Regulation .02 under COMAR 22.07.01 General Provisions; and

(3) Regulation .01 under COMAR 22.07.02 Code Compliance.

This action, which was proposed for adoption in 50:20 Md. R. 936—937 (October 6, 2023), has been adopted as proposed.

Effective Date: January 8, 2024.

MARTIN NOVEN
Executive Director

 

Title 33
STATE BOARD OF ELECTIONS

Subtitle 01 DEFINITIONS; GENERAL PROVISIONS

33.01.05 Administrative Complaint Procedure

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 3-602, and 11-305, Annotated Code of Maryland; 42 U.S.C. §15512(a)

Notice of Final Action

[23-165-F]

On December 14, 2023, the State Board of Elections adopted amendments to Regulation .06 under COMAR 33.01.05 Administrative Complaint Procedure. This action, which was proposed for adoption in 50:17 Md. R. 779 (August 25, 2023), has been adopted as proposed.

Effective Date: January 8, 2024.

JARED DeMARINIS
State Administrator of Elections

 

Notice of Final Action

[23-166-F]

On December 14, 2023, the State Board of Elections adopted amendments to:

(1) Regulation .01 under COMAR 33.16.02 Provisional Voting Documents and Supplies; and 

(2) Regulation .02 under COMAR 33.21.03 Issuance and Return.

This action, which was proposed for adoption in 50:17 Md. R. 779 (August 25, 2023), has been adopted as proposed.

Effective Date: January 8, 2024.

JARED DeMARINIS
State Administrator of Elections

 

Title 35
MARYLAND DEPARTMENT OF VETERANS AFFAIRS

Subtitle 06 MARYLAND VETERANS SERVICE ANIMAL PROGRAM

35.06.01 General Regulations

Authority: State Government Article §9-957, Annotated Code of Maryland

Notice of Final Action

[23-233-F]

On December 19, 2023, the Secretary of Veterans Affairs adopted amendments to Regulation .02 under COMAR 35.06.01 General Regulations. This action, which was proposed for adoption in 50:22 Md. R. 991—992 (November 3, 2023), has been adopted as proposed.

Effective Date: January 8, 2024.

PETER PANTZER
Chief of Staff

 

Proposed Action on Regulations

 


Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 18 BOATING—SPEED LIMITS AND OPERATION OF VESSELS

08.18.18 Ocean City—Back Bay Areas

Authority: Natural Resources Article, §§8-703 and 8-704, Annotated Code of Maryland

Notice of Proposed Action

[23-286-P]

The Secretary of Natural Resources proposes to amend Regulation .03 under COMAR 08.18.18 Ocean City—Back Bay Areas.

Statement of Purpose

The purpose of this action is to expand the existing speed zone area south within Sinepuxent Bay to Channel Buoy 3. The current Isle of Wight Bay regulated area has a 6-knot speed limit effective at all times during the boating season. However, due to unsafe vessel activities and demonstrated safety concerns to both life and property, the Department is proposing to expand the current regulated area. This expansion of the current regulated area will mitigate demonstrated safety concerns to both life and property and promote safe vessel operations. The expanded area will have a 6-knot speed limit zone effective at all times during the boating season, consistent with the rule in the current Isle of Wight Bay speed zone.

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 Worcester County — Sinepuxent Bay Regulations, Regulatory Staff, Department of Natural Resources, Fishing and Boating Services, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to boatingregspubliccomment.dnr@maryland.gov. Comments will be accepted through January 29, 2024. A public hearing has not been scheduled.

.03 Isle of Wight Bay

A. Area. Isle of Wight Bay encompasses the area enclosed by a line beginning at the Oceanic Fishing Pier, at or near Lat. 38° 19.572'N., Long. 75° 5.473' W., then running 230° [(True)] True to the north end of Assateague Island, at or near Lat. 38° 19.445'N., Long. 75° 5.668' W., then running westerly along the shore to the west end of a jetty, at or near Lat. 38° 19.550'N., Long. 75° 5.827' W., then running [ 286° (True)] southerly along the shore to a point on the shore at or near Lat. 38° 19.210'N, Long. 75° 6.079'W, then running 128° True to a point on the shore, at or near Lat. 38° 19.345'N, Long. 75° 6.297'W, then running northerly along the shore to a point on the shore, at or near Lat. 38° 19.610'N., Long. 75° 6.097'W., then running easterly and northerly along the shore to the west end of the U.S. Route 50 bridge, at or near Lat. 38° 20.050'N., Long. 75° 5.810'W., then running 111° [(True)] True to a point, at or near Lat. 38° 19.977'N., Long. 75° 5.573' W., then running 18° [(True)] True to a point, at or near Lat. 38° 20.137'N., Long. 75° 5.507' W., then running 108° [(True)] True to Second Street, at or near Lat. 38° 20.088'N., Long. 75° 5.322' W., then running southerly following the shoreline to the point of beginning, including all tributaries. [This area has a 6-knot speed limit, during the boating season.]

B. The speed limit for the area described in §A of this regulation is 6 knots at all times during the boating season.

JOSH KURTZ
Secretary of Natural Resources

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 11 REAL ESTATE COMMISSION

09.11.09 Fees

Authority: Business Occupations and Professions Article, §17-213; Business Regulation Article, §2-106.4; Annotated Code of Maryland

Notice of Proposed Action

[23-283-P]

The Maryland Real Estate Commission proposes to amend Regulation .02 under COMAR 09.11.09 Fees. This action was considered at public meeting of the Maryland Real Estate Commission held on July 19, 2023, notice of which was provided by posting on the Maryland Real Estate Commission website pursuant to General Provisions Article, §3-302 (c)(3), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend the fees charged by the Maryland Real Estate Commission.

Estimate of Economic Impact

I. Summary of Economic Impact. Real estate licensees will pay costs that are still less than those they had in 2015 prior to the decrease in fees.

II. Types of Economic Impact.

Impacted Entity

Revenue

(R+/R-)

Expenditure

(E+/E-)

Magnitude

A. On issuing agency:

 

 

Maryland Department of Labor

(R+)

Modest

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Maryland realtors

(-)

Minimal

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

(-)

Minimal

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

A. In 2015, MREC’s fees were cut roughly 18 percent . Over the past 8 years, fees for Maryland Real Estate Licensees have not been increased despite significant increases in inflation. Inflation since 2015 when the fees were cut has increased 23.9 percent (CPI). Complaints against licensees over that period have increased 32 percent, and complaint processing is the largest resource draw on the Commission in both terms of staff and legal costs. The percent of staff time devoted to complaints is over 70 percent. The Commission is also currently working with a 29-year-old licensing system. The move to a modern licensing system to support today’s customer demands and upgrade staff processing is also required in the very near future. Other more mundane costs such as rent are also significant draws on the MREC budget and will increase appreciably within the next year.

D. The increase will impact each of Maryland Realtors’ members to some degree. Real estate licensees will pay costs that are still less than those they had in 2015 prior to the decrease in fees. The Department and Administration may face some opposition from individual licensees.

F. To the extent that licensees seek to pass on the cost of the fee increase to consumers, a nominal increase in costs for those buying or selling a house is conceivable. But in the context of a real estate transaction, such costs would most likely be quite small.

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 Raquel M. Meyers, Interim Executive Director, Maryland Department of Labor, Maryland Real Estate Commission, 1100 N. Eutaw Street, 3rd Floor, Baltimore, MD 21201, or call 410-230-6227, or email to raquel.meyers@maryland.gov. Comments will be accepted through January 29, 2024. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Maryland Real Estate Commission during a virtual public meeting to be held on February 21, 2024, at 10:30 a.m. To access the meeting using video conferencing go to meet.google.com/mve-nbse-fgv. To access the meeting by phone, dial (‪US)‪+1 515-329-5263, PIN: ‪461 304 044#.

.02 Schedule of Fees.

Fees charged by the Commission are as follows:

A. Original license fees:

(1) Broker — [$190] $213;

(2) Associate broker — [$130] $146;

(3) Salesperson — [$90] $101;

B. License renewal fees:

(1) Broker — [$170] $191;

(2) Associate broker — [$110] $123;

(3) Salesperson — [$70] $78;

C. Reactivation of inactive license — [$25] $28;

D. Reinstatement of license/late fee — [$150] $168;

E. Broker business name change, for broker and each license under broker — [$25] $28;

F. Personal name change — [$25] $28;

G. Transfer to another broker — [$25] $28;

H. Certificate of license history:

(1) For 5-year history — [$25] $28;

(2) For full history — [$75] $84.

DONNA HORGAN
Chair
Maryland Real Estate Commission

 

Subtitle 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

09.13.05 Fees

Authority: Business Occupations and Professions Article, §§15-205 and
15-208, Annotated Code of Maryland

Notice of Proposed Action

[23-293-P]

The Board for Professional Land Surveyors proposes to amend Regulation .03 under COMAR 09.13.05 Fees. This action was considered by the Board for Professional Land Surveyors on November 1, 2023.

Statement of Purpose

The purpose of this action is to manage the rising operation costs of the Professional Design Boards unit and improve services for licensees and constituents.

Estimate of Economic Impact

I. Summary of Economic Impact. The amendments will increase fees on licensees approximately $2—$12 per year.

II. Types of Economic Impact.

Impacted Entity

Revenue

(R+/R-)

Expenditure

(E+/E-)

Magnitude

A. On issuing agency:

 

 

Board for Professional Land Surveyors

(R+)

Moderate

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Professional land surveyors

(-)

Minor

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

NONE

 

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

A. Application and renewal rates will remain constant or increase slightly.

D. Licensees will continue to renew their licenses.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Zevi Thomas, Executive Director, Department of Labor, Professional Design Boards and Board of Pilots, Division of Occupational and Professional Licensing, Maryland Department of Labor, 1100 N. Eutaw Street, 5th Floor, Baltimore, MD 21201, or call 410-230-6262, or email to zevi.thomas@maryland.gov. Comments will be accepted through January 29, 2024. A public hearing has not been scheduled.

.03 Fees and Costs.

A. The Secretary and the design boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the design boards. Based on these calculations, the Board sets the following fees:

(1) License fee — [$76.50] $86;

(2) Permit fee — [$100] $112;

(3) Nonrefundable initial application fee payable in connection with:

(a) An application for permit — [$35] $39;

(b) An application for license [by reciprocity — $50] $56;

(4) Reinstatement fee — [$100] $112;

(5) Verification fee — [$20] $22;

(6) Replacement license certificate fee — [$35] $39.

B. An applicant for the appropriate licensing examination shall pay [the following] examination fees directly to the Board or its designee, as these fees are established by the National Council of Examiners of Engineers and Surveyors[:].

[(1) Fundamentals of Land Surveying — $225;

(2) Principles and Practice — $250.]

C. An applicant shall pay [$35] $39 to the Board or its designee in connection with the Maryland Law and Ethics Issues portion of the examination.

D. An applicant shall pay [$35] $39 to the Board or its designee in connection with the Maryland Storm Drain and Road Grade portion of the examination.

E.—F. (text unchanged)

JOHN METTEE III, P.L.S.
Chair
Board for Professional Land Surveyors

 

Subtitle 21 BOARD OF ARCHITECTS

09.21.04 Fees

Authority: Business Occupations and Professions Article, §3-208(a)(1), Annotated Code of Maryland

Notice of Proposed Action

[23-290-P]

The Maryland State Board of Architects proposes to amend Regulation .03 under COMAR 09.21.04 Fees. This action was considered by the Board of Architects on October 25, 2023.

Statement of Purpose

The purpose of this action is to increase fees in order to manage the rising operation cost of the Professional Design Boards unit and improve services for licensees and constituents.

Estimate of Economic Impact

I. Summary of Economic Impact. The fee increases will result in modest operating expense increases for regulated persons, which may be passed on to consumers via higher prices. The fee increases will impact the Board of Architects by increasing its operating budget, which should help maintain the quality of customer service.


II. Types of Economic Impact.

Impacted Entity

Revenue

(R+/R-)

Expenditure

(E+/E-)

Magnitude

A. On issuing agency:

 

 

Board of Architects

(R+)

Moderate

B. On other State agencies:

NONE

 

 

 

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Architects

(-)

Minor

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

NONE

 

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

A. License renewal and application rates will remain constant or increase.

D. Licensees will continue to renew their licenses.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Zevi Thomas, Executive Director, Department of Labor, Professional Design Boards and Board of Pilots, Division of Occupational and Professional Licensing, Maryland Department of Labor, 1100 N. Eutaw Street, 5th Floor, Baltimore, MD 21201, or call 410-230-6262, or email to zevi.thomas@maryland.gov. Comments will be accepted through January 29, 2024. A public hearing has not been scheduled.

.03 Fees and Costs.

A. The Secretary and the design boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the design boards. Based on these calculations, the Board sets the following fees:

(1) License fee — [$76.50] $86;

(2) Permit fee — [$100] $112;

(3) Nonrefundable initial application fee payable in connection with:

(a) An application for permit — [$35] $39;

(b) An application for license by reciprocity — [$50] $56;

(4) Reinstatement fee — [$100] $112.

B. Retired Status. The Board sets the fee for a retired status license at [$50] $56.

C. (text unchanged)

D. Effective October 1, 2009, an applicant shall pay directly to NCARB or its designee a security and development fee [of $40] per each section of the ARE, as such fee is established by NCARB.

PAUL D. EDMEADES, R.A.
Chair
Maryland Board of Architects

 

 

Subtitle 23 BOARD FOR PROFESSIONAL ENGINEERS

09.23.04 Fees

Authority: Business Occupations and Professions Article, §§14-205 and
14-208; State Government Article, §10-204; Annotated Code of Maryland

Notice of Proposed Action

[23-291-P]

The Board for Professional Engineers proposes to amend Regulation .03 under COMAR 09.23.04 Fees. This action was considered by the Board for Professional Engineers on November 9, 2023.

Statement of Purpose

The purpose of this action is to increase revenue to offset rising operational costs.

Estimate of Economic Impact

I. Summary of Economic Impact. The amendments will increase fees on licensees by approximately $2—$12 per year, while establishing a permit fee for engineering firms at $112.

II. Types of Economic Impact.

Impacted Entity

Revenue

(R+/R-)

Expenditure

(E+/E-)

Magnitude

A. On issuing agency:

 

 

Board for Professional Engineers

(R+)

Moderate

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Professional engineers

(-)

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.)

A. Application and renewal rates will remain constant or increase slightly.

D. Licensees will continue to renew their licenses, and engineering firms will be required to pay for a permit to operate.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Zevi Thomas, Executive Director, Department of Labor, Professional Design Boards and Board of Pilots, Division of Occupational and Professional Licensing, Maryland Department of Labor, 1100 N. Eutaw Street, 5th Floor, Baltimore, MD 21201, or call 410-230-6262, or email to zevi.thomas@maryland.gov. Comments will be accepted through January 29, 2024. A public hearing has not been scheduled.

.03 Fees and Costs.

A. The Secretary and the design boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the design boards. Based on these calculations, the Board sets the following fees:

(1) License fee — [$76.50] $86;

(2) Permit fee — $112;

[(2)] (3) Engineer-in-training certification fee — [$15] $17;

[(3)] (4) Nonrefundable initial application fee payable in connection with:

(a) An application for license — [$50] $56;

(b) An application for license by reciprocity — [$50] $56;

[(4)] (5) Reinstatement fee — [$100] $112;

[(5)] (6) Retired Status License fee — [$50] $56;

[(6)] (7) Reactivation fee — [$168] $112;

[(7)] (8) Verification fee — [$20] $22;

[(8)] (9) Replacement license certificate fee — [$35] $39.

B.—D. (text unchanged)

SALLYE PERRIN, P.E.
Chair
Board for Professional Engineers

 

Subtitle 24 BOARD OF PUBLIC ACCOUNTANCY

09.24.01 General Regulations

Authority: Business Occupations and Professions Article, §§2-102, 2-207,
2-209, 2-304—2-307, 2-309, 2-311, 2-313, 2-315, 2-410, and 2-416, Annotated Code of Maryland

Notice of Proposed Action

[23-287-P]

The Maryland Board of Public Accountancy proposes to amend Regulation .09 under COMAR 09.24.01 General Regulations. This action was considered at a public meeting of the Maryland Board of Public Accountancy held on September 12, 2023, notice of which was provided by posting on the Maryland Board of Public Accountancy website.

Statement of Purpose

The purpose of this action is to increase fees charged by the Maryland Board of Public Accountancy, including all fee amounts for licensees by 12.5 percent (except the original examination application fee) and a new $25 fee for verifications.

Estimate of Economic Impact

I. Summary of Economic Impact. There has been no increase on fees since 2016.

 

II. Types of Economic Impact.

Impacted Entity

Revenue

(R+/R-)

Expenditure

(E+/E-)

Magnitude

A. On issuing agency:

 

 

Maryland Department of Labor

(R+)

Moderate

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Maryland CPAs

(-)

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.)

A. A fee increase can have a positive impact. With the fund balance steadily decreasing each year, it is important to reverse that trend. A fee increase will allow the agency to maintain the same number of staff and continue to commit to the same level of customer service that it prides itself on. Also, it will allow staff to continue to receive annual pay increases to cover the cost of living adjustments that are a result of inflation.

It will allow Board members to still have their expenses covered. It is important to maintain a good relationship with Board members, who are our representatives of the industry in the business community. It will allow Maryland to keep up with neighboring jurisdictions such as Pennsylvania, Delaware, Virginia, and the District of Columbia who already have higher licensing fees.

D. This will have a minimal economic impact on Maryland CPAs. For example, the renewal fee will increase from $56 to $63.

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 Christopher Dorsey, Executive Director, Maryland Department of Labor, 1100 N. Eutaw Street, 5th Floor, Baltimore, MD 21201, or call 410-230-6318, or email to christopher.dorsey@maryland.gov. Comments will be accepted through January 29, 2024. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Maryland Board of Public Accountancy during a virtual public meeting to be held on March 5, 2024, at 9 a.m. The meeting can be accessed at https://meet.google.com/yai-nvov-tdm.

.09 Fees.

A. (text unchanged)

B. Other fees to be charged by the Board are as follows:

(1) (text unchanged)

(2) Application for reciprocity — [$67] $75;

(3) License fee — [$22] $24;

(4) Renewal fee — [$56] $63;

(5) Application for inactive status — [$28] $31;

(6) Renewal for inactive status — [$28] $31;

(7) Reinstatement for inactive status — [$56] $63;

(8) Reactivation from inactive status — [$56] $63;

(9) Reinstatement of expired license — [$112] $126;

(10) Firm application fee — [$67] $75;

(11) Firm permit fee — [$67] $75;

(12) Firm renewal fee — [$135] $151;

(13) Firm reinstatement fee — [$270] $303;

(14) Transfer of grades application — [$67] $75;

(15) Duplicate license certificate — [$50.] $56;

(16) Verification fee (letter of good standing) — $25.

JAN WILLIAMS
Chair
Maryland Board of Public Accountancy

 

Subtitle 28 BOARD OF EXAMINERS OF LANDSCAPE ARCHITECTS

09.28.03 Fees

Authority: Business Occupations and Professions Article, §§9-206(a),
9-207(a), and 9-304(2), Annotated Code of Maryland

Notice of Proposed Action

[23-289-P]

The Board of Examiners of Landscape Architects proposes to amend Regulation .03 under COMAR 09.28.03 Fees. This action was considered by the Board of Examiners of Landscape Architects on November 13, 2023.

Statement of Purpose

The purpose of this action is to increase licensing fees in order to manage the rising operation costs of the Professional Design Boards unit and improve services for licensees and constituents.

Estimate of Economic Impact

I. Summary of Economic Impact. The fee increases will result in modest operating expense increases for regulated persons, which may be passed on to consumers via higher prices. The fee increases will impact the Board of Examiners of Landscape Architects by increasing its operating budget, which should help maintain the quality of customer service.

II. Types of Economic Impact.

Impacted Entity

Revenue

(R+/R-)

Expenditure

(E+/E-)

Magnitude

A. On issuing agency:

 

 

Board of Examiners of Landscape Architects

(R+)

Moderate

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Landscape architects

(-)

Minor

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

NONE

 

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

A. License renewal and application rates will remain constant or increase.

D. Applicants and licensees will pay higher regulatory fees.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Zevi Thomas, Executive Director, Board of Examiners of Landscape Architects, Professional Design Boards and Board of Pilots, Division of Occupational and Professional Licensing, Maryland Department of Labor, 1100 N. Eutaw Street, 5th Floor, Baltimore, MD 21201, or call 410-230-6262, or email to zevi.thomas@maryland.gov. Comments will be accepted through January 29, 2024. A public hearing has not been scheduled.

.03 Fees and Costs.

A. The Secretary and the design boards have agreed to average their direct and indirect costs, based on the calculation of costs performed by the Secretary in consultation with the design boards. Based on these calculations, the Board sets the following fees:

(1) License fee — [$76.50] $86;

(2) Permit fee — [$100] $112;

(3) Nonrefundable initial application fee payable in connection with:

(a) An application for permit — [$35] $39;

(b) An application for license by reciprocity — [$50] $56;

(4) Reinstatement fee — [$100] $112.

B. (text unchanged)

C. An applicant for the licensing examination shall pay [the following] examination fees directly to the Council of Landscape Architectural Registration Boards (CLARB) as these fees are established by CLARB[:].

[(1) Section 1:Project and Construction Administration — $325;

(2) Section 2:Inventory and Analysis — $325;

(3) Section 3:Design — $500;

(4) Section 4:Grading, Drainage, and Construction Documentation — $500.]

CHRISTOPHER SCHEIN, P.L.A.
Chair
Board of Examiners of Landscape Architects

 

Title 14
INDEPENDENT AGENCIES

Subtitle 26 MARYLAND ENERGY ADMINISTRATION

14.26.02 Maryland Strategic Energy Investment Program

Authority: State Government Article, §§9-20B-01—9-20B-12, Annotated Code of Maryland

Notice of Proposed Action

[23-252-P]

The Maryland Energy Administration proposes to repeal existing Regulations .01—.10 under existing COMAR 14.26.02 Green Building Tax Credit Program and adopt new Regulations .01—.12 under new COMAR 14.26.02 Maryland Strategic Energy Investment Program.

Statement of Purpose

The purpose of this action is to establish procedures for the administration of a grant under the Strategic Energy Investment Program, established under State Government Article, §9-20B-02, Annotated Code of Maryland, and utilizing funds appropriated from the Strategic Energy Investment Fund under State Government Article, §9-20B-05, Annotated Code of Maryland, where no other law or regulation controls.

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 Landon Fahrig, Asst. Div. Dir. of Policy, Maryland Energy Administration, 1800 Washington Blvd., Suite 755, Baltimore, MD 21230, or call 410-537-4000, or email to SEIFComments.MEA@Maryland.gov. Comments will be accepted through January 29, 2024. A public hearing has not been scheduled.

.01 Scope.

These regulations establish procedures for the administration of a grant under the Strategic Energy Investment Program, established under State Government Article, §9-20B-02, Annotated Code of Maryland, and utilizing funds appropriated from the Strategic Energy Investment Fund under State Government Article, §9-20B-05, Annotated Code of Maryland, where no other law or regulation controls.

.02 Definitions.

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

B. Terms Defined.

(1) “Administration” means the Maryland Energy Administration.

(2) “Applicant” means a person or entity that applies for a grant from the Administration.

(3) “Application” means a request to receive a grant from the Administration.


(4) “Competitive funding opportunity” means a funding opportunity for which the Administration considers all complete applications submitted and selects those applications that best meet the criteria in the relevant FOA as determined by the Administration.

(5) “Complete application” means a timely application that includes all the information required by the FOA.

(6) “Evaluation criteria” means factors identified in the FOA that the Administration uses to determine which applications submitted in response to a FOA best meet the Administration’s specified purpose.

(7) “Fund availability” means the presence of monies that the Administration is authorized to expend for a particular purpose, such as the discretionary offering of grants.

(8) “Funding opportunity announcement” or “FOA” means a notice to the public of a grant funding opportunity available for a specific period and purpose that includes the conditions, criteria, and guidelines developed by the Administration.

(9) Grant.

(a) “Grant” means the bestowing of a power, money, privilege, property, or other item of value that may be conditional, although without other consideration, by the Administration upon another party.

(b) Grant includes a rebate, technical assistance, and the provision of a portion or all a grantee’s matching or cost sharing for a federal grant.

(10) “Grant agreement” means a written agreement between the Administration and a grantee with respect to a grant.

(11) “Noncompetitive funding opportunity” means a funding opportunity for which the Administration considers complete applications on a first-come, first-served basis.

(12) Person.

(a) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity.

(b) “Person” includes a not-for-profit corporation, partnership, business trust, statutory trust, limited liability company, firm, or association that is in good standing with the State.

(13) Project.

(a) “Project” means an activity or undertaking that is consistent with the requirements of a FOA.

(b) “Project” includes all activities and requirements specified in the FOA or grant agreement.

(14) “Rebate” is a noncompetitive funding opportunity for a project that is complete at the time the application is submitted to the Administration.

(15) “State” means the State of Maryland.

(16) State Agency.

(a) “State agency” means any administration, agency, association, authority, board, bureau, college, commission, committee, council, foundation, fund, department, institute, institution, public corporation, service, trust, university, or other unit of the Executive Branch of the State government and includes any subunit within any of these units.

(b) “State agency” does not include a bicounty or multicounty government agency or political subdivision of the State, including a county, municipality, special tax district, sanitary district, drainage district, soil conservation district, water supply district, or any entity organized under the general corporation laws of the State.

(17) “Strategic Energy Investment Fund” or “SEIF” has the meaning stated in State Government Article, §9-20B-05, Annotated Code of Maryland.

(18) “Strategic Energy Investment Program” means the program established and described in State Government Article, Title 9, Subtitle 20B, Annotated Code of Maryland.

.03 Authority of Administration.

The Administration may:

A. Develop a FOA;

B. Establish an application process, requirements, and criteria for each FOA;

C. Receive and evaluate a grant application;

D. Offer a grant;

E. Receive and evaluate requests for cost sharing or matching to be used in a proposal for a federal grant;

F. Offer a grant for all or a portion of a grantee’s cost sharing or matching for a federal grant;

G. Terminate a grant; or

H. Require repayment of a grant for noncompliance.

.04 Funding Opportunity Announcement.

A. The Administration shall publish on its website a FOA for each grant offered by the Administration.

B. Each initial FOA shall include an application period of at least 30 calendar days.

C. Each FOA shall explain each of the following when applicable:

(1) Name and purpose;

(2) Duration and schedule;

(3) Requirements;

(4) Deadlines;

(5) Anticipated funding amount at the time the FOA is published;

(6) Designation as a competitive or a noncompetitive grant;

(7) Evaluation criteria;

(8) Method for determining a grant amount under the FOA and whether an amount other than the requested amount may be offered;

(9) The required form and manner in which to submit a complete application;

(10) Limitations on the offer of a grant, including the amount for an individual grant or the number of grants an applicant may receive;

(11) Evaluation process; and

(12) Other information the Administration determines is appropriate.

D. The Administration may modify a FOA by publishing a notice of the modified provision on its website no less than 10 business days prior to the application deadline and effective date of the modified provision.

.05 Funding Opportunity Application and Review.

A. The Administration shall review each complete application received using any method described in the FOA.

B. After review of a complete application, the Administration may take any of the following actions:

(1) Offer a grant;

(2) Offer a partial grant;

(3) Hold the application for further consideration during the same fiscal year;

(4) Hold the application for further consideration in a succeeding fiscal year; or

(5) Reject the application.

C. The Administration may reject an application if:

(1) The application is not a complete application;

(2) The application is inconsistent with law;

(3) For a competitive funding opportunity, the Administration has not selected the application for a grant;

(4) The Administration determines that sufficient funding is not available; or

(5) The Director of the Administration determines that offering a grant is not in the best interest of the State.

D. The Administration shall provide written notice of the action taken under §B of this regulation within 30 days, and, if the application is rejected, the basis for the action taken under §C of this regulation.

E. For reconsideration of an action by the Administration under §B or C of this regulation, the applicant shall submit a written request to the Administration within 14 business days of receiving the written notice under §D of this regulation.

F. The written decision by the Director, or the Director’s designee, on the request for reconsideration shall be the final decision of the Administration.

.06 Grant Evaluation.

The Administration may offer a grant for the value it determines is appropriate after considering any requirements and evaluation criteria specified in the FOA, fund availability, or any other factor the Administration determines appropriate.

.07 Grant to Provide a Cost Sharing or Matching for a Federal Grant.

A. The Administration may offer an applicant all or part of the applicant’s cost sharing or matching for a federal grant if:

(1) The project is within the scope of this chapter as specified in Regulation .01;

(2) The project directly benefits the State; and

(3) The applicant complies with all the requirements for the federal grant.

B. The Administration shall cancel a grant offer made pursuant to §A of this regulation if the applicant does not receive the federal grant.

C. The Administration may offer a grant to an applicant that submits an unsolicited request for cost sharing or matching for a federal grant consistent with this regulation.

.08 Grant Agreements.

A. To be eligible to receive a grant from the Administration, the applicant shall execute a grant agreement provided by the Administration prior to any distribution of funds.

B. A grant agreement shall, if applicable:

(1) Identify each party and any authorized representative;

(2) Describe the project;

(3) Specify the value of the grant;

(4) Specify terms of the grant agreement;

(5) Set forth each requirement for receiving a grant, including any reporting, invoicing, or project compliance verification requirements;

(6) Specify each condition under which noncompliance may require repayment of a grant;

(7) Require certification of the applicant’s good standing with the State;

(8) Provide the Administration or its designee the right to access the project site for verification or any other relevant purpose;

(9) Provide the right of the Administration to utilize project information for any relevant purpose; and

(10) Include any other applicable provision required in a State financial agreement.

C. A grant agreement may contain any additional provision deemed appropriate by the Administration.

D. For a rebate, a grant application that meets the requirements set forth in §B of this regulation may serve as the grant agreement.

.09 Applicant Responsibilities.

A. An applicant shall timely provide any information concerning an application, request, or proposal as requested by the Administration.

B. A person that provides a statement or report in any document required to be furnished to the Administration by any agreement relating to a grant, loan, or other financial assistance is subject to the provisions of State Government Article, §9–20B–11, Annotated Code of Maryland.

.10 Inter-Agency Agreements.

A. A State agency other than the Administration may submit a funding request to the Administration for a project, activity, or investment designed to advance a purpose of the Strategic Energy Investment Program and intended for implementation in a subsequent fiscal year.

B. To request funding from the SEIF, a State agency shall submit a written proposal to the Administration, including the following:

(1) A description of the project, activity, or investment;

(2) The requested amount of funding in the relevant fiscal year to implement the project, activity, or investment;

(3) A description of how the proposed project, activity, or investment is consistent with the Strategic Energy Investment Program and will further State policy goals;

(4) A description of anticipated impacts, how they advance the State’s policy goals, and how the impacts are measured and verified;

(5) An implementation timeline for the project, activity, or investment; and

(6) Any other information the Administration requests for the purpose of evaluating the proposal.

C. In response to such a request from a State agency, the Administration may:

(1) Review the funding request to determine whether it is consistent with the Strategic Energy Investment Program, the requirements of any existing FOA, or State policy;

(2) Consider the funding request in the context of any existing or anticipated FOA, fund availability, forecasted revenue, and fund balances; or

(3) Make recommendations for inclusion of the funding request in the State’s operating budget for a new energy-related project, activity, or investment found to be consistent with State Government Article, Title 9, Subtitle 20B, Annotated Code of Maryland, as well as broader State policy goals.

D. Each State agency that receives funding from the SEIF under this regulation shall:

(1) Utilize funding from the SEIF in a manner consistent with a memorandum of understanding executed between the State agency and the Administration; and

(2) Comply with all reporting requirements as determined by the Administration.

.11 Unavailability of Funds.

Notwithstanding any applicable law or regulation, the Administration may suspend or cancel any FOA, grant, or agreement due to unavailability of funds.

.12 Waiver.

The Director may waive or modify a provision of this chapter that is inconsistent with the Strategic Energy Investment Program or other law or regulation.

PAUL G. PINSKY
Director

 

Subtitle 26 MARYLAND ENERGY ADMINISTRATION

14.26.03 Maryland [Energy] Efficiency Standards

Authority: State Government Article, §9-2006, Annotated Code of Maryland

Notice of Proposed Action

[23-253-P]

The Maryland Energy Administration proposes to amend Regulations .01—.13 under COMAR 14.26.03 Maryland Efficiency Standards.

Statement of Purpose

The purpose of this action is to implement the Maryland Efficiency Standards Act by establishing minimum efficiency standards for certain new products sold or installed in the State and to establish testing, certification, inspection, and enforcement procedures for ensuring compliance with established standards.

Estimate of Economic Impact

I. Summary of Economic Impact. In FY24 expenditures will increase by $100,000 to initiate compliance procedures within the agency.

II. Types of Economic Impact.

Impacted Entity

Revenue

(R+/R-)

Expenditure

(E+/E-)

Magnitude

A. On issuing agency:

 

 

Maryland Energy Administration

(E+)

Marginal

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:

NONE

 

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

A. Agency expenditures increase for the purposes enforcing compliance.

Economic Impact on Small Businesses

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

Small businesses will be limited in the supply of certain retail items available from wholesale and for resale. Impacts are mitigated by an allowance for business owners to retain any stock on hand prior to the effective date of the relevant efficiency standards.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Landon Fahrig, Asst. Div. Dir. of Policy, Maryland Energy Administration, 1800 Washington Blvd., Suite 755, Baltimore, MD 21230, or call 410-537-4000, or email to SEIFComments.MEA@Maryland.gov. Comments will be accepted through January 29, 2024. A public hearing has not been scheduled.

.01 Purpose.

This chapter:

A. Implements the Maryland [Energy] Efficiency Standards Act [(Act)] by establishing minimum efficiency standards for certain new products sold or installed in the State; and

B. Establishes testing, certification, inspection, and enforcement procedures for [insuring] ensuring compliance with established standards[; and

C. Identifies the date on which these regulations will be preempted by the federal Energy Policy Act of 2005].

.02 [Scope] Incorporation by Reference.

[The Maryland Energy Efficiency Act establishes minimum efficiency standards for several consumer and commercial products to be sold or installed in Maryland after dates specified in the Act. After the effective date of implementation, specified products must meet the efficiency standard established in this chapter and be labeled accordingly. This chapter defines the products and the efficiency standards, sets up appropriate testing and inspection procedures, and describes the penalties for failure to comply with the standards.]

In this chapter, the following documents are incorporated by reference:

A. 42 U.S.C. §6294a (2022);

B. 42 U.S.C. §6294b (2022); and

C. 10 CFR Part 430, Subpart B, Appendix S.

.03 Definitions.

A.(text unchanged)

B. Terms Defined.

(1)—(2) (text unchanged)

[(3) Commercial Refrigeration Cabinet.

(a) “Commercial refrigeration cabinet” means a refrigerator, freezer, or refrigerator-freezer, designed by the manufacturer for the purpose of storing food products, ice, or other perishable items at specified temperatures, which may be configured with either solid or transparent doors as a:

(i) Reach-in cabinet;

(ii) Pass-through cabinet;

(iii) Roll-in cabinet; or

(iv) Roll-through cabinet.

(b) “Commercial refrigeration cabinet” does not include a:

(i) Product with 85 cubic feet or more of internal volume;

(ii) Walk-in refrigerator or walk-in freezer;

(iii) Consumer product regulated under the National Appliance Energy Conservation Act of 1987 (Public Law 100-12); or

(iv) Refrigerator, freezer, or refrigerator-freezer designed and marketed exclusively for medical, scientific, or research purposes.

(4) “Distributor of new products” means a person:

(a) Whose primary business is the wholesale distribution of commercial goods for resale;

(b) Who maintains an inventory of commercial goods for resale;

(c) Who has the right to sell or distribute commercial goods in Maryland for resale to retailers or other resellers or to an industrial or commercial manufacturer; and

(d) Who conducts substantial business in Maryland.

(5) “Installer” means a person engaged in the attachment of a product that the installer has either purchased or been contracted to attach to a structure by means of the electrical, plumbing, or ventilation systems.

(6) “Large packaged air-conditioning equipment” means packaged air-conditioning equipment with at least 20 tons, but not more than 80 tons, of cooling capacity.

(7) Low-Voltage Dry-Type Distribution Transformer.

(a) “Low-voltage dry-type distribution transformer” means a distribution transformer that:

(i) Has an input voltage of 600 volts or less;

(ii) Is air-cooled; and

(iii) Does not use oil as a coolant.

(b) “Low-voltage dry-type distribution transformer” does not include any of the following transformers:

(i) An autotransformer in which the primary and secondary windings are not electronically isolated and at least a portion of the secondary voltage is derived from the primary winding;

(ii) A drive transformer designed only to provide power to operate an electronic variable speed motor drive;

(iii) A grounding transformer designed only to provide a system ground reference point;

(iv) A harmonic transformer designed to supply a load with a higher than normal harmonic current level and that has a k-rating of k-4 or greater;

(v) An impedance transformer that has a specified impedance of less than 4 percent or greater than 8 percent;

(vi) A machine tool transformer designed only to provide power to machine tool equipment;

(vii) A rectifier transformer designed to provide power only to a rectifier circuit and that has a nameplate rating for both the fundamental frequency power rating and the root mean square (rms) power rating;

(viii) A regulating transformer with automatic tap changers;

(ix) A sealed and nonventilating transformer designed to prevent airflow through the transformer;

(x) A testing transformer designed only as part of, or to supply power to, electrical test equipment;

(xi) A ups transformer designed only as an integral part of an uninterruptible power system; or

(xii) A welding transformer designed only to provide power to welding equipment.

(8) “Manufacturer of new product” means a person who makes new products by hand or machinery.

(9) “Maryland business” means a corporation organized under the laws of the State.

(10) “Maryland consumer” means an individual who:

(a) Is solicited to purchase, or who purchases for personal, family, or household purposes; and

(b) Resides in Maryland.

(11) “New product” means any manufactured good at the time when it is sold for consumption or use other than resale, further processing, or manufacture for the first time.

(12) “Packaged air-conditioning equipment” means air-conditioning equipment that is built as a package and shipped as a whole to end-user sites.

(13) “Pass-through cabinet” means a commercial refrigerator or commercial freezer with hinged or sliding doors on both the front and rear of the refrigerator or freezer.

(14) Reach-in cabinet.

(a) “Reach-in cabinet” means a commercial refrigerator, freezer, or refrigerator-freezer with hinged or sliding doors or lids.

(b) “Reach-in cabinet” does not include a roll-in or roll-through cabinet or a pass-through cabinet.

(15) “Retailer” means a person engaged in the business of making retail sales within the State.

(16) “Roll-in cabinet” means a commercial refrigerator or freezer with hinged or sliding doors that allow wheeled racks of product to be rolled into the refrigerator or freezer.

(17) “Roll-through cabinet” means a commercial refrigerator or freezer with hinged or sliding doors that allows wheeled racks of product to be rolled through the refrigerator or freezer.

(18) “Transformer” means a device consisting essentially of two or more coils of insulated wire that transfers alternating current by electromagnetic induction from one coil to another in order to change the original voltage or current value.

(19) Unit Heater.

(a) “Unit heater” means a self-contained fan-type heater that:

(i) Is designed to be installed within the heated space; and

(ii) Includes an apparatus or appliance to supply heat and a fan for circulating air over a heat exchange surface, all enclosed in a common casing.

(b) “Unit heater” does not include a warm air furnace as defined under the Federal Energy Policy Act of 1992 (42 U.S.C. § 6311(11)(a)).

(20) “Widely available in Maryland” means a conforming product available in the State from three or more manufacturers.]

(3) “Air purifier” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland.

(4) “Commercial dishwasher” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland.

(5) “Commercial steam cooker” or “compartment steamer” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland.

(6) “Covered product” means an item listed in Regulation .04 of this chapter.

(7) ENERGY STAR” means the U.S. Environmental Protection Agency program established under 42 U.S.C. §6294a (2022).

(8) “Faucet” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland.

(9) “Person” has the meaning stated in General Provisions Article, §1-114, Annotated Code of Maryland.

(10) “Portable electric spa” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland.

(11) “Public lavatory faucet” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland.

(12) “Replacement aerator” means an aerator that is:

(a) Designed as a replacement part for a faucet; and

(b) Packaged and sold separately from a faucet to which it is designed to attach.

(13) Residential Ventilating Fan.

(a)”Residential ventilating fan” means a fan designed to:

(i) Be ceiling mounted, wall mounted, or remotely mounted; and

(ii) Move air from inside a building to the outdoors.

(b) “Residential ventilating fan” includes fans commonly used in a bathroom or utility room to expel odors or fumes.

(14) “Retailer” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland.

(15) “Showerhead has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland.

(16) “Spray sprinkler body” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland.

(17) “Urinal” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland.

(18) “Water closet” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland.

(19) “Water cooler” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland.

(20) “WaterSense” means the U.S. Environmental Protection Agency program established under 42 U.S.C. §6294b (2022).

(21) “Widely available in Maryland” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland.

.04 Applicability of Standards.

A. This chapter applies to the testing, certification, and enforcement of efficiency standards for the following types of new products sold, offered for sale, or installed for profit in the State:

[(1) Unit heaters;

(2) Low-voltage dry-type distribution transformers;

(3) Commercial refrigeration cabinets; and

(4) Large packaged air-conditioning equipment.]

(1) Portable electric spas;

(2) Air purifiers;

(3) Commercial dishwashers;

(4) Commercial steam cookers;

(5) Faucets;

(6) Residential ventilating fans;

(7) Showerheads;

(8) Spray sprinkler bodies;

(9) Urinals;

(10) Water closets; and

(11) Water coolers.

B. This chapter does not apply to:

(1)—(2) (text unchanged)

(3) Products installed in mobile manufactured homes at the time of construction; [or]

(4) Products designed expressly for installation and use in recreational vehicles or marine vessels[.]; or

(5) Products to be sold at retail that are in stock at the retail establishment before the effective date of any efficiency standard regulation for that item.

[C. This chapter only applies to the following products until the following dates:

(1) Unit heaters: August 1, 2008;

(2) Low-voltage dry-type distribution transformers: January 1, 2007;

(3) Commercial refrigeration cabinets: January 1, 2010;

(4) Large packaged air-conditioning equipment of at least 20 tons and not more than 63.3 tons of cooling capacity: January 1, 2010.

D. For large packaged air-conditioning equipment with capacities from 63.4 tons to 80 tons of cooling capacity, the Act will remain in effect.]

.05 Minimum Efficiency Standards.

A. On or after the date specified in Regulation .06 of this chapter, a person may not sell or install for profit a [listed] covered product that does not meet or exceed the corresponding minimum efficiency standards listed in this regulation.

[B. Unit heaters shall be equipped with an intermittent ignition device and shall have either power venting or an automatic flue damper.

C. The efficiency of all low-voltage dry-type distribution transformers may not be less than the values shown in table 4-2 of National Electrical Manufacturers Association Standard TP-1-2002.

D. Commercial refrigeration cabinets shall meet the requirements shown in the following table:

Equipment Type

Maximum Daily Energy

Consumption (kilowatt hours)

Reach-in cabinets, pass-through cabinets, and

roll-in or roll-through cabinets that are refrigerators with solid doors

0.125V + 2.76

Reach-in cabinets, pass-through cabinets, and

roll-in or roll-through cabinets that are refrigerators with transparent doors

0.172V + 4.77

Reach-in cabinets, pass-through cabinets, and

roll-in or roll-through cabinets that are freezers with solid doors

0.398V + 2.28

Reach-in cabinets, pass-through cabinets, and

roll-in or roll-through cabinets that are freezers with transparent doors

0.940V + 5.10

Reach-in cabinets that are refrigerator-freezers With solid doors

0.273AV + 1.65

Where: V = total volume in cubic feet; and AV = adjusted volume, which is the sum of the volume of refrigerated space, and 1.63 times the volume of freezer space.

E. Large packaged air-conditioning equipment shall meet the Tier II requirements of the “minimum equipment efficiencies for unitary commercial air conditioners” or “minimum equipment efficiencies for heat pumps”, as appropriate, developed by the Consortium for Energy Efficiency, Boston, Massachusetts, as in effect on January 1, 2002.]

B. Air purifiers shall meet the following requirements as measured in accordance with the ENERGY STAR program requirements product specification for room air cleaners, version 2.0:

(1) The clean air delivery rate for smoke shall be 30 or greater;

(2) For models with a clean air delivery rate for smoke of less than 100, the clean air delivery rate per watt for smoke shall be greater than or equal to 1.7;

(3) For models with a clean air delivery rate for smoke greater than or equal to 100 and less than 150, the clean air delivery rate per watt for smoke shall be greater than or equal to 1.9;

(4) For models with a clean air delivery rate for smoke greater than or equal to 150, the clean air delivery rate per watt for smoke shall be greater than or equal to 2.0;

(5) For ozone-emitting models, measured ozone shall be less than or equal to 50 parts per billion;

(6) For models with a Wi-Fi network connection enabled by default when shipped from the manufacturer, partial on-mode power may not exceed 2 watts; and

(7) For models without a Wi-Fi network connection enabled by default when shipped from the manufacturer, partial on-mode power may not exceed 1 watt.

C. Commercial dishwashers shall meet the applicable qualification criteria specified in the ENERGY STAR program requirements product specification for commercial dishwashers, version 2.0.

D. Commercial steam cookers shall meet the requirements specified in the ENERGY STAR program requirements product specification for commercial steam cookers, version 1.2.

E. Faucets shall meet the following standards when tested in accordance with 10 CFR Part 430, Subpart B, appendix S, compliance with which shall be verified by using the uniform test method for measuring the water consumption of faucets and showerheads in effect on January 1, 2020:

(1) Private lavatory faucets and replacement aerators may not exceed a maximum flow rate of 1.5 gallons per minute at 60 pounds per square inch;


(2) Residential kitchen faucets and replacement aerators may not exceed a maximum flow rate of 1.8 gallons per minute at 60 pounds per square inch, with optional temporary flow of 2.2 gallons per minute, provided the faucet defaults to a maximum flow rate of 1.8 gallons per minute at 60 pounds per square inch after each use; and

(3) Public lavatory faucets and replacement aerators may not exceed a maximum flow rate of 0.5 gallons per minute at 60 pounds per square inch.

F. Portable electric spas shall meet the requirements of the American National Standard for Portable Electric Spa Energy Efficiency approved by the American National Standards Institute on or before November 19, 2019.

G. Residential ventilating fans shall meet the following requirements when tested in accordance with the Home Ventilation Institute’s airflow test procedure stated in Home Ventilation Institute Publication 916:

(1) In-line residential ventilating fans shall be equipped with a fan motor with an efficiency of at least 2.8 cubic feet per minute per watt; and

(2) Non-in-line residential ventilating fans shall be equipped with a fan motor with an efficiency of at least 1.4 cubic feet per minute per watt for airflows less than 90 cubic feet per minute and at least 2.8 cubic feet per minute per watt for airflows greater than or equal to 90 cubic feet per minute.

H. Showerheads may not exceed a maximum flow rate of 2.0 gallons per minute at 80 pounds per square inch when tested in accordance with 10 CFR Part 430, Subpart B, Appendix S, compliance with which shall be verified by using the uniform test method for measuring the water consumption of faucets and showerheads in effect on January 1, 2020.

I. Spray sprinkler bodies that are not specifically excluded from the scope of the WaterSense specification for spray sprinkler bodies, version 1.0, shall include an integral pressure regulator and meet the water efficiency, performance criteria, and other requirements specified in the WaterSense specification for spray sprinkler bodies, version 1.0.

J. Urinals shall have a maximum flush volume of 0.5 gallons per flush when tested in accordance with 10 CFR Part 430, Subpart B, Appendix T, compliance with which shall be verified by using the uniform test method for measuring the water consumption of water closets and urinals in effect on January 1, 2020.

K. Water closets shall meet the following standards when tested in accordance with 10 CFR Part 430, Subpart B, Appendix T, compliance with which shall be verified by using the uniform test method for measuring the water consumption of water closets and urinals in effect on January 1, 2020:

(1) Water closets shall have a maximum flush volume of 1.28 gallons per flush; and

(2) Dual-flush tank-type water closets shall have a maximum dual-flush effective volume of 1.28 gallons per flush.

L. Water coolers included in the scope of the ENERGY STAR program’s water coolers specification, version 2.0, shall have an on mode with no water draw energy consumption that is less than or equal to the following values as measured in accordance with the on mode with no water draw test mode specified in the water coolers specification:

(1) 0.16 kilowatt hours per day for cold only units and cook and cold units;

(2) 0.87 kilowatt hours per day for storage type hot and cold units; and

(3) 0.18 kilowatt hours per day for on-demand hot and cold units.

.06 Effective Dates for Minimum Efficiency Standards [Requirement].

A. The effective date for efficiency standards for covered products sold or offered for sale in the State [and subject to Regulation .04A of this chapter is as follows:

(1) Unit heaters: September 1, 2005;

(2) Low-voltage dry-type distribution transformers: March 1, 2005;

(3) Commercial refrigeration cabinets: August 1, 2005;

(4) Large packaged air-conditioning equipment: August 1, 2005] is January 1, 2024.

B. A covered product [subject to Regulation .04A of this chapter] that does not meet or exceed the corresponding minimum efficiency standards listed in this regulation may not be installed for profit after January 1, [2006] 2025.

.07 Petition for Delayed Implementation.

A. A [Maryland business or consumer] person may file a request with the Administration to delay the effective date of any standard adopted under this chapter if products conforming to a standard will not be widely available in Maryland by the effective date specified in Regulation .06 of this chapter.

B.—E. (text unchanged)

.08 Testing Procedures.

[The manufacturer of a product for which certification is required shall test each model of each product required under Regulation .04 of this chapter consistent with the testing standards established by the federal government in accordance with the requirements of the Energy Policy Act of 2005] A covered product shall be tested in accordance with the requirements of Regulation .05 of this chapter.

.09 Manufacturers’ Certification of New Products.

A. [Before the effective date of the applicable standard specified in Regulation .06 of this chapter and before a new product listed in Regulation .04 of this chapter may be sold in Maryland, a manufacturer of the new product shall certify to the Administration that the product is in compliance with the performance standard in Regulation .05 of this chapter] A covered product may not be sold in the State on or after its respective minimum efficiency standard effective date unless the Administration has accepted a certification provided by the manufacturer of the covered product demonstrating the:

(1) Covered product meets or exceeds its respective minimum efficiency standard under Regulation .05 of this chapter; or

(2) Efficiency of a covered product can be verified by an alternative method, including via the:

(a) California Energy Commission Modernized Appliance Efficiency Database System;

(b) Northeast Energy Efficiency Partnerships State Standards Appliance Database;

(c) Federal ENERGY STAR program;

(d) Federal WaterSense Program; or

(e) Use of another official state database or other nationally recognized database.

B. The manufacturer shall file with the Administration a [statement] certification that each covered product that is sold or offered for sale in Maryland complies with the requirements of the [Energy] Efficiency Standards Act. [The statement shall contain all the information described in §§D and E of this regulation and shall meet all the requirements of §C of this regulation and all other applicable requirements.

C. General Rules.

(1) Format and Categories. Each statement shall be in a format and in categories specified and made publicly available by the Administration. Specific information on these formats and categories may be obtained from the Administration.

(2) When Different Statements are Required. The Administration may establish, modify, and enforce schedules for the submittal of statements where it is reasonably necessary for the orderly processing of submittals.

D. Manufacturer Information. The statement shall contain the name, address, telephone number, fax number, and email address of the individual to contact concerning the statement.

E. Testing and Performance Information.

(1) The statement shall verify that each product has been tested in accordance with all applicable requirements.

(2) The statement shall contain the name, address, telephone number, fax number, website address, and email address of the laboratory or other institution where the testing was performed.

(3) Proof of testing pursuant to another state’s certification program is acceptable to the Administration for this requirement if the other state’s standards and requirements are substantially the same as this chapter. The Administration may request copies of materials related to this testing.

F. Any manufacturer that has certified a product to another state or to the federal Energy Star Program may provide the Administration with a copy of the certification that the manufacturer made to the other state or agency in place of a separate certification, if:

(1) The other state’s standards or the Energy Star specifications are equivalent to or more stringent than the standards of Maryland; and

(2) All information required under §§D and E of this regulation is included in the certification.]

C. The certification required under §B of this regulation shall:

(1) Be in a format and in categories specified and made publicly available by the Administration;

(2) Verify that each product has been tested in accordance with all applicable requirements and specify the standard by which the product has been tested;

(3) Contain the name, address, telephone number, website address, and email address of the laboratory or other institution where the testing was performed;

(4) Contain the name, address, telephone number, and email address of the individual to contact concerning the statement; and

(5) Meet all other applicable requirements.

D. The Administration may establish, modify, and enforce schedules for the submittal of statements for the orderly processing of submittals.

.10 Product Verification Testing by the Administration.

A. To ensure compliance with adopted standards, the Administration may test covered products [listed in Regulation .04 of this chapter] to verify compliance with its applicable minimum efficiency standard.

B. If [the] a covered product tested is [not] found to be [in] out of compliance with [the] its applicable minimum efficiency [standards established under Regulation .05 of this chapter], the Administration shall:

(1) (text unchanged)

(2) Make information available to the public on products found [not] to be [in] out of compliance with the standards by appropriate means.

.11 Labeling.

[A. Manufacturers of new products listed in Regulation .04 of this chapter shall identity each product offered for sale or installation, through retailers, in Maryland as being in compliance with the minimum efficiency standards established under Regulation .05 of this chapter by means of a mark, label, or tag consisting of the letter “M” within a circle not less than 1/2 inch in diameter on the product or packaging at the time of sale or installation. The mark, label or tag shall consist of the letter “M” within a circle. The circle may not be less than 1/2 inch in diameter.

B. Labels may be permanently affixed or may be temporary or removable labels of any kind including hanging labels.

C. All display models of products shall be displayed with a mark, label, or tag on the product.

D. Manufacturers offering products for sale or installation in Maryland are not required to place a mark, label, or tag on a covered product, if a mark is already on the product or packaging that reflects that the product meets an efficiency standard at least equal to the one required by the Act.

E. If a national efficiency standard is established by Federal law or regulation for a product, this labeling requirement does not apply to that product.]

A. Once a manufacturer has certified a new product as outlined in Regulation .09 of this chapter, a manufacturer may label the product as meeting the relevant minimum efficiency level outlined in Regulation .04 of this chapter.

B. The mark, label, or tag shall consist of the letter “M” within a circle no less than 3/8 of an inch in diameter.

.12 Inspection and Enforcement.

A. The Administration may [make periodic inspections of distributors and retailers of new products listed in Regulation .04 of this chapter] inspect a distributor or retailer of a covered product in order to determine compliance with the provisions of this chapter.

B.—C. (text unchanged)

D. The Administration may set up a process by which a person can notify the Administration of incidents of noncompliance with the provisions of this regulation.

.13 Fines for Noncompliance.

A. The Administration may investigate [complaints received concerning] potential violations of Regulation .05 of this chapter and shall report the results of an investigation to the Attorney General.

B.—E. (text unchanged)

F. Nothing in this regulation shall limit the ability of the Administration to pursue alternative methods to correct noncompliance in lieu of referral to the Attorney General.

PAUL G. PINSKY
Director

 

Title 33
STATE BOARD OF ELECTIONS

Notice of Proposed Action

[23-266-P]

The State Board of Election proposes to:

(1) Amend Regulation .01 under COMAR 33.07.07 Challengers or Watchers;

(2) Adopt new Regulation .01 and recodify existing Regulations .01—.03 to be Regulations .02—.04 under COMAR 33.07.09 Electioneering; Exit Polling;

(3) Amend Regulations .02 and .08 under COMAR 33.11.03 Issuance and Return;

(4) Amend Regulation .01 under COMAR 33.16.03 Issuance of Provisional Ballot; and

(5) Amend Regulation .10 under COMAR 33.17.06 Early Voting Activities.

This action was considered by the State Board of Elections at its October 26, 2023 meeting.

Statement of Purpose

The purpose of this action is to:

(1) Clarify the already existing practice of allowing for original signatures and copies of original signatures on challengers and watchers forms. Current practice does not allow for a cursive font to be used as a signature, which this regulation also does not allow.

(2) Clarify that the local board need not draw a no electioneering line on the ground.

(3) Address what happens if a person appears to vote in person after receiving a mail-in ballot. As currently written, due to the definition in Ch. 221 (H.B. 410), Acts of 2023, it does not address a scenario where a person appears to vote in person during early voting. This proposed text extends to early voting centers the applicability of the statute, which provides that voters cast a provisional ballot if they appear to vote in person.

(4) Allow for timely return to an early voting center for mail-in ballots.

(5) Clarify that the voter can receive a provisional ballot application at both election day polling places and early voting centers.

(6) Establish electioneering practices for both election day and early voting centers. It also clarifies that the local board need not draw a line on the ground.

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 Morgan Rhoden, Deputy Director of Election Reform and Management, State Board of Elections, P.O. Box 6486, Annapolis, MD 21401, or call 410-269-2840, or email to dl_regscomments_SBE@maryland.gov. Comments will be accepted through January 29, 2024. A public hearing has not been scheduled.

 

Subtitle 07 ELECTION DAY ACTIVITIES

33.07.07 Challengers or Watchers

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 10-303, and
10-311, Annotated Code of Maryland

.01 Designating Entities.

A.—C. (text unchanged)

D. Certificate.

(1)—(2) (text unchanged)

(3) [An original signature on the certificate is not required.] The signature of the designating entity shall be:

(a) An original signature; or

(b) A copy of an original signature.

(4) (text unchanged)

 

33.07.09 Electioneering; Exit Polling

Authority: Election Law Article, §§2-102(b)(4)[and], 2-202(b), and 16-206, Annotated Code of Maryland

.01 Electioneering—Polling Place.

A. At each polling place, one election judge from each principal political party shall be designated by the local board and, acting jointly, shall post signs delineating a line around the entrance and exit of the building that are closest to that part of the building in which voting occurs.

B. Electioneering Boundary.

(1) Except as provided in §B(2) of this regulation, the line shall be located as near as practicable to 100 feet from the entrance and exit and shall be established after consideration of the configuration of the entrance and the effect of placement on public safety and the flow of pedestrian and vehicular traffic.

(2) In Montgomery County, on approval of the local board, the line may be located at any point between 25 feet and 100 feet from the entrance and exit.

C. The signs shall contain the words “No Electioneering Beyond this Point.”

D. An election judge is not required to delineate this area with a physical line on the ground.

 

Subtitle 11 ABSENTEE BALLOTS

33.11.03 Issuance and Return

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 2-305, 9-303,
9-305, 9-306, 9-310, 11-301, 11-302, and 11-304, Annotated Code of Maryland

.02 Updating Election Register.

A. (text unchanged)

B. Voting [at Polls] in Person After Receiving Absentee Ballot. A voter who has been issued an absentee ballot may cast a provisional ballot at:

(1) [the] The polling place for the precinct of the voter’s residence on election day[.]; or

(2) The early voting center in the voter’s county of residence during early voting.

.08 When Ballots Are Timely.

A. (text unchanged)

B. In General. An absentee ballot is considered to have been timely received only if:

(1)—(2) (text unchanged)

(3) The ballot is deposited into a ballot drop box before the polls close on election day; [or]

(4) The ballot:

(a) (text unchanged)

(b) Was mailed on or before election day, as verified:

(i) (text unchanged)

(ii) By the voter’s affidavit that the ballot was completed and mailed on or before election day, if the return envelope does not contain a postmark or the postmark is illegible[.]; or

(5) The ballot is received by an early voting center before the polls close at that polling place on the last day of early voting.

C. (text unchanged)

 

Subtitle 16 PROVISIONAL VOTING

33.16.03 Issuance of Provisional Ballot

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 3-305(e), 9-402,
9-403, 9-404, 9-406, and 11-303(c) and (e), Annotated Code of Maryland

.01 In General.

A.—B. (text unchanged)

C. A voter may receive a provisional ballot packet at an election office [or at], a polling place, or an early voting center.

D. A voter shall complete the provisional ballot application and vote the ballot while at the election office [or], polling place, or early voting center where the packet is received.

 

Subtitle 17 EARLY VOTING

33.17.06 Early Voting Activities

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-406, and
10-301.1, Annotated Code of Maryland

.10 Electioneering.

A. (text unchanged)

B. Clothing, Buttons, etc., in [Polling Place] an Early Voting Center.

(1) In General. Except as specified in §B(2) of this regulation, an individual, including any candidate, watcher, or challenger, may not enter the No Electioneering Zone outside [a polling place] an early voting center while visibly wearing or carrying any clothing, button, sticker, sign, or other paraphernalia that indicates support or opposition to a candidate, question, or contest.

(2) Exception. This regulation does not apply to clothing, buttons, or stickers worn by a voter who, without lingering, enters the [polling place] early voting center, votes, and then leaves.

C. No Electioneering Zone.

(1) Except as provided in §C(2) of this regulation, a No Electioneering Zone for an early voting center is established in accordance with COMAR 33.07.09.01 and Election Law Article, §16-206(b), Annotated Code of Maryland.

(2) If an early voting center is located in a multiuse facility, the No Electioneering Zone is 100 feet from the entrance closest to the space in which early voting is being conducted.

JARED DeMARINIS
State Administrator of Elections

 

Subtitle 11 ABSENTEE BALLOTS

Notice of Proposed Action

[23-259-P]

The State Board of Elections proposes to amend:

(1) Regulation .04 under COMAR 33.11.01 Definitions; General Provisions; and

(2) Regulation .04 under COMAR 33.11.05 Canvass of Ballots — Rejecting Ballots.

This action was considered by the State Board of Elections at its September 28, 2023, meeting.

Statement of Purpose

The purpose of this action is to (1) reflect changes enacted in Ch. 151(H.B. 535) and Ch. 152 (S.B. 379), Acts of 2023, which require the local board to count the first ballot from the individual and reject any other ballot and (2) clarify the electioneering boundary and permitted activities.

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 Morgan Rhoden, Deputy Director of Election Reform and Management, State Board of Elections, P.O. Box 6486, Annapolis, MD 21401, or call 443-924-1644, or email to d1_regcomments_SBE@maryland.gov. Comments will be accepted through January 29, 2024. A public hearing has not been scheduled.

33.11.01 Definitions; General Provisions

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 2-304, 2-305,
3-202.1, 9-303, 9-305, 9-306, 11-301, 11-302, and 11-304, Annotated Code of Maryland

.04 Ballot Drop Boxes.

A.—C. (text unchanged)

D. Electioneering Boundary.

(1) The local board shall post signs delineating an area around each ballot box where a person may not electioneer. A local board is not required to delineate this area with a physical line on the ground.

(2) Except as provided in §D(3) of this regulation, the line shall be located as near as practicable to 50 feet from the ballot box after consideration of the placement of the ballot box and the effect of placement on public safety and the flow of pedestrian and vehicular traffic.

(3) If the ballot box is placed within the electioneering boundary of a polling place, the line for the ballot box shall be the electioneering boundary of the polling place.

(4) The signs shall contain the words “No Electioneering Beyond this Point.”

E. Electioneering Activities.

(1) The following activities are not permitted within the electioneering boundary set forth in §D of this regulation:

(a) Electioneering by individuals; or

(b) Observing or recording voter activities by a group of affiliated individuals.

(2) An individual observing a ballot box or recording activities within the electioneering boundary set forth in §D of this regulation is not electioneering if the person is not communicating with, questioning, or otherwise interfering with voters dropping off materials at a ballot box.

F. Other Activities.

(1) Except as provided in §F(2) of this regulation, an individual may not visibly possess, visibly carry, or brandish a firearm within the electioneering boundary set forth in §D of this regulation.

(2) A law enforcement officer or security guard who is on duty or traveling to or from duty may enter the electioneering boundary set forth in §D of this regulation to drop off materials at a ballot box.

(3) A person may observe an election official remove materials from the ballot box if the person does not interfere with the process.

 

33.11.05 Canvass of Ballots — Rejecting Ballots

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-303, 11-301,
11-302, and [11-303(d)(2)(iii)] 11-303.2, Annotated Code of Maryland

.04 Ballot Rejection — Multiple Ballots from the Same Individual.

[The] If a local board receives multiple ballots from the same voter, the local board shall [reject multiple absentee ballots] canvass the ballots as follows:

A. (text unchanged)

B. If more than one ballot is received from the same individual in different envelopes:

(1) If the signed oaths have different dates, [only the ballot with the later date shall be counted;] the local board shall:

(a) Count the ballot with the earliest signed oath date that the local board determines is legally sufficient; or

(b) Reject all ballots if none of them are legally sufficient.

(2) If the signed oath associated with one ballot is dated and the signed oath associated with the other ballot is either undated or indecipherably dated, the local board shall count the ballot with the dated oath and reject the ballot with the undated or indecipherably dated [ballot shall be rejected] oath;

(3) If the signed oaths all have the same dates or all have indecipherable dates[, all ballots shall be rejected; and] the local board shall:

(a) Count the first ballot it received if that ballot is legally sufficient;

(b) If the first ballot it received is not legally sufficient, count the ballot it received next if it is legally sufficient; or

(c) Reject all ballots if the ballots were received on the same date.

(4) (text unchanged)

C. Except as provided as in §D of this regulation, if an absentee ballot and provisional ballot are received from the same individual, the local board shall count the first ballot the voter cast if the ballot is legally sufficient and reject [the provisional ballot] any other ballot.

D. If the local board receives an absentee ballot after a provisional ballot or absentee ballot from the same voter has been counted, the local board shall reject the absentee ballot.​

JARED DeMARINIS
State Administrator of Elections

 

Title 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

Notice of Proposed Action

[23-265-P]

The Maryland Lottery and Gaming Control Commission proposes to:

(1) Amend Regulation .02 under COMAR 36.03.01 General;

(2) Amend Regulations .06, .12—.14, .16, and .17 under COMAR 36.03.02 Investigation and Licensing;

(3) Amend Regulations .01 and .05—.07 and adopt new Regulation .10 under COMAR 36.03.03 Video Lottery Operation License;

(4) Amend Regulation .03 under COMAR 36.03.06 Enforcement of Voluntary Exclusion Program;

(5) Amend Regulations .02 and .04 under COMAR 36.03.08 Collection of Taxes, Fees, and Penalties;

(6) Amend Regulations .16, .20, .21, and .34 under COMAR 36.03.10 Video Lottery Facility Minimum Internal Control Standards;

(7) Amend Regulation .05 under COMAR 36.03.11 Facility Standards;

(8) Amend Regulation .11 under COMAR 36.04.01 Video Lottery Technical Standards;

(9) Amend Regulation .01, repeal existing Regulation .02, and adopt new Regulation .02 under COMAR 36.04.02 Video Lottery Terminal Machines;

(10) Amend Regulations .12 and .18 under COMAR 36.07.02 Application and Licensing;

(11) Amend Regulation .02 under COMAR 36.10.01 General;

(12) Amend Regulations .10 and .14 under COMAR 36.10.02 All Applicants and Licensees — Applications and Investigations;

(13) Amend Regulations .02 and .04 under COMAR 36.10.03 All Applicants and Licensees — Qualification Requirements;

(14) Amend Regulations .02—.06 under COMAR 36.10.04 Specific Requirements for Sports Wagering Facilities Licensees;

(15) Amend Regulations .01 and .02 under COMAR 36.10.05 Specific Requirements for Mobile Sports Wagering Licenses;

(16) Amend Regulations .02—.07, .09, and .11 under COMAR 36.10.06 Specific Requirements for Other Licenses Required for Sports Wagering;

(17) Amend Regulation .03 under COMAR 36.10.10 Enforcement of Voluntary Exclusion Program;

(18) Amend Regulations .20, .34, .40, and .41 under COMAR 36.10.13 Sports Wagering Licensee Minimum Internal Control Standards;

(19) Amend Regulations .03 and .06 under COMAR 36.10.14 Sports Wagering Requirements and Limitations;

(20) Amend Regulations .03 and .04 under COMAR 36.10.15 Sports Wagering Licensee Facility Standards; and

(21) Adopt all new Regulation .20 under COMAR 36.11.02 All Applicants and Awardees.

This action was considered at the Maryland Lottery and Gaming Control Commission open meeting held on July 27, 2023, notice of which was given pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

Under COMAR 36.03.01 General:

(1) Adjust and clarify definitions, and apply them in subsequent regulations, to address questions the Licensing Division encounters related to ownership interests; and

(2) Clarify the existing licensing and fee structure for contractor and manufacturer licenses.

Under COMAR 36.03.02 Investigation and Licensing:

(1) Clarify requirements for principal entities (owners);

(2) For video lottery employee licensees, allow gaming employees to work as sports wagering employees without submitting a separate license application;

(3) Allow employees ages 18-20 to be on a casino’s gaming floor while they work, as is already permitted in statute;

(4) Provide that individual licensees may voluntarily relinquish a license, and later request to be returned to active license status;

(5) Implement House Bill 1288, which relaxes mandatory disqualification requirements for individuals with misdemeanor records who complete a problem-solving court;

(6) Implement clarifying definitions from Chapter 01;

(7) Delegate to Staff the authority to issue manufacturer licenses;

(8) Correct an error that omitted manufacturer license applicants from the due process required for license denials; and

(9) For vendors, clarify what is and is not a vendor, and streamline registration requirements.

Under COMAR 36.03.03 Video Lottery Operation License:

(1) Implement the casino license renewal requirements in Senate Bill (SB) 537, and build time into the process for Staff to conduct background investigations before license expiration; and

(2) As specified in SB 537, designate that license renewal fees accrue to the Education Trust Fund.

Under COMAR 36.03.06 Enforcement of Voluntary Exclusion Program, require conspicuous display of the gambling assistance message.

Under COMAR 36.03.08 Collection of Taxes, Fees, and Penalties:

(1) Incorporate casino license renewal fee requirements from Senate Bill (SB) 537 and amendments to Chapter 03, and ensure consistency with proposed amendments to Subtitle 04, Chapter 02, which clarify the calculation of annual Problem Gambling Fund assessments for VLT counts based on the authorized number of VLTs on the casino’s operation license; and

(2) Clarify annual Problem Gambling Fund assessments for table games based on the high-water mark of table games in operation in the year.

Under COMAR 36.03.10 Video Lottery Facility Minimum Internal Control Standards:

(1) Reduce audit frequency for two non-gaming functions;

(2) Increase aggregate amount of check(s) a casino can accept from a player on a single gaming day;

(3) Allow a casino to accept a higher aggregate dollar value of check(s) from a player from checks that are payouts for gaming activity from a casino licensed in Maryland or an out of state affiliate of a Maryland casino;

(4) Authorize casinos to accept an ACH transfer from a player to pay off a casino debt, in addition to a wire transfer; and

(5) Authorize a casino’s player tracking system to give players their player account information (win-loss statements) at a self-service kiosk or the casino’s player rewards website.

Under COMAR 36.03.11 Facility Standards, authorize Agency staff to approve changes to a casino’s gaming floor plan within authorized VLT and table game counts.

Under COMAR 36,04.01 Video Lottery Terminal Standards, allow Staff to authorize use of a paytable with an average payout above 95% if the Commission has already approved the paytable.

Under COMAR 36.04.02 Video Lottery Terminal Machines:

(1) Delete obsolete provisions pertaining to the Commission’s purchase or lease of VLTs for the casinos, and replace them with requirements to obtain Staff authorization before adding VLTs to the gaming floor;

(2) Delete the requirement that the Commission authorize both temporary and permanent VLT count reductions;

(3) Establish process for casinos to make one annual request for reduction to the authorized maximum number of VLTs on its license; if Staff approves, the VLT count on the operation license is reduced accordingly;

(4) Adjust VLT counts on the floor at or below the licensed VLT count with prior notice to Staff;

(5) Establish process for casino to pay license fees required to permit operation of VLTs above the number authorized on the operation license; and

(6) Clarify that the annual assessment to the Problem Gambling Fund is based on the number of VLTs on the license, regardless of whether all VLTs were actually in use in the assessment year; and COMAR 36.03.08 has corresponding amendment.

Under COMAR 36.07.02 Application and Licensing, clarify Staff’s enforcement authority for instant bingo manufacturers.

Under COMAR 36.10.01 General:

(1) Implement amendments regarding ownership and principal entities consistent with amendments to the same as proposed (above) in COMAR 36.03; and

(2) Implement Senate Bill (SB) 621, which authorizes the Commission to license and regulate independent evaluators, and requires additional definitions of associated new terminology in the bill.

Under COMAR 36.10.02 All Applicants and Licensees – Applications and Investigations:

     (1) Clarify bond requirements that apply to all sports wagering applicants and licensees; and

     (2) Implement amendments regarding principal entities consistent with amendments to the same as proposed (above) in COMAR 36.03.

Under COMAR 36.10.03 All Applicants and Licensees – Qualification Requirements:

     (1) Clarify bond requirements for sports wagering licensees; and

     (2) Remove language related to conducting gaming for 3 years before a license transfer because it addressed in statute.

Under COMAR 36.10.04 Specific Requirements for Sports Wagering Facilities Licensees:

(1) Clarify bond requirements for sports wagering facilities, by category; and

(2) Implement uncodified portion of SB 621, which authorizes a Class B-2 that became an awardee before February 15, 2023, to request the Commission and SWARC to allow it to change the proposed facility location identified in its applications to both commissions.

Under COMAR 36.10.05 Specific Requirements for Mobile Sports Wagering Licenses, clarify bond requirements for mobile sports wagering licensees.

Under COMAR 36.10.06 Specific Requirements for Other Licenses Required for Sports Wagering:

(1) Clarify bond requirements for online sports wagering operator, sports wagering facility, sports wagering contractor, and sports wagering employee licensees;

(2) Implement independent evaluator licensing and regulation requirements established in SB 621;

(3) Consistent with statute and amendments to COMAR 36.03, authorize sports wagering employees who are 18 to 20 years old to be in restricted areas if they are working;

(4) Restrict wagering by Independent Evaluator employees; and

(5) Consistent with amendments to COMAR 36.03, clarifies vendor registration requirements.

Under COMAR 36.10.10 Enforcement of Voluntary Exclusion Program:

     (1) Consistent with amendments to COMAR 36.03 above, require conspicuous posting of gambling assistance message; and

     (2) Prohibit advertisements offering or suggesting guaranteed or risk-free gambling outcomes.

Under COMAR 36.10.13 Sports Wagering Licensee Minimum Internal Control Standards:

     (1) Consistent with amendments to COMAR 36.03 above, reduce the frequency of an audit for two non-gaming functions;

     (2) Allow for a Class B-2 licensee to perform cash storage drop box collection with two employees;

     (3) Clarify reserve requirement and player account requirements;

     (4) For consumer protection regulations, reorganize existing language non-substantively, and clarify requirements for promotions; and

     (5) Implement SB 620, which prohibits institutions of higher education from contracting with sports wagering licensees if the licensees would profit from securing student participation in sports wagering.

Under COMAR 36.10.14 Sports Wagering Requirements and Limitations:

(1) Prohibit Independent Evaluator employees from placing wagers; and

(2) Clarify requirements for surety bonds that comprise part of a reserve.

Under COMAR 36.10.15 Sports Wagering Licensee Facility Standards, authorize Agency staff to approve facility design standards and facility plans.

Under COMAR 36.11.02 All Applicants and Awardees, implement uncodified language in SB 621, which allows an awardee to ask SWARC and the Commission to authorize it to change the facility location identified in its applications.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Proposed amendments under COMAR 36.03.02 would reduce the cost for gaming and sports wagering vendors to file with MLGCA as required by the Gaming and Sports Wagering Laws. Currently, there is a fee of $100 for registered vendors to file and a fee of $1,000 for certified vendors to file. As most of these vendors could be classified as small businesses, under the streamline registration requirements, there would be no distinction between the two types of vendors and a minimal $100 registration fee.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Sean Ford, Director of Legislation and Policy Development, Maryland Lottery and Gaming Control Agency, 1800 Washington Boulevard, Baltimore MD 21230, or call 410-230-8988, or email to sean.ford@maryland.gov. Comments will be accepted through January 29, 2024. A public hearing has not been scheduled.

 

Subtitle 03 GAMING PROVISIONS

36.03.01 General

Authority: State Government Article, §§9-1A-01, 9-1A-02(b) and 9-1A-04(d), Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Beneficial owner” means a person that holds at least a 5 percent interest in an applicant for, or holder of, a license awarded or issued under this subtitle that is evidenced by:

(a) Record ownership;

(b) Stock or other ownership in an entity in a chain of parent and subsidiary, or affiliate entities, any one of which participates in the capital or profits of a video lottery facility operator licensee; or

(c) An interest that entitles a person to benefit substantially and is equivalent to ownership by an agreement, relationship, or other arrangement; or

(d) Compensation of a person, in any financial, legal, or beneficial form, if the compensation is based on revenue generated by a video lottery facility operator licensee, including a percentage share on, or any compensation that is tied to, the performance of a video lottery facility operator licensee’s operations.

[(1)] (2) (text unchanged)

[(2)] (3) “Contractor” or “gaming contractor” means a person [or individual, other than an employee of a video operation licensee,] who contracts with a video lottery operation licensee [or other person to:] to provide services as a Tier 1 or Tier 2 contractor that may include:

(a) [Manage or operate a video lottery facility] Management or operation;

(b) [Provide security for a video lottery facility] Security;

(c) [Perform service, maintenance, or repairs of a video lottery terminal, table game device, central operating system, associated equipment, or software] Service, maintenance, update, or repair of video lottery or table game equipment or associated equipment or software;

(d) [Own or control a person described in §B(1)(a)—(c) of this regulation] Own or control a person described in §B(2)(a)—(c) of this regulation; or

(e) [Provide junket enterprise services; or] Any other service for which the Commission requires a contractor license.

[(f) Provide any other service that is essential to operation of a video lottery facility.]

(4) “Contractor — Tier 1” or “Tier 1 contractor” means a person, other than an employee of a video lottery operation licensee, who contracts with a video lottery operation licensee or other person to:

(a) Manage or operate a video lottery facility;

(b) Provide security for a video lottery facility;

(c) Perform service, maintenance, or repairs of a video lottery terminal, table game device, central operating system, associated equipment, or software;

(d) Provide junket enterprise services; or

(e) Provide any other service that is essential to operation of a video lottery facility that may involve contact with or access to:

(i) A central operating system;

(ii) A facility’s video lottery system;

(iii) A video lottery terminal; or

(iv) An electronic component of a table game.

(5) “Contractor — Tier 2” or “Tier 2 contractor” means a person, other than an employee of a video lottery operation licensee, who contracts with a video lottery operation licensee or other person to provide a service that is essential to the operation of a video lottery facility, but has no contact or access to:

(a) A central operating system;

(b) A facility’s video lottery system;

(c) A video lottery terminal; or

(d) An electronic component of a table game.

[(3)] (6)—[(20)] (23) (text unchanged)

(24) “Manufacturer” has the meaning stated in State Government Article §9-1A-01, Annotated Code of Maryland.

(25) “Manufacturer – Tier 1” or “Tier 1 Manufacturer” means a person that:

(a) Produces:

(i) A video lottery terminal;

(ii) Table game equipment;

(iii) A central monitor and control system; or

(iv) Equipment associated with §B(24)(a)(i)—(iii) of this regulation; or

(b) Distributes or resells:

(i) A video lottery terminal;

(ii) Table game equipment;

(iii)A central monitor and control system; or

(iv) Equipment associated with §B(24)(b)(i) – (iii) of this regulation.

(26) “Manufacturer – Tier 2” or “Tier 2 – Manufacturer” means a person that produces a product:

(a) Intended for sale, lease or other assignment to a licensee and is related to:

(i) Video lottery terminals;

(ii) Table games; or

(iii) Equipment or software associated with §B(25)(a)(i) or (ii) of this regulation.

(b) That does not have the ability to impact the integrity of a game; and

(c) Is not essential to table game play.

[(21)] (27)—[(24)] (30) (text unchanged)

[(25)] (31) Principal Employee.

(a) (text unchanged)

(b) “Principal employee” includes an employee of a contractor who performs any function described in [§B(1)] §B(3) of this regulation; and

(c) “Principal employee” does not include a gaming, temporary gaming, or nongaming employee.

[(26)] (32)[(31)] (37) (text unchanged)

 

36.03.02 Investigation and Licensing

Authority: State Government Article, §§ 9-1A-04, 9-1A-14, and 9-1A-24, Annotated Code of Maryland

.06 Owners.

A.—L. (text unchanged)

M. Qualified Principal Entities.

(1) This section does not apply to a principal entity that is an approved institutional investor under §L of this regulation.

(2) If the Commission investigates a principal entity’s application for qualification and determines that the principal entity is qualified:

(a) The Commission shall recognize the qualification determination for 5 years from the date the principal entity is found qualified; and

(b) If the same qualified principal entity is identified in a subsequent license application within the 5-year period described in §M(2)(a) of this regulation, the principal entity is not required to submit a new principal entity disclosure form.

(3) A qualified principal entity shall comply with the continuing obligation requirements described in Regulation .01 of this chapter.

(4) If a qualified principal entity no longer meets a qualification requirement, the Commission may require the principal entity to:

(a) File a new principal entity disclosure form;

(b) Submit to a new background investigation; and

(c) Pay all fees and costs associated with the new principal entity disclosure form and investigation.

.12 Video Lottery Employee Licenses.

A.—B. (text unchanged)

C. Requirements. The Commission may issue a video lottery employee license to an individual who has or has had on their behalf:

(1)—(9) (text unchanged)

(10) Provided the Commission with sufficient information, documentation, and assurances to establish, by clear and convincing evidence, that the individual:

(a) [Has] Except as provided in §L of this regulation, has not been mandatorily disqualified under State Government Article, §9-1A-14(c), Annotated Code of Maryland;

(b)—(c) (text unchanged)

D. (text unchanged)

E. Employment [by] of a Video Lottery Employee Licensee.

(1) (text unchanged)

(2) Nothing in this chapter precludes a licensee from being employed by more than one video lottery facility or sports wagering licensee, concurrently or consecutively, while the individual’s license is in good standing.

(3) A video lottery employee’s second or subsequent employment with a licensee or a sports wagering licensee does not change the term of the individual’s license.

(4) Without filing an application for a sports wagering employee license, a video lottery employee may be employed by a sports wagering licensee if:

(a) The individual will perform work for the sports wagering licensee that is comparable to work performed as a video lottery employee; and

(b) The individual’s license is in good standing.

(5) Under State Government Article, §9-1A-24(c)(2), Annotated Code of Maryland, a video lottery employee who is 18 to 20 years old may enter, or remain on, the gaming floor if the employee is working.

F. A licensed video lottery employee, [sponsored gaming employee] or temporary licensee, may not play a video lottery terminal or table game at, or receive a jackpot from, a facility:

(1) — (3) (text unchanged)

G. A sports wagering employee who is employed as a video lottery facility employee is subject to the restrictions in:

(1) Section F of this regulation; and

(2) COMAR 36.10.06.07.

[G.] H.—[I.] J. (text unchanged)

K. Relinquishment of a License.

(1) An individual who is licensed as a video lottery employee may relinquish the license.

(2) A licensee shall relinquish a license in writing by submitting to Agency staff a document that:

(a) Includes the licensee’s name and date of request;

(b) Clearly expresses the individual’s desire to knowingly and voluntarily relinquish, end, or otherwise give up the individual’s licensure; and

(c) Gives a reason for the request.

(3) Agency staff may accept a relinquishment request that is consistent with §K(2) of this regulation.

(4) Agency staff shall update the Agency’s records to show the voluntary relinquishment.

(5) By submitting a written relinquishment request of a video lottery employee license under §K(2) of this regulation, the individual acknowledges that:

(a) The State is not financially responsible for any consequences resulting from the relinquishment of the individual’s license;

(b) Regardless of relinquishment, the Agency shall maintain an individual’s licensing records, to which public access is governed by General Provisions Article, §4-201, et seq., Annotated Code of Maryland;

(c) Although relinquishment ends an individual’s obligation to comply with the Commission’s licensing requirements, relinquishment does not change or affect any other obligation.

(6) Agency staff may deny a relinquishment request from an individual who is not in good standing.

(7) An individual who has relinquished a video lottery employee license may request that the Commission return the license to active status, and the Commission may require the individual to:

(a) Submit fingerprint cards; and

(b) Provide any other information that staff requires.

L. Exemption from Mandatory Disqualification.

(1) Definition. In this section, “problem-solving court” means:

(a) A judiciary program under the Office of Problem-Solving Courts of the Maryland Administrative Office of the Courts; or

(b) A program from another state that:

(i) Provides a collaborative, therapeutic, nonadversarial approach to judicial supervision of eligible offenders; and

(ii) Is comparable to a judiciary program described in §L(1)(a) of this regulation.

(2) Except for a crime involving gambling, an applicant for a video lottery employee license is not disqualified from licensure under State Government Article, §9-1A-14(c)(1)(iii) or (iv), Annotated Code of Maryland, for a nonviolent misdemeanor offense for which the applicant has:

(a) Been convicted or is on active parole, probation, or prosecution; and

(b) Participated in and completed a problem-solving court program described in §L(1) of this regulation.

(3) An applicant shall provide the Commission with documentation to verify the applicant’s exemption from disqualification under §L(2) of this regulation.

.13 Manufacturer Licenses.

A. General.

(1) Unless a manufacturer holds a valid manufacturer’s license issued by the Commission or Agency staff before conducting business with a licensee or the State, the manufacturer may not offer any video lottery terminal, table game device, central monitor and control system, associated equipment or software, or goods or services that directly relate to the operation of video lottery terminals or table games under State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland.

(2) (text unchanged)

B. Qualification Requirements. [After conducting a hearing that complies with the requirements of COMAR 36.01.02.06, the Commission] Agency staff may issue a manufacturer license to a manufacturer that has:

(1)—(2) (text unchanged)

(3) Furnished the Commission or Agency staff with the information and documentation required under this chapter;

(4) (text unchanged)

(5) Provided the Commission or Agency staff with sufficient information to establish that the manufacturer has otherwise qualified for a manufacturer license; and

(6) (text unchanged)

C. Application and License Fees.

(1) The application fee [is:] for a:

(a) [$10,000 for a manufacturer of a video lottery terminal or table game device;] Tier 1 manufacturer is $10,000; and

[(b) $10,000 for a manufacturer of a central monitor and control system;

(c) $10,000 for a manufacturer of associated equipment and software;

(d) $10,000 for a distributor or reseller of a video lottery terminal, a table game device, a central monitor and control system, or associated equipment and software; and]

[(e)] (b) [$1,200 for a manufacturer that produces a product that:] Tier 2 manufacturer is $1,200.

[(i) Is related to video lottery terminals, table games, or associated equipment and software that is intended for sale, lease, or other assignment to a licensee;

(ii) Does not have the ability to impact the integrity of a game; and

(iii) Is not essential to table game play.]

(2) The license fee [is:] for a:

(a) Tier 1 manufacturer of a central monitor and control system is $25,000;

[(a)] (b) [$5,000 for a manufacturer of] Tier 1 manufacturer of a video lottery terminal or table game [device] equipment is $5,000;

[(b) $25,000 for a manufacturer of a central monitor and control system;]

(c) [$5,000 for a] Tier 1 manufacturer of associated equipment and software in §C(2)(a) or (b) of this regulation is $5,000;

(d) [$1,000 for a distributor or reseller of] Tier 1 manufacturer that distributes or resells a video lottery terminal, a table game device, a central monitor and control system, or associated equipment and software is $1,000; and

(e) [$800 for a manufacturer that produces a product that is:] Tier 2 manufacturer is $800.

[(i) Is related to video lottery terminals, table games, or associated equipment and software that is intended for sale, lease, or other assignment to a licensee;

(ii) Does not have the ability to impact the integrity of a game; and

(iii) Is not essential to table game play.]

D. The manufacturer license authorizes the licensee to manufacture or distribute a video lottery terminal, table game equipment, central monitor and control system, and associated equipment and software to the Commission or a [video lottery destination location] facility operator in the State.

E. (text unchanged)

F. Term; Renewal; License Renewal Fee.

(1) The term of a Tier 1 and Tier 2 manufacturer license is 5 years from the date of initial licensure.

(2) (text unchanged)

(3) [The Commission] Agency staff may renew the license if the manufacturer licensee:

(a) [submits] Submits an application for renewal to the Commission at least 6 months before the manufacturer’s license expires; [and the licensee:]

[(a)] (b)[(b)] (c) (text unchanged)

[(c)] (d) Pays a license renewal fee [in the amount of the license fee that is required under §C(2) of this regulation].

(4) The license renewal fee for a:

(a) Tier 1 manufacturer of a central monitor and control system is $25,000;

(b) Except as provided in §F(4)(a) of this regulation, Tier 1 manufacturer is $5,000; and

(c) Tier 2 manufacturer is $800.

G. Background Investigation Deposit.

(1) A $2,000 background investigation deposit is required at the time an applicant files a manufacturer license application.

(2) If the deposit is exhausted prior to completion of the background investigation, the applicant will be billed for any additional investigative costs the Commission incurs.

.14 Contractor Licenses.

A. General. If a video lottery operation licensee engages a Tier 1 or Tier 2 contractor to provide services described in [COMAR 36.03.01.02B(1)] COMAR 36.03.01.02B(2), the contractor shall qualify under the standards and provisions set forth in State Government Article, §§9-1A-07 and 9-1A-08, Annotated Code of Maryland.

B. Qualification Requirements. [The Commission] Agency staff may issue Tier 1 or Tier 2 a contractor license to a [contractor that] person that has provided the Commission or Agency staff with sufficient information to establish by clear and convincing evidence that it:

(1)—(2) (text unchanged)

C. The Commission may charge a Tier 1 or Tier 2 contractor for the administrative costs associated with performing a background investigation.

D. Application and License Fees.

(1) [Application Fees.] For a Tier 1 contractor:

(a) [Except as provided in §D(1)((b) of this regulation, the application fee for a contractor] The application fee is $1,500[.];

(b) [The application fee is $750 for a contractor that provides a service that is essential to the operation of a facility service, but has no contact with or access to a:

(i) Central operating system;

(ii) Facility’s video lottery system;

(iii) Video lottery terminal; or

(iv) Table game.] The license fee is $2,500; and

(c) The Background investigation deposit is $2,000.

(2) [License Fees.] For a Tier 2 contractor:

(a) [Except as provided in §D(2)((b) of this regulation, the license fee for a contractor is $2,500.] The application fee is $750;

(b) The license fee is $800; and [for a contractor that provides a service that is essential to the operation of a facility service, but has no contact with or access to a:

(i) Central operating system;

(ii) Facility’s video lottery system;

(iii) Video lottery terminal; or

(iv) Table game.]

(c) The background investigation deposit is $2,000.

E. Term; Renewal; Fees.

(1) The term of a Tier 1 and Tier 2 contractor license is 5 years from the date of the initial licensure.

(2) (text unchanged)

(3) [The Commission] Agency staff may renew the license if the contractor licensee:

(a)—(c) (text unchanged)

(d) Pays a license renewal fee [in the amount of the license fee that is required under §D(2)(a) or (b) of this regulation].

(4) The license renewal fee for a:

(a) Tier 1 contractor is $2,500; and

(b) Tier 2 contractor is $800.

(5) The background investigation deposit for license renewal of a Tier 1 or Tier 2 contractor is $2,000.

F. A Tier 1 and Tier 2 contractor is exempt from:

(1)—(2) (text unchanged)

.16 Denial of a License.

A. Denial of a Video Lottery Employee, Manufacturer, or Contractor License.

(1) [Except for an operation license, in] In addition to the hearing requirements in §B of this regulation, the following process shall precede a hearing on the denial of a video lottery employee, manufacturer, or contractor license.

(2)—(12) (text unchanged)

(13) Following a hearing at which a license is denied, the Commission shall:

(a)—(b) (text unchanged)

B. (text unchanged)

.17 Vendor Registration [and Certification].

A. [Definition] Definitions. In this regulation, the following terms have the meaning indicated.

[(1) In this regulation, the following term has the meaning indicated.

(2) Term] B. Terms Defined.

(1) “Commission” means Agency staff in this regulation.

(2) Vendor.

(a) “Vendor” means a person [who provides] that:

(i) Provides goods or services at a value of $50,000 or more to a video lottery operation applicant or licensee; and [who is]

(ii) Is not required to be licensed as a manufacturer or contractor under State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or this [subtitle, and includes:] chapter.

(b) “Vendor” does not include:

(i) Public utilities that provide water, sewerage, electricity; or natural gas;

(ii) Insurance companies that provide insurance to a video lottery applicant or licensee or its employees;

(iii) Employee benefit and retirement plans, including 401(k) plans and employee stock purchase programs;

(iv) Professional associations that receive funds from the video lottery applicant or licensee for the cost of enrollment, activities, and membership;

(v) Units of federal, State, county, or municipal government;

(vi) Manufacturers of alcoholic beverages;

(vii) State-chartered or federally chartered banks or savings and loan associations;

(viii) Providers of professional services, including accountants, attorneys, engineers or architects, and others identified by Agency staff to be providers of professional services;

(ix) Telecommunication, satellite, or internet services;

(x) Parcel shipping and delivery services;

(xi) Persons that engage in efforts to influence legislative or administrative action on behalf of a video lottery operation applicant or licensee for economic consideration;

(xii) Educational or training opportunities for facility employees;

(xiii) Professional or amateur entertainers, sports figures, social media personalities, or other celebrities engaged by a video lottery operation licensee to appear at a licensee-sponsored entertainment or promotional event;

(xiv) Representatives of a media outlet or provider of a simulcast service;

(xv) A vendor that provides, or anticipates providing, within a calendar year a combined total value of nongaming related goods and services to State video lottery operation applicants or licensees of less than $50,000; or

(xvi) A vendor for whom the Commission determines is not necessary in order to protect the public interest.

[(a) Suppliers of alcoholic beverages;

(b) Suppliers of food and nonalcoholic beverages;

(c) Refuse handlers;

(d) Vending machine providers and service personnel;

(e) Janitorial and maintenance companies;

(f) Tenant businesses or franchises located within facilities if such goods and services are not gaming related;

(g) Providers of transportation services if such services are not gaming related;

(h) Persons involved in the construction of a facility;

(i) Lessors of real property or goods;

(j) Payroll services and other employer related services;

(k) Employee recruiting services; and

(l) Persons whose services the Commission reviews and determines must be registered or certified under this regulation.]

[B.] C. [A] Except as provided in §§D and G of this regulation, a vendor that conducts business with a video lottery operation applicant or licensee shall be registered [or certified by] with the Commission. [if the vendor is not exempt, and:]

[(1) The vendor is providing nongaming related goods and services to a video lottery operation applicant or licensee for a value described in §D or E of this regulation; or

(2) The Commission:

(a) Reviews a vendor’s services and determines that registration or certification is required to protect the public interest of the State or accomplish the policies in State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, and this subtitle; and

(b) Notifies the vendor that registration or certification is required.]

[C. The following persons that provide any of the enumerated services to a video lottery operation applicant or licensee are exempt from vendor registration and certification requirements:

(1) Public utilities that provide:

(a) Water;

(b) Sewerage;

(c) Electricity; or

(d) Natural gas;

(2) Insurance companies that provide insurance to a video lottery applicant or licensee or its employees;

(3) Employee benefit and retirement plans, including 401(k) plans and employee stock purchase programs;

(4) Professional associations that receive funds from the video lottery applicant or licensee for the cost of enrollment, activities, and membership;

(5) Units of federal, State, county, or municipal government;

(6) Manufacturers of alcoholic beverages;

(7) State-chartered or federally chartered banks or savings and loan associations;

(8) Providers of professional services, including accountants, attorneys, engineers or architects, and others identified by Commission staff to be providers of professional services;

(9) Telecommunication, satellite, or internet services;

(10) Shipping services;

(11) Persons that engage in efforts to influence legislative or administrative action on behalf of a video lottery operation applicant or licensee for economic consideration;

(12) Educational or training opportunities for facility employees;

(13) Professional entertainers, sports figures, or other celebrities engaged by a video lottery operation licensee to appear at a licensee-sponsored entertainment or promotional event;

(14) Representatives of a media outlet or provider of a simulcast service;

(15) A vendor that provides, or anticipates providing, within a calendar year a combined total value of nongaming related goods and services to State video lottery operation applicants or licensees of less than $20,000; or

(16) A vendor for whom the Commission determines registration or certification is not necessary in order to protect the public interest.]

[C-1.] D. Certain Vendors Exempt from [Certification or] Registration Requirements[:].

(1) A vendor is exempt from [certification or] registration requirements if it provides, or anticipates providing, goods or services that a video lottery operator purchases solely to be given to a player.

(2)—(3) (text unchanged)

[D.] E. Vendor Registration.

(1) A vendor that provides, or anticipates providing, [in a calendar year] nongaming related goods and services to a single video lottery operation applicant or licensee [that are valued from $20,000 to $299,999] shall be registered with the Commission.

(2) The video lottery operation applicant or licensee to which a vendor provides, or anticipates providing, the nongaming related goods and services shall submit to the Commission a completed registration form in a format designated by the Commission that includes:

(a)—(b) (text unchanged)

(c) Type of [service] goods or services provided;

(d) (text unchanged)

(e) [Verification] Documentation that:

(i) [the] The vendor’s business is in good standing or active with the Maryland State Department of Assessment and Taxation; or

(ii) The vendor is not a legal entity that is required to register with the Maryland State Department of Assessments and Taxation;

(f)—(g) (text unchanged)

(3) (text unchanged)

[E. Vendor Certification.

(1) A vendor shall be certified by the Commission if it provides, or anticipates providing, in a calendar year nongaming related goods and services to:

(a) A single video lottery applicant or licensee that are valued at or above $300,000; or

(b) Multiple video lottery applicants or licensees that are valued at or above $600,000.

(2) A vendor that provides, or anticipates providing, the nongaming related goods and services shall submit to the Commission a:

(a) Completed certification form in a format designated by the Commission that includes:

(i) Vendor name;

(ii) Vendor business address;

(iii) Each video lottery operation applicant or licensee in the State with which it does or expects to do business;(

(iv) Type of service provided;

(v) Total value of goods or services provided to video lottery applicants or licensees in the State within a calendar year;

(vi) Any other jurisdiction where it conducts business related to a video lottery operation;

(vii) Verification that the vendor’s business is in good standing with the Maryland Department of Assessment and Taxation; and

(viii) Any other information the Commission requires; and

(b) Certification fee of $1,000.

(3) Upon receipt of a certification fee and completed certification form, the Commission shall verify the information provided by the vendor and:

(a) If the Commission determines that the vendor’s conduct of business with a video lottery operation applicant or licensee is consistent with the public interest of the State and the policies in State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, and this subtitle, grant the vendor’s application for certification; or

(b) If the Commission determines that the vendor’s conduct of business with a video lottery operation applicant or licensee is contrary to the public interest of the State or the policies in State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, or this subtitle, deny the vendor’s request for certification.

(4) The Commission shall provide the vendor with written notification of its decision.]

F. Except as provided in §G of this regulation, a [nonexempt] vendor may not [conduct business that relates] provide goods or services related to [facility operations with] a video lottery operation applicant or licensee until it is registered [or certified by] with the Commission.

G. Emergency Notification. An applicant or licensee may accept goods or services from a vendor that is not registered [or certified] by the Commission if:

(1) (text unchanged)

(2) [Unless the vendor is exempt under §C] Except as provided in §C of this regulation:

(a) No later than the next State business day after the vendor’s emergency provision of goods or services, the applicant or licensee shall submit to the Commission a vendor emergency notification form that includes an explanation of the need for its emergency use of a vendor that is not registered [or certified by] with the Commission; and

(b) Within 20 business days of submitting the vendor emergency notification form[:

(i) The], the applicant or licensee shall submit to the Commission a vendor registration form. [; or

(ii) The vendor shall submit to the Commission a vendor certification form and the $500 certification fee.]

H. A vendor’s registration [or certification]:

(1) Remains in effect for 5 years from the date the Commission approves the registration [or certification];

(2) May be renewed by the Commission if the [applicable] vendor submits the required form, and [any required] renewal fee required in §I of this regulation, [are submitted] as required under §D [or E] of this regulation at least 90 days before the expiration of 5 years from the date of written notification under §D(3) [or E(3)(c)] of this regulation;

(3)—(4) (text unchanged)

I. Renewal [Fees] Fee.

[(1) For a registered vendor, the] The renewal fee for a vendor is $100.

[(2) For a certified vendor, the renewal fee is $500.]

J. The Commission’s decision to deny or cancel a vendor registration [or certification], or to deny the renewal of a vendor registration [or certification], does not give rise to an appeal right under the contested case provisions of the Maryland Administrative Procedure Act.

K. The Commission may maintain and make publicly available a list of:

(1) Registered [and certified] vendors; and

(2) Vendors that are prohibited from doing business with a video lottery operation applicant or licensee because the Commission has denied or cancelled their application or registration [or certification].

L. A video lottery operation applicant or licensee shall:

(1) (text unchanged)

(2) Ensure that a vendor appearing on its monthly vendor payments report is:

(a) (text unchanged); or

(b) [Certified; or

(c)] Exempt.

 

36.03.03 Video Lottery Operation License

Authority: State Government Article, §§9-1A-02, 9-1A-04, 9-1A-07, 9-1A-08, 9-1A-11, 9-1A-13, 9-1A-19, 9-1A-23, 9-1A-24, and 9-1A-36, Annotated Code of Maryland

.01 General.

A. This chapter articulates the standards which the Commission shall use to [qualify an applicant for a video lottery facility operation license.]:

(1) Qualify an applicant for a video lottery facility operation license; and

(2) Renew a video lottery facility operation license.

B. (text unchanged)

.05 Issuance of License; Term.

A. The Commission shall issue an operation license to the applicant selected for award by the Location Commission.

B. For an original license for a location that was awarded by the Video Lottery Facility Location Commission and issued by the Commission, the term of a license is 15 years from the date issued.

C. As described in Regulation .10 of this chapter, upon timely and proper application, the Commission shall renew the operation license of a qualified operator.

D. A renewal term of a license is 15 years from expiration of the existing term.

.06 Continuing Obligations.

A. Upon issuance or renewal of an operation license, a license holder shall exercise all diligence in fulfilling the specific requirements set out in the Location Commission’s request for proposals and the specific details in its license application, including all of the details in the final proposal that the license holder submitted to, and was approved by, the Location Commission.

B.—C. (text unchanged)

.07 Automated Teller Machines.

A. Placement; Limitations.

(1) (text unchanged)

(2) Gaming Floor. The proximity of an automated teller machine to a video lottery terminal or table game that is on a gaming floor is subject to the following limitations:

(a) (text unchanged)

(b) There may be no more than one automated teller machine for every [100] 75 video lottery terminals and table game seats.

B.—C. (text unchanged)

.10 Renewal of Operation License.

A. General.

(1) Unless otherwise specified, nothing in this chapter changes a requirement set forth in applicable law or regulation.

(2) Unless the Commission finds that the licensee is not qualified to hold a license, the Commission shall renew an operation license.

B. Notice of Intent to Apply for Renewal.

(1) If a licensee seeks renewal of its operation license, the licensee shall submit to the Commission a timely and proper notice of intent to apply for renewal:

(a) At least 2 years, but not more than 5 years, before the expiration of a license term; and

(b) In a form and format required by the Commission.

(2) The notice of intent shall include:

(a) Name under which the licensee operates;

(b) Identification of all persons that are legal or beneficial owners as defined in State Government Article, §9-1A-05(d), Annotated Code of Maryland, and COMAR 36.03.01;

(c) An affidavit signed by an authorized representative affirming that the licensee:

(i) Intends to apply for license renewal;

(ii) Is currently in compliance with all applicable requirements in State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland, and this subtitle;

(iii) Acknowledges that the Agency may begin investigating the licensee’s qualifications upon receiving the notice of intent;

(iv) Acknowledges that the licensee is responsible for reimbursing the Agency for the cost of the investigation;

(v) Attests to the truth and accuracy of the notice of intent; and

(vi) Agrees to the release of information; and

(d) Any other information the Commission requires.

C. Application to Renew Video Lottery Operation License.

(1) If a licensee submitted a timely and proper notice of intent to apply for renewal of the operation license, the licensee may submit an application to renew the license.

(2) A licensee shall submit an application to renew:

(a) At least 1 year, but not more than 5 years, before the expiration of a license term; and

(b) In a form and format required by the Commission.

(3) The application shall include:

(a) Proof of the $1,000,000 performance bond;

(b) Proof of the $2,000,000 payment bond;

(c) Proof of the $100,000 fidelity bond; and

(d) Any other information the Commission requires.

(4) After completing the investigation of qualifications under §D of this regulation, the Agency shall provide the Commission with the investigation results and a recommendation about the licensee’s qualifications.

(5) If the Agency recommends the Commission find the licensee qualified, the Commission shall issue a license renewal.

(6) If the Agency recommends that the Commission find the licensee not qualified, the Commission shall notify the licensee of the recommendation and provide the licensee with due process required for denial of a license application in COMAR 36.03.02.16.B.

D. Investigation of Qualifications.

(1) The Commission may choose to commence its investigation no sooner than 2 years before expiration of the licensee’s current license.

(2) If an application is submitted prior to 2 years before the expiration of the licensee’s existing license, the licensee shall:

(a) Update its license application within 2 years of the expiration of the existing license; and

(b) Provide any additional information required by the Commission.

(3) The Agency shall:

(a) Conduct the investigation of the licensee’s qualifications in the same manner as under COMAR 36.03.02; and

(b) Apply the qualification criteria in Regulation .04B and C of this chapter.

(4) A licensee shall pay a deposit and submit reimbursement to the Commission for the costs of the investigation.

E. License Renewal Fee.

(1) If the Commission renews a video lottery facility operation license, the licensee shall pay the license renewal fee in equal annual installments, as provided in State Government Article, §9-1A-13(d)(6), Annotated Code of Maryland.

(2) For each 5-year period of the 15-year renewal term, the video lottery licensee shall pay an amount calculated as the most recent 3-year average of:

(a) 0.75 percent of the amounts wagered less the amounts paid as prizes for VLTs and banked table games; and

(b) plus 0.75 percent of the facility share of non-banked table game revenues.

(3) On or before the date the Commission renews the license, the licensee shall pay the first installment of the license renewal fee, representing 20 percent of the total fee due.

(4) Subsequent payments shall be paid on the anniversary of the license renewal.

(5) At the conclusion of each 5-year period, a new 3-year average will be calculated as the basis for the renewal fee payments over the next 5 years.

 

36.03.06 Enforcement of Voluntary Exclusion Program

Authority: State Government Article, §9-1A-24, Annotated Code of Maryland

.03 Requirements.

A. Definitions.

(1)—(2) (text unchanged)

B. A facility operator shall:

(1)—(6) (text unchanged)

(7) Ensure that the gambling assistance message is printed on ticket stock; [and]

(8) Place in the facility responsible gambling awareness materials according to its responsible gaming plan required under Regulation .02 of this chapter[.]; and

(9) Ensure that the gambling assistance message is conspicuous and readable.

 

36.03.08 Collection of Taxes, Fees, and Penalties

Authority: State Government Article, §§9-1A-01, 9-1A-04, 9-1A-13, 9-1A-26, and 9-1A-33, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Fee” means an amount established by the Commission that an applicant or licensee is required to pay and includes:

(a)—(b) (text unchanged)

(c) An application, license, or renewal fee under COMAR 36.03.02, 36.03.03, and 36.04.02;

(d) An annual fee of $425 for each authorized video lottery terminal on a video lottery terminal operator’s license, to be paid by a video lottery operation licensee as required by State Government Article, §9-1A-33, Annotated Code of Maryland, and COMAR 36.04.02.02;

(e) [An] For the highest number of table games in use on a single gaming day in the applicable calendar year, an annual fee of $500 [for each table game] to be paid by a video lottery operation licensee for each table game as authorized by State Government Article, §9-1A-33, Annotated Code of Maryland; [and]

(f) Except for [a] an initial license fee for a video lottery operation license, any other fee imposed by the Commission under State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland[.]; and

(g) A renewal of a video lottery facility license under COMAR 36.03.03.10.

(2)—(3) (text unchanged)

.04 Collection and Deposit of Payments.

A. (text unchanged)

B. The Commission shall deposit payment of:

(1) [An] Except as provided in §B(3) of this regulation, an application, license, renewal, or other fee into a bank account that the State Treasurer designates to the credit of the State Lottery and Gaming Control Agency Fund to cover the Commission’s administrative costs related to licensing; [and]

(2) A fee into the Problem Gambling Fund established in the Maryland Department of Health under State Government Article, §9-1A-33(b), Annotated Code of Maryland:

(a) (text unchanged)

(b) An annual fee of $500 for a table game[.]; and

(3) A fee for renewing a video lottery facility operator license as authorized in State Government Article, §9-1A-13, Annotated Code of Maryland, into the Education Trust Fund established in State Government Article, §9-1A-30, Annotated Code of Maryland.

C. (text unchanged)

D. The failure of a licensee to timely pay a fee or penalty is a violation of [an order] a directive of the Commission.

E.—G. (text unchanged)

 

36.03.10 Video Lottery Facility Minimum Internal Control Standards

Authority: Family Law Article, §10-113.1; State Government Article,
§§9-1A-01(u), 9-1A-02, 9-1A-04, and 9-1A-24; Annotated Code of Maryland

.16 Internal Audit Department Standards.

A.—C. (text unchanged)

D. The audit department shall audit at least annually:

(1)—(5) (text unchanged)

[(6) Accounts payable;

(7) Purchasing;]

[(8)] (6)[(9)] (7) (text unchanged)

E. (text unchanged)

.20 Checks Accepted from a Player.

A.—E. (text unchanged)

F. A facility operator may not:

(1) (text unchanged)

(2) Except for a check issued under §§E [and], J, and K of this regulation, accept from a player under this regulation a check or multiple checks which in the aggregate exceed [$30,000] $50,000 during a gaming day.

G.—J. (text unchanged)

K. [Subject to the limit in §F(2) of this regulation] On a single gaming day, a facility operator may accept a check [issued to an individual as a payout in connection with gaming activity from a facility operator that holds a valid gaming license in another jurisdiction.] or multiple checks which:

(1) In the aggregate do not exceed $250,000; and

(2) Were issued to an individual as a payout in connection with gaming activity by:

(a) A facility operator; or

(b) A person that:

(i) Is an affiliate of a facility operator; and

(ii) Holds a valid gaming license in another jurisdiction.

.21 Wire Transfers.

A. A facility operator may accept a negotiable instrument in the form of a wire transfer or ACH transfer from a player to enable the player to take part in gaming or to pay an outstanding debt to a facility operator.

B. A facility operator shall record in its cashiers’ cage accountability any funds accepted by wire transfer or ACH transfer with no documented business purpose other than to enable a player to take part in gaming within 24 hours of receipt of the wire transfer.

C. A facility operator shall develop and include in the internal controls submitted to and approved by the Commission under Regulation .05 of this chapter procedures addressing the acceptance, verification, and sending of wire transfers or ACH transfers meeting the requirements of this regulation.

D. A facility operator’s internal controls shall:

(1) Require preparation of a cashiers’ cage wire transfer or ACH transfer log to record the following information pertaining to a wire transfer or ACH transfer accepted by a facility operator on behalf of a player:

(a) A sequential number assigned by the facility operator to the wire transfer or ACH transfer accepted;

(b) Date and time notice of the wire transfer or ACH transfer was received;

(c)—(f) (text unchanged)

(g) The method by which the facility operator was notified of the receipt of the wire transfer or ACH transfer;

(h)—(i) (text unchanged)

(j) If applicable, a notation that the wire transfer or ACH transfer has been returned under §E of this regulation;

(2) Require that a cashiers’ cage supervisor other than the cashiers’ cage employee who initially documented acceptance of the wire transfer or ACH transfer:

(a) Independently confirm:

(i) Date, time, and method by which the facility operator was notified of the wire transfer or ACH transfer; and

(ii) (text unchanged)

(b) Record the date and time of confirmation in the wire transfer or ACH transfer log; and

(c) Sign the wire transfer or ACH transfer log as completing the confirmation process;

(3) Document the procedures used to:

(a) Establish, verify, and document the identity of a player sending a wire transfer or ACH transfer;

(b) Make the wire transfer or ACH transfer proceeds available to a player at the cashiers’ cage; and

(c) (text unchanged)

(4) Require preparation of a cashiers’ cage wire transfer or ACH transfer log to record the following information pertaining to a wire transfer or ACH transfer sent by a facility operator on behalf of a player:

(a) A sequential number assigned by the facility operator to the wire transfer or ACH transfer sent;

(b)—(g) (text unchanged)

(h) If the request to send a wire transfer or ACH transfer is made in person at the cashiers’ cage, the signature of the player;

(i) If the request to send a wire transfer or ACH transfer is not made in person at the cashiers’ cage, documentation supporting the receipt of a request by the facility operator to send a wire transfer or ACH transfer on behalf of a player;

(j) (text unchanged)

(k) The signature of the cashiers’ cage supervisor or accounting department supervisor authorizing the wire transfer or ACH transfer; and

(5) Document the procedures used to:

(a) Establish, verify, and document the identity of a player requesting that a wire transfer or ACH transfer be sent;

(b) Send the wire transfer or ACH transfer; and

(c) (text unchanged)

E. A facility operator shall take immediate action to return to a player by wire transfer or ACH transfer funds initially accepted by wire transfer or ACH transfer under the following circumstances:

(1)—(2) (text unchanged)

(3) The player has engaged in minimal or no video lottery or table game play since receipt of the wire transfer or ACH transfer.

F. A wire transfer or ACH transfer returned in accordance with §E of this regulation shall be sent to the same individual, financial institution, and account number from which the funds were debited.

G. Return of a wire transfer or ACH transfer shall be recorded in the wire transfer or ACH transfer log maintained under §D of this regulation.

.34 Player Tracking System.

A.—C. (text unchanged)

D. (text unchanged)

E. A facility operator shall provide a player with a record of video lottery terminal and table game spending levels if the player:

(1) Has registered online with the facility operator for the establishment of an account; and

(2) Enters a unique login credential at a:

(a) Self-service kiosk; or

(b) Facility operator’s player rewards website.

 

36.03.11 Facility Standards

Authority: State Government Article, §§9-1A-02, 9-1A-04, 9-1A-11, and 9-1A-23, Annotated Code of Maryland

.05 Gaming Floor Plan.

A.—B. (text unchanged)

C. A gaming floor plan that a facility operator submits to the Commission shall:

(1)—(2) (text unchanged)

(3) Depict the gaming floor with a notation as to:

(a)—(h) (text unchanged)

(i) A clearly delineated route for [and] an individual who is not allowed to play video lottery terminals or table games to bypass the gaming floor;

(j)—(k) (text unchanged)

(4)—(6) (text unchanged)

D. (text unchanged)

E. A facility operator may not implement any change to its approved gaming floor plan without the prior written approval of [the Commission] Agency staff.

 

Subtitle 04 VIDEO LOTTERY TERMINALS

36.04.01 Video Lottery Technical Standards

Authority: State Government Article, §§9-1A-02, 9-1A-04, 9-1A-15, 9-1A-22, and 9-1A-24, Annotated Code of Maryland

.11 Average Payout Percentage.

A.—C. (text unchanged)

D. [A] Unless the paytables have been previously approved by the Commission, a facility may not make available for play a video lottery terminal with an average payout percentage which exceeds 95 percent without the written approval of the Commission.

E.—I. (text unchanged)

 

36.04.02 Video Lottery Terminal Machines

Authority: State Government Article, §§9-1A-04 and 9-1A-21, Annotated Code of Maryland

.01 Purchase or Lease of Video Lottery Terminals[; Manufacturer Incentives].

A. [Except as provided in §B, C, and D of this regulation, the Commission] A facility operator shall:

(1) Purchase or lease video lottery terminals for use in [a] its facility; and

(2) (text unchanged)

[B. For each video lottery terminal used by a facility, a facility in Allegany or Worcester County may submit a written application to the Commission for permission to:

(1) Assume ownership of the machine; or

(2) Obtain the right to lease the machine.

C. For a facility in Anne Arundel or Cecil County:

(1) The Commission shall own each video lottery terminal through March 31, 2015; and

(2) Effective April 1, 2015, a facility shall own or lease each video lottery terminal from a manufacturer that is licensed under COMAR 36.03.02.13.

D. For a facility in Baltimore City or Prince George’s County, the facility shall own or lease the machines.

E. In deciding which video lottery machines to purchase or lease, the Commission shall evaluate bids submitted by a manufacturer of video lottery terminal machines based on:

(1) Price per machine for:

(a) Purchase;

(b) Lease;

(c) Fixed daily rate;

(d) Percentage of proceeds; or

(e) Any other pricing option provided by a manufacturer;

(2) The Commission’s projection of a machine price over:

(a) A 5-year period; or

(b) The remaining life of a master contract for video lottery terminal machines that is in effect at the time a manufacturer submits pricing under §B(1) of this regulation;

(3) A purchase method that is most advantageous to the State; or

(4) Any other factor that serves the best interests of the State.

F. The Commission may cancel or alter a contract for purchase or lease of video lottery terminal machines if one or more eligible applicant for a video lottery facility license fails to obtain a license.

G. Except as provided in §§B, C and D of this regulation, a facility shall operate only video lottery terminal machines that have been purchased or leased by the Commission.

H. The Commission may provide an incentive to a licensed manufacturer of video lottery terminal machines that is based on the performance of the manufacturer’s video lottery terminal machines.]

B. Before placing a video lottery machine into operation in a facility, a facility operator shall obtain written authorization from Agency staff for:

(1) Operating the video lottery terminal on the gaming floor; and

(2) As required under COMAR 36.03.11.05, any corresponding change to the facility gaming floor.

.02 Authorized Video Lottery Terminals.

A. General. A facility operator:

(1) Is authorized to operate the maximum number of video lottery terminals that is specified on its video lottery facility operation license;

(2) Subject to §A(3) of this regulation, may operate less than the number of authorized video lottery terminals on its license; and

(3) Shall submit written notification to Agency staff at least 21 days before temporarily decreasing the number of video lottery terminals on its gaming floor.

B. Request for Reduction.

(1) A facility operator may submit one request each calendar year to reduce the number of authorized video lottery terminals on its video lottery facility operation license.

(2) An operator seeking to reduce the number of authorized video lottery terminals on its license shall submit to Agency staff a written request for reduction no later than December 1 of a calendar year and specify the:

(a) Reason for the request;

(b) Number of video lottery terminals requested to be taken off the license; and

(c) For each video lottery terminal subject to the request:

(i) Device asset number;

(ii) Proposed reconfiguration of the facility’s floor plan after the reduction;

(iii) Proposed date by which the reduction would be implemented; and

(iv) Projected analysis of the impact of the reduction on the facility’s gaming revenue.

(3) Agency Staff may approve or deny a request.

(4) Agency staff shall notify the operator in writing of the effective date of an approved request.

C. Implementation of Approved Request for Reduction.

(1) No later than December 31 following the effective date of an approved reduction request, the operator shall remove the subject video lottery terminals from its gaming floor.

(2) Agency staff shall implement an approved reduction by issuing the operator an amended license certificate.

(3) The operator for which a request for reduction was approved may operate:

(a) A maximum of the number of authorized video lottery terminals on its license; or

(b) Less than the number of authorized video lottery terminals on its license.

(4) The facility operator shall pay all costs incurred by the Commission associated with reducing the number of authorized video lottery terminals from the operator’s license.

(5) A facility operator for which a reduction was approved may not be credited or refunded any portion of the initial license fee paid under State Government Article, §9-1A-36, Annotated Code of Maryland.

(6) For each authorized video lottery terminal on its license, a facility operator shall pay the annual fee of $425 required by State Government Article, §9-1A-33, Annotated Code of Maryland.

(7) Unless otherwise specified, a reduction in the number of authorized video lottery terminals does not change any other applicable requirement.

D. Request to Increase Number of Authorized Video Lottery Terminals on a License.

(1) A facility operator may submit a written request to the Commission to increase the number of authorized video lottery terminals on its license up to and including the allocation limit for its location specified in State Government Article, §9-1A-36(i)(1), Annotated Code of Maryland.

(2) A written request under §D(1) of this regulation shall include the:

(a) Reason for the request;

(b) Number of video lottery terminals to be added to the license;

(c) Proposed reconfiguration of the facility’s floor plan;

(d) Proposed date by which the increase would be implemented; and

(e) Projected analysis of the impact of the increase on the facility’s gaming revenues.

(3) The Commission may approve or deny a request.

(4) To implement an approved request for an increased number of authorized video lottery terminals on its license, the operator shall:

(a) Pay a nonrefundable license fee of $6,000 for each additional video lottery terminal on the license, to accrue to the Education Trust Fund;

(b) At its own expense, purchase or lease, and maintain, the additional video lottery terminals;

(c) Pay all costs incurred by the Commission associated with increasing the number of authorized video lottery terminals on the operator’s license; and

(d) Meet all applicable Commission requirements for placing the additional authorized video lottery terminals on the gaming floor.

(5) For each authorized video lottery terminal on its license, a facility operator shall pay the annual fee of $425 required by State Government Article, §9-1A-33, Annotated Code of Maryland.

(6) Agency staff shall implement an approved increase by issuing the operator an amended license certificate.

(7) The operator for which a request for increase was approved may operate:

(a) A maximum of the number of authorized video lottery terminals on its license; or

(b) Less than the number of authorized video lottery terminals on its license.

E. This regulation does not apply to a request for an increased allocation of video lottery terminals under State Government Article, §9-1A-36(i), Annotated Code of Maryland.

 

Subtitle 07 INSTANT BINGO MACHINES IN ANNE ARUNDEL AND CALVERT COUNTIES

36.07.02 Application and Licensing

Authority: Criminal Law Article, §§12-301.1 and 12-308; State Government Article, §9-110; Annotated Code of Maryland

.12 Manufacturer Licenses.

A. Unless a manufacturer holds a valid manufacturer’s license issued by the Commission or Agency staff, the manufacturer may not offer any instant bingo machine, associated equipment or software, or goods or services that directly relate to the operation of instant bingo machines.

B.—C. (text unchanged)

D. Qualification Requirements. [The Commission] Agency staff may issue a manufacturer license to a person that has:

(1)—(4) (text unchanged)

E.—F. (text unchanged)

G. [The Commission] Agency staff may issue a manufacturer license subject to conditions.

H. Term; Renewal; License Renewal Fee.

(1) (text unchanged)

(2) [The Commission] Agency staff may renew the license if, before the term of the license expires, the licensee applies for renewal[;] and:

(a)—(c) (text unchanged)

I.—J. (text unchanged)

.18 Recommended Actions and Hearings.

[A. The Commission shall conduct a hearing in order to:

(1) Grant or deny a facility or manufacturer license;

(2) Suspend a license; and

(3) Revoke a license.]

A. Recommended Sanctions.

(1) The Director or the Director’s designee may recommend a sanction concerning a license.

(2) If the Director or the Director’s designee recommends a sanction, including revocation, the Director or Director’s designee shall promptly provide the licensee with written notice of the:

(a) Recommendation;

(b) Basis for the recommendation; and

(c) Applicant’s right to request a hearing with the Commission.

(3) A licensee may submit to the Commission a request for a hearing:

(a) Within 15 days of the date of the recommendation of the Director or the Director’s designee; and

(b) Identifying the legal and factual bases for disagreeing with the recommendation of the Director or the Director’s designee.

(4) If a licensee fails to timely submit a hearing request under §A(3) of this regulation the Commission may adopt as final the recommendation of the Director or the Director’s designee.

B. Denial of a License.

(1) After reviewing an application submitted under Regulation .02 of this chapter, the Director or the Director’s designee may recommend that the Commission deny a license.

(2) If the Director or Director’s designee recommends that the Commission deny a license, the Director, or the Director’s designee, shall promptly provide the applicant with written notice of the:

(a)—(c) (text unchanged)

(3)—(10) (text unchanged)

C. (text unchanged)

 

Subtitle 10 SPORTS WAGERING PROVISIONS

36.10.01 General

Authority: Business Regulation Article, §§11-101, 11-524, and 11-815—
11-832; Criminal Law Article, §§12-301.1 and 12-308; State Government Article, §§9-110, 9-1A-01, 9-1A-04, 9-1A-05, 9-1A-11, 9-1A-14, 9-1A-24, [and] 9-1E-01, and 9-1E-17; Annotated Code of Maryland; Ch. 603, §6,
Acts of 2012, and Ch. 10, §23, Acts of 2018

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(9) (text unchanged)

(10) “Beneficial owner” means a person that holds at least a 5 percent interest in an applicant for, or holder of, a license awarded or issued under this subtitle, that is evidenced by:

(a) (text unchanged)

(b) Stock or other ownership in an entity in a chain of parent and subsidiary, or affiliate entities, any one of which participates in the capital or profits of a sports wagering applicant or licensee; [or]

(c) An interest that entitles a person to benefit substantially and is equivalent to ownership by an agreement, relationship, or other arrangement[.]; or

(d) Compensation of a person, in any financial, legal, or beneficial form, if the compensation is based on revenue generated by a sports wagering licensee, including a percentage share on, or any compensation that is tied to, the performance of a sports wagering licensee’s sports wagering operations.

(11)—(30) (text unchanged)

(31) “Independent evaluator” means a person that:

(a) Independently evaluates and rates sports wagering content provided by a sports wagering expert, sports wagering influencer, or content partner; or

(b) Independently evaluates, audits, or rates the accuracy of predictions for sporting event outcomes.

[(31)] (32)[(57)] (58) (text unchanged)

[(58)] (59) Principal Employee.

(a)—(b) (text unchanged)

(c) “Principal employee” does not include a wagering employee, temporary wagering employee, or non-wagering employee.

[(59)] (60)[(71)] (72) (text unchanged)

(73) “Sports wagering content” means:

(a) The setting of odds; or

(b) The prediction of sporting event outcomes of any type provided at no cost, for a fee, or through a subscription or other partnership, including:

(i) Moneylines;

(ii) Against the spread;

(v) Totals;

(iv) Futures;

(v) Parlays; and

(vi) Other outcomes.

(74) “Sports wagering content partner” or “content partner” means an individual who, or a platform that, creates sports wagering content for a sports wagering licensee through contracted work, affiliation, or other partnership.

[(72)] (75) “Sports wagering contractor” or “contractor”:

(a) [means] Means, other than an individual, a person who contracts with a sports wagering licensee to provide services as a Tier 1 or Tier 2 sports wagering contractor, that may include:

[(a)] (i)[(b)] (ii) (text unchanged)

[(c)] (iii) Service, maintenance, update, or repair of sports wagering equipment or associated equipment or software; or

[(d) Ownership or control of a sports wagering licensee; or]

[(e)] (iv) Any other service for which the Commission requires a sports wagering contractor license[.]; and

(b) Includes a person who owns or controls a service described in §B(75)(a) of this regulation.

[(73)] (76) “Sports wagering contractor Tier 1” or “Tier 1 contractor” means a sports wagering contractor that provides sports wagering equipment or services and:

(a) (text unchanged)

(b) Whose services may affect sports wagering payouts or other wagering outcomes;

(c)—(e) (text unchanged)

(f) Provides security for sports wagering operations; [or]

(g) May employ a sports wagering employee that is a principal employee[.];

(h) Is an independent evaluator; or

(i) Is a sports wagering content partner.

[(74)] (77)[(79)] (82) (text unchanged)

(83) “Sports wagering influencer” or “sports wagering expert” means:

(a) A person who creates sports wagering content for the benefit of a sports wagering licensee, a content partner, or the person’s benefit; and

(b) The sports wagering content:

(i) Uses a person’s prestige, popularity, notoriety, or specific knowledge or expertise that is real, implied, or suggested; and

(ii) Attempts to, or does, encourage, induce, or persuade a bettor’s wagering decision.

[(80)] (84)[(82)] (86) (text unchanged)

[(83)] (87) “Sports wagering operation” or “sports wagering operations” means the entirety of a sports wagering [licensees] licensee’s business of conducting sports wagering and related activities, including:

(a)—(e) (text unchanged)

(f) Owning, leasing, or occupying a sports wagering facility; and

[(g) Developing marketing;

(h) Arranging advertising; and]

[(i)] (g) (text unchanged)

[(84)](88)[(95)](99) (text unchanged)

 

36.10.02 All Applicants and Licensees — Applications and Investigations

Authority: State Government Article, §§9-1A-02, 9-1A-04, 9-1A-07, 9-1A-08, 9-1A-20, 9-1A-25, and 9-1E-01—9-1E-15, Annotated Code of Maryland

.10 Principal Entity.

A.—B. (text unchanged)

C. Qualified Principal Entities.

(1) This section does not apply to a principal entity that is an approved institutional investor under §B of this regulation.

(2) If the Commission investigates a principal entity’s application for qualification and determines that the principal entity is qualified:

(a) The Commission will recognize the qualification determination for 5 years from the date that the principal entity is found qualified; and

(b) If the same qualified principal entity is identified in a subsequent license application within the same 5-year period, the qualified principal entity is not required to submit a new principal entity disclosure form.

(3) A qualified principal entity shall comply with the continuing obligation requirements described in Regulation .03 of this chapter.

(4) If a qualified principal entity no longer meets a qualification requirement, the Commission may require the principal entity to:

(a) File a new principal entity disclosure form;

(b) Submit to a new background investigation; and

(c) Pay all fees and costs associated with the new principal entity disclosure form and investigation.

.14 Bonds.

A. The Commission may require an applicant or licensee to obtain a performance bond before the Commission issues or renews a license.

B. The performance bond shall:

(1) [be] Be for the benefit of the State for the faithful performance of the requirements imposed by State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, and Commission regulations[.]; and

(2) Identify the Agency as the obligee.

C. If a performance bond is required for a license, the Commission may not issue or renew a license unless it has:

(1) Exempted the applicant or licensee from the performance bond requirement; or

(2) Received satisfactory [proof] documentation of [a] the performance bond.

D. The Commission may apply a performance bond to the payment of an unpaid liability of the applicant or licensee to the Agency and the State.

E. [Bond] Performance bond amounts and exemptions are specified in regulations that pertain to a specific license.

[F. The Commission may exempt a sports wagering employee from the bond requirement if the employee is:

(1) Covered under another bond that the Commission deems adequate to protect the public interests; or

(2) Employed in a capacity for which the Commission determines the bond is not necessary to protect the public interest.]

 

36.10.03 All Applicants and Licensees — Qualification Requirements

Authority: State Government Article, §§9-1A-02—9-1A-04, 9-1A-07,
9-1A-08 9-1A-14, 9-1A-18—9-1A-20, 9-1A-24, 9-1A-25, and 9-1E-01—
9-1E-15, Annotated Code of Maryland

.02 Qualification Requirements.

A. The Commission or Agency staff may consider an applicant’s qualifications if the applicant has:

(1) (text unchanged)

(2) Unless exempt, provided documentation that [it has acquired the bond; and]:

(a) The applicant has obtained the required performance bond; or

(b) A person authorized to provide a performance bond in the State has approved the applicant for a performance bond; and

(3) [Furnished] Provided the Commission with all required information and documentation.

B.—D. (text unchanged)

.04 Ongoing Requirements and Continuing Obligations for All Licensees.

A.—E. (text unchanged)

F. Other than an individual, a sports wagering licensee may sell or transfer an interest in the ownership of the license, if:

[(1) The licensee, if a Class B or Mobile licensee, was actively engaged in operating sports wagering authorized under its license in the State for at least 3 years from the commencement of its sports wagering operations;]

[(2)](1)[(3)](2) (text unchanged)

G. (text unchanged)

 

36.10.04 Specific Requirements for Sports Wagering Facilities Licensees

Authority: State Government Article, §§9-1E-01—9-1E-15, Annotated Code of Maryland; Ch. 638, Acts of 2023

.02 Process for Obtaining a Sports Wagering Facility License.

A.—F. (text unchanged)

G. [Commission] Agency staff shall determine whether the awardee has met applicable technical and operational requirements in this chapter for a Class A-1, A-2, B-1, or B-2 sports wagering facility license, and determine whether it meets the Commission’s requirements for:

(1) (text unchanged)

(2) Evidence of a performance bond in the amount specified for the license category;

(3)—(16) (text unchanged)

H.—I. (text unchanged)

.03 Class A-1 Sports Wagering Facility License.

A.—C. (text unchanged)

D. The performance bond for a Class A-1 sports wagering facility license is $6,000,000.

E.—G. (text unchanged)

.04 Class A-2 Sports Wagering Facility License.

A.—C. (text unchanged)

D. The performance bond for a Class A-2 sports wagering facility license is $3,000,000.

.05 Class B-1 Sports Wagering Facility License.

A.—C. (text unchanged)

D. The performance bond for a Class B-1 sports wagering facility license is $750,000.

.06 Class B-2 Sports Wagering Facility License.

A.—B. (text unchanged)

C. The performance bond for a Class B-2 sports wagering facility license is $150,000.

D. Request to Change Proposed Facility Location.

(1) An applicant for a Class B-2 sports wagering facility license may submit to the Commission and SWARC a request to amend the application for the sole purpose of altering the proposed location of the sports wagering facility, if:

(a) The Commission qualified the applicant on or before February 15, 2023;

(b) SWARC awarded the applicant’s sports wagering facility license on or before February 15, 2023; and

(c) The Commission has not yet issued the license.

(2) The applicant shall submit its written request to the Commission and SWARC so that the request is received by both commissions on or before December 31, 2023.

(3) If SWARC approves the request, the Commission may:

(a) Consider a timely written request;

(b) In the Commission’s discretion, grant or deny the request; and

(c) Notify the applicant of the outcome.

(4) Nothing in this section may be construed to change or supersede any provision of State Government Article, §9-1E-01, et seq., Annotated Code of Maryland, or any other provision in this subtitle or COMAR 36.11.

 

36.10.05 Specific Requirements for Mobile Sports Wagering Licenses

Authority: State Government Article, §§ 9-1E-01—9-1E-15, Annotated Code of Maryland

.01 General.

A.—E. (text unchanged)

F. The performance bond for a mobile sports wagering license is $1,500,000.

.02 Process for Obtaining a Mobile Sports Wagering License.

A.—F. (text unchanged)

G. [Commission] Agency staff shall determine whether the awardee has met applicable technical and operational requirements in this chapter for a mobile sports wagering license, and determine whether it meets the Commission’s requirements for:

(1) (text unchanged)

(2) Evidence of a performance bond in the amount of $1,500,000;

(3)—(15) (text unchanged)

H.—I. (text unchanged)

 

36.10.06 Specific Requirements for Other Licenses Required for Sports Wagering

Authority: State Government Article, §§9-1A-24, 9-1E-01—9-1E-15, and
9-1E-17,
Annotated Code of Maryland

.02 Online Sports Wagering Operator License.

A.—C. (text unchanged)

D. An applicant for an online sports wagering operator license shall:

(1)—(2) (text unchanged)

(3) If not covered under the online sports wagering licensee’s performance bond for which the sports wagering facility operator licensee is conducting sports wagering, obtain the same performance bond amount that is required for that sports wagering facility license class as provided in [Chapter .05 of this subtitle] COMAR 36.10.05;

(4)—(5) (text unchanged)

E. (text unchanged)

F. [Commission] Agency staff shall determine whether the applicant has met applicable technical and operational requirements for a license, and determine whether it meets the Commission’s requirements for:

(1) (text unchanged)

(2) Evidence of a performance bond in the amount as set forth in §D of this regulation;

(3)—(14) (text unchanged)

G. (text unchanged)

H. Application for an Additional Online Sports Wagering Operator License.

(1) (text unchanged)

(2) For an online sports wagering operator licensee that applies for a second, or successive, license with a different mobile sports wagering licensee within the term of an existing license that is in good standing, the applicant shall:

(a) [submit] Submit an application to the Commission[.]; and

(b) Meet the requirements of §D of this regulation.

(3) The Commission’s approval of [the] online sports wagering operator’s qualifications is valid for 5 years from the date [the Commission issued the previous existing online sports wagering operator license] that the Agency issues the online sports wagering operator license[; and].

(4) Staff may issue additional online sports wagering operator licenses to a qualified licensee.

(5) If the existing term of an online sports wagering operator license is not expired, Agency staff may:

(a) Allow the online sports wagering operator to submit an abbreviated license application for an additional location in a form specified by the Commission;

(b) Qualify the online sports wagering operator for an additional operator license; and

(c) If no problems are identified, issue an additional license without necessity of a qualification hearing.

I. Renewal. An online sports wagering operator license may be renewed by the Commission if the licensee:

(1) (text unchanged)

(2) Continues to comply with all licensing requirements, including obtaining a performance bond for the renewal term;

(3) (text unchanged)

(4) Pays a license renewal fee of $25,000 for each online sports wagering operator license for which it seeks renewal.

 

.03 Sports Wagering Facility Operator License.

A.—C. (text unchanged)

D. An applicant for a sports wagering facility operator license shall:

(1) (text unchanged)

(2) If not covered under the sports wagering facility licensee’s performance bond for which the sports wagering facility operator licensee is conducting sports wagering, obtain the same performance bond amount that is required for that sports wagering facility license class [as provided] set forth in COMAR 36.10.04;

(3)—(4) (text unchanged)

E. (text unchanged)

F. [Commission] Agency staff shall determine whether the applicant has met applicable technical and operational requirements, and determine whether it meets the Commission’s requirements for:

(1) (text unchanged)

(2) Evidence of [payment of] securing a performance bond for the benefit of the Agency and the State in the amount as set forth in §D of this regulation;

(3)—(14) (text unchanged)

G.—H. (text unchanged)

I. Application for an Additional Sports Wagering Facility Operator License.

(1) A sports wagering facility operator may apply for a [license to be a] sports wagering facility operator license for more than one sports wagering facility [licensees] licensee.

(2) A licensee that applies to be an operator for more than one sports wagering facility licensee shall [submit]:

(a) Submit an application to the Commission[.]; and

(b) Meet the requirements of Regulation .02D of this chapter.

(3) (text unchanged)

J. Renewal. [A licensee that has one] Agency staff may renew a sports wagering facility operator license [may be renewed by the Commission] if the licensee:

(1) (text unchanged)

(2) Continues to comply with all licensing requirements, including obtaining a performance bond for the renewal term;

(3) (text unchanged)

(4) [Pays] Submits a license renewal fee of $25,000 for each sports wagering facility operator license for which it seeks renewal.

.04 Sports Wagering Contractor Licenses.

A.—H. (text unchanged)

I. Exemptions from Certain Requirements. A sports wagering contractor is exempt from:

(1) [If] Except as provided in §K of this regulation, if a sports wagering contractor is covered by the performance bond of the sports wagering licensee with which it contracts, bond requirements; and

(2) (text unchanged)

J. (text unchanged)

K. Independent Evaluator.

(1) In addition to complying with requirements for all applicants for a Tier 1 sports wagering contractor license, an applicant for a Tier 1 contractor license that is an independent evaluator:

(a) Shall have demonstrated experience and expertise in evaluating and rating sports wagering content;

(b) Shall have an audit process constructed and maintained by in-house, licensed certified public accountants;

(c) Shall have evaluation and rating procedures that are unable to be adjusted, duplicated, or altered by the persons subject to evaluation;

(d) May not have any direct or indirect financial interest, ownership, or management, including holding any stocks, bonds, or other similar financial interests in any sports wagering activities;

(e) May not receive or share in, directly or indirectly, the receipts or proceeds of any sports wagering activities; and

(f) May not have any revenue-sharing relationship with, or other financial interest in, a sports wagering licensee or sports wagering operator.

(2) Notwithstanding any other requirement in COMAR 36.10, the Commission may require a performance bond in an amount that relates to the work performed by the independent evaluator.

(3) Prohibition on Wagering.

(a) A wager on a sporting event may not be placed by an independent evaluator or a person that is:

(i) Regardless of percentage of ownership, a legal or beneficial owner of an independent evaluator;

(ii) Regardless of compensation amount or type, an employee of an independent evaluator;

(iii) An affiliate of an independent evaluator;

(iv) A person that provides a paid or free service to an independent evaluator that is related to sports wagering; or

(v) An agent or representative of an independent evaluator.

(b) A wager on a sporting event may not be placed by:

(i) An immediate family member or affiliate of a person described in §K(3)(a) of this regulation; or

(ii) A person that Agency staff determines would, if the person wagered, compromise the independence of an independent evaluator.

(4) Compensation of independent evaluator.

(a) Except as provided in §K(4)(b) of this regulation, an independent evaluator may not be compensated by a sports wagering licensee that utilizes the independent evaluator’s evaluation services solely for marketing materials.

(b) A sports wagering licensee that advertises in the State may contract with a licensed independent evaluator to evaluate and rate the licensee’s:

(i) Sports wagering content;

(ii) Sports wagering influencers; and

(iii) Content partners.

(5) Required Submission. For every person described in §K(3) of this regulation, an applicant for licensure as an independent evaluator shall submit to Agency staff documentation that:

(a) Identifies the person;

(b) Explains the means by which the applicant will notify the person of the prohibition; and

(c) Attests that the submission is accurate and complete to the best of the knowledge of the authorized individual who signed the attestation.

(6) Issuance of License. Agency staff may issue a license for a Tier 1 contractor that is an independent evaluator.

.05 Sports Wagering Employee Licenses.

A.—B. (text unchanged)

[C. A sports wagering employee license authorizes a licensee to contract with a sports wagering licensee to conduct or offer the services of a sports wagering contractor to a sports wagering licensee.]

[D.] C. (text unchanged)

[E.] D. Categories.

(1) (text unchanged)

(2) [The Commission] Agency staff may issue a sports wagering employee license to an individual who has, or has had on their behalf:

(a)—(f) (text unchanged)

(g) For an applicant for a non-wagering employee license, documented that the applicant has obtained an offer of at least conditional employment from a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor, and that the employer, or potential employer, has:

(i) Obtained a performance bond if required under COMAR 36.10.04, COMAR 36.10.05, or COMAR 36.10.06; and

(ii) (text unchanged)

(h)—(i) (text unchanged)

E. The Commission may exempt a sports wagering employee from the performance bond requirement if the employee is:

(1) Covered under another bond that the Commission deems adequate to protect public interests; or

(2) Employed in a capacity for which the Commission determines the performance bond is not necessary to protect the public interest.

F. (text unchanged)

.06 Employment of a Sports Wagering Employee.

A.—C. (text unchanged)

D. A wagering or nonwagering employee who is 18 to 20 years old may enter or remain in a restricted area if the employee is working.

[D.] E.—[E.] F. (text unchanged)

.07 Restrictions on Wagering.

A. (text unchanged)

B. A video lottery facility employee who is employed as sports wagering employee is subject to the restrictions in:

(1) [Section A(1)] §A of this regulation; and

(2) COMAR 36.03.02.12F and G.

.09 Temporary Sports Wagering Employee License.

A.—B. (text unchanged)

C. An application for a temporary license shall be in a format designated by the Commission and shall include:

(1)—(2) (text unchanged)

(3) Documentation to verify that the applicant has obtained an offer of at least conditional employment from a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor and that the employer has:

(a) If required under COMAR 36.10.04.03—36.10.04.06, COMAR 36.10.05.02, or COMAR 36.10.06.02—36.10.06.04, obtained a performance bond; and

(b) (text unchanged)

(4) (text unchanged)

D.—I. (text unchanged)

.11 Sports Wagering Vendor Registration and Certification.

A. [Definition] Definitions.

[(1)] In this regulation, the following [term has the meaning] terms have the meanings indicated.

[(2)] B. [Term Defined] Terms Defined.

(1) “Commission” means Agency staff in this regulation.

(2) []Sports Wagering Vendor[].

(a) “Sports wagering vendor” means a person [who] that provides goods or services [to a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor, and] or anticipates providing, within a calendar year:

(i) A combined total value of nongaming related goods and services to a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor of $50,000 or more; and

(ii) [who] That is not required to be issued a sports wagering license or sports wagering contractor license under State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland[, and is a:].

[(a) Supplier of alcoholic beverages;

(b) Supplier of food and nonalcoholic beverages;

(c) Refuse handler;

(d) Vending machine provider, and its service personnel;

(e) Janitorial and maintenance company;

(f) Tenant business or franchise located within a sports wagering facility if such goods and services are not related to sports wagering;

(g) Provider of transportation services if such services are not related to sports wagering;

(h) Person involved in the construction of a portion of a sports wagering facility where sports wagering is conducted;

(i) Lessor of real property or goods;

(j) Provider of payroll, recruiting, and other employer-related services; and

(k) Person whose services the Commission reviews and determines must be registered or certified under this regulation.]

(b) “Sports wagering vendor” does not include:

(i) Public utilities that provide water, sewerage, electricity; or natural gas;

(ii) Insurance companies that provide insurance to a sports wagering license applicant or licensee or its employees;

(iii) Employee benefit and retirement plans, including 401(k) plans and employee stock purchase programs;

(iv) Professional associations that receive funds from the sports wagering license applicant or licensee for the cost of enrollment, activities, and membership;

(v) Units of federal, State, county, or municipal government;

(vi) Manufacturers of alcoholic beverages;

(vii) State-chartered or federally chartered banks or savings and loan associations;

(viii) Providers of professional services, including accountants, attorneys, engineers or architects, and others identified by Agency staff to be providers of professional services;

(ix) Telecommunication, satellite, or internet services;

(x) Parcel shipping and delivery services;

(xi) Persons that engage in efforts to influence legislative or administrative action on behalf of a sports wagering license applicant or licensee for economic consideration;

(xii) Educational or training opportunities for facility employees;

(xiii) Unless the individual is an independent evaluator, professional or amateur entertainers, sports figures, social media personalities, or other celebrities engaged by a sports wagering licensee to appear at a licensee-sponsored entertainment or promotional event;

(xiv) Representatives of a media outlet or provider of a simulcast service;

(xv) A vendor that provides, or anticipates providing, within a calendar year a combined total value of nongaming related goods and services to a State-licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor of less than $50,000; or

(xvi) A vendor for which the Commission determines registration is not necessary.

[B.] C. [A] Except as provided in §§D and G of this regulation, a sports wagering vendor that conducts business with a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor, or an applicant for such a license, shall be registered [or certified by] with the Commission [if the sports wagering vendor is not exempt, and:].

[(1) The sports wagering vendor is providing goods or services to a sports wagering licensee for a value described in §D or E of this regulation; or

(2) The Commission:

(a) Reviews a sports wagering vendor’s services and determines that registration or certification is required to protect the public interest of the State or accomplish the policies in State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, or the Commission’s regulations; and

(b) Notifies the sports wagering vendor that registration or certification is required.

C. The following persons that provide any of the enumerated services to a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor, or an applicant for such license, are exempt from sports wagering vendor registration and certification requirements:

(1) Public utilities that provide:

(a) Water;

(b) Sewerage;

(c) Electricity; or

(d) Natural gas;

(2) Insurance companies that provide insurance to a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor, or an applicant for such license, or its employees;

(3) Employee benefit and retirement plans, including 401(k) plans and employee stock purchase programs;

(4) Professional associations that receive funds from the licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor, or an applicant for such license, for the cost of enrollment, activities, and membership;

(5) Units of federal, State, county, or municipal government;

(6) Manufacturers of alcoholic beverages;

(7) State-chartered or federally chartered banks or savings and loan associations;

(8) Providers of professional services, including accountants, attorneys, engineers or architects, and others identified by Commission staff to be providers of professional services;

(9) Telecommunication, satellite, or internet services;

(10) Shipping services;

(11) Persons that engage in efforts to influence legislative or administrative action on behalf of a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor, or an applicant for such license, for economic consideration;

(12) Educational or training opportunities for employees of a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor, or an applicant for such license;

(13) Professional entertainers, sports figures, or other celebrities engaged by a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor, or an applicant for such license to appear at a licensee-sponsored entertainment or promotional event;

(14) Representatives of a media outlet or provider of a simulcast service;

(15) A sports wagering vendor that provides, or anticipates providing, within a calendar year a combined total value of goods and services that are not related to sports wagering to State sports wagering facilities, mobile sports wagering licensees, online sports wagering operators, sports wagering facility operators, or sports wagering contractors applicants or licensees of less than $20,000; or

(16) A sports wagering vendor for whom the Commission determines registration or certification is not necessary in order to protect the public interest.]

D. Certain Sports Wagering Vendors Exempt from [Certification or] Registration Requirements.

(1) A sports wagering vendor is exempt from [certification or] registration requirements if it provides, or anticipates providing, goods or services that a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor purchases solely to be given to a bettor.

(2)—(3) (text unchanged)

E. Sports Wagering Vendor Registration.

(1) A sports wagering vendor [shall be registered with the Commission if it] that provides, or anticipates providing, goods or services that are not related to a sports wagering operation[:

(a) To] to a single licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor[;] shall be registered with the Commission.

[(b) In a calendar year; and

(c) That are valued from $20,000 to $299,999.]

(2) The sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee to which a sports wagering vendor provides, or anticipates providing, goods and services that are not related to sports wagering shall submit to the Commission a completed registration form in a format designated by the Commission that includes:

(a)—(b) (text unchanged)

(c) Type of [service] goods or services provided;

(d) (text unchanged)

(e) [Verification] Documentation that:

(i) [the] The sports wagering vendor’s business is in good standing or active with the Maryland State Department of Assessments and Taxation; or

(ii) The sports wagering vendor is not a legal entity that is required to register with the Maryland State Department of Assessments and Taxation;

(f)—(g) (text unchanged)

(3) (text unchanged)

[F. Sports Wagering Vendor Certification.

(1) A sports wagering vendor shall be certified by the Commission if it provides, or anticipates providing in a calendar year goods or services that are not related to sports wagering to:

(a) A single sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee that are valued at or above $300,000; or

(b) Multiple sports wagering facilities, mobile sports wagering licensees, online sports wagering operators, sports wagering facility operators, or sports wagering contractor applicants or licensees that are valued at or above $600,000.

(2) A sports wagering vendor that provides, or anticipates providing, goods or services not related to sports wagering shall submit to the Commission:

(a) A completed certification form in a format designated by the Commission that includes:

(i) Sports wagering vendor name;

(ii) Sports wagering vendor business address;

(iii) Each sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee in the State with which it does or expects to do business;

(iv) Type of service provided to each sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee;

(v) Total value of goods or services provided to all sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicants or licensees in the State within a calendar year;

(vi) Identification of any other jurisdiction where it conducts business related to a licensed sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor;

(vii) Verification that the sports wagering vendor’s business is in good standing with the Maryland Department of Assessments and Taxation; and

(viii) Any other information the Commission requires; and

(b) A certification fee of $1,000.

(3) Upon receipt of a certification fee and completed certification form, the Commission shall verify the information provided by the sports wagering vendor, and:

(a) If the Commission determines that the sports wagering vendor’s conduct of business with a sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee is consistent with the public interest of the State and the policies in State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, and the Commission’s regulations, it may grant the sports wagering vendor’s application for certification; or

(b) If the Commission determines that the sports wagering vendor’s conduct of business with a sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant licensee is contrary to the public interest of the State or the policies in State Government Article, Title 9, Subtitle 1E, Annotated Code of Maryland, or the Commission’s regulations, it shall deny the sports wagering vendor’s request for certification.

(4) The Commission shall provide the sports wagering vendor with written notification of its decision.]

[G.] F. Except as provided in [§H] §G of this regulation, a [nonexempt] sports wagering vendor may not [conduct business that relates] provide goods or services related to [sports wagering operations with] a sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee until it is registered [or certified by] with the Commission.

[H.] G. Emergency Notification. A sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee may accept goods or services from a sports wagering vendor that is not registered [or certified by] with the Commission if:

(1) (text unchanged)

(2) [Unless the sports wagering license is exempt under §C] Except as provided in §D of this regulation:

(a) No later than the next State work day after the sports wagering vendor’s emergency provision of goods or services, the sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee shall submit to the Commission a sports wagering vendor emergency notification form that includes an explanation of the need for its emergency use of a sports wagering vendor that is not registered [or certified by] with the Commission; and

(b) Within 20 work days of submitting the sports wagering vendor emergency notification form[:

(i) The], the sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee shall submit to the Commission a sports wagering vendor registration form[; or

(ii) The sports wagering vendor shall submit to the Commission a sports wagering vendor certification form and the $1,000 certification fee].

[I.] H. Term, Renewal, and Cancellation. A sports wagering vendor’s registration or certification:

(1) Remains in effect for 5 years from the date the Commission approves the registration [or certification];

(2) May be renewed by the Commission if the [applicable] vendor submits the required form, and [any required] renewal fee, [are submitted as required under §E or F of this regulation] at least 90 days before the expiration of the registration [5 years from the date of written notification under §E(3) or F(4) of this regulation];

(3)—(4) (text unchanged)

[J.] I. Renewal [Fees] Fee.

[(1) For a registered sports wagering vendor, the] The renewal fee for a sports wagering vendor is $100[; and

(2) For a certified sports wagering vendor, the renewal fee is $500].

[K.] J. The Commission’s decision to deny or cancel a sports wagering vendor registration [or certification,] or to deny the renewal of a sports wagering vendor registration [or certification], does not give rise to an appeal right under the contested case provisions of the Maryland Administrative Procedure Act.

[L.] K. The Commission may maintain and make publicly available a list of:

(1) Registered [and certified] sports wagering vendors; and

(2) Sports wagering vendors that are prohibited from doing business with a sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor applicant or licensee because the Commission has denied or cancelled their application[,] or registration [or certification].

[M.] L. A sports wagering facility, mobile sports wagering licensee, online sports wagering operator, sports wagering facility operator, or sports wagering contractor [Applicant or Licensee] applicant or licensee shall:

(1) (text unchanged)

(2) Ensure that a sports wagering vendor appearing on its quarterly sports wagering vendor payments report is:

(a) Registered; or

[(b) Certified; or]

[(c)] (b) (text unchanged)

 

36.10.10 Enforcement of Voluntary Exclusion Program

Authority: State Government Article, §§9-1A-24 and 9-1E-01—9-1E-15, Annotated Code of Maryland

.03 Requirements.

A. (text unchanged)

B. A sports wagering licensee shall:

(1)—(7) (text unchanged)

(8) Ensure that the gambling assistance message is printed on a sports wagering ticket or sports wagering voucher; [and]

(9) Place in the sports wagering facility and sports wagering platform responsible gambling awareness information according to its responsible gaming plan required under COMAR 36.10.10.02[.];

(10) Ensure that the gambling assistance message is conspicuous and readable; and

(11) Ensure that an advertisement for sports wagering, video lottery terminal, or table game play does not include language that suggests an outcome is guaranteed or without risk.

 

36.10.13 Sports Wagering Licensee Minimum Internal Control Standards

Authority: Education Article §§10-101 and 26-801; State Government Article, §§9-1A-02, 9-1A-04, 9-1A-33, 9-1E-01—9-1E-15[,]; Annotated Code of Maryland

.20 Internal Audit Department Standards.

A.—E. (text unchanged)

F. If applicable, the audit department shall audit at least annually:

(1)—(5) (text unchanged)

[(6) Accounts payable;

(7) Purchasing;]

[(8)] (6)— [(10)] (8) (text unchanged)

G. (text unchanged)

.34 Collection of Cash Storage and Drop Boxes.

A.—D. (text unchanged)

E. A sports wagering licensee’s internal controls shall:

(1) (text unchanged)

(2) Require:

(a) (text unchanged)

(b) [The] Except as provided in §F of this regulation, the cash storage drop box collection process to involve the participation of at least three employees, at least one of whom is an employee of the:

(i)—(ii) (text unchanged)

(c)—(d) (text unchanged)

F. The Commission may allow the holder of a Class B-2 sports wagering license to perform the cash storage drop box collection process with at least two employees, one of whom is an employee of the:

(1) Security department or other department approved by the Commission; and

(2) Accounting department.

[F.] G.[J.] K. (text unchanged)

.40 Security of Funds and Data.

A.—C. (text unchanged)

D. A sports wagering licensee shall maintain a reserve in the form of cash, cash equivalents, an irrevocable letter of credit, surety bond set forth in COMAR 36.10.14, or a combination of these in an amount approved by the Commission and sufficient to pay all winnings and awards offered to a winning bettor as described in COMAR 36.10.14.06.

E. A sports wagering licensee shall implement and prominently publish the following on its platform:

(1)—(5) (text unchanged)

(6) Procedures that allow a bettor to permanently close a user account at any time [and], for any reason[. The procedures shall allow for closing], and by any reasonable means, including [by a bettor] on any platform [used by that] the bettor uses to make deposits into a segregated account.

F. If winnings are awarded to a bettor with a closed account, the winnings[, to the extent that it consists of funds,] shall be distributed by the sports wagering licensee within 7 days.

G. If an account is closed on the basis of the sports wagering licensee’s good faith belief, after investigation, that the bettor has engaged in fraud or has attempted to engage in behavior that would put the sports wagering licensee in violation of this chapter, [such] these winnings may be withheld and redistributed in a manner that reflects the outcome that would have resulted had that bettor not participated.

H.—J. (text unchanged)

.41 Consumer Protection.

A.—B. (text unchanged)

[C. A sports wagering licensee shall be responsible for the submission of the terms and conditions of promotions and the conduct of all promotions offered directly or indirectly by a third-party vendor or marketing affiliate on behalf of the sports wagering licensee.

D. A link to the terms and conditions of all promotions communicated to bettors shall be posted on the sports wagering licensee’s home website as well as any websites the sports wagering contractor operates on behalf of a sports wagering licensee.

E. The terms and conditions shall be stated in a clear and conspicuous manner using plain language and be readily accessible and available for review for the duration of the promotion.

F. A sports wagering licensee shall provide a clear and conspicuous method for a bettor to cancel his participation in a promotion that utilizes restricted sports wagering credits.

G. Upon request for cancellation, the sports wagering licensee or sports contractor shall inform the bettor of the amount of unrestricted funds that will be returned upon cancellation and the value of restricted funds that will be removed from the bettor’s sports wagering account.

H. If the bettor elects to proceed with cancellation, unrestricted funds remaining in a bettor’s sports wagering account shall be returned in accordance with the terms and conditions.

I. A sports wagering licensee may not, once a bettor has met the terms of a promotion, cap or limit winnings earned while participating in the promotion.

J. A sports wagering licensee or a sports wagering contractor may be required to discontinue, as expeditiously as possible, the use of a particular promotion upon receipt of written notice from the Commission that the Commission has determined that the use of the particular promotion in, or with respect to, this Commission could adversely impact the public or the integrity of gaming.

K. A sports wagering licensee or sports wagering contractor may not offer or conduct a promotion which violates any Federal, State or local law.]

C. Promotional Offers — Responsibility of Licensee.

(1) A sports wagering licensee is responsible for the terms, conditions, and conduct of promotions it offers, and those that are offered on behalf of the licensee, directly or indirectly, by a sports wagering contractor or marketing affiliate vendor, including:

(a) Ensuring that the terms and conditions of all promotions are communicated to bettors by a link posted on the licensee’s home website, and on the home website or any website operated on behalf the licensee by a contractor or vendor;

(b) Stating the terms and conditions clearly and in plain language, and displaying them conspicuously so they are readily accessible and available for bettors’ review for the duration of the promotion;

(c) Providing a clear and conspicuous method for a bettor to cancel the bettor’s participation in a promotion that utilizes restricted sports wagering credits;

(d) When a bettor requests cancellation, informing the bettor of the amount of unrestricted funds that will be returned upon cancellation, and the value of restricted funds that will be removed from the bettor’s sports wagering account; and

(e) If a bettor elects to proceed with cancellation, returning unrestricted funds remaining in the bettor’s sports wagering account in accordance with the terms and conditions.

(2) A sports wagering licensee, directly or through a contractor or vendor on behalf of the licensee, may not:

(a) Offer or conduct a promotion which violates any federal, State or local law or regulation;

(b) When a bettor has met the terms of a promotion, cap or limit a bettor’s winnings earned while participating in the promotion;

(c) Include in an advertisement language that suggests the outcome is guaranteed or without risk; or

(d) Advertise, market, promote, offer, or conduct sports wagering in a manner that may adversely impact the public or the integrity of sports wagering.

(3) If Agency staff determine that a sports wagering licensee’s promotion may or does adversely impact the public or the integrity of sports wagering, staff may direct the licensee to immediately cease some or all activities related to the promotion, and may take other enforcement action against a licensee, contractor, or vendor.

D. Sports Wagering Contracts.

(1) Defined Terms. In addition to the terms defined in State Government Article, §9-1E-01, Annotated Code of Maryland, and terms defined in this subtitle, in this section the following terms have the meanings indicated:

(a) “Agent of a regulated gaming entity” includes a marketing firm or other similar entity contracted to perform gaming-related services for a regulated gaming entity.

(b) “Institution of higher education” has the meaning stated in Education Article, §10–101, Annotated Code of Maryland.

(c) “Regulated gaming entity” means:

(i) A mobile sports wagering licensee;

(ii) An online sports wagering operator; or

(iii) A sports wagering licensee.

(d) “Sports marketing entity” means a person that contracts with a sports wagering licensee or regulated entity to provide advertising or marketing services for the sports wagering operations of a regulated entity.

(2) Prohibitions.

(a) An institution of higher education may not enter into a contract with a regulated gaming entity or an agent of a regulated gaming entity if, under the terms of the contract, the institution of higher education receives a commission, a bonus, or any other incentive payment based on the success of securing student participation in sports wagering or online sports wagering.

(b) An institution of higher education may not enter into a contract with a sports marketing entity that enters into a contract with a regulated gaming entity or an agent of a regulated gaming entity if, under the terms of the contract, either the sports marketing entity or the institution of higher education receives a commission, a bonus, or any other incentive payment based on the success of securing student participation in sports wagering or online sports wagering.

(3) A regulated gaming entity may not enter into a contract described in §D (2) of this regulation.

(4) The prohibition described in §D (2) of this regulation do not preclude contract formation between an institution of higher education and:

(a) A regulated gaming entity;

(b) An agent of a regulated gaming entity; or

(c) A sports marketing entity.

(5) Notwithstanding any other provision of law, a contract formed in accordance with §D(4) of this regulation is subject to public inspection in accordance with the Maryland Public Information Act, General Provisions Article, §4-101, et seq., Annotated Code of Maryland.

(6) Mobile sports wagering licensees and online sports wagering operator licensees shall submit written notification to the Commission of any contract it has, or plans to enter into, with a public institution of higher education.

 

36.10.14 Sports Wagering Requirements and Limitations

Authority: State Government Article, §§9-1E-01—9-1E-15 and 9-1E-17, Annotated Code of Maryland

.03 Prohibited Wagers.

A. (text unchanged)

B. A sports wagering licensee may not accept a wager that the licensee knew or should have known:

(1)—(3) (text unchanged)

(4) Was made by an independent evaluator;

[(4)] (5)—[(5)] (6) (text unchanged)

C.—E. (text unchanged)

.06 Reserve.

A. A sports wagering licensee shall maintain a reserve in cash, cash equivalents, irrevocable letter of credit, surety bond set forth in §F of this regulation, or a combination thereof in an amount approved by the Commission to cover the outstanding liability of the sports wagering licensee to bettors.

B.—E. (text unchanged)

F. Surety Bonds.

(1) The sports wagering licensee may obtain a single surety bond or multiple bonds to be used as a cash reserve to pay the current outstanding liability of all winnings and awards offered to a winning bettor as set forth in this regulation and COMAR 36.10.13.40.

(2) A surety bond shall:

(a) Be in a form approved by the Agency and:

(i) Identify the sports wagering licensee or applicant as the principal of the surety bond;

(ii) Indicate what license type and class the sports wagering licensee or applicant offers or intends to offer in the State of Maryland;

(iii) Provide that the surety bond is protected against claims by creditors of the principal, including the patrons for whose benefit and protection the reserve account is established;

(iv) Allow the Director of the Agency or the Director’s designee to make demand upon the surety for the payment of valid winning amounts not paid by the principal;

(v) Require the sports wagering licensee to provide an updated listing of winning wagers that form the basis of the reserve to the Agency within 72 hours;

(vi) Include a statement that within 24 hours of receiving the updated listing of winning wagers that form the basis of the reserve that the Agency will commence review of the list of outstanding patron accounts;

(vii) Include a statement that within 10 business days of the demand made by the Director or the Director’s designee the processing of the payment will commence;

(viii) Include a statement that within 60 days of the demand made by the Director or the Director’s designee issuance of the payment shall occur; and

(ix) Include a statement that if the surety provides written notice of withdrawal, the withdrawal is not effective until 60 days have elapsed after receipt of the notice.

(b) Be by and between the sports wagering licensee or applicant and the surety company;

(c) Identify the Agency as the obligee;

(d) Specify that it guarantees the portion of the sports wagering licensee’s reserve that is not covered by a cash reserve; and

(e) Specify that the surety bond is valid for at least the 5-year license term.

(3) The sports wagering licensee or applicant shall provide the original surety bond to the Agency.

(4) Agency staff may not issue a sports wagering license unless the applicant or awardee has provided Agency staff with a copy of any surety bond that comprises any portion of the reserve the sports wagering licensee is required to hold.

 

36.10.15 Sports Wagering Licensee Facility Standards

Authority: State Government Article, §§9-1E-01—9-1E-15, Annotated Code of Maryland

.03 Facility Design Standards.

The [holder] awardee of a Class A or Class B license shall, at its own expense, construct its facility in accordance with [specifications] requirements established by the Commission, including:

A. For any sports wagering licensee that does not currently hold a video lottery facility operator’s license, at least 100 square feet of office space or an amount approved by [the Commission] Agency staff that is available for use by the [Commission] Agency staff and equipped with:

(1)—(3) (text unchanged)

B. A surveillance system approved in writing by [the Commission] Agency staff that:

(1) Is configured to provide surveillance of all sports wagering related activities within the facility in accordance with standards established by the Commission or Agency staff;

(2) (text unchanged)

(3) Provides [the Commission] Agency staff with timely and unfettered access to its surveillance system;

C. (text unchanged)

D. Any signage required by [the Commission] Agency staff;

E. (text unchanged)

F. Any other equipment or design feature required by the Commission or Agency staff.

.04 Sports Wagering Facility Plan.

A. This regulation is only applicable to the [holder] awardee of a sports wagering facility [licensee] license.

B. At least 60 days before sports wagering operations are to commence, a licensee shall submit a floor plan depicting its facility and all restricted areas to [the Commission] Agency staff for review and written approval.

C. [A licensee] An awardee may not commence operations until its facility plan is approved in writing by [the Commission] Agency staff.

D. A facility plan that [a] an awardee or licensee submits to [the Commission] Agency staff shall:

(1) Be drawn to 1/8-inch scale, unless another scale is approved by [the Commission] Agency staff;

(2) (text unchanged)

(3) Depict any restricted areas within the facility with a notation identifying:

(a)—(e) (text unchanged)

(f) Any area designated as restricted by the awardee or licensee in its [Commission-approved] approved internal controls;

(4)—(5) (text unchanged)

(6) Any other equipment or design feature required by [the Commission] Agency staff.

E. If a facility includes an outdoor area, in addition to the requirements of §D of this regulation, a licensee shall submit to [the Commission] Agency staff a facility plan that includes:

(1)—(3) (text unchanged)

F. A licensee may not implement any change to its approved wagering facility plan without the prior written approval of [the Commission] Agency staff.

Subtitle 11 SPORTS WAGERING APPLICATION REVIEW COMMISSION

36.11.02 All Applicants and Awardees

Authority: State Government Article, Title 9, Subtitles 1A and 1E, Annotated Code of Maryland

.20 Request to Change Proposed Facility Location.

A. This regulation pertains only to awardees of a Class B-2 sports wagering facility license.

B. Notwithstanding any other provision of COMAR 36.11:

(1) An awardee of a Class B-2 sports wagering facility license may submit to SWARC and the Commission a request to amend the application for the sole purpose of altering the proposed location of the sports wagering facility, if:

(a) The Commission qualified the applicant on or before February 15, 2023;

(b) SWARC awarded the applicant’s sports wagering facility license on or before February 15, 2023; and

(c) The Commission has not yet issued the license.

(2) The awardee shall submit its written request to the Commission and SWARC so that the request is received by both commissions on or before December 31, 2023.

(3) The awardee shall submit its request in a form required by both commissions, and shall provide:

(a) The reason for the request;

(b) The new proposed location;

(c) Documentation verifying the new proposed location has appropriate zoning;

(d) An affidavit attesting to the accuracy of the information in its request; and

(e) Any other information SWARC requires.

(4) SWARC may:

(a) Consider a timely written request;

(b) In SWARC’s discretion, grant or deny the request; and

(c) Notify the applicant and the Commission of the outcome.

(5) Nothing in this section may be construed to change or supersede any other provision or requirement in State Government Article, §9-1E-01, et seq., Annotated Code of Maryland, or in this title.

JOHN MARTIN
Director
Maryland Lottery and Gaming Control Agency

 

Special Documents


 

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Public Hearing for Water Quality Certification 23-WQC-0043

 

U.S. Navy, NSA - West Road-Greenbury Point

Attn:  Lisa Dossman - Natural Resources Specialist

West Rd, Greenbury Point, 38.982998 -76.454974

Annapolis, MD 21402

 

Add’l. Info:  Pursuant to COMAR 26.08.02.10F(1), the Maryland Department of the Environment is providing notice of a public hearing for Water Quality Certification request 23-WQC-0038, which has been received for discharges associated with US Army Corps of Engineers permit application CENAB-OPR-MN NAB-2016-01622.

 

Location: On Carr Creek near corner of West Road and Tower Road

 

The project consists of the creation a 750-foot low profile stone, sand containment sill; and to fill and grade with 4,790 cubic yards of sand along 750 feet of eroding shoreline and plant approximately 6,227 square feet of low marsh vegetation, 6,521 square feet of high marsh vegetation, and 9,929 square feet of upland vegetation, all extending a maximum distance of 48 feet channelward of the mean high water line. The project will also result in permanent impacts to 1,667 square feet of emergent nontidal wetlands and 9,590 square feet of 25-foot nontidal wetland buffer and temporary impacts to 6,151 square feet of 25-foot nontidal wetland buffer. The purpose of the project is to protect the shoreline from erosion and therefore prevent contaminants from entering the waterways, enhance aquatic habitats, and to improve/maintain water quality. This project may require mitigation as a result of impacts to tidal wetlands.

 

The purpose of this public notice is to solicit comments from the public about the proposed work and to announce the date of a Maryland Department of the Environment public informational hearing on the subject application. At this time, no decision has been made with regard to the request for water quality certification. The informational public hearing is pre-scheduled for:

 

Thursday, February 15, 2024: 6:30 — 8:30 PM, with a poster session beginning at 6:00 PM

Eastport-Annapolis Neck Library, 269 Hillsmere Dr, Annapolis, MD 21403

The pre-scheduled hearing will be cancelled if no hearing requests are received by 5:00 pm on February 01, 2024.

Written comments will be accepted through February 01, 2024, and can be sent to the Maryland Department of the Environment, Attn: Kathryn Burcham, 1800 Washington Boulevard, Suite 430, Baltimore, MD  21230-1708 or at kathryn.burcham@maryland.gov or 410-707-5254.

 

Contact: Kathryn Burcham at kathryn.burcham@maryland.gov or 410-707-5254.

[23-26-10]

 

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Official Handgun Roster

The official Handgun Roster is a complete list of handguns manufactured after January 1, 1985 that have received final approval by the Handgun Roster Board and that are not otherwise prohibited by law to be sold in Maryland. The roster is a live document, continuously updated, that can be accessed at https://licensingportal.mdsp.maryland.gov/MSPBridgeClient/#/home.

Effective, July 1, 2021, handgun model numbers were no longer considered by the Maryland Handgun Roster Board.

Any questions regarding the roster can be addressed to the Handgun Roster Board Administrator, Ms. Rachel Rosenberg (410-653-4247).

 

Proposed Additions to Handgun Roster and Notice of Right to Object or Petition

 

     The following is a list of handguns that the Handgun Roster Board proposes to add to the official handgun roster.  These handguns will be officially placed on the Handgun Roster if no timely objection is received or if all timely objections are dismissed.

     Under the Public Safety Article, §5-405, Annotated Code of Maryland and COMAR 29.03.03.13 and .14, any person may object to the placement of any of those handguns on the Handgun Roster.  Objections must be filed within 30 days after December 29, 2023.  In addition, any person may petition for the placement of an additional handgun on the Handgun Roster.  Forms for objections or petitions may be obtained from: Rachel Rosenberg, Administrator, Handgun Roster Board, 1201 Reisterstown Road, Baltimore, Maryland 21208 (Phone: 410-653-4247).

 

Make

Model

Caliber

Additional Comments

Taran Tactical Innovations

JW3 Combat Master

9 mm

 

RONIN ARMS LLC

RA5-SD

9 mm

 

Taran Tactical Innovations/Glock

G45 Combat Master

9 mm

 

HENRY

Big Boy Revolver H017BDM

357 Mag/38 Spl

 

HENRY

Big Boy Revolver H017GDM

357 Mag/38 Spl

Model addition

PALMETTO STATE ARMORY/ROCK ISLAND ARMORY

Admiral M1911 A1 Tactical FS

45 ACP

Model addition

ISSC (Blue Line Solutions)

Raptor SD

22 LR

Model addition

FN AMERICA LLC

509 Midsize Tactical

9 mm

Model addition

BUL ARMORY

1911 EDC 4.25”

9 mm

Model addition

LES BAER CUSTOM

1911 GT Monolith Stinger

10 mm

Model addition

TAURUS

TX22 COMPETITION SCR

22 LR

Model addition

SIG SAUER/SIGARMS INC.

MCX Rattler Canebrake Pistol

300 BLK

Model addition

MYRL'S COUNTRY LLC

MC-15B

4.6x30mm

Caliber addition

KORTH (NIGHTHAWK CUSTOM)

NXS

357 Mag, 9 mm

Model addition

Parabellum Combat Systems/PTR Industries

PCS G3K

7.62x51mm

Model addition

Parabellum Combat Systems

PCS G3K

7.62x51mm

Model addition

TAURUS

Gaucho

357 Mag/38 Spl

Model addition

SIG SAUER/SIGARMS INC.

P226 XFIVE Legion

9 mm

Model addition

Ermox Defense (PW Arms)

X-FIRE

9 mm

 

SMITH & WESSON

SW9C

9 mm

Model addition

DIAMONDBACK FIREARMS

DB15

7.62X39mm

Caliber addition

CMMG, INC.

BANSHEE MK4

5.56X45 MM NATO, 300 BLK

Model addition

SARSILMAZ (SAR USA)

SAR9 Sub-Compact Gen 2

9 mm

Model addition

SARSILMAZ (SAR USA)

SAR9 Compact Gen 3

9 mm

Model addition

SARSILMAZ (SAR USA)

SAR9 SOCOM

9 mm

Model addition

SARSILMAZ (SAR USA)

SAR9 Gen 3

9 mm

Model addition

SARSILMAZ (SAR USA)

SAR9 Sport Gen 3

9 mm

Model addition

SARSILMAZ (SAR USA)

SAR9 CX

9 mm

Model addition

SARSILMAZ (SAR USA)

SAR9 STORM

9 mm

Model addition

SARSILMAZ (SAR USA)

SAR9 CX STORM

9 mm

Model addition

SARSILMAZ (SAR USA)

SAR9 SP

9 mm

Model addition

SARSILMAZ (SAR USA)