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Maryland Register
Issue Date: April 19, 2024 Volume 51 • Issue 8 • Pages 355 —382
Governor Regulations Errata Special Documents General Notices
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| Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before April 1, 2024 5 p.m.
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of April 1, 2024. Gail S. Klakring Acting Administrator, Division of State Documents Office of the Secretary of State |
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Information About the Maryland Register and COMAR
MARYLAND REGISTER
The Maryland Register is an official State publication published every
other week throughout the year. A cumulative index is published quarterly.
The Maryland Register is the temporary supplement to the Code of
Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment,
repeal, or emergency action, must first be published in the Register.
The following information is also published regularly in the Register:
• Governor’s Executive Orders
• Attorney General’s Opinions in full text
• Open Meetings Compliance Board Opinions in full text
• State Ethics Commission Opinions in full text
• Court Rules
• District Court Administrative Memoranda
• Courts of Appeal Hearing Calendars
• Agency Hearing and Meeting Notices
• Synopses of Bills Introduced and Enacted
by the General Assembly
• Other documents considered to be in the public interest
CITATION TO THE
MARYLAND REGISTER
The Maryland Register is cited by volume, issue, page number, and date.
Example:
• 19:8 Md. R. 815—817 (April 17,
1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register
issued on April 17, 1992.
CODE OF MARYLAND
REGULATIONS (COMAR)
COMAR is the official compilation of all regulations issued by agencies
of the State of Maryland. The Maryland Register is COMAR’s temporary
supplement, printing all changes to regulations as soon as they occur. At least
once annually, the changes to regulations printed in the Maryland Register are
incorporated into COMAR by means of permanent supplements.
CITATION TO COMAR
REGULATIONS
COMAR regulations are cited by title number, subtitle number, chapter
number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10,
Subtitle 08, Chapter 01, Regulation 03.
DOCUMENTS INCORPORATED
BY REFERENCE
Incorporation by reference is a legal device by which a document is made
part of COMAR simply by referring to it. While the text of an incorporated
document does not appear in COMAR, the provisions of the incorporated document
are as fully enforceable as any other COMAR regulation. Each regulation that
proposes to incorporate a document is identified in the Maryland Register by an
Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or
Repealed, found online, also identifies each regulation incorporating a
document. Documents incorporated by reference are available for inspection in
various depository libraries located throughout the State and at the Division
of State Documents. These depositories are listed in the first issue of the
Maryland Register published each year. For further information, call
410-974-2486.
HOW TO RESEARCH REGULATIONS
An
Administrative History at the end of every COMAR chapter gives information
about past changes to regulations. To determine if there have been any
subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted,
Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf.
This table lists the regulations in numerical order, by their COMAR number,
followed by the citation to the Maryland Register in which the change occurred.
The Maryland Register serves as a temporary supplement to COMAR, and the two
publications must always be used together. A Research Guide for Maryland
Regulations is available. For further information, call 410-260-3876.
SUBSCRIPTION
INFORMATION
For subscription forms for the Maryland Register and COMAR, see the back
pages of the Maryland Register. Single issues of the Maryland Register are $15.00
per issue.
CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS
Maryland citizens and other interested
persons may participate in the process by which administrative regulations are
adopted, amended, or repealed, and may also initiate the process by which the
validity and applicability of regulations is determined. Listed below are some
of the ways in which citizens may participate (references are to State
Government Article (SG),
Annotated
Code of Maryland):
• By submitting data or views on proposed
regulations either orally or in writing, to the proposing agency (see
‘‘Opportunity for Public Comment’’ at the beginning of all regulations
appearing in the Proposed Action on Regulations section of the Maryland
Register). (See SG, §10-112)
• By petitioning an agency to adopt, amend,
or repeal regulations. The agency must respond to the petition. (See SG
§10-123)
• By petitioning an agency to issue a
declaratory ruling with respect to how any regulation, order, or statute
enforced by the agency applies. (SG, Title 10, Subtitle 3)
• By petitioning the circuit court for a
declaratory judgment
on
the validity of a regulation when it appears that the regulation interferes
with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)
• By inspecting a certified copy of any
document filed with the Division of State Documents for publication in the
Maryland Register. (See SG, §7-213)
Maryland Register (ISSN
0360-2834). Postmaster: Send
address changes and other mail to: Maryland Register, State House, Annapolis,
Maryland 21401. Tel. 410-260-3876. Published biweekly, with cumulative indexes
published quarterly, by the State of Maryland, Division of State Documents,
State House, Annapolis, Maryland 21401. The subscription rate for the Maryland
Register is $225 per year (first class mail). All subscriptions post-paid to
points in the U.S. periodicals postage paid at Annapolis, Maryland, and
additional mailing offices.
Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor,
Maryland Register and COMAR; Elizabeth
Ramsey, Editor, COMAR Online, and Subscription Manager;
Front cover: State House, Annapolis, MD, built 1772—79.
Illustrations by Carolyn Anderson, Dept. of General Services
Note: All
products purchased are for individual use only. Resale or other compensated
transfer of the information in printed or electronic form is a prohibited
commercial purpose (see State Government Article, §7-206.2, Annotated Code of
Maryland). By purchasing a product, the buyer agrees that the purchase is for
individual use only and will not sell or give the product to another individual
or entity.
Closing Dates for the Maryland
Register
Schedule of Closing Dates and
Issue Dates for the
Maryland Register ..................................................................... 359
COMAR Research Aids
Table of Pending Proposals ........................................................... 360
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
05 Department of Housing and Community
Development .................................................................. 370
08 Department of Natural Resources ............................. 366, 371
09 Maryland Department of Labor ......................................... 366
10 Maryland Department of Health ........................................ 372
13A State Board of Education ................................................... 367
18 Department of Assessments and Taxation ........................ 368
20 Public Service Commission ............................................... 373
21 State Procurement Regulations ......................................... 369
26 Department of the Environment ........................................ 374
33 State Board of Elections .................................................... 375
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.
08 DEPARTMENT OF NATURAL RESOURCES
09 MARYLAND DEPARTMENT OF LABOR
Registration and Permit Requirements
Code of Ethics and Professional Standards
Registration and Permit Requirements
Home Environment and Equipment
18 DEPARTMENT OF ASSESSMENTS AND TAXATION
Disabled Veteran, Surviving Spouse, Disabled Active
Duty
Service Member
21 STATE PROCUREMENT REGULATIONS
STATE
PROCUREMENT REGULATIONS AND
CONTRACTS
Electronic Transactions ............................................................
PROCUREMENT
METHODS AND PROJECT DELIVERY
METHODS
Small Procurement Regulations ($100,000 or Less)
Mandatory Written Solicitation Requirements
Intergovernmental Cooperative Purchasing
American-Manufactured Goods and Services —
Preference
PROCUREMENT REPORTING REQUIREMENTS
05 DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
Appraisal
Gap from Historic Redlining Financial Assistance
Program
Proposed Action on Regulations
08 DEPARTMENT OF NATURAL RESOURCES
10 MARYLAND DEPARTMENT OF HEALTH
MARYLAND
HEALTH CARE COMMISSION
Procedural Regulations for Health Care Facilities and
Services
ELECTRIC
AND GAS COMPANIES—AFFILIATE
REGULATIONS
Permits, Approvals, and Registration — Title V
Permits
INSPECTION
AND COPYING OF PUBLIC RECORDS
Confidentiality of Certain Information
SUSQUEHANNA RIVER BASIN COMMISSION
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 23-WQC-0014
Water Quality Certification 23-WQC-0018
STATE
COLLECTION AGENCY LICENSING BOARD
COMMISSION
ON CRIMINAL SENTENCING POLICY
MARYLAND
DEPARTMENT OF HEALTH/PHARMACY
AND THERAPEUTICS (P&T) COMMITTEE
MARYLAND
DEPARTMENT OF HEALTH/STATE
COMMUNITY HEALTH WORKER ADVISORY
COMMITTEE
MARYLAND
HEALTH CARE COMMISSION
Notice of Request for Proposed Project Change to
Approved
Exemption Request — COMAR 10.24.01.17
Exemption from Certificate of Need Request
MARYLAND
DEPARTMENT OF TRANSPORTATION/
MARYLAND BOARD OF AIRPORT ZONING
APPEALS
BOARD
OF WATERWORKS AND WASTE SYSTEMS
OPERATORS
COMAR
Online
The Code of Maryland
Regulations is available at www.dsd.state.md.us as a free service of the Office
of the Secretary of State, Division of State Documents. The full text of
regulations is available and searchable. Note, however, that the printed COMAR
continues to be the only official and enforceable version of COMAR.
The Maryland Register is
also available at www.dsd.state.md.us.
For additional
information, visit www.dsd.maryland.gov, Division
of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.
Availability
of Monthly List of
Maryland Documents
The Maryland Department of
Legislative Services receives copies of all publications issued by State
officers and agencies. The Department prepares and distributes, for a fee, a
list of these publications under the title ‘‘Maryland Documents’’. This list is
published monthly, and contains bibliographic information concerning regular
and special reports, bulletins, serials, periodicals, catalogues, and a variety
of other State publications. ‘‘Maryland Documents’’ also includes local
publications.
Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.
CLOSING DATES AND ISSUE DATES THROUGH
DECEMBER 2024†
|
Issue |
Emergency and Proposed Regulations 5
p.m.* |
Notices,
etc. 10:30
a.m. |
Final Regulations 10:30
a.m. |
|
2024 |
|||
|
May 3 |
April 15 |
April 22 |
April 24 |
|
May 17 |
April 29 |
May 6 |
May 8 |
|
May 31 |
May 13 |
May 20 |
May 22 |
|
June 14 |
May 24** |
June 3 |
June 5 |
|
June 28 |
June 10 |
June 17 |
June 18** |
|
July 12 |
June 24 |
July 1 |
July 3 |
|
July 26 |
July 8 |
July 15 |
July 17 |
|
August 9 |
July 22 |
July 29 |
July 31 |
|
August 23 |
August 5 |
August 12 |
August 14 |
|
September 6 |
August 19 |
August 26 |
August 28 |
|
September 20 |
August 30** |
September 9 |
September 11 |
|
October 4 |
September 16 |
September 23 |
September 25 |
|
October 18 |
September 30 |
October 7 |
October 9 |
|
November 1 |
October 11** |
October 21 |
October 23 |
|
November 15 |
October 28 |
November 4 |
November 6 |
|
December
2*** |
November 8** |
November 18 |
November 20 |
|
December 13 |
November 25 |
December 2 |
December 4 |
|
December 27 |
December 9 |
December 16 |
December 18 |
† Please
note that this table is provided for planning purposes and that the Division of
State Documents (DSD) cannot guarantee submissions will be published in an
agency’s desired issue. Although DSD strives to publish according to the
schedule above, there may be times when workload pressures prevent adherence to
it.
* Also note that proposal deadlines are for
submissions to DSD for publication
in the Maryland Register and do not take into account the 15-day AELR review
period. The due date for documents containing 8 to 18 pages is 48 hours before
the date listed; the due date for documents exceeding 18 pages is 1 week before
the date listed.
NOTE: ALL DOCUMENTS MUST BE
SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT
REFLECTS THIS FORMATTING.
** Note closing date changes.
*** Note issue date changes.
The regular closing date for Proposals and
Emergencies is Monday.
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed
This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.
Table of Pending Proposals
The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata and corrections pertaining to proposed regulations are listed, followed by “(err)” or “(corr),” respectively. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.
08 DEPARTMENT OF NATURAL
RESOURCES
08.02.05.10 •
51:8 Md. R. 371 (4-19-24)
08.02.26.01—.06 •
51:1 Md. R. 30 (1-12-24)
08.18.24.01 • 51:7 Md. R. 336
(4-5-24)
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)
09.13.05.03 • 50:26 Md. R. 1136 (12-29-23)
09.16.01.08 • 50:25 Md. R. 1095 (12-15-23)
09.18.01.03 • 50:25 Md. R. 1097 (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)
09.23.04.03 •
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
Subtitles 01—08 (1st volume)
10.07.14.01—.65 • 51:6 Md. R. 272
(3-22-24)
Subtitle 09 (2nd volume)
10.09.02.05,.07 •
50:24 Md. R. 1048 (12-1-23) (ibr)
10.09.06.09 •
51:1 Md. R. 36 (1-12-24)
10.09.10.07,.08 •
51:2 Md. R. 78 (1-26-24)
10.09.11.11 •
51:2 Md. R. 79 (1-26-24)
10.09.16.01—.12 •
51:3 Md. R. 159 (2-9-24)
10.09.21.02—.06 •
51:2 Md. R. 82 (1-26-24)
10.09.24.02,.07,.12
• 51:2 Md. R. 79 (1-26-24)
10.09.24.03 •
50:18 Md. R. 814 (9-8-23)
10.09.33.09 •
51:3 Md. R. 161 (2-9-24)
10.09.36.01,.04 •
51:4 Md. R. 203 (2-23-24)
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)
10.09.43.10,.13 • 51:2 Md. R. 79 (1-26-24)
10.09.44.01,.15,.21,.23 • 51:3 Md. R. 162 (2-9-24)
10.09.46.12 • 51:4 Md. R. 204 (2-23-24)
10.09.48.08 • 51:4 Md. R. 205 (2-23-24)
10.09.53.04,.05 • 51:4 Md. R. 206 (2-23-24)
10.09.56.02,.04,.10,.14—.17,.19,.21,.22 • 51:4 Md. R.
207 (2-23-24)
10.09.64.01—.09 • 51:3 Md. R. 164 (2-9-24)
10.09.69.02,.11,.12 • 51:4 Md. R. 209 (2-23-24)
10.09.80.01,.05,.08 • 51:1 Md. R. 37 (1-12-24)
10.09.89.14 • 51:4 Md. R. 210 (2-23-24)
10.09.92.04,.05 • 51:1 Md. R. 38 (1-12-24)
Subtitles 10—22 (3rd volume)
10.11.08.01—.06 • 51:1 Md. R. 39 (1-12-24)
10.15.04.01,.02,.04—.26 • 51:5 Md. R. 234 (3-8-24)
10.15.06.02,.03,.05,.10,.11 • 51:2 Md. R. 82 (1-26-24) (ibr)
10.18.05.01—.03 • 51:3 Md. R. 166 (2-9-24)
10.18.06.05,.08,.10 • 51:3 Md. R. 166 (2-9-24)
10.19.03.01—.20 •
51:4 Md. R. 211 (2-23-24)
10.21.31.01—.06 •
51:3 Md. R. 167 (2-9-24)
Subtitles 23—36 (4th volume)
10.24.01.12 •
51:8 Md. R. 372 (4-19-24)
10.25.03.02 •
51:7 Md. R. 337 (4-5-24)
10.25.07.02,.04,.05,.09
• 51:1 Md. R. 41 (1-12-24)
10.25.18.01—.04,.06,.07,.09—.11
• 51:1 Md. R. 43 (1-12-24)
10.27.01.05 • 50:20 Md. R. 907 (10-6-23)
10.32.01.10 • 51:2 Md. R. 83 (1-26-24)
10.34.42.01—.03 •
51:2 Md. R. 84 (1-26-24)
10.35.01.20
• 51:5 Md. R. 247 (3-8-24)
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)
10.46.09.01—.04 •
51:2 Md. R. 85 (1-26-24)
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)
10.63.02.02 •
51:3 Md. R. 168 (2-9-24)
10.63.03.20,.21 •
51:3 Md. R. 168 (2-9-24)
10.63.07.02,.03,.05,.11
• 51:3 Md. R. 173 (2-9-24)
10.65.02.06,.09 •
51:2 Md. R. 86 (1-26-24)
10.65.03.02—.09 •
51:2 Md. R. 86 (1-26-24)
10.65.04.01—.06 •
51:2 Md. R. 86 (1-26-24)
10.65.05.01—.04 •
51:2 Md. R. 86 (1-26-24)
10.65.06.01,.02 •
51:2 Md. R. 86 (1-26-24)
10.65.09.01—.06 •
51:2 Md. R. 86 (1-26-24)
10.67.01.01 •
51:3 Md. R. 164 (2-9-24)
10.67.02.01 •
51:3 Md. R. 174 (2-9-24)
10.67.04.03-1,.03-2,.15,.19,.19-4
• 51:3 Md. R. 174 (2-9-24)
10.67.04.20 •
50:24 Md. R. 1049 (12-1-23)
10.67.05.02 •
51:3 Md. R. 174 (2-9-24)
10.67.06.26 •
51:3 Md. R. 164 (2-9-24)
10.67.06.26-1,.26-3,.27,.30
• 51:3 Md. R. 174 (2-9-24)
10.67.06.28 •
50:24 Md. R. 1049 (12-1-23)
10.67.08.03 • 51:3 Md. R. 174 (2-9-24)
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
12.11.10.06 •
51:2 Md. R. 95 (1-26-24)
13A STATE BOARD OF EDUCATION
13A.08.01.02-3 •
51:7 Md. R. 337 (4-5-24)
13A.08.01.17 •
50:20 Md. R. 924 (10-6-23)
13A.16.08.03 •
51:2 Md. R. 95 (1-26-24)
13A.16.10.02 •
51:2 Md. R. 95 (1-26-24)
13A.17.10.02 •
51:2 Md. R. 95 (1-26-24)
14 INDEPENDENT AGENCIES
14.04.02.03 •
51:7 Md. R. 338 (4-5-24)
14.22.01.10,.12 •
51:7 Md. R. 339 (4-5-24)
14.22.02.02 •
51:7 Md. R. 339 (4-5-24)
14.26.03.01—.13 •
50:26 Md. R. 1142 (12-29-23)
14.30.01.01 •
51:2 Md. R. 97 (1-26-24)
14.30.02.01—.05 •
51:2 Md. R. 97 (1-26-24)
14.30.03.01,.02 •
51:2 Md. R. 97 (1-26-24)
14.30.04.01—.12 •
51:2 Md. R. 97 (1-26-24)
14.30.05.01—.17 •
51:2 Md. R. 97 (1-26-24)
14.30.06.01,.02 •
51:2 Md. R. 97 (1-26-24)
14.30.07.01—.04 •
51:2 Md. R. 97 (1-26-24)
14.30.08.01—.26 •
51:2 Md. R. 97 (1-26-24)
14.30.09.01—.03 •
51:2 Md. R. 97 (1-26-24)
14.30.10.01—.24 •
51:2 Md. R. 97 (1-26-24)
14.30.11.01—.27 •
51:2 Md. R. 97 (1-26-24)
14.30.12.01—.05 •
51:2 Md. R. 97 (1-26-24)
14.30.13.01 •
51:2 Md. R. 97 (1-26-24)
14.30.14.01—.05 •
51:2 Md. R. 97 (1-26-24)
14.30.15.01,.02 •
51:2 Md. R. 97 (1-26-24)
14.31.04.01—.10 •
51:5 Md. R. 248 (3-8-24)
14.32.01.01—.06 •
51:2 Md. R. 109 (1-26-24)
14.32.02.01—.22 •
51:2 Md. R. 109 (1-26-24)
14.32.03.01—.07 •
51:2 Md. R. 109 (1-26-24)
14.32.04.01—.06 •
51:2 Md. R. 109 (1-26-24)
14.32.05.01—.05 •
51:2 Md. R. 109 (1-26-24)
14.32.06.01—.03 •
51:2 Md. R. 109 (1-26-24)
14.32.07.01 •
51:2 Md. R. 109 (1-26-24)
14.32.08.01 •
51:2 Md. R. 109 (1-26-24)
14.34.01.01—.03 •
51:2 Md. R. 110 (1-26-24)
14.34.02.01 •
51:2 Md. R. 110 (1-26-24)
14.34.03.01 •
51:2 Md. R. 110 (1-26-24)
14.34.04.01—.17 •
51:2 Md. R. 110 (1-26-24)
14.34.05.01—.12 •
51:2 Md. R. 110 (1-26-24)
14.34.06.01—.04 •
51:2 Md. R. 110 (1-26-24)
14.39.02.01—.32 • 51:6 Md. R. 308 (3-22-24) (ibr)
15 MARYLAND DEPARTMENT OF
AGRICULTURE
15.14.09.03 • 50:25 Md. R. 1103 (12-15-23)
20 PUBLIC SERVICE
COMMISSION
20.31.03.05 • 51:8 Md. R. 373 (4-19-24)
20.40.02.06 • 51:8 Md. R. 373 (4-19-24)
20.50.09.02,.06,.07,.09,.10,.12—.14 • 51:7 Md. R. 340
(4-5-24)
26 DEPARTMENT OF THE
ENVIRONMENT
Subtitles 01—07 (Part 1)
26.04.01.01,.01-1,.20,.31 • 51:6 Md. R. 309 (3-22-24)
(ibr)
Subtitles 08—12 (Part 2)
26.11.03.24 • 51:8 Md. R. 374 (4-19-24)
26.12.01.01
• 51:8 Md. R. 375 (4-19-24) (ibr)
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)
30.02.02.04,.06—.09 • 50:24 Md. R. 1061 (12-1-23)
30.09.01.02 • 51:2 Md. R. 117 (1-26-24)
30.09.14.04 •
51:2 Md. R. 117 (1-26-24)
33 STATE BOARD OF
ELECTIONS
33.04.01.02,.07 •
51:8 Md. R. 375 (4-19-24)
33.04.02.01—.03 •
51:8 Md. R. 375 (4-19-24)
34 DEPARTMENT OF PLANNING
34.04.09.06,.08,.09 • 51:6 Md. R. 311 (3-22-24)
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)
Proclaiming an
Extended Session of the Maryland General Assembly
WHEREAS, The Budget Bill for Fiscal Year 2025 has not been finally acted upon by the Maryland General Assembly seven days before the expiration of the 2024 regular legislative session; and
WHEREAS, Article III, Section 52 (10) of the Maryland Constitution provides that under these circumstances the Governor shall issue a proclamation extending the Session for a period as may, in the Governor’s judgment, be necessary to allow for the passage of the Budget Bill; and
WHEREAS, No matter other than the Budget Bill shall be considered during such extended Session except a provision for the cost thereof.
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND THE LAWS OF MARYLAND, DO HEREBY PROCLAIM THAT THE 2024 REGULAR SESSION OF THE MARYLAND GENERAL ASSEMBLY IS HEREBY EXTENDED, COMMENCING AT MIDNIGHT ON MONDAY, APRIL 8, 2024 IN THE STATE CAPITAL IN THE CITY OF ANNAPOLIS FOR THE PURPOSE OF PASSING THE STATE BUDGET BILL. THIS EXTENSION MAY NOT EXCEED TEN DAYS, OR SUCH OTHER PERIOD AS SPECIFIED BY AMENDMENT TO THIS EXECUTIVE ORDER.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, effective this 1st Day of April, 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-08-14]
Establishing Temporary Economic and Financial
Relief Programs for Workers and
Businesses Impacted by the Francis Scott Key Bridge Collapse and Disruption of Operations to the Port of
Baltimore
WHEREAS, On March 26, 2024, a cargo ship collided with the Francis Scott Key Bridge (“Key Bridge”) in Baltimore and resulted in the collapse of the Key Bridge;
WHEREAS, On March 26, 2024, a State of Emergency was proclaimed via Executive Order 01.01.2024.09 to respond to the collapse of the Key Bridge;
WHEREAS, The collapse of the Key Bridge resulted in a significant amount of debris that has obstructed navigable waters and commercial shipping lanes and resulted in the suspension of vessel traffic into the Port of Baltimore;
WHEREAS, The Port of Baltimore plays a vital role in the economic and financial health of the State of Maryland, yielding an annual economic impact of $70 billion, directly employing more than 8,000 workers, and supporting thousands of businesses and economic activity within the Baltimore metropolitan region and across the State of Maryland;
WHEREAS, The suspension of vessel traffic into the Port of Baltimore has caused and will continue to cause significant economic and financial injury to workers and businesses who depend on the operations of the Port of Baltimore for their income and livelihood;
WHEREAS, The United States Small Business Administration has issued an Administrative Disaster Declaration, recognizing the significant economic injury to small businesses in the State of Maryland as a result of this disaster; and
WHEREAS, It is the responsibility of the State of Maryland to provide economic and financial relief to workers and businesses impacted by the disruption of operations to the Port of Baltimore.
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
A. Use of State Funds.
1. $25,000,000 shall be made available from the Revenue Stabilization Account to be used for temporary economic and financial relief to workers and businesses impacted by the disruption of operations to the Port of Baltimore.
2. Any budget amendment proposing the transfer of funds from the Revenue Stabilization Account to fund the temporary economic and financial relief programs outlined herein shall be provided to the General Assembly’s Legislative Policy Committee for a 7-day review period as provided by Senate Bill 1188 of 2024 and/or House Bill 1526 of 2024 (the Maryland Protecting Opportunities and Regional Trade (“PORT”) Act). Any unspent funds from the Revenue Stabilization Account shall revert back to the Account.
3. To the extent practicable, agencies shall evaluate and pursue federal programs and funding sources that may supplant, supplement, and support the temporary economic and financial relief programs established under this Executive Order.
4. The Secretary of Commerce shall identify funds within the Department of Commerce to support temporary economic and financial relief programs for eligible businesses impacted by the disruption of operations to the Port of Baltimore.
5. The Secretary of Labor shall identify funds within the Department of Labor to support eligible businesses and workers impacted by the disruption of operations to the Port of Baltimore and encourage businesses operating in the vicinity of the Port to retain workers.
6. The Secretary of Housing and Community Development shall identify funds within the Department of Housing and Community Development to support temporary economic and financial relief programs for eligible businesses and workers impacted by the disruption of operations to the Port of Baltimore.
7. The Secretary of Budget and Management shall direct Executive Departments and Agencies under the control of the Governor to identify unencumbered, discretionary funds within existing budgets that may be utilized and repurposed to support the temporary economic and financial relief programs established under this Executive Order.
8. If at any time, federal funds become available for any purpose for which a program is established under this Executive Order, the federal funds shall, to the extent permissible, supplant any funds used for the programs established under this Executive Order, including funds made available from the Revenue Stabilization Account.
B. Establishment of the Port of Baltimore Emergency Business Assistance Program.
1. Following the enactment of the PORT Act, the Department of Commerce shall establish the Port of Baltimore Emergency Business Assistance Program (“Business Assistance Program”).
2. The Secretary of Commerce shall allocate $15,000,000 from existing Department of Commerce funds towards this program. Any Department of Commerce funds unused for the purposes of the Business Assistance Program shall revert back to the original program within the Department of Commerce.
3. The Business Assistance Program shall provide grants of no more than $100,000 to eligible businesses, as defined in the PORT Act, and whose operations or shipments:
a. rely on the use of or access to the Port; and
b. are hindered or halted entirely due to the reduced operations of the Port of Baltimore.
4. In addition, eligible businesses must demonstrate economic and financial injury resulting from the disruption to the operations to the Port of Baltimore through:
a. reduction in business revenue and activity; or
b. increased costs to business operations.
5. Recipients of grants through this program shall attest to their intent to continue operations at the Port of Baltimore, to the fullest extent practicable, upon the resumption of full operations at the Port of Baltimore.
6. The Business Assistance Program shall terminate no later than one year following the rescission of the State of Emergency declared through Executive Order 01.01.2024.09, or any subsequent amendment, extension, revision or modification to Executive Order 01.01.2024.09, or when all available funds are exhausted, whichever is sooner.
C. Establishment of the Port of Baltimore Worker Retention Program and the Port of Baltimore Worker Support Program.
1. Following enactment of the PORT Act, the Secretary of Labor shall establish the Port of Baltimore Worker Retention Program (“Worker Retention Program”) and the Port of Baltimore Worker Support Program (“Worker Support Program”).
2. The Worker Retention Program.
a. The Secretary of Labor shall dedicate $1,500,000 in federal Workforce Innovation and Opportunity Act (“WIOA”) Rapid Response funds and $1,000,000 in federal WIOA Governor’s Reserve funds for the purpose of providing temporary and immediate financial relief to impacted workers through the Worker Retention Program.
b. $10,000,000 of funds from the Revenue Stabilization Account identified in Section A.1 of this Executive Order, shall be allocated towards the Worker Retention Program, in accordance with the process outlined in Section A.2 of this Executive Order.
c. The Worker Retention Program shall provide grants of no more than $200,000 to eligible businesses, as defined in the PORT Act, who have demonstrated economic and financial injury and risk of layoffs to employees resulting from the disruption to the operations to the Port of Baltimore through:
i. reduction in business revenue and activity; or
ii. increased costs to business operations.
d. The Secretary of Labor shall establish guidelines for the Worker Retention Program including eligibility criteria and eligible uses of funds, rules of administration, and procedures.
e. The Worker Retention Program shall terminate no later than one year following the rescission of the State of Emergency declared through Executive Order 01.01.2024.09 or any subsequent amendment, extension, revision, or modification of Executive Order 01.01.2024.09, or when all available funds are exhausted, whichever is sooner.
3. The Port of Baltimore Worker Support Program (“Worker Support Program”).
a. $15,000,000 of funds from the Revenue Stabilization Account identified in Section A.1 of this Executive Order shall be allocated towards the Worker Support Program, in accordance with the process outlined in Section A.2 of this Executive Order.
b. The Worker Support Program shall make temporary support available to eligible workers impacted by the disruption of operations to the Port of Baltimore as defined by the PORT Act.
c. The Secretary of Labor shall establish all guidelines, rules of administration, and procedures for the Worker Support Program.
d. The Worker Support Program shall terminate no later than one year following the rescission of the State of Emergency declared through Executive Order 01.01.2024.09 or any subsequent amendment, extension, revision or modification of Executive Order 01.01.2024.09, or when all available funds are exhausted, whichever is sooner.
D. Dedication of Funding for Certain Programs within the Department of Housing and Community Development.
1. The Secretary of Housing and Community Development shall dedicate up to $15,000,000 of the Department of Housing and Community Development’s Fiscal Year 2024 Neighborhood BusinessWorks program appropriations to provide low-interest loans for small businesses impacted by the Key Bridge collapse. Any unused funds shall revert back to the Neighborhood BusinessWorks program.
a. $5,000,000 shall be utilized to provide grants not to exceed $50,000 to eligible businesses with 500 or fewer employees who have demonstrated economic and financial injury resulting from the Key Bridge collapse.
b. Up to $10,000,000 shall be utilized to provide loans not to exceed $500,000 to eligible businesses with 500 or fewer employees who have demonstrated economic and financial injury resulting from the Key Bridge collapse.
c. The Secretary of Housing and Community Development shall establish guidance including eligibility criteria and loan terms.
d. It being necessary to protect the public health, safety, or welfare, during the pendency of the State of Emergency declared by Executive Order 01.01.2024.09, or any subsequent amendment, extension, revision, or modification of Executive Order 01.01.2024.09, the Secretary of Housing and Community Development shall not have to obtain approval from a political subdivision as mandated under § 6-305(c)(2) of the Housing and Community Development Article to approve funding dedicated under this order.
2. The Secretary of Housing and Community Development shall set aside $2,500,000 in the Fiscal Year 2025 State Revitalization Program funds for the Dundalk Renaissance Corporation and the Greater Baybrook Alliance to provide community development support for the two areas most proximate to the Key Bridge. Any unused funds shall revert back to the State Revitalization Program.
E. State Agencies’ Expanded Support for Impacted Workers, Businesses, and Temporary Relief Programs.
1. The Governor’s Office of Small, Minority, and Women Business Affairs shall provide technical assistance and engage in marketing, educational and outreach efforts to businesses eligible to apply for the temporary relief programs established under this Executive Order.
2. The Department of Health shall engage in marketing, educational and outreach efforts to identify and amplify existing programs and services within the Department of Health for which impacted workers and businesses may be eligible.
3. The Department of Human Services shall engage in marketing, educational and outreach efforts to identify and amplify existing programs and services within the Department of Human Services for which impacted workers and businesses may be eligible.
4. The Maryland State Department of Education shall identify and amplify existing programs and services – including childcare programs – for which impacted workers and businesses may be eligible.
5. The Department of Service and Civic Innovation shall identify opportunities for Maryland Corps, the Service Year Option, and other programs under its purview to contribute to the recovery of the Greater Baltimore metropolitan region.
6. All Executive Branch units of government shall cooperate with the Department of Commerce, the Department of Labor, and the Department of Housing and Community Development by sharing information, expertise and staff resources to implement and execute the purpose of this Executive Order establishing temporary economic and financial relief programs for workers and businesses impacted by the Key Bridge collapse and the disruption of operations to the Port of Baltimore.
F. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of this Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Baltimore, this 5th Day of April 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-08-15]
Authorizing
Suspension of Statutes, Rules, and Regulations Governing Grants, Procurements,
and Temporary Assistance Programs Related to the Francis Scott Key Bridge
Collapse
WHEREAS, On March 26, 2024, a cargo ship collided with the Francis Scott Key Bridge (the “Key Bridge”) in Baltimore, causing the collapse of the Key Bridge;
WHEREAS, On March 26, 2024, Executive Order 01.01.2024.09 was issued, declaring a State of Emergency to respond to the collapse of the Key Bridge, and that State of Emergency still exists;
WHEREAS, The negative effects of the collapse of the Key Bridge include significant economic, financial, and workforce-related impacts on the State of Maryland and local jurisdictions, particularly those local jurisdictions in Anne Arundel County, Baltimore City, and Baltimore County that are most affected by the collapse of the Key Bridge and disruption to the operations of the Port of Baltimore;
WHEREAS, To address the significant economic, financial and workforce-related impacts of the collapse of the Key Bridge, the State is establishing temporary economic and financial relief programs to assist those most affected by the collapse of the Key Bridge and disruption to the operations of the Port of Baltimore; and
WHEREAS, To constrain and minimize the negative economic, financial, and workforce-related impacts on the State and the local jurisdictions most affected by the collapse of the Key Bridge and protect the public welfare, it is necessary for the State and these local jurisdictions to have increased flexibility to expeditiously enter into grant agreements and procurement contracts or administer any temporary economic and financial relief programs established to support the recovery from the economic, financial, and workforce-related impacts of the collapse of the Key Bridge until the State of Emergency has ended.
NOW THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE OF THE MARYLAND CODE, DO HEREBY ORDER:
A. The head of each unit of State government or the political subdivisions of Anne Arundel County, Baltimore City, or Baltimore County may, upon a finding that the suspension is necessary to protect the public health, welfare, or safety and will not endanger the public health, welfare, or safety, and after notification to the Governor, suspend the effect of any statute, rule, or regulation that governs grants and procurements to the extent the statute, rule, or regulation interferes with the response to the collapse of the Key Bridge.
B. The head of each unit of State government or the political subdivisions of Anne Arundel County, Baltimore City, or Baltimore County may, upon a finding that the suspension is necessary to protect the public health, welfare, or safety and will not endanger the public health, welfare, or safety, and after notification to the Governor, suspend the effect of any statute, rule, or regulation that interferes with the establishment or administration of any temporary economic and financial relief program specifically related to the response to the economic, financial, or workforce-related impacts from the collapse of the Key Bridge.
C. Such suspension may, at the discretion of the unit head and to the extent that it will not endanger public health, welfare, or safety, continue until no later than the date by which the State of Emergency declared by Executive Order 01.01.2024.09, is terminated.
D. The effect of any statute, rule, or regulation of an agency of the State or the political subdivisions of Anne Arundel County, Baltimore City, or Baltimore County, inconsistent with this order is hereby suspended.
E. If any provision of this Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Order are severable.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 11th Day of April 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-08-16]
Symbol Key
• Roman type indicates
text already existing at the time of the proposed action.
• Italic
type indicates new text added
at the time of proposed action.
• Single underline, italic indicates new text added at the time of final
action.
• Single
underline, roman indicates existing text added at the time of final action.
• [[Double
brackets]] indicate text deleted at the time of final action.
Title 08
DEPARTMENT OF NATURAL RESOURCES
Authority: Natural Resources Article, §§4-215, 4-2A-03, and 4-701, Annotated Code of Maryland
Notice of Final Action
[23-193-F]
On April 9, 2024, the Secretary of Natural Resources adopted amendments to Regulations .04, .05, and .07 under COMAR 08.02.15 Striped Bass. This action, which was proposed for adoption in 50:20 Md. R. 904—907 (October 6, 2023), has been adopted as proposed.
Effective Date: April 29, 2024.
JOSH KURTZ
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 11 REAL ESTATE COMMISSION
Authority: Business Occupations and Professions Article, §17-213; Business Regulation Article, §2-106.4; Annotated Code of Maryland
Notice of Final Action
[23-283-F]
On February 21, 2024, the Maryland Real Estate Commission adopted amendments to Regulation .02 under COMAR 09.11.09 Fees. This action, which was proposed for adoption in 50:26 Md. R. 1135 (December 29, 2023), has been adopted as proposed.
Effective Date: April 29, 2024.
DONNA HORGAN
Chair
Maryland Real Estate Commission
Subtitle 34 OFFICE OF CEMETERY OVERSIGHT
Notice of Final Action
[23-296-F]
On February 28, 2024, the Office of Cemetery Oversight adopted amendments to:
(1) Regulations .01, .02, .04, and .05 under COMAR 09.34.01 Registration and Permit Requirements;
(2) Regulation .01 under COMAR 09.34.02 Perpetual Care; and
(3) Regulations .01—.03
under COMAR 09.34.04 Code of Ethics and Professional Standards.
This action, which was proposed for adoption in 51:1 Md. R. 33—34 (January 12, 2024), has been adopted as proposed.
Effective Date: April 29, 2024.
PORTIA WU
Secretary of Labor
Subtitle 34 OFFICE OF CEMETERY OVERSIGHT
09.34.01 Registration and Permit Requirements
Authority: Business Regulation Article, §§5-204—5-205, 5-301—5-308, and 5-401—5-405, Annotated Code of Maryland
Notice of Final Action
[23-295-F]
On February 28, 2024, the Office of Cemetery Oversight adopted new Regulation .13 under COMAR 09.34.01 Registration and Permit Requirements. This action, which was proposed for adoption in 51:1 Md. R. 34—35 (January 12, 2024), has been adopted as proposed.
Effective Date: April 29, 2024.
PORTIA WU
Secretary of Labor
Subtitle 34 OFFICE OF CEMETERY OVERSIGHT
Authority: Business Regulation Article, §§5-204, 5-205, 5-303, 5-307, 5-312, 5-404, 5-605, and 5-710, Annotated Code of Maryland
Notice of Final Action
[23-294-F]
On February 28, 2024, the Office of Cemetery Oversight adopted amendments to Regulations .01 and .02 under COMAR 09.34.03 Fees. This action, which was proposed for adoption in 51:1 Md. R. 35—36 (January 12, 2024), has been adopted as proposed.
Effective Date: April 29, 2024.
PORTIA WU
Secretary of Labor
Title 13A
STATE BOARD OF EDUCATION
Notice of Final Action
[23-261-F]
On March 26, 2024, the State Board of Education adopted amendments to:
(1) Regulation .06 under COMAR 13A.15.05 Home Environment and Equipment;
(2) Regulation .01 under COMAR 13A.15.09 Program Requirements;
(3) Regulation .06 under COMAR 13A.15.10 Child Safety;
(4) Regulations .01 and .04 under COMAR 13A.16.09 Program Requirements;
(5) Regulation .05 under COMAR 13A.16.10 Safety;
(6) Regulations .01 and .04 under COMAR 13A.18.09 Program Requirements; and
(7) Regulation .05 under COMAR 13A.18.10 Safety.
This action, which was proposed for adoption in 51:1 Md. R. 50—51 (January 12, 2024), has been adopted with the nonsubstantive changes shown below.
Effective Date: April 29, 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:
On September 26, 2023, the State Board of Education published amendments to COMAR 13A.15, 13A.16, and 13A.18 for public comment. After receiving public comment, the Maryland State Department of Education decided to make one non-substantive change to those amendments. Consistent with § 10-113 of the State Government Article, Annotated Code of Maryland, the regulations as revised by the Department after public comment do not differ substantively from the proposed text. The revisions are nonsubstantive because they do not change the position of any group affected by the regulation, decrease any benefits, or increase administrative burdens.
The proposed text that had been added to the Rest Furnishings regulation in each subtitle—prohibiting weighted rest items, including but not limited to blankets, sleepers, and swaddles, for children under 12 months old—has been moved to the Rest Time Safety regulation in each subtitle. The basis for the change is that, as one commenter observed, if the language on weighted swaddles in the Rest Furnishings regulation is read apart from the prohibition on swaddling in the Rest Time Safety regulation, it could be wrongly interpreted to mean that a swaddle is permitted so long as it is not weighted. Moving the proposed text from the Rest Furnishings regulation to the Rest Time Safety regulation in each subtitle avoids any such confusion. Swaddling is generally prohibited for children under 12 months old regardless of whether the swaddle is weighted.
This change could reasonably have been anticipated by participants in rule making, given that the proposed text has not changed (only the location of the proposed text) and both the Rest Furnishings and Rest Time Safety regulations in each subtitle were undergoing revisions at the same time to align with the latest recommendations on safe sleep from the American Academy of Pediatrics. This change is nonsubstantive because the proposed text already prohibited weighted rest items and the pre-existing text already prohibited swaddling generally. Merely changing the location of the proposed text for clarity does not change the position of any group affected by the regulation, decrease any benefits, or increase administrative burdens.
Subtitle 15 FAMILY CHILD CARE
13A.15.05 Home Environment and Equipment
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.06 Rest Furnishings.
A.—F. (proposed text unchanged)
[[G. Weighted rest items, including but not limited to
blankets, sleepers, and swaddles, may not be used for a child under 12 months
old.]]
[[H.]] G. —
[[J.]] I. (proposed text unchanged)
13A.15.10 Child Safety
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.06 Rest Time Safety.
A.—B. (proposed text unchanged)
C. Weighted rest items, including but not limited to
blankets, sleepers, and swaddles, may not be used for a child under 12 months
old.
Subtitle 16 CHILD CARE CENTERS
13A.16.09 Program Requirements
Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and
9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article,
§1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.04 Rest Furnishings.
A.—F. (proposed text unchanged)
[[G. Weighted rest items, including but not limited to
blankets, sleepers, and swaddles, may not be used for a child under 12 months
old.]]
[[H.]] G. —
[[I.]] H. (proposed text unchanged)
13A.16.10 Safety
Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and
9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article,
§1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.05 Rest Time Safety.
A.—B. (proposed text unchanged)
C. Weighted rest items, including but not limited to
blankets, sleepers, and swaddles, may not be used for a child under 12 months
old.
Subtitle 18 LARGE FAMILY CHILD CARE HOMES
13A.18.09 Program Requirements
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.04 Rest Furnishings.
A.—F. (proposed text unchanged)
[[G. Weighted rest items, including but not limited to
blankets, sleepers, and swaddles, may not be used for a child under 12 months
old.]]
[[H.]] G. —
[[I.]] H. (proposed text unchanged)
13A.18.10 Safety
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.05 Rest Time Safety.
A.—B. (proposed text unchanged)
C. Weighted rest items, including but not limited to
blankets, sleepers, and swaddles, may not be used for a child under 12 months
old.
CAREY M. WRIGHT, Ed.D.
Interim State Superintendent of Schools
Title 18
DEPARTMENT OF ASSESSMENTS AND TAXATION
Subtitle 01 ASSESSMENT ADMINISTRATION
Authority: Tax-Property Article, §§1-402, 2-201, and 2-202, Annotated Code of Maryland
Notice of Final Action
[23-317-F]
On March 26, 2024, the Director of the Department of Assessments and Taxation adopted new Regulation .03 under COMAR 18.01.02 Appeal Hearings. This action, which was proposed for adoption in 51:3 Md. R. 184 (February 9, 2024), has been adopted as proposed.
Effective Date: April 29, 2024.
MICHAEL HIGGS
Director of Assessments and Taxation
18.06.03 Disabled
Veteran, Surviving Spouse, Disabled Active Duty Service Member
Authority: Tax-Property Article, §§2-201, 2-202, and 7-208,
Annotated Code of Maryland
Notice of Final Action
[23-319-F]
On March 26, 2024, the Director of the Department of Assessments and Taxation adopted new Regulation .01 under a new chapter, COMAR 18.06.03 Disabled Veteran, Surviving Spouse, Disabled Active Duty Service Member. This action, which was proposed for adoption in 51:3 Md. R. 184 (February 9, 2024), has been adopted as proposed.
Effective Date: April 29, 2024.
MICHAEL HIGGS
Director of Assessments and Taxation
Title 21
STATE PROCUREMENT REGULATIONS
Notice of Final Action
[23-306-F]
On April 3, 2024, the Board of Public Works adopted:
(1) Amendments to Regulation .03 under COMAR 21.03.05 Electronic Transactions;
(2) Amendments to Regulations .01, .04, and .05 under COMAR 21.05.07 Small Procurement Regulations ($100,000 or Less);
(3) Amendments to Regulation .05
under COMAR 21.05.08 Mandatory Written Solicitation Requirements;
(4) Amendments to Regulation .05 under COMAR 21.05.09 Intergovernmental Cooperative Purchasing;
(5) Amendments to Regulation .06 under COMAR 21.11.01 Small Business Procurements;
(6) New Regulation .04
under COMAR 21.11.15 American-Manufactured Goods and Services — Preference; and
(7) Amendments to Regulations .03 and .15 under COMAR 21.13.01 Reporting Requirements.
This action, which was proposed for adoption in 51:2 Md. R. 112—115 (January 26, 2024), has been adopted as proposed.
Effective Date: April 29, 2024.
JOHN GONTRUM
Executive Secretary
