Maryland Register
Issue Date: June 14, 2024 Volume 51 Issue 12 Pages 605 632
Governor General Assembly Judiciary Regulations 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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before May 24, 2024 5 p.m.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 May 24, 2024. Gail S. Klakring Administrator, Division of State Documents Office of the Secretary of State |
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 ..................................................................... 608
COMAR Research Aids
Table of Pending Proposals ........................................................... 609
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
08 Department of Natural Resources ............................. 618, 621
10 Maryland Department of Health ........................................ 618
11 Department of Transportation ............................................ 622
12 Department of Public Safety and Correctional Services ..... 628
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.
Renewal
of Executive Order 01.01.2024.09 (Declaration of a
State of Emergency)
SYNOPSIS NO. 4 ........................................................................
DISCIPLINARY
PROCEEDINGS .................................. 617
08 DEPARTMENT OF NATURAL RESOURCES
10 MARYLAND DEPARTMENT OF HEALTH
Physicians’
Services .................................................................
Doula
Services .........................................................................
Maryland
Medicaid Managed Care Program: Managed Care
Organizations
Maryland
Medicaid Managed Care Program: Benefits ...........
Maryland
Medicaid Managed Care Program: Rare and
Expensive Case Management
Acute
Hospitals ........................................................................
Maryland
Mental Health and Substance Use Disorder
Registry and Referral System
Maryland
Medicaid Managed Care Program: Eligibility and
Enrollment
Maryland
Medicaid Managed Care Program: Managed Care
Organizations
Maryland
Medicaid Managed Care Program: Access
Maryland
Medicaid Managed Care Program: Benefits
Proposed Action on Regulations
08 DEPARTMENT OF NATURAL RESOURCES
11 DEPARTMENT OF TRANSPORTATION
MOTOR VEHICLE ADMINISTRATION—
ADMINISTRATIVE PROCEDURES
12 DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES
CORRECTIONAL TRAINING COMMISSION
General
Regulations .................................................................
WATER
AND SCIENCE ADMINISTRATION
Water Quality Certification 24-WQC-0010
Water Quality Certification 24-WQC-0022
STATE COLLECTION AGENCY LICENSING BOARD
Public
Meeting .........................................................................
COMMISSION ON CRIMINAL SENTENCING POLICY
Public
Meeting .........................................................................
Women’s
Breast and Cervical Cancer Program (WBCCHP)
Sunsetting Transition Plan
MARYLAND STATE LOTTERY AND GAMING CONTROL
COMMISSION
Public Meeting — RESCHEDULED ..........................................
MARYLAND HEALTH CARE COMMISSION
Public
Meeting .........................................................................
PROTECTED HEALTH CARE COMMISSION
DEPARTMENT OF VETERANS AFFAIRS/MARYLAND
VETERANS COMMISSION
Public
Meeting .........................................................................
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 |
|||
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
08.02.01.01 •
51:10 Md. R. 532 (5-17-24) (ibr)
08.02.04.04 •
51:10 Md. R. 533 (5-17-24)
08.02.05.23,.26,.27
• 51:10 Md. R. 534 (5-17-24)
08.02.05.29 •
51:10 Md. R. 535 (5-17-24)
08.02.08.06,.10 •
51:10 Md. R. 536 (5-17-24)
08.02.13.05 •
51:12 Md. R. 621 (6-14-24)
08.02.15.08,.09,.12
• 51:11 Md. R. 581 (5-31-24)
08.02.21.03 •
51:9 Md. R. 443 (5-3-24)
08.02.22.02 •
51:10 Md. R. 534 (5-17-24)
08.02.25.03 •
51:11 Md. R. 581 (5-31-24)
08.02.26.01—.06 •
51:1 Md. R. 30 (1-12-24)
09 MARYLAND DEPARTMENT OF LABOR
09.09.02.01 • 51:9 Md. R. 444 (5-3-24)
09.10.02.43,.53 • 50:24 Md. R. 1046 (12-1-23)
09.23.04.03 •
50:26 Md. R. 1137 (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)
10.09.06.09 •
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)
10.09.21.02—.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)
10.09.80.01,.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)
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)
10.32.01.10 • 51:2 Md. R. 83 (1-26-24)
10.34.34.02,.03,.07,.10
• 51:10 Md. R. 537 (5-17-24)
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)
10.62.01.01 •
51:9 Md. R. 444 (5-3-24)
10.62.02.01—.05 •
51:9 Md. R. 444 (5-3-24)
10.62.03.01—.03 •
51:9 Md. R. 444 (5-3-24)
10.62.04.01—.06 •
51:9 Md. R. 444 (5-3-24)
10.62.05.01,.02 •
51:9 Md. R. 444 (5-3-24)
10.62.06.01—.07 •
51:9 Md. R. 444 (5-3-24)
10.62.07.01—.06 •
51:9 Md. R. 444 (5-3-24)
10.62.08.01—.14 •
51:9 Md. R. 444 (5-3-24)
10.62.09.01—.09 •
51:9 Md. R. 444 (5-3-24)
10.62.10.01—.08 •
51:9 Md. R. 444 (5-3-24)
10.62.11.01—.04 •
51:9 Md. R. 444 (5-3-24)
10.62.12.01—.09 •
51:9 Md. R. 444 (5-3-24)
10.62.13.01,.02•
51:9 Md. R. 444 (5-3-24)
10.62.14.01,.02•
51:9 Md. R. 444 (5-3-24)
10.62.15.01—.07 •
51:9 Md. R. 444 (5-3-24)
10.62.16.01—.06 •
51:9 Md. R. 444 (5-3-24)
10.62.17.01—.04 •
51:9 Md. R. 444 (5-3-24)
10.62.18.01—.10 •
51:9 Md. R. 444 (5-3-24)
10.62.19.01—.12 •
51:9 Md. R. 444 (5-3-24)
10.62.20.01—.09 •
51:9 Md. R. 444 (5-3-24)
10.62.21.01—.07 •
51:9 Md. R. 444 (5-3-24)
10.62.22.01—.06 •
51:9 Md. R. 444 (5-3-24)
10.62.23.01—.06 •
51:9 Md. R. 444 (5-3-24)
10.62.24.01• 51:9
Md. R. 444 (5-3-24)
10.62.25.01—.13 •
51:9 Md. R. 444 (5-3-24)
10.62.26.01—.09 •
51:9 Md. R. 444 (5-3-24)
10.62.27.01—.10 •
51:9 Md. R. 444 (5-3-24)
10.62.28.01—.06 •
51:9 Md. R. 444 (5-3-24)
10.62.29.01,.02 •
51:9 Md. R. 444 (5-3-24)
10.62.30.01—.10 •
51:9 Md. R. 444 (5-3-24)
10.62.31.01 • 51:9 Md. R. 444 (5-3-24)
10.62.32.01—.03 •
51:9 Md. R. 444 (5-3-24)
10.62.33.01—.08 •
51:9 Md. R. 444 (5-3-24)
10.62.34.01—.09 •
51:9 Md. R. 444 (5-3-24)
10.62.35.01 •
51:9 Md. R. 444 (5-3-24)
10.62.36.01—.06 •
51:9 Md. R. 444 (5-3-24)
10.62.37.01—.21 •
51:9 Md. R. 444 (5-3-24)
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)
10.67.04.20 •
50:24 Md. R. 1049 (12-1-23)
10.67.06.26 •
51:3 Md. R. 164 (2-9-24)
10.67.06.28 •
50:24 Md. R. 1049 (12-1-23)
11 DEPARTMENT OF
TRANSPORTATION
Subtitles 01—10
11.03.01.09 • 51:11 Md. R. 585
(5-31-24)
Subtitles 11—23 (MVA)
11.11.05.02—.06 •
51:12 Md. R. 622 (6-14-24)
11.12.01.14 •
50:15 Md. R. 698 (7-28-23)
12 DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONAL SERVICES
12.10.01.21,.22 • 51:12 Md. R. 628 (6-14-24)
13A STATE BOARD OF EDUCATION
13A.07.02.01 •
51:11 Md. R. 585 (5-31-24)
13A.08.01.02-3 •
51:7 Md. R. 337 (4-5-24)
13A.08.01.17 •
51:11 Md. R. 587 (5-31-24)
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
14.01.02.02 •
51:11 Md. R. 591 (5-31-24)
14.04.02.03 •
51:7 Md. R. 338 (4-5-24)
14.17.01.01 •
51:9 Md. R. 444 (5-3-24)
14.17.02.01—.04 •
51:9 Md. R. 444 (5-3-24) (ibr)
14.17.03.01—.04 •
51:9 Md. R. 444 (5-3-24)
14.17.04.01—.09 •
51:9 Md. R. 444 (5-3-24)
14.17.05.01—.08 •
51:9 Md. R. 444 (5-3-24)
14.17.06.01—.10 •
51:9 Md. R. 444 (5-3-24)
14.17.07.01—.08 •
51:9 Md. R. 444 (5-3-24)
14.17.08.01—.07 •
51:9 Md. R. 444 (5-3-24)
14.17.09.01—.04 •
51:9 Md. R. 444 (5-3-24)
14.17.10.01—.09 •
51:9 Md. R. 444 (5-3-24)
14.17.11.01—.19 •
51:9 Md. R. 444 (5-3-24)
14.17.12.01—.11 •
51:9 Md. R. 444 (5-3-24)
14.17.13.01—.11 •
51:9 Md. R. 444 (5-3-24)
14.17.14.01—.06 •
51:9 Md. R. 444 (5-3-24)
14.17.15.01—.05 •
51:9 Md. R. 444 (5-3-24)
14.17.16.01—.05 •
51:9 Md. R. 444 (5-3-24)
14.17.17.01—.07 •
51:9 Md. R. 444 (5-3-24)
14.17.18.01—.07 •
51:9 Md. R. 444 (5-3-24)
14.17.19.01—.05 •
51:9 Md. R. 444 (5-3-24)
14.17.20.01,.02 •
51:9 Md. R. 444 (5-3-24)
14.17.21.01,.02•
51:9 Md. R. 444 (5-3-24)
14.17.22.01—.12 •
51:9 Md. R. 444 (5-3-24)
14.35.01.02 • 51:11 Md. R. 591 (5-31-24)
14.35.07.23 • 51:11 Md. R. 591 (5-31-24)
14.35.15.05 • 51:11 Md. R. 591 (5-31-24)
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)
26.11.42.03—.06,.09—.11
• 51:10 Md. R. 538 (5-17-24)
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)
29 DEPARTMENT OF STATE POLICE
29.03.01.45 •
51:10 Md. R. 542 (5-17-24)
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
30.02.02.04,.06—.09 • 50:24 Md. R. 1061 (12-1-23)
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
34.04.02.01—.11,.13 • 51:11 Md. R. 593 (5-31-24)
35 DEPARTMENT OF VETERANS
AFFAIRS
35.01.01.02,.05 • 51:11 Md. R. 597 (5-31-24)
Renewal of
Executive Order 01.01.2024.09
(Declaration of a State of Emergency)
WHEREAS, I, Wes Moore, Governor of the State of Maryland, issued Executive Order 01.01.2024.09 declaring a State of Emergency due to the significant infrastructure damage to the Francis Scott Key Bridge in Baltimore on March 26, 2024;
WHEREAS, The declaration of the State of Emergency was renewed on April 25, 2024, by Executive Order 01.01.2024.16;
WHEREAS, Because of the on-going impact of this incident, emergency conditions continue to exist Statewide;
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, HEREBY DECLARE THAT THE STATE OF EMERGENCY CONTINUES TO EXIST IN THE STATE OF MARYLAND, THAT THE MARCH 26, 2024 DECLARATION IS RENEWED, AND FURTHER PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
The Maryland Department of Emergency Management is hereby directed to continue to coordinate the State preparedness and response to impacts of this incident.
All other appropriate State authorities are hereby authorized to activate their emergency preparedness plans and engage, deploy, use, and coordinate available resources in furtherance of those plans.
The Maryland National Guard remains on regular duty.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 24th Day of May, 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-12-14]
(Amends Executive
Order 01.01.2023.19)
Procurement Guidelines: Authorizing Project Labor Agreements for Large-Scale
Public Work Contracts and Promoting Apprenticeship Agreements and Community
Hiring
WHEREAS, When investing significant public resources, the State of Maryland has a compelling interest in taking steps to ensure the timely, safe, and economical completion of public work projects and public-private partnerships;
WHEREAS, When investing significant public resources, the State of Maryland also has a compelling interest in considering the impact on the development of critical job skills needed in construction, the expansion of employment opportunities for residents, and the overall economic benefits to the State of Maryland and its economy;
WHEREAS, Large-scale public work projects pose significant challenges to efficient and timely procurement by units within the executive branch of Maryland State Government;
WHEREAS, Construction employers do not have a permanent workforce, which makes it difficult to predict labor costs when bidding on contracts and to ensure a steady supply of labor on contracts being performed. Challenges also arise because construction projects typically involve multiple employers at a single location and labor disputes involving one employer can delay the entire project;
WHEREAS, Lack of coordination among various employers and uncertainty about the terms and conditions of employment of various groups of workers, can create friction and disputes in the absence of an agreed-upon resolution;
WHEREAS, Labor and employment disputes threaten the efficient and timely completion of public work projects undertaken by State contractors; especially on large-scale projects which are generally complex and long-term;
WHEREAS, Project labor agreements are often effective in preventing labor and employment-related disputes because they provide structure and stability to large-scale public work projects;
WHEREAS, In appropriate circumstances, project labor agreements can facilitate the timely and efficient completion of large-scale public work projects by making available a ready, reliable, and adequate supply of highly trained and skilled craft workers, permitting public and private owners and contractors to accurately determine project labor costs at the outset and to establish working conditions for the duration of the project, as well as provide a negotiated commitment as a legally enforceable means of assuring labor stability and avoiding disruptions such as strikes, lockouts, or slowdowns over the life of the project;
WHEREAS, The use of project labor agreements should only be considered in those limited circumstances when such an agreement clearly benefits the interests of the State from a cost-effective, efficiency, quality, health, safety, and timeliness standpoint;
WHEREAS, The potential benefits of any proposed project labor agreement must be carefully considered with respect to the effect such an agreement may have on competitive bidding, project costs, and women and minority-owned businesses;
WHEREAS, Project labor agreements are of great potential economic benefit to the State in appropriate construction projects which will extend for a substantial period of time, and involve a substantial number of contractors, subcontractors, trades, and craft workers, employment opportunities, and have a substantial dollar value;
WHEREAS, Encouraging the growth of apprenticeship training programs in the Maryland construction industry and employment in local communities where projects are located, particularly in areas with high unemployment, will help protect the State’s interest in successful project delivery, promote critically needed workforce development in construction, and combat unemployment by expanding opportunities for individuals to develop their skills and compete for jobs in a rapidly changing economy; and
WHEREAS, It is the objective of the Moore-Miller Administration to advance policies that promote increased access to work, wages, and wealth.
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, HEREBY RESCIND EXECUTIVE ORDER 01.01.2013.05 AND PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
A. Scope. These guidelines apply to any State department, agency, authority, board, or instrumentality, within the executive branch of the Maryland State Government, that is under the control of the Governor.
B. Definitions. The following words have the meanings indicated:
1. “Community Benefit Agreement” means a contract signed by one or more recognized community association(s) and a labor organization that requires the labor organization to provide specific amenities, mitigations, economic impacts, local workforce training guarantees and/or other benefits in exchange for community support of a project.
2. “Construction” means the (1) process of building, altering, improving, or demolishing an improvement to real property and (2) includes any major work necessary to repair, prevent damage to, or sustain existing components of an improvement to real property, as defined in Md. Code Ann., State Fin. & Proc. § 11-101(f)(1)-(2).
3. “Labor Organization” means a labor organization as defined in Md. Code Ann., State Gov't § 20-601(i)(1)-(2) of which building and construction employees are members.
4. “Large-scale public work contract” means a contract for
construction of a public work, as defined in Md. Code Ann., State Fin. &
Proc. § 17-201(k), for which the total monies committed by the State, including
direct funding, issuance of bonds, and tax increment financing is $20 million
or more. Receipt of federal funding
or reimbursement may be included where in the best interests of the State.
5. “Project Labor Agreement” is a pre-hire collective bargaining agreement between the successful bidder on a large-scale public work contract and one or more labor organizations that establishes terms and conditions of employment for all crafts performing work on a specific construction project.
6. “Recognized Community Association” means a community group located in an area impacted by the large-scale public work contract that is organized collectively around particular interests for the purpose of addressing issues and interests common to that community.
7. “Registered Apprenticeship Program” means a program that is registered with, and approved by, the U.S. Department of Labor or the Maryland Department of Labor, evidenced by a certificate of registration or other appropriate document as meeting the apprenticeship standards.
8. “Socioeconomic Procurement Programs” refer collectively to the State’s Minority Business Enterprise Program; Veteran-owned Small Business Enterprise Program; and Small Business Reserve Program.
9. “Socioeconomic Procurement Program Goals” refer to the State’s goals of directing 29% of all procurement expenditures towards certified Minority Business Enterprise firms and 1% towards certified Veteran-Owned Small Business Enterprise firms.
10. “Unit of State government” means an agency or unit of the Executive Branch of State government.
Authorizing Project Labor Agreements for Large-Scale Public Work
Contracts
C. A unit of State government shall consider either (1) requiring the use of a project labor agreement or (2) including the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract that meets the criteria established in this Order.
D. The decision to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract shall be made on a project-by-project basis.
E. The decision to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract shall be made only where such an agreement will advance the State’s interest in cost-effectiveness, efficiency, quality, health, safety, timeliness, employing a skilled labor force, and producing labor stability.
F. In making the decision whether to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract, the following factors must be considered:
1. The potential for labor disruptions, such as strikes, lockouts, or slowdowns, which could affect completion of the project;
2. The number of trades and crafts anticipated to be used on the project;
3. The need and urgency of the project and the harm to the public if completion of the project is delayed;
4. The size and complexity of the project;
5. The funding sources for the project and whether the project includes federal funds;
6. The impact on project costs, if any, and the State’s obligation to encourage maximum practicable competition favoring open competitive bidding during the procurement process;
7. The impact on the State’s socioeconomic policies, including the policy to advance women and minority-owned businesses and their ability to compete.
G. With respect to the decision to require the use of a project labor agreement or to include the use of a project labor agreement as an evaluation factor in connection with a large scale public work contract: [The decision to require the use of a project labor agreement or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract shall be made prior to selecting the method of contracting for the project and]
1. The decision shall be supported by written findings that clearly demonstrate how the use of a project labor agreement will benefit the project and the interests of the public and the State from a cost-effective, efficiency, quality, safety and timeliness standpoint; and [The fact that a project labor agreement will be used or included as an evaluation factor shall be set forth in the solicitation of bids issued for the project.] notice of the decision shall be provided in the solicitation issued for the project.
2. In a multi-phase
design build or progressive design build public work contract, the written
findings supporting the use of a project labor agreement or inclusion of a
project labor agreement as an evaluation factor are not required until the
build/construction phase of the project; and notification of the fact that a
project labor agreement may be used or included as an evaluation factor in the
build/construction phase shall be provided in the initial solicitation issued
for the project.
Requirements for Project Labor Agreements
H. Any project labor agreement reached pursuant to this Order shall:
1. Bind all contractors and subcontractors on the construction project through the inclusion of appropriate bid specifications in all relevant solicitation provisions and contract documents;
2. Allow all union and non-union contractors, subcontractors, and material suppliers who agree to abide by the terms of the project labor agreement to compete for work to be performed and materials to be provided without regard to whether they are otherwise parties to collective bargaining agreements;
3. Contain guarantees against strikes, lockouts, slowdowns, or other similar disruptions;
4. Set forth effective, prompt, and mutually binding procedures for resolving labor disputes arising before the work is completed;
5. Guarantee equal opportunities in employment and prohibit discrimination in recruiting, interviewing, hiring, upgrading, setting work conditions, or discharging employees or workers as required by federal and State law;
6. Demonstrate access to a reliable supply of properly trained labor personnel who possess the requisite skill and safety training to ensure successful project delivery;
7. Provide other mechanisms for labor-management cooperation on matters of mutual interest and concern, including productivity, quality or work, safety, and health;
8. Outline a diversity plan that details efforts and commitments to conduct outreach and recruitment for employment and apprenticeship positions in the large-scale public work contract for minority group members, members of disadvantaged communities, and women; and
9. Outline a plan that details how expenditures for the large-scale public work contract will support the State’s Socioeconomic Procurement Program Goals.
10. Fully conform to all State and federal statutes, regulations, and executive orders.
Incorporating Community Benefit Agreements
I. If a unit of State government decides to require the use of a project labor agreement in connection with a large-scale public work contract, the State unit shall consider requiring bidders to incorporate a community benefit agreement for appropriate projects.
Project Labor Agreements Not Required
J. This Order does not require a unit of State government to use or include the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract.
K. This Order does not promote the selection of any union, trade council, or labor organization.
Apprenticeship Programs for Public Projects and Public-Private
Partnerships
L. A unit of State government shall consider whether it is in the best interest of the State to use contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership.
M. The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership shall be made on a project-by-project basis.
N. The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership shall be made only where such an agreement will advance the State’s interest in cost-effectiveness, efficiency, quality, health, safety, timeliness, employing a skilled labor force, and producing labor stability.
O. In making the decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership, the unit of State government shall consider the totality of the circumstances, including the following factors:
1. The number of trades and crafts anticipated to be used on the project;
2. The need and urgency of the project and the harm to the public if completion of the project is delayed;
3. The size and complexity of the project;
4. The impact on project costs, if any, and the State’s obligation to encourage maximum practicable competition favoring open competitive bidding during the procurement process;
5. The impact on the State’s socioeconomic procurement program policies, including the policy to advance women and minority-owned businesses and their ability to compete; and
6. The impact on workforce development and construction and the potential for generating skills training and employment opportunities for state residents.
P. The decision to require or encourage the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing on a public project or public-private partnership as an evaluation factor in connection with a large-scale public work contract [shall be made prior to selecting the method of contracting for the project or partnership and] shall be supported by written findings that set forth the justification.
Q. For public projects or public-private partnerships where the use of contractors who participate in registered apprenticeship programs and offer a reliable plan for labor staffing will be required or encouraged, applicable procurement documents shall clearly:
1. Specify whether such qualifications are mandatory or will be used as an evaluation factor in awarding the contract; and
2. State any applicable apprenticeship utilization targets or thresholds that will be considered in the determination.
R. The Maryland Department of Labor shall determine whether a proffered apprenticeship program is in compliance with applicable program requirements before the contracting agency makes a decision.
S. A successful bidder shall demonstrate how the bidder will have access to the reliable supply of properly trained labor personnel who possess the requisite skill and safety training to ensure successful delivery through either sponsoring an apprenticeship program that will supply apprentices to the project or reaching an agreement with an entity that operates a registered apprenticeship program that will ensure such supply.
T. The bidder’s fulfillment of the requirements under section (S) of this Order must be approved by the State unit overseeing the project.
Community Hiring in High Unemployment Areas
U. On public projects or public-private partnerships with projected costs exceeding $5 million, a unit of State government shall consider whether all or a substantial part of the project is within an area of higher than average unemployment and, if so, whether it is in the best interest of the State to weigh as a factor in the procurement or public notice of solicitation whether a bidder voluntarily submits a community hiring, training, and/or outreach plan for high unemployment areas.
V. If a unit of State government determines based on the totality of the circumstances, that it is in the best interests of the State to encourage the voluntary submission of a community hiring, training and/or outreach plan on a public project or public-private partnership, the decision shall be accompanied by the following:
1. A written finding that sets forth the reasons supporting the decision
2. A definition of “high unemployment area” and delineation of that area for purposes of the procurement or public notice of solicitation; and
3. An explanation of how the proffer of a community hiring, training, and/or outreach plan will be evaluated and weighed in the procurement or public notice of solicitation.
General Provisions
W. The guidelines contained in this Executive Order do not constitute or create an express or implied contract. It is not intended to, and does not, create contractual obligations with respect to any matter it covers.
X. Nothing in this Executive Order shall preclude a unit of State government from considering either (1) requiring the use of a project labor agreement or (2) including the use of a project labor agreement as an evaluation factor in connection with a large-scale public work contract where the State commitment is below $20 million.
Y. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.
Z. 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 the 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 Annapolis, this 31st Day of May 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-12-15]
For additional up-to-date
information concerning bills introduced in the General Assembly, log on to http://mlis.state.md.us and click on Bill Information and Status. You may then enter a specific bill number for
information about that bill. You may
also click on Senate Synopsis or House Synopsis for the most recent synopsis
list for each house, or click on Synopsis Index for a listing of all bill
synopses since the beginning of the legislative session.
Chapters
CH1048
HB0464 (Amended) Del Martinez, et al. Health Occupations - Practice Audiology -
Definition.
CH1049
SB0795 (Amended) Sen Gile, et
al. Health Occupations - Practice
Audiology - Definition.
[24-12-12]
This is to certify
that by an Order of this Court dated May 31, 2024, RICHARD J. TAPPAN (CPF#
2010060009), as of May 31, 2024,
Richard J. Tappan has been suspended for six months, accounting from November
1, 2023, and his name has been stricken from the register of attorneys in this
Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).
This is to certify that by an Order of this Court dated May 31, 2024, MATTHEW PETER NELSON, JR. (CPF# 9202060007), as of May 31, 2024, Matthew Peter Nelson Jr.’s name has been placed on disability inactive status and his name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).
This is to certify
that by an Order of this Court dated May 31, 2024, FERDINAND UCHECKUKWU
IBEBUCHI (CPF# 0512140085), as
of May 31, 2024, Ferdinand Ucheckukwu Ibebuchi’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).
[24-12-09]
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 and 4-2A-03, Annotated Code of Maryland
Notice of Final Action
[24-030-F]
On June 4, 2024, the Secretary of Natural Resources adopted amendments to Regulation .10 under COMAR 08.02.05 Fish. This action, which was proposed for adoption in 51:8 Md. R. 371—372 (April 19, 2024), has been adopted with the nonsubstantive changes shown below.
Effective Date: June 24, 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:
The text has been revised to more clearly establish the authority under which a public notice would be issued and describe how a violation of the notice would be cited by the Natural Resources Police. These changes are clarifying in nature and are not more restrictive than the originally proposed text.
.10 Bluefish.
A.—C. (proposed
text unchanged)
D. General.
(1) The Secretary may establish or modify catch limits, size limits, or seasons in [[State
waters]] order to implement the Atlantic States Marine Fisheries Commission
Interstate Fishery Management Plan for Bluefish by publishing notice on
the Department’s website.
(2)—(3) (proposed text unchanged)
(4) A violation of the restrictions set by the Secretary in accordance
with this section is a violation of this regulation.
JOSH KURTZ
Secretary of Natural Resources
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland
Notice of Final Action
[23-257-F-I]
On June 4, 2024, the Secretary of Health adopted amendments to Regulations .05 and .07 under COMAR 10.09.02 Physicians’ Services. This action, which was proposed for adoption in 50:24 Md. R. 1048—1049 (December 1, 2023), has been adopted as proposed.
Effective Date: June 24, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Notice of Final Action
[23-260-F]
On June 4, 2024, the Secretary of Health adopted amendments to:
(1) Regulations .02 and .06 under COMAR 10.09.39 Doula Services;
(2) Regulation .20 under COMAR 10.67.04 Maryland Medicaid Managed Care Program: Managed Care Organizations; and
(3) Regulation .28 under COMAR 10.67.06 Maryland Medicaid Managed Care Program: Benefits.
This action, which was proposed for adoption in 50:24 Md. R. 1049-1050 (December 1, 2023), has been adopted as proposed.
Effective Date: June 24, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.53 Early and Periodic Screening, Diagnosis, and Treatment: Nursing Services for Individuals Younger than 21 Years Old
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland
Notice of Final Action
[23-347-F]
On June 4, 2024, the Secretary of Health adopted amendments to Regulations .04 and .05 under COMAR 10.09.53 Early and Periodic Screening, Diagnosis, and Treatment: Nursing Services for Individuals Younger than 21 Years Old. This action, which was proposed for adoption in 51:4 Md. R. 206—207 (February 23, 2024), has been adopted as proposed.
Effective Date: June 24, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.69 Maryland Medicaid Managed Care Program: Rare and Expensive Case Management
Authority: Health-General Article, §§2-104(b), 15-103(b)(4)(i), and 15-105, Annotated Code of Maryland
Notice of Final Action
[23-349-F]
On June 4, 2024, the Secretary of Health adopted amendments to Regulations .02, .11, and .12 under COMAR 10.09.69 Maryland Medicaid Managed Care Program: Rare and Expensive Case Management. This action, which was proposed for adoption in 51:4 Md. R. 209—210 (February 23, 2024), has been adopted as proposed.
Effective Date: June 24, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
Authority: Health-General Article, §§2-104(b), 15-102.8, 15-103, and 15-105, Annotated Code of Maryland
Notice of Final Action
[23-304-F]
On June 4, 2024, the Secretary of Health adopted amendments to Regulations .04 and .05 under COMAR 10.09.92 Acute Hospitals. This action, which was proposed for adoption in 51:1 Md. R. 38—39 (January 12, 2024), has been adopted with the nonsubstantive changes shown below.
Effective Date: June 24, 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 .04C: In response to comments received from the public, the Maryland Department of Health clarifies the application of the coverage expansion of ancillary services during administrative days to include special pediatric hospitals. The changes could have been reasonably anticipated by interested parties, do not substantially change the intended benefits of the regulation, and do not increase the burdens of the regulations as proposed.
.04 Covered Services.
A.—B. (proposed text unchanged)
C. The coverage of ancillary services during administrative
days as described under §B(6) of this regulation applies to special pediatric
hospitals under COMAR 10.09.94.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 21 MENTAL HYGIENE REGULATIONS
10.21.31 Maryland
Mental Health and Substance Use Disorder Registry and Referral System
Authority: Health-General Article, §7.5-802, Annotated Code of
Maryland
Notice of Final Action
[23-338-F]
On May 23, 2024, the Secretary of Health adopted new Regulations .01—.06 under a new chapter, COMAR 10.21.31 Maryland Mental Health and Substance Use Disorder Registry and Referral System. This action, which was proposed for adoption in 51:3 Md. R. 167—168 (February 9, 2024), has been adopted as proposed.
Effective Date: June 24, 2024.
LAURA HERRERA SCOTT
Secretary of Health
10.27.01 Examination and Licensure
Authority: Health Occupations Article, §§8-205, 8-206, 8-302, 8-304, and 8-308, Annotated Code of Maryland
Notice of Final Action
[23-216-F]
On June 5, 2024, the Secretary of Health adopted amendments to Regulation .05 under COMAR 10.27.01 Examination and Licensure. This action, which was proposed for adoption in 50:20 Md. R. 907 (October 6, 2023), has been adopted as proposed.
Effective Date: June 24, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 67 MARYLAND HEALTHCHOICE PROGRAM
Notice of Final Action
[23-337-F]
On June 4, 2024, the Secretary of Health adopted:
(1) Amendments to Regulation .01 under COMAR 10.67.02 Maryland Medicaid Managed Care Program: Eligibility and Enrollment;
(2) The repeal of existing Regulation .03-1, new Regulation .03-1, and amendments to Regulations .03-2, .15, .19, and .19-4 under COMAR 10.67.04 Maryland Medicaid Managed Care Program: Managed Care Organizations;
(3) Amendments to Regulation .02 under COMAR 10.67.05 Maryland Medicaid Managed Care Program: Access;
(4) Amendments to Regulations .26-1, .26-3, and .27 and new Regulation .30 under COMAR 10.67.06 Maryland Medicaid Managed Care Program: Benefits; and
(5) Amendments to Regulation .03
under COMAR 10.67.08 Maryland Medicaid
Managed Care Program: Non-Capitated Covered Services.
This action, which was proposed for adoption in 51:3 Md. R. 174—177 (February 9, 2024), has been adopted as proposed.
Effective Date: June 24, 2024.
LAURA HERRERA SCOTT
Secretary of Health
Proposed Action on Regulations
Title 08
DEPARTMENT OF NATURAL RESOURCES
08.02.13 Fishing Licenses—Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure
Authority: Natural Resources Article, §4-220, Annotated Code of Maryland
Notice of Proposed Action
[24-057-P]
The Secretary of Natural Resources proposes to amend Regulation .05 under COMAR
08.02.13 Fishing Licenses—Point Assignment, License Revocation and Suspension
Schedule and Criteria, and Hearing Procedure.
Statement of Purpose
The purpose of this action is to update the recreational penalty schedule by adding a penalty for failing to immediately release diamondback terrapins, modifying the penalty for violating recreational crabbing catch times, adding penalties for using a prohibited species as bait, and updating references to COMAR. These actions were recommended by the Sport Fisheries Advisory Commission/Tidal Fisheries Advisory Commission Joint Penalty Workgroup.
The action adds a recreational license suspension for failing to release diamondback terrapins immediately. The action establishes a 90-day suspension for a second or subsequent offense. There is currently no recreational penalty for this violation. The action modifies the penalty for recreational crabbers who violate the catch times for crabs. Currently, there is no buffer for recreational crabbing catch time violations, so if someone is convicted of starting 5 minutes early, they are still eligible for a 90-day suspension. The Department is proposing adding a 30-minute buffer for first offenses, which means that a recreational crabber would only be eligible for a suspension if they were convicted of exceeding the catch time by 30 minutes or more. Second or subsequent offenses will remain without a buffer since those individuals are already on notice of potential penalties for their violation.
The action adds penalties for using prohibited species (largemouth bass, smallmouth bass, striped bass, Northern pike, muskie, tiger muskie, brown trout, brook trout, and walleye) as bait. The tiered system that is proposed resembles the Department’s current penalties for striped bass violations.
• 1 fish: no administrative penalty, just a fine in District Court
• 2 fish: 90-day suspension
• 3 fish: 180-day suspension
• 4-10 fish: 1-year suspension
• 11-20 fish: 2-year suspension
• 21 or more fish: 5-year suspension
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action may have an economic impact on suspended or revoked licensees, but the extent of the impact is indeterminable.
II. Types of Economic Impact.
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
A. On issuing agency: |
NONE |
|
B. On other State agencies: |
NONE |
|
C. On local governments: |
NONE |
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
D. On regulated industries or trade groups: |
|
|
Recreational anglers and crabbers |
(-) |
Indeterminable |
E. On other industries or trade groups: |
NONE |
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. The proposed action may have a negative impact on recreational anglers and crabbers who are suspended or have their licenses revoked based on committing one of the listed offenses. However, it is not possible to determine the number of individuals who may violate the listed laws, nor is it possible to determine to what extent the suspension or revocation would economically impact the individual or individuals.
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 Penalties — Updates to Recreational Penalty System Regulations, Regulatory Staff, Department of Natural Resources, 580 Taylor Ave., E4, Annapolis, MD 21401, or call 410-260-8300, or submit comments at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#penaltysys. Comments will be accepted through July 15, 2024. A public hearing has not been scheduled.
.05 Recreational Fishing Suspension and Revocation.
A.—C. (text unchanged)
D. A person who receives one of the following violations may be suspended for up to 90 days.
Statute or Regulation |
Description |
|
(1)—(13) |
(text unchanged) |
|
(14) |
COMAR 08.02.03.11B |
Time for Catching Crabs — [Recreational]
First Offense, 30 Minutes or More Outside Legal Hours |
(15) |
COMAR 08.02.03.11B |
Time for Catching Crabs —
Second or Subsequent Offense |
[(15)]
(16)—[(61)] (62) |
(text unchanged) |
|
(63) |
COMAR 08.02.20.03 |
Using Prohibited Species as Bait: 2 fish |
[(62)] (64)—[(67)] (69) |
(text unchanged) |
|
(70) |
COMAR 08.03.11.04 |
Possession of Diamondback
Terrapin — Second or Subsequent Offense |
E. A person who receives one of the following violations may be suspended for up to 180 days.
Statute or Regulation |
Description |
|
(1)—(62) |
(text unchanged) |
|
(63) |
COMAR 08.02.20.03 |
Using Prohibited Species as
Bait: 3 fish |
[(63)] (64)—[(65)] (66) |
(text unchanged) |
F. A person who receives one of the following violations may be suspended for up to 1 year.
Statute or Regulation |
Description |
|
(1)—(100) |
(text unchanged) |
|
(101) |
COMAR 08.02.20.03 |
Using
Prohibited Species as Bait: 4—10 fish |
[(101)] (102)—
[(112)] (113) |
(text unchanged) |
G. A person who receives one
of the following violations may be suspended for up to 2 years.
Statute or Regulation |
Description |
|
(1)—(17) |
(text unchanged) |
|
(18) |
COMAR 08.02.20.03 |
Using Prohibited Species as
Bait: 11—20 fish |
H. A person who receives one of the following violations may be suspended for up to 5 years.
Statute or Regulation |
Description |
|
(1)—(14) |
(text unchanged) |
|
(15) |
COMAR 08.02.20.03 |
Using Prohibited Species as
Bait: 21 or more fish |
[J.] I. Any person who in any 8 year period receives five suspensions for violations as described in §§[F—I] E—H of this regulation may be prohibited from engaging in all recreational fishing activities for 5 years.
[K.] J. Any person who in any 3 year period receives three suspensions for violations as described in [§§D or E] §D of this regulation may be prohibited from engaging in all recreational fishing activities for 1 year.
[L.] K.—[N.] M. (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 11 MOTOR VEHICLE ADMINISTRATION—ADMINISTRATIVE PROCEDURES
Authority: Transportation Article, §12-104(b), Annotated Code of Maryland, and as cited in Regulations .02—.06 of this chapter
Notice of Proposed Action
[24-063-P]
The Motor Vehicle Administration proposes to amend Regulations .02—.06
under COMAR 11.11.05 Motor Vehicle Fees.
Statement of Purpose
The purpose of this action is to adjust the fees charged for certain transactions for vehicle titling, driver's license and identification cards, vehicle registration, regulatory business license, and miscellaneous services in order to reflect the cost of providing the services and products covered by these fees in compliance with Transportation Article, §12- 120, Annotated Code of Maryland and to remove an obsolete fee for the sale of law books.
Estimate of Economic Impact
I. Summary of Economic Impact. The MVA charges fees for various driver, vehicle, and business license transactions. Some of these fees have not been modified since 1991 and most have not increased since 2009. Various fees were decreased in 2016. The MVA is required in law to recover 95—100 percent of certain operating costs through its fees. It is currently recovering a little less than 85 percent of its operating costs.
The estimated economic impact to the Administration based on the proposed regulation is estimated to be an annual revenue increase of $43,056,285.
Based on the assumption and the information contained in this fiscal impact statement, the estimate economic impacts are as follows:
(1) Vehicle Titling Fees:
a. Salvage certificate:
i. Original (from $20 to $25);
ii. Duplicate (from $20 to $25);
(2) Driver’s License and Identification Card Fees:
a. Learner’s Instructional Permit (Type 1 Initial Noncommercial License) (from $50 to $65);
b. Learner’s Instructional Permit (Type 2 Subsequent Noncommercial License) (from $30 to $45);
c. Noncommercial Driver’s License – Duplicate/corrected (from $20 to $30);
d. Moped Operator’s License – New issuance (from $20 to $30);
e. Moped Operator’s License – Duplicate/corrected (from $20 to $30);
f. Moped Operator’s License – Renewal (from $15 to $25);
g. Commercial Driver’s License – Instructional Permit. Combining CDLIS fee & includes Skills Test fees (from $90 to $106);
h. Commercial Driver’s License – Duplicate/corrected (from $20 to $30);
i. Driver's license or privilege to drive—application for reinstatement - Not drug or alcohol related (from $45 to $90);
j. Driver's license or privilege to drive—application for reinstatement - Drug or alcohol related (from $75 to $150);
k. Identification Card – New issuance or renewal – Younger than 18, 5 years (from $15 to $24);
(3) Vehicle Registration Fees:
a. Special Registration Fees:
i. Without Emblem or Logo (from $15 to $20);
ii. Emblem or Logo (from $25 to $30);
iii. Chesapeake Bay and State Agriculture registration plates:
1. New plates (from $20 to $25);.
2. Annual fee (from $10 to $12.50);
3. Transfer of registration plates (from $10 to $15);
4. Temporary Registration plates (from $20 to $50);
5.Temporary Registrations – Dealer 60-day temporary plate (from $15 to $50);
(4) Regulatory Business License Fees:
a. New car dealer (from $225 to $300);
b. Used car dealer (from $225 to $300);
c. Motorcycle dealer (from $135 to $200);
d. Trailer dealer (from $135 to $200);
e. Trailer dealer-trailers less than 15 feet in length or boat trailers (from $45 to $100);
f. Dealer License - Emergency Vehicle (from $225 to $250);
g. Automotive dismantler and recycler (from $180 to $250);
h. Scrap processor (from $180 to $250);
i. Factory branch (from $900 to $1,000);
j. Manufacturer or distributor fee based on number of vehicles transferred to dealers during previous license year, as follows:
i. 1-50 vehicles (from $90 to $100);
ii. 51-500 (from $270 to $300);
iii. 501-10,000 (from $450 to $500);
iv. Over 10,000 vehicles (from $900 to $1000);
k. Wholesale dealer (from $225 to $350);
l. Vehicle salesperson (from $67.50 to $75);
m. Title service agent (from $56.25 to $75);
n. Drivers' school license application fee (from $180 to $200);
o. Drivers' school or branch license (includes 2-year renewal) (from $135 to $150);
p. Driving instructor's license (2-year renewal) (from $135 to $150);
(5) Miscellaneous Fees:
a. Copies of driver or vehicle records as follows - Certified (from $12 to $15);
b. Copies of driver or vehicle records as follows – Noncertified (from $9 to $12);
(6) Sales of Partial Records or Listings:
a. For each additional record - to governmental agencies (from $0.025 to $0.05);
b. For each additional record - to others (from $0.05 to $0.50).
II. Types of Economic Impact.
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
A. On issuing agency: |
|
|
(1) Driver License - Duplicate |
(R+) |
$1, 337, 850 |
(2) Driver License - Corrected |
(R+) |
1,863,030 |
(3) Salvage Certificate – Original |
(R+) |
534,095 |
(4) Salvage Certificate – Duplicate |
(R+) |
6,580 |
(5) Learner’s Instructional Permit (Type 1 – Initial) |
(R+) |
1,539,885 |
(6) Learner’s Instructional Permit (Type 2 – Subsequent) |
(R+) |
4,620 |
(7) Moped Operator’s License – New issuance |
(R+) |
280 |
(8) Moped Operator’s License – Duplicate/corrected |
(R+) |
80 |
(9) Moped Operator’s License – Renewal |
(R+) |
200 |
(10) Commercial Driver's License – Instructional Permit |
(R+) |
150,464 |
(11) Commercial Driver's License - Duplicate/corrections |
(R+) |
122,290 |
(12) Driver license or privilege to drive - application for reinstatement - not drug or alcohol related |
(R+) |
7,200 |
(13) Driver license or privilege to drive - application for reinstatement - drug or alcohol related |
(R+) |
7,875 |
(14) Identification Card - New Issuance |
(R+) |
158,661 |
(15) Special Registration Fees – Without Emblem or Logo |
(R+) |
12,965 |
(16) Special Registration Fees - Emblem or Logo |
(R+) |
65 |
(17) Chesapeake Bay – new plates |
(R+) |
175,000 |
(18) Chesapeake Bay – annual fee |
(R+) |
0 |
(19) State Agriculture plates – new plates |
(R+) |
37,500 |
(20) State Agriculture plates – annual fee |
(R+) |
0 |
(21) Transfer of Registration plates |
(R+) |
584,010 |
(22) Temporary Registration plates |
(R+) |
5,045,640 |
(23) Temporary Registration - Dealer 60-day temporary plate |
(R+) |
16,293,970 |
(24) New car dealer license |
(R+) |
13,425 |
(25) Used car dealer license |
(R+) |
28,425 |
(26) Motorcycle dealer license |
(R+) |
1,885 |
(27) Trailer dealer |
(R+) |
4,680 |
(28) Trailer dealer-trailers less than 15 feet in length or boat trailers |
(R+) |
1,045 |
(29) Automotive dismantler and recycler |
(R+) |
6,720 |
(30) Scrap processor |
(R+) |
1,050 |
(31) Factory branch |
(R+) |
0 |
(32) Manufacturer or distributor fee based on number of vehicles transferred to dealers during previous license year, as follows: |
(R+) |
|
(i) 1-50 vehicles |
(R+) |
0 |
(ii) 51-500 |
(R+) |
0 |
(iii) 501 – 10,000 |
(R+) |
0 |
(iv) Over 10,000 vehicles |
(R+) |
5,700 |
(33) Wholesale dealer |
(R+) |
55,250 |
(34) Vehicle salesperson |
(R+) |
38,805 |
(35) Title service agent |
(R+) |
5,981 |
(36) Drivers' school license application fee |
(R+) |
1,020 |
(37) Drivers' school or branch license (includes 2-year renewal) |
(R+) |
2,100 |
(38) Driving instructor’s license (2-year renewal) |
(R+) |
9,510 |
(39) Driver or vehicle records - Certified |
(R+) |
219,873 |
(40) Driver or vehicle records - Noncertified |
(R+) |
6,051,543 |
(41) Sales of Partial Records or Listings: |
|
|
(i) For each additional record – to governmental agencies |
(R+) |
126,577 |
(ii) For each additional record – to others |
(R+) |
8,387,936 |
B. On other State agencies: |
NONE |
|
C. On local governments: |
NONE |
|
|
|
|
|
Benefit (+) Cost (-) |
Magnitude |
D. On regulated industries or trade groups: |
|
|
(1) Chesapeake Bay - new plates |
(+) |
175,000 |
(2) Chesapeake Bay - annual fee |
(+) |
175,000 |
(3) State Agriculture plates - annual fee |
(+) |
37,500 |
(4) State Agriculture plates - new plates |
(+) |
37,500 |
E. On other industries or trade groups: |
NONE |
|
F. Direct and indirect effects on public: |
|
|
(1) Driver License - Duplicate |
(-) |
$1, 337, 850 |
(2) Driver License - Corrected |
(-) |
1,863,030 |
(3) Salvage Certificate – Original |
(-) |
534,095 |
(4) Salvage Certificate – Duplicate |
(-) |
6,580 |
(5) Learner’s Instructional Permit (Type 1 – Initial) |
(-) |
1,539,885 |
(6) Learner’s Instructional Permit (Type 2 – Subsequent) |
(-) |
4,620 |
(7) Moped Operator’s License – New issuance |
(-) |
280 |
(8) Moped Operator’s License – Duplicate/corrected |
(-) |
80 |
(9) Moped Operator’s License – Renewal |
(-) |
200 |
(10) Commercial Driver's License – Instructional Permit |
(-) |
150,464 |
(11) Commercial Driver's License - Duplicate/corrections |
(-) |
122,290 |
(12) Driver license or privilege to drive - application for reinstatement - not drug or alcohol related |
(-) |
7,200 |
(13) Driver license or privilege to drive - application for reinstatement - drug or alcohol related |
(-) |
7,875 |
(14) Identification Card - New issuance |
(-) |
158,661 |
(15) Special Registration Fees – Without Emblem or Logo |
(-) |
12,965 |
(16) Special Registration Fees - Emblem or Logo |
(-) |
65 |
(17) Chesapeake Bay – new plates |
(-) |
175,000 |
(18) Chesapeake Bay – annual fee |
(-) |
0 |
(19) State Agriculture plates – new plates |
(-) |
37,500 |
(20) State Agriculture plates – annual fee |
(-) |
0 |
(21) Transfer of Registration
plates |
(-) |
584,010 |
(22) Temporary Registration
plates |
(-) |
5,045,640 |
(23) Temporary Registration - Dealer 60-day temporary plate |
(-) |
16,293,970 |
(24) New car dealer license |
(-) |
13,425 |
(25) Used car dealer license |
(-) |
28,425 |
(26) Motorcycle dealer license |
(-) |
1,885 |
(27) Trailer dealer |
(-) |
4,680 |
(28) Trailer dealer - trailers less than 15 feet in length or boat trailers |
(-) |
1,045 |
(29) Automotive dismantler and recycler |
(-) |
6,720 |
(30) Scrap processor |
(-) |
1,050 |
(31) Factory branch |
(-) |
0 |
(32) Manufacturer or distributor fee based on number of vehicles transferred to dealers during previous license year, as follows: |
(-) |
|
(i) 1-50 vehicles |
(-) |
0 |
(ii) 51-500 |
(-) |
0 |
(iii) 501 – 10,000 |
(-) |
0 |
(iv) Over 10,000 vehicles |
(-) |
5,700 |
(33) Wholesale dealer |
(-) |
55,250 |
(34) Vehicle salesperson |
(-) |
38,805 |
(35) Title service agent |
(-) |
5,981 |
(36) Drivers' school license application fee |
(-) |
1,020 |
(37) Drivers' school or branch license (includes 2-year renewal) |
(-) |
2,100 |
(38) Driving instructor’s
license (2-year renewal) |
(-) |
9,510 |
(39) Driver or vehicle records - Certified |
(-) |
219,873 |
(40) Driver or vehicle records - Noncertified |
(-) |
6,051,543 |
(41) Sales of Partial Records or Listings: |
|
|
(i) For each additional record - to governmental agencies |
(-) |
126,577 |
(ii) For each additional record – to others |
(-) |
8,387,936 |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A(1) and F(1). The increase in the fee for duplicate driver licenses will generate an additional $1,337,850 annually, based on an increase of $30 each for the approximately 133,785 duplicate titles issued annually.
A(3) and F(3). The increase in the fee for original salvage certificates will generate an additional $534,095 annually, based on an increase of $5 each for the approximately 106,819 salvage certificates issued annually.
A(4) and F(4). The increase in the fee for duplicate salvage certificates will generate an additional $6,580 annually, based on an increase of $5 each for the approximately 1,316 duplicate salvage certificates issued annually.
A(5) and F(5). The increase in the fee for learner’s Instructional permit (type 1 – initial) will generate an additional $1,539,885 annually, based on an increase of $15 each for the approximately 102,659 learner’s Instructional permit (type 1 – initial) issued annually.
A(6) and F(6). The increase in the fee for learner’s Instructional permit (type 2 – subsequent) will generate an additional $4,620 annually, based on an increase of $15 each for the approximately 308 learner’s Instructional permit (type 2 – subsequent) issued annually.
A(7) and F(7). The increase in the fee for original new moped operator’s license will generate an additional $280 annually, based on an increase of $10 each for the approximately 28 original new moped operator’s licenses issued annually.
A(8) and F(8). The increase in the fee for duplicate and corrected moped operator’s license will generate an additional $80 annually, based on an increase of $10 each for the approximately 8 duplicate and corrected moped operator’s licenses issued annually.
A(9) and F(9). The increase in the fee for renewal moped operator’s license will generate an additional $200 annually, based on an increase of $10 each for the approximately 20 renewal moped operator’s licenses issued annually.
A(10) and F(10). The increase in the fee for commercial driver’s license instructional permit will generate an additional $150,464 annually, based on an increase of $16 each for the approximately 9,404 commercial driver’s license instructional permits issued annually. NOTE: the MVA is combining the CDLIS fee with the base product price.
A(11) and F(11). The increase in the fee for duplicate and corrected commercial driver’s license will generate an additional $122,290 annually, based on an increase of $10 each for the approximately 12,229 duplicate and 9,414 corrected commercial driver’s licenses issued annually.
A(12) and F(12). The increase in the fee for driver’s license or privilege to drive, application for reinstatement, not drug or alcohol related, will generate an additional $7,200 annually, based on an increase of $45 each for the approximately 160 driver’s license or privilege to drive, application for reinstatement, not drug or alcohol related, issued annually.
A(13) and F(13). The increase in the fee for driver’s license or privilege to drive, application for reinstatement, drug or alcohol related, will generate an additional $7,875 annually, based on an increase of $75 each for the approximately 105 driver’s license or privilege to drive, application for reinstatement, drug or alcohol related, issued annually.
A(14) and F(14). The increase in the fee for original new identification card will generate an additional $158,661 annually, based on an increase of $9 each for the approximately 17,629 original new identification cards issued annually.
A(15) and F(15). The increase in the fee for special registration fees, without emblem or logo will generate an additional $12,965 annually, based on an increase of $5 each for the approximately 2,593 special registration fees, without emblem or logo, issued annually.
A(16) and F(16).The increase in the fee for special registration fees, emblem or logo, will generate an additional $65 annually, based on an increase of $5 each for the approximately 13 special registration fees, emblem or logo, issued
A(17) and F(17). The increase in the fee for new Chesapeake Bay plates will generate an additional $350,000 annually ($175,000*), based on an increase of $5.00 each for the approximately 70,000 new Chesapeake Bay plates issued annually. *Note, the MVA divides the revenue equally from new issuance of plates between itself to recover costs and the Chesapeake Bay Trust.
A(18) and F(18). The increase in the fee for Chesapeake Bay, annual fee, will generate an additional $175,000 annually, based on an increase of $2.50 each for the approximately 70,000 Chesapeake Bay, annual fee, issued annually. Note, annual fee goes directly to the Chesapeake Bay Trust, no revenue increase to the MVA.
A(19) and F(19). The increase in the fee for new State Agriculture plates will generate an additional $75,000 annually ($37,500*), based on an increase of $5.00 each for the approximately 15,000 new State Agriculture plates issued annually. *Note, the MVA divides the revenue equally from new issuance of plates between itself to recover costs and the Maryland Agricultural Education Foundation.
A(20) and F(20). The increase in the fee for State Agriculture plates, annual fee, will generate an additional $37,500 annually, based on an increase of $2.50 each for the approximately15,000 State Agriculture plates, annual fee, issued annually. Note, annual fee goes directly to the Maryland Agricultural Education Foundation, no revenue increase to the MVA.
A(21) and F(21). The increase in the fee for transfer of registration plates will generate an additional $584,010 annually, based on an increase of $5 each for the approximately 116,802 transfer of registration plates issued annually.
A(22) and F(22). The increase in the fee for temporary registration plates will generate an additional $5,045,640 annually, based on an increase of $30 each for the approximately 168,188 temporary registration plates issued annually.
A(23) and F(23). The increase in the fee for temporary registrations, Dealer 60-day temporary plate, will generate an additional $16,293,970 annually, based on an increase of $35 each for the approximately 465,542 temporary registrations issued annually.
A(24) and F(24). The increase in the fee for new car dealer license will generate an additional $13,425 annually, based on an increase of $75 each for the approximately 179 new car dealer license issued annually.
A(25) and F(25). The increase in the fee for used car dealer license will generate an additional $28,425 annually, based on an increase of $75 each for the approximately 379 used car dealer license issued annually.
A(26) and F(26). The
increase in the fee for motorcycle dealer license will generate an additional
$1,885 annually, based on an increase of $65 each for the approximately 29
motorcycle dealer license issued annually.
A(27) and F(27). The
increase in the fee for trailer dealer licenses will generate an additional
$4,680 annually, based on an increase of $65 each for the approximately 72
trailer dealer licenses issued annually.
A(28) and F(28). The
increase in the fee for trailer dealer licenses, trailers less than 15 feet in
length or boat trailers, will generate an additional $1,045 annually, based on
an increase of $55 each for the approximately 19 trailer dealer licenses issued
annually.
A(29) and F(29). The
increase in the fee for automotive dismantler and recycler license will
generate an additional $6,720 annually, based on an increase of $70 each for
the approximately 96 automotive dismantler and recycler licenses issued
annually.
A(30) and F(30). The increase in the fee for scrap processor licenses will generate an additional $1,050 annually, based on an increase of $70 each for the approximately 15 scrap processor licenses issued annually.
A(31) and F(31). The increase in the fee for factory branch licenses will generate an additional $0 annually, based on an increase of $100 each for the approximately 1 factory branch license issued annually.
(i)
$0 annually, based on an increase of $10 for 1—50 vehicles
(ii) $0 annually, based on an increase of $30 for 51—500 vehicles
(iii) $0 annually, based on an increase of $50 for 501—10,000 vehicles
(iv) $5,700 annually, based on an increase of $100 for over 10,000 vehicles
A(34) and F(34). The
increase in the fee for vehicle salesperson license will generate an additional
$38,805 annually, based on an increase of $7.50 each for the approximately
5,174 vehicle salesperson licenses issued annually.
A(35) and F(35). The
increase in the fee for title service agent will generate an additional $5,981
annually, based on an increase of $18.75 each for the approximately 319 title
service agent issued annually.
The increase in the fee for drivers’ school license applications will generate an additional $1,020 annually, based on an increase of $20 each for the approximately 51 drivers’ school license applications issued annually.
A(36) and F(36). The increase in the fee for drivers’ school license applications will generate an additional $1,020 annually, based on an increase of $20 each for the approximately 51 drivers’ school license applications issued annually.
A(37) and F(37). The increase in the fee for drivers’ school or branch license will generate an additional $2,100 annually, based on an increase of $15 each for the approximately 140 drivers’ school or branch license issued annually.
A(38) and F(38). The
increase in the fee for driving instructor’s license will generate an
additional $9,510 annually, based on an increase of $15 each for the
approximately 634 driving instructor’s license issued annually.
A(39) and F(39). The
increase in the fee for certified driver or vehicle records will generate an
additional $219,873 annually, based on an increase of $3 each for the
approximately 73,291 certified driver or vehicle records issued annually.
A(40) and F(40). The increase in the fee for noncertified driver or vehicle records will generate an additional $6,051,543 annually, based on an increase of $3 each for approximately 2,017,181 noncertified driver or vehicle records issued annually.
A(41) and F(41). The increase in the fee for sales of partial records or listings will generate an additional $8,514,513 annually, based on an increase of:
(i) $0.025 annually for each additional record – to governmental
agencies for approximately 126,577 records; and
(ii) $0.045 annually for each additional record – to others for approximately 8,387,936 records.
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 Tracey C. Sheffield , Regulations Coordinator, MVA, 6601 Ritchie Highway N.E., Room 200, Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.maryland.gov. Comments will be accepted through July 15, 2024. A public hearing has not been scheduled.
.02 Vehicle Titling Fees.
Service |
Section |
Fee |
A.—B. (text unchanged) |
|
|
C. Salvage certificate
|
13-506 and 13-507 |
[20] 25 |
D. Salvage certificate—duplicate
|
13-506 and 13-507 |
[20] 25 |
E.—H. (text unchanged)
|
.03 Driver's License and Identification Card Fees.
Service |
Section |
Fee |
A. Learner's Instructional Permit (Type 1 Initial Noncommercial License).
This fee includes issuance of an initial driver's license if the applicant meets
all requirements before permit expiration, and includes the $5 fee for the conversion
of provisional license to driver's license. |
16-111.1, |
[$50]
$65 |
B. Learner's Instructional Permit (Type 2 Subsequent Noncommercial License).
This fee applies to learner's permits issued for purposes other than that of the
initial license, and includes issuance of the license if the applicant meets all
requirements before permit expiration. |
16-111.1, |
[30]
45 |
C. Noncommercial Driver's License: |
||
(1) (text unchanged) |
||
(2) Duplicate or corrected |
16-111.1 and |
[20]
30 |
(3) (text unchanged) |
|
|
D. Moped Operator's License: |
||
(1) New issuance |
16-104.2 and |
[20]
30 |
(2) Duplicate or corrected |
16-104.2 and |
[20]
30 |
(3) Renewal |
16-104.2 and |
[15]
25 |
E. Commercial Driver's License: |
||
(1) Instructional
Permit. Includes issuance of license if issued before permit expiration. |
16-818 |
[30]
66 |
(2) New
Issuance. If a learner's instructional permit is not required. |
16-818 |
[30]
50 |
(3) — (4) (text unchanged) |
|
|
[(5) Commercial Driver's License Information
System (CDLIS) fee |
16-818 |
20] |
[(6)] (5) (text unchanged) |
||
16-818 |
[20]
30 |
F. Driver's license or privilege to drive—application
for reinstatement: |
||
16-209 |
[45]
90 |
|
16-209 |
[75]
150 |
|
|
|
|
12-301 and |
[15]
24 |
|
(2) — (6) (text unchanged) |
|
|
I. (text unchanged) |
.04 Vehicle Registration Fees.
Service |
Section |
Fee |
A. Special Registration Fees. |
||
|
[15]
$20 |
|
(2) Special
registration plates with emblem or logo. Fee paid on issuance of new or replacement
plates. |
13-619, |
[25]
30 |
13-618 |
[20]
25 |
|
(b) Annual
fee in addition to the annual registration fee required. |
13-618 |
[10]
12.50 |
(4) Special registration plates
honoring State Agriculture. |
||
(a) Fee paid on issuance of
new plates. |
13-619.2 |
[20]
25 |
(b) Annual fee in addition to
the annual registration fee required. |
13-619.2 |
[10]
12.50 |
(5) (text unchanged) |
||
B. — D. (text unchanged) |
|
|
E. Transfer of registration plates. |
13-502.1 |
[10]
15 |
F. — H. (text unchanged) |
|
|
I. Temporary Registrations. |
||
(1) Temporary registration |
13-405 |
[20]
50 |
(2) Dealer 60-day temporary plate
|
13-601 |
[15]
50 |
(3) — (4) (text unchanged) |
|
|
J. — M. (text unchanged) |
.05 Regulatory Business License Fees.
Service |
Section |
Fee |
A. New car dealer. |
15-307 |
[$225]
$300 |
B. Used car dealer. |
15-307 |
[225]
300 |
C. Motorcycle dealer. |
15-307 |
[135]
200 |
D. Trailer dealer. |
15-307 |
[135]
200 |
E. Trailer dealer—trailers less than 15 feet in
length or boat trailers. |
15-307 |
[45]
100 |
15-505 |
[180]
250 |
G. Scrap processor. |
15-505 |
[180]
250 |
H. Factory branch. |
15-204 |
[900]
1,000 |
15-204 |
||
[90]
100 |
||
[270]
300 |
||
[450]
500 |
||
[900]
1,000 |
||
J. Wholesale dealer. |
15-307 |
[225]
350 |
K. Vehicle salesperson. |
15-406 |
[67.50]
75 |
L. Title service agent. |
15-603 |
[56.25]
75 |
M. Drivers' school license application fee. |
15-703 |
[180]
200 |
N. Drivers' school or branch license (includes 2-year renewal). |
15-704 |
[135]
150 |
O. Driving instructor's license (2-year renewal). |
15-805 |
[135]
150 |
P. — T. (text unchanged) |
|
|
.06 Miscellaneous Fees.
. |
Section |
Fee |
A. Repealed |
||
B. Repealed |
||
[C.]
A. —[N.] L. (text unchanged) |
|
|
[O. Sale of law books. |
12-115 |
$35 ] |
[P.]
M. Copies of driver or vehicle records as follows: |
12-113 |
|
(1) Certified |
[$12]
$15 |
|
(2) Noncertified |
[$9]
$12 |
|
[Q.]
N. Sales of Partial Records or Listings. |
12-112 |
|
(1) (text unchanged) |
||
(2) For each additional record:
|
||
(a) To governmental agencies
|
[$0.025]
$0.05 |
|
(b) To others |
[$0.05]
$0.50 |
|
[R.]
O. —[S.] P. (text unchanged) |
CHRISTINE NIZER
Administrator
Motor Vehicle Administration
Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 10 CORRECTIONAL TRAINING COMMISSION
Authority: Correctional Services Article, §§2-109 and 8-208[; Public Safety Article, §3-207;], Annotated Code of Maryland
Notice of Proposed Action
[24-065-P]
The Correctional Training Commission proposes to amend Regulations
.21 and .22 under COMAR 12.10.01 General Regulations. This
action was considered and approved by the Correctional Training Commission at a
public meeting held on April 11, 2024.
Statement of Purpose
The purpose of this action is to update selection standards for individuals pursuing a profession in the field of Corrections. The 2023 change to Maryland's laws regarding use and possession of cannabis for recreational use has resulted in the need for clarifying language to be adopted by the Correctional Training Commission. The proposed changes to COMAR are intended to align the current drug screening and prior substance abuse regulations with Maryland law.
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 Jennifer Beskid, Executive Director, Correctional Training Commission, 6852 4th Street, Sykesville, MD 21784, or call 410-875-3601, or email to jennifer.beskid@maryland.gov. Comments will be accepted through July 15, 2024. A public hearing has not been scheduled.
.21 Drug Screening Procedures.
A. (text unchanged)
B. Positive Urine Sample Results.
(1) (text unchanged)
[(2) A positive screen for a controlled dangerous substance, narcotic drug, or marijuana conclusively establishes that the individual providing the sample:
(a) Is not of good moral character established under Regulation .04 or .07 of this chapter; and
(b) Except as provided under §B(3) of this regulation, may not be employed or Commission-certified in a mandated position.]
[(3)] (2) (text unchanged)
C. (text unchanged)
.22 Prior Substance Abuse by Applicants for Certification.
A.―B. (text unchanged)
C. Prior and Current Use Criteria.
(1) The Commission may not certify an applicant to a mandated position if the applicant has, within the:
(a) 12-month period immediately preceding the date of hire,
unlawfully, according to Maryland
law, used natural cannabis or natural cannabinoids; [and] or
(b) (text unchanged)
(2)―(6) (text unchanged)
D.―E. (text unchanged)
CAROLYN J. SCRUGGS
Secretary of Public Safety and Correctional Services
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 24-WQC-0010
(38.349084, -76.228819)
Hoopers Island, MD 21622
(Dorchester County, Maryland)
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 24-WQC-0010.
Location: Honga River Federal Navigation Channel. Located beneath MD Route 335 (Hoopers Island Road)
The purpose of the project is to maintain the Honga River Channel to its authorized dimensions and provide dredged material for the Barren Island restoration project which is part of the Mid-Bay Islands Restoration Project.
Description of Authorized Work: Approximately 325,000 cubic yards of material consisting primarily of mud/silt will be hydraulically dredged from the Honga River Channel to its authorized dimensions. A pipeline will transport the dredged material to a placement site on the southwest side of Barren Island. The location of the pipeline will move periodically as the dredging moves along the channel. The placement site along Barren Island is being used to help with the recovery and restoration of Barren Island as part of the greater Mid-Chesapeake Bay Island Restoration.
The WQC and its attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This Water Quality Certification is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.
Contact: Danielle Spendiff at danielle.spendiff1@maryland.gov or 410-537-4023.
[24-12-10]
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 24-WQC-0022
Maryland Transportation Authority
8019 Corporate Drive, Suite F
Nottingham, MD 21236
Add’l. Info: Pursuant to COMAR 26.08.02.10F(1)(d), the Maryland Department of the Environment is providing notice of a scheduled Public Hearing for Water Quality Certification 24-WQC-0022.
Location: I-695 over the Patapsco River, within
Baltimore City and Baltimore and Anne Arundel Counties
The Maryland Transportation Authority has requested a Water
Quality Certification for demolition of the stable standing structures
comprising the remaining Francis Scott Key Bridge in preparation for bridge
reconstruction.
The purpose of this notice is to solicit comments from the public about the proposed work and to announce the date of a Maryland Department of the Environment public informational hearing on the request for certification. At this time, no decision has been made as to whether a certification will be issued. A public informational hearing has been scheduled for the referenced project on Thursday, August 1, 2024 at the Baltimore County Public Library, North Point Branch, located at 1716 Merritt Blvd., Dundalk, MD 21222. A poster session will be held from 4:30 PM to 5:30 PM; the informational hearing will begin at 5:30 PM and end no later than 7:30 PM. Written comments will be accepted until August 15, 2024. Additional information on this project is available at the following link:
https://mde.maryland.gov/programs/water/WetlandsandWaterways/Pages/ FrancisScottKeyBridge.aspx.
Contact: Matthew Wallach at matthew.wallach@maryland.gov or 410-207-0893.
[24-12-11]
Notice
of ADA Compliance
The State of Maryland is committed to
ensuring that individuals with disabilities are able to fully participate in
public meetings. Anyone planning to
attend a meeting announced below who wishes to receive auxiliary aids,
services, or accommodations is invited to contact the agency representative at
least 48 hours in advance, at the telephone number listed in the notice or
through Maryland Relay.
STATE COLLECTION AGENCY LICENSING BOARD
Date and Time: July 9, 2024, 2 — 3 p.m.; Thereafter, the public meetings will take place the second Tuesday of every month, accessed via the Google Meet information below.
Add’l. Info: Google Meet joining info:
Video call link:
https://meet.google.com/ahz-mgnk-jsu
Or dial: (US) +1 530-738-1353‬
PIN: 815 799 863#
Contact: Kelly Mack 410-230-6079
[24-12-02]
COMMISSION ON CRIMINAL SENTENCING POLICY
Date and Time: July 9, 2024, 5:30 PM — 7:30 PM
Place: Via videoconference
Add’l. Info: A livestream of the meeting is available at:
https://www.youtube.com/watch?v=tJnc9cp-GgM
Contact: David Soule 301-403-4165
[24-12-04]
Date and Time: June 26, 2024, 9 a.m.
Place: Via Google Hangouts and Meet and in person at 1800 Washington Blvd., Baltimore MD 21230
Add’l. Info: A portion of this meeting will be held in closed session.
Contact: Amanda Redmiles 410-537-4466
[24-12-01]
Subject: Women’s Breast and Cervical Cancer Program (WBCCHP) Sunsetting
Transition Plan
Add’l. Info: The Department of Health (the Department) gives public notice of its intent to sunset the Women’s Breast and Cervical Cancer Program (WBCCHP) effective August 1, 2024.
Following passage of the Affordable Care Act (ACA), in 2014, the Department expanded Medicaid to cover adults up to 138% of the federal poverty level (FPL) and the State launched the Maryland Health Connection to make qualified health plans available along with advanced premium tax credits and cost-sharing subsidies to higher income individuals. In light of these changes, the Department closed WBCCHP to new enrollees. The Department permitted existing enrollees between 138% and 250% FPL in active treatment for breast or cervical cancer as of December 31, 2013, to continue coverage. These WBCCHP enrollees qualify for comprehensive Medicaid coverage. As of April 2024, 27 individuals remain enrolled in the program.
The Department is
dedicated to ensuring a smooth coverage transition for individuals currently
enrolled in WBCCHP. The Department will send letters to each WBCCHP enrollee
explaining the sunsetting decision in June 2024. These letters will direct
individuals under the age of 65 to the Maryland Health Connection. Individuals
over 65 will be provided with information on how to apply for Medicare. The
Department will follow-up with individual outreach to ensure WBCCHP enrollees
have the resources needed to seek alternative medical coverage in the summer
and fall.
Through the ACA, WBCCHP enrollees now have new options for accessing care due to the Medicaid expansion and availability of qualified health plans. Additionally, insurers in the individual and group markets are prohibited from imposing pre-existing condition exclusions for those seeking commercial coverage. Former WBCCHP enrollees will qualify for a 60-day Special Enrollment Period (SEP) through Maryland Health Connection as a result of the loss of minimum essential coverage. Individuals over 65 will also qualify for a 6-month Medicare SEP to enroll in Medicare Part A and Part B.
MDH will accept comments from May 17, 2024, and ending on June 16, 2024. Interested parties may send written comments concerning the waiver amendment to Alyssa Brown, Office of Innovation, Research, and Development, Office of Health Care Financing, Maryland Department of Health, 201 West Preston Street, Room 223, Baltimore, MD 21201 or via email to mdh.healthchoicerenewal@maryland.gov.
Contact: Alyssa Brown (410) 767-9795
[24-12-05]
MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION
Subject: Public
Meeting — RESCHEDULED
Date and Time: June 20, 2024, 10 a.m. — 12 p.m.
Place: Via livestream and in person at Montgomery Business Park, 1800 Washington Blvd., Ste. 330, Baltimore, MD
Add’l. Info: The June 27 Commission meeting has been rescheduled to June 20 at 10 a.m. at Lottery Headquarters and via live stream, available the day of the meeting at https://www.mdgaming.com/commission-meeting-6-20-2024/.
Contact: Kathy Lingo 4102308790
[24-12-06]
MARYLAND HEALTH CARE COMMISSION
Date and Time: June 20, 2024, 1 — 4 p.m.
Place: Virtual and in person at 4160 Patterson Ave., Baltimore, MD
Add’l. Info: Meeting will hybrid. Please register to attend virtually at https://mhcc.maryland.gov.
Contact: Valerie Wooding 410-764-3570
[24-12-07]
PROTECTED HEALTH CARE
COMMISSION
Date and Time: July 9, 2024, 12 — 1:30 p.m.
Place: Via Google Meet — please see details below.
Add’l. Info: Joining info:
Meeting link: meet.google.com/wkb-cotb-cuu
Or dial: +1 601-680-7142
PIN: 379 774 925#
Website: https://health.maryland.gov/phpa/mch/Pages/Protected-Health-Care-Commission.aspx
Contact: Becky Shasha 443-695-4446
[24-12-13]
DEPARTMENT OF VETERANS AFFAIRS/MARYLAND VETERANS COMMISSION
Date and Time: July 16, 2024, 10:30 a.m. — 1 p.m.
Place: 29511 Canvasback Dr., Easton, MD
Contact: Denise Nooe 410-260-3840
[24-12-08]