|
Maryland Register
Issue Date: July 12, 2024 Volume 51 • Issue 14 • Pages 665 — 698
Governor Judiciary Regulations Special Documents General Notices
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| Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before June 24, 2024 5 p.m.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 June 24, 2024. Gail S. Klakring Administrator, Division of State Documents Office of the Secretary of State |
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Information About the Maryland
Register and COMAR
MARYLAND REGISTER
The Maryland Register is an official State publication published every
other week throughout the year. A cumulative index is published quarterly.
The Maryland Register is the temporary supplement to the Code of
Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment,
repeal, or emergency action, must first be published in the Register.
The following information is also published regularly in the Register:
• Governor’s Executive Orders
• Attorney General’s Opinions in full text
• Open Meetings Compliance Board Opinions in full text
• State Ethics Commission Opinions in full text
• Court Rules
• District Court Administrative Memoranda
• Courts of Appeal Hearing Calendars
• Agency Hearing and Meeting Notices
• Synopses of Bills Introduced and Enacted
by the General Assembly
• Other documents considered to be in the public interest
CITATION TO THE
MARYLAND REGISTER
The Maryland Register is cited by volume, issue, page number, and date.
Example:
• 19:8 Md. R. 815—817 (April 17,
1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register
issued on April 17, 1992.
CODE OF MARYLAND
REGULATIONS (COMAR)
COMAR is the official compilation of all regulations issued by agencies
of the State of Maryland. The Maryland Register is COMAR’s temporary
supplement, printing all changes to regulations as soon as they occur. At least
once annually, the changes to regulations printed in the Maryland Register are
incorporated into COMAR by means of permanent supplements.
CITATION TO COMAR
REGULATIONS
COMAR regulations are cited by title number, subtitle number, chapter
number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10,
Subtitle 08, Chapter 01, Regulation 03.
DOCUMENTS INCORPORATED
BY REFERENCE
Incorporation by reference is a legal device by which a document is made
part of COMAR simply by referring to it. While the text of an incorporated
document does not appear in COMAR, the provisions of the incorporated document
are as fully enforceable as any other COMAR regulation. Each regulation that
proposes to incorporate a document is identified in the Maryland Register by an
Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or
Repealed, found online, also identifies each regulation incorporating a
document. Documents incorporated by reference are available for inspection in
various depository libraries located throughout the State and at the Division
of State Documents. These depositories are listed in the first issue of the
Maryland Register published each year. For further information, call
410-974-2486.
HOW TO RESEARCH REGULATIONS
An
Administrative History at the end of every COMAR chapter gives information
about past changes to regulations. To determine if there have been any
subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted,
Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf.
This table lists the regulations in numerical order, by their COMAR number,
followed by the citation to the Maryland Register in which the change occurred.
The Maryland Register serves as a temporary supplement to COMAR, and the two
publications must always be used together. A Research Guide for Maryland
Regulations is available. For further information, call 410-260-3876.
SUBSCRIPTION
INFORMATION
For subscription forms for the Maryland Register and COMAR, see the back
pages of the Maryland Register. Single issues of the Maryland Register are $15.00
per issue.
CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS
Maryland citizens and other interested
persons may participate in the process by which administrative regulations are
adopted, amended, or repealed, and may also initiate the process by which the
validity and applicability of regulations is determined. Listed below are some
of the ways in which citizens may participate (references are to State
Government Article (SG),
Annotated
Code of Maryland):
• By submitting data or views on proposed
regulations either orally or in writing, to the proposing agency (see
‘‘Opportunity for Public Comment’’ at the beginning of all regulations
appearing in the Proposed Action on Regulations section of the Maryland
Register). (See SG, §10-112)
• By petitioning an agency to adopt, amend,
or repeal regulations. The agency must respond to the petition. (See SG
§10-123)
• By petitioning an agency to issue a
declaratory ruling with respect to how any regulation, order, or statute
enforced by the agency applies. (SG, Title 10, Subtitle 3)
• By petitioning the circuit court for a
declaratory judgment
on
the validity of a regulation when it appears that the regulation interferes
with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)
• By inspecting a certified copy of any
document filed with the Division of State Documents for publication in the
Maryland Register. (See SG, §7-213)
Maryland Register (ISSN
0360-2834). Postmaster: Send
address changes and other mail to: Maryland Register, State House, Annapolis,
Maryland 21401. Tel. 410-260-3876. Published biweekly, with cumulative indexes
published quarterly, by the State of Maryland, Division of State Documents,
State House, Annapolis, Maryland 21401. The subscription rate for the Maryland
Register is $225 per year (first class mail). All subscriptions post-paid to
points in the U.S. periodicals postage paid at Annapolis, Maryland, and
additional mailing offices.
Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor,
Maryland Register and COMAR; Elizabeth
Ramsey, Editor, COMAR Online, and Subscription Manager;
Front cover: State House, Annapolis, MD, built 1772—79.
Illustrations by Carolyn Anderson, Dept. of General Services
Note: All
products purchased are for individual use only. Resale or other compensated
transfer of the information in printed or electronic form is a prohibited
commercial purpose (see State Government Article, §7-206.2, Annotated Code of
Maryland). By purchasing a product, the buyer agrees that the purchase is for
individual use only and will not sell or give the product to another individual
or entity.
Closing Dates for the Maryland
Register
Schedule of Closing Dates and
Issue Dates for the
Maryland Register ..................................................................... 669
COMAR Research Aids
Table of Pending Proposals ........................................................... 670
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
09 Maryland Department of Labor ......................................... 685
10 Maryland Department of Health ................................ 676, 678
13A State Board of Education ........................................... 678, 690
14 Independent Agencies ............................................... 676, 678
20 Public Service Commission ............................................... 684
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.
Declaration
of a State of Preparedness — Extreme Heat
Anticipated
Emergency Action on Regulations
10 MARYLAND DEPARTMENT OF HEALTH
NATALIE
M. LAPRADE MEDICAL CANNABIS
COMMISSION
Definitions
................................................................................
General
Regulations .................................................................
Patient
and Caregiver Registry
Patient
and Caregiver Identification Cards
New
Condition Approval Process
Medical
Cannabis Grower Premises
Medical
Cannabis Growing Controls
Medical
Cannabis Shipment Packaging
Licensed
Grower Dispensary Facility
Medical
Cannabis Grower Quality Control
Independent
Testing Laboratory Registration
.
Complaints,
Adverse Events, and Recall
Registration
of Ancillary Businesses and Security Guard
Agencies
Medical
Cannabis Processor License
Medical
Cannabis Processor Agent
Medical
Cannabis Processor Premises
Medical
Cannabis Processor Operations
Medical
Cannabis Concentrates and Medical Cannabis-
Infused Products
Medical
Cannabis Finished Products Packaging
Medical
Cannabis Dispensary License
Licensed
Dispensary Operations
Licensed
Dispensary Packaging and Labeling for
Distribution
Licensed
Dispensary Clinical Director
Fee
Schedule ............................................................................
MARYLAND
CANNABIS ADMINISTRATION
Application
Process and Issuance of Licenses
Laboratory
Registration and Operations
Cannabis
Dispensary Operations
10 MARYLAND DEPARTMENT OF HEALTH
MARYLAND
HEALTH CARE COMMISSION
User
Fee Assessment on Payers, Hospitals, and Nursing
Homes
10 MARYLAND DEPARTMENT OF HEALTH
NATALIE
M. LAPRADE MEDICAL CANNABIS
COMMISSION
Patient
and Caregiver Registry
Patient
and Caregiver Identification Cards
New
Condition Approval Process
Medical
Cannabis Grower Premises
Medical
Cannabis Growing Controls
Medical
Cannabis Shipment Packaging
Licensed
Grower Dispensary Facility
Medical
Cannabis Grower Quality Control .............................
Independent
Testing Laboratory Registration
. 678
Complaints,
Adverse Events, and Recall
Registration
of Ancillary Businesses and Security Guard
Agencies
Medical
Cannabis Processor License
Medical
Cannabis Processor Agent
Medical
Cannabis Processor Premises
Medical
Cannabis Processor Operations
Medical
Cannabis Concentrates and Medical Cannabis-
Infused Products
Medical
Cannabis Finished Products Packaging
Medical
Cannabis Dispensary License
Licensed
Dispensary Operations
Licensed
Dispensary Clinical Director
MARYLAND
CANNABIS ADMINISTRATION
Application
Process and Issuance of Licenses
Laboratory
Registration and Operations
Cannabis
Dispensary Operations .............................................
Complaints,
Enforcement, Record Keeping, and Inspections
of Cannabis Businesses
Cannabis
Business Owners ......................................................
SERVICE
SUPPLIED BY ELECTRIC COMPANIES
Small
Generator Facility Interconnection Standards ...............
Proposed Action on Regulations
09 MARYLAND DEPARTMENT OF LABOR
COMMISSIONER
OF FINANCIAL REGULATION
General
Regulations .................................................................
Mortgage
Lenders ....................................................................
Mortgage
Loan Originators ......................................................
Shared
Appreciation Agreements ............................................
GENERAL
INSTRUCTIONAL PROGRAMS
SUSQUEHANNA
RIVER BASIN COMMISSION
Actions Taken at the June 13, 2024 Meeting
Projects Approved for Consumptive Uses of Water
WATER
AND SCIENCE ADMINISTRATION
Water Quality Certification 23-WQC-0050
Water Quality Certification 24-WQC-0006
Water Quality Certification 24-WQC-0008
Water Quality Certification 24-WQC-0027
SUMMARY
OF BCDSS PETITION FOR WAIVERS
PURSUANT TO COMAR 07.01.01.04 ......................... 696
MARYLAND
BOARD OF AIRPORT ZONING
APPEALS (BAZA)
Public
Hearing on Regulations ................................................
Public
Meeting .........................................................................
DEPARTMENT
OF HOUSING AND COMMUNITY
DEVELOPMENT
MARYLAND
HEALTH CARE COMMISSION
Notice
of Request for Proposed Project Change to
Approved Exemption Request
BOARD
OF OCCUPATIONAL THERAPY PRACTICE
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 |
|||
|
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)
08.02.22.02 •
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)
08.08.05.03 • 51:13 Md. R. 649 (6-28-24)
09 MARYLAND DEPARTMENT OF LABOR
09.03.02.01,.04,.09—.13 • 51:14 Md. R. 685
(7-12-24)
09.03.06.02,.04,.06,.16 • 51:14 Md. R. 685
(7-12-24)
09.03.09.02,.07 • 51:14 Md. R. 685 (7-12-24)
09.03.15.01—.05 • 51:14 Md. R. 688 (7-12-24)
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)
09.33.02.01—.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)
10.32.01.10 • 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)
10.63.07.02,.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
12.04.09.02 • 51:13 Md. R. 650 (6-28-24)
12.10.01.21,.22 • 51:12 Md. R. 628 (6-14-24)
13A STATE BOARD OF EDUCATION
13A.03.02.12 •
51:14 Md. R. 690 (7-12-24)
13A.07.02.01 •
51:11 Md. R. 585 (5-31-24)
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)
14.35.01.02 • 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)
14.36.01.01—.03,.09,.11,.13—.16 • 51:13 Md. R. 650
(6-28-24)
14.36.02.02,.05—.11 • 51:13 Md. R. 650 (6-28-24)
14.36.03.01—.03 • 51:13 Md. R. 650 (6-28-24)
14.36.04.02,.03,.06,.07 • 51:13 Md. R. 650 (6-28-24)
14.36.05.01—.06 • 51:13 Md. R. 650 (6-28-24)
14.36.06.01,.03 • 51:13 Md. R. 650 (6-28-24)
14.39.02.01—.32 • 51:6 Md. R. 308 (3-22-24) (ibr)
14.40.06.01,.02 • 51:13 Md. R. 654 (6-28-24)
15 MARYLAND DEPARTMENT OF
AGRICULTURE
15.14.09.03 • 50:25 Md. R. 1103 (12-15-23)
20 PUBLIC SERVICE
COMMISSION
20.50.01.03 • 51:13 Md. R. 655 (6-28-24)
20.50.10.04,.05 • 51:13 Md. R. 655 (6-28-24)
21 STATE PROCUREMENT
REGULATIONS
21.11.14.01 • 51:13 Md. R. 656
(6-28-24)
24 DEPARTMENT OF COMMERCE
(No changes effective since
April 2023)
24.05.22.01—.11 • 51:13 Md. R.
657 (6-28-24)
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
AND MILITARY FAMILIES
35.01.01.02,.05 • 51:11 Md. R. 597 (5-31-24)
Declaration of a
State of Preparedness — Extreme Heat Anticipated
WHEREAS, The State of Maryland is subject to a variety of hazards and disasters, including an impending emergency as defined in Section 14-101(c) of the Public Safety Article of the Maryland Code;
WHEREAS, Pursuant to Executive Order 01.01.2023.20, the Governor may declare a State of Preparedness when he determines that there is a significant risk of a public emergency as defined in the Maryland Emergency Management Act, Md. Code, Public Safety Article § 14-301;
WHEREAS, The declaration of a State of Preparedness ensures a proactive, collaborative and forward-leaning State response to potential or actual emergencies;
WHEREAS, Having been advised and informed by the Maryland Department of Emergency Management that there is a significant risk of prolonged extreme heat that will impact the State, causing near-record high temperatures and heat indices approaching heat advisory levels in all areas of Maryland from Friday June 21st through at least Sunday June 23rd;
WHEREAS, Action is needed to prepare to protect the lives and property of Maryland residents and visitors that may be impacted by the extreme heat;
WHEREAS, Transportation, power utility, water utility, and other critical infrastructures may be negatively affected by the impacts of extreme heat; specifically, prolonged extreme heat can overwhelm the power grid, increase water demand, and increase heat-related illness resulting in capacity issues at healthcare facilities;
WHEREAS, State and local government agencies may require additional resources and support to implement proactive actions and meet the public safety and welfare needs of Maryland residents who may be negatively impacted by the prolonged extreme heat and require sheltering needs due to possible loss of power.
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, AND BASED ON THE ABOVE FINDINGS, HEREBY DECLARE THAT A STATE OF PREPAREDNESS EXISTS IN THE STATE AND THAT PREPARATIONS MUST BE MADE FOR THE ANTICIPATED EXTREME HEAT, AND HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
A. The Maryland Department of Emergency Management is hereby directed to coordinate the State preparedness and response to the impacts of the extreme heat anticipated to begin on June 20th.
B. 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.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 20th Day of June 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-14-13]
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 May 24, 2024, by Executive Order 01.01.2024.17;
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:
A. The Maryland Department of Emergency Management is hereby directed to continue to coordinate the State preparedness and response to impacts of this incident.
B. 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.
C. 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 21st Day of June, 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-14-14]
Rescission of
Executive Order 01.01.2024.21
(Declaration of a
State of Preparedness — Extreme Heat)
WHEREAS, I, Wes Moore, Governor of the State of Maryland, issued Executive Order 01.01.2024.21 (Declaration of a State of Preparedness – Extreme Heat) on June 20, 2024, due to the impending threat of prolonged extreme heat across the State of Maryland; and
WHEREAS, Having been advised and informed by the Maryland Department of Emergency Management and the Maryland Department of Health that the threat of prolonged extreme no longer exists as of Thursday, June 27, 2024 and the related risks to Maryland residents have diminished;
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 PROCLAIM THAT THE STATE OF PREPAREDNESS IS TERMINATED AND I HEREBY RESCIND EXECUTIVE ORDER 01.01.2024.21, EFFECTIVE IMMEDIATELY:
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 28th Day of June 2024.
WES MOORE
GOVERNOR
ATTEST:
SUSAN C. LEE
Secretary of State
[24-14-15]
This is to certify that by an Order of this Court dated June 17, 2024, KELLEE GENEAN BAKER (CPF# 0706110008), as of June 17, 2024, Kellee Genean Baker has been indefinitely suspended by consent, effective immediately, and her 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).
[24-14-12]
Emergency Action on Regulations
Symbol Key
• Roman
type indicates text existing before emergency status was granted.
• Italic
type indicates new text.
• [Single brackets] indicate deleted text.
Emergency Regulations
Under State
Government Article, §10-111(b), Annotated Code of Maryland, an agency may
petition the Joint Committee on Administrative, Executive, and Legislative
Review (AELR), asking that the usual procedures for adopting regulations be set
aside because emergency conditions exist. If the Committee approves the
request, the regulations are given emergency status. Emergency status means
that the regulations become effective immediately, or at a later time specified
by the Committee. After the Committee has granted emergency status, the
regulations are published in the next available issue of the Maryland Register.
The approval of emergency status may be subject to one or more conditions,
including a time limit. During the time the emergency status is in effect, the
agency may adopt the regulations through the usual promulgation process. If the
agency chooses not to adopt the regulations, the emergency status expires when
the time limit on the emergency regulations ends. When emergency status
expires, the text of the regulations reverts to its original language.
Title 14
INDEPENDENT AGENCIES
Subtitle 17 MARYLAND CANNABIS ADMINISTRATION
Notice of Emergency Action
[24-034-E-I]
The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to the repeal of the following existing regulations under COMAR 10.62 Natalie M. LaPrade Medical Cannabis Commission:
(1) Regulation .01 under COMAR 10.62.01 Definitions;
(2) Regulations .01—.05 under COMAR 10.62.02 General Regulations;
(3) Regulations .01—.03 under COMAR 10.62.03 Certifying Providers;
(4) Regulations .01—.06 under COMAR 10.62.04 Patient and Caregiver Registry;
(5) Regulations .01 and .02 under COMAR 10.62.05 Written Certifications;
(6) Regulations .01—.07 under COMAR 10.62.06 Patient and Caregiver Identification Cards;
(7) Regulations .01—.06 under COMAR 10.62.07 New Condition Approval Process;
(8) Regulations .01—.14 under COMAR 10.62.08 Medical Cannabis Grower;
(9) Regulations .01—.09 under COMAR 10.62.09 Medical Cannabis Grower Agent;
(10) Regulations .01—.08 under COMAR 10.62.10 Medical Cannabis Grower Premises;
(11) Regulations .01—.04 under COMAR 10.62.11 Medical Cannabis Growing Controls;
(12) Regulations .01—.09 under COMAR 10.62.12 Inventory Control by Grower;
(13) Regulations .01 and .02 under COMAR 10.62.13 Medical Cannabis Shipment Packaging;
(14) Regulations .01 and .02 under COMAR 10.62.14 Licensed Grower Dispensary Facility;
(15) Regulations .01—.07 under COMAR 10.62.15 Medical Cannabis Grower Quality Control;
(16) Regulations .01—.06 under COMAR 10.62.16 Independent Testing Laboratory Registration;
(17) Regulations .01—.04 under COMAR 10.62.17 Complaints, Adverse Events, and Recall;
(18) Regulations .01—.10 under COMAR 10.62.18 Registration of Ancillary Businesses and Security Guard Agencies;
(19) Regulations .01—.12 under COMAR 10.62.19 Medical Cannabis Processor License;
(20) Regulations .01—.09 under COMAR 10.62.20 Medical Cannabis Processor Agent;
(21) Regulations .01—.07 under COMAR 10.62.21 Medical Cannabis Processor Premises;
(22) Regulations .01—.06 under COMAR 10.62.22 Medical Cannabis Processor Operations;
(23) Regulations .01—.06 under COMAR 10.62.23 Medical Cannabis Concentrates and Medical Cannabis-Infused Products;
(24) Regulation .01 under COMAR 10.62.24 Medical Cannabis Finished Products Packaging;
(25) Regulations .01—.13 under COMAR 10.62.25 Medical Cannabis Dispensary License;
(26) Regulations .01—.09 under COMAR 10.62.26 Registered Dispensary Agent;
(27) Regulations .01—.10 under COMAR 10.62.27 Licensed Dispensary Premises;
(28) Regulations .01—.06 under COMAR 10.62.28 Licensed Dispensary Operations;
(29) Regulations .01 and .02 under COMAR 10.62.29 Licensed Dispensary Packaging and Labeling for Distribution;
(30) Regulations .01—.10 under COMAR 10.62.30 Dispensing Medical Cannabis;
(31) Regulation .01 under COMAR 10.62.31 Licensed Dispensary Clinical Director;
(32) Regulations .01—.03 under COMAR 10.62.32 Records;
(33) Regulations .01—.08 under COMAR 10.62.33 Inspection;
(34) Regulations .01—.09 under COMAR 10.62.34 Discipline and Enforcement;
(35) Regulation .01 under COMAR 10.62.35 Fee Schedule;
(36) Regulations .01—.06 under COMAR 10.62.36 Academic Research; and
(37) Regulations .01—.21 under COMAR 10.62.37 Edible Cannabis Products.
Also at this time, the Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to the following new regulations under a new subtitle, COMAR 14.17 Maryland Cannabis Administration:
(1) New Regulation .01 under a new chapter, COMAR 14.17.01 Definitions;
(2) New Regulations .01—.04 under a new chapter, COMAR 14.17.02 General Regulations;
(3) New Regulations .01—.04 under a new chapter, COMAR 14.17.03 Social Equity;
(4) New Regulations .01—.09 under a new chapter, COMAR 14.17.04 Medical Cannabis Program;
(5) New Regulations .01—.08 under a new chapter, COMAR 14.17.05 Application Process and Issuance of Licenses;
(6) New Regulations .01—.10 under a new chapter, COMAR 14.17.06 Standard Cannabis Licenses;
(7) New Regulations .01—.08 under a new chapter, COMAR 14.17.07 Micro Cannabis Licenses;
(8) New Regulations .01—.07 under a new chapter, COMAR 14.17.08 Laboratory Registration and Operations;
(9) New Regulations .01—.04 under a new chapter, COMAR 14.17.09 Other Cannabis Businesses;
(10) New Regulations .01—.09 under a new chapter, COMAR 14.17.10 Cannabis Grower Operations;
(11) New Regulations .01—.19 under a new chapter, COMAR 14.17.11 Cannabis Processor Operations;
(12) New Regulations .01—.11 under a new chapter, COMAR 14.17.12 Cannabis Dispensary Operations;
(13) New Regulations .01—.11 under a new chapter, COMAR 14.17.13 Cannabis Products;
(14) New Regulations .01—.06 under a new chapter, COMAR 14.17.14 Complaints, Enforcement, Record Keeping, and Inspections of Cannabis Businesses;
(15) New Regulations .01—.05 under a new chapter, COMAR 14.17.15 Cannabis Business Agents;
(16) New Regulations .01—.05 under a new chapter, COMAR 14.17.16 Cannabis Business Owners;
(17) New Regulations .01—.07 under a new chapter, COMAR 14.17.17 Receivership;
(18) New Regulations .01—.07 under a new chapter, COMAR 14.17.18 Finished Product Packaging;
(19) New Regulations .01—.05 under a new chapter, COMAR 14.17.19 Cannabis Research;
(20) New Regulations .01 and .02 under a new chapter, COMAR 14.17.20 Prohibited Acts;
(21) New Regulations .01 and .02 under a new chapter, COMAR 14.17.21 Fees; and
(22) New Regulations .01—.12 under a new chapter, COMAR
14.17.22 Hearing Procedures.
Emergency status began:
June 7, 2024.
Emergency status
expires: August 31, 2024.
Estimate of Economic Impact
The emergency action has no economic impact.
Economic Impact on Small Businesses
The emergency action has minimal or no economic impact on small businesses.
Editor’s Note: The text of
this document will not be printed here because it appeared as a Notice of
Proposed Action in 51:9 Md. R. 444—496 (May 3, 2024), referenced as [24-034-P].
WILLIAM TILBURG
Director
Maryland Cannabis Administration
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 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 24 MARYLAND HEALTH CARE COMMISSION
10.24.01 Procedural Regulations for Health Care Facilities and Services
Authority: Health–General Article, §§19-109(a)(1) and (8), 19-116(b), 19-118(d), 19-120, 19-120.1, and 19-126, et seq., Annotated Code of Maryland
Notice of Final Action
[24-023-F]
On June 20, 2024, the Maryland Health Care Commission adopted amendments to Regulation .12 under COMAR 10.24.01 Procedural Regulations for Health Care Facilities and Services. This action, which was proposed for adoption in 51:8 Md. R. 372—373 (April 19, 2024), has been adopted as proposed.
Effective Date: July 22, 2024.
RANDOLPH S. SERGENT, ESQ.
Chair
Subtitle 25 MARYLAND HEALTH CARE COMMISSION
10.25.03 User Fee Assessment on Payers, Hospitals, and Nursing Homes
Authority: Health-General Article, §19-111, Annotated Code of Maryland
Notice of Final Action
[24-024-F]
On June 20, 2024, the Maryland Health Care Commission adopted amendments to Regulation .02 under COMAR 10.25.03 User Fee Assessment on Payers, Hospitals, and Nursing Homes. This action, which was proposed for adoption in 51:7 Md. R. 337 (April 5, 2024), has been adopted as proposed.
Effective Date: July 22, 2024.
RANDOLPH S. SERGENT, ESQ.
Chair
Title 13A
STATE BOARD OF EDUCATION
Authority: Education Article, §§2-205, 7-101, 7-101.1, 7-210, 7-301, 7-301.1, 7-303—7-305, 7-305.1, 7-307, 7-308, and 8-404, Annotated Code of Maryland; Ch. 273, Acts of 2016; Federal Statutory Reference: 20 U.S.C. §§1232g and 7912
Notice of Final Action
[24-021-F]
On June 25, 2024, the State Board of Education adopted the repeal of existing Regulation .02-3 and new Regulation .02-3 under COMAR 13A.08.01 General Regulations. This action, which was proposed for adoption in 51:7 Md. R. 337—338 (April 5, 2024), has been adopted as proposed.
Effective Date: July 22, 2024.
CAREY M. WRIGHT, Ed.D.
State Superintendent of Schools
Title 14
INDEPENDENT AGENCIES
Subtitle 17
Maryland Cannabis Administration
Notice of Final Action
[24-034-F]
On June 24, 2024, the Maryland Cannabis Administration adopted the repeal of the following existing regulations under COMAR 10.62 Natalie M. LaPrade Medical Cannabis Commission:
(1) Regulation .01 under COMAR 10.62.01 Definitions;
(2) Regulations .01—.05 under COMAR 10.62.02 General Regulations;
(3) Regulations .01—.03 under COMAR 10.62.03 Certifying Providers;
(4) Regulations .01—.06 under COMAR 10.62.04 Patient and Caregiver Registry;
(5) Regulations .01 and .02 under COMAR 10.62.05 Written Certifications;
(6) Regulations .01—.07 under COMAR 10.62.06 Patient and Caregiver Identification Cards;
(7) Regulations .01—.06 under COMAR 10.62.07 New Condition Approval Process;
(8) Regulations .01—.14 under COMAR 10.62.08 Medical Cannabis Grower;
(9) Regulations .01—.09 under COMAR 10.62.09 Medical Cannabis Grower Agent;
(10) Regulations .01—.08 under COMAR 10.62.10 Medical Cannabis Grower Premises;
(11) Regulations .01—.04 under COMAR 10.62.11 Medical Cannabis Growing Controls;
(12) Regulations .01—.09 under COMAR 10.62.12 Inventory Control by Grower;
(13) Regulations .01 and .02 under COMAR 10.62.13 Medical Cannabis Shipment Packaging;
(14) Regulations .01 and .02 under COMAR 10.62.14 Licensed Grower Dispensary Facility;
(15) Regulations .01—.07 under COMAR 10.62.15 Medical Cannabis Grower Quality Control;
(16) Regulations .01—.06 under COMAR 10.62.16 Independent Testing Laboratory Registration;
(17) Regulations .01—.04 under COMAR 10.62.17 Complaints, Adverse Events, and Recall;
(18) Regulations .01—.10 under COMAR 10.62.18 Registration of Ancillary Businesses and Security Guard Agencies;
(19) Regulations .01—.12 under COMAR 10.62.19 Medical Cannabis Processor License;
(20) Regulations .01—.09 under COMAR 10.62.20 Medical Cannabis Processor Agent;
(21) Regulations .01—.07 under COMAR 10.62.21 Medical Cannabis Processor Premises;
(22) Regulations .01—.06 under COMAR 10.62.22 Medical Cannabis Processor Operations;
(23) Regulations .01—.06 under COMAR 10.62.23 Medical Cannabis Concentrates and Medical Cannabis-Infused Products;
(24) Regulation .01 under COMAR 10.62.24 Medical Cannabis Finished Products Packaging;
(25) Regulations .01—.13 under COMAR 10.62.25 Medical Cannabis Dispensary License;
(26) Regulations .01—.09 under COMAR 10.62.26 Registered Dispensary Agent;
(27) Regulations .01—.10 under COMAR 10.62.27 Licensed Dispensary Premises;
(28) Regulations .01—.06 under COMAR 10.62.28 Licensed Dispensary Operations;
(29) Regulations .01 and .02 under COMAR 10.62.29 Licensed Dispensary Packaging and Labeling for Distribution;
(30) Regulations .01—.10 under COMAR 10.62.30 Dispensing Medical Cannabis;
(31) Regulation .01 under COMAR 10.62.31 Licensed Dispensary Clinical Director;
(32) Regulations .01—.03 under COMAR 10.62.32 Records;
(33) Regulations .01—.08 under COMAR 10.62.33 Inspection;
(34) Regulations .01—.09 under COMAR 10.62.34 Discipline and Enforcement;
(35) Regulation .01 under COMAR 10.62.35 Fee Schedule;
(36) Regulations .01—.06 under COMAR 10.62.36 Academic Research; and
(37) Regulations .01—.21 under COMAR 10.62.37 Edible Cannabis Products.
Also at this time, the Maryland Cannabis Administration adopted the following new regulations under a new subtitle, COMAR 14.17 Maryland Cannabis Administration:
(1) New Regulation .01 under a new chapter, COMAR 14.17.01 Definitions;
(2) New Regulations .01—.04 under a new chapter, COMAR 14.17.02 General Regulations;
(3) New Regulations .01—.04 under a new chapter, COMAR 14.17.03 Social Equity;
(4) New Regulations .01—.09 under a new chapter, COMAR 14.17.04 Medical Cannabis Program;
(5) New Regulations .01—.08 under a new chapter, COMAR 14.17.05 Application Process and Issuance of Licenses;
(6) New Regulations .01—.10 under a new chapter, COMAR 14.17.06 Standard Cannabis Licenses;
(7) New Regulations .01—.08 under a new chapter, COMAR 14.17.07 Micro Cannabis Licenses;
(8) New Regulations .01—.07 under a new chapter, COMAR 14.17.08 Laboratory Registration and Operations;
(9) New Regulations .01—.04 under a new chapter, COMAR 14.17.09 Other Cannabis Businesses;
(10) New Regulations .01—.09 under a new chapter, COMAR 14.17.10 Cannabis Grower Operations;
(11) New Regulations .01—.19 under a new chapter, COMAR 14.17.11 Cannabis Processor Operations;
(12) New Regulations .01—.11 under a new chapter, COMAR 14.17.12 Cannabis Dispensary Operations;
(13) New Regulations .01—.11 under a new chapter, COMAR 14.17.13 Cannabis Products;
(14) New Regulations .01—.06 under a new chapter, COMAR 14.17.14 Complaints, Enforcement, Record Keeping, and Inspections of Cannabis Businesses;
(15) New Regulations .01—.05 under a new chapter, COMAR 14.17.15 Cannabis Business Agents;
(16) New Regulations .01—.05 under a new chapter, COMAR 14.17.16 Cannabis Business Owners;
(17) New Regulations .01—.07 under a new chapter, COMAR 14.17.17 Receivership;
(18) New Regulations .01—.07 under a new chapter, COMAR 14.17.18 Finished Product Packaging;
(19) New Regulations .01—.05 under a new chapter, COMAR 14.17.19 Cannabis Research;
(20) New Regulations .01 and .02 under a new chapter, COMAR 14.17.20 Prohibited Acts;
(21) New Regulations .01 and .02 under a new chapter, COMAR 14.17.21 Fees; and
(22) New Regulations .01—.12 under a new chapter, COMAR
14.17.22 Hearing Procedures.
This action, which was proposed for adoption in 51:9 Md. R. 444—496 (May 3, 2024), has been adopted with the nonsubstantive changes shown below.
Effective Date: July 22, 2024.
Attorney General’s Certification
In accordance with the 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 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. The specific changes are as follows:
COMAR 14.17.01.01B(25): To correct a drafting error and conform with its intent to permit adult-use consumers to purchase infused non-edible cannabis products, the Maryland Cannabis Administration (the Administration) will remove infused non-edible products from the definition of a high potency product.
COMAR 14.17.01.01B(29): To clarify the infused non-edible cannabis product category, the Administration will specify that these products are not intended for human consumption by inhalation as well as oral ingestion.
COMAR 14.17.01.01B(57): To correct a drafting error, the Administration is removing children of an adult-use consumer from the definition of the term “visitor”.
COMAR 14.17.05.05B(7): To correct a drafting error, the Administration is correcting a reference to requirements for the conditional license period.
COMAR 14.17.06.04B(1): To clarify requirements for management companies, the Administration is changing the term “registered” to “approved” in its description of requirements for those entities.
COMAR 14.17.06.04H(2)(c): The Administration is correcting a grammatical error by changing the term “greater” to “greatest”.
COMAR 14.17.08.06B(2)(b): To conform with its intent to eliminate vehicle registration requirements, the Administration is deleting a requirement for independent testing laboratories to register their vehicles with the Administration.
COMAR 14.17.09.02H(3): To conform with its intent to eliminate vehicle registration requirements, the Administration is deleting a requirement for cannabis registrants to provide proof that each secure transport vehicle has been inspected by the Administration.
COMAR 14.17.10.02E: The Administration is specifying that a grower, whether indoor or outdoor, must install lighting fixtures to ensure proper surveillance of the perimeter of the cultivation area, which clarifies prior language that lighting requirements do not apply to areas used for cannabis cultivation.
COMAR 14.17.10.02I: The Administration is deleting this section in its entirety to eliminate duplicative text.
COMAR 14.17.10.07A: The Administration is clarifying that the visitor policy applies to guests to areas of the licensed premises used for cannabis operations.
COMAR 14.17.10.08: The Administration is clarifying that if a licensee detects a discrepancy between the inventory of stock and the seed-to-sale tracking system outside of normal weight loss, they must commence an internal investigation of the discrepancy within 1 business day. If the discrepancy cannot be resolved within 30 business days, a licensee must report the unresolved discrepancy to the Administration.
COMAR 14.17.11.17A: The Administration is clarifying that the visitor policy applies to guests to areas of the licensed premises used for cannabis operations.
COMAR 14.17.11.18: The Administration is clarifying that if a licensee detects a discrepancy between the inventory of stock and the seed-to-sale tracking system outside of normal weight loss, they must commence an internal investigation of the discrepancy within 1 business day. If the discrepancy cannot be resolved within 30 business days, a licensee must report the unresolved discrepancy to the Administration.
COMAR 14.17.12.02L(4)(a) and (b): The Administration is correcting a drafting error to clarify that dispensaries are required to use video surveillance to capture activity at areas and entrances to areas where cannabis is packaged, stored, or dispensed.
COMAR 14.17.12.02M(2)(c): The Administration is deleting this text to consolidate it under COMAR 14.17.12.09 Hours of Operations.
COMAR 14.17.12.02O(1)(a): The Administration is clarifying that a dispensary’s drive-through system may be arranged in such a way that an agent is dispensing cannabis through a window built in either the service area or the operations zone.
COMAR 14.17.12.02O(3) and (4): The Administration is correcting typographical errors in these subsections.
COMAR 14.17.12.04.09B: The Administration is consolidating hours of operations provisions under a single regulation by replacing text that was deleted from COMAR 14.17.12.02M(2)(c).
COMAR 14.17.12.08F: To align with Alcoholic Beverages and Cannabis Article, §36-401(g), Annotated Code of Maryland, the Administration is clarifying that after June 30, 2025, only a licensed micro dispensary may deliver cannabis to qualifying patients, registered caregivers, and adult use consumers.
COMAR 14.17.12.10: The Administration is clarifying that if a licensee detects a discrepancy between the inventory of stock and the seed-to-sale tracking system outside of normal weight loss, they must commence an internal investigation of the discrepancy within 1 business day. If the discrepancy cannot be resolved within 30 business days, a licensee must report the unresolved discrepancy to the Administration.
COMAR 14.17.13.08C: To correct a drafting error, the Administration is deleting a provision that would reserve vape cartridges containing more than 1 gram of vape liquid for patients and caregivers, where cannabis vaporizing devices are not categorized as a concentrated cannabis product and therefore are not subject to the 1g product weight limit for adult-use consumers.
COMAR 14.17.13.09: To correct drafting errors and conform with its intent to remove potency limits on infused non-edible cannabis products for adult-use consumers, the Administration is removing infused non-edible products from the definition of high potency product and eliminating potency restrictions for infused non-edible products sold to adult-use consumers.
COMAR 14.17.14.01C(1)(b): The Administration is correcting a drafting error by deleting duplicate language.
COMAR 14.17.15.05E: To correct a drafting error, the Administration is renumbering §E(2)—(6).
COMAR 14.17.16.03: To conform with Alcoholic Beverages and Cannabis Article, §36-801(a), Annotated Code of Maryland, the Administration is clarifying that registrants, as well as licensees, must submit an annual report on minority owners and employees.
COMAR 14.17.17.01B: The Administration is deleting the definition of a secured creditor because it is not used substantively in the chapter.
COMAR 14.17.22.10C(4): The Administration is correcting a drafting error in this subsection.
14.17.01 Definitions
Authority: Alcoholic Beverages and Cannabis Article, §36-101,
Annotated Code of Maryland
.01 Definitions.
A. (proposed text unchanged)
B. Terms Defined.
(1)—(24) (proposed text unchanged)
(25) High Potency Product.
(a) (proposed text unchanged)
(b) “High potency product” includes:
(i) (proposed text unchanged)
(ii) An edible cannabis product, capsule, or tincture[[,
or infused non-edible product]] that exceeds 10 milligrams THC
per serving and 100 milligrams THC per package.
(26)—(29) (proposed text unchanged)
(29) “Infused non-edible cannabis product” means ointment,
salve, suppository, dermal patch, cartridge, or any other product containing
cannabis that has been processed so that the dried leaves and flowers are
integrated into other material that is not intended for human consumption by inhalation
or oral ingestion.
(30)—(56) (proposed text unchanged)
(57) Visitor.
(a) (proposed text unchanged)
(b) “Visitor” does not include:
(i) A qualifying patient, registered caregiver, adult-use consumer, or any children who accompany a qualifying patient[[,]] or registered caregiver[[, or adult use consumer]] for the sole purpose of purchasing cannabis or cannabis products; or
(ii) (proposed text unchanged)
(58) (proposed text unchanged)
14.17.05 Application
Process and Issuance of Licenses
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-401, 36-404, and 36-505, Annotated Code of Maryland
.05 Issuance of a
License or Rescission of a Conditional License.
A. (proposed text unchanged)
B. Rescission of a Conditional License. The Administration may
rescind a conditional license if a conditional licensee, or any individual or entity
included in the supplemental license application:
(1)—(6) (proposed text unchanged)
(7) [[Violates §A(5)]] Fails to comply with §A(4) and (5) of this regulation;
(8)—(9) (proposed text unchanged)
C.—F. (proposed text unchanged)
14.17.06 Standard
Cannabis Licenses
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, 36-401, 36-405—36-407, 36-503, and 36-802, Annotated Code of Maryland
.05 Management
Agreements.
A. (proposed text unchanged)
B. A management company shall be:
(1) [[Registered]] Approved by the Administration, in a manner prescribed by the Administration; and
(2) (proposed text unchanged)
C.—G. (proposed text unchanged)
H. A management agreement may constitute a transfer of control
if it conveys to a management company:
(1) (proposed text unchanged)
(2) The right or authority to make major marketing, production,
and financial decisions, including:
(a)—(b) (proposed text unchanged)
(c) The right to or actual payment from the licensee over
the course of a calendar year exceeding the [[greater]]
greatest of:
(i)—(iii) (proposed text unchanged)
14.17.08 Laboratory
Registration and Operations
Authority: Alcoholic Beverages and Cannabis Article,
§§36-202—36-204[[,]] and 36-408, Annotated Code of
Maryland
.03 Standards of Care.
A. The independent testing laboratory shall:
(1)—(9) (proposed text unchanged)
(10) Make any security video surveillance recording available to
the Administration or law enforcement agency for just cause as requested within
48 hours; and
[[(11) Conspicuously display its laboratory registration
at the registered premises; and]]
[[(12)]] (11) (proposed text
unchanged)
B. (proposed text unchanged)
.06 Transportation of
Products Containing Cannabis.
A. (proposed text unchanged)
B. A registered independent testing laboratory shall transport
samples of cannabis and products containing cannabis:
(1) With oversight by at least one independent testing
laboratory employee registered with the Administration; and
(2) Using a vehicle that[[:
(a) Meets]] meets the criteria specified in COMAR 14.17.09.03[[; and
(b) Is registered with the Administration]].
14.17.09 Other Cannabis
Businesses
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, 36-401, and 36-409, Annotated Code of Maryland
.02 Cannabis
Registrants.
A.—G. (proposed text unchanged)
H. The business may renew its registration by submitting to the
Administration:
(1) A copy of the registration form; and
(2) Proof that fingerprints have been submitted to CJIS and the FBI for every cannabis agent[[; and
(3) Proof that each secure transport vehicle has been inspected by the Administration]].
I. (proposed text unchanged)
14.17.10 Cannabis Grower
Operations
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, 36-401, 36-402, and 36-410, Annotated Code of Maryland
.02 Cannabis Grower
Premises.
A.—D. (proposed text unchanged)
E. Security Lighting.
[[(1)]] The grower shall design and install
lighting fixtures to ensure proper surveillance of the perimeter of the
cultivation area.
[[(2) This provision does not apply to lighting in areas
of a grower’s premises that are used to cultivate cannabis.]]
F.—H. (proposed text unchanged)
[[I. Visitor to the Premises.
(1) When a visitor is admitted to the licensed premises, a
registered agent shall:
(a) Log the visitor in and out;
(b) Retain with the log a photocopy of the visitor’s
government-issued identification;
(c) Continuously, physically supervise the visitor while they
are on the premises; and
(d) Ensure that the visitor does not touch any cannabis.
(2) An Administration investigator is not subject to the visitor
requirements established in §I(1) of this regulation.
(3) The grower shall maintain a log of all visitors for 2 years.
J. Micro growers may not operate a facility greater than the
limits established in Alcoholic Beverages and Cannabis Article,
§36-401(c)(2)(i), Annotated Code of Maryland.]]
[[J.]] I. (proposed text
unchanged)
.07 Visitor to the
Premises.
A. When a visitor is admitted to an area of the premises used
for cannabis operations, an agent shall:
(1)—(4) (proposed text unchanged)
B.—C. (proposed text unchanged)
.08 Discrepancy, Theft,
and Diversion Reporting.
A. Discrepancy Reporting.
(1) If a grower discerns a discrepancy between the inventory of
stock and the seed-to-sale tracking system outside of normal weight loss due to
moisture loss and handling, the grower shall [[commence]]:
(a) Commence an investigation of the discrepancy within 1
business day; and
(b) If the grower cannot resolve the discrepancy within 30
business days, report the discrepancy to MCA.
(2) Failure to report [[a]] an
unresolved discrepancy [[within 1 business day]]
may be used as evidence of diversion.
B. (proposed text unchanged)
C. Within 30 business days of discovering the theft, diversion,
or unresolved discrepancy, the grower shall:
(1)—(3) (proposed text unchanged)
14.17.11 Cannabis
Processor Operations
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, and 36-401, Annotated Code of Maryland
.17 Visitor to the
Premises.
A. When a visitor is admitted to an area of the premises used
for cannabis operations, a registered agent shall:
(1)—(4) (proposed text unchanged)
B.—C. (proposed text unchanged)
.18 Discrepancy, Theft,
and Diversion Reporting.
A. Discrepancy Reporting.
(1) If a processor discerns a discrepancy between the inventory
of stock and the seed-to-sale tracking system outside of normal weight loss due
to moisture loss and handling, the processor shall [[commence]]:
(a) Commence an investigation of the discrepancy within 1
business day; and
(b) If the processor cannot resolve the discrepancy within 30
business days, report the discrepancy to MCA.
(2) Failure to report [[a]] an
unresolved discrepancy [[within 1 business day]]
may be used as evidence of diversion.
B. (proposed text unchanged)
C. Within 30 business days of discovering the theft, diversion,
or unresolved discrepancy, the processor shall:
(1)—(3) (proposed text unchanged)
14.17.12 Cannabis Dispensary Operations
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, 36-401, and 36-410, Annotated Code of Maryland
.02 Standard Cannabis
Dispensary.
A—K. (proposed text unchanged)
L. Video Surveillance Requirements.
(1)—(3) (proposed text unchanged)
(4) A surveillance camera shall capture activity at each:
(a) Entrance to an area where cannabis is [[processed,
tested,]] packaged, [[or]] stored,
or dispensed; and
(b) Area where cannabis is [[processed,]] packaged, [[or]] stored, or dispensed.
(5)—(7) (proposed text unchanged)
M. Standard Dispensary Premises Organization.
(1) (proposed text unchanged)
(2) Public Zone.
(a)—(b) (proposed text unchanged)
[[(c) The dispensary’s hours of business shall be
displayed at the entrance to the public zone.]]
(3)—(8) (proposed text unchanged)
N. (proposed text unchanged)
O. To provide drive-through dispensing services, a standard
dispensary shall:
(1)—(2) (proposed text unchanged)
(3) Meet all other requirements for a dispensary service area,
including:
(a)—(b) (proposed text unchanged)
(c) Displaying the licensed dispensary’s license and hours of operation [[shall be displayed]] at the entrance to the drive-through dispensing zone; and
(d) [[Doors]] Secured doors and other access points between public and operations zones [[shall be secured]]; and
(4) Adhere to its standard operating procedures and requirements for dispensing cannabis established in [[COMAR]] Regulation .04 of this chapter.
P. (proposed text unchanged)
.08 Online, Telephone,
or Other Remote Ordering.
A.—E. (proposed text unchanged)
F. [[Only]] Effective July 1,
2025, only a micro dispensary may deliver cannabis to qualifying patients,
registered caregivers, or adult-use consumers in accordance with Regulation .03
of this chapter.
.09 Hours of Operations.
A. A dispensary may not conduct sales before 8 a.m. or
past 11 p.m.
B. A dispensary shall display its hours of operation at the
main entrance to the premises.
.10 Discrepancy, Theft,
or Diversion.
A. Discrepancy Reporting.
(1) If a dispensary discerns a discrepancy between the inventory
of stock and the seed-to-sale tracking system outside of normal weight loss due
to moisture loss and handling, the dispensary shall [[commence]]:
(a) Commence an investigation of the discrepancy
within 1 business day; and
(b) If the dispensary cannot resolve the discrepancy within 30 business days, report the discrepancy to MCA.
(2) Failure to report [[a]] an unresolved discrepancy [[within 1 business day]] may be used as evidence of diversion.
B. (proposed text unchanged)
C. Within 30 business days of discovering the theft, diversion,
or unresolved discrepancy, the dispensary shall:
(1)—(3) (proposed text unchanged)
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, and 36-203.1, Annotated Code of Maryland
.08 Cannabis Vaporizing Devices.
A.—B. (proposed text unchanged)
[[C. A cartridge that contains more than 1 gram of a concentrated cannabis product may only be sold to qualifying patients or registered caregivers.]]
[[D.]] C. (proposed text unchanged)
.09 Infused Non-Edible Products.
[[A.]] A dispensary [[shall only sell or]] may dispense infused non-edible products [[that contain more than 10 milligrams tetrahydrocannabinol per serving and 100 milligrams tetrahydrocannabinol per package, including the allowable permitted in the Technical Authority,]] to qualifying patients [[or]], registered caregivers, or adult use consumers.
[[B. Infused non-edible products containing
more than 10 milligrams tetrahydrocannabinol per serving or 100 milligrams tetrahydrocannabinol
per package shall be labeled in accordance with COMAR 14.17.18.04.]]
14.17.14 Complaints,
Enforcement, Record Keeping, and Inspections of Cannabis Businesses
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, and 36-901, Annotated Code of Maryland
.01 Complaints, Adverse
Events, and Recall.
A.—B. (proposed text unchanged)
C. Complaint Investigation Process.
(1) After notifying the Administration about a complaint as
required in §B of this regulation, a licensee or certifying provider shall:
(a) (proposed text unchanged)
(b) Investigate the production of the batch or lot to determine if there was a deviation from the standard operating procedure in the production of the batch or lot [[to determine if there was a deviation from the standard operating procedure in the production of the batch or lot]];
(c)—(d) (proposed text unchanged)
(2)—(4) (proposed text unchanged)
D. (proposed text unchanged)
14.17.15 Cannabis
Business Agents
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, 36-501, and 36-1001—36-1003, Annotated Code of Maryland
.05 Training.
A.—D. (proposed text unchanged)
E. Responsible Vendor Training Program.
(1)—(2) (proposed text unchanged)
[[(2)]] (3)—[[(5)]] (6) (proposed text unchanged)
14.17.16 Cannabis
Business Owners
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-501—36-504, and 36-801, Annotated Code of Maryland
.03 Annual Report on
Minority Owners and Employees.
On or before August 1 of each year, each licensee and
registrant shall submit a report in a manner determined by the
Administration regarding the licensee’s or registrant’s minority owners
and employees.
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, and 36-503, Annotated Code of Maryland
.01 Definitions.
A. In this chapter, the following [[terms have the
meanings]] term has the meaning indicated.
B. [[Terms]] Term Defined.
[[(1)]] “Licensee” means a licensed grower,
processor, or dispensary.
[[(2) “Secured creditor” means a lending institution
defined under Financial Institutions Article, §1-101, Annotated Code of
Maryland, that has been approved by the Administration to obtain a security
interest in the proceeds from an Administration -approved sale of a grower,
processor, or dispensary license.]]
14.17.22 Hearing
Procedures
Authority: Alcoholic Beverages and Cannabis Article, §36-202,
Annotated Code of Maryland
.10 Final Determination.
A.—B. (proposed text unchanged)
C. The notice of final determination shall summarize:
(1)—(3) (proposed text unchanged)
(4) In the case that the Administration orders a suspension or
revocation of a license as a result of a hearing, the reason for the
Administration's action.
D. (proposed text unchanged)
WILLIAM TILBURG
Director
Maryland Cannabis Administration
Title 20
PUBLIC SERVICE COMMISSION
Subtitle 50 SERVICE SUPPLIED BY ELECTRIC COMPANIES
20.50.09 Small Generator Facility Interconnection Standards
Authority: Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, and 7-306, Annotated Code of Maryland
Notice of Withdrawal
[24-020-W]
The Public Service Commission withdraws the proposal to amend Regulations .02, .06, .09, .10, and .12—.14, repeal existing Regulation .07, and adopt new Regulation .07 under COMAR 20.50.09 Small Generator Facility Interconnection Standards, as published in 51:7 Md. R. 340—346 (April 5, 2024).
ANDREW S. JOHNSTON
Executive Secretary
Proposed Action on Regulations
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION
Notice of Proposed Action
[24-069-P]
The Commissioner of Financial Regulation proposes to:
(1) Amend Regulations .01 and .04 and adopt new Regulations .09—.13 under COMAR 09.03.02 General Regulations;
(2) Amend Regulations .02, .04, .06, and .16 under COMAR 09.03.06 Mortgage Lenders; and
(3) Amend Regulations .02 and .07 under COMAR 09.03.09 Mortgage Loan
Originators.
Statement of Purpose
The purpose of this action is to modernize Maryland’s non-depository licensing system as a result of the Legislature’s adoption of Ch. 567 (H.B. 686), Acts of 2023, which amended Maryland’s branch licensing, assessment, and bond laws (Business Regulation Article, §§7–101, 7–206, 7–301(c), 7–302(b), (d), and (e), 7–302.1(b), 7–302.2(a), 7–304(c)(1), 7–305, 7–306.1(a) and (c), and 7–308(c), 7–302.2(c) and 7–304(j); Commercial Law Article, §14–1216(d) and (e); Financial Institutions Article, §§2–120, 2–121, 11–203.1(b), 11–203.3(c), 11–206(d), 11–208, 11–211, 11–402.1(c), 11–408, 11–411, 11–501(f–1) and (f–2), 11–503.2(c), 11–508(c), 12–104.1(c), 12–110, 12–113, 12–401(k) and (l), 12–404(c), 12–407(b)(1), 12–415(a), 12–905(c), 12–914(f), 11–201, 11–203.3(a), 11–204(a) and (c)(2), 11–206(a)(2) and (c)(3)(i), 11–210(b)(1) and (c), 11–401, 11–402.1(a), 11–403(b), 11–404(a)(2), 11–406(a), 11–410(b)(1) and (c), 11–414, 11–503.1(b), 11–503.2(a), 11–505, 11–506.1(b)—(e), 11–507, 11–508(a) and (e)—(g), 11–511(a), (c), and (d), 11–512, 11–512.1(a) and (c), 11–513, 11–601(f), 11–602(c), 11–612.1, 12–101, 12–104.1(a), 12–105(b), 12–106, 12–108(a)(2), 12–112(b)(1) and (c), 12–114(c), 12–118, 12–401(c) and (k–1), 12–404(a), 12–406(a)(3), 12–407(b)(2), 12–410, 12–412(a) and (d), 12–424, 12–901, 12–904, 12–905(a), 12–906(b), 12–908(b)(1) and (2), 12–911, 12–914(b)(2)(i), 12–915, 12–923(b)(1), 12–924(a), (c), and (d), and 12–1007(a); Annotated Code of Maryland) and eliminated the requirement for certain non-depository financial institutions to maintain separate licenses for branch locations and authorized them to conduct business at multiple licensed locations under a single license.
This action enhances the Office of Financial Regulation’s (OFR’s) licensing regulations by adding:
(1) Definitions for certain undefined terms used in licensing and assessing non-depository businesses;
(2) A description of the information required to be maintained by regulated persons;
(3) A description of the process to add, change, or delete a trade name;
(4) Procedures for the assessment of regulated entities;
(5) Provisions for locations including mobile units for a check casher;
(6) Procedures for locations including kiosks for a money transmitter;
(7) A requirement for the Commissioner to provide a list of licensed locations upon request; and
(8) Procedures for licensing of mortgage lenders.
Estimate of Economic Impact
I. Summary of Economic Impact. The economic impact of the proposed action is expected to be low.
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: |
|
|
|
Non-depository licensees |
(-) |
Minimal |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. The proposed action imposes no additional fees or charges, though it does address the process of imposing the assessments authorized under Financial Institutions Article, §2-120, Annotated Code of Maryland, based on the cost to regulate the industry. The authority to assess licensed entities was added in the Legislature’s adoption of Ch. 567 (H.B. 686), Acts of 2023, with the elimination of branch licenses. The proposed action will permit the Office of Financial Regulation to annually adjust the fees it charges licensees, and those adjustments will result in a variable, yearly assessment on licensees. Annual assessment adjustments may, in some years, result in some regulated entities paying an amount that is overall greater or lesser for that year than if the prior branch licensing system had been in effect. The Commissioner, however, cannot provide exact estimates of any future assessment level.
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 Amy Hennen, Director of Legislative Response and Special Projects, Office of Financial Regulation, 1100 Eutaw St., Ste. 611, Baltimore, MD 21201, or call 410-230-6094, or email to amy.hennen@maryland.gov. Comments will be accepted through August 12, 2024. A public hearing has not been scheduled.
09.03.02 General Regulations
Authority: Business Regulation Article, §2-105; Financial Institutions Article, §§2-105.1, 11-203, 11-503, 12-104, and 12-403; Annotated Code of Maryland
.01 [Definition] Definitions.
A. In this chapter, the following [term has the meaning] terms have the meanings indicated.
B. [Term] Terms Defined.
(1) “Assessment” means the annual assessment authorized under
Financial Institutions Article, §2-120, Annotated Code of Maryland.
(2) “Commissioner” has the meaning stated in Financial Institutions Article, §1-101(g), Annotated Code of Maryland.
(3) “Licensed location” means any location listed by the
licensee in NMLS.
(4) “Licensed person” has the meaning stated in Financial
Institutions Article, §2-120, Annotated Code of Maryland.
(5) “Mobile unit” has the meaning stated in Financial
Institutions Article, §12-101, Annotated Code of Maryland.
(6) “NMLS” has the meaning stated in Financial Institutions Article,
§1-101, Annotated Code of Maryland.
(7) “Regulated person” has the meaning stated in Financial
Institutions Article, §2-120, Annotated Code of Maryland.
.04 Books and Records of Certain Regulated Persons.
A. Definition.
(1) In this regulation the following term has the meaning
indicated.
(2) Term Defined. “Loan” means:
(a) A loan as defined in Financial Institutions Article, §11-201,
Annotated Code of Maryland;
(b) An installment loan as defined in Financial Institutions Article,
§11-301, Annotated Code of Maryland;
(c) An installment sale agreement as defined in Financial
Institutions Article, §11-401, Annotated Code of Maryland;
(d) A retail credit account transaction as defined in Commercial
Law Article, §12-501, Annotated Code of Maryland; and
(e) A
transaction that deals with home improvement, as defined in Business Regulation
Article, §8-101, Annotated Code of Maryland, made between other parties, if collateral security
is required by and given to the contractor as a condition to the transaction.
B. Each [licensed office] regulated person required to hold a license issued under Financial Institutions Article, Subtitles 2, 3, and 4, Annotated Code of Maryland, shall maintain the following records:
[A.] (1)—[G.] (7) (text unchanged)
[H.] (8) Credit Life Claim Register. Each licensee shall maintain a register of death claims showing the following minimum information:
[(1)] (a)—[(9)] (i) (text unchanged)
[I.] (9) Accident and Health Claim Register. Each license shall maintain a register of claims involving accident and health insurance showing the following minimum information:
[(1)] (a)—[(8)] (h) (text unchanged)
.09 Approval for Addition, Deletion, or Change of Location or
Trade Name.
A. Approval to Add, Delete, or Change a Licensed Location.
(1) A regulated person who wishes to add, delete, or change the
address of a licensed location shall provide the Commissioner notice of the
addition, deletion, or change of address through NMLS.
(2) Any addition, deletion, or change of address of a licensed
location will be deemed approved by the Commissioner no less than 30 days after
it is provided through NMLS unless the Commissioner has either requested
additional information or denied the addition, deletion, or change of address.
(3) A regulated person
may not delete or change the address of its principal executive office
as designated within the person’s NMLS Form MU1 except by amending the address
within the person’s NMLS Form MU1, or such form as NMLS may prescribe to
replace Form MU1 for this purpose, in the manner prescribed by NMLS.
(4) The licensee has 15 days after the Commissioner requests any
additional information to provide that information or the regulated person’s
application to add, delete, or change an address may be deemed withdrawn.
B. Approval to Add, Delete, or Change a Trade Name.
(1) A regulated person who wishes to add, delete, or change a trade
name shall provide the Commissioner with notice of the addition, deletion, or
change through NMLS and comply with the
provisions of Financial Institutions Article, §2-121, Annotated Code of
Maryland.
(2) No later than 30 days after the information is provided
through NMLS, the Commissioner shall respond to the regulated person with an
approval, denial, or request for additional information.
(3) The licensee has 15 days after the Commissioner requests any
additional information to provide that information or the regulated person’s
application to add, delete or change a trade name may be deemed withdrawn.
.10 Non-Depository Licensee Assessment.
A. Timing of Assessment.
(1) The Commissioner shall notify licensed persons of an
assessment no earlier than May 1 or later than June 1 of each year regardless
of whether any sum is due.
(2) The assessment shall be based on information available to the Commissioner at the time of the assessment.
B. Information Included in the Assessment Notice. The
Commissioner shall include the following information in each notice of
Assessment:
(1) The amount of the assessment, if any, due that year;
(2) The means the Commissioner used in calculating the licensed person’s
assessment; and
(3) How the licensee can dispute the amount of assessment if
they believe it was calculated incorrectly.
C. Impact of License Surrender Prior to Assessment.
(1) A
licensee incurs an obligation to pay an assessment on January 1 of the
year in which the assessment is imposed or on the date in which the licensee
becomes licensed, if not licensed on January 1.
(2)
Surrender of a license does not relieve a licensee of their obligation to pay
an assessment.
D. Information on Assessment. In conjunction with the assessment,
the Commissioner shall provide licensees with information regarding the manner
in which the assessment was calculated.
.11 Licensees Providing Check
Cashing Services.
A. Definition.
(1) In this regulation, the following term has the meaning
indicated.
(2) Term Defined. “Licensee”
has the meaning stated in Financial Institutions Article, §12-101, Annotated
Code of Maryland.
B. Any licensee listing a
mobile unit as a licensed location shall provide information identifying the
geographic area the mobile unit will serve.
C. The Commissioner shall
deem a licensee compliant with §B of this regulation if the person makes a
reasonable and good faith effort to identify the Maryland counties or cities
the mobile unit will serve.
.12 Licensees Providing Money
Transmission Services.
A. Definitions.
(1) In this regulation, the following terms have the meanings
indicated.
(2) Terms Defined.
(a) “Licensee” has the meaning stated in Financial Institutions
Article, §12-401, Annotated Code of Maryland.
(b) “Self-service financial kiosk” has the meaning stated in
Financial Institutions Article, §12-401, Annotated Code of Maryland .
B. Any licensee listing a
self-service financial kiosk as a licensed location shall provide information
identifying the geographic area the self-service financial kiosk will serve.
C. The Commissioner shall
deem a licensee compliant with §B of this regulation if the person makes a
reasonable and good faith effort to identify the Maryland counties or cities
the self-service financial kiosk will serve.
.13 Availability of List of
Licensed Locations.
Upon written request by any
person the Commissioner shall provide the list of Licensed Locations that any
Licensed Person has provided.
09.03.06 Mortgage Lenders
Authority: Business Regulation Article, §2-105; Financial Institutions Article, §§2-105.1, 11-503, 11-503.1, 11-505, 11-506(a) and (c)(1), 11-507, 11-508(g), 11-511, 11-511.1, 11-513(a), and 11-515(c); Real Property Article, §3-104.1; Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(23) (text unchanged)
(24) “Licensed location” means any location listed by the
licensee in NMLS.
[(24)] (25)—[(43)] (44) (text unchanged)
.04 Licensing and Application Requirements.
A. Scope.
(1)—(2) (text unchanged)
(3) For purposes of Financial Institutions Article, [§11-506(b)(1)] §11-506, Annotated Code of Maryland, an individual is considered to have at least 3 years of experience in the mortgage lending business if:
(a)—(b) (text unchanged)
(4) (text unchanged)
(5) For purposes of Financial Institutions Article, [§11-506(b)(4)] §11-506, Annotated Code of Maryland, a “principal officer” includes:
(a)—(d) (text unchanged)
B.—C. (text unchanged)
[D. Change of Location. If a licensee changes the location of a licensed
office and commences business at the new location without obtaining approval by
the Commissioner, an application for a new license shall be filed with all
application and investigation fees.]
[E.] D.—[H.] G. (text unchanged)
[I.] H. NMLS.
[(1)] Fingerprinting and Criminal Background Checks. Notwithstanding any provision of Financial Institutions Article, Annotated Code of Maryland, in connection with an initial application for a license, and at any other time that the Commissioner requests, an applicant or licensee shall provide fingerprints for use by the Federal Bureau of Investigation to conduct criminal history record checks.
[(2) Principal Executive Office.
(a) A person applying for an initial or a renewal license through NMLS shall comply with NMLS procedures by obtaining a license from the Commissioner for the applicant's principal executive office location by filing NMLS form MU-1.
(b) A person holding a license for its principal executive office subject to NMLS form MU-1 may apply to the Commissioner for one or more licenses for additional locations by filing NMLS form MU-3.]
[J.] I. (text unchanged)
[K. Trade Names.
(1) Prior to a licensee's
use of a trade name to engage in mortgage lending business in Maryland, the
licensee shall:
(a) Register the trade name
with the Maryland Department of Assessments and Taxation; and
(b) Obtain the approval of
the Commissioner for the use of the trade name by:
(i) Designating on an
original license application or license renewal application through NMLS, any
trade name under which the licensee will engage in mortgage lending business in
Maryland; and
(ii) Specifying on an
original license application or license renewal application through NMLS, which
licensed locations will utilize the trade name.
(2) At all times subsequent
to obtaining the approval of the Commissioner for the use of the trade name, a
licensee shall maintain registration of the trade name in accordance with the
requirements of Corporations and Associations Article, §1-406, Annotated Code of Maryland, and
accompanying regulations.
(3) A licensee shall
immediately notify the Commissioner if the licensee amends, cancels, or
otherwise fails to renew the registration of a trade name which the
Commissioner has approved previously.]
.06 Advertising and Solicitation.
A. (text unchanged)
B. Licensee Name and Address.
(1) A licensee may not advertise under any name or address other than a name or address that:
(a) [Appears on its license] Is listed as a licensed location in NMLS; or
(b) Has been approved by the Commissioner pursuant to [Regulation .04L of this chapter and is listed as a trade name on the licensee's NMLS record] COMAR 09.03.02.09A.
(2) (text unchanged)
(3) Notwithstanding §B(1) of this regulation, a licensee may use an e-mail address or website address that is different from the name or website address that appears on the licensee's license, provided that the content of any e-mail correspondence, or of the website itself, uses only a name that appears on the licensee's license or has been approved by the Commissioner pursuant to [Regulation .04L of this chapter] COMAR 09.03.02.09B and is listed as a trade name on the licensee's NMLS record.
(4)—(7) (text unchanged)
.16 Bonds, Letters of Credit, and Trust Accounts.
A. The required
amount of a bond, letter of credit, or trust account established to meet the
requirements of Financial Institutions Article,
§11-508,
Annotated Code of Maryland, shall be subject to recalculation at the time a
license is renewed.
[B. The Commissioner shall use
information provided by the licensee as well as the licensee's last four
quarterly call reports filed with NMLS to recalculate the required amount of
the bond, letter of credit, or trust account.]
[C.] B.—[F.] E.
(text unchanged)
09.03.09 Mortgage Loan Originators
Authority: Business Regulation Article, §2-105; Financial Institutions Article, §§2-105.1, 11-602, 11-603.1, 11-605, 11-606, 11-609, 11-612, 11-612.1, and 11-613(b); Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(7) (text unchanged)
(8) “Licensed location” means any location listed by the
licensee in NMLS.
[(8)] (9) (text unchanged)
[(10)] (11)—[(13)] (14) (text
unchanged)
.07 Locations.
A. A mortgage loan originator may not conduct mortgage lending business at any location different from [the address] a licensed location that [appears on the license or licenses of] is listed for the mortgage loan originator or the mortgage loan originator's employer on NMLS.
B. Notwithstanding §A of this regulation, a mortgage loan originator may take a loan application or offer or negotiate terms of a mortgage loan at a location other than [the address that appears on the license or licenses of] the licensed location of the mortgage loan originator or the mortgage loan originator's employer if neither the mortgage loan originator nor the mortgage loan originator's employer:
(1)—(6) (text unchanged)
TONY SALAZAR
Commissioner
Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION
09.03.15 Shared
Appreciation Agreements
Authority: Financial Institutions Article, §§2-105.1, 12-926,
and 12-1030, Annotated Code of Maryland
Notice of Proposed Action
[24-070-P]
The Commissioner of Financial Regulation proposes to adopt new
Regulations .01—.05 under a new chapter, COMAR 09.03.15 Shared
Appreciation Agreements.
Statement of Purpose
The purpose of this action is to modernize Maryland’s consumer lending laws as a result of the Legislature’s adoption of Ch. 568 (H.B. 1150), Acts of 2023, which confirmed shared appreciation agreements are subject to the Maryland Mortgage Lender Law (Commercial Law Article, §§12–901(a), 12–1001(a), 12–901(g) and (g–1)—(l), 12–913.1, 12–922, 12–1001(j) and (k–1)—(m), 12–1013, 12–901(n), 12–926, 12–1001(o), and 12–1030; Financial Institutions Article, §§11–501(a), 11–501(h–1)—(q), and 11–501(r); Annotated Code of Maryland) and aligning Maryland with other states already regulating shared appreciation agreements.
This action enhances the Office of Financial Regulation’s (OFR’s) licensing regulations by adding:
(1) Definitions for certain undefined terms used in shared appreciation agreements;
(2) A description of the required disclosures in shared appreciation agreements;
(3) Procedures for the calculation of a property value; and
(4) A description of the ability to repay standard.
Estimate of Economic Impact
I. Summary of Economic Impact. The economic impact of the proposed action is expected to be low.
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: |
|
|
|
Non-depository licensees |
(-) |
Minimal |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
|
|
|
Consumers |
(+) |
Impactful |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. The proposed action imposes no additional fees or charges. The proposed action may, in some cases, increase record-keeping and compliance costs for regulated entities. The Commissioner cannot provide exact estimates of these costs; however, in most instances, it is expected that the aggregate impact on any licensee is unlikely to be significant.
F. It is expected that the public will directly benefit from the proposed disclosures and clarity they provide regarding these types of transactions as well as by establishing an ability to repay standard.
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 Amy Hennen, Director of Legislative Response, Office of Financial Regulation, 1100 Eutaw St. Ste. 611, Baltimore, MD 21201, or call 4102306094, or email to amy.hennen@maryland.gov. Comments will be accepted through August 12, 2024. A public hearing has not been scheduled.
NOTE:
Click here for the Appendix A referenced in the chapter .
.01 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Actual change in value” means, with respect
to each scenario included on the disclosure form found in Appendix A of this
chapter, the average annual change in value for homes in the State of Maryland
over the most recent number of years used in that scenario.
(2) “Annual percentage rate” has the meaning stated in 12
CFR §1026.22(a), as amended from time to time.
(3)
“Annualized cost”
means a measure of the cost of credit, expressed as a yearly rate, provided to
allow a borrower to compare the cost of a shared appreciation agreement with the cost of other
forms of credit.
(4) “Arms-length sale” means a transaction for the
sale of property between two unrelated and unaffiliated parties of equal
bargaining power acting independently and in their respective self-interests.
(5)
“Automated valuation
model” or
“AVM” means a statistically based estimate of a property’s value based on
publicly available information such as comparable sales, property
characteristics, and price trends.
(6)
“Borrower” means a person who receives funds under a shared appreciation a
(7) “Broker price opinion” or “BPO” means an
estimate, provided by a real estate broker licensed by the State or another
qualified professional, of the price for which a property is likely to sell.
(8) “Commitment” has the meaning stated in Commercial Law
Article, §12-922, Annotated Code of Maryland.
(9) “Estimated fair
market value” means:
(a) An estimate of value determined through either the use of an
appraisal from an appraiser licensed by the State or the use of an automated
valuation model or broker price opinion; or
(b) An estimate of value provided by the borrower, if a
disclosure is provided before the lender obtains an appraisal, automated
valuation model, or broker price opinion.
(10) “Final payment amount” means the amount a borrower will be
required to pay the lender at the termination of the shared appreciation
agreement.
(11) “Final value” means the value of the property at the
termination of the shared appreciation agreement as calculated using the
estimated fair market value of the property, or, in an arms-length sale, the
sale price of the property.
(12) “Financing agreement” has the meaning stated in Commercial
Law Article, §12-922, Annotated Code of Maryland.
(13) “Lender” means a person who makes
(15) “Shared appreciation agreement” has the meaning stated in
Financial Institutions Article, §11-501(r), Annotated Code of Maryland.
(16) “Starting value” means the estimated fair market value of a
property minus any discount applied by the
(17) “Truth in Lending Act” refers to 15 U.S.C. 1601, et seq.,
and its implementing regulations under 12 CFR 1026.
.02 Required Disclosures.
A. Financing Agreements and Commitments.
(1) In addition to providing any other disclosures required by
Commercial Law Article, Title 12, Subtitles 9 and 10, Annotated Code of
Maryland, a lender receiving an application for a shared appreciation a
(2) The lender shall satisfy the requirement to provide a
financing agreement for a mortgage loan made under a shared appreciation
agreement in the following manner:
(a) By providing the disclosure form found in Appendix A of this
chapter, or a substantially similar form, within 10 business days after the
date an application for a shared appreciation agreement is completed; and
(b) By calculating the annualized cost based on the term in each scenario within the form in Appendix A of this chapter using the method prescribed in 12 CFR Part 1026 Appendix J for calculating an annual percentage rate.
(3) If the terms of the disclosure provided by the lender under
§A(2) of this regulation are subject to change, a lender offering a shared
appreciation agreement, regardless of lien position, shall provide a borrower
with a commitment.
(4) The lender shall
satisfy the requirement to provide a commitment for a mortgage loan made under
a shared appreciation agreement in the following manner:
(a) By providing the disclosure form found in Appendix A of this
chapter, or a substantially similar form, with a statement that the terms
(b) By calculating the annualized cost based on the term in each scenario within the form in Appendix A of this chapter using the method prescribed in 12 CFR Part 1026 Appendix J for calculating an annual percentage rate.
B. Compliance with Disclosures in Appendix A of this Chapter.
(1) A form will be considered substantially similar to the one
in Appendix A of this chapter if it includes all information provided in
Appendix A of this chapter.
(2) A lender shall disclose the following information regarding the estimated fair market value of the property:
(a) The method used to calculate the estimated fair market
value;
(b) The amount, if any, by which the lender is discounting the
estimated fair market value in establishing the property’s initial value;
(d) The potential impact of that discount on their repayment
amount.
C. Compliance with Applicable Law. Compliance with this
regulation shall constitute compliance with any requirements under Commercial
Law Article, §12-922 or 12-1022, Annotated Code of Maryland, to provide a
financing agreement or a commitment.
.03 Calculation of Property Value.
A. Means of Calculating the Property Value.
(1) The lender shall use the estimated fair market value to
determine the starting value of the property.
(2)
(3) Except as provided in §B of this regulation, the lender
shall use the same method for calculating the estimated fair market value in
connection with determining the starting value and the final value.
(4) An appraisal, AVM, or BPO used to determine fair market
value shall be obtained by the lender from an unaffiliated third-party.
(5) In complying with the requirements of Regulation .02A(2) of
this chapter, a lender may use a value stipulated by the borrower as the
estimated fair market value if the lender has not yet obtained an appraisal,
BPO, or AVM and the terms of the disclosure provided under Regulation .02 of
this chapter are subject to change.
(6) In complying with the requirements of Regulation .02A(4) of
this chapter, a lender shall use an appraisal, BPO, or AVM.
B. Sale of Property.
If a shared appreciation agreement terminates with the sale of
the property, the final value may not exceed the sale price if:
(1) The sale was an
arms-length sale;
(2) The property was not sold as part of a
foreclosure; and
(3) The borrower did not retain an interest in the
property, including an interest as a life estate.
.04 Calculating Values in Appendix A of this Chapter.
A. Actual Appreciation. Actual change in value shall be calculated
using the All-Transactions House Price Index as published by the Federal
Reserve Bank of St. Louis unless this index becomes unavailable, in which case
the Commissioner may designate an alternate index.
B.
.05 Ability to Repay.
A lender offering a shared appreciation agreement is deemed to
have given due regard to a borrower’s ability to repay if disclosures are
provided by the lender to the borrower in compliance with Regulation .02 of
this chapter, provided that:
A. The shared appreciation agreement does not require periodic
payments prior to termination of the agreement; and
B. The term of the shared appreciation agreement is no less than
5 years.
TONY SALAZAR
Commissioner
Title 13A
STATE BOARD OF EDUCATION
Subtitle 03 GENERAL INSTRUCTIONAL PROGRAMS
13A.03.02 Graduation Requirements for Public High Schools in Maryland
Authority: Education Article, §§2-205, 7-203, 7-205, 7-205.1, and 8-404, Annotated Code of Maryland
Notice of Proposed Action
[24-074-P]
The State Board of Education proposes to amend Regulation .12
under COMAR 13A.03.02 Graduation Requirements for Public High Schools in
Maryland. This action was considered by the State Board of Education at
their April 30, 2024, meeting.
Statement of Purpose
The purpose of this action is to align regulations with Education Article, §7-205, Annotated Code of Maryland, regarding application of locally established graduation requirements to homeless students.
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 Mary L. Gable, Assistant State Superintendent, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0472, or email to doss.msde@maryland.gov. Comments will be accepted through August 12, 2024. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on September 24, 2024, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.
.12 General Provisions.
A. (text unchanged)
B. Graduation Requirements for Transfer Students.
(1) (text unchanged)
(2) Maryland Comprehensive Assessment Exemption Requirements.
(a)—(c) (text unchanged)
(d) A student who transfers from a nonpublic school or from a school out of State into a local school system after the first semester of [his or her] their senior year is exempt from the Maryland Comprehensive Assessment Requirements.
(e) (text unchanged)
(3) Local Graduation Requirements.
(a) A student who enters a local school system in [his or her] their senior year shall be granted a waiver from locally established graduation requirements unless the student chooses to fulfill the requirements.
(b) A student in foster care or a homeless student who enters a
local school system in their junior year shall be granted a waiver from locally
established graduation requirements unless the local school system makes a
finding that the student is reasonably able to complete the locally established
graduation requirements in time to graduate from high school.
(4) (text unchanged)
CAREY M. WRIGHT, Ed.D.
State Superintendent of Schools
SUSQUEHANNA RIVER BASIN COMMISSION
Actions Taken at
the June 13, 2024 Meeting
AGENCY: Susquehanna River Basin Commission
ACTION: Notice.
SUMMARY: As part of its regular business meeting held on June 13, 2024, in Harrisburg, Pennsylvania, the Commission approved the applications of certain water resources projects and took additional actions, as set forth in the Supplementary Information below.
DATES: June 13, 2024.
ADDRESSES: Susquehanna River Basin Commission, 4423 N. Front Street, Harrisburg, PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary, telephone: (717) 238-0423, ext. 1312, fax: (717) 238-2436; e-mail: joyler@srbc.gov. Regular mail inquiries may be sent to the above address. See also the Commission website at www.srbc.gov.
SUPPLEMENTARY INFORMATION: In addition to the actions taken on projects identified in the summary above, these actions were also taken: (1) elected Commission officers for FY2025; (2) reconciled and adopted the FY2025 budget; (3) adopted Policy 2024-01, “SRBC Procurement Procedures”, (4) adopted a resolution to allow the Commission to use a reserve fund as a line of credit, (5) adopted the 2025-2027 Water Resources Program; and (6) actions on 19 regulatory program projects.
Project Applications Approved
Project Sponsor: Berwick Enterprises, Inc. Project Facility: The Bridges Golf Club, Berwick Township, Adams County, Pa. Application for renewal of consumptive use of up to 0.249 mgd (30-day average) (Docket No. 19950102).
Project Sponsor and Facility: BKV Operating, LLC (Meshoppen Creek), Washington Township, Wyoming County, Pa. Application for renewal of surface water withdrawal of up to 2.160 mgd (peak day) (Docket No. 20190602).
Project Sponsor and Facility: BKV Operating, LLC (Susquehanna River), Washington Township, Wyoming County, Pa. Application for renewal of surface water withdrawal of up to 2.914 mgd (peak day) (Docket No. 20190603).
Project Sponsor and Facility: BKV Operating, LLC (unnamed tributary to Middle Branch Wyalusing Creek), Forest Lake Township, Susquehanna County, Pa. Application for renewal of surface water withdrawal of up to 0.648 mgd (peak day) (Docket No. 20190604).
Project Sponsor: Byler Golf Management, Inc. Project Facility: Iron Valley Golf Club, Cornwall Borough, Lebanon County, Pa. Applications for renewal of consumptive use of up to 0.300 mgd (30-day average) and groundwater withdrawals (30-day averages) of up to 0.300 mgd from Well Lb-814 and 0.140 mgd from Well B (Docket No. 20200902).
Project Sponsor: Cowanesque Valley Recreation Association. Project Facility: River Valley Country Club, Westfield Township, Tioga County, Pa. Application for renewal of consumptive use of up to 0.099 mgd (30-day average) (Docket No. 20020602).
Project Sponsor and Facility: Dillsburg Area Authority, Carroll Township, York County, Pa. Application for renewal of groundwater withdrawal of up to 0.280 mgd (30-day average) from Well 5A (Docket No. 19980703).
Project Sponsor and Facility: EQT ARO LLC (Pine Creek), McHenry Township, Lycoming County, Pa. Application for renewal of surface water withdrawal of up to 1.500 mgd (peak day) (Docket No. 20190601).
Project Sponsor and Facility: Keystone Clearwater Solutions, LLC (Lycoming Creek), Lewis Township, Lycoming County, Pa. Application for renewal of surface water withdrawal of up to 1.250 mgd (peak day) (Docket No. 20190608).
Project Sponsor and Facility: Lear Corporation Pine Grove, Pine Grove Borough, Schuylkill County, Pa. Application for renewal of consumptive use of up to 0.160 mgd (30-day average) (Docket No. 19940501).
Project Sponsor: Londonderry Township. Project Facility: Sunset Golf Course, Londonderry Township, Dauphin County, Pa. Application for renewal of consumptive use of up to 0.181 mgd (30-day average) (Docket No. 20190613). Located in an Environmental Justice area.
Project Sponsor and Facility: Lycoming County Water and Sewer Authority, Fairfield Township, Lycoming County, Pa. Application for groundwater withdrawal of up to 0.216 mgd from Well PW-2 (30-day average).
Project Sponsor and Facility: Mount Joy Borough Authority, Mount Joy Borough, Lancaster County, Pa. Application for renewal of groundwater withdrawal of up to 1.020 mgd (30-day average) from Well 3 (Docket No. 20070607), and modification of Docket Nos. 20110617, 20110617-1, and 20110617-2 for Wells 1 and 2 by adding conditions related to Well 3 and proposed operations.
Project Sponsor: Pennsylvania - American Water Company. Project Facility: Philipsburg/Moshannon District, Rush Township, Centre County, Pa. Applications for renewal of groundwater withdrawals (30-day averages) of up to 0.600 mgd from Cold Stream Well 1, 0.432 mgd from Cold Stream Well 2, and 0.374 mgd from Cold Stream Well 3 (Docket No. 19890302).
Project Sponsor and Facility: Seneca Resources Company, LLC (Tioga River), Richmond Township, Tioga County, Pa. Application for surface water withdrawal of up to 3.000 mgd (peak day).
Project Sponsor and Facility: Shippensburg Borough Authority, Southampton Township, Franklin County, Pa. Application for renewal of groundwater withdrawal of up to 1.900 mgd from Well 2 (Docket No. 19940504).
Project Sponsor and Facility: SWN Production Company, LLC (North Branch Mehoopany Creek), Forkston Township, Wyoming County, Pa. Application for surface water withdrawal of up to 2.500 mgd (peak day).
Project Sponsor and Facility: Tower City Borough Authority, Porter Township, Schuylkill County, Pa. Applications for renewal of groundwater withdrawals (30-day averages) of up to 0.086 mgd from Well 5 and 0.070 mgd from Well 6 (Docket No. 19920301). Located in an Environmental Justice area.
Project Sponsor and Facility: Town of Erwin, Steuben County, N.Y. Applications for renewal of groundwater withdrawals (30-day averages) of up to 1.700 mgd from Well 4 and 0.634 mgd from Well 6 (Docket Nos. 19990503 and 20070602, respectively). Located in an Environmental Justice area.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806, 807, and 808.
DATED: June 17, 2024
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-14-07]
SUSQUEHANNA RIVER BASIN COMMISSION
Projects Approved
for Consumptive Uses of Water
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice.
SUMMARY: This notice lists Approvals by Rule for projects by the Susquehanna River Basin Commission during the period set forth in DATES.
DATES: May 1 - 31, 2024.
ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: joyler@srbc.net. Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY INFORMATION: This notice lists the projects, described below, receiving approval for the consumptive use of water pursuant to the Commission’s approval by rule process set forth in 18 CFR §806.22 (f) for the time period specified above.
Water Source Approval - Issued Under 18 CFR 806.22(f)
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Herbert Drilling Pad; ABR-201404001.R2; Harford and Lenox Townships, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 6, 2024.
Pennsylvania General Energy Company, L.L.C.; Pad ID: COP Tract 726 Pad F; ABR-202405001; Plunketts Creek Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 12, 2024.
RENEWAL - Beech Resources, LLC; Pad ID: Premier Well Site; ABR-201905002.R1; Lycoming and Old Lycoming Townships, Lycoming County, Pa.; Consumptive Use of Up to 3.0000 mgd; Approval Date: May 12, 2024.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Freed; ABR-201204014.R2; Albany Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 12, 2024.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Molly J 2; ABR-201905001.R1; Monroe Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 12, 2024.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Reilly; ABR-201204015.R2; Colley Township, Sullivan County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 12, 2024.
RENEWAL - Coterra Energy Inc.; Pad ID: PetersenH P1; ABR-201205002.R2; Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: May 12, 2024.
RENEWAL - Seneca Resources Company, LLC; Pad ID: PHC 4H; ABR-20090501.R3; Lawrence Township, Clearfield County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 12, 2024.
RENEWAL - Seneca Resources Company, LLC; Pad ID: PHC 5H; ABR-20090502.R3; Lawrence Township, Clearfield County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 12, 2024.
RENEWAL - SWN Production Company, LLC; Pad ID: Gaylord Pad; ABR-201204020.R2; Jackson Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: May 12, 2024.
RENEWAL - SWN Production Company, LLC; Pad ID: Glover Pad; ABR-201204019.R2; Thompson Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: May 12, 2024.
RENEWAL - SWN Production Company, LLC; Pad ID: Page Pad; ABR-201204021.R2; Jackson Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: May 12, 2024.
RENEWAL - SWN Production Company, LLC; Pad ID: Preston-Perkins; ABR-201204025.R2; Stevens Township, Bradford County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: May 12, 2024.
RENEWAL - SWN Production Company, LLC; Pad ID: Seamans Pad; ABR-201204022.R2; Harford Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: May 12, 2024.
RENEWAL - SWN Production Company, LLC; Pad ID: Walker Pad; ABR-201204023.R2; Jackson Township, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: May 12, 2024.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Blanchard Drilling Pad; ABR-201405002.R2; McNett Township, Lycoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 16, 2024.
RENEWAL - Inflection Energy (PA) LLC; Pad ID: TLC Pad; ABR-201405004.R2; Eldred Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 16, 2024.
RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: BENSE (01 025/070) B; ABR-20090509.R3; Troy Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: May 16, 2024.
RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: CEASE (01 005/008) R; ABR-20090506.R3; Troy Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: May 16, 2024.
RENEWAL - Seneca Resources Company, LLC; Pad ID: PHC 9H; ABR-20090503.R3; Lawrence Township, Clearfield County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 16, 2024.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Black Unit #1H; ABR-20090517.R3; Burlington Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 23, 2024.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Harper Unit #1H; ABR-20090515.R3; West Burlington Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 23, 2024.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Hart; ABR-201205009.R2; Wyalusing Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 23, 2024.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Maris; ABR-201205010.R2; Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 23, 2024.
RENEWAL - Seneca Resources Company, LLC; Pad ID: Wilcox Pad F; ABR-20090505.R3; Covington Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 23, 2024.
RENEWAL - EQT ARO LLC; Pad ID: Little Fawn Pad A; ABR-201905004.R1; Cascade Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 26, 2024.
RENEWAL - Seneca Resources Company, LLC; Pad ID: DCNR 100 Pad P; ABR-201205011.R2; Lewis Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 26, 2024.
RENEWAL - SWN Production Company, LLC; Pad ID: TONYA EAST; ABR-201204012.R2; Great Bend and New Milford Townships, Susquehanna County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: May 26, 2024.
RENEWAL - EQT ARO LLC; Pad ID: David C Duncan Pad B; ABR-201905005.R1; Cascade Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 28, 2024.
Seneca Resources Company, LLC; Pad ID: Bechtel 674; ABR-202405002; Richmond and Covington Townships, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 28, 2024.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Hannan; ABR-20090520.R3; Troy Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 31, 2024.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Isbell; ABR-20090521.R3; Burlington Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 31, 2024.
RENEWAL - Chesapeake Appalachia, L.L.C.; Pad ID: Ward; ABR-20090519.R3; West Burlington Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 31, 2024.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.
DATED: June 17, 2024.
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-14-06]
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 23-WQC-0050
ESC Stephens, L.C. (Elm Street Development)
1355 Beverly Road, Suite 240
Mclean, VA 22101
Attn: Jude Burke
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 23-WQC-0050.
Location: 14001 Mattawoman Drive, Brandywine in Prince George’s County, Maryland 20613
The purpose of the project is to construct a mixed-use development with associated utilities, roads, stormwater management facilities, and amenities.
Description of Authorized Work:
The project will permanently impact 1,215 square feet (0.03 acres) of emergent nontidal wetlands, 105,120 square feet (2.41 acres) of forested nontidal wetlands, 80,105 (1.84 acres) of the 25-foot nontidal wetland buffer, 560 linear feet (4,707 square feet) of intermittent streams, and 35,047 square feet (0.80 acres) of the 100-year nontidal floodplain. The project will temporarily impact 3,298 square feet (0.08 acres) of forested nontidal wetlands, 4,816 (0.11 acres) of the 25-foot nontidal wetland buffer, 171 linear feet (1130 square feet) of intermittent streams, and 12,802 square feet (0.29 acres) of the 100-year nontidal floodplain.
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: Gailynn Milligan at Gailynn.milligan@maryland.gov or 410-537-4178.
[24-14-09]
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 24-WQC-0006
American Sugar Refining, Inc.
C/o Whitney, Bailey, Cox & Magnani
Attn: John Tyszkiewicz
300 E Joppa Rd; Ste 200
Towson, Maryland 21286
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-0006
Location: 1100 Key Highway, East; Baltimore Maryland 21230
· Remove 5,586.70 square feet of existing relieving platform and construct 320 square feet of new relieving platform;
· Construct 620 linear feet of replacement king pile-supported sheet pile bulkhead extending a maximum of 7 feet and 1 inch channelward of the existing bulkhead;
· Construct four 16.5-foot long by 18-inch diameter underwater intake pipes each with 6-foot by 4-foot screens;
· Construct four stormwater outfalls that include one 12-inch diameter, two 18-inch diameter and one 24-inch diameter pipe discharging at the bulkhead;
· Construct 4,856 square feet of pipe supports for the water intake system and steel grating walkway, that includes 184 linear feet of 30-inch diameter pipe.
All work and structures extending a maximum of 31.5 feet channelward of mean high water line.
The WQC and its attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This Water Quality Certification is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.
Contact: Matt Wallach at matthew.wallach@maryland.gov or 410-207-0893
[24-14-04]
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 24-WQC-0008
Rockhold LLC
453 Deale Rd
Deale, MD 20751
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-0008.
Location: 453 Deale Rd., Deale, MD 20751
The purpose of the project is to improve navigable access and stabilize an eroding shoreline
1. Replace 413 linear feet of bulkhead within 18 inches channelward of existing; and,
2. Reconfigure an existing marina by removing 15 existing finger piers, and: constructing seven 40-foot long by 4-foot wide finger piers, four 35-foot long by 4-foot wide finger piers, four 37-foot long by 4-foot wide finger piers, constructing a 21-foot long by 4-foot wide pier extension, replace-in-kind two travel lift piers measuring 48-foot long by 5-foot wide and 49-foot long by 5-foot wide, and constructing thirty-four boat lifts with associated pilings and vinyl coverings, with all work within a maximum of 144 feet channelward of the mean high water line; and,
3. Hydraulically maintenance dredge a 200-foot long by 40-foot wide area to a depth of 7 feet at mean low water, with 732 cubic yards of dredge material; and to provide for periodic maintenance dredging for six years; and,
4. Hydraulically dredge 37,300 square feet irregularly shaped area to a depth of 7 feet at mean low water, with 3,591 cubic yards of dredge material, and to provide for periodic maintenance dredging for six years.
5. A total of 4,323 cubic yards of dredged material will be deposited on an approved upland disposal site located at 370 Deale Rd, Deale, MD 20751.
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: Mel Throckmorton at mel.throckmorton@maryland.gov or 410-375-2803.
[24-14-10]
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 24-WQC-0027
Eastern Shore Natural Gas Company
500 Energy Lane, Suite 200
Dover, Delaware 19901
Add’l. Info: Pursuant to COMAR 26.08.02.10, The Maryland Department of the Environment is providing notice of a scheduled Public Hearing for Water Quality Certification 24-WQC-0027.
Location: 0.9 miles along Sussex Highway (US-13), in the Delmar area of Wicomico County, Maryland. Intersection of Line Road and US-13 to approximately 790 feet south of Foskey Lane.
Eastern Shore Natural Gas Company has requested a Water Quality Certification (WQC) for proposed construction of approximately 0.9 miles of 10-inch pipeline in the Delmar area of Wicomico County, Maryland. This project, the Worcester Resiliency Upgrade - Delmar Loop, will use Horizontal Directional Drilling (HDD) to install the proposed natural gas pipeline. The project will use HDD to cross one intermittent stream and nine ephemeral ditches draining to the Wicomico River watershed, a Use I waterway.
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 subject application. At this time, no decision has been made as to whether a certification will be issued. A virtual public informational hearing has been scheduled for the referenced project on Tuesday, August 27, 2024. The hearing will begin at 7:00 P.M. and end no later than 9:00 P.M. To participate in the public informational hearing, please use the following link: https://meet.google.com/mqp-wdns-ykv or dial (US) +1 774-345-9953 PIN: 611 833 716#. Written comments will be accepted until September 10, 2024. All project information and updates will be available on the following page: https://mde.maryland.gov/programs/water/WetlandsandWaterways/AboutWetlands/Pages/DelmarLoopWQC.aspx
Contact: Alex Vazquez at alex.vazquez@maryland.gov or 410-537-3541.
[24-14-11]
SUMMARY OF BCDSS PETITION FOR WAIVERS PURSUANT TO COMAR 07.01.01.04
The Baltimore City
Department of Social Services (BCDSS), through Executive Director Brandi
Stockdale, filed a proper petition to the Department of Human Services (DHS)
for waiver of fifteen COMAR regulations that, in all relevant aspects, met the
requirements established in COMAR 07.01.01.04 for such petitions for purposes of a pilot or
demonstration program. The Secretary of
Human Services is required to publish the petition or its summary in the
Maryland Register for 30 days.
Under additional
flexibility authorized by the Final Federal Rule at 88 FR 66700 effective
November 27, 2023, Title IV-E agencies may claim title IV-E federal financial
participation (FFP) on behalf of otherwise eligible children placed in relative
or kinship licensed or approved foster family home when the agency uses
different licensing or approval standards for relative or kinship foster family
homes and non-relative/non-kinship foster family homes.
Consistent with such
authority, BCDSS requested Department of Human Services approval for waivers of
existing non-safety related COMAR licensing regulations for kinship households.
Such waiver requests are consistent with the new Federal Rule related to kinship
and comply with existing statutory directives that DHS ensure that “all
children [in its custody] shall have similar protection in terms of health,
safety, and quality of care” and “to protect minor children whose care has been
relinquished to others by the children’s parent.” Fam. Law §§ 5-506, 5-502(a)(1).
The BCDSS requests
waiver of the following COMAR regulations:
1. COMAR 07.02.25.04(D)(3) (a) (b) Physical exam -TB testing
Waiver of COMAR
07.02.25.04 (D)(3)(a) and (b) would not have a negative impact on the safety of
children in kinship care because TB testing is not required or recommended by
the national model standards nor is it currently a national practice in most
jurisdictions.
2. COMAR 07.02.25.04 (D)(4) (5) Additional Medical Examination
Requirements
Waiver of COMAR
07.02.25.04 (D)(4) and (5) will not have a negative impact on the safety of
children in kinship care because the medical examination is part of the
comprehensive caregiver suitability assessment reflected in the “Kin-Specific
Foster Home Approval: Recommended Standards of National Organizations.”
3. COMAR 07.02.25.04 (D)(6) Providers over age 60
Waiver of 07.02.25.04
(D)(6) will not have a negative impact on the safety of children in kinship
care because the caregiver suitability assessment will screen for kinship
caregiver’s strength regardless of age.
4. COMAR 07.02.25.04 (F) Child Support Clearance
Waiver of 07.02.25.04
(E)(4)(b) will not have a negative impact on the safety of children in kinship
care because, while it may be a concern, child support arrearages should not
prevent placing a child with kin. BCDSS’s assessment of caregiver suitability
can determine if there is something that needs to be addressed regarding child
support.
5. COMAR 07.02.25.04(G) Resource Family Home and Equipment Sections (1)
Health & Sanitary Approval (2) Lead Paint (3) General Safety Requirements
(4) Window Coverings
Waiver of 07.02.25.04
(G)(1)-(4) will not have a negative impact on the safety of children in kinship
care because each of these are addressed as part of the comprehensive caregiver
suitability assessment reflected in the “Kin-Specific Foster Home Approval:
Recommended Standards of National Organizations.”
6. COMAR 07.02.25.04(H) Financial stability
Waiver of 07.02.25.04
(H) will not have a negative impact on the safety of children in kinship care
because this are is addressed as part of the comprehensive caregiver
suitability assessment reflected in the “Kin-Specific Foster Home Approval:
Recommended Standards of National Organizations.”
7. COMAR 07.02.04(I) Fire Safety
Waiver of 07.02.25.04
(I) will not have a negative impact on the safety of children in kinship care
because the safety and needs assessment in the kin-specific model standards
contains recommended comprehensive fire safety provisions.
8. COMAR 07.02.25.04(K) Pets
Waiver of 07.02.25.04
(K) will not have a negative impact on the safety of children in kinship care
because the new safety and needs assessment will focus on ensuring the pets are
safe to be around and do not pose a health or safety threat. Rabies is predominantly
found in wild animals like bats, raccoons, skunks, and foxes and is exceedingly
rare per the CDC.
9. COMAR 07.02.25.04(L) Transportation
Waiver of 07.02.25.04
(L) will not have a negative impact on the safety of children in kinship care
because the new kin caregiver suitability assessment will determine if they
have access to an automobile, public transportation, friends or others who can
assist or if BCDSS needs to support transportation. Requirements related to
vehicle registration and maintenance are monitored by law enforcement.
10. COMAR 07.02.25.04(M) Safety Requirements for Swimming pools
Waiver of 07.02.25.04
(M) will not have a negative impact on the safety of children in kinship care
because this provision can already be waived on a case-by-case basis and will
follow local zoning, building or health codes and/or ordinances as included in
our safety and needs assessment tool.
11. COMAR 07.02.25.06 (A)(B)(C)(D)
Waiver of 07.02.25.06
(A)-(D) will not have a negative impact on the safety of children in kinship
care because these sections are applicable to non-kin Resource Homes only and
are not applicable to kinship caregivers.
12. COMAR 07.02.25.06(E)(2)(C) Training
Waiver of 07.02.25.06
(E)(2)(C) will not have a negative impact on the safety of children in kinship
care because, while training and orientation are helpful, requiring 27 hours of
training is an undue burden. Although the new federal guidance does not require
training for kinship families, BCDSS will develop a kin-specific training
curriculum with assistance from The Annie E. Casey Foundation and A Second
Chance Inc. targeted to meet kin families’ strengths and needs. The curriculum will include these topics:
navigating and understanding the child welfare system; roles and commitments of
kinship care families; child and adolescent development; attachment and the
impact of trauma; self-care, advocacy and obtaining services and supports and
permanency and the kinship triad. These trainings will be offered as a support
to caregivers, but not required for licensing.
13. COMAR 07.02.25.06 (i) Fire Inspection
Waiver of 07.02.25.06
(I) will not have a negative impact on the safety of children in kinship care
for the same reasons as indicated in #7 above.
14. COMAR 07.02.25.06(j) Pre-service
Waiver of 07.02.25.06
(J) will not have a negative impact on the safety of children in kinship care
for the same reasons as indicated in #11 above.
15. COMAR 07.02.25.06 (k) Child Support
Waiver of 07.02.25.06
(K) will not have a negative impact on the safety of children in kinship care
for the same reasons as indicated in #4 above.
[24-14-05]
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.