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Maryland Register
Issue Date: October 18, 2024
Volume 51 • Issue 21 • Pages 915 — 956
IN THIS ISSUE
Governor
Regulatory Review and Evaluation
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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before September 30, 2024 5 p.m.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 September 30, 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; Tracey A. Johnstone, Editor,
Maryland Register; Tarshia N.
Neal, Subscription Manager; Tami
Cathell, Help Desk, COMAR and Maryland Register Online.
Front cover: State House,
Annapolis, MD, built 1772—79.
Illustrations by Carolyn Anderson, Dept. of General Services
Note: All
products purchased are for individual use only. Resale or other compensated
transfer of the information in printed or electronic form is a prohibited
commercial purpose (see State Government Article, §7-206.2, Annotated Code of
Maryland). By purchasing a product, the buyer agrees that the purchase is for
individual use only and will not sell or give the product to another individual
or entity.
Closing Dates for the
Maryland Register
Schedule of Closing Dates and
Issue Dates for the
Maryland Register ................................................................ 916
COMAR Research Aids
Table
of Pending Proposals ....................................................... 917
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
01 Executive Department ............................................ 921,928
09 Maryland Department of Labor ...................................... 929
13A State Board of Education ....................................... 927, 942
14 Independent Agencies ................................................... 927
31 Maryland Insurance Administration ............................... 946
PERSONS
WITH DISABILITIES
Individuals
with disabilities who desire assistance in using the publications and services
of the Division of State Documents are encouraged to call (410) 974-2486, or
(800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.
The Governor
EXECUTIVE ORDER 01.01.2024.33
Governor’s
Subcabinet for International Affairs (Rescinds Executive Order 01.01.2005.24)
921
EXECUTIVE ORDER 01.01.2024.34
Reinvest Baltimore........................................................
922
The Judiciary
SUPREME COURT OF MARYLAND
DISCIPLINARY
PROCEEDINGS.................................. 924
Regulatory Review and Evaluation
DEPARTMENT OF HEALTH
BOARD
OF ACUPUNCTURE
Notice of Availability of Evaluation
Report........................ 925
BOARD
OF NURSING
Notice of Availability of Evaluation
Report 925
BOARD
OF EXAMINERS IN OPTOMETRY
Notice of Availability of Evaluation
Report 925
BOARD
OF MORTICIANS AND FUNERAL DIRECTORS
Notice of Availability of Evaluation
Report 925
COMMISSION
ON KIDNEY DISEASE
Notice of Availability of Evaluation
Report ....................... 926
BOARD
OF NURSING — CERTIFIED NURSING ASSISTANTS
Notice of Availability of Evaluation
Report 926
Final Action on Regulations
13A
STATE BOARD OF EDUCATION
GENERAL INSTRUCTIONAL PROGRAMS
Graduation
Requirements for Public High Schools in Maryland 927
14
INDEPENDENT AGENCIES
COMMISSION ON CRIMINAL SENTENCING
POLICY
General
Regulations . 927
Criminal
Offenses and Seriousness Categories . 927
Proposed Action on Regulations
01
EXECUTIVE DEPARTMENT
SECRETARY OF STATE
01.02.11
Maryland Safe at Home Address Confidentiality Program 928
09
DEPARTMENT OF LABOR
FAMILY AND MEDICAL LEAVE INSURANCE
PROGRAM
General Provisions . 929
Subtitle 42 FAMILY AND MEDICAL LEAVE
INSURANCE PROGRAM
Contributions . 932
Subtitle 42 FAMILY AND MEDICAL LEAVE
INSURANCE PROGRAM
Equivalent Private Insurance Plans . 933
Subtitle 42 FAMILY AND MEDICAL LEAVE
INSURANCE PROGRAM
Claims..................................................................................
937
13A
STATE BOARD OF EDUCATION
Subtitle 12 EDUCATOR LICENSURE
General
Provisions . 943
Teachers . 943
Professional and Technical Education and Specialized
Areas for Fine Arts 943
Specialists . 943
Administrators and Supervisors . 944
Subtitle 12
EDUCATOR LICENSURE
Teachers............................................................................
944
31
MARYLAND INSURANCE ADMINISTRATION
Subtitle 03 INSURANCE PRODUCERS AND
OTHER INSURANCE PROFESSIONALS
Public
Adjusters . 946
INSURERS
Form
Filings Under the Maryland Insurance Acquisitions Disclosure and Control Act 946
Special Documents
DEPARTMENT OF THE ENVIRONMENT
SUSQUEHANNA RIVER BASIN COMMISSION .. 949
Public Hearing . 949
18 CFR Part 801................................................................
950
Actions Taken at the September 12,
2024 Meeting . 952
WATER
AND SCIENCE ADMINISTRATION
Water Quality Certification
24-WQC-0021 . 953
Water Quality Certification
24-WQC-0025 . 953
Water Quality Certification
24-WQC-0029 . 954
Water Quality Certification
23-WQC-0040 . 954
Water Quality Certification
24-WQC-0043 . 955
General Notices
MARYLAND DEPARTMENT OF HEALTH
Public
Hearing . 956
Public
Meeting . 956
STATE BOARD OF INDIVIDUAL TAX
PREPARERS
Public
Meeting . 956
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 2025†
|
Issue
Date
|
Emergency
and
Proposed
Regulations
5
p.m.*
|
Notices,
etc.
10:30
a.m.
|
Final
Regulations
10:30
a.m.
|
|
2024
|
|
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
|
|
2025
|
|
|
|
|
January 10
|
December 23
|
December 30
|
December 31**
|
|
January 24
|
January 6
|
January 13
|
January 15
|
|
February 7
|
January 17**
|
January 27
|
January 29
|
|
February 21
|
February 3
|
February 10
|
February 12
|
|
March 7
|
February 14**
|
February 24
|
February 26
|
|
March 21
|
March 3
|
March 10
|
March 12
|
|
April 4
|
March 17
|
March 24
|
March 26
|
|
April 18
|
March 31
|
April 7
|
April 9
|
|
May 2
|
April 14
|
April 21
|
April 23
|
|
May 16
|
April 28
|
May 5
|
May 7
|
|
May 30
|
May 12
|
May 19
|
May 21
|
|
June 13
|
May 23**
|
June 2
|
June 4
|
|
June 27
|
June 9
|
June 16
|
June 18
|
|
July 11
|
June 23
|
June 30
|
July 2
|
|
July 25
|
July 7
|
July 14
|
July 16
|
|
August 8
|
July 21
|
July 28
|
July 30
|
|
August 22
|
August 4
|
August 11
|
August 13
|
|
September 5
|
August 18
|
August 25
|
August 27
|
|
September 19
|
August 29**
|
September 8
|
September 10
|
|
October 3
|
September 15
|
September 22
|
September 24
|
|
October 17
|
September 29
|
October 6
|
October 8
|
|
October 31
|
October 10**
|
October 20
|
October 22
|
|
November 14
|
October 27
|
November 3
|
November 5
|
|
December 1***
|
November 10
|
November 17
|
November 19
|
|
December 12
|
November 24
|
December 1
|
December 3
|
|
December 26
|
December 8
|
December 15
|
December 17
|
† 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 due to holidays.
*** Note
issue date changes due to holidays.
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.
01 EXECUTIVE DEPARTMENT
01.02.11,.03,.11 • 51:21 Md. R. 927 (10-18-24)
07 DEPARTMENT
OF HUMAN SERVICES
07.02.09.01—.13 • 51:19 Md. R. 855 (9-20-24)
07.02.25.01—.24, 51:19 Md. R. 861 (9-20-24)
08 DEPARTMENT
OF NATURAL RESOURCES
08.02.01.09 • 51:18
Md. R. 811 (9-6-24)
08.02.05.23,.26,.27 •
51:10 Md. R. 534 (5-17-24)
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)
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)
51:15 Md. R. 713 (7-26-24) (corr)
09.11.09.02 • 51:15
Md. R. 713 (7-26-24)
09.13.07.02,.04 51:19 Md. R. 870 (9-20-24)
09.19.08.02 51:19 Md. R. 871 (9-20-24)
09.33.02.01—.09 •
50:25 Md. R. 1100 (12-15-23)
09.36.06.01 51:19 871 (9-20-24)
09.36.08.02 51:19 Md. R. 871 (9-20-24)
09.36.08.02 • 50:25
Md. R. 1101 (12-15-23)
09.42.01,.01—.03 • Md. R. 928 (10-18-24)
09.42.02,.01—.10 • Md. R. 931 (10-18-24)
09.42.03,.01—.10 • Md. R. 932 (10-18-24)
09.42.04,.01—.12 • Md. R. 936 (10-18-24)
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)
10.09.11.11 • 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)
10.09.39.02,.06 •
50:24 Md. R. 1049 (12-1-23)
10.09.43.10,.13 • 51:2 Md. R. 79 (1-26-24)
10.09.46.12 • 51:4 Md. R. 204 (2-23-24)
10.09.53.04,.05 • 51:4 Md. R. 206 (2-23-24)
10.09.92.04,.05 • 51:1 Md. R. 38 (1-12-24)
Subtitles 23—36 (4th volume)
10.34.34.02,.03,.07,.10
• 51:10 Md. R. 537 (5-17-24)
Subtitles 37—52 (5th volume)
10.37.01.02 • 51:18
Md. R. 812 (9-6-24) (ibr)
10.37.01.03 • 51:17
Md. R. 779 (8-23-24)
10.44.01.01—.39 •
50:20 Md. R. 911 (10-6-23)
10.44.19.05—.12 •
50:24 Md. R. 1051 (12-1-23)
10.44.20.02 • 50:20
Md. R. 918 (10-6-23)
10.44.22.02,.04—.06,.08—.15 • 50:20 Md. R. 918 (10-6-23)
Subtitles 53—68 (6th volume)
10.63.07.02,.03,.05,.11
• 51:3 Md. R. 173 (2-9-24)
10.67.04.20 • 50:24
Md. R. 1049 (12-1-23)
10.67.06.28 • 50:24
Md. R. 1049 (12-1-23)
11 DEPARTMENT
OF TRANSPORTATION
Subtitles 01—10
11.03.01.09 • 51:11 Md. R. 585 (5-31-24)
51:18 Md. R. 813 (9-6-24)
11.11.13.03 • 51:20 Md. R. 901 (10-4-24)
12 DEPARTMENT
OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
12.04.09.02 • 51:13 Md. R. 650 (6-28-24)
13A STATE BOARD OF EDUCATION
13A.05.09.01—.04,.07 •
51:18 Md. R. 813 (9-6-24)
13A.07.06.02,08 • 51:20 Md. R. 902 (10-4-24)
13A.07.08.01—.06, 07,08 • 51:20 Md. R. 903 (10-4-24)
13A.12.01.05—.07 • 51:21 Md. R. 941 (10-18-24)
13A.12.02.06,.07 • 51:21 Md. R. 942 (10-18-24)
13A.12.02.06,.07 • 51:21 Md. R. 942 (10-18-24)
13A.12.02.03 • 51:21 Md. R. 943 (10-18-24)
13A.12.04.02,.06,.07,.13,.15 • 51:21 Md. R. 942 (10-18-24)
13A.12.05.06,.08,.10,.15 • 51:21 Md. R. 943 (10-18-24)
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)
13B MARYLAND
HIGHER EDUCATION COMMISSION
13B.02.03.02,.03,.06,.20 • 51:20 Md. R. 905 (10-4-24)
13B.02.03.28 • 51:18
Md. R. 816 (9-6-24)
13B.08.17.02—.05 • 51:16 Md. R. 759 (8-9-24)
13B.08.21.01—.22 •
51:18 Md. R. 818 (9-6-24)
14 INDEPENDENT
AGENCIES
14.26.03.01—.06,.08—.13 • 51:17 Md. R. 784 (8-23-24)
14.35.07.12 • 51:20 Md. R. 906 (10-4-24)
14.35.18.03,.04 • 51:17 Md. R. 789 (8-23-24)
14.39.02.05 • 51:20 Md. R. 907 (10-4-24)
20 PUBLIC
SERVICE COMMISSION
20.06.01.01—.09 • 51:18 Md. R. 822 (9-6-24)
20.06.02.01—.06 • 51:18 Md. R. 822 (9-6-24)
20.50.09.02,.06,.07,.09,.10,.12—.14 • 51:17 Md. R. 789 (8-23-24)
21 STATE
PROCUREMENT REGULATIONS
21.10.05.02.06 • 51:20 Md. R. 907 (10-4-24)
21.10.06.12 • 51:20 Md. R. 907 (10-4-24)
25 OFFICE OF
THE STATE TREASURER
25.03.04.01—.06 • 51:18 Md. R. 828 (9-6-24)
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)
26.11.43.04 51:19 Md. R. 872 (9-20-24)
Subtitles 19—30 (Part 4)
26.28.01.01—.03 •
51:18 Md. R. 830 (9-6-24) (ibr)
26.28.02.01—.05 •
51:18 Md. R. 830 (9-6-24)
26.28.03.01,.02 •
51:18 Md. R. 830 (9-6-24)
26.28.04.01—.03 •
51:18 Md. R. 830 (9-6-24)
29 DEPARTMENT OF
STATE POLICE
29.03.01.45 • 51:10
Md. R. 542 (5-17-24)
29.03.01.58 • 51:15 Md. R. 718 (7-26-24)
29.05.03.01—.09 • 51:15 Md. R. 719 (7-26-24)
30 MARYLAND
INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
30.02.02.04,.06—.09 •
50:24 Md. R. 1061 (12-1-23)
31 MARYLAND
INSURANCE ADMINISTRATION
31.03.18,.02,.17 • 51:21 Md. R. 944 (10-18-24)
31.04.18,.02,.15 • 51:21 Md. R. 945 (10-18-24)
33 STATE
BOARD OF ELECTIONS
33.03.02.01,.03,.05 •
51:16 Md. R. 762 (8-9-24)
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)
33.05.02.02 • 51:16
Md. R. 762 (8-9-24)
33.17.06.05 • 51:16 Md. R. 762 (8-9-24)
The Governor
EXECUTIVE ORDER 01.01.2024.33
Governor’s Subcabinet for
International Affairs
(Rescinds
Executive Order 01.01.2005.24)
WHEREAS, The State
of Maryland is committed to strengthening its comprehensive and cohesive international
strategy to enhance the State's competitiveness and stature in the global
marketplace and international arena;
WHEREAS, Executive
Order 01.01.2005.24 amended Executive Order 01.01.2001.20, which created the
Governor’s Subcabinet for International Affairs within the Office of the
Secretary of State to coordinate open communication and collaboration among
State agencies regarding international affairs for the State of Maryland;
WHEREAS, The
Adjutant General of the Maryland National Guard, who serves as an international
representative of the State of Maryland and maintains important relationships
with international militaries, should be designated as a member of the
Governor’s Subcabinet for International Affairs; and
WHEREAS, Given its
mission and expertise, the International Affairs Division within the Office of
the Secretary of State should provide the primary staff support necessary for
the completion of the Subcabinet’s duties.
NOW THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY
VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND THE LAWS OF
MARYLAND, HEREBY RESCIND EXECUTIVE ORDER 01.01.2005.24 AND PROCLAIM THE
FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
A. Establishment. There is a Governor's Subcabinet for International Affairs
(“Subcabinet”) established for the purpose of developing, evaluating and
coordinating a cohesive international strategy to enhance the State's
competitiveness and stature in the global marketplace and international arena.
B. Membership. The
Subcabinet shall consist of:
(1) The Secretary of State;
(2) The Secretary of
Commerce;
(3) The Secretary of
Agriculture;
(4) The Secretary of
Transportation;
(5) The Secretary of Higher
Education;
(6) The Adjutant General;
(7) The Secretary of the
Environment; and
(8) The Lieutenant Governor.
C. Chair. The Secretary of State shall chair
the Subcabinet and is responsible for the oversight and direction of the work
of the Subcabinet.
D.
Administration.
(1) The
Subcabinet shall be staffed by the International Affairs Division within the
Office of the Secretary of State.
(2) The Governor or the Chair may establish subcommittees to carry out
the work of the Subcabinet.
E.
Procedures.
(1) The
Subcabinet shall meet as often as its duties require, but no less than
quarterly.
(2) The Subcabinet shall consult with other State departments and
agencies as needed to carry out the provisions of this Executive Order.
F.
Duties. The Subcabinet shall:
(1) Advise the Governor on matters of international affairs.
(2) Coordinate the State’s international activity including
international cultural and educational, and economic development events, trips,
and activities, and cooperate with the federal government, where necessary.
(3) Oversee the protocol functions of the State by developing and
implementing a system to ensure that international protocol is adequately
conducted on behalf of the State.
(4) Contribute to the economic development of the State by ensuring that
all appropriate State agencies work in a cooperative, coordinated manner to
plan, implement, oversee and evaluate the foreign affairs of the State.
(5) Examine the current structure and organization of Maryland's system
of international affairs to develop:
a. A coordinated State international strategy that includes a procedure
for identifying and assessing foreign developments that may impact the State;
b. An annual interagency plan for implementation of the State
international strategy, including services and functions dealing with the
international affairs of the State;
c. A consistent and clear international identity of the State by serving
as the official liaison between the Governor and foreign governments and
international organizations; and
d. Recommendations for programs and policies,
if appropriate, to ensure that the needs and goals of the State's international
strategy are met and accomplished.
(6) Develop a plan to coordinate and respond to international
correspondence and requests.
(7) Perform other duties and responsibilities as assigned by the
Governor.
G. Reporting. The Subcabinet shall submit a
report to the Governor by January 31st each year, detailing its recommendations
to support a coordinated State international strategy.
H. General Provisions.
(1) This Executive Order shall be implemented
in a manner that is consistent with all applicable statutes and regulations.
Nothing in this Executive Order shall operate to contravene any State or
federal law or to affect the State’s receipt of federal funding.
(2) If any provision of this Executive Order
or its application to any person, entity, or circumstance is held invalid by
any court of competent jurisdiction, all other provisions or applications of
the Executive Order shall remain in effect to the extent possible without the
invalid provision or application. To achieve this purpose, the provisions of
this Executive Order are severable.
GIVEN Under My Hand and the Great Seal of the
State of Maryland, in the City of Annapolis, this 30th Day of September 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-21-18]
EXECUTIVE ORDER 01.01.2024.34
Reinvest Baltimore
WHEREAS, The State of Maryland is committed to
maximizing the economic potential and quality of life for all residents of
Baltimore City;
WHEREAS, The long standing concentration of blighted vacant residential
properties and other structures in Baltimore City impedes the public health,
safety and quality of life for residents;
WHEREAS, Concentrations of vacant properties disproportionately impact
lower income communities of color, decrease property values of surrounding
property, and gravely lower the potential for residential and business
advancement;
WHEREAS, Maryland must take
action to eliminate concentrations of vacant properties and strategize to
promote population growth, increase access to homeownership, aid small business
development and establish quality community amenities that benefit residents in
Baltimore City neighborhoods;
WHEREAS, Partnership between State and local agencies and the private
sector is critical to secure capital and community investments; and
WHEREAS, The State and Baltimore City have dedicated historic levels of public
funds to eliminate vacancy and blight in Baltimore City and possess a shared
interest to revitalize neighborhoods and maximize the economic potential and
quality of life for residents in Baltimore City.
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 THE FOLLOWING EXECUTIVE ORDER EFFECTIVE IMMEDIATELY:
A. Establishment.
1. There is hereby established a Reinvest
Baltimore Program (“Reinvest Baltimore”), a collective effort between the
State, Baltimore City, and local organizations to eliminate concentrations of
vacant properties and blight, revitalize neighborhoods, and maximize the
economic potential and quality of life for residents in Baltimore City.
2. The Maryland Department of Housing and
Community Development’s Project C.O.R.E. (Creating Opportunities for
Revitalization and Equity) Initiative to develop green space, affordable and
mixed use housing, greater opportunities forsmall business owners,
generate jobs, and strengthen the partnership between the City of Baltimore and
the State of Maryland to create safer, healthier and more attractive spaces for
families to live and put down roots in Baltimore, shall now be known as the
Baltimore Vacants Reinvestment Initiative.
a. The Secretary of the Department of Housing
and Community Development shall rebrand, incorporate and merge the activities
of the former Project C.O.R.E. with the new Baltimore Vacants Reinvestment
Initiative.
3. There is hereby established a Baltimore
Vacants Reinvestment Council (“Council”) to coordinate State and local efforts
to implement Reinvest Baltimore and provide timely and accurate information to
the Governor about the programs, activities, and progress of Reinvest
Baltimore.
4. Reinvest Baltimore shall consist of the
Baltimore Vacants Reinvestment Initiative and the Baltimore Vacants
Reinvestment Council.
B. Membership. The
Council shall consist of the following members:
1. The Secretary of the Department of Housing
and Community Development, or the Secretary’s designee, who shall serve as
Chair;
2. The Commissioner of the Baltimore City
Department of Housing and Community Development, or the Commissioner’s
designee, who shall serve as Vice Chair;
3. The Secretary of the Maryland Department of
Planning, or the Secretary’s designee;
4. The Secretary of the Maryland Department of
Labor, or the Secretary’s designee;
5. The Executive Director of the Maryland
Stadium Authority, or the Director’s designee;
6. The Attorney General, or the Attorney
General’s designee;
7. The Executive Director of the Maryland
Economic Development Corporation, or the Executive Director’s designee;
8. One (1) member of the Maryland Senate,
appointed by the President of the Senate;
9. One (1) member of the Maryland House of
Delegates, appointed by the Speaker of the House of Delegates;
10. Two (2) members appointed by the Baltimore
City Mayor representing:
a. The Office of the Mayor; and
b. The Baltimore City Department of Finance;
11. One (1) member of the Baltimore City
Council, appointed by the Baltimore City Council President;
12. Five (5) members, appointed by the
Governor, with training, knowledge, or experience in real estate,
community-engaged design and planning, building equitable neighborhoods, and
addressing housing vacancy; and
13. Such other officials of executive
departments and agencies as the Governor may from time to time designate.
C. Duties. The Council, led by the Secretary
of the Department of Housing and Community Development, shall:
1. Develop a plan to obtain private,
philanthropic, and federal funding to support Reinvest Baltimore;
2. Recommend strategies and establish
community-based priorities to maximize investments, reduce vacancy and promote
neighborhood renewal in Baltimore City;
3. Identify and address challenges related to
the implementation of Reinvest Baltimore;
4. Gather and share information related to
vacancy reduction, eliminating blight, and neighborhood renewal;
5. Provide recommendations on the
establishment of “VacantStat,” a State and Baltimore City comprehensive and
public data dashboard to measure and monitor key metrics that will combine
existing resources and the information, tools, and supplements to illustrate
progress on Reinvest Baltimore;
6. Identify opportunities for the State and
Baltimore City to increase collaboration to advance Reinvest Baltimore; and
7. Recommend policy changes at the State and
local level to promote Reinvest Baltimore.
D. Administration.
1. The Council shall be staffed by the
Maryland Department of Housing and Community Development.
2. The Council may function through
established or ad hoc committees or working groups.
3. Members appointed by the Governor shall serve at the pleasure of the
Governor.
4. Members of the Council may not receive any
compensation for their services, but may be reimbursed
for their reasonable expenses incurred in the performance of duties in
accordance with the State Standard Travel Regulations and as provided in the
State budget.
5. To the extent permitted by law, all
Executive Branch departments and agencies shall cooperate with the Council and
provide such assistance, information, and advice to the Council as the Council
may request.
6. The Council shall maintain transparency in
its operations and is subject to the provisions of the Public Information Act
and the Open Meetings Act.
E. Procedures.
1. The Council Chair shall:
a. Oversee and lead the implementation of this
Executive Order and the work of the Council;
b. Determine the Council's agenda; and
c. Identify additional support as needed.
2. The Council Chair may adopt bylaws, rules,
and other procedures necessary to ensure the orderly transaction of business.
3. A majority of the members present shall
constitute a quorum for the transaction of any business of the Council.
4. The Council shall submit an annual report
to the Governor on or before January 1, 2025, and by September 30th, each year
thereafter, outlining the status of Reinvest Baltimore and any progress,
challenges, and recommendations.
F. Meetings of the Council.
1. The Council shall meet as often as its
duties require, but no less than quarterly.
2. The Council Chair may convene meetings of
the Council and shall preside over the meetings.
3. The Council may establish ad hoc committees
or working groups that meet in between the Council’s official quarterly
meetings.
G.
Duration. This Executive Order shall remain in effect until January 15,
2027, unless earlier modified or rescinded.
H. General Provisions.
1. This Executive Order shall be implemented
in a manner that is consistent with all applicable statutes and regulations.
Nothing in this Executive Order shall operate to contravene any State or
federal law or to affect the State's receipt of federal funding.
2. If any provision of this Executive Order or
its application to any person, entity, or circumstance is held invalid by any
court of competent jurisdiction, all other provisions or applications of the
Executive Order shall remain in effect to the extent possible without the
invalid provision or application. To achieve this purpose, the provisions of
this Executive Order are severable.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the
City of Baltimore, this 1st Day of October 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-21-19]
The Judiciary
SUPREME COURT OF MARYLAND
DISCIPLINARY PROCEEDINGS
This is to certify that
by an Order of this Court dated September 23, 2024, MICHELE YVONNE GALLAGHER (CPF#
9606050153)as of September 23,
2024, Michele Yvonne Gallagher 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).
* * * * * * * * * *
This is to certify that
by an Order of this Court dated September 23, 2024, SHEILA BRIDGET THURMOND
MAYERS (CPF# 0107010003) as of
September 23, 2024, Sheila Bridget Thurmond Mayers has been temporarily
suspended, 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).
* * * * * * * * * *
This is to certify that by an Order of this Court dated September
24, 2024, BRIAN DAVID O’NEILL (CPF# 0712120129) as of September 24, 2024, Brian David O’Neill has been disbarred,
effective immediately, and his name has been stricken from the register of attorneys
in this Court. Notice of this action is given in accordance with Maryland Rule
19-761(b).
* * * * * * * * * *
This is to certify that by an Order of this Court dated September
24, 2024,CAROL MARIE GORDON (CPF# 8906140081) as of September 24, 2024, Carol Marie Gordon’s name has been replaced
on the register of attorneys permitted to practice law in the Supreme Court of
Maryland. Notice of this action is given in accordance with Maryland Rule
19-761(b).
* * * * * * * * * *
This is to certify that by an Order of this Court dated September
24, 2024, KEVIN MBEH TABE (CPF# 0912170224) as of September 24, 2024, Kevin Mbeh Tabe’s name has been replaced on
the register of attorneys permitted to practice law in the Supreme Court of
Maryland. Notice of this action is given in accordance with Maryland Rule
19-761(b).
[24-21-20]
Regulatory Review and Evaluation
Regulations
promulgated under the Administrative Procedure Act will undergo a review by the
promulgating agency in accordance with the Regulatory Review and Evaluation Act
(State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This review will be documented in an
evaluation report which will be submitted to the General Assembly’s Joint
Committee on Administrative, Executive, and Legislative Review. The evaluation reports have been spread over
an 8-year period (see COMAR
01.01.2003.20 for the schedule).
Notice that an evaluation report is available for public inspection and
comment will be published in this section of the Maryland Register
Proposed Action on Regulations
Title 01
EXECUTIVE DEPARTMENT
Subtitle 02
SECRETARY OF STATE
01.02.11 Maryland Safe at Home Address Confidentiality Program
Authority: Authority: Real
Property Article, §§3-114—3-120; State Government Article, §§7-301—7-313;
Annotated Code of Maryland
Notice of Proposed Action
[24-128-P]
The Secretary of State proposes to amend Regulations .03
and .11 under COMAR 01.02.11 Maryland Safe at Home Address
Confidentiality Program.
Statement of Purpose
The purpose of this action is to clarify residency requirements
for individuals seeking to apply to the program and to clarify the eligibility
criteria for reinstatement following a previous program cancellation. This action adds program eligibility for
participants who have not been previously cancelled for non-compliance,
and confirms existing practice for participants to remain eligible for
participation when they are in the process of relocating due to their address
becoming public. It also updates the returned mail requirements for
participants to maintain their program eligibility.
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 Eileen Hammack, Deputy Director, Office of
the Secretary of State, Address Confidentiality Program, 16 Francis Street,
Annapolis, MD 21401, or call 410-260-3875, or email to
eileen,hammack@maryland.gov. Comments will be accepted through November 18,
2024. A public hearing has not been scheduled.
.03
Who May Apply.
Beginning
October 1, 2006, an individual may apply to participate in the Program. To be
designated as a participant in the Program, the individual shall:
A. (text unchanged)
B.
Be a present or future primary resident of Maryland;
C. (text
unchanged)
D.
Have recently relocated or intend to relocate within 30 days from the date of
application to an address unknown to the abuser and, at the time of
application, not readily accessible to the general public, according to the
discretion of the Secretary; [and]
E.
Submit evidence satisfactory to the Secretary of threatened, attempted, or
actual domestic violence, sexual assault, stalking, harassment, or human
trafficking [satisfactory to the Secretary.]; and
F. Not have been previously
cancelled from the Program for non-compliance with Program obligations as set
forth in State Government Article, §7-307(a)(1), (3), and (4), Annotated Code
of Maryland and these regulations.
.11
Cancellation from Program.
A.
(text unchanged)
B.
[Under State Government Article, §§7-307(a)(4), Annotated Code of
Maryland, if the Secretary forwards mail to a participant and it is returned
three times in succession as undeliverable, then the Secretary shall cancel the
participant from the Program.] The Secretary may cancel the
participation of a participant if mail forwarded by the Secretary to the
participant’s address is returned as undeliverable by the United States Postal
Service.
C. Under State Government
Article, §7-307(a)(5), Annotated Code of Maryland, if the Secretary determines
that the actual address of a participant is readily accessible to the general
public, the Secretary shall notify the participant of the determination and
intent to cancel participation. The participant may remain in the Program if
they intend to relocate within 30 days, or longer upon written request and
determination by the Secretary that additional time is needed to relocate,
to an address unknown to the abuser and not readily accessible to the general
public.
D. A program participant
whose participation is cancelled under State Government Article, §7-307(a)(5),
Annotated Code of Maryland may be eligible to reapply for participation if:
(1) Their address became
known or publicly available through no fault of their own, and they were
otherwise in compliance with Program rules and regulations;
(2) They have relocated
to an address that is unknown to the abuser and not readily accessible to the
general public; and
(3) They meet all other
eligibility requirements under Regulation .03 of this chapter.
SUSAN C. LEE
Secretary of State
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 42 FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM
09.42.01 General
Provisions
Authority: Labor and
Employment Article, §§8.3-101, 401, 402 and 403, Annotated Code of Maryland
Notice of Proposed
Action
[24-130-P]
The Family and Medical
Leave Insurance Division of the Maryland Department of Labor proposes to adopt
new Regulations .01—.03 under a new chapter, COMAR 09.42.01 General
Provisions, under a new subtitle, Subtitle 42 Family and Medical
Leave Insurance Program.
Statement of Purpose
The purpose of this
action is to define terms for use throughout the entire subtitle, establish the
Division, and outline required templates and forms.
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
Regan Vaughan, Director of Policy, Family and Medical Leave Insurance Division
of the Maryland Department of Labor, 1100 N. Eutaw Street, Baltimore, MD 21201,
or call 410-230-6071, or email to famli.policy@maryland.gov. Comments will be
accepted through November 18, 2024. A public hearing has not been scheduled.
.01 Definitions.
A. In this subtitle,
the following terms have the meanings indicated.
B. Terms Defined.
(1) “Administration”
means the Maryland Insurance Administration.
(2) “Adverse
determination” means a disqualification of an individual or denial, in full or
in part, of Family and Medical Leave Insurance (FAMLI) leave or benefits to a
claimant made under the Division’s reconsideration process.
(3) “Application
year” means the 12-month period beginning on the Sunday of the calendar week of
which FAMLI leave begins.
(4) “Assistant
Secretary” means the Assistant Secretary for the FAMLI Division established by
COMAR 09.42.01.02.
(5) “Business day” means a day that the State is open for the transaction
of business and begins at 12 a.m. and ends at 11:59.59 p.m.
(6) “Carrier” means
an insurer authorized to sell insurance by the Administration.
(7) “Claim” means an
application for FAMLI leave and benefits under Labor and Employment
Article, §8.3-101 et seq., Annotated Code of Maryland.
(8) “Claimant” means
an individual who applies for FAMLI leave and benefits under this subtitle.
(9) “Commercially
insured EPIP” means an EPIP in which the employer purchases an insurance policy
from an insurance company approved to sell paid FAMLI products by the
Administration and the benefits related to the plan are administered
through the insurance policy.
(10) “Continuing
treatment” means any one or more of the following.
(a) Incapacity and
treatment.
(b) Pregnancy or
prenatal care. Any period of incapacity due to pregnancy, childbirth,
miscarriage or stillbirth, or period of absence for prenatal care.
(c) Chronic
conditions. Any period of incapacity or treatment for the incapacity due to a
chronic serious health condition that:
(i) Requires
periodic visits (defined as at least twice a year) for treatment ordered by a
licensed health care provider;
(ii) Continues over
an extended period of time (including recurring episodes of a single underlying
condition); and
(iii) May cause
episodic rather than a continuing period of incapacity (e.g., asthma, diabetes,
epilepsy, etc.).
(d) Permanent or
Long-Term Conditions. A period of incapacity which is permanent or long-term
due to a condition that treatment may not be effective and
requires continuing supervision, but need not be receiving active treatment by,
a licensed health care provider.
(e) Conditions
Requiring Multiple Treatments. Any period of absence to receive multiple
treatments (including any period of recovery therefrom) ordered by a licensed
health care provider, for:
(i) Restorative
surgery after an accident or other injury; or
(ii) A condition
that would likely result in a period of incapacity of more than 3 full,
consecutive days in the absence of medical intervention or treatment.
(f) Absences
attributable to incapacity under §B(10)(b) or (c) of this regulation qualify
for FAMLI leave even though the claimant or the family member does not receive
treatment from a licensed health care provider during the absence, and even if
the absence does not last more than 3 full, consecutive days.
(11) “Contribution”
means the payments made to the Division under Labor and Employment Article,
§8.3-601 et seq., Annotated Code of Maryland and Chapter 02 of this subtitle.
(12) “Covered
employee” means an employee who has worked at least 680 hours performing
qualified employment located in the State over the four most recently completed
calendar quarters for which quarterly reports have been required immediately
preceding the date on which leave is to begin.
(13) “Covered
individual” means a covered employee.
(14) “Department”
means the Maryland Department of Labor.
(15) “Deployment”
has the meaning as defined in Labor and Employment Article, §8.3-101(g),
Annotated Code of Maryland.
(16) “Division”
means the FAMLI Division established by COMAR 09.42.01.02.
(17) “Domestic
partner” means the person with whom someone is in a domestic partnership.
(18) “Domestic
partnership” means a relationship between two individuals who:
(a) Are at least 18
years old;
(b) Are not related
to each other by blood or marriage within 4 degrees of consanguinity under
civil law rule;
(c) Are not married
or in a civil union or a relationship described in this subsection
with another individual; and
(d) Agree to be in a
relationship of mutual interdependence in which each individual contributes to
the maintenance and support of the other individual and the relationship, even
if both individuals are not required to contribute equally to the relationship.
(19) Employee.
(a) “Employee” means
an individual who performs work for compensation.
(b) “Employee” does
not mean an individual who meets the following requirements:
(i) The individual
who performs the work is free from control and direction over its performance
both in fact and under a contract;
(ii) The individual
customarily is engaged in an independent business or occupation of the same
nature as that involved in the work; and
(iii) The work is
outside of the usual course of business of the person for whom the work is
performed or it is performed outside of any place of business of the person for
whom the work is performed.
(20) Employer.
(a) “Employer” means
a person or governmental entity that employs at least one individual who
performs qualified employment.
(b) “Employer” does
not mean:
(i) An individual
who is the sole owner of a sole proprietorship, limited liability company, C
Corporation or S Corporation; and
(ii) Is the only
individual employed by the sole proprietorship, limited liability company, C
corporation or S Corporation.
(21) “EPIP administrator” means:
(a) An employer
self-administering an approved self-insured EPIP;
(b) A third-party
administrator or payroll company acting on behalf of an employer to provide
administration and oversight of an approved self-insured EPIP; or
(c) A carrier
administering an approved commercially insured EPIP.
(22)
“Equivalent-private insurance plan (EPIP)” means a Division approved
commercially insured or self-insured insurance plan provided by an employer to
employees that meets or exceeds the State plan, whether it is administered by
the employer, a third-party administrator, or a carrier.
(23) “The Family and
Medical Leave Act (FMLA)” means the Family and Medical Leave Act of 1993, 29
U.S.C. §§2601-2654.
(24) “Family leave”
means leave used:
(a) To care for or
bond with a child of the covered individual during the first year after the
child’s birth;
(b) During the
process through which a child is being placed with the covered individual
through foster care, kinship care, or adoption and to care for or bond with the
child during the first year after the placement;
(c) To care for a
family member with a serious health condition; or
(d) To care for a
service member with a serious health condition for whom the covered individual
is next of kin.
(25)
“Family member” means:
(a) A biological
child, an adopted child, a foster child, or a stepchild of the covered
individual;
(b) A child for whom
the covered individual has legal or physical custody or guardianship;
(c) A child for whom
the covered individual stands in loco parentis, regardless of the child’s age;
(d) A biological
parent, an adoptive parent, a foster parent, or a stepparent of the covered
individual or of the covered individual’s spouse;
(e) The legal
guardian of the covered individual or the ward of the covered individual or of
the covered individual’s spouse;
(f) An individual
who acted as a parent or stood in loco parentis to the covered individual or
the covered individual’s spouse when the covered individual or the covered
individual’s spouse was a minor;
(g) The spouse of
the covered individual;
(h) A domestic
partner of the covered individual;
(i) A biological
grandparent, an adopted grandparent, a foster grandparent, or a stepgrandparent
of the covered individual;
(j) A biological
grandchild, an adopted grandchild, a foster grandchild, or a stepgrandchild of
the covered individual; or
(k) A biological
sibling, an adopted sibling, a foster sibling, or a stepsibling of the covered
individual.
(26)
“FAMLI benefits” means the money payable under Labor and Employment Article,
§8.3-101, et seq., Annotated Code of Maryland and this subtitle.
(27)
“FAMLI leave” means family leave, medical leave, and/or qualified exigency
leave that a covered individual is entitled to under Labor and Employment
Article §8.3-101 et seq., Annotated Code of Maryland.
(28) “Incapacity” means the inability to
perform at least one essential job function, attend school, or perform regular
daily activities.
(29) “Incapacity and treatment” means:
(a) A period of
incapacity of more than 3 full, consecutive days, and any subsequent treatment
or period of incapacity relating to the same condition, that also involves:
(i) Treatment two or
more times, within 30 days of the first day of incapacity, unless extenuating
circumstances exist, by a licensed health care provider; or
(ii) Treatment
ordered by a licensed health care provider on at least one occasion, which
results in a regimen of continuing treatment, including home care administered
by a competent individual under the direction of a licensed health care
provider.
(b) The requirement
in §B(29)(a)(i) of this regulation for treatment by a licensed health care
provider means an in-person visit or synchronous tele-health appointment with a
licensed health care provider.
(c) The first (or
only) in-person treatment visit or synchronous tele-health appointment shall
take place within 7 days of the first day of incapacity.
(d) Whether
additional treatment visits or a regimen of continuing treatment is necessary
within the 30-day period shall be determined by the licensed health care
provider.
(e) The term
extenuating circumstances in §B(29)(a)(i) of this regulation means
circumstances beyond the claimant’s control that prevent the follow-up visit
from occurring as planned by the licensed health care provider.
(30) “Inpatient care” means an
overnight stay in a hospital, as defined in Health General Article, §19-301,
Annotated Code of Maryland, or related institution, as defined in Health
General Article, §19-301, Annotated Code of Maryland, or a hospice
facility, as defined in Health General Article, §19-901, Annotated Code
of Maryland, or any subsequent treatment in connection with inpatient care.
(31) “Kinship care”
means informal kinship care as stated in the Education Article, §4-122.1(a)(2),
Annotated Code of Maryland and formal
kinship care as stated in the Family Law Article, §5-501(e), Annotated Code of
Maryland.
(32)
“Licensed health care provider” means:
(a) A doctor of medicine or
osteopathy who is authorized to practice medicine or surgery in
a state and performing within the scope of their
practice as defined under the state’s law;
(b) A podiatrist, dentist,
clinical psychologist, optometrist, or
chiropractor
(limited to treatment consisting of manual manipulation of the spine to correct
a subluxation as demonstrated by X ray to exist) authorized to practice in a state and performing within the scope of their practice as
defined under the state’s law;
(c) A nurse practitioner, nurse midwife, clinical social worker, or physician assistant authorized to practice
in a state
and performing within the scope of their practice as defined under the state’s law; or
(d) Any health care provider listed above who practices in
a country other than the United States, who is authorized to practice in
accordance with the law of that country, and who is performing within the scope
of their
practice as defined under such law.
(e) The phrase
“authorized to practice in a state” as
used in this section means that the provider must be authorized to diagnose and
treat physical or mental health conditions.
(33)
“Maximum weekly benefit amount” means the amount established under Labor and
Employment Article, §8.3-703, Annotated Code of Maryland.
(34) “Medical leave” means leave taken because
the covered individual has a serious health condition that results in the
covered individual being unable to perform the functions of the covered
individual’s position.
(35) “Qualified employment” means the
provision of services localized within the State under COMAR 09.42.02.04 by an
employee to an employer.
(36)
“Qualified exigency leave” means leave taken when a
qualifying exigency as defined in Labor and Employment
Article §8.3-101(m), Annotated Code of Maryland arises out of the
deployment of a service member who is a family member of the covered
individual.
(37) “Secretary” means the Secretary of
Labor.
(38)
“Self-insured EPIP” means an EPIP in which the employer offers a private plan
for which the employer assumes all financial risk associated with the benefits
and administration of the EPIP, whether it is administered by the employer or a
third-party administrator.
(39)
“Serious health condition” means an illness, injury, impairment, or physical or
mental condition of a claimant or their family member that:
(a) Requires
inpatient care;
(b) Requires
continuing treatment by a licensed health care provider; or
(c) Involves the
donation of a body part, organ, or tissue, including preoperative or diagnostic
services, surgery, post-operative treatment, and recovery.
(40) “Service
member’s next of kin” means the nearest blood relative other than the service
member’s spouse, parent, son, or daughter, in the following order of priority:
blood relatives who have been granted legal custody of the service member by
court decree or statutory provisions, brothers and sisters, grandparents, aunts
and uncles, and first cousins, unless the service member has specifically
designated in writing another blood relative as their nearest blood relative
for purposes of military caregiver leave under FMLA.
(a) When no such
designation is made, and there are multiple family members with the same level
of relationship to the service member, all such family members shall be
considered the service member’s next of kin and may take FAMLI leave to provide
care to the service member, either consecutively or simultaneously.
(b) When such
designation has been made, the designated individual shall be deemed to be the
service member’s only next of kin.
(41) “State plan” means the State-provided FAMLI
plan including the fund from which benefits are
paid.
(42)
“Treatment” includes, with the exception of routine
physical examinations, eye examinations, or dental examinations, examinations
to determine if a serious health condition exists and evaluations of a serious
health condition.
(43)
“Wages” has the meaning
as defined in Labor and Employment Article, §8.3-101(r), Annotated Code of
Maryland.
.02 General
Regulations.
A. There is a FAMLI
Division within the Department.
B. The FAMLI Division
shall administer the FAMLI program.
C. The Assistant Secretary has been delegated
by the Secretary powers and duties reasonable and proper for the administration
of Labor and Employment Article, §8.3-101, et seq.,
Annotated Code of Maryland and this subtitle.
.03
Required Templates and Forms.
A. The Division may mandate the use of approved templates and
forms by EPIPs, employers, and claimants including:
(1) Employer notice to employee templates;
(2) Claims:
(a) Claim application form;
(b) Certification of qualifying event forms;
(c) Proof of relationship template;
(d) Good cause exemption form; and
(e) Intermittent leave use template; and
(3) Dispute Resolution:
(a) Request forms;
(b) Reconsideration scheduling template;
(c) Decision templates; and
(d) Good cause exemption form.
B. The Division shall
make mandated templates and forms available
for download from its website.
C. Any changes to the
fields on the templates or forms mandated by the Division shall be
provided to the Division no less than 30 days before the changed template or
form would go into effect.
PORTIA WU
Secretary of Labor
REGAN VAUGHAN
Director of Policy
Subtitle 42
FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM
09.42.02 Contributions
Authority: Labor and Employment Article, §§8.3-101, 201, and
601, Annotated Code of Maryland
Notice of Proposed Action
[24-131-P]
The Family and Medical Leave Insurance Division of the Maryland
Department of Labor proposes to adopt new Regulations .01—.10 under a
new chapter, COMAR 09.42.02 Contributions, under a new subtitle, Subtitle
42 Family and Medical Leave Insurance Program.
Statement of Purpose
The purpose of this action is to
define and detail the contribution requirements, due dates, and related
filings of employers and employees in the State.
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 Regan Vaughan, Director of Policy, Family
and Medical Leave Insurance Division of the Maryland Department of Labor, 1100
N. Eutaw Street Baltimore, MD 21201 , or call 410-230-6071, or email to
famli.policy@maryland.gov. Comments will be accepted through November 18, 2024.
A public hearing has not been scheduled.
.01 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Small employer” means a person or governmental entity that
meets the definition of employer and employs fewer than 15 employees, as
calculated using the method under COMAR 09.42.02.06.
(2) “Social security wage base” means the maximum wage subject
to tax under the Federal Insurance Contributions Act, 26 U.S.C. §3101, et seq.
for any particular year, as published by the Social Security Administration.
(3) “Total rate of contribution” means the percent of wages
published by the Department for any particular year, under the Division’s
authority under Labor and Employment Article, §8.3-601, Annotated Code of
Maryland.
.02 Employer Registration Requirements.
An employer shall create and maintain an online account
necessary to make required information reports, remit contribution payments,
and both receive and provide any necessary communication with the Division
regarding reporting and contribution obligations under Labor and Employment
Article, §8.3-101, et seq., Annotated Code of Maryland.
.03 Registration of New Employers After Contributions Begin.
An employer who commences operations after contributions begin
shall, within 20 days of their first payment of wages to a qualified employee,
create and maintain an online account necessary to make required information
reports, remit contribution payments, and both receive and provide any
necessary communication with the Division regarding reporting and contribution
obligations under Labor and Employment Article, §8.3-101, et seq., Annotated Code of Maryland.
.04 Qualified Employment.
A. All wages paid by each employer to an employee for performing
qualified employment are subject to contributions up to the amount of the
social security wage base each calendar year.
B. Employment is qualified employment if:
(1) The employment obligates the employer to pay contributions
to the Unemployment Insurance Fund under Labor and Employment Article, §8-101,
et seq., Annotated Code of Maryland; or
(2) The employment does not obligate the
employer to pay unemployment insurance fund contributions to any jurisdiction
but:
(a) The employment is performed in the State, including:
(i) Employment performed on land that the United States
government holds or owns; and
(ii) Employment performed in interstate commerce; or
(b) The employment is performed partly in this State and:
(i) The employment that is performed outside this State is
incidental to the employment that is performed in this State, including
employment that is temporary or transitory or that consists of isolated
transactions; or
(ii) The employment that is performed in this State is not
incidental to employment that is performed in any other state and the base of
operations or the place from which the employment is controlled or directed is
in this State or the employment is performed by an individual who is a resident
of this State and is not performed in part in a state in which the employment
is controlled or directed or in which the base of operations is located.
C. Employment is not qualified employment if the employment of an employee obligates the employer
to pay unemployment insurance fund contributions to any jurisdiction other than
this State for that employee and
not this State.
.05 Employer Contributions.
A. Employers are responsible for remitting 100 percent of
contributions due each quarter.
B. Under Labor and Employment Article, §8.3-601, Annotated Code
of Maryland, an employer may withhold from the pay of an employee an amount up
to 50 percent of the total rate of contribution.
C. An employer may elect to pay their employees’ contribution
amounts required under §B of this regulation, in whole or in part, and shall
notify employees of the election to pay employee contributions or not, in
writing, using the Division’s template.
D. An employer shall provide written notice of the commencement
of contribution withholding and any changes to employee contributions at least
1 pay period prior to the commencement or change.
.06 Employer Size.
A. The number of employees shall be counted by using the total
number of employees within and without the State to whom the employer paid any
wages regardless of whether
the employee is performing qualified employment.
B. An annual determination of employer size shall be made by
averaging the number of employees to whom the employer paid any wages each
quarter for the previous calendar year.
C. Until an employer has 4 quarters of reports and contributions
in 1 calendar year, employer size shall be determined quarterly by counting the
total number of employees to whom the employer paid any wages in that calendar
quarter.
D. The employer is only responsible for remitting 50 percent of
the total rate of contribution if the employer size determined under §§A, B,
and C of this regulation is below 15.
.07 Failure to Deduct Contributions from Payroll.
A. If an employer fails to make the proper deduction from an
employee’s pay, that employer is considered to have elected to pay that portion
of the employee’s contribution for each pay period the employer fails to make
the deduction.
B. The employer is liable to pay the portion of the employee
share and may not recoup the employee share attributable to a past pay cycle on
future pay cycles.
C. Notwithstanding §§A and B of this regulation, within the
immediately following 6 pay cycles, an employer may recoup the employee share
of contributions attributable to a past pay cycle if there are insufficient
paycheck funds due to other required federal, state and local withholdings that
take precedence.
.08 Wage Reporting and Payment Schedule.
A. An employer shall remit contributions for each employee every
quarter equal to the total rate of contribution multiplied by the total wages
up to the social security wage base paid to each employee performing qualified
employment in the State.
B. Quarterly informational wage and hour reports, which shall
include the amount of wages and hours worked for each employee performing
qualified employment in the immediately preceding quarter, shall be due on or
before the quarterly contribution payment due date.
C. If the employer wants to be considered for classification as
a small employer, the informational report shall include the number of
employees not performing qualified employment in the State to whom wages were
paid in the quarter.
D. If the employer fails to provide a number of employees not
performing qualified employment in the State, the employer will be deemed to
not be a small employer.
E. Contributions are due and shall be paid on or before the last
day of the month immediately following each calendar quarter.
F. Amendments by employers to quarterly wage and hour reports
shall be submitted to the Division within 1 year of the initial due date.
.09 Contribution Delinquencies.
A. If an employer fails to pay the required contributions in the
prescribed manner, the employer shall be given 30 days to cure any deficiencies
and may be required to pay interest, in the amount of 1.5 percent per month or
part of a month from the date on which it is due to the Division, on unpaid
contributions.
B. If deficiencies are not cured, penalties, under Labor and
Employment Article, §8.3-903, Annotated Code of Maryland, may be imposed as
follows:
(1) Assess the amount of contributions and interest, in the
amount of 1.5 percent per month or part of a month from the date on which it is
due to the Division, due;
(2) Make an additional assessment in an amount not to exceed two
times the contributions withheld, as a penalty for failure to pay the
contributions due; and
(3) Order an audit of the employer for the immediately following
fiscal year to investigate and determine compliance with Labor and Employment
Article, §8.3-101, et seq., Annotated Code of Maryland.
.10 Contribution Overpayments.
A. An employer may request from the Division reimbursement of
overpayment of contributions no later than 1 year from the due date of the
alleged overpayment.
B. An employer who receives a reimbursement under §A of this
regulation shall return employee contributions to the employees from whom they
were withheld within 90 days of receipt of the reimbursement.
C. If a former employee owed reimbursed contributions from their
employer cannot be located via reasonable effort, including making use of all
contact information the employer has on file, within 90 days as required under
§B of this regulation, the employee’s contributions shall be remitted to the
State for safekeeping.
PORTIA WU
Secretary of Labor
REGAN VAUGHAN
Director of Policy
Subtitle 42
FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM
09.42.03 Equivalent Private Insurance Plans
Authority: Labor and Employment Article, §§8.3-101, 403, 503,
and 705, Annotated Code of Maryland
Notice of Proposed Action
[24-132-P]
The Family and Medical Leave Insurance Division of the Maryland
Department of Labor proposes to adopt new Regulations .01—.10 under a
new chapter, COMAR 09.42.03 Equivalent Private Insurance Plans, under a
new subtitle, Subtitle 42 Family and Medical Leave Insurance Program.
Statement of Purpose
The purpose of this action is to detail the requirements and
procedures for private commercially and self insured insurance plans that offer
equivalent or better benefits than the State plan, including temporary
provisions applicable to the beginning of the program.
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 Regan
Vaughan, Director of Policy, Family and Medical Leave Insurance Division of the
Maryland Department of Labor, 1100 N. Eutaw Street, Baltimore, MD 21201, or
call 410-230-6071, or email to famli.policy@maryland.gov. Comments will be
accepted through November 18, 2024. A public hearing has not been scheduled.
.01 Definitions.
A. In this chapter, the
following terms have the meanings indicated.
B. Terms Defined.
(1) “Declaration of
intent (DOI)” means a legally binding, signed attestation from an employer
documenting the employer’s intent and commitment to provide an approved EPIP
with an effective date of July 1, 2026.
(2) “EPIP application”
means an application submitted to the Division for approval of an EPIP in which
the employer offers a private plan where the employer assumes all financial
risk associated with the benefits and administration of the EPIP, whether it is
administered by the employer or a third-party administrator.
(3) “Good cause” means
an extraordinary circumstance which a person of ordinary business prudence and
intelligence would consider reasonable cause for an extension.
(4) “Insurance
producer” has the meaning as defined in Insurance Article, §1-101(u), Annotated
Code of Maryland.
(5) “Seeding period”
means the time during which contributions will accrue before benefits are
available, July 1, 2025—June 30, 2026.
(6) “Utilization rate”
means the anticipated number of approved claims in the State plan divided by
the anticipated total number of workers in the State plan which shall be
announced by the Division each February for the following fiscal year based on
the actuarial cost analysis performed in accordance with Labor and Employment
Article, §8.3-601, Annotated Code of Maryland.
.02 General.
An employer shall
participate in the State plan until the Division-approved effective date of an
EPIP.
.03 EPIP Requirements.
A. An EPIP shall cover
all individuals employed by the employer who perform qualified employment.
B. Benefits
shall be paid to any employee who would be eligible for benefits under the
State plan, had the employer chosen coverage under the State plan.
C. All forms required
to be completed by an employee or healthcare provider under an EPIP shall be
forms prescribed by the Division in COMAR 09.42.01.03.
D. An EPIP shall allow
FAMLI benefits and leave to be taken for all purposes specified in the State
plan.
E. An EPIP shall allow
a covered employee to take family leave or medical leave or qualified exigency
leave in an application year for periods of time equal to or longer than the
duration of leave provided under the State plan.
F. An EPIP benefit
calculation shall result in a weekly benefit that is equal to or greater than
what the benefit would be if the employee received benefits from the State
plan.
G. If an employee has
less than the requisite hours needed to make a benefit determination with their
current employer, the current employer shall confirm the employee’s previously
reported hours and benefit amount with the Division and shall account for the
information from the Division to make the benefit determination.
H. An EPIP shall allow
leave to be taken in the same, or less restrictive, increments or
nonconsecutive periods as provided under the State plan.
I. An EPIP may not
impose additional conditions, restrictions, or barriers on the use of leave
beyond those explicitly authorized by the State plan and shall meet or exceed
the rights, protections, and benefits provided under the State plan.
J. The amount at which
employee contributions are made to an EPIP cannot exceed the amount the same
employee would contribute under the State plan.
K. An approved EPIP may
not begin contribution collection until the policy effective date.
L. Employee
contributions received or retained under an EPIP are not considered part of an
employer’s assets for any purpose other than paying benefits or premiums under
this subtitle.
M. An EPIP shall
establish claims processing procedures under COMAR 09.42.04.
N. An EPIP shall
establish reconsideration and appeal procedures under COMAR 09.42.05.
O. An employer
participating in an EPIP shall be subject to the notice requirements in Labor
and Employment Article, §8.3-801, Annotated Code of Maryland.
P. An employer
participating in an EPIP shall use the written notices prescribed by the
Division under COMAR 09.42.01.03.
Q. All EPIP documents
and communications shall be subject to the same accessibility, language access,
and translation requirements as the Division.
R. An employer shall
ensure compliance with relevant federal and state laws regarding
confidentiality of records.
S. The Division, as a
result of an appeal by a covered employee, may pay benefits from the State plan
to a covered employee whom an EPIP was obligated to pay, if the Division
determines both of the following:
(1) Some benefits went
unpaid; and
(2) It is unlikely that
the covered employee will otherwise be paid the benefits.
T. An employer and/or
EPIP administrator shall reimburse the State plan for the amounts and the
Division may pursue all legal means to collect the amounts from the employer
and/or EPIP administrator if the Division pays benefits from the State plan to
a covered employee whom the EPIP was obligated to pay.
.04 Job Protection and
Retaliation.
Participation in an
EPIP does not negate employer obligations with respect to job protection and
retaliation under Labor and Employment Article, §§8.3-706, 801(b)(2)(v), and
904, Annotated Code of Maryland.
.05 Employer
Application Process.
A. To obtain approval
of an EPIP, an employer shall first submit a completed EPIP application to the
Division.
B. The Division shall
mandate the EPIP application form.
C. An EPIP application
may be submitted at any time.
D. EPIP Application
Review Process.
(1) The Division will
review complete EPIP applications as they are received.
(2) Employers will be
notified of deficiencies in EPIP applications.
(3) Deficiencies must
be cured within 90 days of the date of the notification.
(4) If deficiencies are
not cured within 90 days, the EPIP application will be denied.
E. EPIP Application
Fees.
(1) For a commercially
insured EPIP the application fees shall be as follows:
(a) $100 for an
employer with 1—14 employees performing qualified employment at the time the
EPIP application is submitted.
(b) $250 for an
employer with 15—49 employees performing qualified employment at the time the
EPIP application is submitted.
(c) $500 for an
employer with 50—199 employees performing qualified employment at the time the
EPIP application is submitted.
(d) $600 for an
employer with 200—499 employees performing qualified employment at the time the
EPIP application is submitted.
(e) $750 for an
employer with 500—999 employees performing qualified employment at the time the
EPIP application is submitted.
(f) $1,000 for an
employer with 1000 or more employees performing qualified employment at the
time the EPIP application is submitted.
(2) For a self-insured
EPIP the application fee is $1,000.
F. An approved EPIP
application becomes effective, and the employer is released from its contributions obligation on the first day of the calendar
quarter following the date of approval by the Division of its EPIP
application.
G. An employer’s EPIP approval
and release from contributions obligation expires 1 year after the effective
date in §F of this regulation, and if a complete application has been timely
filed and approval is pending after expiration, the Division may extend the
previous approval.
H. EPIPs shall make benefits
available to all covered employees.
I. An employer shall
submit an EPIP application annually at least 90 days before the employer’s
current EPIP approval expires.
J. Special Requirements
for a Self-Insured EPIP.
(1) Any employer with
50 or more employees may apply for a self-insured EPIP.
(2) Proof of
Solvency.
(a) An employer
desiring to establish a self-insured EPIP shall provide proof of assured funds
as demonstrated by obtaining a surety bond issued by a surety company certified
by the United States Treasury Department Bureau of the Fiscal Service and authorized
to do business in the State.
(b) The surety bond
shall be conditioned that the employer shall:
(i) Comply with all
State laws and regulations governing the EPIP; and
(ii) Fulfill all
obligations to pay employee claims.
(c) A surety bond shall
be issued in amount equal to 1 year of expected future benefits
as determined by the product of the number of employees rounded up to
the nearest 50 multiplied by 12 weeks multiplied by the utilization rate
multiplied by the maximum weekly benefit amount.
(d) A surety bond shall
be issued on a form prescribed by the Division.
(e) A surety bond shall
include a statement that the bonding company shall give 90 days notice in
writing of its intent to terminate coverage to both the principal and the
Division, except that if the bonding company is terminating liability because
it is issuing a replacement bond, it may do so without providing prior notice.
(f) If a replacement
bond is issued, the surety company and the employer shall notify the Division
no later than 14 days after its effective date.
(g) A surety bond shall
continue for 3 years after the later of the date on which:
(i) The bond is
canceled; or
(ii) The EPIP is
terminated.
(h) The liability of
the surety:
(i) Shall be
continuous;
(ii) May not be
aggregated or cumulative, whether the bond is renewed, continued, replaced, or
modified;
(iii) May not be
determined by adding together the penal sum of the bond, or any part of the
penal sum of the bond, in existence at any two or more points in time;
(iv) Shall
be considered to be one continuous obligation, regardless of increases or
decreases in the penal sum of the bond;
(v) May not be affected
by the insolvency or bankruptcy of the employer, any misrepresentation, breach
of warranty, failure to pay a premium, any other act or omission of the
employer, or the termination of the employer’s EPIP; and
(vi) May not require an
administrative enforcement action by the Division as a prerequisite to
liability.
(i) The Division may
review the bond annually to ensure that the amount corresponds with the benefit
projections and the employer:
(i) Shall provide the
Division with any documentation necessary to review the bond amount;
(ii) Shall increase the
bond amount if the Division determines an increase is necessary; and
(iii) May decrease the
bond amount if the Division determines that the bond amount exceeds the
projected benefits.
(j) A claim against the
bond may be filed with the surety by the Division:
(i) Under COMAR
09.42.03.03(T);
(ii) To cover any
outstanding contributions due to the Division; or
(iii) For fees and
penalties owed to the Division.
(3) Separate
Account.
(a) If an employer who
is approved to self-insure to provide FAMLI benefits collects contributions
from employees, the employer shall establish and maintain a separate account:
(i) Into which all
employee contributions are deposited and kept; and
(ii) From which only
benefits shall be paid.
(b) Funds collected
from employee contributions shall be:
(i) Held separately
from all other employer funds; and
(ii) Separately
accounted for.
(c) Account records
shall be made available for audits by the Division.
(d) The separate fund
does not represent the extent of liability of the employer.
(4) Any employer may
apply to the Division for a waiver of the surety bond requirement based on its
capitalization and existing bondedness under Labor and Employment Article,
§8.3-705(b)(2), Annotated Code of Maryland.
.06 Oversight of EPIPs
by the Division.
A. The Division may, at
any time at its sole discretion, initiate a review of an EPIP to determine
whether the EPIP is compliant with Labor and Employment Article, §§8.3-101, et
seq., Annotated Code of Maryland or this subtitle.
B. On initiation of a
review by the Division, within 30 days of a request from the Division, the EPIP
administrator and the employer shall provide all information and documentation
requested.
C. The Division may
extend the 30 day deadline under §B of this regulation once upon request from
the EPIP administrator and/or the employer.
D. The Division shall
ensure compliance with relevant federal and State laws regarding
confidentiality of records.
E. Failure by an
employer to cooperate with a Division review of an EPIP may result in the
Division’s termination of the employer’s EPIP approval.
.07 Record Keeping
Requirements.
A. An EPIP
administrator or employer shall collect and maintain documentation of all of
the following for a minimum of 5 years:
(1) Applications for
benefits;
(2) Benefits paid,
including payment dates and amounts;
(3) Adverse
determinations of benefits applications;
(4) Internal
reconsideration requests received;
(5) The outcome of
internal reconsiderations;
(6) Documents,
including wage data or other evidence, containing the information on which
benefits determinations and reconsiderations were based; and
(7) Contributions
received from employees.
B. Within 30 days of
the Division’s written request, an EPIP administrator or an employer with an
approved EPIP shall provide any documentation either is obligated to maintain.
C. If the
employer or EPIP administrator requests an extension and provides good
cause for the extension, the Division may extend the 30-day deadline.
D. If the employer or
EPIP administrator does not provide the requested documentation by the
deadline, the Division may terminate its approval of the EPIP.
.08 Additional
Reporting Requirements for Employers who Have Selected an EPIP.
A. While an employer
may authorize EPIP administrators to report on their behalf, the employer shall
be responsible for the accuracy of the data and subject to any adverse actions
related to inaccurate, late, or incomplete reporting.
B. All reported data
shall represent totals for each approved EPIP.
C. Quarterly claims
level and employer level data reports to the Division shall be submitted on or
before the last day of the month immediately following the close of the
previous quarter via an electronic template provided by the Division.
D. Failure to submit
timely and complete reports shall result in the involuntary termination of the
EPIP by the Division.
E. An employer with an
approved EPIP shall report wage and hour data quarterly in the same manner as
an employer in the State plan.
F. The Division may
extend the deadline under §C of this regulation once upon request from the
employer.
.09 EPIP Termination
Rules.
A. Voluntary. Provided
an employer has joined the State plan or has an approved application for a
different EPIP:
(1) The employer may
voluntarily terminate enrollment in an EPIP provided the employer has been
enrolled in the EPIP for at least 1 year.
(2) The employer shall
provide the requisite notice to the Division of the voluntary termination no
later than 30 days before the termination’s effective date.
(3) The employer shall
provide the requisite notice to employees prescribed by COMAR 09.42.01.03 of
the voluntary termination no later than 30 days before the termination’s
effective date.
(4) The employer shall
continue the approved EPIP’s coverage through the termination’s effective
date.
(5) The voluntary
termination shall become effective on the first date of the calendar quarter
following the expiration of the 30 day period.
B. Involuntary. An
employer’s EPIP enrollment may be terminated by the Division when the Division
determines that terms or conditions of the plan have been repeatedly or
egregiously violated in a manner that necessitates termination.
(1) Causes for plan
termination may include:
(a) Failure to pay
benefits in the amount and duration required by Labor and Employment Article,
§§8.3-101, et seq., Annotated Code of Maryland and this subtitle;
(b) Failure to make
timely benefit determinations or reconsiderations;
(c) Failure to pay
benefits in the amount and duration required by the EPIP, where the EPIP
provides benefits in a greater amount or duration than is required by Labor and
Employment Article, §§8.3-101, et seq., Annotated Code of Maryland and this subtitle;
(d) Failure to pay
benefits within the timeframes and in the manner specified by Labor and
Employment Article, §§8.3-101, et seq., Annotated Code of Maryland and this subtitle;
(e) Failure to maintain
an adequate surety bond in accordance with this subtitle;
(f) Misuse of EPIP
money, including the use of EPIP funds for anything other than paying out
benefits, or transferring EPIP funds from an account established under Labor
and Employment Article, §§8.3-101, et seq., Annotated Code of Maryland to any
account not exclusively for holding EPIP funds;
(g) Failure to submit
reports or comply with other compliance requirements as required by Labor and
Employment Article, §§8.3-101, et seq., Annotated Code of Maryland or this subtitle;
(h) Failure to
otherwise comply with Labor and Employment Article, §§8.3-101, et seq.,
Annotated Code of Maryland or this subtitle;
(i) Failure to notify
the Division that their plan has been cancelled by their carrier; or
(j) Failure to notify
the Division that the product is no longer offered by their carrier.
(2) If the Division
withdraws approval of an employer’s EPIP, the Division shall issue to the
employer and the EPIP administrator a notice of involuntary termination of EPIP
approval with an effective date 14 days after the date of the notice.
(3) An employer may
request a review under COMAR 09.42.05 of the withdrawal of EPIP approval before
its effective date by filing with the Division.
(4) Involuntary
terminations shall result in the establishment of past-due mandatory
contribution debt in the amount that would have been owed to the State plan had
the employer been in the State plan for a period of 1 year prior to the date of
the notice of termination of EPIP approval.
(5) Involuntary
terminations may result in civil penalties against an employer, including but
not limited to execution on and collection of any bond amount.
(6) An employer shall
provide the requisite notice to employees prescribed by COMAR 09.42.01.03 of
the involuntary termination no later than 5 days after the termination’s
effective date.
C. Termination
Generally.
(1) Continuation of
Benefits.
(a) An EPIP shall pay
or continue to pay benefits under the terms of the EPIP to an employee who
filed a valid claim for benefits under the EPIP before the effective date of
termination until the total amount of the benefit claim is paid, the duration
of approved leave ends, or the application year ends, whichever occurs first.
(b) If the employer or
EPIP administrator does not pay the benefits, the employee may seek relief with
the Division under COMAR 09.42.05.
(2) Within 60 days
after the effective date of the termination of an EPIP, the employer shall send
to the Division all reporting requirement information on benefit claims paid
and amounts of contributions collected or owing from the date of the last report
provided to the Division under the EPIP reporting requirements to the date of
termination.
(3) Outstanding
Contributions.
(a) On receipt of the
report specified in §C(2) of this regulation, the Division will provide an
invoice of the contribution amounts due, if any.
(b) The contribution
amount due shall be calculated based on any contributions withheld from
employees’ wages that remain in the possession of the employer on the effective
date of the EPIP termination, minus an amount equal to the amount of any
benefits due to be paid as required under §C(1) of this regulation or any
premium due to a carrier for commercially insured EPIPs.
(c) Once all required
benefits are paid under §C(1) of this regulation, the employer shall send to
the Division the final report on any additional benefit claims paid or
administrative expenses incurred after the date of the last report provided
under §C(2) of this regulation within 5 business days.
(d) The Division will
provide an invoice of any additional contribution amounts due.
(4) Any employer whose
EPIP approval has been terminated, either voluntarily or involuntarily, shall
be immediately enrolled in the State plan, with contribution obligations going
back to the most recent quarter start date, unless and until the employer is
approved for a new EPIP.
D. To the extent that any of the regulations in this
section conflict with the Temporary Provisions applicable to EPIP termination
in Regulation .10 of this chapter, the provisions in Regulation .10 of this
chapter control.
.10 Temporary
Provisions.
A. Declaration of Intent to Obtain Approval of EPIP.
(1) On or after May 1,
2025 and until August 29, 2025, any employer who intends to enroll in an EPIP
may submit a DOI, signed by the employer, acknowledging, attesting, and
agreeing to certain requirements, including but not limited to:
(a) The employer
intends to provide an EPIP to all its employees that meets or exceeds all the
requirements of Labor and Employment Article, §§8.3-101, et seq., Annotated
Code of Maryland and this subtitle.
(b) The employer met
with an insurance producer or carrier about available commercially insured
EPIPs.
(c) A signature from
the insurance producer or carrier acknowledging the meeting in §A(1)(b) of this
regulation.
(d) Beginning on the
effective date of a DOI and continuing until the Division has approved the EPIP
application, the employer shall collect and hold all contributions from both
the employer and employees that would otherwise be due to the State plan in an
escrow account, provided that:
(i) The employer
collects employee contributions via payroll deduction or makes contributions on
behalf of the employee;
(ii) Employee
contributions are withheld during the pay period for which they are being
collected; and
(iii) Employee
contributions are not retroactively collected.
(e) If, after the
submission of a DOI, an EPIP is approved, the employer shall return employee
contributions held in escrow to the employees from whom they were withheld, or
if the EPIP approved is a self-insured EPIP the contributions held in escrow
may be used to seed the separately accounted self-insured EPIP fund.
(f) If a former
employee cannot be located, the employee’s contributions shall be remitted to
the State plan.
(g) The employer shall
submit an EPIP application no later than April 1, 2026
if the EPIP is a self-insured EPIP and June 1, 2026 if the EPIP is a
commercially-insured EPIP.
(h) If, after the
submission of a DOI, the employer is not approved for an EPIP before June 30,
2026, the employer is liable for remitting to the State plan an amount equal to
the sum of all unpaid employer and employee contribution payments due for the periods
contributions were not made plus any interest and penalties for late payment.
(i) If necessary, the
funds held in escrow under §A(1)(d) of this regulation shall be used to remit
payment under §A(1)(h) of this regulation.
(2) The Division shall
approve or deny a DOI within 15 business days of submittal.
(3) An approved DOI
becomes effective on the first day of the calendar quarter following
the date of approval by the Division.
(4) The Division may
terminate a DOI for:
(a) Misuse of employee
contributions by the employer;
(b) Failure to hold
funds in escrow as required;
(c) Failure to adhere
to applicable FAMLI program requirements;
(d) Excessive
withholding of contributions from the pay of employees beyond the amount that
would have been withheld under the State plan;
(e) Failure to respond
timely to a reasonable request from the Division for information about the EPIP
or DOI;
(f) Failure to submit
quarterly wage and hour reports;
(g) Failure to submit
an EPIP application; or
(h) Denial by the
Division of an EPIP application.
(5) All DOIs expire
June 30, 2026.
B. DOI and Contributions.
(1) Any employer whose
DOI is submitted on or before May 30, 2025 and approved on or before June 20,
2025, shall be exempt from contributions accrued to the Division for the
seeding period.
(2) Any employer whose
DOI is submitted between May 31, 2025 and August 29, 2025 and approved on or
before September 22, 2025, shall be exempt from contributions accrued to the
Division beginning October 1, 2025, through the end of the seeding period.
C. Initial EPIP Enrollment.
(1) Initial
self-insured EPIP applications shall be submitted to the Division from January
1, 2026—April 1, 2026, for an effective date of July 1, 2026 and shall use the
utilization rate announced by the Department.
(2) Initial
commercially-insured EPIP applications shall be submitted to the Division March
1, 2026—June 1, 2026, for an effective date of July 1, 2026.
(3) If an employer is
approved to be exempt from contributions to the State plan via a DOI and their
subsequent EPIP application is approved, the employer shall remain in an EPIP
for a minimum of 4 calendar quarters.
(4) Failure to complete
the initial EPIP enrollment as outlined in §C(1) or (2) of this regulation
shall result in the employer’s automatic enrollment in the State plan and
remittance to the Division an amount equal to the total contributions that
would have been paid to the State plan beginning October 1, 2025 minus any
contributions made to the State plan prior to approval of the EPIP plus any
interest and penalties for late payment.
(5) If an employer
whose DOI was approved enters into an EPIP and the EPIP is terminated before
June 30, 2027, either by the employer or the Division, the employer shall remit
to the Division the contributions and interest from which they were exempted as
a result of the DOI.
(6) If an employer
whose DOI was approved enters into an EPIP and the EPIP is terminated before
June 30, 2028, either by the employer or the Division, the employer is
responsible for half the contributions and interest from which they were
exempted as a result of the DOI.
PORTIA WU
Secretary of Labor
REGAN VAUGHAN
Director of Policy
Subtitle 42
FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM
09.42.04 Claims
Authority: Labor and Employment Article, §§8.3-101, 403, 701,
702, and 902, et seq., Annotated Code of Maryland
Notice of Proposed Action
[24-133-P]
The Family and Medical Leave Insurance Division of the Maryland
Department of Labor proposes to adopt new Regulations .01—.12 under a
new chapter, COMAR 09.42.04 Claims, under a new subtitle, Subtitle 42
Family and Medical Leave Insurance Program.
Statement of Purpose
The purpose of this action is to
detail the procedures applicable to the State plan and self and
commercially insured private plans for claim submittal, review, and
decision.
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 Regan Vaughan, Director of Policy, Family
and Medical Leave Insurance Division of the Maryland Department of Labor, 1100
N. Eutaw Street, Baltimore, MD 21201, or call 410-230-6071, or email to
famli.policy@maryland.gov. Comments will be accepted through November 18, 2024.
A public hearing has not been scheduled.
.01 General.
Unless expressly provided otherwise, all requirements in this
Chapter apply to EPIPs.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Alternative FAMLI purpose leave (AFPL)” means
employer-provided leave specifically designated as a separate bank of time off
for medical leave, family leave, qualified exigency leave, or under a
disability policy and that is not leave provided under an EPIP.
(2) “Claim application” means a claimant’s submission to the
Division or an EPIP for FAMLI leave and benefits.
(3) “Claimant’s average weekly wage” means the amount calculated
in Regulation .06 of this chapter.
(4) “Complete claim application” means an application submitted
by a claimant with all required supporting documentation, including the
response from an employer and any investigation, under Regulation .04 of this
chapter.
(5) “Fraud” means a misrepresentation or concealment of a
material fact made by a claimant which induces the State plan or an EPIP to
provide benefits when the claimant would have otherwise not qualified.
(6) “General purpose leave” means employer-provided paid leave, such as general paid time off,
personal leave, vacation leave, or sick leave, that is not AFPL or leave provided under an EPIP.
(7) “Good cause” means a demonstration by a claimant that a
failure to file a complete claim application was due to:
(a) A serious health condition that resulted in an unanticipated
and prolonged period of incapacity and that prevented an individual from filing
a claim in a timely manner;
(b) A demonstrated inability to reasonably access a means to
file a claim in a timely manner, such as due to a natural disaster, power
outage, or a significant and prolonged Department system outage; or
(c) A demonstrated failure of the employer to provide the
notification required under this subtitle
to the claimant.
(8) “Recipient” means a claimant whose application for FAMLI
leave and benefits has been approved and is receiving benefits.
(9) “State average weekly wage” means the wage calculated under
Labor and Employment Article, §9-603, Annotated Code of Maryland.
(10) “Weekly benefit amount” means the total weekly dollar
amount provided to a recipient by the State plan or EPIP.
.03 Qualifying Events.
A. Childcare or bonding is a qualifying event in the following
circumstances:
(1) To care for or bond with a child of the claimant during the
first 12 months after the child’s birth; or
(2) During the process through which a child is being placed
with the claimant through foster care, kinship care, or adoption and to care
for or bond with the child during the first 12 months after the placement.
B. Caring for a family member with a serious health condition is
a qualifying event.
C. The diagnosis, occurrence, or tending to of one’s own serious
health condition is a qualifying event.
D. Caring for a service member with a serious health condition
is a qualifying event if:
(1) The claimant is the service member’s next of kin; and
(2) The serious health condition resulted from, or was
exacerbated by, military service.
E. A qualifying exigency arising out of the deployment of a
service member who is a family member of the claimant is a qualifying event.
.04 Application Process.
A. Eligibility. A covered individual experiencing a qualifying
event is eligible to receive FAMLI benefits if they file a complete claim
application within 60 days of taking leave that would qualify as FAMLI leave.
(1) The 60 day filing deadline shall be waived for good cause,
up to 1 year from the leave commencing.
(2) On or after the date on which applications for benefits may
be submitted to the Division, applications may be accepted up to 60 days before
the first day of FAMLI leave requested.
(3) Except as provided in §A(4) of this Regulation, a covered
individual shall file their application with their employer’s plan.
B. Required Documentation.
(1) A claimant shall provide personal identifying information as
required by the Division.
(2) A claimant applying for military caregiving leave shall
provide documentation from the United Sates Department of Defense establishing
that the service member is a member or veteran of the Armed Forces, including a
member of the National Guard or Reserves;
(3) A claimant shall provide information regarding the employer
from which they intend to take FAMLI leave as required by the Division.
(4) A claimant seeking FAMLI leave for bonding or to care for
another shall provide any of the following as proof of relationship:
(a) An affidavit signed by the claimant attesting to qualifying
relationships as provided by the Division;
(b) Copies of official orders, certifications, or registrations
from a government entity; or
(c) Copies of documentation from licensed foster care and/or
adoption providers.
(5) Certification of Qualifying Event.
(a) Care or Bonding with a Child. An application for FAMLI leave
to care for or bond with a child of the claimant shall include:
(i) A certification of live birth;
(ii) Documentation of placement from a licensed child placement
agency or government agency responsible for child placement, and documentation
of any court appearances, appointments, or travel in anticipation of placement,
if applicable, including a court order or an affidavit of an informal kinship
care arrangement; or
(iii) Other reasonable documentation determined by the Division.
(b) Family Member’s Serious Health Condition. An application for
FAMLI leave to care for a family member with a serious health condition, shall
include a complete certification form, approved by the Division, from a
licensed health care provider, establishing:
(i) The first date on which the covered individual took or
intends to take FAMLI leave from employment and whether the FAMLI leave will or
is intended to be taken for a continuous period of time or intermittently;
(ii) Date of diagnosis;
(iii) The date on which the serious health condition of the
family member commenced;
(iv) The probable duration of the serious health condition;
(v) The appropriate facts related to the serious health
condition within the knowledge of the licensed health care provider;
(vi) A statement that the covered individual needs to care for a
family member and an estimate of the amount of time required to provide the
care; and
(vii) If intermittent FAMLI leave is requested, the expected
frequency and duration of the intermittent FAMLI leave.
(c) Own Serious Health Condition. An application for FAMLI leave
for one’s own serious health condition, shall include a complete certification
form, approved by the Division, from a licensed health care provider,
establishing:
(i) The first date on which the covered individual took or
intends to take FAMLI leave from employment and whether the FAMLI leave will or
is intended to be taken for a continuous period of time or intermittently;
(ii) The date on which the serious health condition of the
covered individual commenced;
(iii) Treatment dates;
(iv) Period of incapacity;
(v) The probable duration of the serious health condition;
(vi) The appropriate facts related to the serious health
condition within the knowledge of the licensed health care provider;
(vii) A statement that the covered individual is unable to
perform the functions of the covered individual’s position; and
(viii) If intermittent FAMLI leave is requested, the expected
frequency and duration of the intermittent FAMLI leave.
(d) Military Caregiving. An application for FAMLI leave to care
for a service member for whom the claimant is next of kin with a serious health
condition, shall include a complete certification form, approved by the
Division, from a licensed health care provider, establishing:
(i) That the serious health condition was caused, or exacerbated
by, military service;
(ii) The first date on which the covered individual took or
intends to take FAMLI leave from employment and whether the FAMLI leave will or
is intended to be taken for a continuous period of time or intermittently;
(iii) The date on which the serious health condition of the
service member commenced or was exacerbated;
(iv) The probable duration of the serious health condition;
(v) The appropriate facts related to the serious health
condition within the knowledge of the licensed health care provider; and
(vi) If intermittent FAMLI leave is requested, a statement that
the covered individual needs to care for a service member and the expected
frequency and duration of the intermittent FAMLI leave.
(e) Qualified Exigency. An application for FAMLI leave for a
qualifying exigency arising out of the deployment of a service member who is a
family member, shall include a copy of the family member’s active duty orders
or other documentation issued by the military that indicates that the service
member is on covered active duty or call to covered active duty status, and the
dates of the service member’s covered active duty service.
(6) Attestations. The Division may require claimants to attest
that information provided in their applications is true to the best of their
knowledge and that there are no disqualifying criteria.
(7) Employer Response to Claim Application.
(a) An employer shall have 5 business days to respond to notice
from the Division or an EPIP of an employee’s submitted claim application.
(b) At the conclusion of the 5 business day period in §B(7)(a)
of this regulation, if there is no employer response, the claim application is
considered a complete claim application.
(c) At the conclusion of the 5 business day period in §B(7)(a)
of this regulation, if the employer has challenged the claimant’s eligibility,
the Division or EPIP shall investigate which may include a request for a
response from the claimant.
(d) At the conclusion of the investigation in §B(7)(c) of this
regulation, the claim application is considered a complete claim application.
(e) If benefits are approved and issued and job and
anti-retaliation protections have thus attached and an employer provides a
response after the time period provided in §B(7)(a) of this regulation, the
response may still be considered and if the information negates the recipient’s
eligibility:
(i) The recipient is still entitled to the benefits received;
(ii) Continuation of benefits will cease; and
(iii) Job and anti-retaliation protections apply for the time
period from approval of benefits to revocation of benefits.
(f) If FAMLI leave has been retroactively approved and
additional information as described in §B(7)(e) of this regulation has been
provided then any benefits issued shall be considered an overpayment and job
and anti-retaliation protections may not apply.
C. Updating a Claim Application.
(1) This provision applies to the incomplete application
notification requirements in Labor and Employment Article, §8.3-703, Annotated
Code of Maryland.
(2) A claim shall be updated within 10
days, or as soon as practicable with good cause shown, of any changes to the
following information provided on an application:
(a) Basis for leave;
(b) Start date of leave;
(c) Duration of leave;
(d) End date of leave; or
(e) Whether the claimant has begun to receive Workers’
Compensation or Unemployment Insurance benefits.
(3) Failure to update a claim with any changes to the
information provided on an application for benefits may result in a delay,
underpayment, overpayment, or denial of benefits.
D. Cancelation of a Claim.
(1) If a claimant no longer requires FAMLI benefits, their
application may be withdrawn.
(2) If the FAMLI leave period has already commenced, the total
amount of FAMLI leave actually taken, not the total amount applied for, will be
assessed against the claimant’s FAMLI leave balance for the application year.
.05 Determination of Length of FAMLI Leave.
A. General.
(1) Except as outlined in §A(2) of this regulation, any claimant
may receive up to 12 weeks of FAMLI benefits and leave per employer per
application year.
(2) A claimant may receive an additional 12 weeks of FAMLI
benefits and leave if the claimant during the same application year:
(a) Received medical leave and becomes eligible for bonding
leave; or
(b) Received bonding leave and becomes eligible for medical
leave.
(3) For each claim, a claimant may be approved for the lesser
of:
(a) 12 weeks;
(b) The remaining FAMLI leave balance for the claimant for the
application year;
(c) The amount requested; or
(d) If applicable, the amount supported by any required
documentation.
B. Family Leave.
(1) Bonding Leave.
(a) Birth of a Child. Any claimant seeking leave for bonding
with a child may apply for up to 12 weeks of FAMLI leave within the first 12
months beginning on the date of the birth.
(b) Adoption, Foster Care, or Kinship Care.
(i) Any claimant seeking leave for bonding with a child placed
through adoption, fostering, or kinship care may apply for up to 12 weeks of
FAMLI leave within 12 months of the placement.
(ii) FAMLI leave may also be used in anticipation of placement
for court appearances, legal appointments, placement agency appointments,
counseling appointments, medical appointments, and travel, provided they are
substantiated by documentation required.
(2) Caring for a Family Member.
(a) A claimant seeking leave to care for a family member may
apply for up to 12 weeks of FAMLI leave provided documentation from a licensed
health care provider substantiating the time period
requested is submitted with the application.
(b) Death of Family Member. If the covered individual is on
approved FAMLI leave and the person they are caring for dies, the reason for
that leave has ended.
(i) Benefits shall continue to be paid to the covered individual
until 7 days after the death of the family member or the previously approved
end date for the leave, whichever date is soonest.
(ii) The covered individual shall provide notice of the date of
death of the family member for whom the covered individual was caring within 72
hours of the person’s passing.
(3) Military Caregiving. A claimant seeking leave to care for a
service member may apply for up to 12 weeks of FAMLI leave provided
documentation from a licensed health care provider substantiating the time
period requested is submitted with the application.
C. Medical Leave. A claimant seeking leave for their own serious
health condition may apply for up to 12 weeks of FAMLI leave provided
documentation from a licensed health care provider substantiating the time
period requested is submitted with the application.
D. Qualified Exigency Leave. A claimant seeking leave for a
qualifying exigency may apply for up to 12 weeks of FAMLI leave provided
documentation outlined in COMAR 09.42.04.04(B)(5)(e) substantiating the time
period requested is submitted with the application.
.06 FAMLI Benefit Calculation.
A. Claimant Average Weekly Wage.
(1) An employed claimant’s average weekly wage shall be
calculated by dividing the wages earned from the employer from whom the
claimant is taking FAMLI leave over the highest of the previous 4 completed
calendar quarters for which quarterly reports have been required prior to the
benefit start date by 13.
(2) If the Division does not have completed wage and hour
reports for at least 2 quarters for an employed claimant with the employer from
which they have requested leave, the Division will use the highest quarter of
the most recent 4 quarters the claimant worked for any employer to calculate
the employed claimant’s average weekly wage.
B. Continuous FAMLI Leave Benefit Calculation.
(1) If the claimant’s average weekly wage is 65 percent or less
of the State average weekly wage, benefits will be 90 percent of the claimant’s
average weekly wage; or, if the claimant’s average weekly wage is greater than
65 percent of the State average weekly wage, benefits will be the sum of:
(a) 90 percent of the claimant’s average weekly wage up to 65
percent of the State average weekly wage; and
(b) 50 percent of the claimant’s average weekly wage that is
greater than 65 percent of the State average weekly wage up to the maximum
weekly benefit amount.
(2) The benefit amount shall be calculated using the State
average weekly wage and maximum weekly benefit amount in effect at the time the
approved leave begins and that amount shall be set for the duration of the
claim.
C. Intermittent FAMLI Leave Benefit Calculation.
(1) For intermittent FAMLI leave an hourly benefit amount will
be calculated by dividing the weekly benefit amount by the average number of
hours worked per week during the highest of the previous 4 completed calendar
quarters for which quarterly reports have been required.
(2) The benefit amount to be disbursed will be calculated by
multiplying the hourly benefit amount by the number of hours of intermittent
FAMLI leave taken in a week.
(3) The benefit amount shall be calculated using the State
average weekly wage and maximum weekly benefit amount in effect at the time the
approved leave begins.
(4) On or before the first day of January the benefit amount of
every open and active claim for intermittent leave shall be readjusted based on
the new maximum weekly benefit amount.
.07 Intermittent FAMLI Leave Benefit Request Process.
A. Claimants approved for intermittent FAMLI leave shall submit
requests for benefits within 5 business days of leave being taken unless good
cause can be shown.
B. Intermittent FAMLI leave shall not be taken for less than 4
hours unless the claimant’s scheduled shift was fewer than 4 hours.
C. Benefits will not be issued for requests that significantly
exceed the expected duration and frequency listed on the medical certification
without an updated certification.
.08 Notice Requirements.
A. Employer to Employee.
(1) An employer shall give an employee notice about FAMLI leave
and benefits in the following circumstances:
(a) 6 months prior to the commencement of benefits, either
through an EPIP or with the State plan;
(b) At hire;
(c) Annually;
(d) 30 days before any changes to the employer’s FAMLI
procedures or plan go into effect; and
(e) When the employer knows that an employee’s leave or leave
request may be eligible for FAMLI.
(2) The Division will publish prescribed forms and templates for
employer use under COMAR 09.42.01.03.
(3) If the employer collects an electronic or physical
acknowledgement of receipt by the claimant (such as an electronic or wet
signature) of the notice, the claimant is considered notified.
B. Employee to Employer.
(1) FAMLI Leave.
(a) Foreseeable FAMLI Leave. If the need for FAMLI leave is
foreseeable, an employee shall provide 30 days notice to an employer.
(b) Unforeseeable FAMLI Leave. If an employee did not or could
not have known about the need for FAMLI leave 30 days before the FAMLI leave
commencement date, the employee shall be required to provide notice as soon as
practicable of the need for FAMLI leave to their employer.
(c) An employer may waive the notice requirement.
(d) An employer is deemed to have waived the notice requirement
under §B(1)(a) of this regulation if the employer:
(i) Did not invoke it when notified of the claim by the Division
or the EPIP; or
(ii) Failed to notify the claimant that the employer requires
notice under §B(1)(a) of this regulation.
(2) Intermittent FAMLI Leave.
(a) If FAMLI leave is to be taken on an intermittent schedule,
the employee shall:
(i) Make a reasonable effort to schedule the intermittent FAMLI
leave in a manner that does not cause significant difficulty or expense in
relation to the resources and specific operations of the employer’s operations;
and
(ii) Provide the employer with reasonable and practicable prior
notice of the reason, dates, and duration for which intermittent FAMLI leave is
necessary.
(b) Notice of Intermittent Leave Schedule.
(i) A recipient who is approved for intermittent FAMLI leave who
fails to provide reasonable and practicable prior notice to their employer of
the intermittent leave schedule may be subject to the employer’s established
absence policy.
(ii) An employer, whether enrolled in the State plan or an EPIP,
shall notify the Division when a recipient approved for intermittent FAMLI
leave fails to provide the notice detailed in §B(2)(a) of this regulation
before the employer takes action against the employee under the employer’s
established absence policy.
(iii) If a recipient’s utilization of intermittent FAMLI leave
is inconsistent with the FAMLI leave approval, it may not be considered
retaliation for an employer to request additional information related to the
use of FAMLI leave.
C. State Plan or EPIP to Claimant. Claimants shall be provided
notice in the following circumstances:
(1) When a claimant’s application is submitted.
(2) When an incomplete application is submitted, within 5
business days of application submission.
(3) When a notice is sent to the claimant’s employer
(confidentiality restrictions).
(4) When their employer’s response is submitted.
(5) Whether their application is approved, within 10 business
days of complete claim application submission including:
(a) Benefit amount;
(b) FAMLI benefits beginning date;
(c) FAMLI leave period beginning date;
(d) FAMLI benefits ending date;
(e) FAMLI leave period ending date;
(f) Duration and frequency of intermittent FAMLI leave (if
applied for); and
(g) The claimant’s appeal rights.
(6) Whether their application is denied (in full or in part)
within 10 business days of complete claim application submission and the notice
shall:
(a) State concisely and simply:
(i) The reasons for denial;
(ii) The claimant’s appeal rights;
(iii) The facts that are asserted; or
(iv) If the facts cannot be stated in detail when the notice is
given, the issues that are involved;
(b) State the pertinent statutory and regulatory sections under
which the action was taken;
(c) State that the party receiving the notice has the
opportunity to request a reconsideration, including:
(i) What, if anything, a person must do to receive a
reconsideration; and
(ii) All relevant time requirements; and
(d) State the direct consequences, if any, or remedy of the
party receiving the notice’s failure to exercise in a timely manner the
opportunity for a reconsideration.
D. State Plan or EPIP to Employer. An employer shall be provided
notice of any of the following circumstances occurring:
(1) An employee files an application;
(2) An employee files a complete claim application;
(3) A determination regarding a claim for benefits is made;
(4) A reconsideration or an appeal of a determination regarding
a claim for benefits is filed; or
(5) A change is made to a determination regarding a claim for
benefits.
.09 Coordination of Benefits.
A. FMLA. An employee’s annual maximum duration of FAMLI leave
may be reduced by the employee’s use of FMLA if:
(1) The employee’s FMLA leave was also eligible for FAMLI;
(2) The employer notified the employee of their potential
eligibility for FAMLI when the employee took FMLA; and
(3) The employee did not apply for FAMLI leave.
B. Employer-Provided Leave.
(1) Alternative FAMLI Purpose Leave (AFPL).
(a) An employer may require an employee to use AFPL concurrently
or in coordination with FAMLI provided the AFPL is:
(i) Specifically designed to fulfill a purpose of FAMLI;
(ii) Paid;
(iii) Not accrued;
(iv) Not subject to repayment if the employee leaves their
position;
(v) Not available for general purposes; and
(vi) Available without a requirement to exhaust another form of
leave.
(b) If an employer chooses to require an employee to use AFPL
concurrently or in coordination with FAMLI leave, the employer shall provide
advanced written notice to its employees of this requirement.
(c) When an employer requires concurrent or coordinated usage of
AFPL and FAMLI and has satisfied the written notice requirement, and the
employee declines to apply for FAMLI benefits, the employee’s FAMLI eligibility
is reduced by the amount of AFPL time taken.
(d) If a recipient receives wage replacement from both FAMLI and
AFPL concurrently, the FAMLI benefit is primary and the AFPL benefit may be
used to supplement the recipient’s wage to equal no more than 100 percent of
the recipient’s
average weekly wage.
(e) An employer may deduct the full amount of time taken under
both forms of leave from the recipient’s AFPL balance even if the recipient
only received partial wage replacement from the AFPL.
(f) An employee’s decision to use AFPL concurrently or in
coordination with FAMLI does not negate the job protection or retaliation
provisions of Labor and Employment Article, §§8.3-706 and 904, Annotated Code
of Maryland.
(2) General Purpose Leave.
(a) Neither the employee nor the employer may require the
substitution of general purpose leave for FAMLI leave.
(b) An employer and an employee may agree to have general
purpose leave wages supplement FAMLI benefits, up to 100 percent of the
employee’s average weekly wage.
(c) If general purpose leave is used to supplement FAMLI
benefits, the employer may:
(i) Convert the dollar amount of the supplement into the
corresponding number of employer-provided general purpose leave hours; and
(ii) Subtract those hours from the employee’s balance of accrued
and unused employer-provided general purpose leave.
(d) Documentation of use of general purpose leave.
(i) The use of employer-provided general purpose leave to
supplement FAMLI benefits requires mutual agreement in writing between the
employer and the employee.
(ii) If either the employer or the employee does not so mutually agree, employer-provided general
purpose leave may not be used to supplement FAMLI benefits.
(iii) Any agreement under §B(2)(d)(ii) of this regulation shall
be documented and retained by the employer.
(e) Mutual agreement between the employer and the employee is
not necessary in order for an employee to use paid sick leave prior to
receiving FAMLI leave benefits.
C. Workers’ Compensation and Unemployment Benefits.
(1) Under Labor and Employment Article, §8.3-702(e), Annotated
Code of Maryland, an individual receiving Unemployment Insurance benefits from
the State may not be eligible for FAMLI benefits.
(2) Except in the case of benefits for a permanent partial
disability, under Labor and Employment Article, §8.3-702(e), Annotated Code of
Maryland, an individual receiving Workers’ Compensation wage replacement
benefits may not be eligible for FAMLI benefits.
.10 Benefit Payment Process.
A. Payment Schedule.
(1) The first payment to a recipient shall be within 5 business
days after the complete claim application is approved or the FAMLI leave has
started, whichever is later.
(2) Subsequent benefit payments to recipients shall be made
every 2 weeks until the benefit period ends.
B. Overpayment.
(1) On learning of overpayment of benefits, written notice will
be sent to the recipient, including that:
(a) Repayment of the overpayment is being sought; or
(b) A waiver of the repayment is being offered.
(2) In cases of seeking repayment, the recipient shall have 30
days to reply to the notice as follows:
(a) The recipient agrees to repay; or
(b) The recipient requests a waiver under §B(4) of this
regulation.
(3) Repayment. Repayment of benefits may be sought from an
individual who received benefits under this subtitle if:
(a) Benefits were paid erroneously or as a result of willful misrepresentation
by the recipient; or
(b) A claim for benefits under this subtitle is rejected after the benefits
were paid.
(4) Waiver. Repayment of benefits may be waived if:
(a) The error in payment was not due to any knowingly false
statement, nondisclosure of material fact, or misrepresentation by a covered
individual; or
(b) The repayment would be against equity and good conscience or
administrative efficiency.
(5) Denial of waiver. If a recipient requests a waiver and the
request is denied, the recipient may file a request for reconsideration.
(6) If an EPIP seeks reimbursement of an overpayment of
benefits, the EPIP administrator shall notify the Division of its intent to
seek reimbursement simultaneously with its notice to the recipient.
(7) If a recipient’s employer has terminated enrollment in the
State plan and enrolled in an EPIP, any recipient who filed a valid claim for
benefits under the State plan before the effective date of the employer’s EPIP
enrollment shall be paid or continue to be paid benefits from and under the
terms of the State plan until the total amount of the benefit claim is paid,
the duration of leave ends, or the application year ends, whichever occurs
first.
.11 Finding of Fraud After Benefit Approval.
If benefits are approved and issued and job and anti-retaliation
protections have thus attached, and then fraud is proven:
A. Any benefits issued will be treated as an overpayment; and
B. Job and anti-retaliation protections will not apply.
.12 Special EPIP Provisions.
A. To the extent the claim procedures, including timelines and
good cause, outlined in this chapter are more restrictive with respect to
claimants than those claim procedures outlined by the Administration, the
Administration’s procedures shall control.
B. To the extent the claim
procedures, including notice requirements and good cause, outlined in this
chapter are less restrictive with respect to employers and carriers than those
claim procedures outlined by the Administration, the Administration’s procedures
shall control.
PORTIA WU
Secretary of Labor
REGAN VAUGHAN
Director of Policy
Title 13A
STATE BOARD OF EDUCATION
Subtitle 12 EDUCATOR
LICENSURE
Notice of Proposed Action
[24-114-P]
The State Board of Education proposes to:
(1) Adopt new Regulation .05, amend and recodify
existing Regulation .05 to be Regulation .06, and recodify
existing Regulation .06 to be Regulation .07 under COMAR
13A.12.01 General Provisions;
(2) Amend Regulations .06 and .07 under COMAR
13A.12.02 Teachers;
(3) Amend Regulation .05 under COMAR 13A.12.03
Professional and Technical Education and Specialized Areas for Fine Arts;
(4) Amend Regulations .02, .06, .07, .13,
and .15 under COMAR 13A.12.04 Specialists; and
(5) Amend Regulations .06—.08, .10, and .15
under COMAR 13A.12.05 Administrators and Supervisors.
This action was considered by the State Board of Education at its
meeting on June 25, 2024.
Statement of Purpose
The purpose of this action is to align requirements to new state
and federal laws, correct identified errors, and clarify language.
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 Kelly Meadows, Assistant State
Superintendent, Maryland State Department of Education, 200 West Baltimore
Street, Baltimore, MD 21201, or call 410-767-0467, or email to
kelly.meadows@maryland.gov. Comments will be accepted through November 18,
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 December 3, 2024 at 9 a.m.,
at 200 West Baltimore Street, Baltimore, MD 21201.
13A.12.01 General Provisions
Authority: Education Article, §§2-205, 2-303(g), and 6-127, and
6-701—6-708, 8-3A-03, and Family Law § 10-119.3, Annotated Code of Maryland,
Agency Note: Federal Statutory Reference- Servicemembers Civil Relief Act (50
U.S.C. § 4025a)
.05 Military
Reciprocity.
(1) A servicemember or spouse of a servicemember with a
professional educator license or certificate from another state may apply for a
comparable Maryland license if the servicemember or spouse:
(a) Has moved to reside in Maryland because of orders for
military service;
(b) Provides a copy of the military orders to the Department as
part of a licensure application;
(c) Has actively used the license or certificate during the 2
years immediately preceding the move; and
(d) Remains in good standing with the licensing authority that
issued the license or certificate and with every other licensing authority that
issued an educator license or certificate to the service member or spouse.
(2) A servicemember or spouse who meets the criteria in §(1) of
this regulation shall meet the renewal requirements for the Maryland license
issued.
[.05]
.06 Reinstatement of an Expired Professional License.
A. (text unchanged)
B. [Exemption. An educator holding an expired Maryland Initial
Professional, Professional, or Advanced Professional license who presents a
valid professional license issued by a member state, may reinstate the Maryland
license.
C.] Historic Professional Certificate or License.
(1)—(4) (text unchanged)
C. Exemptions.
(1) An educator holding
an expired Maryland Initial Professional, Professional, or Advanced
Professional License who presents a valid professional license issued by a
member state may reinstate the Maryland license.
(2) An educator holding
an expired Maryland Standard Professional I, Standard Professional II, or
Advanced Professional Certificate who presents a valid professional license
issued by a member state may reinstate the Maryland license.
13A.12.02 Teachers
Authority: Education
Article, §§2-205, 2-303(g), 6-701—6-708, 8-3A-03, and 8-701—8-708, Annotated
Code of Maryland
.06 Professional
Development Points.
A.—B. (text unchanged)
C. Additional Requirements
for Specific [Certification] Licensure Areas.
(1)—(3) (text unchanged)
D.—F. (text unchanged)
.07
Teaching Endorsements.
A. An individual who meets the qualification for initial licensure
under Regulation [.02B] .03 of this chapter may
add an additional teaching endorsement by submitting documentation
demonstrating that the applicant has obtained:
(1) (text unchanged)
(2) [24]Twenty-four content credits as follows:
(a) (text unchanged)
(b) For secondary, middle school, pre-kindergarten—12 education, 24
credits, at least 12 of which are in the area for which the new [certification]
licensure is sought and 12 of which are in
content-related areas; or
(c) (text unchanged)
B.—C. (text unchanged)
13A.12.03 Professional and
Technical Education and Specialized Areas for Fine Arts
Authority: Education
Article, §§2-205, 2-303(g), 6-701—6-708, 8-3A-03, and 8-701—8-708, Annotated
Code of Maryland
.05 Professional
Development Points—Professional and Technical Education/Specialized Areas for
Fine Arts.
A.—B. (text unchanged)
C. Additional Requirements
for Specific [Certification] Licensure Areas.
(1)—(3) (text unchanged)
D.—E. (text unchanged)
13A.12.04 Specialists
Authority: Education
Article, §§2-205, 2-303(g), 6-701—6-708, 8-3A-03, and 8-701—8-708, Annotated
Code of Maryland
.02 Licenses for
Specialists.
A. Types of Specialist
Licenses.
(1)—(3) (text unchanged)
(4) Advanced Professional.
(a) (text unchanged)
(b) An applicant who has
met the requirements of one of the pathways to licensure under this chapter is eligible
for an Advanced Professional License if the applicant meets the requirements
for the Professional License under [§A(2)] §A(3) of this regulation and submits documentation demonstrating that the
applicant has:
(i)—(iii) (text unchanged)
B. (text unchanged)
.06 Reading Specialist.
The requirements for [certification]
licensure as a reading specialist are that the
applicant shall:
A.—E. (text unchanged)
.07 Reading Teacher.
A. Requirements for
Licensure. The requirements for licensure as a reading teacher are that the
applicant shall:
(1) Meet the requirements for licensure in early childhood
education, elementary education, special education, or a secondary
education area;
(2)—(4) (text unchanged)
B. (text unchanged)
.13 Renewal and
Advancement of a Specialist License.
A.—C. (text unchanged)
[D. Renewal Requirements that May Not Be
Waived. School counselors shall present 1 semester hour of coursework from an institution
of higher education, one Department-approved continuing professional
development credit; or an equivalent number of continuing education units that
address the following:
(1) Depression;
(2) Trauma;
(3) Violence;
(4) Youth suicide;
(5) Substance Abuse; and
(6) The identification of
professional resources and best practices for distributing resources to parents
or guardians to help students in crisis.]
.15 Professional
Development Points.
A.—B. (text unchanged)
C. Additional Requirements
for Specific [Certification] Licensure Areas.
(1)—(3) (text unchanged)
D.—E. (text unchanged)
13A.12.05
Administrators and Supervisors
Authority: Education
Article, §§2-205, 2-303(g), 6-701—6-708, 8-3A-03, and 8-701—8-708, Annotated
Code of Maryland
.06 Library Media
Administrator.
A. (text unchanged)
B. Education and Experience. To be licensed as library media
administrator, the applicant shall:
(1)—(4) (text unchanged)
(5) Complete one of the
options listed under Regulation .05 of this chapter that would lead to [certification]
licensure as Administrator I.
C. (text unchanged)
.07 Supervisor of School
Counseling.
The requirements for [certification]
licensure as a supervisor of school counseling are
that the applicant shall:
A.—D. (text unchanged)
.08 Supervisor of School
Psychological Services.
The requirements for
licensure as a supervisor of school psychological services are that the
applicant shall:
A. Meet the requirements
for licensure as a school psychologist under COMAR [13A.12.03.07] 13A.12.04.09;
B.—E. (text unchanged)
.10 Supervisor of Special
Education.
A. Principal Public
Separate School. The requirements for [certification] licensure as a principal in a public separate school are that the applicant
shall:
(1)—(2) (text unchanged)
B.—C. (text unchanged)
.15 Professional
Development Points.
A.—B. (text unchanged)
C. Additional Requirements
for Specific [Certification] Licensure Areas.
(1)—(3) (text unchanged)
D.—E. (text unchanged)
CAREY M. WRIGHT, Ed.D.
State Superintendent of Schools
Subtitle 12 EDUCATOR
LICENSURE
13A.12.02 Teachers
Authority: Education Article, §§2-205, 2-303(g), 6-701—6-708,
8-3A-03 and 8-701—8-708, Annotated Code of Maryland
Notice of Proposed Action
[24-119-P]
The State Board of Education proposes to amend Regulation .03
under COMAR 13A.12.02 Teachers. This action was considered by the State
Board of Education at their June 25, 2024 meeting.
Statement of Purpose
The purpose of this action is to
align regulations with statute which was changed during the 2023 and
2024 legislative sessions.
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 Kelly Meadows, Assistant State
Superintendent of Schools, Maryland State Department of Education, 200 West
Baltimore Street, Baltimore, MD 21201, or call 410-767-0385, or email to
kelly.meadows@maryland.gov. Comments will be accepted through November 18,
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 December 3, 2024 at 9:00
a.m., at 200 West Baltimore Street, Baltimore, MD 21201..
.03 Pathways to Teacher Licensure.
A. In-State Pathways to Initial Teacher Licenses.
(1) Maryland Approved Program. Teacher candidates who complete a
Maryland approved educator preparation program as set forth in COMAR 13A.07.06
shall meet the following requirements:
(a)—(b) (text unchanged)
(c) Documentation of one of the following:
(i) Passing score as established by the State Superintendent of
Schools on a basic literacy skills assessment as approved by the State Board of
Education;
(ii) Minimum overall cumulative grade point average of 3.0 on a
4.0 scale on the most recently earned degree; or
(iii) Three years of effective evaluations from a local school
system in Maryland;
[(c)] (d)—[(d)] (e) (text
unchanged)
[(e)] (f) Beginning on July 1, 2025, [passing
scores as established by the State Superintendent of Schools on a
portfolio-based performance assessment approved by the State Board of
Education.] meet one of the following qualifications:
(i) Passing score as established by the State Superintendent of
Schools on a nationally recognized, portfolio-based performance assessment
approved by the State Board of Education; or
(ii) Completion of a comprehensive local
school system teacher induction program that meets the requirements listed
under §C(2) of this regulation.
(2) In-District Training Program. Teacher candidates who are hired
as a teacher of record in a Maryland local school [district] system
may complete a Department-approved in-district training program. Candidates
seeking licensure under the in-district pathway shall meet the following
requirements:
(a) (text unchanged)
(b) Demonstration of content knowledge by completing the following:
(i)—(ii) (text unchanged)
(iii) [Passing] Bachelor's
degree or higher in any field and passing scores as established by the
State Superintendent of Schools on a content licensure test approved by the
State Board of Education.
(c)—(f) (text unchanged)
(3) Experienced Nonpublic School Teacher. Experienced teacher
candidates working in Maryland nonpublic schools approved under COMAR 13A.09.09
shall meet the following requirements:
(a)—(b) (text unchanged)
(c) Beginning on July 1, 2025, [passing scores as
established by the State Superintendent of Schools on a portfolio-based
performance assessment approved by the State Board of Education; and] meet
one of the following qualifications:
(i) Passing score as established by the State Superintendent of
Schools on a nationally recognized, portfolio-based performance assessment
approved by the State Board of Education;
(ii) An effective, or comparable, rating on a year-end
evaluation if the individual is employed by a Maryland local school system,
State-operated school, or approved nonpublic school approved under COMAR
13A.09.10;
(iii) Complete a comprehensive induction
program under §C(2) of this regulation if the individual is employed by a
Maryland local school system; or
(iv) Hold a National Board Certificate from the National Board
for Professional Teaching Standards; and
(d) (text unchanged)
B. Out-of-State Pathways to Initial Teacher License.
(1) Out-of-State Teacher Preparation Program. Teacher candidates
who complete a teacher preparation program in another state or foreign country
shall meet the following requirements:
(a)—(b) (text unchanged)
(c) Beginning on July 1, 2025, [a passing score as
established by the State Superintendent of Schools on a portfolio-based
performance assessment approved by the State Board of Education; and] meet
one of the following qualifications:
(i) Passing score as established by the State Superintendent of
Schools on a nationally recognized, portfolio-based performance assessment
approved by the State Board of Education;
(ii) An effective, or comparable, rating on a year-end
evaluation if the individual is employed by a Maryland local school system,
State-operated school, or approved nonpublic school approved under COMAR
13A.09.10;
(iii) Complete a comprehensive induction program under §C(2) of
this regulation if the individual is employed by a Maryland local school
system; or
(iv) Hold a National Board Certificate from the National Board
for Professional Teaching Standards; and
(d) (text unchanged)
(2) Out-of-State License. Teacher candidates who hold a valid
professional license/certificate from another state or foreign country shall
meet the following requirements:
(a)—(b) (text unchanged)
(c) Beginning on July 1, 2025, [a passing score as
established by the State Superintendent of Schools on a portfolio-based
performance assessment approved by the State Board of Education; and] meet
one of the following qualifications:
(i) Passing score as
established by the State Superintendent of Schools on a portfolio-based
performance assessment approved by the State Board of Education;
(ii) An effective, or
comparable, rating on a year-end evaluation if the individual is employed by a
Maryland local school system, State-operated school, or approved nonpublic
school approved under COMAR 13A.09.10;
(iii) Complete a
comprehensive induction program under §C(2) of this regulation if the
individual is employed by a Maryland local school system; or
(iv) Hold a National
Board Certificate from the National Board for Professional Teaching Standards;
and
(d) (text unchanged)
(3) (text unchanged)
C. Special Provisions.
(1) The Department shall evaluate credits from institutions in
other countries for comparability of degree and coursework by an independent
agency authorized to analyze foreign credentials and designated by the
Department. The evaluation is final.
[(2) A National Board Certificate may be submitted instead
of a portfolio-based assessment.
(3) An effective, or comparable, rating on a year-end evaluation
may be submitted instead of a portfolio-based assessment if the candidate meets
the following criteria:
(a) Meets the requirements for initial licensure under § A(3) or
B(1)-(2) of this regulation; and
(b) Is employed by a Maryland local school system, State-operated
school, or approved nonpublic school approved under COMAR 13A.09.10.]
(2) Comprehensive
Induction Program. A comprehensive induction program shall:
(a) Be developed by a local school system, either independently
or collaboratively with other local school systems;
(b) Be approved by the Department;
(c) Last the lesser of 3 years or the amount of time a teacher
holds a conditional license; and
(d) Include a locally developed portfolio component that is
aligned with the Interstate Teacher Assessment and Support Consortium
Standards.
CAREY M. WRIGHT, Ed.D.
State Superintendent of Schools
Title 31
MARYLAND INSURANCE ADMINISTRATION
Subtitle 03 INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS
31.03.18 Public Adjusters
Authority: Insurance Article, §2-109,
Annotated Code of Maryland
Notice of Proposed Action
[24-134-P]
The
Acting Insurance Commissioner proposes to amend Regulation
.02 and adopt new Regulation .17 under COMAR 31.03.18 Public Adjusters.
Statement of Purpose
The
purpose of this action is to amend and add to COMAR 31.03.18 Public Adjusters to clarify requirements
established in 2024 Maryland Laws Ch. 826. The regulation defines
"business day" as it is used in the law, describes how the "the
date of a loss giving rise to an insurance claim" shall be determined, and
describes how a public adjuster shall notify the Insurance Commissioner that
they entered into a contract for public adjuster services during or within 72
hours after a loss giving rise to an insurance claim, as required by the law.
Estimate of Economic Impact
The
proposed action has no economic impact.
Economic Impact on Small Businesses
The
proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The
proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments
may be sent to Jessica Blackmon, Administrative Law Clerk, Maryland Insurance
Administration, 200 Saint Paul Place Suite 2700, Baltimore, MD 21202, or call 410-468-2019,
or email to insuranceregreview.mia@maryland.gov. Comments will be accepted
through November 18, 2024. A public hearing has not been scheduled.
.02 Definitions.
A.
(text unchanged)
B.
Terms Defined.
(1) “Administration” means the
Maryland Insurance Administration.
[(1)]
(2) – [(17)] (18) (text unchanged)
.17 Protections after Loss or
Damage to Property.
A. The term “business day”, as it
is used in Insurance Article, §§10–411(h) and 10-414(f), Annotated Code of
Maryland means any day other than a Saturday, Sunday, or State holiday.
B. In enforcing Insurance Article,
§10-414(f), Annotated Code of Maryland, the Commissioner shall determine the
date of a loss giving rise to an insurance claim as follows:
(1) If the insurance claim
resulted from a hurricane, then the date of loss giving rise to the insurance
claim is the date that the hurricane made landfall in the State of Maryland;
(2) If the insurance claim
resulted from a tornado, windstorm, severe rain, or other weather-related event
that is not a hurricane, then the date of loss giving rise to the insurance
claim is the date that the tornado, windstorm, severe rain, or other weather-related
event is verified to have occurred in Maryland by the National Oceanic and
Atmospheric Administration; or
(3) If the insurance claim is not
within the scope of §B(1) or (2) of this regulation, then the date of loss
giving rise to the insurance claim is the date that the loss was discovered.
C. To comply with
§10-414(f), a public adjuster who enters into a contract for public adjuster
services during or within 72 hours after a loss giving rise to an insurance
claim shall electronically submit the Public Adjuster Contract Submission Form
that is published to the Administration’s website, together with any
attachments required therein, within one business day after entering into the
contract.
JOY Y. HATCHETTE
Acting Insurance Commissioner
Subtitle 04 INSURERS
31.04.18 Form Filings Under the Maryland Insurance Acquisitions
Disclosure and Control Act
Authority: Insurance Article, §§1-101(jj), 2-109, 2-205,
2-209, and 5-901—5-917, Annotated Code of Maryland
Notice of Proposed Action
[24-135-P]
The Acting Insurance Commissioner proposes to amend Regulation .02
and adopt new Regulation .15 under COMAR 31.04.18 Form Filings Under
Maryland Insurance Acquisitions Disclosure and Control Act.
Statement of Purpose
The purpose of this action is to
clarify reporting requirements established by 2024 Maryland Laws Ch. 121
(H.B. 252). The regulation clarifies when the ultimate controlling person of an
insurance holding company system is required to submit an annual group capital
calculation, may be exempt from submitting an annual group capital calculation,
or may be permitted to submit a limited group capital filing in lieu of a group
capital calculation.
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 Jessica Blackmon, Administrative Law
Clerk, Maryland Insurance Administration, 200 Saint Paul Place, Suite 2700
Baltimore, MD 21202, or call 410-468-2019, or email to
insuranceregreview.mia@maryland.gov. Comments will be accepted through November
18, 2024. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(13) (text unchanged)
(14) “Lead state commissioner” means the lead
state insurance commissioner of the insurance holding company system as
determined by the procedures in the NAIC Financial Analysis Handbook.
[(14)] (15)—[(16)] (17) (text unchanged)
(18)
“Troubled insurer” means an insurer that
is in or moving towards a financial position that subjects its policyholders,
claimants and other creditors to greater-than-normal financial risk, including
the possibility that the company may not maintain compliance with statutory
capital and/or surplus requirements.
[(17)] (19) (text unchanged)
.15 Group Capital
Calculation.
A. Where an insurance holding
company system has previously filed the annual group capital calculation
required under Insurance Article, §7–603(i), Annotated Code of Maryland, the
lead state commissioner has the discretion to exempt the ultimate controlling
person from filing the annual group capital calculation if the lead state
commissioner makes a determination based upon that filing that the insurance
holding company system:
(1) Has annual direct written
and unaffiliated assumed premium (including international direct and assumed
premium, but excluding premiums reinsured with the Federal Crop Insurance
Corporation and Federal Flood Program) of less than $1,000,000,000;
(2) Does not include an
insurer that is domiciled outside of the United States or one of its
territories;
(3)
Does not include a banking, depository or other financial entity that is
subject to an identified regulatory capital framework;
(4) Attests that no material
changes in the transactions between insurers and non-insurers in the group have
occurred since the last filing of the annual group capital; and
(5) Does not include a
non-insurer that poses a material financial risk to the insurer’s ability to
honor policyholder obligations.
B. Where an insurance holding
company system has previously filed the annual group capital calculation
required under Insurance Article, §7–603(i), Annotated Code of Maryland, the
lead state commissioner may accept a limited group capital filing in lieu of
the group capital calculation if the insurance holding company system:
(1) Has annual direct written
and unaffiliated assumed premium (including international direct and assumed
premium, but excluding premiums reinsured with the Federal Crop Insurance
Corporation and Federal Flood Program) of less than $1,000,000,000;
(2) Does not include an
insurer that is domiciled outside of the United States or one of its
territories;
(3) Does not include a
banking, depository or other financial entity that is subject to an identified
regulatory capital framework;
(4) Attests that no material
changes in the transactions between insurers and non-insurers in the group have
occurred since the last filing of the annual group capital; and
(5) Does not include a
non-insurer that poses a material financial risk to the insurer’s ability to
honor policyholder obligations.
C. For an insurance holding
company that has previously met an exemption with respect to the group capital
calculation pursuant to §A or B of this regulation, the lead state commissioner
may require at any time the ultimate controlling person to file an annual group
capital calculation, completed in accordance with the group capital calculation
instructions adopted by the NAIC, if:
(1) Any insurer within the
insurance holding company system is in a risk-based capital action or control
level event as set forth in Insurance Article, §§4-305 through 4-308, Annotated
Code of Maryland, or a similar standard for a non-U.S. insurer;
(2) Any insurer within the
insurance holding company system meets one or more of the standards of an
insurer deemed to be in hazardous financial condition as defined in Insurance
Article, §9-102, Annotated Code of Maryland; or
(3) Any insurer within the
insurance holding company system otherwise exhibits qualities of a troubled
insurer, as determined by the lead state commissioner based on unique
circumstances including, but not limited to, the type and volume of business
written, ownership and organizational structure, federal agency requests, and
international supervisor requests.
D. A non-U.S. jurisdiction is
considered to “recognize and accept” the group capital calculation, as
described in Insurance Article, §7–603(i)(2)(v), Annotated Code of Maryland,
if:
(1) It satisfies either of
the following criteria:
(a) The non-U.S. jurisdiction
recognizes the U.S. state regulatory approach to group supervision and group
capital, by providing confirmation by a competent regulatory authority, in such
jurisdiction, that insurers and insurance groups whose lead state is accredited
by the NAIC under the NAIC Accreditation Program shall be subject only to
worldwide prudential insurance group supervision including worldwide group
governance, solvency and capital, and reporting, as applicable, by the lead
state and will not be subject to group supervision, including worldwide group
governance, solvency and capital, and reporting, at the level of the worldwide
parent undertaking of the insurance or reinsurance group by the non-U.S.
jurisdiction; or
(b) Where no U.S. insurance
groups operate in the non-U.S. jurisdiction, that non-U.S. jurisdiction
indicates formally in writing to the lead state with a copy to the
International Association of Insurance Supervisors that the group capital
calculation is an acceptable international capital standard; and
(2) The non-U.S. jurisdiction
provides confirmation by a competent regulatory authority in such jurisdiction
that information regarding insurers and their parent, subsidiary, or affiliated
entities, if applicable, shall be provided to the lead state commissioner in
accordance with a memorandum of understanding or similar document between the
commissioner and such jurisdiction, including but not limited to the
International Association of Insurance Supervisors Multilateral Memorandum of
Understanding or other multilateral memoranda of understanding coordinated by
the NAIC, provided that the Commissioner shall determine in consultation with
the NAIC committee process that the requirements of such memorandum are in
force.
E. A list will be published
through the NAIC committee process that:
(1) Identifies non-U.S. jurisdictions that are considered to
“recognize and accept” the group capital calculation, as described in Insurance
Article, §7–603(i)(2)(v), Annotated Code of Maryland to assist the lead state
commissioner in determining which insurers shall file an annual group capital
calculation;
(2) Clarifies those situations in which a jurisdiction is
exempted from filing under Insurance Article, §7–603(i)(2)(iv)-(v), Annotated
Code of Maryland; and
(3) To assist with a determination under Insurance Article,
§7–603(i)(3), Annotated Code of Maryland, identify whether a jurisdiction that
is exempted under Insurance Article, §7–603(i)(2)(iii)-(v) , Annotated Code of
Maryland requires a group capital filing for any U.S. based insurance group’s
operations in that non-U.S. jurisdiction.
F. For a non-U.S.
jurisdiction where no U.S. insurance groups operate, the confirmation provided
to meet the requirement of §D(1)(b) of this regulation will serve as support
for recommendation to be published as a jurisdiction that “recognizes and
accepts” the group capital calculation through the NAIC committee process.
G. If the lead state
commissioner makes a determination pursuant to Insurance Article,
§7–603(i)(2)(v), Annotated Code of Maryland that differs from the NAIC List,
the lead state commissioner shall provide thoroughly documented justification
to the NAIC and other states.
H.
Upon determination by the lead state commissioner that a non-U.S. jurisdiction
no longer meets one or more of the requirements to “recognize and accept” the
group capital calculation, as described in Insurance Article, §7–603(i)(2)(v),
Annotated Code of Maryland, the lead state commissioner may provide a
recommendation to the NAIC that the non-U.S. jurisdiction be removed from the
list of jurisdictions that “recognize and accepts” the group capital
calculation.
JOY Y. HATCHETTE
Acting Insurance Commissioner
Special DocumentsDEPARTMENT OF THE ENVIRONMENT
SUSQUEHANNA RIVER BASIN COMMISSION
Public Hearing
AGENCY:
Susquehanna River Basin Commission.
ACTION:
Notice.
SUMMARY: The
Susquehanna River Basin Commission will hold a public hearing on October 30,
2024. The Commission will hold this hearing in person and telephonically. At
this public hearing, the Commission will hear testimony on the projects listed
in the Supplementary Information section of this notice. The Commission will also hear any testimony
on the proposed 2025 fee schedule. Such
projects and actions are intended to be scheduled for Commission action at its
next business meeting, tentatively scheduled for December 12, 2024, which will
be noticed separately. The public should note that this public hearing will be
the only opportunity to offer oral comments to the Commission for the listed
projects and actions. The deadline for the submission of written comments is
November 11, 2024.
DATES: The
public hearing will convene on October 30, 2024, at 6:30 p.m. The public
hearing will end at 9:00 p.m. or at the conclusion of public testimony,
whichever is earlier. The deadline for submitting written comments is Tuesday,
November 12, 2024.
ADDRESSES:
This public hearing will be conducted in person and telephonically. You
may attend in person at Susquehanna River Basin Commission, 4423 N. Front St.,
Harrisburg, Pennsylvania, or join by telephone at Toll-Free Number
1-877-304-9269 and then enter the guest passcode 2619070 followed by #.
FOR FURTHER INFORMATION CONTACT: Jason Oyler, General Counsel and Secretary to
the Commission, telephone: (717)
238-0423 or joyler@srbc.gov.
The proposed 2025 Fee Schedule can be viewed on the
Commissions website, under public participation: https://www.srbc.gov/regulatory/public-participation/.
Information concerning the project applications is available
at the Commission’s Water Application and Approval Viewer at https://www.srbc.gov/waav.
Additional supporting documents are available to inspect and copy in accordance
with the Commission’s Access to Records Policy at www.srbc.gov/regulatory/policies-guidance/docs/access-to-records-policy-2009-02.pdf.
SUPPLEMENTARY INFORMATION: In addition to hearing any testimony on the
proposed 2025 Fee Schedule, the public hearing will cover the following
projects:
Projects Scheduled for Action:
1. Project Sponsor and
Facility: Chesapeake Appalachia, L.L.C.
(Susquehanna River), Sheshequin Township, Bradford County, Pa. Application for surface water withdrawal of
up to 4.000 mgd (peak day).
2. Project Sponsor and
Facility: Coterra Energy Inc.
(Tunkhannock Creek), Lenox Township, Susquehanna County, Pa. Application for renewal and modification of
surface water withdrawal of up to 2.880 mgd (peak day) (Docket No. 20191201).
3. Project Sponsor and
Facility: Coterra Energy Inc.
(Tunkhannock Creek), Nicholson Township, Wyoming County, Pa. Application for renewal and modification of
surface water withdrawal of up to 2.880 mgd (peak day) (Docket No.
20230903).
4. Project Sponsor and
Facility: Dover Township, York County,
Pa. Application for groundwater
withdrawal of up to 0.144 mgd (30-day average) from Well 11.
5. Project Sponsor and
Facility: East Cocalico Township
Authority, East Cocalico Township, Lancaster County, Pa. Application for renewal of groundwater
withdrawal of up to 0.115 mgd (30-day average) from Well 2A (Docket No.
19990901). Source and service area are
located in an Environmental Justice area.
6. Project Sponsor and
Facility: Edgewood by Sand Springs, LLC
(Nescopeck Creek), Butler Township, Luzerne County, Pa. Applications for renewal of surface water
withdrawal of up to 0.317 mgd (peak day) and consumptive use of up to 0.249 mgd
(30-day average) (Docket No. 19980102).
7. Project
Sponsor: The H&K Group. Project Facility: Penn/MD Materials, Fulton Township, Lancaster
County, Pa. Applications for consumptive
use of up to 0.024 mgd (peak day) and groundwater withdrawals (30-day averages)
of up to 1.980 mgd from the Pit Sump, 0.004 mgd from the Primary and Secondary
Well, and 0.011 mgd from the Tertiary Well.
8. Project
Sponsor: New Enterprise Stone & Lime
Co., Inc. Project Facility: Roaring Spring Quarry (Halter Creek 2),
Taylor Township, Blair County, Pa.
Applications for renewal and modification of consumptive use of up to
0.380 mgd (peak day) and surface water withdrawal of up to 0.288 mgd (peak day)
(Docket No. 19940705 and Certificate of Registration No. GF-202204215).
9. Project
Sponsor: New Enterprise Stone & Lime
Co., Inc. Project Facility: Shippensburg Quarry, Southampton Township,
Cumberland County, Pa. Applications for
groundwater withdrawals (30-day averages) of up to 0.065 mgd from the Transit
Well and 0.020 mgd from the Quarry Well, and consumptive use of up to 0.150 mgd
(peak day).
10. Project Sponsor
and Facility: Newport Borough Water
Authority, Oliver Township, Perry County, Pa.
Application for renewal and modification of groundwater withdrawal of up
to 0.096 mgd (30-day average) from Well 1 (Docket No. 20140908).
11. Project
Sponsor: Pennsylvania Fish & Boat
Commission. Project Facility: Benner Spring State Fish Hatchery, Benner
Township, Centre County, Pa.
Applications for groundwater withdrawals (30-day averages) of up to
0.720 mgd from Well 1 (renewal of Docket No. 19940701) and up to 0.311 mgd from
Well 3.
12. Project Sponsor
and Facility: Schuylkill County
Municipal Authority, Butler Township, Schuylkill County, Pa. Application for renewal of groundwater
withdrawal of up to 0.362 mgd (30-day average) from the Gordon Well (Docket No.
20090624). Service area is located in an
Environmental Justice area.
13. Project Sponsor
and Facility: Strasburg Lancaster County
Borough Authority, Strasburg Township, Lancaster County, Pa. Application for renewal of groundwater
withdrawal of up to 0.275 mgd (30-day average) from the Fisher Well (Docket No.
19890107). Service area is located in an
Environmental Justice area.
14. Project Sponsor
and Facility: SWN Production Company,
LLC (Susquehanna River), Great Bend Township, Susquehanna County, Pa. Application for renewal of surface water
withdrawal of up to 2.000 mgd (peak day) (Docket No. 20191209).
15. Project Sponsor
and Facility: Tallman Family Farms,
L.L.C. (Wiconisco Creek), Washington Township, Dauphin County, Pa. Application for surface water withdrawal of
up to 0.720 mgd (peak day).
16. Project
Sponsor: Valley CC LLC. Project Facility: Valley Country Club, Sugarloaf Township,
Luzerne County, Pa. Applications for
renewal of groundwater withdrawals (30-day averages) of up to 0.090 mgd from
the Shop Well and up to 0.090 mgd from the Pumphouse Well (Docket No.
20090632).
Opportunity to Appear and Comment:
Interested parties may appear or call into the hearing to
offer comments to the Commission on any business listed above required to be
the subject of a public hearing. Given the nature of the meeting, the
Commission strongly encourages those members of the public wishing to provide
oral comments to pre-register with the Commission by e-mailing Jason Oyler at joyler@srbc.gov before the hearing date. The
presiding officer reserves the right to limit oral statements in the interest
of time and to control the course of the hearing otherwise. Access to the
hearing via telephone will begin at 6:15 p.m. Guidelines for the public hearing
are posted on the Commission’s website, www.srbc.gov, before the hearing for review. The presiding
officer reserves the right to modify or supplement such guidelines at the
hearing. Written comments on any business listed above required to be the
subject of a public hearing may also be mailed to Mr. Jason Oyler, Secretary to
the Commission, Susquehanna River Basin Commission, 4423 North Front Street,
Harrisburg, Pa. 17110-1788, or submitted electronically through https://www.srbc.gov/meeting-comment/default.aspx?type=2&cat=7.
Comments mailed or electronically submitted must be received by the Commission
on or before Tuesday, November 12, 2024, to be considered.
Authority:
Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.
Dated:
September 25, 2024.
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-21-04]
SUSQUEHANNA RIVER BASIN COMMISSION
18 CFR Part 801
General Policies
AGENCY:
Susquehanna River Basin Commission.
ACTION: Final
Rule.
SUMMARY: This
document contains rules that amend the regulations of the Susquehanna River
Basin Commission (Commission) to provide rules for agency procurement and bid
protest procedures and for updating the general policies of the Commission to
include climate change and environmental justice, revising the procedures
regarding the adoption of the comprehensive plan and adding language to
memorialize the Commission’s Dry Cooling Resolution.
DATES: This
Rule is effective immediately upon publication in the Federal Register.
ADDRESSES:
Susquehanna River Basin Commission, 4423 N. Front Street, Harrisburg, PA
17110-1788.
FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, Esq., General Counsel,
telephone: 717-238-0423, ext. 1312;
fax: 717-238-2436; e-mail: joyler@srbc.gov.
SUPPLEMENTARY INFORMATION: Notice of proposed rulemaking was published
in the Federal Register on March 21, 2024; New York Register on April 10, 2024;
Pennsylvania Bulletin on April 13, 2024; and Maryland Register on April 5,
2024. The Commission convened a public hearing on May 2, 2024 to hear testimony
on the proposed rulemaking. A written
comment period was held open to May 13 and extended upon request to June 10,
2024.
During this
official public comment period, only one comment was received. The comments focused exclusively on the
language added to new paragraph § 801.12(d) regarding dry cooling and electric
power generation. The commenter asked
that the nuclear power industry be wholly exempted from this requirement,
stating that the Commission’s regulatory review regulations at Part 806 fully
covered the use of water and impacts of water use by industry and that dry
cooling was not practicable for nuclear
power plants. The commenter also noted
that the Commission did not provide a definition of “significantly modified
power generation plants” in the rulemaking.
The Commission
will continue to require the power generation industry, including the nuclear
power industry, to evaluate water use and utilize readily available
technologies to reduce water use. The
Commission believes that smaller nuclear power plants may be able to use dry
cooling and hybrid dry cooling systems in the future. In light of the
comment, the Commission does amend the original
language proposed in paragraph (d) of § 801.12 to focus on the requirement that
project sponsors of power generation plants must evaluate their projected water
use and consider all available and feasible technologies, including but not
limited to dry cooling, that could lower overall consumptive use of water. This change broadens the focus not just on
dry cooling but also on other technologies that may be more feasible for the
nuclear power industry as well as the power generation industry as a
whole. The Commission also added clarity
on what a “significantly modified power plant” would be in the context of this
paragraph.
The Commission
received no other comments on any other aspects of the proposed rule or Part
801 and therefore made no additional changes to the language in this final
rule.
List of Subjects in 18 CFR Part 801
Administrative practice and procedure, Water resources.
Accordingly, for
the reasons set forth in the preamble, the Susquehanna River Basin Commission
amends 18 CFR part 801 as follows:
PART 801—GENERAL POLICIES
1. The authority citation for part 801 continues
to read as follows:
Authority: Secs. 3.1,
3.4, 3.5(1), 15.1 and 15.2, Pub. L. 91-575 (84 Stat. 1509 et seq.)
2. Amend § 801.2 by revising paragraph (b)(9) as
follows:
§ 801.2 Coordination, cooperation, and intergovernmental
relations.
* * * * *
(b) * * *
(9) Coordinate and
cooperate with the appropriate agencies of a member jurisdiction on
implementing actions to address resiliency in the face of changing climatic
conditions and to support the aims of environmental justice.
3. Revise § 801.5 to read as follows:
§ 801.5 Comprehensive plan.
(a) The Compact requires that the Commission formulate and
adopt a comprehensive plan for the immediate and long-range development and use
of the water resources of the basin.
(1) The plan will
include existing and proposed public and private programs, projects, and
facilities which are required, in the judgment of the Commission, to meet
present and future water resources needs of the basin. Consideration shall be
given to the effect of the plan, or any part of the plan, on the receiving
waters of the Chesapeake Bay. The Commission shall consult with interested
public bodies and public utilities and fully consider the findings and recommendations
of the signatory parties, their various subdivisions and interested groups.
Prior to adoption of the plan the
Commission shall conduct at least one public hearing in each signatory State.
(2) The plan will reflect consideration of
multiple objectives, including economic growth; sustainable regional
development and environmental resilience; coordinated study and consideration
of water quantity and water quality and the nexus with existing and proposed
land uses; and the promotion of cooperation and collaboration between all
levels of government and non-governmental entities.
(3) The Commission
will strive to complete a comprehensive update of the comprehensive plan every
20 years. If adjustments are needed during the life span of the plan to address
emergent priorities, goals, or objectives, the comprehensive plan will be
revised in accordance with requirements of the Compact.
(4) Projects
requiring Commission review and approval will be included in the comprehensive
plan after formal action is taken at Commission business meetings. Approved
projects will be incorporated into the comprehensive plan and accessible via
the Commission’s Water Application and Approval Viewer or successor viewer
applications.
(b) The comprehensive plan shall provide for the immediate
and long-range use, development, conservation, preservation, and management of
the water resources of the basin. The plan will be presented in a form and
order as determined by the Commission and shall include but not be limited to
the following:
(1) Statement of authority, purpose, objectives, and scope.
(2) Identification of priorities, goals and objectives of
the Commission.
(3) Inventory of the basin’s water resources and existing
developments, projects and facilities.
(4) Projection of immediate and long range water resources
needs of the basin.
(5) Outline of plan implementation measures.
(6) Procedures for updating and modifying the plan.
(7) Necessary
appendices.
4. Amend § 801.12 by adding paragraph (d) to
read as follows:
§ 801.12 Electric
power generation.
* * * * *
(d) Project sponsors
proposing new or significantly modified power generation plants in the basin
shall submit to the Commission for review an evaluation of their projected
water use and consider all available and feasible technologies, including dry
cooling, that could lower the consumptive use of water at the plant. For the purposes of this evaluation, a
significantly modified power plant is one that is changing its fuel source or
substantially increasing its consumptive use of water.
5. Add § 801.15 to
read as follows:
§ 801.15 Commission
Procurement Procedures; Protests.
(a) Procedures. The Commission shall maintain a policy
entitled “SRBC Procurement Procedures” that outlines the details and procedures
related to the purchasing and procurement of goods and services by the
Commission. Any revisions to this policy
shall be consistent with § 15.9 of the Compact and undertaken in accordance
with appropriate public notice and comment consistent with the requirements of
§ 808.1.
(b) Right to
Protest. A bidder or offeror, a
prospective bidder or offeror or a prospective contractor that is aggrieved in
connection with the solicitation or award of a contract, may protest to the
Commission in writing.
(c) Filing of
Protest. A protestant shall file the
protest on a form and in a manner prescribed by the Commission. A protest shall be filed within ten calendar
days after the aggrieved protestant knew or should have known of the facts
giving rise to the protest, except that in no event may a protest be filed
later than ten calendar days after the date the contract was awarded. The failure to file a timely protest shall be
deemed as a waiver of the right to protest by any bidder or offeror,
prospective bidder or offeror or a prospective contractor. Untimely filed protests shall be disregarded
by the Commission. The Executive
Director or his/her designee shall be the presiding officer to hear the bid
protest. The awardee of the contract, if
any, will be informed by the Commission of any bid protest that may affect the
contract and the awardee may intervene as a party in any protest filed.
(d) Contents of
Protest. A protest shall state all the
grounds upon which the protestant asserts the solicitation or award of the
contract was improper. The protestant
may submit with the protest any documents or information it deems relevant to
the protest.
(e) Response and
Reply. Within 15 calendar days of
receipt of a protest, the purchasing officer may submit to the presiding
officer and the protestant a response to the protest, including any documents
or information deemed relevant to the protest.
The protestant may file a reply to the response within ten calendar days
of the response.
(f) Evaluation of
Protest. The presiding officer shall
review the protest and any response or reply and may request and review such
additional documents or information as they deem relevant to render a decision
and may, at their sole discretion, conduct a hearing consistent with §
808.3. All parties will be provided with
a reasonable opportunity to review and address any additional documents or
information deemed relevant by the presiding officer to render a decision. Additional documents and information deemed
relevant by the presiding officer will be included in the record.
(g) Findings and
Report. Upon completing an evaluation of
the protest, the presiding officer shall prepare a report of their findings and
recommendations based on the record. The
report shall be served by electronic mail or certified mail upon each party to
the proceeding. Any party may file
objections to the report. Such
objections to the report shall be filed with the Commission and served on all
parties within 20 calendar days after service of the report. A brief shall be filed together with the objections. Any replies to the objections and briefs will
be filed and served on all parties within ten calendar days of service of the
objections. Prior to its decision on
such objections, the Commission may, in its sole discretion, grant a request
for oral argument.
(h) Action by the
Commission. The Commission will review
the findings and recommendations of the presiding officer and the objections
and render a determination. The
Commission’s determination will be in writing and will be served by electronic
or certified mail upon each party to the proceeding.
(i) Appeal. Any final action by the Commission may be
appealed to the appropriate United States District Court within 90 days as set
forth in § 3.10(6) and Federal reservation (o) of the Compact.
(j) Record of
Determination. The Commission’s record
of determination for review by the court shall consist of the solicitation; the
contract, if any; the administrative record of the protest before the presiding
officer; the report of the presiding officer, along with any objections and
replies filed; transcripts and exhibits, if any; and the final determination of
the Board of Commissioners.
(k) Stay of
Procurement During Pendency of Protest.
In the event a protest is filed timely under this section, the
purchasing officer shall not proceed further with the solicitation or with the
award of the contract unless and until the Executive Director makes a written
determination that the protest is clearly without merit, or that award of the
contract without delay is necessary to protect substantial interests of the
Commission, or until the Commission enters a final determination under
paragraph (h) of this section.
(l) Exclusive
Procedure. This section shall be the
exclusive procedure for protesting a solicitation or award of a contract by a
bidder or offeror, a prospective bidder or offeror or a prospective contractor
that is aggrieved in connection with the solicitation or award of a contract by
the Commission.
Dated: September 18, 2024
JASON E. OYLER
Secretary to the Commission
[24-21-05]
SUSQUEHANNA RIVER BASIN COMMISSION
Actions Taken at
the September 12, 2024 Meeting
AGENCY:
Susquehanna River Basin Commission
ACTION:
Notice.
SUMMARY: As
part of its regular business meeting held on September 12, 2024, in Baltimore,
Maryland, the Commission approved the applications of certain water resources
projects and took additional actions, as set forth in the Supplementary
Information below.
DATES:
September 12, 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) adopted a preliminary Fiscal Year 2026 budget; (2) unanimously adopted
the member jurisdiction allocation requests for Fiscal Year 2026;
(3) adopted a final rulemaking for establishing bid protest procedures,
memorializing the Commission’s Dry Cooling Resolution and other changes to Part
801; (4) approved four grant amendments; and (5) actions on 24 regulatory
program projects.
Project Applications Approved:
Project Sponsor and Facility: Amazon Data Services, Inc. Project Facility: PHL100 Data Center Campus, Salem Township,
Luzerne County, Pa. Application for
consumptive use of up to 0.060 mgd (30-day average).
Project Sponsor and Facility: Ashland Area Municipal Water Authority,
Butler Township, Schuylkill County, Pa.
Application for renewal of groundwater withdrawal of up to 0.115 mgd
(30-day average) from Well 5 (Docket No. 19931101). Service area is located in an Environmental
Justice area.
Project Sponsor:
Borough of Middletown. Project
Facility: Middletown Water System,
Borough of Middletown, Dauphin County, Pa.
Application for renewal of groundwater withdrawal of up to 1.070 mgd
(30-day average) from Well 6 (Docket No. 19970702). Service area is located in an Environmental
Justice area.
Project Sponsor and Facility: Caernarvon Township Authority, Caernarvon
Township, Berks County, Pa. Application
for renewal of groundwater withdrawal of up to 0.317 mgd (30-day average) from
Well 8 (Docket No. 19940902). Service
area is located in an Environmental Justice area.
Project Sponsor and Facility: Chesapeake Appalachia, L.L.C. (Loyalsock
Creek), Forksville Borough, Sullivan County, Pa. Application for renewal and modification of
surface water withdrawal of up to 1.500 mgd (peak day) (Docket No. 20190903).
Project Sponsor and Facility: Clear Water Technology, LLC (Middle Branch
Wyalusing Creek), Forest Lake Township, Susquehanna County, Pa. Application for surface water withdrawal of
up to 1.440 mgd (peak day).
Project Sponsor and Facility: Dillsburg Area Authority, Franklin Township,
York County, Pa. Application for renewal
of groundwater withdrawal of up to 0.199 mgd (30-day average) from Well 3
(Docket No. 20081207).
Project Sponsor:
Greater Hazleton Community-Area New Development Organization, Inc. Project Facility: CAN DO, Inc. – Corporate Center, Butler
Township, Luzerne County, Pa.
Application for renewal of groundwater withdrawal of up to 0.547 mgd
(30-day average) from Well 1 (Docket No. 20090309).
Project Sponsor and Facility: Jersey Shore Area Joint Water Authority, Pine
Creek Township, Clinton County, Pa.
Application for groundwater withdrawal of up to 0.452 mgd (30-day
average) from Pine Creek Well 1, which is an increase of the quantity
established in Certificate of Registration No. GF-202012137.
Project Sponsor and Facility: JKLM Energy, LLC (Mill Creek), Rutland
Township, Tioga County, Pa. Application
for surface water withdrawal of up to 0.600 mgd (peak day).
Project Sponsor and Facility: JKLM Energy, LLC (Tioga River), Lawrenceville
Borough, Tioga County, Pa. Application
for renewal with an increase of surface water withdrawal of up to 1.800 mgd
(peak day) (Docket No. 20230610).
Project Sponsor and Facility: Municipal Authority of the Borough of
Mansfield, Richmond Township, Tioga County, Pa.
Application for renewal of groundwater withdrawal of up to 0.173 mgd
(30-day average) from Well 1 (Docket No. 19940707).
Project Sponsor and Facility: Pennsylvania General Energy Company, L.L.C.
(Loyalsock Creek), Plunketts Creek Township, Lycoming County, Pa. Application for renewal of surface water
withdrawal of up to 2.000 mgd (peak day) (Docket No. 20231213).
Project Sponsor: The
Procter & Gamble Paper Products Company.
Project Facility: Mehoopany
Plant, Washington Township, Wyoming County, Pa.
Application for renewal of consumptive use of up to 2.750 mgd (peak day)
(Docket No. 19940704).
Project Sponsor and Facility: Repsol Oil & Gas USA, LLC (Lycoming
Creek), McIntyre Township, Lycoming County, Pa.
Application for renewal of surface water withdrawal of up to 2.000 mgd
(peak day) (Docket No. 20190910).
Project Sponsor and Facility: Seneca Resources Company, LLC (Marsh Creek),
Delmar Township, Tioga County, Pa.
Application for renewal of surface water withdrawal of up to 0.499 mgd
(peak day) (Docket No. 20190911).
Project Sponsor and Facility: Shrewsbury Borough, York County, Pa. Application for renewal of groundwater
withdrawal of up to 0.120 mgd (30-day average) from the Woodlyn Well (Docket
No. 19920501).
Project Sponsor and Facility: State College Borough Water Authority, Benner
Township, Centre County, Pa.
Applications for renewal of groundwater withdrawal (30-day averages) of
up to 1.584 mgd from Well 17, 0.576 mgd from Well 18, and 1.512 mgd from Well
19 (Docket No. 19930501).
Project Sponsor:
TableTrust Brands LLC. Project
Facility: Freebird East, Bethel Township,
Lebanon County, Pa. Application for
renewal of groundwater withdrawal of up to 0.199 mgd (30-day average) from Well
8 (Docket No. 19990701).
Project Sponsor: UGI
Development Company. Project
Facility: Hunlock Creek Energy Center
(Susquehanna River), Hunlock Township, Luzerne County, Pa. Applications for renewal of surface water
withdrawal of up to 55.050 mgd (peak day) and consumptive use of up to 2.396
mgd (peak day) (Docket No. 20090916).
Project Sponsor and Facility: Williamsburg Municipal Authority, Catharine
Township, Blair County, Pa. Application
for renewal of groundwater withdrawal of up to 0.180 mgd (30-day average) from
Well 3 (Docket No. 19940702).
Project Sponsor and Facility: XTO Energy Inc. (West Branch Susquehanna
River), Chapman Township, Clinton County, Pa.
Application for renewal of surface water withdrawal of up to 2.000 mgd
(peak day) (Docket No. 20190912).
Located in an Environmental Justice area.
Projects Tabled:
Project Sponsor: New
Enterprise Stone & Lime Co., Inc.
Project Facility: Roaring Spring
Quarry (Halter Creek 2), Taylor Township, Blair County, Pa. Applications for renewal of consumptive use
of up to 0.380 mgd (peak day) and surface water withdrawal of up to
0.288 mgd (peak day) (Docket No. 19940705 and Certificate of Registration
No. GF-202204215).
Project Sponsor and Facility: Strasburg Lancaster County Borough Authority,
Strasburg Township, Lancaster County, Pa.
Application for renewal of groundwater withdrawal of up to 0.275 mgd
(30-day average) from the Fisher Well (Docket No. 19890107). Service area is located in an Environmental
Justice area.
Authority: Public Law 91-575, 84 Stat. 1509 et seq.,
18 CFR parts 806, 807, and 808.
Dated: September 18, 2024
JASON E. OYLER
General Counsel and Secretary to the Commission
[24-21-06]
WATER AND SCIENCE
ADMINISTRATION
Water Quality
Certification 24-WQC-0021
Queen Anne's County Dept of Parks and Recreation
1945 4-H Park Rd,
Centreville, MD 21617
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-0021.
Location: North end of Market St in Crumpton, MD
21628 39°14'21.0"N 75°55'50.0"W
The purpose of the project is to expand the existing boat
ramp allowing greater access to the Chester River.
Description of Authorized Work:
Construct and backfill 47 linear feet of replacement vinyl
bulkhead within the footprint of the
existing deteriorated bulkhead with no channelward
encroachment;
Replace an existing boat ramp with a 48-foot long by 20-foot
wide concrete boat ramp;
Construct a 50-foot long by 6-foot wide floating timber
pier;
Extend existing boat ramp wing walls by 24 feet channelward;
Mechanically dredge a 38-foot long by 20-foot wide 1,340
square foot irregularly shaped area to a
depth of 1.45 feet at mean low water; and to deposit
approximately 105 cubic yards of dredged
material on an approved upland disposal site located R.B.
Baker and Sons located at 1945 4-H Park
Road Centerville, Maryland 21617; and to provide for
periodic maintenance dredging for six years.
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
Godbey at matt.godbey@maryland.gov
or 410-901-4033.
[24-21-13]
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 24-WQC-0025
Shady Oaks Marina
846 Shady Oaks Rd
West River, MD 20778
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-0025.
Location: 846 Shady Oaks Rd., West River, MD 20778
The purpose of the project is to stabilize an eroding
shoreline and improve navigable access:
Construct and backfill 523 linear feet of replacement
bulkhead within a maximum of 18 inches
channelward of a deteriorated bulkhead; and,
Reconfigure a marina by replacing-in-kind an
irregularly-shaped 1,925 square foot platform, a 146-foot long by 11-foot wide
pier with an L-shaped 101-foot long by 4-foot wide finger pier, a 26-foot long
by 3-foot wide finger pier, a 86-foot long by 76-foot wide by 17.7-foot high
boathouse, a 300-foot long by 62-foot wide by 25-foot high slip cover, and 71
mooring piles; and, convert an existing fixed pier system to floating by
replacing a 480-foot long by 6-foot wide main pier with a 5-foot wide by 126-foot
long “T-head” platform, nine 3-foot wide by 45-foot long finger piers, thirteen
3-foot wide by 35-foot long finger piers, one 3-foot wide by 55-foot long
finger pier, six 3-foot wide by 51-foot long finger piers, and installing a
15-foot long by 4-foot wide gangway for access, with all work to take place
within a maximum of 205 feet channelward of the mean high water line; and,
Construct a 26-linear foot low profile stone, sand
containment sill with a 3-foot vent; and fill and grade with 2 cubic yards of
sand along 29 feet of eroding shoreline and plant with 156 square feet of low
marsh vegetation extending a maximum of 12 feet channelward of the mean high
water line; and,
Mechanically maintenance dredge a 51,067 square foot area to
a depth of 5.5 feet at mean low water; and, mechanically dredge a 46,958 square
foot area to depth of 5.5 feet at mean low water; to deposit approximately
4,500 cubic yards of dredged material on an approved upland disposal site
located at 370 Deale Rd., Deale, MD 20751; and to provide for periodic
maintenance dredging for six years.
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.
[24-21-14]
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 24-WQC-0029
Bay Ridge Civic Association
℅ Lily Openshaw
80 East Lake Dr
Annapolis, MD 21403
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-0029.
Location: Herndon Ave NE to Upshur Ave, Annapolis,
(Anne Arundel), MD 21403
The purpose of the project is to nourish an existing beach
by:
Filling and grading a 220,858 square feet of beach with
48,000 cubic yards of sand fill with all work to take place within a maximum of
75 feet channelward of the mean high water line.
The WQC and its attachments may be viewed at the following
link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision: This Water Quality
Certification is a final agency decision. Any person aggrieved by the
Department’s decision to issue this WQC may appeal such decision in accordance
with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the
Department within 30 days of publication of the final decision and specify in
writing the reason why the final decision should be reconsidered. A request for
appeal shall be submitted to: Secretary of the Environment, Maryland Department
of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request
for an appeal does not stay the effectiveness of this WQC.
Contact: Mel
Throckmorton at mel.throckmorton@maryland.gov or 410-375-2803.
[24-21-15]
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 23-WQC-0040
Anne Arundel County Dept of Public Works
2662 Riva Road, 4th Fl
Annapolis, Maryland 21401
Melissa Harlinski
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-0040.
Location: 8311 John Downs Loop Pasadena, MD 21122
The purpose of the project is to provide shore erosion
control, beach nourishment, increase public access, provide mitigation, and
improve habitat and water quality.
(1) Construct a 87-foot long by
20-foot wide breakwater, a 160-long by 23-foot wide breakwater, a 160-foot long
by 29-foot wide breakwater, and a 112-foot long by 29-foot wide breakwater;
fill and grade with 2,328 cubic yards of sand along 480 feet of eroding
shoreline and plant approximately 3,003 square feet of high marsh vegetation
and 2,620 square feet of low marsh vegetation. (2) Fill and grade with 3,626
cubic yards of clean sand fill along 361 feet of shoreline to nourish 26,986
square feet of historical beach and 7,794 square feet of upland/vegetated dune
all within a maximum of 132 feet channelward of the mean high waterline; and
install associated marsh protection fencing. (3) Construct 25 square feet of a
cobble pilot channel and 178 square feet of a cobble pilot channel within a
maximum of 24 feet channelward of the mean high waterline. (4) Construct a
390-foot long by 14-foot wide revetment within a maximum of 14 feet channelward
of the mean high waterline. (6) Install 45 reef balls within 279 feet
channelward of the mean high waterline. (7) Emplace a hazard sign.
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:
Kathryn Burcham at kathryn.burcham@maryland.gov or 410-707-5254.
[24-21-16]
WATER AND SCIENCE ADMINISTRATION
Water Quality
Certification 24-WQC-0043
Maryland Department of Transportation
State Highway Administration
707 North Calvert Street
Baltimore, MD 21202
Add’l. Info:
Pursuant to COMAR 26.08.02.10F(1)(d), The Maryland Department of the Environment
is providing notice of a scheduled Public Hearing for Water Quality
Certification 24-WQC-0043.
Location: US 219 between Interstate 68 and the
Pennsylvania State Line in Garrett County
The Maryland Department of Transportation, State Highway
Administration has requested a Water Quality Certification to complete Corridor
N of the Appalachian Development Highway System through improvements to US 219
between the terminus of the four-lane highway section south of Meyersdale,
Pennsylvania and the north end of the newly constructed I-68/US 219
Interchange. This certification is only for the Maryland portion of the project
from I-68 to the Pennsylvania State Line.
The project proposes to permanently impact 19,701 square feet (0.45
acres) of emergent nontidal wetlands, 6,348 square feet (0.15 acres) of
forested nontidal wetlands, 74,901 square feet (1.72 acres) of the 25-foot
nontidal wetland buffer, 3,469 linear feet (37,456 square feet) of intermittent
tributaries to Meadow Run, and 1,433 linear feet (13,880 square feet) of a
perennial tributary to Meadow Run.
Mitigation will be required for all permanent nontidal wetland and
waterway impacts. The Applicant has proposed to satisfy mitigation through an
offsite permittee responsible mitigation site.
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. An in-person public informational hearing with a
virtual option has been scheduled for the referenced project on Thursday,
December 12, 2024. There will be an open house with plans displayed from 4:00
PM to 5:00 PM. The hearing itself will begin at 5:00 P.M. and end no later than
8:00 P.M. The in-person hearing will be
located at the Grantsville Volunteer Fire Department's Social Hall at 178
Springs Road, Grantsville, MD 21536. To participate virtually in the public
informational hearing, use the following phone number or Microsoft Teams link:
+1 443-709-8671, Conference ID: 124 652 641#, (https://bit.ly/US219-MD-Hearing-Dec12).
Written comments will be accepted until January 11, 2025.
Contact: Emily
Dolbin at emily.dolbin@maryland.gov or 410-537-3745.
[24-21-17]
General Notices
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.
MARYLAND DEPARTMENT OF HEALTH
Subject: Public Hearing
Date and Time: October 24, 2024, 1 — 3 p.m.
Place: Maryland
Department of Health
201 West Preston Street, Lobby Level – Room L1, Baltimore,
MD
Add'l. Info: GENERAL NOTICE – §1115
WAIVER AMENDMENT The Maryland Department of Health (the Department) is
proposing an amendment to its §1115 demonstration waiver known as HealthChoice,
which the Centers for Medicare and Medicaid Services has authorized through
December 31, 2026. The Department is submitting this §1115 demonstration waiver
amendment to update existing payment methodologies and request additional
participant spaces for the Assistance in Community Integration Services pilot
to support statewide expansion. Additionally, the Department seeks approval to
cover fertility preservation procedures for individuals with iatrogenic
infertility, including those who received gender-affirming services, as
required by House Bill 283–Maryland Medical Assistance Program -
Gender-Affirming Treatment (Trans Health Equity Act)–(Ch. 253 of the Acts of
2023). Finally, the Department is seeking authority to include the non-Modified
Adjusted Gross Income adult population to the proposed Express Lane Eligibility
waiver that would authorize Maryland to renew Medicaid coverage for members of
an eligible adult Supplemental Nutrition Assistance Program household up to age
65 that are already enrolled in Medicaid.
The State’s 30-day public
comment period will open on October 7, 2024 and run through November 6, 2024.
Electronic copies of the draft waiver amendment application will be available
on that date and may be downloaded from https://mmcp.health.maryland.gov/Pages/1115-HealthChoice-Waiver-Renewal.aspx. Hard copies of the
application may be obtained by calling 410-935-3938.
Interested parties may send
written comments concerning the waiver amendment to Alyssa Brown, Office of
Innovation, Research and Development Office of Health Care Financing, Maryland
Department of Health, 201 West Preston Street, Room 223, Baltimore, Maryland
21201 or via email to: mdh.healthchoicerenewal@maryland.gov. The Department
will accept comments from October 7, 2024 until November 6, 2024.
The following public
hearings will discuss the content of the waiver amendment and solicit feedback
and input from public stakeholders.Both hearings will be held on a hybrid
basis; information for both in-person and remote participation is below. The
first Public Hearing was held on Thursday, October 10, 2024.
Public Hearing #2 will be
held on Thursday, October 24, 2024; 1–3 p.m. Maryland Department of Health 201
West Preston Street, Lobby Level Room L1 Baltimore, MD 21201
October MMAC
MeetingGoToWebinar Virtual Platform To
participate in the public hearing remotely, please visit: https://attendee.gotowebinar.com/register/3613407961570427992 Please note that if you desire to make a
public comment, you will need to register via the link above. After
registering, you will receive a confirmation email containing audio and visual
information about joining the webinar.
Contact: Alyssa Brown 410-767-9795
[24-21-02]
MARYLAND
DEPARTMENT OF HEALTH
Subject: Public Meeting
Date and Time: November 7, 2024, 9 a.m. — 1 p.m.
Place: Virtual meeting — please
see details below.
Add'l. Info: Please be advised that the
November 7, 2024, Pharmacy and Therapeutics (P&T) Committee public meeting
will be conducted virtually via a Webinar.
As soon as available, classes of drugs to be reviewed, speaker
registration guidelines, and procedure to register to attend the virtual
meeting will be posted on the Maryland Pharmacy Program website at: https://health.maryland.gov/mmcp/pap/Pages/Public-Meeting-Announcement-and-Procedures-for-Public-Testimony.aspx.
Submit questions to: mdh.marylandpdlquestions@maryland.gov
Contact: Deborah Washington 410-767-1455
[24-21-01]
STATE BOARD OF INDIVIDUAL TAX PREPARERS
Subject: Public Meeting
Date and Time: November 18, 2024, 10 a.m. — 12 p.m.
Place: Via
Google Meet — please see details below.
https://meet.google.com/qga-mpea-wfp?authuser=0,
Contact: Christopher Dorsey 410-230-6318
[24-21-03]7
