Maryland Register
Issue Date: December 2, 2024 Volume 51 Issue 24 Pages 1075 1130
Governor Regulations Errata Special Documents General Notices
|
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before November 8, 2024 5 p.m.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 November 8, 2024. Gail S. Klakring Administrator, Division of State Documents Office of the Secretary of State |
Information About the Maryland
Register and COMAR
MARYLAND REGISTER
The Maryland Register is an official State publication published every
other week throughout the year. A cumulative index is published quarterly.
The Maryland Register is the temporary supplement to the Code of
Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment,
repeal, or emergency action, must first be published in the Register.
The following information is also published regularly in the Register:
• Governor’s Executive Orders
• Attorney General’s Opinions in full text
• Open Meetings Compliance Board Opinions in full text
• State Ethics Commission Opinions in full text
• Court Rules
• District Court Administrative Memoranda
• Courts of Appeal Hearing Calendars
• Agency Hearing and Meeting Notices
• Synopses of Bills Introduced and Enacted
by the General Assembly
• Other documents considered to be in the public interest
CITATION TO THE
MARYLAND REGISTER
The Maryland Register is cited by volume, issue, page number, and date.
Example:
• 19:8 Md. R. 815—817 (April 17,
1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register
issued on April 17, 1992.
CODE OF MARYLAND
REGULATIONS (COMAR)
COMAR is the official compilation of all regulations issued by agencies
of the State of Maryland. The Maryland Register is COMAR’s temporary
supplement, printing all changes to regulations as soon as they occur. At least
once annually, the changes to regulations printed in the Maryland Register are
incorporated into COMAR by means of permanent supplements.
CITATION TO COMAR
REGULATIONS
COMAR regulations are cited by title number, subtitle number, chapter
number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10,
Subtitle 08, Chapter 01, Regulation 03.
DOCUMENTS INCORPORATED
BY REFERENCE
Incorporation by reference is a legal device by which a document is made
part of COMAR simply by referring to it. While the text of an incorporated
document does not appear in COMAR, the provisions of the incorporated document
are as fully enforceable as any other COMAR regulation. Each regulation that
proposes to incorporate a document is identified in the Maryland Register by an
Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or
Repealed, found online, also identifies each regulation incorporating a
document. Documents incorporated by reference are available for inspection in
various depository libraries located throughout the State and at the Division
of State Documents. These depositories are listed in the first issue of the
Maryland Register published each year. For further information, call
410-974-2486.
HOW TO RESEARCH REGULATIONS
An
Administrative History at the end of every COMAR chapter gives information
about past changes to regulations. To determine if there have been any
subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted,
Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf.
This table lists the regulations in numerical order, by their COMAR number,
followed by the citation to the Maryland Register in which the change occurred.
The Maryland Register serves as a temporary supplement to COMAR, and the two
publications must always be used together. A Research Guide for Maryland
Regulations is available. For further information, call 410-260-3876.
SUBSCRIPTION
INFORMATION
For subscription forms for the Maryland Register and COMAR, see the back
pages of the Maryland Register. Single issues of the Maryland Register are $15.00
per issue.
CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS
Maryland citizens and other interested
persons may participate in the process by which administrative regulations are
adopted, amended, or repealed, and may also initiate the process by which the
validity and applicability of regulations is determined. Listed below are some
of the ways in which citizens may participate (references are to State
Government Article (SG),
Annotated
Code of Maryland):
• By submitting data or views on proposed
regulations either orally or in writing, to the proposing agency (see
‘‘Opportunity for Public Comment’’ at the beginning of all regulations
appearing in the Proposed Action on Regulations section of the Maryland
Register). (See SG, §10-112)
• By petitioning an agency to adopt, amend,
or repeal regulations. The agency must respond to the petition. (See SG
§10-123)
• By petitioning an agency to issue a
declaratory ruling with respect to how any regulation, order, or statute
enforced by the agency applies. (SG, Title 10, Subtitle 3)
• By petitioning the circuit court for a
declaratory judgment
on
the validity of a regulation when it appears that the regulation interferes
with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)
• By inspecting a certified copy of any
document filed with the Division of State Documents for publication in the
Maryland Register. (See SG, §7-213)
Maryland
Register (ISSN 0360-2834).
Postmaster: Send address changes and other mail to: Maryland Register, State
House, Annapolis, Maryland 21401. Tel. 410-260-3876. Published biweekly, with
cumulative indexes published quarterly, by the State of Maryland, Division of
State Documents, State House, Annapolis, Maryland 21401. The subscription rate
for the Maryland Register is $225 per year (first class mail). All
subscriptions post-paid to points in the U.S. periodicals postage paid at
Annapolis, Maryland, and additional mailing offices.
Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; 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 ................................................................... 1076
COMAR Research Aids
Table of Pending Proposals ......................................................... 1077
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
07 Department of Human Services ...................................... 1081
08 Department of Natural Resources ................................... 1083
09 Maryland Department of Labor ....................................... 1084
10 Maryland Department of Health ............................ 1086, 1088
11 Department of Transportation ........................ 1081,1093,1094
13A State Board of Education ................................................. 1096
15 Maryland Department of Agriculture ............ 1096,1097,1098
20 Public Service Commission ............................................. 1082
21 State Procurement Regulations ....................................... 1082
29 Department of State Police .............................................. 1082
36 Maryland State Lottery and Gaming
Control
Agency ......................................................................... 1099
PERSONS
WITH DISABILITIES
Individuals
with disabilities who desire assistance in using the publications and services
of the Division of State Documents are encouraged to call (410) 974-2486, or
(800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.
Renewal of Executive Order
01.01.2024.09.............................
07
DEPARTMENT OF HUMAN SERVICES
SOCIAL
SERVICES ADMINISTRATION
LDSS
Resource Home Requirements.......................................
11
DEPARTMENT OF TRANSPORTATION
MARYLAND
AVIATION ADMINISTRATION
MOTOR
VEHICLE ADMINISTRATION—ADMINISTRATIVE PROCEDURES
Ignition
Interlock Program........................................................
CYBERSECURITY.............................................................. 1082
Subtitle 50
SERVICE SUPPLIED BY ELECTRIC COMPANIES 1082
21
STATE PROCUREMENT REGULATIONS
ADMINISTRATIVE
AND CIVIL REMEDIES.................. 1082
Regulated
Firearms...................................................................
Regulated Firearms...................................................................
08 DEPARTMENT
OF NATURAL RESOURCES
FISHERIES
SERVICE......................................................... 1083
Common
Provisions for All Lottery Games
Proposed
Action on Regulations
09
MARYLAND DEPARTMENT OF LABOR
10
MARYLAND DEPARTMENT OF HEALTH
MARYLAND
HEALTH CARE COMMISSION
Certification
of Electronic Health Networks and Medical Care Electronic Claims Clearinghouses
Health
Information Exchanges: Privacy and Security of Protected Health Information
11
DEPARTMENT OF TRANSPORTATION
MOTOR
VEHICLE ADMINISTRATION—VEHICLE REGISTRATION
Issuance,
Renewal, Display, and Expiration of
Registrations
MOTOR
VEHICLE ADMINISTRATION—FINANCIAL RESPONSIBILITY REQUIREMENTS
Reporting
Requirements for Lapse or Termination of Required Security
Purple Star
Schools Program....................................................
15
MARYLAND DEPARTMENT OF AGRICULTURE
Approval
and Type Evaluation Requirements
Fees
Charged to Test Standards and Other Equipment Used by Technicians
Qualifications
for Registration of a Service Technician and Service Agency
36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY
Voluntary
Exclusion and Responsible Gaming
Common
Provisions for All Lottery Games
[Special
Operation Licenses for] Instant Ticket Lottery Machines
Video
Lottery Facility Minimum Internal Control
Standards
Table Games
Procedures...........................................................
Sports
Wagering Licensee Minimum Internal Control Standards
Errata
15.20.13.21................................................................................ 1121
MARYLAND
HEALTH CARE COMMISSION
Average
Annual Occupancy Rates By Jurisdiction and Facility Special Chronic Hospital
Beds
Use of
Special Chronic Hospital Beds MD FY 2024...................
SUSQUEHANNA RIVER BASIN COMMISSION....................
Projects
Approved for Consumptive Uses of Water.................
SUSQUEHANNA RIVER BASIN COMMISSION....................
Grandfathering
Registration Notice..........................................
SUSQUEHANNA RIVER BASIN COMMISSION....................
Minor
Modification Notice.......................................................
SUSQUEHANNA RIVER BASIN COMMISSION....................
Commission
Meeting................................................................
WATER AND SCIENCE ADMINISTRATION.........................
Water
Quality Certification 24-WQC-0019..............................
WATER AND SCIENCE ADMINISTRATION.........................
Water
Quality Certification 24-WQC-0039..............................
DEPARTMENT
OF TRANSPORTATION.................................
Pre-solicitation
Report..............................................................
MARYLAND
DEPARTMENT OF HEALTH/ WORKGROUPON
ISSUANCE OF ALCOHOLIC BEVERAGES LICENSES TO TOBACCONISTS
MARYLAND
STATE LOTTERY AND GAMING CONTROL COMMISSION
BOARD
OF WATERWORKS AND WASTE SYSTEMS OPERATORS
COMAR
Online
The Code of Maryland Regulations is available
at www.dsd.state.md.us as a free service of the Office of the Secretary of
State, Division of State Documents. The full text of regulations is available
and searchable. Note, however, that the printed COMAR continues to be the only
official and enforceable version of COMAR.
The Maryland Register is
also available at www.dsd.state.md.us.
For additional information,
visit www.dsd.maryland.gov,
Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.
Availability
of Monthly List of
Maryland Documents
The Maryland Department of
Legislative Services receives copies of all publications issued by State
officers and agencies. The Department prepares and distributes, for a fee, a
list of these publications under the title ‘‘Maryland Documents’’. This list is
published monthly, and contains bibliographic information concerning regular
and special reports, bulletins, serials, periodicals, catalogues, and a variety
of other State publications. ‘‘Maryland Documents’’ also includes local
publications.
Anyone wishing to receive
‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department
of Legislative Services, 90 State Circle, Annapolis, MD 21401.
CLOSING DATES AND ISSUE DATES THROUGH
December 2025†
Issue |
Emergency and
Proposed Regulations 5
p.m.* |
Notices,
etc. 10:30
a.m. |
Final Regulations 10:30
a.m. |
2024 |
|||
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.
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. 928 (10-18-24)
05 DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
05.23.01.01—.04 • 51:22 Md. R. 966 (11-1-24)
07 DEPARTMENT OF
HUMAN SERVICES
07.02.25.01—.24 • 51:19 Md. R. 861 (9-20-24)
08 DEPARTMENT OF
NATURAL RESOURCES
08.02.01.12 • 51:22
Md. R. 968 (11-1-24)
08.02.11.01 • 51:23 Md. R. 1039 (11-15-24)
08.02.22.02 • 51:10
Md. R. 534 (5-17-24)
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)
09.11.09.02 • 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)
09.30.01.01—.10 • 51:24 Md. R. 1084 (12-2-24)
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. 929 (10-18-24)
09.42.02.01—.10 • Md. R. 932 (10-18-24)
09.42.03.01—.10 • Md. R. 933 (10-18-24)
09.42.04.01—.12 • Md. R. 937 (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)
10.24.01.01,.03,.12,.21—.23 • 51:23 Md. R. 1042 (11-15-24)
10.24.20.01 • 51:23 Md. R. 1044 (11-15-24)
10.25.07.02,.09—.12 • 51:24 Md. R. 1086 (12-2-24)
10.25.10.01—.17,.19 • Md. R. 969 (11-1-24)
10.25.18.01—.04,.08,.10,.13,.14 • 51:24 Md. R. 1088 (12-2-24)
Subtitles 37—52 (5th volume)
10.37.01.03 • 51:17
Md. R. 779 (8-23-24)
10.44.20.02 • 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
11.13.13.01—.03 • 51:23 Md. R. 1045 (11-15-24)
11.15.16.05 • 51:24 Md. R. 1093 (12-2-24)
11.17.14.06 • 51:23 Md. R. 1046 (11-15-24)
11.18.04.01—.03,.04 • 51:24 Md. R. 1094 (12-2-24)
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.06.10.02 • 51:24 Md. R. 1095 (12-2-24)
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.08.01.17 • 51:24 Md. R. 1096 (12-2-24)
13A.12.01.05—.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. 942 (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. 942 (10-18-24)
13A.14.15.01—.09 • 51:22 Md. R. 973 (11-1-24)
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)
14 INDEPENDENT
AGENCIES
14.01.04.05 • 51:22 Md. R. 978 (11-1-24)
14.04.02.04 • 51:22 Md. R. 979 (11-1-24)
14.04.05.05• 51:22 Md. R. 979 (11-1-24)
14.04.10.01—.06 • 51:22 Md. R. 979 (11-1-24)
14.04.11.01—.05 • 51:22 Md. R. 979 (11-1-24)
14.35.07.08,.11,.13,.18,.19 • 51:22 Md. R. 983 (11-1-24)
14.35.07.12 • 51:20 Md. R. 906 (10-4-24)
14.35.14.04 • 51:22 Md. R. 983 (11-1-24)
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)
14.39.02.12 • 51:23 Md. R. 1046 (11-15-24)
15 MARYLAND
DEPARTMENT OF AGRICULTURE
15.03.09.05 • 51:24
Md. R. 1096 (12-2-24)
15.03.11.02—.05,.08—.12,.15
• 51:24 Md. R. 1097 (12-2-24)
15.03.11.04—.07 • 51:24
Md. R. 1098 (12-2-24)
15.20.07.02 • 51:22 Md. R. 984 (11-1-24) (ibr)
15.20.13.01—.28 • 51:22 Md. R. 985 (11-1-24)
21 STATE
PROCUREMENT REGULATIONS
21.01.02.01 • 51:23 Md. R. 1046 (11-15-24)
21.02.01.04,.05 • 51:23 Md. R. 1046 (11-15-24)
21.03.05,.02 • 51:23 Md. R. 1046 (11-15-24)
21.05.03.01 • 51:23 Md. R. 1046 (11-15-24)
21.05.07.06 • 51:23 Md. R. 1046 (11-15-24)
21.05.08.07 • 51:23 Md. R. 1046 (11-15-24)
21.05.12.02 • 51:23 Md. R. 1046 (11-15-24)
21.05.16.01—.05 • 51:23 Md. R. 1046 (11-15-24)
21.07.01.08,.26,.31 • 51:23 Md. R. 1046 (11-15-24)
21.07.02.05-2,.10 • 51:23 Md. R. 1046 (11-15-24)
21.07.03.06,.26,.27 • 51:23 Md. R. 1046 (11-15-24)
21.07.04.01,.02, • 51:23 Md. R. 1046 (11-15-24)
21.10.02.02 • 51:23 Md. R. 1046 (11-15-24)
21.10.08.01—.08 • 51:23 Md. R. 1047 (11-15-24)
21.11.01.01,.02,.05,.06 • 51:23 Md. R. 1047 (11-15-24)
21.11.03.03,.17 • 51:23 Md. R. 1047 (11-15-24)
21.11.05.04,.06 • 51:23 Md. R. 1047 (11-15-24)
21.13.01.03 • 51:23 Md. R. 1046 (11-15-24)
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)
27 CRITICAL AREA
COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS
27.01.01.01 • 51:22 Md. R. 996 (11-1-24)
27.01.02.01,.01-1,.02,
02-1, .02-2, .03—.06,.06-1,.06-2,.06-3,.07,.08 • 51:22 Md. R.
996 (11-1-24)
27.01.03.02—.04 • 51:22 Md. R. 996 (11-1-24)
27.01.05.01,.02 • 51:22 Md. R. 996 (11-1-24)
27.01.06.02,.03 • 51:22 Md. R. 996 (11-1-24)
27.01.07.02,.03 • 51:22 Md. R. 996 (11-1-24)
27.01.08.03 • 51:22 Md. R. 996 (11-1-24)
27.01.09.01—.01-3,.01-6,.01-7,.02—.05
•51:22 Md. R. 996 (11-1-24)
27.01.10.01,.02 • 51:22 Md. R. 996 (11-1-24)
27.01.11.04—.06 • 51:22 Md. R. 996 (11-1-24)
27.01.12.06,.07 • 51:22 Md. R. 996 (11-1-24)
27.01.14.03.05,.06
• 51:22 Md. R. 996 (11-1-24)
27.02.01,.01 • 51:22 Md. R. 996 (11-1-24)
27.02.02.01,.02 • 51:22 Md. R. 996 (11-1-24)
27.02.03,.01,.02 • 51:22 Md. R. 996 (11-1-24)
27.02.04,.01,.02 • 51:22 Md. R. 996 (11-1-24)
27.02.05.01,,.03—.03-2,.04-1,.04-2,.06,.07,.08-2,.08-3,.09—.13,.15—.15-3
• 51:22 Md. R. 996 (11-1-24)
27.02.06.01 • 51:22 Md. R. 996 (1161-24)
27.02.07.01—.04 • 51:22 Md. R. 996 (11-1-24)
27.02.08,.01,.02 • 51:22 Md. R. 996 (11-1-24)
27.03.01,.01—.04,.05
• 51:22 Md. R. 996 (11-1-24)
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. 946 (10-18-24)
31.04.18.02,.15 • 51:21 Md. R. 946 (10-18-24)
31.08.03.04,.05,.07,.08 • 51:22 Md. R. 1022 (11-1-24)
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)
34 DEPARTMENT OF
PLANNING
34.04.04.04 • 51:22 Md. R. 1025 (11-1-24)
36 MARYLAND STATE LOTTERY AND
GAMING CONTROL AGENCY
36.01.01.01—.06
• 51:24 Md. R. 1099
(12-2-24)
36.01.03.01—.06,.08 • 51:24 Md. R. 1099
(12-2-24)
36.02.01.02 • 51:24 Md. R. 1099
(12-2-24)
36.02.02.01—.10
• 51:24 Md. R. 1099 (12-2-24)
36.02.03.01,.02 —.05, .06 —.15 • 51:24 Md. R. 1099 (12-2-24)
36.02.04.01—.07,.08 • 51:24 Md. R. 1099 (12-2-24)
36.02.05.01—.04
• 51:24 Md. R. 1099 (12-2-24)
36.02.07, .01,.02 • 51:24 Md. R. 1099 (12-2-24)
36.02.09, .01—.05 • 51:24 Md. R. 1099 (12-2-24)
36.03.10,.07,.12,.14,.20,.28,.38 • 51:23 Md. R. 1059 (11-15-24)
36.03.10.36 •
51:24 Md. R. 1118 (12-2-24)
36.04.02.02
• 51:23 Md. R. 1059
(11-15-24)
36.05.03.15 •
51:24 Md. R. 1118 (12-2-24)
36.08.01.02 • 51:23 Md. R.
1059 (11-15-24)
36.08.02.01 • 51:23 Md. R.
1059 (11-15-24)
36.08.03.01—.04,.06 • 51:23
Md. R. 1059 (11-15-24)
36.08.04.01,.03 • 51:23 Md.
R. 1059 (11-15-24)
36.09.01.02 • 51:23 Md. R.
1059 (11-15-24)
36.09.02.01,.01—.06 • 51:23
Md. R. 1059 (11-15-24
36.09.03.01—.07 • 51:23 Md.
R. 1059 (11-15-24)
36.09.04.01—.07 • 51:23 Md.
R. 1059 (11-15-24)
36.09.05.01—.03 • 51:23 Md.
R. 1059 (11-15-24)
36.10.12.03 • 51:23 Md. R.
1059 (11-15-24)
36.10.13.06,.37,.40,.45 •
51:23 Md. R. 1059 (11-15-24)
36.10.13.39 • 51:24 Md. R. 1118 (12-2-24)
36.10.14.06 • 51:23 Md. R.
1059 (11-15-24)
36.10.18.04,.05 • 51:23 Md.
R. 1059 (11-15-24)
Renewal of Executive Order 01.01.2024.09
(Declaration of a State of Emergency)
WHEREAS, I, Wes Moore, Governor of the State of Maryland, issued Executive Order 01.01.2024.09 declaring a State of Emergency due to the significant infrastructure damage to the Francis Scott Key Bridge in Baltimore on March 26, 2024;
The declaration of the State of Emergency was renewed on October 11, 2024, by Executive Order 01.01.2024.35;
Because of the on-going impact of this incident, emergency conditions continue to exist Statewide;
A. The Maryland Department of Emergency Management is hereby directed to continue to coordinate the State preparedness and response to impacts of this incident.
B. All other appropriate State authorities are hereby authorized to activate their emergency preparedness plans and engage, deploy, use, and coordinate available resources in furtherance of those plans.
C. The Maryland National Guard remains on regular duty.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in Annapolis, this 8th Day of November, 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-24-15]
Symbol Key
• Roman type indicates
text already existing at the time of the proposed action.
• Italic
type indicates new text added
at the time of proposed action.
• Single underline, italic indicates new text added at the time of final
action.
• Single
underline, roman indicates existing text added at the time of final action.
[[Double brackets]] indicate
text deleted at the time of final action.
Title 07
DEPARTMENT OF HUMAN SERVICES
Subtitle 02 SOCIAL SERVICES ADMINISTRATION
Authority: Family Law Article, §§5-501 et seq. and 5-534
Annotated Code of Maryland
(Agency Note: Federal Regulatory Reference — 42 U.S.C. §§671, 672, and 674; 45
CFR §§1355.20, 1355.38, 1356.21(m), and 1356.30)
Notice of Final Action
[24-116-F]
On November 19, 2024, the Department of Human Services adopted new Regulation .01—.13 under a new chapter, COMAR 07.02.09 Kinship Care Program. This action, which was proposed for adoption in 51:19 Md. R. 855—869 (September 20, 2024), has been adopted as proposed.
Effective Date: December 12, 2024.
RAFAEL LOPEZ
Secretary
07.02.25 LDSS Resource Home Requirements
Authority: Human Services Article, §2-209, Annotated Code of
Maryland
Notice of Final Action
[24-115-F]
On November 19, 2024, the Department of Human Services adopted the repeal of existing Regulations .01—.24 and new Regulations .01—.20 under COMAR 07.02.25 LDSS Resource Home Requirements. This action, which was proposed for adoption in 51:19 Md. R. 855—869 (September 20, 2024), has been adopted as proposed.
Effective Date: December 12, 2024.
RAFAEL LOPEZ
Secretary
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 03 MARYLAND AVIATION ADMINISTRATION
Notice of Final Action
[24-046-F]
On November 14, 2024, the Executive Director of the Maryland Aviation Administration adopted amendments to Regulation .09 under COMAR 11.03.01 Baltimore/Washington International Thurgood Marshall Airport. This action, which was proposed for adoption in 51:11 Md. R. 585 (May 31, 2024) and reproposed in 51:18 Md. R. 813 (September 6, 2024), has been adopted as reproposed.
Effective Date: December 12, 2024.
RICKY SMITH
Executive Director/CEO
Subtitle 11 MOTOR VEHICLE ADMINISTRATION—ADMINISTRATIVE PROCEDURES
11.11.13 Ignition Interlock Program
Authority: Transportation Article, §§12-104(b), 16-205.1, 16-404.1, and 21-902.2, Annotated Code of Maryland
Notice of Final Action
[24-113-F]
On November 19, 2024, the Motor Vehicle Administration adopted amendments to Regulation .03 under COMAR 11.11.13 Ignition Interlock Program. This action, which was proposed for adoption in 51:20 Md. R. 901 (October 4, 2024), has been adopted as proposed.
Effective Date: December 12, 2024.
CHRISTINE NIZER
Administrator
Title 20
PUBLIC SERVICE COMMISSION
Annotated Code of Maryland
Notice of Final Action
[24-093-F]
On November 6, 2024, the Public Service Commission:
(1) Adopted amendments to Regulations .01—.05
and new Regulations .06—.09 under COMAR 20.06.01 General; and
(2 ) Adopted new Regulations .01—.06 under a new chapter, COMAR 20.06.02 Compliance.
This action, which was proposed for adoption in 51:18 Md. R. 822—827 (September 6, 2024), has been adopted as proposed.
Effective Date: December 12,
2024.
ANDREW S. JOHNSTON
Executive Secretary
Subtitle 50 SERVICE SUPPLIED BY ELECTRIC COMPANIES
20.50.09 Small Generator Facility Interconnection Standards
Authority: Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, and 7-306, Annotated Code of Maryland
Notice of Final Action
[24-084-F]
On November 6, 2024, the Public Service Commission adopted amendments to Regulations .02,.06, .09, .10, and .12—.14 and the repeal of existing Regulation .07 under COMAR 20.50.09 Small Generator Facility Interconnection Standards. This action, which was proposed for adoption in 51:17 Md. R. 789—795 (August 23, 2024), has been adopted with the nonsubstantive changes shown below.
Effective Date: December 12, 2024.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:
Regulation .10A(9): Corrections to this proposed regulation reflect nonsubstantive typographical corrections and it does not require republication.
.10 Level 2 Review.
A. The utility shall evaluate a Level 2 small generator facility for the potential for adverse system impacts using net system capacity, pursuant to Regulation .06A and B of this chapter, unless nameplate capacity is specifically required using the following:
(1)—(8) (proposed text unchanged)
(9) As an alternative non-mandatory method to
evaluate the adverse system impacts of a proposed Level 2 small generator
facility on the distribution system, as described in §A(1)—(8) of this
regulation, or as a mandatory next step prior to rejecting an
interconnection request, pursuant to [[§E of this
regulation,]] §F of this regulation, for [[Level
1]] Level 2 Review Failure, a utility
may use a power-flow based analysis system [if the utility has
submitted:] with modeling of IEEE 1547-2018 inverter
capabilities as follows, if its use may change the analysis result as
determined by the utility:
(a)—(b) (proposed text unchanged)
ANDREW S. JOHNSTON
Executive Secretary
Title 21
STATE PROCUREMENT REGULATIONS
Subtitle 10 ADMINISTRATIVE AND CIVIL REMEDIES
Authority: Proposed COMAR Changes Authority: State Finance and Procurement Article, §§12-101 and 15-201—15-223
Notice of Final Action
[24-120-F]
On November 20, 2024, the Maryland State Board of Contract Appeals adopted amendments to:
(1) Regulations .02 and .06 under COMAR 21.10.05 General; and
(2) Regulation .12 under COMAR 21.10.06 Procedures For Appealing Contract Disputes.
This action, which was proposed for adoption in 51:20 Md. R. 907—909 (October 4, 2024), has been adopted as proposed.
Effective Date: December 12, 2024.
MICHAEL DOSCH
Deputy Clerk
Title 29
MARYLAND STATE POLICE
Subtitle 03 WEAPONS REGULATIONS
Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §5-105; Annotated Code of Maryland
Notice of Final Action
[24-049-F]
On November 7, 2024, the Secretary of State Police adopted amendments to Regulation .45 under COMAR 29.03.01 Regulated Firearms. This action, which was proposed for adoption in 51:10 Md. R. 542 (May 17, 2024), has been adopted as proposed.
Effective Date: December 12, 2024.
ROLAND L. BUTLER JR.
Secretary of State Police
Authority: Criminal Law Article, Title 4, Subtitle 3; Public Safety Article, §§5-105 and 5-145.1; Annotated Code of Maryland
Notice of Final Action
[24-050-F]
On November 7, 2024, the Secretary of State Police adopted new Regulation .58 under COMAR 29.03.01 Dealer Security Requirements under COMAR 29.03.01 Regulated Firearms. This action, which was proposed for adoption in 51:15 Md. R. 718—719 (July 26, 2024), has been adopted as proposed.
Effective Date: December 12, 2024.
ROLAND L. BUTLER JR.
Secretary of State Police
Title 08
DEPARTMENT OF NATURAL RESOURCES
Notice of Withdrawal
[24-051-W]
The Secretary of Natural Resources withdraws the proposal to amend Regulations .23, .26, and .27 under COMAR 08.02.05 Fish and Regulation .02 under COMAR 08.02.22 Sharks, as published in 51:10 Md. R. 534—535 (May 17, 2024).
JOSH KURTZ
Secretary of Natural Resources
Proposed Action on Regulations
For information
concerning citizen participation in the regulation-making process, see
inside front cover. Symbol Key • Roman
type indicates existing text of regulation. • Italic type indicates proposed new
text. • [Single
brackets] indicate text proposed for deletion. Promulgation
of Regulations An agency wishing to adopt, amend, or
repeal regulations must first publish in the Maryland Register a notice of
proposed action, a statement of purpose, an estimate of economic impact,
an economic impact on small businesses, a notice giving the public an
opportunity to comment on the proposal, and the text of the proposed
regulations. The opportunity for public comment must be held open for at
least 30 days after the proposal is published in the Maryland Register. Following publication of the proposal
in the Maryland Register, 45 days must pass before the agency may take
final action on the proposal. When final action is taken, the agency must
publish a notice in the Maryland Register. Final action takes effect 10
days after the notice is published, unless the agency specifies a later
date. An agency may make changes in the text of a proposal. If the changes
are not substantive, these changes are included in the notice of final
action and published in the Maryland Register. If the changes are
substantive, the agency must repropose the regulations, showing the
changes that were made to the originally proposed text. Proposed action on regulations may be
withdrawn by the proposing agency any time before final action is taken.
When an agency proposes action on regulations, but does not take final
action within 1 year, the proposal is automatically withdrawn by operation
of law, and a notice of withdrawal is published in the Maryland Register.
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 30 HOUSEHOLD GOODS MOVERS
Authority: Business Regulation Article, §§8.5-103, 8.5-104,
8.5-106, and 8.5-107 Annotated Code of Maryland
Notice of Proposed Action
[24-176-P]
The Maryland Department of Labor proposes to adopt new Regulations .01—.10 under a new chapter, COMAR 09.30.01 General Regulations under a new subtitle,
Subtitle 30 Household Goods Movers.
Statement of Purpose
The purpose of this action is to establish by regulation application requirements for a Household Goods Mover registration, the fee therefore, and generally relating to the administration of a Household Goods Mover Registration 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 Todd Blackistone, Executive Director, Maryland Department of Labor. As of approximately 11/4/2024: Maryland Department of Labor 100 South Charles Street, Baltimore, MD 21201. Prior to approximately 11/10/2024: 1100 N. Eutaw Street, 5th Floor, Baltimore, MD 21201, or call 410-230-6165, or email to todd.blackistone@maryland.gov. Comments will be accepted through January 2, 2025. A public hearing has not been scheduled.
.01
Purpose.
This chapter sets out the requirements and procedures for the
registration of household goods movers.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Consumer” means the person who entered into a written
contract with a household goods mover for loading, packing, moving,
transporting, or storing household goods.
(2) “Department” means the Maryland Department of Labor.
(3) “Household Goods” means personal property of the consumer
used for personal, family, or household purposes.
(4) “Household goods movers” means a person who provides
household goods moving services.
(5) Household goods moving services.
(a) “Household goods moving services” means the loading,
packing, moving, transporting, storing while in transit, unloading, or
otherwise taking possession or control from a consumer of household goods for
the purpose of moving them to another location at the direction of the consumer
for a fee;
(b) “Household goods moving services” does not include moving
household goods for disposal or destruction.
(6) “Registration fee” means the annual fee paid by an applicant
or registrant, as applicable, in connection with the issuance or renewal of a
registration.
(7) “Secretary” means the Secretary of the Department, or the
Secretary’s designee.
(8) “State” means the State of Maryland.
.03 Application.
A. A person who intends to provide household goods moving
services shall submit an application for registration on the form approved by
the Department.
B. The form shall include the following information:
(1) The applicant’s name
and all trade names under which the applicant intends to provide household
goods moving services in the State;
(2) The applicant’s physical address, telephone number, and
e–mail address;
(3) The names of:
(a) All persons with at least 25 percent ownership in the
applicant’s business; and
(b) All identified under §B(3)(a) of this regulation who have
previously applied for registration for another entity, identification of that
person and the disposition of the application for the other entity;
(4) The applicant’s Federal Employee Identification Number;
(5) The name of the applicant’s resident agent in the State, if
any;
(6) The applicant’s U.S. Department of Transportation or State
Department of Transportation number, as applicable;
(7) Insurance carrier and policy number showing liability and
cargo coverage with the minimum standards in 49 C.F.R. Part 387.303;
(8) Proof of workers’ compensation coverage for all covered
employees;
(9) A certificate of status, issued by the Maryland Department
of Assessment and Taxation, or its equivalent, indicating the business is in
good standing and dated not earlier than 30 days before the date of the
application; and
(10) Any other information that may be required by the
Department.
C. An application for registration shall be accompanied by an
application fee in the amount provided in Regulation .06 of this Chapter.
.04
Registration.
A. The Department shall issue to each qualified applicant who submits a completed application form and the required fee the following:
(1) A unique registration
number; and
(2) A registration
certificate valid for 1 year.
B. A registrant is required to keep a copy of the registration
in each of the trucks owned by the registrant when the vehicle is used to
perform household goods moving services.
C. In the event a registrant changes the registrant’s name or
address, a registrant shall notify the Department in writing within 30 business
days after the change has occurred.
.05 Renewal of
Registration.
A. Unless a registration is renewed for a 1- year term as
provided in this regulation, the registration expires on the expiration date.
B. Renewal notice
(1) At least 1 month before a registration, the Department shall mail or electronically transmit to the registrant the following:
(a) A renewal application form; and
(b) A notice that states:
(i) The date on which the current registration expires; and
(ii) The amount of the renewal fee.
(2) If an electronic transmission under §B(1) of this regulation is returned to the Department as undeliverable, the Department shall mail to the registrant, at the last known address of the registrant, the materials required under §B(1) of this regulation within 10 business days of the date the Department received the notice that the electronic transmission was undeliverable.
C. Before a registration expires, the registrant periodically
may renew it for an additional 1–year term, if the registrant:
(1) Submits to the Department a renewal application on the form
that the Department provides, signed by the applicant under oath;
(2) Updates the information submitted in the original application
and states that the information is current;
(3) Complies with each requirement applicable to the original
application; and
(4) Pays the renewal fee.
D. Failure of the Department to timely notify a registrant of
registration renewal does not affect a registrant’s obligation to file a
renewal application prior to the expiration of the registration and payment of
a renewal fee.
.06 Reinstatement.
A. If a registrant fails to renew a license for any reason, no
household goods mover services may be offered or provided until the
registration is reinstated.
B. A request for reinstatement shall:
(1) Be in writing;
(2) On the form required by the Department; and
(3) Include payment of the reinstatement fee.
.07 Fees.
The following non-refundable fees shall be charged by the
Department:
A. Original registration application review: $250;
B. Original registration— $325;
C. Registration renewal— $325; and
D. Late Renewal—$75, in addition to the fee set forth in §C of
this regulation.
.08 Violations.
A person or registrant who violates any of the following
provisions regarding the household goods movers registration requirements may
be subject to a civil penalty of up to $5,000:
A. Failure to register as a mover of household goods;
B. Providing false information on the registration application;
C. Providing false information as to the number of vehicles used
for household moving services;
D. Failure to comply with requirements set forth in Title 8.5 of the Business Regulation Article, Annotated
Code of Maryland; and
E. Failure to comply with requirements set forth in these
regulations.
.09 Failure to Respond.
A. If an applicant or registrant receives from the Department a
written communication requesting a response, the applicant or registrant shall
respond in writing within 30 days of the date of such communication.
B. The Department shall send a written communication by first
class mail or email to the last address or email address furnished to the
Department by an applicant or registrant.
C. It is the responsibility of an applicant or registrant to
notify the Department in writing if there has been a change in the applicant’s
or registrant’s address.
D. Failure to respond as required by this regulation may be
considered by the Secretary or the Secretary’s designee to be a violation of
Business Regulation Article, §8.5-106, Annotated Code of Maryland.
.10 Notice of Change of
Licensing Information.
In addition to the requirements of Business Regulation Article,
Title 8.5, Annotated Code of Maryland, an applicant or registrant shall notify
the Secretary or the Secretary’s designee, in writing, within 15 days of any
change of the:
A. Business name the applicant or registrant;
B. Business address of the applicant or registrant; and
C. Address of the business through which an applicant or
registrant will provide or provides licensee household goods mover services.
PORTIA WU
Secretary, Maryland
Department of Labor
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 25 MARYLAND HEALTH CARE COMMISSION
10.25.07 Certification of Electronic Health Networks and Medical Care Electronic Claims Clearinghouses
Authority: Health-General Article, §§4-302.1, 4-302, 4-302.2—.3, 4-302.5, 19-103(c)(2), (9) and (10), 19-109(a)(1) and (8), 19-133(d), 19-134, and 19-135(a) and (b), Annotated Code of Maryland
Notice of Proposed Action
[24-165-P]
The Maryland Health Care Commission proposes to amend Regulation .02, adopt new Regulation .09, amend and recodify existing Regulations .09
and .10 to be Regulations .10 and .11, and recodify existing Regulation .11
to be Regulation .12 under COMAR 10.25.07
Certification of Electronic Health Networks and Medical Care Electronic Claims
Clearinghouses. This action was
considered by the Commission at an open meeting held on October 17, 2024, a
notice of which was given through publication in the Maryland Register, in
accordance with General Provisions Article, §3-302(c), Annotated Code of
Maryland.
Statement of Purpose
Legislation passed by the Maryland General Assembly (Chapter 790/House Bill 1022 and Chapter 791/Senate Bill 748, Public Health – State Designated Exchange – Clinical Information, 2021) requires the Maryland Health Care Commission (MHCC) to adopt regulations to support a State health improvement program, mitigate a public health emergency, and improve patient safety by requiring MHCC-certified electronic health networks (EHNs) to provide electronic health care transactions to the State-designated Health Information Exchange (HIE) for clinical and public health purposes.
The proposed amendments:
(1) Add definitions for improvement of patient safety, mitigation of a public health emergency, State-designated HIE, and state health improvement program;
(2) Add a regulation requiring MHCC-certified EHNs to submit certain electronic health care transactions to the State-designated HIE for public health and clinical purposes;
(3) Require the State-designated HIE to develop electronic health care transactions technical submission guidance (technical guidance);
(4) Prohibit the State-designated HIE from charging fees;
(5) Allow EHNs to request a one-year exemption from certain reporting requirements; and
(6) Require the State-designated HIE to publish the technical guidance within six months of regulations effective date.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action has an indeterminable economic impact on electronic health networks (EHNs). Some costs may be incurred to implement and maintain technology to report certain electronic health care transactions to the State-designated health information exchange. This cost is currently unknown though anticipated to be minimal given existing EHN infrastructure and policies that can be leveraged to implement the proposed regulatory requirements. EHNs will be able to request a one-year exemption from certain reporting requirements.
II. Types of Economic Impact.
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
A. On issuing agency: |
NONE |
|
|
|
|
B. On other State agencies: |
NONE |
|
|
|
|
C. On local governments: |
NONE |
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
D. On regulated industries or trade groups: |
|
|
Regulated Industry |
(-) |
Indeterminable |
E. On other industries or trade groups: |
NONE |
|
|
|
|
F. Direct and indirect effects on public: |
NONE |
|
|
|
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. There is an indeterminable fiscal impact on the regulated industry. The industry is still determining what modifications to their systems will be needed to comply with the new requirements. The regulations allow for a phased approach to implementing the requirements.
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 Nikki Majewski, Chair, Health Information Technology, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3839, or email to mhccregs.comment@maryland.gov. Comments will be accepted through January 2, 2025. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Maryland Health Care Commission during a public meeting to be held on February 20, 2025 at 1:00 pm, at 4160 Patterson Avenue, Baltimore, MD 21215.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(7) (text unchanged)
(8) “Health information” means any information, whether oral or recorded in any form or medium, including electronic health information, that:
(a) Is created or received by a health care provider, health plan, public health authority, [employe,] employer, life insurer, or health care clearinghouse; and
(b) (text unchanged)
(9) “Improvement of patient safety” means actions, strategies,
or protocols to prevent health care errors, enhance the quality of care, and
ensure a safe health care environment.
[(9)] (10)—[(12)] (13) (text unchanged)
(14) “Mitigation of a public health emergency” means
taking actions to lessen the impact of a public health emergency and reduce
harm, including implementing preventive measures, managing resources, and
coordinating responses to limit disease spread, minimize health risks, and
support affected communities effectively.
[(13)] (15) (text unchanged)
(16) “State-designated
health information exchange” or “State-designated HIE” means a health
information exchange designated by the Maryland Health Care Commission and the
Health Services Cost Review Commission pursuant to the statutory authority set
forth under Health-General Article, §19-143, Annotated Code of Maryland.
(17) “State health
improvement program” means a State initiative designed to enhance public health
through strategic planning, targeted interventions, and collaboration with
stakeholders and the federal government, including State efforts in support of
the Total Cost of Care model and successor models agreed to by the federal
government and the State.
[(14)] (18) (text unchanged)
.09 Electronic Health Network Transaction Submission.
A. An MHCC-certified
EHN shall submit electronic health care transactions information
in accordance with this regulation to the State-designated HIE for public
health and clinical purposes to facilitate:
(1) A State health
improvement program;
(2) Mitigation of a
public health emergency; or
(3) Improvement of patient safety.
B. An MHCC-certified
EHN shall submit electronic health care transactions information for services
delivered in Maryland to the State-designated HIE that consist of the following
transactions:
(1) Health care claim
or equivalent encounter information (837P and 837I);
(2) Health plan
eligibility inquiry and response (270); or
(3) Benefit enrollment
and maintenance (834).
C. The Commission may
request the submission of other electronic administrative transactions adopted
by the Department of Health and Human Services.
D. An MHCC-certified
EHN may include transactions related to pharmaceuticals covered by medical
benefits with its submission under §B of this regulation if excluding that data
would be burdensome.
E. Electronic Health
Care Transactions Technical Submission Guidance.
(1) The
State-designated HIE shall develop an Electronic Health Care Transactions
Technical Submission Guidance in consultation with stakeholders that details
the technical requirements for submitting electronic health care transactions
information to the State-designated HIE in accordance with this regulation.
(2) The
State-designated HIE shall update the Electronic Health Care Transactions
Technical Submission Guidance on an annual basis.
(3) An MHCC-certified
EHN shall submit electronic health care transactions information to the
State-designated HIE in a manner detailed in the most recent version of the Electronic
Health Care Transactions Technical Submission Guidance.
F. Submission Schedule.
(1) No later than the
last business day of each month, an MHCC-certified EHN shall submit electronic
health care transactions information from the preceding month to the
State-designated HIE.
(2) An MHCC-certified
EHN shall submit electronic health transaction information at least once per
month, but may submit data more often.
G. An EHN may not
charge a fee to a health care provider, health care payor, or the State-designated
HIE for providing the information required under this regulation.
H. Exemptions.
(1) An MHCC-certified
EHN may request a 1-year exemption from certain reporting requirements in this
regulation.
(2) An exemption
request shall:
(a) Be in writing;
(b) Identify each
specific requirement of this regulation from which the EHN is requesting an
exemption;
(c) Identify the time
period of the exemption, if any;
(d) State the reason
for each exemption request; and
(e) Include information
that justifies the exemption request.
(3) Within 45 days
after receipt of complete information from an EHN requesting an exemption, the
Commission shall take one of the following actions:
(a) Grant the exemption
by providing written notification; or
(b) Deny the exemption
request by providing written notification that enumerates the reasons for the
denial to the EHN.
(4) The Commission may
not exempt an MHCC-certified EHN from any requirement within this regulation
that is otherwise required by federal or other State law.
(5) The Commission may
grant an exemption on the following grounds:
(a) The absence of
functionality in the infrastructure of the EHN that prevents the EHN from
complying with the requirement;
(b) The requirement
would hinder the ability of the EHN to comply with other requirements of this
chapter or federal or other State laws; or
(c) The requirement
would cause an undue burden or hardship on the EHN, such that the EHN would no
longer be able to provide EHN services in the State.
(6) For good cause
shown, the Commission may renew a 1-year exemption for an additional 1-year
period.
I. Effective Date.
(1) The
State-designated HIE shall publish the Electronic Health Care Transactions
Technical Submission Guidance within six months of the final effective date of
this regulation.
(2) An MHCC-certified
EHN shall begin submitting electronic health care transactions information
based on the most recent version of the Electronic Health Care Transactions
Technical Submission Guidance within 12 months following the initial
publication of the Electronic Health Care Transactions Technical Submission
Guidance.
[.09] .10 Withdrawal of Certification and Other Penalties.
A. The Commission may withdraw certification from an MHCC-certified EHN if the Commission finds that:
(1)—(4) (text unchanged)
(5) The MHCC-certified EHN [violated a provision of COMAR
10.25.18.] fails to submit electronic health care transactions
information to the State-designated HIE in accordance with Regulation .09 of
this chapter.
B.—C. (text unchanged)
D. A MHCC-certified EHN that fails to submit electronic health
transactions information to the State-designated HIE in accordance with
Regulation .09 of this chapter may be subject to a financial penalty not to
exceed $10,000 per day based on:
(1) The extent of actual or potential public harm caused by the
violation;
(2) The cost of investigating the violation; and
(3) Whether the MHCC-certified EHN committed previous
violations.
[.10] .11 Notice Prior to Withdrawal.
A. Before withdrawal of certification on one of the bases provided in Regulation [.09] .10 of this chapter, the Executive Director shall inform the MHCC-certified EHN, setting forth in writing the reasons for withdrawal.
B. The notice of withdrawal shall set forth the right of the MHCC-certified EHN to an evidentiary hearing, conducted in accordance with Regulation [.11] .12 of this chapter, to show cause why the certification should not be withdrawn.
C. (text unchanged)
RANDOLPH S. SERGENT, ESQ.
Chair
10.25.18 Health Information Exchanges: Privacy and Security of Protected Health Information
Authority: Health-General Article, §§4-301, 4-302.2, 4-302.3, 4-302.5, 4-304, [19-101] 19-103, 19-109(a)(1) and (8), 19-133, [and] 19-143, and 19-145, Annotated Code of Maryland
Notice of Proposed Action
[24-164-P]
The Maryland Health Care Commission proposes to amend Regulations .01—.04,
.08, and .10 and adopt new Regulations .13 and .14
under COMAR 10.25.18 Health Information
Exchanges: Privacy and Security of Protected Health Information. This action was considered by the Commission
at an open meeting held on October 17, 2024, a notice of which was given
through publication in the Maryland Register, in accordance with General
Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
Legislation passed by the Maryland General Assembly (Chapter 798/House Bill 1375, Health Information Exchanges - Electronic Health Information - Sharing and Disclosure, 2021; Chapter 790/House Bill 1022 and Chapter 791/Senate Bill 748, Public Health – State Designated Exchange – Clinical Information, 2021; Chapter 296/House Bill 1127, Public Health – State Designated Exchange – Health Data Utility, 2022) requires the Maryland Health Care Commission (MHCC) to adopt regulations to support the implementation of a consent management application and health data utility by the State-designated Health Information Exchange (HIE). The legislation requires dispensers to submit information on non-controlled prescription drug dispenses to the State-designated HIE to be made available to providers involved in the treatment and care coordination of patients and health officials to support public health interventions and promote health equity.
The proposed amendments:
(1) Add definitions for consent management application, health data utility, dispenser, noncontrolled prescription drugs, improvement of patient safety, and state health improvement program, and clarifies the meaning of “opt out” to be inclusive a consumer requests via the consent management application;
(2) Include dispensers as part of the scope of this Chapter;
(3) Specify the required consent management application components that the State-designated HIE must develop and the implementation timeline;
(4) Require HIEs to connect to the consent management application and describes how connectivity must be established and maintained;
(5) Add a requirement for HIEs to link to the State-designated HIE’s website with information on using the consent management application to opt out and back into data sharing and to continue managing local opt outs;
(6) Require the State-designated HIE to notify MHCC if the consent management application is not operational and when services resume;
(7) Add exceptions to complying with §D(3) and clarifies that requirements are in addition to restrictions of certain information;
(8) Add new regulations requiring the State-designated HIE to operate as a health data utility and implement the consent management application, and requires dispenses to report each noncontrolled prescription drugs dispenses to the State-designated HIE;
(9) Explain protocols for disclosures of clinical information or electronic health care transactions by the State-designated HIE;
(10) Require collaboration between the State-designated HIE and certain State agencies on data uses pertaining to a State health improvement program, mitigation of a public health emergency, improvement of patient safety; and any other public health priorities identified by the Secretary;
(11) Require the State-designated HIE to establish a Consumer Advisory Council that includes certain representation and adheres to the Maryland Open Meetings Act;
(12) Require MHCC to develop a Noncontrolled Prescription Drugs Dispenser Data Submission Manual annually;
(13) Describe specific information to be included in the manual, timing and frequency of reporting noncontrolled prescription drug dispenses, certain technical specifications, processes for requesting public comments on the manual and Commission approval, and processes for making the manual available to the public and notice of any updates; and
(14) Include procedures for the State-designated HIE to accept and disclose noncontrolled prescription drug dispenses information and dispensers to request a waiver from noncontrolled prescription drug reporting.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action has an indeterminable economic impact on health information exchange (HIE) entities and dispensers of noncontrolled prescription drugs. Some costs may be incurred to implement and maintain technology for the consent management application and health data utility. This cost is currently unknown though anticipated to be minimal given existing HIE infrastructure and policies that can be leveraged to implement the proposed regulatory requirements. Reporting of noncontrolled prescription drug dispense information to the State-designated HIE will leverage existing technology used to report controlled dangerous substance dispense information to the Prescription Drug Monitoring Program. Dispensers will have the option to request for a waiver from the reporting requirements for noncontrolled prescription drug dispense information.
II. Types of Economic Impact.
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
A. On issuing agency: |
NONE |
|
|
|
|
B. On other State agencies: |
NONE |
|
|
|
|
C. On local governments: |
NONE |
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
D. On regulated industries or trade groups: |
|
|
Regulated Industry |
(-) |
Indeterminable |
E. On other industries or trade groups: |
NONE |
|
|
|
|
F. Direct and indirect effects on public: |
NONE |
|
|
|
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. There is an indeterminable fiscal impact on the regulated industry. The industry is still determining what modifications to their systems will be needed to comply with the new requirements. The regulations allow for a phased approach to implementing the requirements.
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 Nikki Majewski, Chief, Health Information Technology, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3839, or email to mhccregs.comment@maryland.gov. Comments will be accepted through January 2, 2025. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Maryland Health Care Commission during a public meeting to be held on February 20, 2025 at 1:00 pm, at 4160 Patterson Avenue, Baltimore, MD 21215.
.01 Scope and Purpose.
A. (text unchanged)
B. This chapter applies to:
(1) An HIE, as defined in Regulation .[02B(32)] .02B(38) of this chapter, including:
(a) (text unchanged)
(b) A health information technology developer of certified health information technology as that term is defined in Regulation .[02B(33)] .02B(39) of this chapter;
(2) A person who accesses, uses, or discloses protected health information through an HIE; [and]
(3) Electronic health information stored in, or maintained by, an
HIE[.]; and
(4) A dispenser authorized by law to dispense noncontrolled
prescription drugs to a patient or the patient’s agent in the State.
C.—D. (text unchanged)
E. The requirements in this chapter are in addition to those set forth below:
(1)—(7) (text unchanged)
(8) Titles IV and XI of the 21st Century Cures Act and the pertinent regulations, 45 CFR Part 171, and as defined at Regulation .[02B(71)] .02B(78) of this chapter; and
(9) (text unchanged)
F. Nothing in this chapter shall prohibit:
(1) The Maryland Department of Health, the Commission, or the
Health Services Cost Review Commission from using electronic health
information, subject to federal and State law, for health regulatory and public
health functions;
(2) The sharing or disclosing of information that is required to
be exchanged under Health-General Article, Title 21, Subtitle 2A, Annotated
Code of Maryland; or
(3) The sharing or disclosing of information that is required to
be exchanged under federal law, including for the purposes of payment, as
defined in 45 CFR § 164.501.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(2) (text unchanged)
(3) “Application Programming Interface” or “API” has the same
meaning as ‘Certified API Technology’ as stated at 45 CFR § 170.404.
[(3)] (4)—[(9)] (10) (text unchanged)
[(10) “Core elements of the Master Patient Index (MPI)” are the minimum elements that are:
(a) Required for an HIE to identify a particular patient across separate clinical, financial, and administrative systems; and
(b) Needed to exchange health information electronically.]
(11) “Business day” means any day except Saturday, Sunday, or a holiday on which State offices are closed.
[(11)] (12) “Care management organization”, in the context of secondary use, means any entity that:
(a) (text unchanged)
(b) Has the legal or regulatory authority to exercise the responsibilities stated in [§B(10)(a)] §B(12)(a) of this regulation; or
(c)—(d) (text unchanged)
[(12)] (13) (text unchanged)
(14) “Consent management application” means a software tool or platform designed to request, receive, store, and manage a person in interest’s consent preferences regarding the sharing of the patient’s electronic health information through an HIE.
[(13)] (15) (text unchanged)
(16) “Core elements of the Master Patient Index (MPI)” are the
minimum elements that are required for an HIE to identify a particular patient
across separate clinical, financial, and administrative systems, as needed for
exchanging health information electronically.
[(14)] (17)—[(19)] (22) (text unchanged)
(23) “Dispense” has the meaning stated in Health Occupations
Article, §12–101, Annotated Code of Maryland, but does not include giving a
patient prescription drug samples in accordance with Health Occupations
Article, §12-102(d), Annotated Code of Maryland.
(24) Dispenser.
(a) “Dispenser” means a person authorized by law to dispense a
noncontrolled prescription drug to a patient or a patient’s agent in the State,
including a nonresident pharmacy so authorized.
(b) “Dispenser” does not include:
(i) A licensed hospital pharmacy that only dispenses a monitored
prescription drug for direct administration to an inpatient of the hospital;
(ii) An opioid treatment services program, as defined by COMAR
10.47.07.02;
(iii) A veterinarian licensed under Agriculture Article, Title
2, Subtitle 3, Annotated Code of Maryland;
(iv) A pharmacy issued a waiver permit under COMAR 10.34.17.03
that provides pharmaceutical specialty services exclusively to persons living
in assisted living facilities, comprehensive care facilities, and developmental
disabilities facilities; or
(v) A pharmacy issued a waiver by the Department under COMAR
10.47.07.03G from reporting dispensing to hospice patients.
[(20)] (25) (text unchanged)
(26) “Electronic health care transactions” means
transactions, as defined by 45 CFR § 160.103, that meet the specifications of
45 CFR § 162.920.
[(21)] (27)—[(29)] (35) (text unchanged)
[(30)] (36) “Health care provider” [means:
(a) A person who is licensed, certified, or otherwise authorized under Health Occupations Article, Annotated Code of Maryland, or Education Article, §13516, Annotated Code of Maryland, to provide health care in the ordinary course of business or practice of a profession or in an approved education or training program; or
(b) A facility where health care is provided to patients or recipients, including:
(i) A facility as defined in Health-General Article, §10101(e), Annotated Code of Maryland;
(ii) A hospital as defined in Health-General Article, §19-301(f), Annotated Code of Maryland;
(iii) A related institution as defined in Health-General Article, §19-301(o), Annotated Code of Maryland;
(iv) A State-certified substance use disorder program, as defined in Health-General Article, §8-403, Annotated Code of Maryland;
(v) A health maintenance organization as defined in Health-General Article, §19701(g), Annotated Code of Maryland;
(vi) An outpatient clinic; or
(vii) A medical laboratory;
(c) An agent, employee, officer, or director of a health care facility, or an agent or employee of a health care provider.] has the meaning provided in Health-General Article, §4-301(h), Annotated Code of Maryland.
(37) “Health Data Utility” means an HIE that operates for the
following purposes:
(a) The collection, aggregation, and analysis of clinical
information, public health data, and electronic administrative health care
transactions;
(b) The communication of data between public health officials
and health care providers to advance disease control and health equity; and
(c) The enhancement and acceleration of interoperability of health information.
[(31)] (38)—[(38)] (45) (text unchanged)
(46) “Improvement of patient safety” means actions, strategies,
or protocols to prevent health care errors, enhance the quality of care, and
ensure a safe health care environment.
[(39)] (47)—[(45)] (53) (text unchanged)
(54) “Noncontrolled Prescription Drugs” means a prescription
drug, as defined in the Health Occupations Article § 21 201, that is not a
controlled dangerous substance designated under Criminal Law Article, Title 5,
Subtitle 4, Annotated Code of Maryland.
[(46)] (55) (text unchanged)
[(47)] (56) “Notice” (or “notify” or “notification”) means an action that is required to be taken in writing or by written request under this chapter by a person, including an HIE, a health care consumer, a participating organization, or the [MHCC] Commission, in order to provide information to another that:
(a)—(d) (text unchanged)
[(48)] (57) [“Opt-out”] “Opt out” means the explicit written notice by a health care consumer to an HIE or through the consent management application that the patient has elected not to participate in the HIE, so that the HIE shall not disclose such patient's protected health information, or data derived from such patient's health information, except as consistent with this chapter.
[(49)] (58)—[(65)] (74) (text unchanged)
(75) “Secretary” means the Secretary of Health.
[(66)] (76)—[(67)] (77) (text unchanged)
(78) “State health improvement program” means a State initiative
designed to enhance public health through strategic planning, targeted
interventions, and collaboration with stakeholders and the federal government,
including State efforts in support of the Total Cost of Care model and
successor models agreed to by the federal government and the State.
[(68)] (79)—[(74)] (85) (text unchanged)
.03 Rights of a Health Care Consumer Concerning Information Accessed, Used, or Disclosed Through an HIE.
A. A health care consumer has the following rights in accordance with the requirements specified in this section:
(1) (text unchanged)
(2) The right to opt out of an HIE.
(a) A health care consumer has the right to opt out of an HIE at any time and refuse access to the patient's PHI through an HIE, except when a disclosure is limited to:
(i)—(ii) (text unchanged)
(iii) Results of a diagnostic procedure sent to the health care provider who ordered the procedure or another provider as designated by the ordering provider as part of the care delivery of a patient;
(iv)—(vi) (text unchanged)
(b) (text unchanged)
(c) A health care consumer shall be advised in writing by the HIE receiving the [opt out] opt-out notice or request that opting out does not preclude any participating organization that has received or accessed PHI via the HIE prior to such [opt out] opt-out, and incorporated such PHI into its records, from retaining such information in its records.
(3)—(4) (text unchanged)
B.—C. (text unchanged)
D. Consent Management Application.
(1) The State-designated HIE shall implement a consent
management application that:
(a) Allows a person in interest to opt out of or opt in to
having a patient’s electronic health information shared or disclosed by an HIE;
(b) Allows a person in interest to view the interested patient’s
opt-out status.
(c) Informs the person in interest of
the types of electronic health information that may be shared or disclosed in
accordance with §A(2)(a) of this regulation notwithstanding the choice to opt
out;
(d) Enables HIEs to readily identify information as to whether a
person in interest has opted out of sharing the patient’s electronic health
information; and
(e) At least includes:
(i) Personal identifiers consisting of the full name, date of
birth, mailing address, telephone number, medical record number, and other
unique identifiers of the patient and person in interest, if not the patient;
(ii) The person in interest’s communication contact preferences;
(iii) The relationship of the person in interest to the patient;
and
(iv) The date the patient’s consent preferences were last
updated.
(2) Within 6 months of the effective
date of this regulation, the State-designated HIE shall make the consent
management application it develops available to registered HIEs.
(3) The State-designated HIE shall implement the consent
management application with a secure electronic interface that supports
standardized interoperability between various recipient HIE systems.
(4) HIE Connection to the Consent Management Application.
(a) Exception. Section D(4)(b) of this regulation does not apply
to an HIE that solely exchanges electronic health information with other HIEs
and does not have any health care providers as a participating organization.
(b) An HIE shall:
(i) Establish bi-directional connectivity with the consent
management application within 18 months of receiving notification from the
State-designated HIE that the application is operational;
(ii) Update the HIE's
system with the most recent version of the consent management application data
at least every 5 business days;
(iii) Update the consent management application with any opt-out
or opt-in requests it has received from an HIE or directly from a person in
interest within 5 business days;
(iv) Withhold sharing or disclosure of the electronic health
information of a patient to the extent the consent
management application indicates that the patient has opted out of having
electronic health information shared or disclosed by an HIE, except to the
extent permitted by §A(2) of this regulation; and
(v)
Electronically notify authorized users when a patient has restricted data
sharing.
(5) An HIE shall implement the consent management application in
a manner that is consistent with this chapter, its existing policies and
procedures regarding use and disclosure of PHI and other personal identifiable
information, and its technological capabilities.
(7) An HIE shall
continue to manage local opt-outs locally.
(8) The
State-designated HIE shall promptly notify the Commission and all HIEs any time
the consumer management application is not operational and when services are
resumed.
(9) An HIE is not
required to comply with §D(4)(b) of this regulation when:
(a) An emergency exists
and all requirements under Regulation .11 of this chapter have been met; or
(b) The consent
management application is not operational.
(10) Section D of this regulation shall be in addition to any
restrictions on the disclosure of sensitive health information, consistent with
Regulation .04 of this chapter.
[D.] E. An HIE shall:
(1) (text unchanged)
(2) Implement and maintain compliance with the provisions detailed in Regulation .12A(1)(7), B(1)(2), and C(4)(b)(d) of this chapter in implementing [§D(1)] §E(1) of this regulation.
[E.] F. (text unchanged)
[F.] G. An HIE shall implement a process to allow a health care consumer to make an educated decision regarding the patient's participation in an HIE, opting out from such participation, or opting to resume participation in the HIE system, in accordance with this regulation.
(1) (text unchanged)
(2) An HIE [shall] may not disclose a patient's PHI if the health care consumer has submitted a written notice or request to [opt-out] opt out of the HIE in accordance with §(A)(2) of this regulation except as otherwise permitted under applicable law and in accordance with this chapter.
(3) An HIE [shall] may not disclose information derived from a patient's PHI, including for secondary use, if the health care consumer has submitted a written notice or request to [opt-out] opt out of the HIE, except as otherwise permitted under applicable law.
(4) An HIE may not unreasonably deny a health care consumer’s
expressed preferences.
[G.] H. The following requirements shall apply to all communications between an HIE and a health care consumer:
(1) (text unchanged)
(2) A health care consumer’s communication opting out or opting in to an HIE shall be made:
(a)—(b) (text unchanged)
(c) By telephone, if the HIE confirms the action with a written communication to the health care consumer in accordance with [§G(5)(a)] §H(5)(a) and (b) of this regulation.
(3) (text unchanged)
(4) An HIE shall implement the health care consumer's requested action within 5 business days of receipt of the health care consumer's written or online request concerning:
(a) [Opting-out] Opting out of the HIE; and
(b) Resuming participation in the HIE after previously [opting-out.] opting out.
(5)—(6) (text unchanged)
[H.] I. (text unchanged)
.04 Access, Use, or Disclosure of Sensitive Health Information.
A. Consistency with Disclosure Requirements Under Federal and State Law.
(1)—(3) (text unchanged)
(4) An HIE shall use only point-to-point transmission to allow access, use, or disclosure of the sensitive health information through an HIE, unless the HIE implements:
(a)—(b) (text unchanged)
(c) Health care consumer educational content:
(i) That is developed and established in coordination with [MHCC] the Commission and stakeholders;
(ii)—(iii) (text unchanged)
(5) (text unchanged)
B. Procedure for Disclosing or Re-disclosing of Part 2 Health Information.
(1) An HIE shall be in compliance with Part 2.
(2) A [health care provider] participating organization that is a Part 2 program, as that term is defined by Part 2, shall identify itself as such and clearly indicate [on] with all of its patient records [that such records may only be disclosed by point-to-point transmission through an HIE, if appropriate patient consent or authorization has been obtained, or as otherwise permitted by these regulations.] any limits on use or disclosure required by Part 2.
[(2)] (3) [A] An HIE or participating organization that receives Part 2 information may not re-disclose such information without appropriate patient consent or authorization[,] except as permitted by applicable federal and State laws and regulations.
[(3) A participating organization must maintain Part 2 records in accordance with applicable law.]
C. (text unchanged)
.08 Notice of Breach and non-HIPAA Violation.
A.—B. (text unchanged)
C. Notification to a Health Care Consumer.
(1) (text unchanged)
(a) (text unchanged)
(b) As specified as a preference by the health care consumer under Regulation [.03F(1)] .03H of this chapter.
(3)—(6) (text unchanged)
D. (text unchanged)
.10 Requirements for Accessing, Using, or Disclosing of Data Through an HIE for Secondary Use.
A. (text unchanged)
B. Population Health Management.
(1) (text unchanged)
(2) An HIE may disclose individually identifiable health information to a care management organization for purposes related to population health management, if:
(a) (text unchanged)
(b) Appropriate notice has been provided to health care consumers whose information is being requested, and either:
(i) (text unchanged)
(ii) An external and independent review committee has waived the need for the requesting entity to obtain authorization from those health care consumers who were provided appropriate notice, in accordance with Regulation [.02B(3)] .02B(4) of this chapter; and
(c) (text unchanged)
(3)—(4) (text unchanged)
C.—D. (text unchanged)
.13 Noncontrolled
Prescription Drugs
Dispenser Reporting.
A. For each noncontrolled prescription drug dispensed, the
dispenser shall report drug information to the State-designated HIE in
accordance with this regulation.
B. MHCC Noncontrolled Prescription Drugs Dispenser Data
Submission Manual.
(1) The Commission shall develop a MHCC Noncontrolled
Prescription Drugs Dispenser Data Submission Manual.
(2) The Commission shall approve a MHCC Noncontrolled
Prescription Drugs Dispenser Data Submission Manual by June 1 of each year to
be used for reporting by the last business day of September of the same
calendar year.
(3) The MHCC Noncontrolled Prescription Drugs Dispenser Data
Submission Manual shall minimally:
(a) Specify the data and prescription drug information that must
be submitted by dispensers to the State-designated HIE in accordance with this
regulation, including specifying the American Society for Automation in
Pharmacy (ASAP) standard;
(b) Specify the timeframe and frequency of data submissions to
the State-designated HIE;
(c) Require a dispenser to report data elements consistent with
the ASAP standard identified in MHCC Noncontrolled Prescription Drugs Dispenser
Data Submission Manual;
(d) Include electronic reporting specifications, encryption
algorithms, file layout, and the process for dispensers who are unable to
submit data due to mechanical, electrical, or other technical failure; and
(e) Align, to the extent possible, with the Maryland
Prescription Drug Monitoring Program Data Submitter User Guide.
(4) The Commission shall publish a draft Noncontrolled
Prescription Drugs Dispenser Data Submission Manual on the Commission’s website
and in the Maryland Register at least 30 days before the public meeting at
which the Commission shall consider the manual for final approval and provide
at least 20 days for the submission of public comment.
(5) The Commission shall consider all comments received before
final approval of the Noncontrolled Prescription Drugs Dispenser Data
Submission Manual.
(6) The Commission shall publish the final MHCC Noncontrolled
Prescription Drugs Dispenser Data Submission Manual on its website within 5 days of its approval.
(7) The State-designated HIE shall post a link to MHCC’s
Noncontrolled Prescription Drugs Dispenser Data Submission Manual prominently
on its website.
(8) The Commission may correct incomplete or erroneous
information in the MHCC Noncontrolled Prescription
Drugs Dispenser Data Submission Manual as necessary and shall provide
notice of each correction:
(a) On its website; and
(b) By email to the designated dispenser contact person.
C. Means of Data Submission and Data Format. A dispenser shall transmit noncontrolled
prescription drug information to the State-designated HIE:
(1) Consistent with the requirements detailed in the most recent
version of the MHCC Noncontrolled Prescription Drugs Dispenser Data Submission
Manual;
(2) By use of an encrypted electronic transmission method or a
secure electronic reporting form; and
(3) In a format or utilizing data standards approved by the
Commission.
D. Reporting Deadline.
(1) Unless granted a waiver under §F of this regulation, a
dispenser shall report to the State-designated HIE:
(a) The noncontrolled prescription drug information required by
the MHCC Noncontrolled Prescription Drugs Dispenser Data Submission Manual no
later than the end of the next day of operation after the prescription is
dispensed; or
(b) A zero report no later than the end of the next day of
operation after a day without dispenses of noncontrolled prescription drugs.
(2) A dispenser that suffers a mechanical, electrical, or other
technical failure that, as a direct consequence, precludes the dispenser’s
ability to report non-controlled prescription data electronically shall:
(a) Notify the State-designated HIE by a communication method
approved by the State-designated HIE within 24 hours of discovery of the
technical failure; and
(b) Submit a report for each noncontrolled prescription drug
dispensed during the period of technical failure as soon as possible, but no
later than 24 hours following reestablishment of the means of electronic
reporting.
E. Acceptance and Disclosure of Noncontrolled Prescription Drug
Information by the State-designated HIE.
(1)
The State-designated HIE shall:
(a)
Electronically collect noncontrolled prescription drug information from
dispensers;
(b)
Not impose any fees or other assessments on dispensers to support its
operation;
(c)
Make information technology available for dispensers to report noncontrolled
prescription drug information to the State-designated HIE; and
(d) Retain noncontrolled prescription drug information collected
pursuant to this section for at least 5 years from the date of receipt.
(2) The State-designated HIE may reject data submitted by
dispensers that does not comply with the requirements of the MHCC Noncontrolled
Prescription Drugs Dispenser Data Submission Manual.
(3) If the State-designated HIE rejects the data submitted by a
dispenser, the dispenser shall correct and resubmit the data no later than 7
business days after receiving notification from the State-designated HIE of
receipt of incomplete or inaccurate data.
(4) The State-designated HIE shall make patient-specific
prescription information submitted by dispensers under this section available
for purposes allowed under applicable law.
(5) Upon written request for public health purposes, the
State-designated HIE shall provide data collected under this regulation within 5
days to the Maryland Department of Health, local health departments, the
Commission, or the Health Services Cost Review Commission.
F. Dispenser waiver request process.
(1) Prior to September 1, 2025, dispensers of noncontrolled
prescription drug information are exempt from reporting dispensed information
to the State-designated HIE.
(2) A dispenser that dispenses noncontrolled prescription drugs
may seek a waiver from the Commission of the requirements in this regulation
based on:
(a)
Economic hardship;
(b)
Technology limitations that are not reasonably within the dispenser’s control;
(c)
Dispensing less than 100 noncontrolled prescription drugs annually; or
(d)
Other circumstances determined by the Commission to be extenuating.
(3) A request for a waiver shall be in writing and shall
include:
(a)
A detailed explanation of the need for the waiver;
(b)
An attestation as to the accuracy of the information in the waiver request; and
(c)
An attestation that the dispenser shall immediately inform the Commission if
the circumstances necessitating a waiver no longer exist.
(4) Within 45 days after receipt of complete information from a
dispenser requesting a waiver, the Commission shall:
(a) Grant a time-limited waiver request; or
(b) Deny the waiver request, with an explanation that enumerates
the reasons for the denial.
(5) A dispenser shall inform the Commission and immediately
begin reporting in compliance with this regulation if the dispenser no longer
meets the conditions of a waiver request.
.14
Operation of the State-designated HIE as a Health Data Utility.
A. The State-designated HIE shall operate as a health data
utility for the State.
B. The State-designated HIE shall implement a consent management
application in accordance with Regulation .03D of this chapter.
C. Disclosures by the State-designated HIE.
(1) Except as otherwise prohibited under this chapter or State
or federal law, the State-designated HIE shall transmit clinical information or
electronic health care transactions to the Maryland Department of Health, the
Commission, or the Health Services Cost Review Commission for public health
purposes upon written request.
(2) The State-designated HIE may not redisclose financial
information in electronic health care transactions it receives in accordance
with COMAR 10.25.07.09 to any person other than the Commission.
(3) Maryland Medical Care Data Base.
(a) The State-designated HIE shall be designated as a reporting
entity to the Maryland Medical Care Data Base.
(b) The State-designated HIE shall report the electronic health
care transactions information it receives pursuant to COMAR 10.25.07.09 to the
Medicare Care Data Base in accordance with the reporting requirements found in
COMAR 10.25.06.
(4) The State-designated HIE shall:
(a) Develop a process in which requests for data are submitted
and data are shared, and post this information on its website; and
(b) Provide a written explanation for a denial of a request
which shall include an appeal process.
D. The State-designated HIE shall consult with the Maryland
Department of Health, the Commission, and Health Services Cost Review
Commission before identifying any specific purposes, type of data exchanged,
and rules for interaction between users and the State-designated HIE pertaining
to:
(1) A State health improvement program;
(2) Mitigation of a public health emergency;
(3) Improvement of patient safety; and
(4) Any other public health priorities identified by the
Secretary.
E. Consumer Advisory Council.
(1) The State-designated HIE shall establish a Consumer Advisory
Council in accordance with Health-General Article, §19-145, Annotated Code of
Maryland.
(2) The State-designated HIE shall:
(b) Post advance notice
of council meetings on its website, including an expected agenda; and
(c) Require the
Consumer Advisory Council to comply with the requirements of the Maryland Open
Meetings Act as if it were a public body.
RANDOLPH S. SERGENT, Esq.
Chair
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 15 MOTOR VEHICLE ADMINISTRATION—VEHICLE REGISTRATION
11.15.16 Issuance, Renewal, Display, and Expiration of Registrations
Authority: Transportation Article, §§12-104(b), 13-410, 13-412, and 13-413, Annotated Code of Maryland
Notice of Proposed Action
[24-121-P]
The Motor Vehicle Administration proposes to amend Regulation .05
under COMAR 11.15.16 Issuance, Renewal, Display, and Expiration of
Registrations.
Statement of Purpose
The purpose of this action is to allow the option of a 3-year vehicle registration.
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 Tracey C. Sheffield, Regulations Coordinator, MVA, 6601 Ritchie Highway N.E. Room 200 Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.maryland.gov. Comments will be accepted through January 2, 2025. A public hearing has not been scheduled.
.05 Multi-Year Registrations — Staggered Classes.
A. [Two-Year Registration.] Each new vehicle registration plate issued in conjunction with the titling of a vehicle or a registration renewal[, except for the vehicle classes specified in §B of this regulation,] shall be for a [2-year] period [of up to] not to exceed 3 years, unless otherwise approved by the Administration.
[B. 1-Year Registration. Each new vehicle registration plate issued in conjunction with the titling of a vehicle or a registration renewal shall be issued for a 1-year period for the following classes of vehicles:
(1) Class E, trucks 10,000 pounds or over in gross vehicle weight;
(2) Class F, tractors;
(3) Class J, van pool;
(4) Class P, passenger buses;
(5) Class T, tow trucks;
(6) Class M, bus; and
(7) Other vehicle classes as approved by the Administration.]
[C.] B. (text unchanged)
[D.] C. Refund of Registration Fees.
(1) If a registration issued under this regulation is cancelled before the beginning of [the second full year] the start of a new registration year, the Administration shall refund the fees paid for [the second registration year] any unused registration year.
[(2) Requests for refunds shall be submitted in writing
after the cancellation of the registration and before the first day of the
second registration year.]
[(3)] (2)
[If a request for a refund is submitted for a registration that is
flagged, suspended, or flagged and suspended where a fee is required prior to
release of the flag, suspension, or both, the] The Administration
may not process [the request] a refund if the registration is
flagged or suspended until the flag is released and or the suspension is
withdrawn.
[(4)] (3) (text unchanged)
CHRISTINE NIZER
Administrator
Subtitle 18 MOTOR VEHICLE ADMINISTRATION—FINANCIAL RESPONSIBILITY REQUIREMENTS
11.18.04 Reporting Requirements for Lapse or Termination of Required Security
Authority: Transportation Article, §§12-104(b), 17-101, 17-103, 17-104, and 17-106; Insurance Article, §27-611; Annotated Code of Maryland
Notice of Proposed Action
[24-152-P]
The Administrator of the Motor Vehicle Administration proposes to amend
Regulations .01—.03 and adopt new Regulation .04 under COMAR
11.18.04 Reporting Requirements for Lapse or Termination of Required Security.
Statement of Purpose
The purpose of this action is to:
(1) Update reporting requirements for lapse or termination of required security and to alter the penalty for failing to maintain required security requirements pursuant to Ch. 857 (H.B. 1482), Acts of 2024; and
(2) Establish guidelines for the mandatory electronic Online Insurance Verification (OLV) program ran by the Administration for the purpose of verifying insurance policies in real time pursuant to Ch. 73 and Ch. 74 (H.B. 299 and S.B. 254), Acts of 2024.
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 Tracey C. Sheffield, Regulations Coordinator, MVA, 6601 Ritchie Highway NE, Room 102 Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.maryland.gov. Comments will be accepted through January 2, 2025. A public hearing has not been scheduled.
.01 Scope.
These regulations apply to mandatory electronic reporting of [lapses, terminations, reinstatements, and new] policies of security and the mandatory electronic Online Insurance Verification (OLV) program operated by the Administration for the purpose of verifying insurance policies in real time [required by Transportation Article, §§17-104(c) and 17-106, Annotated Code of Maryland].
.02 Definitions.
A. (texted unchanged)
B. Terms Defined.
(1)—(2) (text unchanged)
(3) [“Immediately” means by the close of business on the next business day.
(4) “Lapse or termination” means interruption of continuous coverage caused by the failure of an insurer to renew the security required by Transportation Article, §17-103(b), Annotated Code of Maryland.]“Insurance companies” or “insurer” means licensed Maryland providers of required security as defined in Transportation Article, §17-101, Annotated Code of Maryland.
(4) “Online Insurance Verification (OLV)” means a program
operated by the Administration for the purpose of verifying insurance policies
in real time.
(5) “Policy” or “Policies” means a vehicle policy or binder for required security as defined by Transportation Article, §17-101(d), Annotated Code of Maryland, issued by an insurer or other provider of required security.
.03 Reporting Guidelines.
A. Required Reporting.
[(1) Except as provided in §A(2) of this regulation, insurance companies shall immediately report, in an electronic format determined by the Administration:
(a) New policies;
(b) Lapses;
(c) Terminations;
(d) Reinstatements, and
(e) Policy changes as specified under §B of this regulation.
(2) Insurance companies shall report, in an electronic format determined by the Administration, fleet policy coverage changes every 30 days, to include:
(a) Company additions or deletions; and
(b) Policy number changes.
(3) If an insurance company does not have any new polices, lapses,
terminations, reinstatements, or policy changes as specified under §B of this
regulation, the insurance company shall submit a report of no business by the
close of business on the last business day of the month.]
Insurance companies shall report on at least a weekly basis and according to the timeline determined by the Administration, all active policies in an electronic format determined by the Administration.
B. Except for fleet policies as provided in [§A(2)] §C of this regulation, notifications of all [new] policies, [lapses, terminations, and reinstatements by an insurer] shall include:
(1) (text unchanged)
(2) The Maryland driver's license number [or date of birth of the insured] of the insured or FEIN if the insured is a business;
(3)—(5) (text unchanged)
(6) The current policy number; and
(7) The effective date of the policy.[and
(8) If applicable:
(a) (text unchanged)
(b) A type code, in a format required by the Administration,
explaining the reason for the termination or lapse of coverage.]
C. For fleet policies, reporting shall include:
(1) Company additions and deletions; and
(2) Policy number changes.
[C.] D. Rejected Notifications.
(1) The Administration shall reject notifications of all active [new] policies[, lapses, terminations, and reinstatements] which do not include all of the items specified in §B of this regulation.
(2) The insurer shall resubmit notifications rejected under the provisions of [§C(1)] §D(1) of this regulation to the Administration [as soon as practicable] by the date of the next regular file submission.
[D.] E. The insurer shall provide, at each occurrence when the required security will terminate or be canceled, timely notification to the insured of the penalties that may be imposed by the Administration in accordance with Transportation Article, §17-106, Annotated Code of Maryland, for their failure to return evidence of registration when the required security has ended and is not replaced. The notice shall include the following statements:
(1) (text unchanged)
(2) “Failure to return the registration plates may result in an uninsured motorist penalty fine which is assessed at a rate of [$150] $200 for the first 30 days and is increased by $7 each day thereafter until the insurance is replaced or the registration plates are returned. The uninsured motorist penalty fine is assessed per vehicle.”
[E.] F. (texted unchanged)
.04 Online
Insurance Verification Participation and Program Requirements.
A. Required
Participation. All insurance companies shall:
(1) Participate in the Administration’s
OLV program; and
(2) Support a program where the Administration can
electronically access the book of business of insured vehicles at any time.
B. Program
Requirements. The OLV Program will consist of the following:
(1) The Administration will electronically send an inquiry to an
insurance company in real time which will include information required by the
Administration.
(2) Insurance companies shall use the data provided by the
Administration to determine the policy status on the verification date and
return an electronic response, automatically, in real time to the
Administration in an electronic format determined by the Administration.
(3) The response from the insurance company shall be used to
validate or remove the existing policy in the records of the Administration.
(4) The Administration will determine the status of a reported
insurance policy at intervals determined by the Administration.
CHRISTINE NIZER
Administrator
Title 13A
STATE BOARD OF EDUCATION
Subtitle 06 SUPPORTING PROGRAMS
13A.06.10 Purple Star Schools Program
Authority: Education Article, §§2-205 and 7-129, Annotated Code of Maryland
Notice of Proposed Action
[24-171-P]
The State Board of Education proposes to amend Regulation .02
under 13A.06.10 Purple Star Schools Program. This action was considered by the State Board
of Education at their September 24, 2024 meeting.
Statement of Purpose
The purpose of this action is to add dependents of members of the National Guard of any other state to the definition of military-connected student to align with the same amendment to Education Article §7-129, Annotated Code of Maryland.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Mary L. Gable, Assistant State Superintendent, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0472, or email to doss.msde@maryland.gov. Comments will be accepted through January 2, 2025. 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 January 28, 2025 at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.
13A.06.10 Purple Star Schools Program
A.(text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “Military-connected
student” means a student who is a dependent of:
(a) A current member of:
(i)—(iii) (text unchanged)
(iv) The Maryland National
Guard; [or]
(v) The National Guard of any
other State; or
[(v)] (vi) (text unchanged)
(b) (text unchanged)
CAREY M. WRIGHT, ED.D.
State Superintendent of
Schools
13A.08.01 General Regulations
Authority: Education Article, §§2-205, 7-101, 7-101.1, 7-301, 7-301.1, 7-303—7-305, 7-305.1, 7-307, 7-308, and 8-404, Annotated Code of Maryland; Ch. 273, Acts of 2016; Federal Statutory Reference: 20 U.S.C. §§1232g and 7912
Notice of Proposed Action
[24-175-P]
The State Board of Education proposes to amend Regulation .17
under COMAR 13A.08.01 General Regulations. This action was considered by the State Board
of Education at their October 22, 2024 meeting.
Statement of Purpose
The purpose of this action is to ensure that reportable offense information is shared with another LEA or non-public school in the event that a student with a reportable offense transfers from the LEA that was informed of the student’s reportable offense.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Mary L. Gable , Assistant State Superintendent, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0472, or email to doss.msde@maryland.gov. Comments will be accepted through January 2, 2025. 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 January 28, 2025 at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.
.17 School Use of Reportable Offenses.
A.—E. (text unchanged)
F. Confidentiality of Information and Retention of Documents.
(1) (text unchanged)
(2) If the disposition of the reportable offense was a conviction or an adjudication of delinquency, or the criminal charge or delinquency petition is still pending, a local superintendent or school principal [may] shall transmit the information obtained under this regulation as a confidential file to the local superintendent of another local school system or to another nonpublic school in the state in which the student has enrolled or has transferred, to carry out the purposes of this regulation.
(3)—(5) (text unchanged)
G.—J. (text unchanged)
CAREY M. WRIGHT, ED.D.
State Superintendent of
Schools
Title 15
MARYLAND DEPARTMENT OF AGRICULTURE
Subtitle 03 WEIGHTS AND MEASURES
15.03.09 Approval and Type Evaluation Requirements
Authority: Agriculture Article, §§11-204.1 and 11-207.1, Annotated Code of Maryland.
Notice of Proposed Action
[24-109-P]
The Maryland Department of Agriculture proposes to amend
Regulation .05 under COMAR 15.03.09 Approval and Type Evaluation
Requirements.
Statement of Purpose
The purpose of this action is to amend the current fee structure for services provided to manufacturers during the approval and type evaluation process. The fee increase will ensure the Maryland NTEP lab stays competitive with other state.
Estimate of Economic Impact
I. Summary of Economic Impact.
The economic impact on manufacturing industry will be minimal. The fee increase will keep Maryland’s NTEP lab fee structure the comparative to competing labs enabling manufactures to choose a lab within the same locality of the operations or based off expertise versus fees.
II. Types of Economic Impact.
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
A. On issuing agency: |
|
|
Maryland Department of Agriculture |
(R+) |
Minimal |
B. On other State agencies: |
NONE |
|
|
|
|
C. On local governments: |
NONE |
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
D. On regulated industries or trade groups: |
NONE |
|
|
|
|
E. On other industries or trade groups: |
NONE |
|
|
|
|
F. Direct and indirect effects on public: |
NONE |
|
|
|
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. The proposed action will increase revenue for the special funds of the Maryland Department of Agriculture, and will be used to fund lab operations which is underfunded and provides a necessary service to industry. The fee increases would allow the lab to charge for services rendered that are comparable to other NTEP labs throughout the country.
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 Alison L Wilkinson, Chief of Weights and Measures, Maryland Department of Agriculture, 50 Harry S Truman Parkway, Annapolis, Maryland 21401, or call (410) 841-2706 , or email to alison.wilkinson@maryland.gov. Comments will be accepted through January 2, 2025. A public hearing has not been scheduled.
.05
Fees.
A.—B. (text unchanged.)
C. For performing type
evaluation under either the State or National Program, the Secretary shall
charge the following fees:
(1) Technical services and
evaluations — [$100] $150 per hour;
(2) Environmental chamber
services — [$350] $450 per device;
[(3) Endurance testing — $125 per device;]
[(4)] (3) (text unchanged)
[(5) Vapor or flow meter standards — $50 per
device;]
[(6)] (4) Trailer-mounted
provers, 200 gallon capacity — [$50] $75 per day plus [35]
45 cents per mile;
[(7)] (5) Trailer-mounted
provers, [1480] 1000-gallon capacity — [$125] $200
per day plus [45] 65 cents per mile;
[(8)] (6) Large scale test unit —
[$300] $400 per day plus [$2] $3 per
mile;
[(9)] (7) Van or sedan — [65]
67 cents per mile;
[(10)] (8) 1-ton truck — [75
cents] $1 per mile; and
[(11)] (9) Travel costs — [Full]
$100 per hour full reimbursement from Annapolis, Maryland[.],
and daily Maryland per diem for meals.
STEVEN A. CONNELLY
Deputy Secretary
15.03.11 Fees Charged to Test Standards and Other Equipment Used by Technicians
Authority: Agriculture Article, §§11-204.1 and 11-207.1, Annotated Code of Maryland
Notice of Proposed Action
[24-110-P]
The Maryland Department of Agriculture proposes to amend
Regulations .02—.05, .08—.12, and .15 under COMAR 15.03.11
Fees Charged to Test Standards and Other Equipment Used by Technicians.
Statement of Purpose
The purpose of this action is to amend the metrology lab fee structure for services offered to certify industry standards in existing regulation. The fee increase will benefit the special funded metrology program and will continue to enable regulated industry an in-state lab to have standards certified as required in regulation. The fee structure is similar to that of surrounding state labs that offer metrology services.
Estimate of Economic Impact
I. Summary of Economic Impact. The economic impact on the regulated industry is expected to be minimal and is expected to be comparable to surrounding states.
II. Types of Economic Impact.
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
A. On issuing agency: |
|
|
Maryland Department of Agriculture |
(R+) |
Minimal |
B. On other State agencies: |
NONE |
|
C. On local governments: |
NONE |
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
D. On regulated industries or trade groups: |
|
|
Registered Service Agency |
(+) |
Minimal |
E. On other industries or trade groups: |
NONE |
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A(1). The bill will increase revenue for the special funds of the Maryland Department of Agriculture, metrology lab operations that provides a necessary service to industry. The fee increases would allow the lab to charge for services rendered that are comparable to other state metrology labs.
D(1). Regulated Industries. This amendment would increase the metrology lab fees to certify standards used by regulated industry. The fee increase is minimal and is expected to be a benefit as the metrology lab can continue to provide these services to regulated industry within the State of Maryland.
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 Alison L Wilkinson, Chief of Weights and Measures, Maryland Department of Agriculture, 50 Harry S Truman Parkway, Annapolis, Maryland 21401, or call 410-841-2706 , or email to alison.wilkinson@maryland.gov. Comments will be accepted through January 2, 2025. A public hearing has not been scheduled.
.02
Cast Iron and Steel Weights — [Class F Tolerances] NIST Class F/ASTM Class
5,6,7.
The Department shall charge the following fees to test cast iron and steel weights ([Class F tolerances]NIST Class F/ASTM Class 5,6,7):
A. If the weight is less
than or equal to [30 kilograms (66 pounds)] 50 pounds or 20
kilograms, the fee is [$9] $12 a unit;
B. If the weight is greater
than [30 kilograms (66 pounds)] 50 pounds but less than or
equal [to 600 kilograms (1,300 pounds)] 1,000 pounds, the
fee is $28 a unit; and
C. If [the] a
weight [is greater than 600 kilograms (1,300 pounds) but less than or
equal to 1,100 kilograms (2,500 pounds), the fee is $50 a unit;] requires
adjustment, the adjustment fee is $9 a unit.
[D. If the weight is greater than 1,100
kilograms (2,500 pounds) but less than or equal to 2,200 kilograms (5,000
pounds), the fee is $69 a unit;
E. If the weight is greater
than 2,200 kilograms (5,000 pounds), but less than or equal to 4,500 kilograms
(10,000 pounds), the fee is $115 a unit; and
F. If data is included with
the certificate of conformance, the fee is $2 a unit.]
.03
[Class F Tolerances —] Test Weight Sets— NIST Class F/ASTM Class 5,6,7.
The Department shall charge the following fees to test a Class F
tolerances test weight set provided, however, that the set does not have a
total capacity that is greater than [35 kilograms (77 pounds)] 50 pounds or
20 kilograms:
A. If the number of weights in the set is less than or equal to 18, the fee is [$57] $80 a set;
B. If the number of weights in the set is greater than 18 but less than or equal to 36, the fee is [$80] $120 a set;
C. If the number of weights in the set is greater than 36 the fee is [$3] $5 a unit; and
D. [If data is included with the certificate of conformance, the fee is $2 a unit] If a weight requires adjustment, the adjustment fee is $9 a unit.
.04
Other Weighing Services — NIST Class F/ASTM Class
5,6,7
The Department may provide other weighing services not otherwise
noted in this chapter at a rate of [$50] $75 an hour.
.05 Equipment
Refurbishing.
If equipment needs refurbishing before it can be tested and if the
Department agrees to refurbish the equipment, the Department shall do this work
at the rate of [$52] $60 an hour[ plus an additional $10 for
shop materials].
.08 Other Services Related to Laboratory Standards of Mass.
The Department shall provide other services related to laboratory
standards of mass at a rate of [$75] $100 an hour.
.09 Volumetric Field Standards—Volume Transfer.
The Department shall charge the following fees to test volumetric
field standards:
A. If the standard is less
than or equal to 5 gallons [(20 liters)], the fee is [$30]
$45 a unit;
B. If the standard is
greater than 5 gallons [(20 liters)] but less than or equal to [26]
20 gallons [(100 liters)], the fee is [$50] $70 a unit;
C. If the standard is
greater than [26] 20 gallons [(100 liters)]
but less than or equal to [264] 200 gallons [(1,000
liters)], the fee is [$110] $180 a unit; and
[D. If the standard is greater than 264 gallons
(1,000 liters) but less than or equal to 1,321 gallons (5,000 liters), the fee
is $200 a unit;
E. If the standard is
greater than 1,321 gallons (5,000 liters), the fee is $250 a unit; and]
[F] D. If the standard is for
measuring liquefied petroleum gas between 20 gallons and 125 gallons, the fee
is [$250] $350.
.10
Other Volumetric Calibrations—Volume Transfer.
The Department shall perform other volumetric calibrations not
otherwise noted in this chapter at a rate of [$50] $75 an hour.
.11
Volumetric Laboratory Standards—Gravimetric.
The Department shall charge the following fees to test volumetric
laboratory standards:
A. If the standard is less
than or equal to [4 liters (1 gallon)],1 gallon the fee is
$38 each;
B. If the standard is
greater than [4 liters (1 gallon)] 1 gallon but less than
or equal to [40 liters (11 gallons)] 5 gallons, the fee is
[$112] $120 each.[; and
C. If the standard is
greater than 40 liters (11 gallons) but less than or equal to 400 liters (110
gallons), the fee is $250.]
.12 Other Volumetric Calibrations—Gravimetric.
The
Department shall perform other volumetric calibrations not otherwise noted in
this chapter at a rate of [$45] $100 an hour.
.15 Linear Measures [and Surveyor Tapes] Testing.
The Department shall test linear measures at the following rates:
A. The fees for testing
shall be $15 [a unit (each interval)] each test point; and
[B. The fee for testing tapes shall be $15 a
unit (each interval); and
C] B. (text
unchanged)
STEVEN A. CONNELLY
Deputy Secretary
15.03.11 Qualifications for Registration of a Service Technician and Service Agency
Authority: Agriculture Article, §11-203(a)(3), Annotated Code of Maryland
Notice of Proposed Action
[24-111-P]
The Maryland Department of Agriculture proposes to amend
Regulations .04—.07 under COMAR 15.03.11 Qualifications for
Registration of a Service Technician and Service Agency.
Statement of Purpose
The purpose of this action is to amend the current fee structure for the registration of regulated service agencies, their technicians, and set appropriate fees to administer the mandatory class and testing. Increasing fees will enable materials to be printed and distributed such as test and training materials, printing and mailing of certificates, and technician cards.
Estimate of Economic Impact
I. Summary of Economic Impact. The economic impact on the regulated industry is expected to be minimal and is expected to be comparable to surrounding states.
II. Types of Economic Impact.
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
A. On issuing agency: |
|
|
Maryland Department of Agriculture |
(R+) |
Minimal |
B. On other State agencies: |
NONE |
|
C. On local governments: |
NONE |
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
D. On regulated industries or trade groups: |
|
|
Registered Service Agency |
(+) |
Minimal |
E. On other industries or trade groups: |
NONE |
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
The bill will increase revenue for the special funds of the Maryland Department of Agriculture, assisting the Registered Service Agency Program for mandatory training, testing, and issuing of certificates and cards to regulated industry. This will benefit the industry as training and subject materials are provided.
This proposed action would increase the fees charged to register agencies, their technicians, and administer the mandatory class and test. The overall impact is expected to be minimal and similar to other states fee structures.
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 Alison L Wilkinson, Chief of Weights and Measures, Maryland Department of Agriculture, 50 Harry S Truman Parkway, Annapolis, Maryland 21401, or call 410-841-2706 , or email to alison.wilkinson@maryland.gov. Comments will be accepted through January 2, 2025. A public hearing has not been scheduled.
.04
Qualifications for Registration.
A. Registered Service
Technician. An applicant seeking to become a certified service technician
shall:
(1) Except as provided in §B
of this regulation, pass a written examination for each type of weighing and
measuring device the applicant intends to install, service, [or] repair[;], or
pass and provide certification of National Council on Weights and Measures
Registered Service Agency Exams.
(2)—(4) (text unchanged)
B.—C. (text unchanged)
.05 Notice of Pass or Fail.
A. The Department shall
notify the applicant of the examination results for each type of weighing and
measuring device for which the applicant tested.
B. An applicant who fails
and wants to retake an examination shall pay a [$10] $25
reexamination fee.
.06 Additional Examinations following Certification.
A service technician possessing a current certificate of
registration from the Department may take additional examinations for other
types of weighing and measuring devices. The certified service technician shall
submit to the Department, before the testing date, a [$10] $25
examination fee in the form of a check or money order.
.07 Certificate of Registration Fee.
A. (Text unchanged).
B. A qualified person
seeking a certificate of registration shall pay to the Department one of the
following fees for the appropriate type of registration for which certification
is sought:
(1) [$50] $75
for a service technician certificate; or
(2) [$200] $250
for a service agency certificate.
C.—D. (text unchanged)
STEVEN A. CONNELLY
Deputy Secretary
Title 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY
Notice of Proposed Action
[24-156-P]
The Maryland State Lottery and Gaming Control Agency proposes to:
(1) Amend Regulations .01—.06 under COMAR 36.01.01 General;
(2) Amend Regulations .01—.06, and .08 under COMAR 36.01.03 Voluntary Exclusion and Responsible Gaming;
(3) Amend Regulation .01 and adopt new Regulation .02 under COMAR 36.02.01 General;
(4) Amend Regulations .01—.10 under COMAR 36.02.02 Retailer Licensing;
(5) Amend Regulation .01, adopt new Regulations .02 —.05, amend and recodify existing Regulations .02—.11 to be Regulations .06 —.15, and repeal existing Regulation .12 under COMAR 36.02.03 Retailer Requirements;
(6) Amend Regulations .01—.07 and repeal existing Regulation .08 under COMAR 36.02.04 Common Provisions for All Lottery Games;
(7) Amend Regulations .01—.04 under COMAR 36.02.05 Specific Game Provisions;
(8) Amend Regulations .01 and .02 under COMAR 36.02.07 Unclaimed Lottery Prizes; and
(9) Amend Regulations .01—.05 under COMAR 36.02.09 Special Operation Licenses for Instant Ticket Lottery Machines.
This action was
considered at the Maryland Lottery and Gaming Control Commission open meeting
held on September 26, 2024, notice of which was given pursuant to General
Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
Under COMAR 36.01.01 General Provisions:
(1) Add a number of definitions used elsewhere in the Agency’s regulations for consistency, and simplify other regulations
(2) Update and simplify the rules of construction for regulations by cross-referencing to existing law;
(3) Align these regulations with current terminology and industry practice; and
(4) Update and clarify ethical issues that will be included in the revised Code of Conduct for Commissioners and Staff;
Under COMAR 36.01.03 Voluntary Exclusion and Responsible Gaming:
(1) Simplify some cumbersome language regarding self-exclusion from multiple types of gaming activities and add a definition;
(2) Clarify the expanded gaming activities offered in Maryland and how to self-exclude from each;
(3) Remove extraneous language and make regulations consistent with the Style Manual for Maryland Regulations;
(4) Ensure regulations are consistent with the Style Manual and address a statutory change requiring disclosure of certain anonymized information to the Maryland Department of Health; and
(5) Make the language in the regulation consistent with revised definitions
Under COMAR 36.02.01 General:
(1) Bring lottery terminology in line with current systems and industry practices; and
(2) Describe how organizations may submit a request for the Agency to sponsor an event
Under COMAR 36.02.02 Retailer Licensing:
(1) Update definitions consistent with the Style Manual and for accuracy;
(2) Remove a superfluous word for consistency with the definitions;
(3) Update the list of prohibited acts by a licensed retailer consistent with statute
(4) Specify that applications are submitted electronically and update the criteria the Agency considers when deciding whether to issue a license;
(5) Provide further information on bonds that may be required before or after licensing as required by statute;
(6) Ensure regulations are written for style, clarity, and consistency;
(7) Clarify the procedures and requirements of a corrective action plan, including what is within the discretion of the Agency to permit; and
(8) Expand and update the list of impermissible acts by a retailer, identify sanctions the Agency may impose, and identify a retailers’ rights after sanctions have been imposed.
Under COMAR 36.02.03 Retailer Requirements:
(1) Ensure formatting changes are aligned with the Style Manual;
(2) Clarify and identify obligations of a lottery retailer;
(3) Reorganize retailer prohibitions that were located elsewhere in the regulations;
(4) Reorganize permissible sales of lottery tickets that were located elsewhere in the regulations;
(5) Renumber an existing regulation because of the reorganization of content in the newly created Regulations, and update terminology;
(6) Describe the Agency’s use of tools to assist with identifying unusual claims;
(7) Renumber an existing regulation, update terminology and clarify that the Director has discretion in considering whether a retailer may participate in the Expanded Cashing Authority Program;
(8) Clarify the process for retailer compliance with The Americans with Disabilities Act (ADA);
(9) Renumber existing regulations, update terminology, and describe what constitutes a change in ownership of a lottery retailer’s business; and
(10) Repeal regulation as it is reorganized into new Regulations.
Under COMAR 36.02.04 Common Provisions for All Lottery Games:
(1) Add changes to clarify and update language consistent with the Style Manual;
(2) Clarify and update liability limits for draw games; and
(3) Repeal a regulation as it is no longer applicable.
Under COMAR 36.02.05 Specific Game Provisions, clarify and update terminology to align with current industry practices and technology.
Under COMAR 36.02.07 Unclaimed Lottery Prizes, clarify and update terminology.
Under COMAR 36.02.09 Instant Ticket Lottery Machines:
(1) Identify the applicable statutory provision; and
(2) Clarify and update terminology and cross-references.
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: James B. Butler,
Assistant Deputy Director, Chief of Staff, Maryland Lottery and Gaming Control
Agency, 1800 Washington Blvd., Suite 330, Baltimore, MD 21230, or call
410-230-8781, or email to jbutler@maryland.gov.
Comments will be accepted through January 2, 2025. A public hearing has not
been scheduled.
Subtitle 01 GENERAL PROVISIONS
36.01.01 General
Authority: State Government Article, §§9-101—9-111, 9-116, 9-123, 9-1A-01, 9-1A-02, 9-1A-04, 9-1A-24, 9-1D-01, 9-1E-01, 9-1E-04, [and] 10-205, and 10-219, Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) Cash.
(a) “Cash” means coins, U.S. currency, money orders, debit cards, [and] checks, gaming chips, gaming tickets, vouchers, or prepaid cards issued or approved by the Agency.
(b) (text unchanged)
(3)—(4) (text unchanged)
(5) Direct Exclusion.
(a) “Direct exclusion” means
the process by which a fantasy competition operator, mobile sports wagering
licensee, or online sports wagering operator licensee allows an individual to
self-exclude from a gaming platform.
(b) “Direct exclusion” does
not include:
(i) Voluntary exclusion under
COMAR 36.01.03; or
(ii) Mandatory exclusion
under COMAR 36.03.07 or COMAR 36.10.10.
[(5)] (6) “Director” means the Director of the Agency and includes the Director’s [designees] designee.
(7) “Fantasy competition” has
the meaning stated in State Government Article, § 9-1D-01, Annotated Code of
Maryland.
(8) “Fantasy competition
operator” has the meaning stated in State Government Article, § 9-1D-01,
Annotated Code of Maryland.
(9) “Fantasy competition
platform” has the meaning stated in COMAR 36.09.01.02
[(6)] (10) (text unchanged)
[(7)] (11) “Final action on a sanction” means:
(a) [If after the Director sends a deficiency notice] The Commission adopts the Director’s deficiency notice under COMAR 36.02.02, 36.03.04, 36.06.05, 36.07.02, 36.03.03 or 36.10.08, and a licensee fails to submit a timely, acceptable corrective action plan[, and the Commission adopts as final the Director’s deficiency notice];
(b) [If the Commission holds] The date of the Commission’s written decision after a hearing on the Director’s recommendation to impose a sanction[, the date of the Commission’s written decision]; or
(c) If a licensee seeks judicial review of the Commission’s sanction, the most recent date of:
(i) [The] A decision of the Office of Administrative Hearings;
(ii) A final [judgement] judgment under Maryland Rule 2-601; or
(iii) (text unchanged)
[(8)] (12) Gaming Activity.
(a) “Gaming activity” means play of a game, device, or machine that is regulated by the Agency[.
(b) “Gaming activity” includes activities described in COMAR 36.06 — COMAR 36.10.] which is:
(i) Lottery, under COMAR
36.02;
(ii) Video lottery terminals,
under COMAR 36.03;
(iii)Table games, under COMAR
36.05;
(iv) Electronic gaming
devices, under COMAR 36.06;
(v) Instant bingo machines in
Anne Arundel or Calvert Counties, under COMAR 36.07;
(vi) Fantasy competitions,
under COMAR 36.09; and
(vii) Sports wagering, under
COMAR 36.10.
[(9)] (13) “Gaming law” means State Government Article, Title 9, Subtitle 1A, Annotated Code of Maryland.
(14) Gaming Platform.
(a) “Gaming platform” means hardware and software used for a
website, application, or other platform which is accessible via the internet or
mobile, wireless, or similar communications technology that allows players to
participate in a gaming activity.
(b) “Gaming platform” includes a sports wagering platform and a
fantasy competition platform.
(15) “Gaming ticket” has the
meaning stated in COMAR 36.03.10.02.
[(10)] (16) (text unchanged)
(17) Lottery Game.
(a) “Lottery game” means a
game, activity, or other activity that is approved or offered by the Agency for
consideration to win a prize by chance in which the:
(i) Only direct or personal
participation by a player is the player’s purchase or receipt of a ticket;
(ii) Chance to win is
determined at random; and
(iii) Proceeds benefit the
State.
(b) “Lottery game” does not
include [Unless]unless otherwise specified by the Director, a promotion.
[(11)] (18) (text unchanged)
(19) “Online platform” means
an interface using the internet that provides an individual the opportunity to
engage in an authorized gaming activity, promotion, or loyalty rewards program.
[(12)] (20) “Player” means a person who participates in [lottery or] gaming activity.
[(13) Person.
(a)] (21) (text unchanged)
[(b) “Person” within COMAR 36.02, may include a group of two or more individuals that are playing or claiming together.]
(22) Prize.
[(14)] (a) “Prize” means:
[(a)] (i) (text unchanged);
[(b)] (ii) Merchandise; [or]
(iii) A ticket; or
[(c)] (iv) [An experiential award, such as:] A experience that is a trip;
[(i) A trip; or]
[(ii)] (v) (text unchanged)
[(iii)] (vi) A designated activity involving personal participation.
(b) “Prize” may include a
combination of § B(22)(a)—(d) of this regulation.
[(15)] (23) “Retailer” or “Lottery retailer” means a [business or] person who has been licensed by the Agency to sell [lottery] tickets.
(24) “Share” or “lottery
share” means a ticket in which one or more individuals have an ownership
interest.
[(16)] (25) (text unchanged)
[(17)] (26) (text unchanged)
[(18) “Submit” means to deliver a document:
(a) In a manner that ensures its receipt by the party to whom it is addressed; and
(b) Which is considered complete only upon actual receipt by that party.]
(27) “Sports wagering
platform” has the meaning stated in COMAR 36.10.01.02.
[(19)] (28) “State obligation” means [moneys] money owed [pursuant to] under:
(a) (text unchanged)
(b) Family Law Article, §10-113.1(a), Annotated Code of Maryland; [or]
(c) State Finance and Procurement Article, §3-307, Annotated Code
of Maryland[.] ; or
(d) Any other State law.
(29) “Submit” means to
deliver a document:
(a) In a manner that ensures
its receipt by the party to whom it is addressed; and
(b) Which is considered
complete only upon actual receipt by that party.
[(20)] (30) “Table games” means:
(a) [Roulette, baccarat, blackjack, craps, big six wheel, poker, pai gow, and sic bo shakers, pai gow tiles, any variation and composites of such games, and other games] A game or composite of a game that the Commission has approved for play in a video lottery facility; and
(b) [Gaming tournaments] A gaming tournament in which players compete against one another in [one or more of the games authorized under §B(147(a) of this regulation] a table game event.
[(21)] (31) “Ticket” [or “lottery ticket”] means a ticket authorized by the Agency that a lottery retailer or the Agency makes available for sale.
[(22)] (32)
“Video lottery” [means gaming or
betting conducted using a video lottery terminal] has the meaning stated in
State Government Article, § 9-1A-01, Annotated Code of Maryland.
[(23)] (33) “Video lottery facility” [means a facility at which players play video lottery terminals and table games] has the meaning stated in State Government Article, § 9-1A-01, Annotated Code of Maryland.
[(24)] (34) Video Lottery Terminal.
(a)—(b) (text unchanged)
(c) “Video [Lottery] lottery terminal” means each single position or seat available for use by a player;
(d) (text unchanged)
[(25)] (35) “Voluntary exclusion program” means the Commission’s Voluntary Exclusion Program established under COMAR 36.01.03.
[(26)] (36) “Winnings” means the amount won from a [sports] wager or play that is not reduced by a loss.
[(27)] (37) “Work day” means a day when [Maryland] State government offices are open for business.
.02 Rules of Construction.
A. Gender and Number. In interpreting and applying this title, the following rules of construction shall apply:
(1) Words denoting one gender pronoun include and apply to [the other gender as well] any other pronoun; and
(2) (text unchanged)
B. [Time Computations] Computation of Time.
[(1) Computation of time after an act, event, or default applies the following rules:
(a) In computing any period of time prescribed by this title, the day of the act, event, or default after which the designated period of time begins to run is not included;
(b) If the period of time allowed is more than 7 days, intermediate Saturdays, Sundays, and legal holidays are counted;
(c) If the period of time allowed is 7 days or less, intermediate Saturdays, Sundays, and legal holidays are not counted; and
(d) The last day of the period so computed is included unless it is a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day that is a work day.
(2) Computation of time before a day, act, or event applies the following rules:
(a) In determining the latest day for performing an act that is required by this title to be performed a prescribed number of days before a certain day, act, or event, all days preceding that day, including intervening Saturdays, Sundays, and legal holidays, are counted in the number of days so prescribed; and
(b) The latest day is included in the determination unless it is a
Saturday, Sunday, or legal holiday, in which event the latest day is the first
preceding day that is a work day.] Time is computed as provided in General
Provisions Article § 1-302, Annotated Code of Maryland.
.03 [Lottery and Gaming Control] Commission.
A. Overview of Commission.
(1)—(2) (text unchanged)
(3) [With the assistance of the Agency, the Commission shall regulate the operation of video lottery terminals and table games in accordance with the gaming law] The Agency shall assist the Commission to carry out its statutory and regulatory obligations.
B. Operational Procedures.
(1) Meetings.
(a) The Commission shall:
(i) (text unchanged)
(ii) Set its procedures for frequency, notice, and conduct of meetings; [and]
(iii) Annually elect a chair from among its members[.]; and
(iv) Act only if at least
four members concur.
(b) (text unchanged)
(c) [The Commission may not act unless at least four members concur.]
(2) (text unchanged)
C. Powers of Commission. The Commission may:
(1) Issue subpoenas to compel attendance of witnesses at any place within the State in the course of any investigation or hearing conducted under the gaming law and sports wagering law;
(2) Administer oaths and require testimony under oath before the Commission in the course of any investigation or hearing conducted under the gaming law [and], lottery law, and sports wagering law;
(3)—(4) (text unchanged)
.04 [Lottery and Gaming Control] Agency Director.
A. (text unchanged)
B. Powers of Director.
(1) (text unchanged)
(2) The Director may:
(a) (text unchanged)
(b) Determine that a [game] ticket is void and if the [game] ticket shall be paid; and
(c) Establish and announce special purchase options which reduce the purchase price of a lottery game for a specified period.
(3) The Director may [determine,] establish and change:
(a)—(b) (text unchanged)
(c) The price of lottery games;
(d) The probability or odds of winning a lottery game; [and]
(e) The amount of winnings a
player may accumulate from a subscription as provided in COMAR 36.02.06.12.D;
and
[(e)] (f) Any other aspect of lottery game play, payment, and implementation.
(4) The Director may:
(a) (text unchanged)
(b) Approve a winner’s request to receive a cash equivalent value or other substitute prize for a merchandise or [experiential prize] experience.
[(5) The Director may determine that a type of ticket shall be cancelled, including an instant ticket, a multi-jurisdictional ticket, and a draw game ticket.]
(c) Determine that a ticket shall be canceled;
[(6) The Director may disqualify a game ticket if a player violates an Agency law or regulation.]
(d) If a player violates a lottery law or regulation, invalidate
a ticket, delay a prize award, or issue a refund; or
[(7) The Director may delegate] (e) Delegate to another individual the performance of any activity, function, or service in connection with the operation of the Lottery.
.05 Limitations on Gaming Activity.
Gaming activity may not be engaged in by, and a prize, jackpot, or winnings may not be paid to:
A.—C. (text unchanged)
[D. A person whose name appears on a Voluntary Exclusion Program list under COMAR 36.01.03.]
[E.] D. The Agency [shall] may conduct periodic reviews [to ensure compliance with this Regulation] of prizes paid in excess of $600 by reviewing data available to the Agency.
.06 Code of Conduct.
A. Definitions.
(1) (text unchanged)
(2) Terms Defined.
(a) “Agency employee” means an employee of the Agency [who is designated as a public official under State Government Article, §15-103, Annotated Code of Maryland].
(b) “Code of conduct” means
the document that identifies activities prohibited for employees of the Agency
and Commission members.
[(b)] (c) “Complaint” means the submission of a communication to the Agency or the Commission alleging a violation of a law, regulation, or the code of conduct [established by the Director].
[(c)] (d) “Conflict of
interest” means a situation in which a personal interest of a Commission member
or an Agency employee [may be
contrary to the public interest in an anticipated Commission action or decision] may
compromise the individual’s judgment, decisions or actions.
[(d)] (e) “Ex parte
communication” means a [direct or
indirect communication between a Commission member or Agency employee and
another person regarding an issue in a matter that is pending before the
Commission, if the communication is made outside the presence of an opposing
person] written or oral communication that happens without the knowledge,
consent, or presence of all parties involved involving a matter that is pending before the Commission.
[(e)] (f) “Recusal” means [nonparticipation of] that a Commission member or an Agency employee does not participate in a specific matter [before the Commission].
B. Establishment and Compliance.
(1) The Director shall establish a code of conduct [for members of the Commission and Agency employees].
(2) [Members of the Commission] Commission members and Agency employees shall comply with the code of conduct.
(3) A violation of the code of conduct constitutes a violation
of this regulation.
(4) The Agency or Commission may report a violation to the State
Ethics Commission.
(5) An Agency employee who violates the code of conduct may be
subject to disciplinary action.
C. Recusal of a Commission [Members] Member.
(1) A Commission member may not participate in a Commission [proceeding in matters] matter in which the member:
(a) (text unchanged)
(b) [Cannot] For any reason, is unable to participate fairly and impartially.
(2) (text unchanged)
(3) A Commission member who is recused from a matter before the Commission may not:
(a) (text unchanged)
(b) Discuss the matter or the Commission's review of the matter with [members of the Commission or another person] a Commission member or any other person.
(4) A Commission member who is recused from a hearing, discussion, or voting on a matter [shall physically leave the room during
hearings, discussion, or voting on the matter to ensure nonparticipation.] shall:
(a) If in person, physically
leave the meeting; or
(b) If remote, disconnect
from the virtual meeting.
(5) (text unchanged)
D. [Complaints] Allegation of a Violation of the Code of Conduct.
(1) A Commission member against whom a complaint is [filed] made shall follow §C(3) and (4) of this regulation [for Commission discussion and voting related to the complaint].
(2)—(4) (text unchanged)
E. Confidentiality.
(1) A Commission member or Agency employee may not discuss [confidential matters] a confidential matter with a person other than:
(a)—(e) (text unchanged)
(2) (text unchanged)
36.01.03 Voluntary Exclusion and Responsible Gaming
Authority: Criminal Law Article, §§12-301.1 and 12-308; State Government Article, §§9-110, 9-1A-24(e), 9-1D-05, 9-1E-04, and 9-1E-11[;], Annotated Code of Maryland
.01 General.
A. Scope. This chapter establishes a mechanism by which an individual may request to be placed on the Commission's Voluntary Exclusion List of individuals with gambling problems who have requested to self-exclude themselves from[:] a gaming activity or a combination of multiple gaming activities.
[(1) Video lottery facilities in the State;
(2) Lottery play in the State;
(3) Instant bingo facilities under COMAR 36.07 with more than 10 instant bingo machines;
(4) Participating in fantasy competitions offered by fantasy competition operators registered under COMAR 36.09;
(5) Participating in sports wagering offered by a sports wagering licensee; or
(6) Any combination of the five.]
B. Definitions.
(1) Unless context or [the individual] regulation dictates otherwise, in this chapter the following terms have the meanings indicated.
(2) Terms Defined.
(a) “Affiliated entity” means
an entity sharing ownership or management with a licensee of a gaming activity.
[(a)] (b) “Commission's Voluntary Exclusion List” means the list established by the Commission [as a measure to reduce or mitigate the effects of problem gambling that allows individuals with gambling problems] that allows an individual to request to be excluded from participating in certain [lottery and gambling] gaming activities for a specified period of time.
[(b) “Direct exclusion” means the ability of a person to make a request directly to a fantasy sports competition operator or a sports wagering licensee for exclusion from their online services.]
(c) (text unchanged)
C. The Commission shall:
(1) Maintain the Commission's Voluntary Exclusion List for individuals who have requested to be excluded from a gaming activity; and [:
(a) Video lottery facilities;
(b) Lottery play in the State;
(c) Instant bingo facilities with more than 10 instant bingo machines;
(d) Fantasy competitions offered by registered fantasy competition operators; or
(e) Participating in sports wagering offered by sports wagering licensees; and]
(2) (text unchanged)
.02 Application for Placement on the Commission's Voluntary Exclusion List.
A. An individual may obtain an application for placement on the Commission's Voluntary Exclusion List [shall be available through] by:
(1) [Each] Contacting a licensed video lottery facility [upon request to] and requesting an application from Commission staff;
(2) [Each] Contacting a licensed instant bingo facility with more than 10 instant bingo machines and requesting an application that is solely for exclusion from a licensed instant bingo facility; [and]
(3) [The] Contacting
the Agency[.] ; or
(4) Obtaining an application
online.
B. Information about [applications] an application for placement on the Commission’s Voluntary Exclusion List shall be available [through] at:
(1)—(5) (text unchanged)
C. An individual may request to be excluded from:
(1) [The places and activities described in Regulation .01 of this chapter] A gaming activity by submitting a completed application for placement on the Commission’s Voluntary Exclusion List to [Commission] Agency staff; and
(2) An instant bingo facility with more than 10 instant bingo machines by submitting a completed application [form] to instant bingo facility staff.
D. [An] A completed application for placement on the Commission’s Voluntary Exclusion List shall include:
(1) Sufficient information and
documentation to identify [and exclude the individual, including the
individual’s:] , exclude, and contact the individual;
(2) A signature of the
individual, which may include the use of a Commission-approved secure
electronic means; and
(3) Any other information
about the individual that the Commission requires.
E. Information on a completed application may include the
individual’s:
[(a)] (1)—[(d)] (4) (text unchanged)
[(e)] (5) Social Security number or other government-issued identification number[, if applicable];
[(f)] (6) Gender identity;
[(g)] (7) (text unchanged)
[(h)] (8) Race or ethnic
origin; and
(9) A photograph of the
individual.
[(i) Signature, which may include the use of a Commission-approved secure electronic means; and
(j) Signature; and
(k) Any other information about the individual that the Commission requires;]
[(2)] F. [The] A completed application shall identify the length of time requested for placement on the Commission’s Voluntary Exclusion List, which shall be for:
[(a)] (1)—[(b)] (2) (text unchanged]
[(3) Information pertaining to problem gambling programs;
(4) Acknowledgment that certain problem gambling programs may contact the applicant;
(5) A signed statement by which the individual declares that the
individual:]
G. In the completed application, an applicant shall acknowledge:
(1) With the applicant’s
written consent, certain problem gambling programs may contact the applicant;
(2) The applicant is
knowingly and voluntarily applying for inclusion on the Commission’s Voluntary
Exclusion List;
[(a) Has a gambling problem and is unable to gamble responsibly;
(b)] (3) (text unchanged);
[(c)] (4) [Releases] That the applicant releases and holds harmless the State of Maryland, the Commission, the Agency, and their members, employees, and agents from any liability that may arise from the application or the individual’s placement on the Commission’s Voluntary Exclusion List;
[(d)] (5) [Acknowledges that] That the Commission is collecting information from the individual that the:
[(i)] (a)—[(iii)] (c) (text unchanged)
[(e)] (6) [Authorizes] That the release of information to the persons specified in Regulation .07 of this chapter is permitted;
[(f)] (7) [Acknowledges that the individual will be, for] For the entire term of the requested period of exclusion the individual will be prohibited from participating in each gaming activity selected; [:
(i) Prohibited from entering a video lottery facility and playing table games or a video lottery terminal;
(ii) Prohibited from playing a lottery game;
(iii) Prohibited from playing an instant bingo machine at an instant bingo facility with more than 10 instant bingo machines;
(iv) Prohibited from participating in a fantasy competition offered by a fantasy competition operator registered under COMAR 36.09;
(v) Prohibited from participating in sports wagering offered by a sports wagering licensee under COMAR 36.10; or
(vi) Any combination of the five;
(g) Acknowledges that if the requested period of placement on the
Commission’s Voluntary Exclusion List was 2 years, the individual will not be
removed from the Commission’s Voluntary Exclusion List unless the Commission
grants the individual’s request for removal under Regulation .06 of this
chapter;]
(8) That there is no automatic removal from the Commission’s
Voluntary Exclusion List;
[(h)] (9) [Acknowledges that] That the individual may be subject to criminal charges if, during the period of exclusion, the individual enters a video lottery facility in the State;
[(i)] (10) [Acknowledges that the individual may be, for the entire term of the requested period of exclusion:] That the individual may be excluded from participating in the gaming activity of an affiliated entity;
[(i) Banned by a video lottery facility from any of its affiliated facilities in Maryland or other jurisdictions;
(ii) Removed or precluded from utilizing a video lottery facility’s associated sports wagering platform;
(iii) Banned from video lottery facilities that offer sports wagering;
(iv) Even if accessed from a different state, removed or precluded from joining or participating in a fantasy competition operator’s online platform;
(v) Banned by a sports wagering facility from any of its affiliated facilities in Maryland or other jurisdictions; or
(vi) Even if accessed from a different state, removed or precluded
from joining or participating in a mobile sports wagering licensee’s online
platform;]
(11) That the individual is
responsible for knowing from which properties and gaming platforms the
individual is excluded;
[(j)] (12) [Otherwise acknowledges that] That the individual understands the individual’s responsibilities and possible [consequences] outcomes associated with being placed on the Commission’s Voluntary Exclusion List; and
[(k)] (13) [Is] That the individual is voluntarily applying.
[E.] H. Upon receipt of a completed application for placement on the Commission’s Voluntary Exclusion List, assigned [Commission] Agency staff may:
(1) Interview the individual in order to [ascertain that the individual] confirm that the individual:
(a)—(b) (text unchanged)
(c) Confirms the information provided in the application is accurate and complete; and
(d) Is fully informed of the [consequences of] outcomes associated with being placed on the Commission’s Voluntary Exclusion List; and
(2) Decide whether to [accept the request] grant or deny the individual’s application for placement on the Commission’s Voluntary Exclusion List.
I. After determining whether to grant or deny an application,
Agency staff shall either:
(1) [and place] Place the individual on the Commission’s Voluntary Exclusion List; [and] or
(2) Not place the individual
on the Commission's Voluntary Exclusion List.
[(3) Deliver to the individual by regular U.S. mail a written notice of:]
J. Agency staff shall notify the individual:
[(a)] (1) [Placement] For placement on the Commission’s Voluntary Exclusion List[; or], by U.S. Mail; or
(2) For denial of an
application, by U.S. mail or other agreed upon written communication.
[(b) Denial of the application requesting placement on the Commission’s Voluntary Exclusion List.]
[F.] K. Notice to Individual Placed on the Commission’s Voluntary Exclusion List.
[(1)] The Agency’s notice to an individual of placement on the Commission’s Voluntary Exclusion List for video lottery facilities, shall include:
[(a)] (1)—[(b)] (2) (text unchanged)
[(c)] (3) Notice that the individual may be [banned by a video lottery facility from any of its affiliated facilities in Maryland or other jurisdictions; and] excluded from gaming activity offered by an affiliated entity in Maryland or another jurisdiction.
[(d) Notice that the individual may be unable to participate in sports wagering offered by a sports wagering facility operator or online sports wagering operator affiliated with a video lottery facility.
(2) The Agency’s notice of an individual’s placement on the Commission’s Voluntary Exclusion List for exclusion from participating in fantasy competitions in the State shall include notice that the individual may be excluded from participating in fantasy competitions offered by fantasy competition operators in another jurisdiction;
(3) The Agency’s notice of an individual’s placement on the Commission’s Voluntary Exclusion List for exclusion from sports wagering in the State shall include:
(a) Notice that the individual is not permitted in the sports wagering-related areas of a sports wagering facility;
(b) Notice that the individual may be excluded from participating in sports wagering offered by a sports wagering licensee in any of its affiliated facilities or platforms in other jurisdictions; and]
[(c)] (4) (text unchanged)
.03 Direct Exclusion by Operator.
A. Registered Fantasy Competition Operator.
(1) A registered fantasy competition operator may, on request of an individual, directly exclude the individual from participating in [fantasy competitions] a fantasy competition through its platform.
(2) (text unchanged)
B. Mobile Sports Wagering Licensee.
(1) [A mobile sports wagering licensee through its sports wagering platform or its online sports wagering operator’s platform may, on request of an individual, directly exclude the individual from participating in sports wagering on its platform] An individual may request direct exclusion from a mobile sports wagering platform.
(2) A request for direct exclusion from a mobile sports wagering [licensee’s platform operated by its online sports wagering operator] platform:
(a)—(c) (text unchanged)
(d) Does not prevent the [person] individual from using another mobile sports wagering platform in Maryland.
.04 Voluntary Surrender.
A. (text unchanged)
B. Term Defined. “Unredeemed item”:
(1) Means a token, voucher, check, ticket, chip, coupon, points, or similar item that has monetary value, and that a player has [:
(a) Won by playing a video lottery terminal or table game;
(b) Inserted into a video lottery terminal;
(c) Played at a table game;
(d) Received by converting cash, check or wire transfer at a video lottery facility;
(e) Won by participating in a fantasy competition offered by a fantasy competition operator registered under COMAR 36.09;
(f) Received by converting cash, check, wire transfer, points, tickets, coupons, or similar item or monetary equivalent through a registered fantasy competition operator’s system;
(g) Won by participating in sports wagering;
(h) Inserted into sports wagering equipment;
(i) Received by converting cash, check, wire transfer, or points through sports wagers placed with a sports wagering licensee;
(j) Obtained while playing a lottery game in the State; or
(k) Won by playing an instant bingo machine at an instant bingo facility with more than 10 instant bingo machines] won, obtained, or otherwise received by playing or participating in a gaming activity.
(2) (text unchanged).
C. An individual who applies to be placed on the Commission’s Voluntary Exclusion List contractually agrees to:
(1) (text unchanged)
(2) Designate that the proceeds of the item be redeemed and [contributed] distributed to the Problem Gambling Fund established under State Government Article, §9-1A-33(b), Annotated Code of Maryland.
.05 The Commission's Voluntary Exclusion List.
The Commission shall:
A. (text unchanged)
B. Provide the Commission’s Voluntary Exclusion List for video lottery facilities to [a video lottery facility, with periodic updates, to assist the video lottery facility in identifying excluded individuals] all video lottery facilities with periodic updates;
C. Enter the Commission’s Voluntary Exclusion List for lottery play into the [Agency’s control system] Lottery Central System to ensure that an excluded individual’s prizes over $600 on a ticket will be surrendered under Regulation .04 of this chapter;
D. Provide the Commission’s Voluntary Exclusion List for individuals who have self-excluded from instant bingo to an instant bingo facility with more than 10 instant bingo machines, with periodic updates[, to assist the facility in identifying excluded individuals];
E. Provide the Commission’s Voluntary Exclusion List for individuals who have self-excluded from participating in fantasy competitions [in the State to a] to all registered fantasy competition [operator] operators, with periodic updates, [to assist the fantasy competition operator in identifying excluded individuals]; and
F. Provide the Commission’s Voluntary Exclusion List for individuals who have self-excluded from participating in sports wagering [in the State] to sports wagering facility licensees and mobile sports wagering licensees, with periodic updates, to assist them in identifying excluded individuals.
G. Provide anonymized
information from the Commission’s Voluntary Exclusion List to the Department of
Health in accordance with Health General Article, §§5-1001—5-1009, Annotated
Code of Maryland.
.06 Removal from the Commission’s Voluntary Exclusion List.
A. (text unchanged)
B. An individual shall submit their request under §A of this regulation in writing to the Commission accompanied by documentation that the individual has:
(1) (text unchanged)
(2) Executed an authorization and release to be removed from the [voluntary exclusion list] Commission’s Voluntary Exclusion List; and
(3) (text unchanged)
C. (text unchanged).
D. If the Commission:
(1) Grants the request, it shall:
(a) (text unchanged)
(b) Notify the State’s video lottery facilities, instant bingo facilities with more than 10 instant bingo machines, registered fantasy competition operators, sports wagering facility licensees, and mobile sports wagering licensees, or update the [Agency’s central system] Lottery Central System with the individual’s removal from the Commission’s Voluntary Exclusion List; or
(2) (text unchanged)
.08 Responsible Gaming Program.
A. (text unchanged)
B. A responsible gaming program established by the Commission under §A of this regulation shall be designed to:
(1) (text unchanged)
(2) Maximize the access of [individuals who have a gambling problem to] problem gambling resources by an individual who has a gambling problem.
Subtitle 02 LOTTERY PROVISIONS
36.02.01 General
Authority: State Government Article, §§9-103, 9-104, 9-109—9-111, and 9-122, Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “Activate” means:
(a) [to] To make a book of instant tickets ready for sale in the Lottery Central System[.] ; or
(b) To make a ticket ready
for sale.
(2) “Announced end of game” means the date [determined and announced] set by the Agency after which retailers may not activate instant [ticket game books] tickets for that game.
(3) [“Bonus drawing”] Bonus Drawing.
(a) “Bonus drawing” means a game the Agency designates as a
bonus drawing that may have a claiming period other than 182 days after the
drawing in which the prize is won.
(b) “Bonus drawing” does not include a daily or weekly lottery
drawing.
(4) [“Bonus game”] Bonus Game.
(a) “Bonus game” means a game the Agency designates as a bonus
game [or bonus drawing] that may have a claiming period other than 182 days
after the drawing in which the prize is won.
(b) “Bonus game” does not include a:
(i) Daily or weekly lottery game; or
(ii) Specific play features on a ticket.
[(5) Cash.
(a) “Cash” means coins, U.S. currency, money orders, debit cards, and checks.
(b) “Cash” does not include credit.]
[(6)] (5) (text unchanged).
[(7)] (6) “Coupon” means [an instrument that a player may use to obtain a lottery ticket at reduced or no cost] a paper or computer-generated code that a player may apply to purchase a ticket.
[(8)] (7) “Daily game” means a draw game for which the Agency offers a drawing at least once every day.
[(9)] (8) (text unchanged)
[(10)] (9) Draw Game.
(a) “Draw game” means a lottery game for which a winning result is determined by a drawing for which a ticket:
(i) [Sold] Is sold and redeemed through a subscription or [a computer network] through a terminal at retailer locations; and
(ii) [For which tickets are] May be generated by a terminal and [are] is a record of a transaction for a draw game.
(b) “Draw game” includes:
(i) A jackpot game including a multi-jurisdictional jackpot game;
(ii) A nonjackpot game including a multi-jurisdictional jackpot game;
(iii) A monitor game; and
[(iv) A multi-jurisdictional game played with draw game tickets; and]
[(v)] (iv) Any other [Agency-issued game played as described in this section] Agency-authorized lottery game designated as a draw game.
[(11)] (10) “Draw ticket” [or “Draw game ticket”] means a ticket purchased from a terminal or through a subscription for a draw game.
[(12)] (11) “Drawing” means a random selection event used for determining winning numbers game data of certain lottery games.
[(13)] (12) “Drawing date” means the day, days of the week, or times of day on which the winning [numbers] game data [for the lottery games] a lottery game are selected.
(13) “Entry” means a
qualifying purchase or action by which a player may participate in a promotion
or special activity.
(14) “ePlayslip” means an [electronically-generated
game play selection process using an official web or mobile application issued
by the Agency that is used by a player to select the purchaser’s playable
numbers.] on-screen display or two-dimensional code, that:
(a) Contains player-selected or randomly generated game data;
and
(b) Is electronically generated by a website or mobile
application authorized by the Agency.
(15) Fast Play Game.
(a) “Fast Play game” means a game [produced] issued by [a lottery terminal] the Lottery Central System where predetermined game results are obtained from a finite pool of randomly generated results for that [specific game and are printed on a ticket] game and are available through the terminal.
(b) “Fast Play game” does not include [games where players select their numbers or symbols and there is a drawing to determine a winning number or symbol].
(16) “Game data” means any
item or symbol used to identify:
(a) A winner of a lottery
game, including:
(i) Numerals;
(ii) Letters;
(iii) Symbols, and
(iv) Icons including branded
logos;
(b) The cost of a ticket; and
(c) Number of draws and which
draws on a ticket.
(17) “In-lane ticket” means a
ticket that:
(a) Is purchased by a player;
(b) May only be purchased at
a retailer that is a commercial establishment; and
(c) Is activated for play or produced when it is processed
through a third-party point of
sale terminal or cash register.
[(16)] (18) Instant Game.
(a) “Instant game” [or “instant ticket game”] means a lottery game [where tickets have an] for which a ticket has a covered area that the player exposes in accordance with the game instructions, and includes:
[(a)] (i) (text unchanged)
[(b)] (ii) Tickets using other methods of revealing a hidden area with pre-determined results.
(b) “Instant game” does not include an in-lane ticket for a draw game.
[(17)] (19) “Instant ticket” [or “instant game ticket” means an authorized lottery game] means a ticket issued in an instant game.
[(18)] (20) “Instant ticket pack” or “instant ticket book” means [a group of sequential instant tickets that are in an individual bundle] group of tickets in sequential order bundled together.
[(19)] (21) “Jackpot game” means a lottery game [where] for which the top prize amount varies [depending on amounts wagered and on whether]:
(a) Based on sales; and
(b) If the top
prize was won in the preceding drawing.
(22) “Lottery Central System”
means an integrated computer service and equipment that the Agency authorizes
and procures for the purposes of:
(a) Producing lottery tickets
at retailer locations;
(b) Facilitating lottery
ticket transactions;
(c) Providing tools and the
means by which retailers:
(i) Determine sales;
(ii) Cash tickets;
(iii) Confirm receipt and
activate an instant ticket book;
(iv) Display of animations of
winning numbers;
(v) Process a ticket,
ePlayslip, or playslip;
(vi) Print special reports
and tickets;
(vii) Order instant tickets;
(viii) Order supplies; and
(ix) Coordinate the distribution
of tickets;
(d) Providing random number generating equipment to conduct and
offer monitor games, Cash Pop and Fast Play games;
(e) Communicating with lottery retailers; and
(f) Performing any other function, the Agency identifies as
necessary to the operation of the State lottery and accounting for its
proceeds.
(23) “Lottery Central System
contractor” means the person under contract with the Agency to provide all the
goods and services required under the contract for the Lottery Central System.
[(20) “Lottery game” means a game, activity, or other enterprise offered by the Agency for consideration to win a prize by random chance and, unless specified by the Director, does not include a promotional game.]
[(21)] (24) “Monitor” means a television screen or similar type of screen used to display [draw] monitor game results and other Agency communications.
[(22)] (25) “Monitor game” means a draw game [where] for which:
(a) Tickets are generated by [an Agency vendor’s computer] a terminal;
(b) [An Agency vendor’s computer generates results of the draw game] The Lottery Central System generates the winning result; and
(c) (text unchanged)
[(23)] (26) “Multi-jurisdictional game” means a lottery game offered by the Agency and:
(a)—(b) (text unchanged)
(c) Both §B26(a) and (b) of this regulation.
[(24)] (27) “Nonjackpot game” means a lottery game where the top prize remains [constant] static.
[(25) “Number” means any item or symbol used to play to win a lottery game, including:
(a) Numerals;
(b) Letters; and
(c) Icons.]
[(26)] “Odds” means the [long run ratio of the number of times a win does not occur to the number of times a win does occur] likelihood of an outcome to occur or not occur.
[(27)] (29) “Pari-mutuel” means[:
(a) The total number of winning matches per prize level, divided equally into the dollar value of the prize pool for the specific prize level; or
(b) The total number of winning matches in the designated prize levels, divided equally into the dollar value of the prize pool for the designated prize levels] dividing the prize money available for winners of a certain prize level in a lottery game equally among all plays winning the prize in a particular drawing.
[(28)] (30) Player-Activated Terminal or PAT.
(a) “Player-activated terminal” or “PAT” means a machine through which a player may purchase [Agency tickets] a ticket or claim a prize [without action by a licensed retailer] under an applicable tax reporting or taxable prize threshold without intervention by a retailer.
(b) (text unchanged)
[(29)] (31) “Playslip” means a [card] document issued by the Agency and used by a player to select the [purchaser’s playable numbers] player’s game data.
[(30)] (32) “Probability” means the long-run ratio of the number of [times a win occurs to the number of times that game’s drawings are held] winning outcomes to the number of all outcomes.
[(31)] (33) “Progressive jackpot” means a jackpot offered [by] in a lottery game that may increase [uniformly] in value based on sales of that game.
[(32)] (34) Promotion.
(a) “Promotion” [or “promotional game”] means:
(i) [an] An activity or game offered by the
Agency to [advertise] increase
awareness of the Agency and its products and services[.];
(ii) A contest that uses a
second-chance drawing to determine a winner; or
(iii) A cooperative marketing
project under State Finance and Procurement Article, § 11-203, Annotated Code
of Maryland.
(b) “Promotion” may include a lottery game if additional
consideration is required for a player to participate.
[(33)] (35) (text unchanged)
(36) Special Bonus.
(a) “Special bonus” means an
extra payment to a retailer or its employees that the Agency authorizes;
(b) “Special bonus” may not
exceed one-half of 1% of the gross receipts from ticket sales for the year for
which the bonuses are awarded;
(c) “Special bonus” does not
include:
(i) A bonus drawing; or
(ii) Game play features on a
ticket.
(37) “Special license” means
a retailer license issued by the Director for a conditional or limited purpose
as determined by the Director.
[(34)] (38) “Subscription” means a method of playing a lottery game by which [provides the ability to] a player completes an application to play a specific number of lottery games using the same [numbers] game data for a period of consecutive drawings [as specified on the subscription membership card].
[(35)] (39) Terminal.
(a) “Terminal” means a
computerized unit or software program
that operates through the Lottery Central System and is specifically
designed for [issuing and processing
tickets and for printing special reports.]
:
(i) Issuing, processing or printing a ticket;
(ii) Processing an ePlayslip;
(iii) Processing a playslip.
(iv) Printing a report;
(v) Confirming and activating a retailer’s receipt of an instant
ticket book;
(vi) Accepting payment for a ticket;
(vii) Processing the validation and redemption of a ticket;
(viii) Carrying out functions available to the retailer; and
(ix) Any other process the Agency identifies as necessary for
the State lottery and
within the scope of the Lottery Central System contract.
(b) “Terminal” includes:
(i) A player-activated terminal or PAT; and
(ii) A retailer-activated terminal; and
(iii) Associated lottery equipment.
(40) Unusual claim.
(a)—(b) (text unchanged)
[(36)] (41)
“Validate” or “validation” means the process of [determining that a ticket is the rightful winner so that the
claimant may be paid the prize] verifying through the Lottery Central
System, whether a ticket is a valid winning ticket.
[(37) “Vendor” or “Agency vendor” means a person under contract to the Agency to provide services that support lottery games.]
(42) “Valid winning ticket”
means a lottery ticket that has been validated.
(43) Winner.
(a) “Winner” means a person
that holds a winning ticket.
(b) “Winner” includes the
claimant of a prize.
.02 Sponsorship Request.
A. Scope. This regulation sets out procedures under which a
person may submit a sponsorship request to the Agency pursuant to State
Government Article, § 9-111(d)(1), Annotated Code of Maryland to promote the
Maryland State Lottery.
B. A person holding an event in Maryland may submit a request to
the Agency to sponsor the event.
C. Form and Content of Request.
(1) A requestor for Agency sponsorship shall submit a request in
writing to the Assistant Director of Communications.
(2) The sponsorship
request shall describe the event and include:
(a) The date, time, and location;
(b) A description;
(c) The expected number of people in attendance;
(d) The number of years it has taken place in Maryland;
(e) The types of sponsorship opportunities that are available;
(f) The cost associated with each type of sponsorship
opportunity; and
(g) An explanation with examples as to why the event may be a
good fit for the Agency.
D. The decision to sponsor an event is within the sole
discretion of the Agency and is not subject to review.
36.02.02 Retailer Licensing
Authority: State Government Article, §§9-101, 9-111—9-116, [and ] 9-119, and 9-125, Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “Applicant” means a person applying for a [lottery] retailer license and includes the individual completing the application.
(2) “Probationary license” means a retailer license issued by the Director to a new retailer that is valid for a 12-month period, beginning with the first week of sales.
(3) “Regular license” means a retailer license issued by the Director to a retailer who has satisfactorily completed the requirements of a probationary license.
(4) “Special license” means a [lottery] license issued [by the Director] within the Director’s authority for special purposes [as determined by the Director].
(5) “Terminate” or “revoke” [mean] means, with regard to [any Lottery] a retailer license or special license, or removal of the right to sell [Lottery] lottery tickets.
(6) “Total sales” means the [amount of the sale of all lottery products] value of lottery products sold or settled lottery by a retailer, [minus] less the value of [all cancelled] canceled or returned lottery tickets.
.02 License Required.
A. A person who sells a [lottery] ticket shall be licensed by the Agency as a retailer.
B. A person [to be] licensed as a retailer shall be issued a probationary license before being eligible to receive a regular license.
C. No individual younger than 21 years old may be licensed as a [lottery] retailer.
D. A governmental entity that seeks a license as a [lottery] retailer shall demonstrate to the satisfaction of the Director the permission of any other person, board, commission, agent, or instrumentality of the State or its subdivisions that may have controlling authority over the applicant.
.03 License Restrictions.
A. A retailer license is specific to an individual and may not be transferred or sold [to another person without the approval of the Director].
B. A retailer license may not be issued to [any] a person to engage in business primarily as a lottery retailer.
C. A retailer license does
not permit a retailer to:
(1) Have a system or program that allows a person to purchase a
ticket through a device that connects to the Internet;
(2) Sell a ticket over the phone or other manner of electronic
communication;
(3) Sell a ticket over the Internet; or
(4) Sell a ticket at a price higher than the price established
by the Director; or
(5) Sell a ticket at a location other than the location
identified in the license.
.04 Application Process.
A. To obtain a retailer license, a person shall electronically submit to the Agency:
(1) A completed application on [the forms] a form required by the [Agency] Director; and
(2) Any other information and documentation [requested] required by the Director.
B. The Director shall consider:
(1) (text unchanged)
(2) The ownership interests
of the applicant;
[(2)] (3) The honesty and integrity of the applicant;
[(3)] (4) The accessibility of the applicant's place of business or activity to the public;
[(4)] (6)—[(7)] (9) (text unchanged)
(8) The accuracy of the information supplied in the application for
a lottery retailer’s license; [and]
(10) The status or
enforcement actions taken on any licenses related to the applicant’s business;
and
[(9)] (11) Any other [information deemed relevant by the Director] relevant information.
.05 Security.
[At the discretion of the Director and in the amount determined by the Director, an applicant or a retailer may be required to post:]
A. The Director may require
an applicant or retailer to obtain security of at least $5,000.
B. The security may be:
[A.] (1)—[D.] (4) (text unchanged)
[E.] (5) Any other form of security [deemed acceptable to] approved by the Director.
C. The Agency may require
security:
(1) To protect the financial
contributions to the State;
(2) If a retailer fails to
make a payment to the Agency or has insufficient funds for a lottery transfer;
(3) To ensure the integrity
of an applicant or the owner of an applicant and is based on a financial
evaluation; and
(4) To pay for damage, loss
or misuse of supplies, equipment, or tickets.
D. The Agency may use the
security:
(1) To offset amounts due
from the retailer for the proceeds from the sale of tickets; or
(2) To pay for the cost of
damaged, stolen, lost or misused supplies, equipment, or tickets.
E. The security shall remain
in place until such time that the Director determines it may be removed.
.06 Probationary License.
A. New Retailer.
(1) [All licenses] A license
issued by the Director to a new [retailers are probationary licenses] retailer
shall be a
probationary license.
(2) The Director may terminate a probationary license without a hearing upon [determination by] the determination of the Director that the retailer has violated [any] a provision in this subtitle.
B. Termination.
(1)—(2) (text unchanged)
(3) A written request to appear before the Director or the Director’s designee shall be submitted within 10 days of the date of the notice of termination.
(4) Failure to timely submit a written request to appear before the Director or the Director’s designee shall result in termination of the probationary license.
(5) (text unchanged)
.07 Special License.
A. The Director may issue a special license, subject to [such] those conditions or limitations as the Director [deems] considers appropriate.
B. The [limitations or] conditions or limitations for the special [lottery retailers] license may include:
(1) The type of lottery
operation;
[(1)] (2) (text unchanged)
[(2)] (3) The hours or days [of sale] when tickets may be sold;
[(3)] (4) The location [of sale] where tickets may be sold;
[(4)] (5) [The specific] Those persons who are allowed to sell [lottery tickets; and] tickets;
[(5)] (6) [The specific] Those sporting,
charitable, social, or other special events where [lottery] tickets may be
sold[.] ; or
(7) Any other condition or
limitation the Director considers appropriate.
C. The Director may deny or terminate a special license for any reason.
D. The decision of the Director to deny or terminate a special license is final and not appealable.
.08 Denial of a License.
A. If the Director [denies] recommends the denial of a license, the Director shall promptly provide the applicant with written notice of the:
(1) Basis for the recommended denial; and
(2) (text unchanged)
B. (text unchanged)
C. If an applicant fails to timely submit a written request for a reconsideration meeting, the Commission may adopt as final the recommendation of the Director [or the Director’s designee].
D. (text unchanged)
E. If after the reconsideration meeting the applicant is dissatisfied with the [decision] recommendation of the Director or the Director’s designee, the applicant may submit to the Commission, in writing:
(1) A request for a hearing before the Commission to appeal [the decision of the Director or the Director’s designee to deny] the recommended denial of the license; and
(2) The applicant’s legal and factual basis for disagreeing with the [denial decision] recommended denial of the license.
F. An applicant must submit a hearing request to the Commission within 15 days of the date of the [decision] recommendation of the Director or the Director’s designee after the reconsideration meeting.
G. If an applicant fails to submit a hearing request that complies with §§E and F of this regulation, the Commission may adopt as final the [decision] recommendation of the Director or the Director’s designee to deny the [application] license.
H.—I. (text unchanged)
J. Limitation on Reapplication. An applicant may not submit an application or be included in the application of another person for 1 year after the later of:
(1) The final action on [a license denial denying the applicant’s application] the denial of a license; or
(2) (text unchanged)
.09 Corrective Action.
A. Deficiency. If the Director determines that a retailer no longer meets a license requirement of this chapter, or that there is cause for imposing sanctions under Regulation .10 of this chapter, the Director shall:
(1) (text unchanged)
[(2) Require the retailer to develop a corrective action plan;]
[(3)] (2) Determine whether it is necessary [during the pendency of the corrective action process] to emergently suspend the retailer’s license;
(3) Determine whether to
allow a retailer to submit a corrective action plan.
B. If the Agency permits a
retailer to submit a corrective action plan:
[(4)] (1) Evaluate the corrective action plan;
(2) [and, if] If acceptable to the Agency, approve the corrective action plan;
[(5)] (3) (text unchanged)
[(6)] (4) Conduct periodic monitoring of a retailer [for which the Agency required a corrective action plan] to assess the retailer’s progress toward remedying the deficiencies; and
[(7)] (5) Recommend that the Commission impose a sanction under Regulation .10 of this chapter if a deficiency is not remedied [through implementation of corrective action].
C. The Agency may determine whether to permit a retailer to
submit a corrective action plan.
[B. Deficiency Notice. Upon determining that corrective action is required to remedy a deficiency, the Director shall give written notice to a retailer that includes:
(1) A description of the violation;
(2) A description of the possible sanctions; and
(3) The requirement for the retailer to submit a corrective action plan to the Director within a time frame established by the Director.]
[C.] D. Corrective Action Plan.
(1) Within 10 days of receipt of a deficiency notice under [§B] §F of this regulation, the retailer shall submit a corrective action plan to the Director for the Director’s approval.
(2) (text unchanged)
(3) If the retailer fails to submit an acceptable corrective action plan within the time described under [§C(1)] §D(1) of this regulation, the Director may:
(a)—(b) (text unchanged)
(4) If the Director provided a retailer notice under [§B(3)] §F of this regulation and received no timely written response, the Commission may adopt as final the Director’s decision to impose a sanction under Regulation .10 of this chapter.
[D.] E. Corrective Action Outcomes.
(1)—(2) (text unchanged)
F. Deficiency Notice. Upon
determining that corrective action is required to remedy a deficiency, the
Director shall give written notice to a retailer that includes:
(1) A description of the
violation;
(2) A description of the
possible sanctions; and
(3) The requirement for the
retailer to submit a corrective action plan to the Director within a time frame
established by the Director.
.10 Sanctions and Agency Actions on a License.
A. The Director may impose sanctions on a retailer or take action on a license for:
(1) (text unchanged)
(2) Violating:
(a) A provision of the lottery law or other applicable law;
(b)—(c) (text unchanged)
(3)—(8) (text unchanged)
(9) Taking tickets, vouchers, or coupons intended for players;
(10) Failing to provide a player their voucher, coupon, cash or
other item of value;
(11) Discounting lottery prizes;
(12) Selling lottery tickets by phone or other electronic means;
(13) Selling lottery tickets over the Internet;
(14) Selling lottery tickets at a price higher than the price
established by the Director;
(15) Extending credit for the purchase of lottery tickets;
(16) Facilitating a person other than the owner of the lottery
ticket under COMAR 36.02.06.02 to claim a prize;
(17) Conducting or permitting any illegal activity on the
premises;
(18) Allowing an individual who is not a retailer employee to
operate lottery equipment;
(19) Improperly managing customer data;
[(9)] (20) Damaging or altering, or allowing another person to damage or alter, materials or equipment provided to the retailer by the Agency or a [vendor] contractor of the Agency;
[(10)] (21) Interfering with[, or influencing the outcome of,] a lottery game;
[(11)] (22) Failing to prepare, submit, or implement an adequate corrective plan under Regulation [.09C] .09 of this chapter;
[(12)] (23) Changing ownership of the retailer’s [operations] business without prior notice to the Agency;
[(13)] (24) Closing the retailer’s operations without prior notice to [and authorization by] the Agency;
[(14)] (25) Engaging in conduct, or permitting an employee to engage in conduct, that impairs the reputation of the lottery [program], or would otherwise bring the State into disrepute;
[(15)] (26) [Incurring criminal charges] Being the subject of administrative or judicial charges related to the conduct of:
(a) [illegal] Illegal gaming;
(b) Failing to pay taxes;
(c) Defrauding the government, a government program, or
government services; or
(d) Any other fraudulent activity;
(27) Possessing an illegal gaming device;
[(16)] (28)
Possessing materials or equipment indicating involvement by the retailer or
the retailer’s employees in the conduct of illegal gaming; [or]
(29) Having a history of
thefts or other forms of losses of Lottery tickets or revenue; or
[(17)] (30) (text unchanged)
B. Types of Sanctions and Agency Actions.
(1) Sanctions or Agency actions may include:
(a) The Agency temporarily disabling a retailer’s terminal;
(b) The Agency disabling specific game sales on a retailer’s
terminal;
(c) [the emergency suspension,] Emergency suspension of a retailer’s license[,];
(d) Suspension of a
retailer’s license;
(e) Termination of a
retailer’s probationary or special license;
(f) [revocation,] Revocation of a retailer’s license; or
(g) [and] Placing a limitation of the license of a retailer.
(2) Limitations on a license may include:
(a) Ineligibility for or removal from the [Expanding] Expanded Cashing Authority Program under [COMAR 36.02.03.06] COMAR 36.02.03.08; and
(b) (text unchanged)
C. Disabling a Retailer’s
Terminal.
(1) If a retailer fails to
timely remit funds or if the required funds are not available for withdrawal,
the Agency shall disable the retailer’s terminal.
(2) If the retailer pays the
Agency for any outstanding amount owed, including bank charges, the Agency may
re-enable the retailer’s terminal.
[C.] D. Suspension, Revocation, and Limitation.
(1) Except as set forth in [§D] §E of this regulation, the Director shall give the retailer notice of the intended suspension or revocation at least 15 days before the imposition of the intended sanction.
(2)—(3) (text unchanged)
[D.] E. Emergency Suspension.
(1)—(2) (text unchanged)
(3) A hearing on an emergency suspension of a retailer license
shall be conducted in accordance with the hearing requirements in COMAR
36.01.02.06.
[(3)] (4) (text unchanged)
[E.] F. Agency Action. After the Director terminates a probationary or special license or imposes an emergency suspension or sanction on a retailer with a regular license, the Agency may:
(1) Disable the retailer’s [lottery] terminal;
(2) Require the retailer to surrender, or direct [an Agency vendor] the Lottery Central System contractor to remove, any materials or equipment that were provided to the retailer by the Agency or [a vendor of the Agency equipment] the Lottery Central System contractor;
(3) Direct the retailer to immediately:
(a)—(b) (text unchanged)
(c) Pay all funds owed the Agency; [and]
(d) Return all unsold lottery
tickets;
(e) Remove or cover any
signage advertising lottery products or services; and
(4) (text unchanged)
[F.] G. (text unchanged)
36.02.03 Retailer Requirements
Authority: Criminal Law Article, §12-301.1; State Government Article, §§9-103, 9-104, 9-109—9-113, 9-115, 9-117, 9-118, 9-119, 9-122, [and] 9-124, and 9-125, Annotated Code of Maryland; Ch. 603, §6, Acts of 2012
.01 General Responsibilities.
[A.] Lottery Laws and Regulations. A retailer shall:
[(1)] A.—[(3)] C. (text unchanged)
B.—F. (proposed for repeal)
.02 Retailer Obligations.
A. Services. A retailer
shall:
(1) Provide specified
services for the Agency, including the sale, cashing, and issuance of lottery
tickets and coupons or vouchers, as directed by the Agency;
(2) Sell a ticket for cash
only;
(3) Sell a ticket only at the
location specified on the retailer’s license.
(4) Sell a ticket only during
the hours listed in the application, or as modified after notifying the
Commission, unless otherwise approved in advance by the Agency;
(5) Exercise courteous and
fair treatment to lottery players;
(6) Sell all lottery games as
directed by the Agency;
(7) Except for those
requiring submission of a claim form to the Agency, pay every winning ticket
upon validation under COMAR 36.02.06;
(8) Report to the Agency, as
required by the Internal Revenue Service or the Agency, income tax information
relating to a holder of a winning ticket;
(9) Charge no fee for the
issuance or cashing of checks for lottery winnings;
(10) Display the retailer’s
license in a prominent location;
(11) Keep playslips in stock
and available to players;
(12) Not sell any ticket or
lottery-style ticket other than those made available for sale by the Agency;
(13) Except for advertising
already located on the retailer’s premises, obtain prior Agency approval for
permanent or semi-permanent lottery advertising such as signs and billboards;
(14) Prominently post
point-of-sale and other promotional or player-related materials supplied by the
Agency;
(15) Free of charge, provide
the latest winning game data;
(16) Properly manage customer
data; and
(17) Except as permitted in
Regulation .12 of this chapter, not have on its premises an illegal gaming
device or a slot machine as defined in Criminal Law Article, §12-301, Annotated
Code of Maryland.
B. Care of Terminals. A
retailer shall:
(1) Place terminals within
the retailer’s premises only on a site approved by the Agency;
(2) Provide sufficient space
for the proper operation of the terminal;
(3) Before installation of
the terminal, provide electrical requirements as prescribed in the Lottery
Central System contractor pre-site form;
(4) Participate in training
approved by the Agency;
(5) Replace ticket stock when
necessary;
(6) Provide reasonable care
and security for ticket stock, tickets, and supplies;
(7) As specified in the
operating manual and help screens for the terminal and lottery equipment,
exercise due diligence in the operation, security, and care of the terminal and
lottery equipment;
(8) Except as directed by the
Agency or the Lottery Central System operator, not perform mechanical or
electrical maintenance on the terminal or lottery equipment;
(9) As directed by the
Agency, immediately notify the Lottery Central System contractor’s technical
support operations center in the event of a terminal malfunction;
(10) As directed by the
Agency, make the terminal available for the sale and cashing of tickets;
(11) Except for materials
that are provided by the Agency and are specifically authorized to be placed on
a terminal, keep the surfaces of the terminal free and clear;
(12) Pay the electrical
utility charges in connection with the operation of the terminal; and
(13) Assume the cost of the
repairs to the terminal, other lottery equipment, or the retailer’s property
related to:
(a) Unauthorized attempts to
modify or repair the terminal or other lottery equipment;
(b) Unauthorized attempts to
move the terminal or other lottery equipment; and
(c) Other damage to the
terminal, lottery equipment or the retailer’s property including:
(i) Intentional damage;
(ii) Defacement of the
property; and
(iii) Negligence resulting in
damage to the property.
C. Hold Harmless. A retailer
shall hold the Agency and the State of Maryland and their officials and
employees, harmless from any liability arising in connection with operating and
conducting ticket sales.
.03 Prohibited Acts.
A. A retailer may not:
(1) Sell a ticket at any
price higher than that established by the Director;
(2) Sell to or cash a ticket
for an individual younger than 18 years old;
(3) Allow an employee younger
than 18 years old to sell or cash a ticket or operate lottery equipment;
(4) Extend credit in any
manner for the sale of a ticket;
(5) Offer customers alcoholic
beverages or cannabis to induce them to purchase or redeem a ticket;
(6) Charge a player a fee for
any lottery related service or convenience;
(7) Sell an instant ticket
prior to activation;
(8) Fail to secure ticket
stock, tickets, or lottery equipment;
(9) Resell a ticket;
(10) Exchange terminal game
ticket stock with another retailer;
(11) Misuse terminal game
ticket stock;
(12) Sell any ticket or
lottery-style ticket other than those made available for sale by the Agency; or
(13) Offer a game of chance
on the retailer’s premises, unless the retailer is:
(a) A video lottery facility;
(b) A special licensee for
instant ticket lottery machines;
(c) A legal operator of an
electronic gaming device that is licensed as an amusement game in Baltimore
City or Baltimore County under Criminal Law Article, §12-301.1, Annotated Code
of Maryland;
(d) An operator of a device
that is subject to regulation by the Comptroller under Criminal Law Article,
§12-304, Annotated Code of Maryland;
(e) A legal operator of
instant bingo under Criminal Law Article, §12-308, Annotated Code of Maryland;
or
(f) Authorized to offer paper
tip jar gaming under Criminal Law Article, Title 13, Annotated Code of
Maryland.
B. Canceled Ticket. Except as
otherwise provided in these regulations or with the approval of the Director, a
retailer may not cancel or accept a ticket return for a draw game.
C. Void Ticket.
(1) A ticket may not be sold
for a drawing after that drawing has occurred.
(2) A ticket sold for a
drawing after that drawing has occurred is void.
.04
Lottery Sale—General.
A. Nothing prevents a person from giving a ticket as a gift.
B. Only a licensed retailer or the retailer’s employee may sell
a ticket.
C. The Agency may sell a ticket or a lottery subscription.
D. A retailer shall require that a person pay for a ticket at
the time of purchase.
.05
Cessation of Operations.
A. A retailer shall notify
the Agency at least 10 work days before the retailer temporarily or permanently
ceases the operation of the retailer’s business.
B. If a person ceases to be a
retailer, the person shall:
(1) Surrender, or allow the
Lottery Central System contractor to remove, materials, supplies, unsold
tickets, and equipment that were provided by the Agency or the Lottery Central
System contractor;
(2) Be financially liable for
the repair or replacement of Agency equipment lost or damaged; and
(3) Assume the cost of
repairs to the retailer’s location arising from the removal of the equipment in
§B(1) of this regulation.
[.02] .06 Sale of [Lottery] Tickets — Instant Ticket Procedure.
A.—B. (text unchanged)
[.03] .07 Sale of Lottery Tickets — Draw Game Ticket Procedure.
A. Playslip or ePlayslip Purchase Procedure. If a player wishes to purchase a ticket using a playslip or an ePlayslip:
(1) (text unchanged)
(2) The retailer shall:
(a) Process the playslip or ePlayslip [through] using the [ticket] terminal; and
(b) (text unchanged)
B. Vocalized Purchase Procedure.
(1) Randomly Selected [Numbers] Game Data.
(a) If a player wishes to have playable [numbers] game data randomly generated for a draw game ticket, a retailer shall enter the game type and the dollar amount the player wants to [wager] play.
(b) The retailer shall deliver to the player the ticket issued by the terminal with the randomly generated [numbers] game data for the game printed on the ticket.
(2) Player Selected [Numbers] Game Data.
(a) If the player wishes to provide playable [numbers] game data, a retailer may allow a player to vocalize the [numbers] game data.
(b) The retailer shall enter the information provided by the player, including:
(i) (text unchanged)
(ii) The dollar amount the player wants to [wager] play;
(iii) The [numbers] game data the player selects;
(iv)—(v) (text unchanged)
C. (text unchanged)
[.04] .08 Sale of [Lottery] Tickets — Fast Play Game Ticket Procedure.
A. Retailer Assisted Purchase Procedure.
(1) If a player [wishes] wants to purchase a Fast Play game ticket, the player shall indicate to the retailer the name of the Fast Play game [desired] the player wants.
(2) The retailer shall make the selection [and issue] of the ticket through the terminal and [deliver] after the player pays for the ticket, give it to the player.
B. Player-Activated Terminal.
(1) If a player [wishes] wants to purchase a ticket using a PAT, the player may purchase the ticket by selecting the icon for the desired Fast Play game on the terminal screen.
(2) (text unchanged)
[.05] .09 Lost, Stolen, or Missing Tickets.
A. If a ticket is lost, stolen, or missing from a retailer, the Director may [reimburse] offset an amount due from the retailer for the ticket.
B.—F. (text unchanged)
[.06] .10 Posting of Winning [Numbers] Game Data.
A. As soon as practical after each drawing, a retailer [shall] may:
(1) Post in a prominent and conspicuous location within the retailer’s business location the winning [number] game data; and
(2) Keep the winning [number] game data posted until the next drawing.
B. A retailer shall display active winning [numbers] game data as requested by the [Director] Agency.
C. The Agency is not responsible for a retailer’s failure to post or properly post current official winning [numbers] game data.
[.07] .11 Payment of Prizes.
A. A retailer shall pay the holder of a valid winning lottery ticket up to $600 [upon submission and validation of the ticket].
B. (text unchanged)
C. Unless the retailer is a participant in the Expanded Cashing Authority Program under Regulation [.06] .08 of this chapter, if the valid winning ticket entitles the holder to a prize that is more than $600, the retailer shall instruct the ticket holder to seek payment from the Agency or a retailer participating in the Expanded Cashing Authority Program.
[D. Multiple Claims. A retailer shall:
(1) Except in those cases of multiple claims totaling over $600 by the same person, pay all claims in cash; and
(2) For multiple claims totaling over $600, pay a minimum of $500 in cash toward the claims, and issue checks or money orders for the balance.]
[E.] D. (text unchanged)
[F.] E. Cashing Period. A retailer or Agency claim center may not cash or otherwise process a winning ticket more than 182 days after the:
(1) [Draw] Drawing date;
(2) (text unchanged)
(3) Announced end of [the] game for an instant game.
F. Unusual Claims.
(1) The Agency shall use an
analytics tool to identify an unusual claim.
(2) If the Agency identifies
an unusual claim, the Agency may:
(a) Require the claimant to
claim a prize at the Agency’s headquarters;
(b) Delay payment of the
prize;
(c) Investigate the
circumstances surrounding the purchase of the ticket and claiming of
the ticket including:
(i) Interviewing the
claimant; and
(ii) Interviewing the
retailer that sold the ticket; and
(d) Require future claims
made by the same claimant to be reviewed as an unusual claim.
[.08] .12 Expanded Cashing Authority Program.
A. (text unchanged)
B. Participation. Before authorizing a retailer to participate in the Expanded Cashing Authority Program, the Director [shall] may consider:
(1)—(7) (text unchanged)
C. Retailer Requirements. A retailer in the Expanded Cashing Authority Program shall:
(1)—(2) (text unchanged)
(3) [Report] Collect income tax information relating to [holders of winning lottery tickets] a holder of a winning ticket to the Agency as required by the Internal Revenue Service or the Agency;
(4) For prizes over $600, utilize the [lottery] terminal to determine, whether a holder of a winning [lottery] ticket:
(a) (text unchanged)
(b) Is on the Commission’s Voluntary Exclusion [list] List described in COMAR 36.01.03; and
(5) [Deny] If the Agency has notified the retailer that the holder may not be paid, the retailer shall deny payment of a prize to the holder of a winning lottery ticket if the Agency has notified the retailer that the holder may not be paid.
D.—E. (text unchanged)
[.09] .13 Payments to Agency.
A. A retailer shall:
(1) Be financially responsible to the Agency for all:
(a) Revenues derived from the sale of [lottery] tickets based on the ticket price established by the Director;
(b) [Lottery tickets] Tickets in the possession of the retailer; and
(c) Except for tickets cashed through a PAT, tickets that the retailer cashed or [cancelled] canceled which are later submitted to the Agency for payment;
(2) Make regular weekly settlement and payment [remittance] in the manner, in the place, and on the day of the week specified by the Agency;
(3)—(6) (text unchanged)
B.—D. (text unchanged)
[.10] .14 Americans with Disabilities Act.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “ADA retailer compliance form” means a form prepared by the Agency and used to inspect a retailer’s location in connection with this regulation to ensure player accessibility to a retailer.
(3) “Applicant” means a
person that applies for a new retailer license or a change of ownership of a
retailer.
(4) “Corrective Action Plan”
means a plan that an applicant is required to submit to the Agency describing
how the applicant will modify its premises to comply with applicable State and
federal law regarding accessible business establishments.
[(3)] (5) “Disability” [means the term as defined] has the meaning stated in the ADA.
C. Compliance.
[(1) A retailer shall, at its expense:
(a) Comply with federal, State, and local laws prohibiting discrimination against individuals with disabilities.
(b) Maintain a business location that is accessible to individuals with disabilities; and
(c) Make available at the retailer’s location all lottery-related goods, services, facilities, privileges, advantages, and accommodations to any individual with a disability.]
[(2)] (1) The Agency shall:
(a) Inspect the site of [a new retailer] an applicant for compliance with [this regulation] the ADA for player accessibility;
[(b) Inspect the site of a change of ownership retailer for compliance with this regulation; and]
[(c)] (b) If necessary, [provide the retailer with a corrective
action plan on the ADA retailer compliance form] require an applicant whose
business establishment is not accessible to submit a proposed Corrective Action
Plan before the Director issues a retailer license; and
(c) Require a new retailer or
change of ownership to certify in the retailer application that their business
establishment at issue in the application is accessible to individuals with
disabilities who use wheelchairs.
(2) The Agency may impose a
sanction or take an action on a license for failing to comply with this
regulation.
D. Waivers.
(1) A retailer that is unable
to comply with §C of this regulation, shall obtain an official waiver from the
State to maintain a non-accessible business establishment; or
(2) If the State no longer
provides official waivers under §D(1) of this regulation, a retailer may obtain
an official waiver from its local jurisdiction.
[.11] .15 Changes in Ownership.
A. General.
(1) A retailer license may
not be transferred.
[(1)] (2) A change in ownership of a retailer’s business:
(a)—(b) (text unchanged)
(3) A change of ownership
includes:
(a) A transfer of ownership
of the retailer’s business;
(b) The addition of an owner
that was not on the original license application; or
(c) Except as provided in
§A(4) of this regulation, a change to the retailer’s business
organization structure.
(4) A change of ownership
does not include a voluntary or involuntary transfer of an interest in the
retailer’s business to a person identified as an owner on the license.
[(2) If a retailer is a corporation, partnership, or LLC, a transfer of ownership includes a:
(a) Merger;
(b) Consolidation;
(c) Share exchange of a majority of stock;
(d) Transfer of a majority of assets or transfer of stock of the majority shareholder; and
(e) Transfer of a majority partner's interest, or transfer of member’s or principal’s interest.
(3) A transfer of interest to a spouse currently identified as an
owner on the retailer’s license by gift or through operation of law is not a
transfer of ownership.]
B. Retailer Responsibilities.
[(4)] (1) A retailer [who] that transfers ownership:
(a) Is [remains] responsible for all tickets [and],
lottery equipment, and receipts from lottery sales [up to the date of final accounting.] ; and
(b) Remains responsible for
fulfilling all obligations to the Agency until the change of ownership is
approved and the Agency issues a new license.
[(5) A retailer shall pay all outstanding funds due to the Agency upon change of ownership.
(6) The purchaser of a business where a lottery terminal is
installed shall apply for continuation of the existing license at least 30 days
before the transfer of ownership.]
(2) A new owner of the
business may apply for a license under COMAR 36.02.02 or relinquish lottery
equipment remaining on the premises.
[B. Approval Process for Change of Ownership.
(1) The Director shall:
(a) Require that a new application for a lottery retailer license be completed when a retailer notifies the Agency of a change in ownership; and
(b) Review the existing location and the applications on file for that trading area.
(2) If the application of the proposed new owner meets all lottery requirements to become a licensed retailer, preference will be given to retaining the license at the existing location.
(3) The Director may reasonably determine that circumstances and conditions exist that do not warrant the approval of a license at that location.
(4) The Director's decision to approve or deny the application of the proposed new owner at the existing location shall be in writing and state the reasons for the decision.
(5) The decision to deny the application of the proposed new owner shall:
(a) Be treated in the same manner as a denial of an application for a retailer license; and
(b) Create the same rights of review and appeal as the denial of an
application for a retailer license.]
[.12 Prohibited Acts.]
[A. This regulation does not:
(1) Prevent a person from giving a lottery ticket to another as a gift; or
(2) Prohibit the purchase of a ticket for the purpose of making a gift to a person younger than 18 years old.
B. No person other than a licensed lottery retailer or the retailer’s employee or the Agency may sell a lottery ticket or a lottery subscription.
C. A retailer shall require all lottery tickets to be paid for by the purchaser at the time of purchase.
D. A retailer may not:
(1) Sell a ticket at any price other than that established by the Director;
(2) Sell to or cash a lottery ticket for a person younger than 18 years old;
(3) Allow an employee younger than 18 years old to sell or cash a lottery ticket or operate lottery equipment;
(4) Extend credit in any manner for the sale of lottery tickets;
(5) Offer customers alcoholic beverages to induce them to purchase or redeem a lottery ticket; or
(6) Except as provided in Criminal Law Article, §§12-301.1, 12-304, and 12-308, Annotated Code of Maryland, have on its premises an illegal gaming device or a slot machine as defined in Criminal Law Article, §12-301, Annotated Code of Maryland.
E. Games of Chance.
(1) This section does not apply to a game of chance offered legally by a retailer that is:
(a) A video lottery facility;
(b) A legal operator of an electronic gaming device that is licensed as an amusement game in Baltimore City or Baltimore County under Criminal Law Article, §12-301.1, Annotated Code of Maryland;
(c) Subject to regulation by the Comptroller under Criminal Law Article, §12-304, Annotated Code of Maryland;
(d) A legal operator of instant bingo under Criminal Law Article, §12-308, Annotated Code of Maryland; or
(e) Authorized to offer paper tip jar gaming under Criminal Law Article, Title 13, Annotated Code of Maryland.
(2) Except for a lottery game or promotion, a retailer may not offer a game of chance on the retailer’s premises.
F. Except as otherwise provided in these regulations or with the approval of the Director, a retailer may not cancel or accept ticket returns for draw games.
G. All instant ticket and Fast Play game ticket sales are final and may not be cancelled once sold.
H. Void Ticket.
(1) A ticket may not be sold for a drawing after that drawing has occurred; and
(2) A ticket sold for a drawing after that drawing has occurred is
void.]
36.02.04 Common Provisions for All Lottery Games
Authority: State Government Article, §§9-103, 9-104, 9-109—9-111, 9-122, and 9-124, Annotated Code of Maryland
.01 Governing Law and Rules.
A. By purchasing a [game] ticket, a player agrees to comply with and abide by all:
(1) Applicable laws and regulations;
(2) Procedures implemented by the Director for conducting a lottery game;
(3) Rules for that lottery game; and
(4) Decisions of the Director.
B. A multi-jurisdictional game shall be governed by:
(1) Applicable law and regulations;
(2) The rules, procedures, and other documents concerning that game as agreed to by the jurisdictions offering that game; and
(3) Agency provisions regarding the purchase and claiming of a ticket.
C. All decisions made by the Director shall be final and binding on [all] players and on [all] persons making claims [with respect to them].
.02 Ticket Purchaser Responsibilities.
A. At the time of purchase and if applicable, the purchaser of a [lottery] ticket is responsible for verifying that the information printed on the ticket accurately reflects:
(1) The [numbers, or other symbols by which winning is determined], game data that the purchaser wants to play if the purchaser [is permitted to select] selects their own [numbers] game data [and has chosen to do so]; and
(2) The drawing date and time, if applicable[; and
(3) That the correct ticket was purchased].
B. (text unchanged)
C. To receive a prize, a person holding a winning ticket shall submit to an authorized claiming location the ticket and all necessary documentation for claiming within 182 days after the [date of the] drawing date, the date of sale of a Fast Play game ticket, or the announced end of [an instant ticket] game.
.03 Methods of Purchase.
A. This regulation does not
apply to instant ticket lottery machines under COMAR 36.02.09.
[A.] B. Playslips and ePlayslips.
(1) [The following] Playslips and ePlayslips are not valid as a receipt to claim a prize or proof of purchase of a ticket[:
(a) A playslip; or
(b) An ePlayslip].
(2) If a playslip or an ePlayslip may be used to play a draw game, the playslip or ePlayslip shall be available at no cost to the purchaser and may be used by the purchaser for selection of [numbers] game data.
(3) (text unchanged)
(4) [Except for monitor games, if] If game play by playslip or ePlayslip is authorized and a playslip or an ePlayslip is unavailable, the retailer [shall] may manually enter into the [ticket] terminal the [numbers] game data selected by the player.
[(5) For monitor games, a retailer may require players to use a playslip or an ePlayslip.]
[(6)] (5) (text unchanged).
[B.] C. Purchase by Playslip Through Retailer.
(1) If [a game may be played using a playslip and] the player chooses to play by playslip, the [purchaser] player shall present a completed playslip to the retailer.
(2)—(3) (text unchanged)
(4) If a player does not mark all necessary areas, the retailer shall return the playslip to the player or the terminal may select [numbers] game data necessary to complete the playslip.
(5)—(7) (text unchanged)
[C.] D. Purchase by ePlayslip Through Retailer.
(1) If [a game may be played using an ePlayslip and] the player chooses to play by ePlayslip, the [purchaser] player shall present a completed ePlayslip to the retailer.
(2)—(3) (text unchanged)
[(4) If a player does not select all necessary areas, the retailer shall return the ePlayslip to the player.
(5) A ticket produced by an invalid ePlayslip is invalid.]
[D.] E. Purchase Using a Player-activated Terminal. If a game may be played using a player-activated terminal, the player shall:
(1) Enter selections from the choices provided [by the device] on the player-activated terminal screen; or
(2) (text unchanged)
[E.] F. Purchase by Subscription.
(1) Subscription Plans.
(a)—(b) (text unchanged)
(c) The Director may reduce the price of a subscription plan for a specified [period under a special purchase option] number of drawings.
(d) The Director may cancel a
subscription and issue a refund for the subscription based on:
(i) Game changes; or
(ii) Ineligibility of a
purchaser.
(2) Application for a Subscription [Applications].
(a) A [purchaser of] player that wants to purchase a Lottery subscription shall be a resident of Maryland or [use] have a Maryland address [for the] subscription [application].
(b) If a game may be purchased by subscription, a subscription application [form] shall:
(i)—(ii) (text unchanged)
[(d)] (c) A subscription application [form] shall allow the purchaser to designate:
(i) (text unchanged)
(ii) If a game allows a player to select [numbers] game data, the player’s decision to supply particular [numbers] game data or to allow the [Agency vendor’s computer] system to select random [numbers] game data.
[(e)] (d) (text unchanged)
(3) Group Subscription Applications.
(a)—(c) (text unchanged)
(d) The application for a group will only be [completed] accepted if the application [form] is fully completed and all [requested] required information is provided about each group member.
(4) Confirmation of Subscription [Email].
[(a)] The Agency shall provide a subscription purchaser or, if a group purchaser, the group’s representative, a subscription confirmation email.
[(b) A subscription confirmation email shall include information identifying the subscription, as determined by the Agency.]
(5) Subscription Play and Winning.
(a) (text unchanged)
[(b) The Agency shall monitor each subscription.]
[(c) Payment of] (b) The Agency shall pay subscription prizes [shall be made] as provided for in COMAR 36.02.06.
(6) [A subscription may be renewed as allowed by the Agency] The Agency may allow a subscription to be renewed.
.04 Cancellation of Tickets.
A. Draw Games.
(1) [Unless cancellation is authorized by this regulation or the rules governing that ticket, a sale of a draw game ticket is final] Except as provided in §A(2) of this regulation, a draw game ticket may be canceled.
(2) A draw game ticket may
not be canceled in:
[(2)] (a) A multi-jurisdictional game [played with a draw game ticket may be cancelled only if authorized by the rules governing that game.] ;
(b) Cash Pop; and
(c) Multi-Match.
(3) A ticket purchased at a player-activated terminal may not be [cancelled] canceled at the PAT, but an eligible ticket may be canceled at a non-PAT terminal at the retailer where the ticket was purchased.
(4) The Director may determine during certain promotions that tickets may not be [cancelled] canceled.
(5) A draw game ticket may be cancelled only:
(a)—(c) (text unchanged)
(d) If allowed by the game rules.
(6) Canceling a draw game ticket:
(a) (text unchanged)
(b) Removes the ticket from the pool of tickets eligible for the drawing; [and]
(c) Renders the ticket
ineligible for entry into a loyalty platform or program; and
[(c)] (d) (text unchanged)
(7) (text unchanged)
(8) When a retailer cancels a draw game ticket in accordance with this regulation, the retailer shall:
(a) (text unchanged)
(b) Keep the refund slip; [and]
(c) Keep the ticket; and
[(c)] (d) (text unchanged)
(9) The Agency is not obligated to pay a prize to the holder of a [cancelled] canceled ticket, even if the ticket was [cancelled] canceled in error.
B. Instant Ticket Games. Unless the Director determines otherwise, an instant game ticket may not be [cancelled] canceled.
C. Fast Play Games.A Fast Play game ticket may not be [cancelled] canceled.
.05 [Game] Liability [Limit] Limits.
A. Scope.
(1) This regulation applies
to a lottery game.
(2) This regulation does not
apply to:
(a) An instant ticket lottery
machine game; or
(b) A promotion.
[A]. B. [Definition.] Definitions.
(1) In this regulation, the following [term has the meaning] terms have the meanings indicated.
(2) Term Defined. [“Game
liability limit” means the dollar amount at which winning tickets, if paid,
would exceed the amount the Director deems to be in the Agency’s best
interests.]
(a) “Pick Game” means a Pick
3, Pick 4, and Pick 5 game.
(b) “Prize cap” means an
upper limit of prize liability beyond which fixed prizes are recalculated on a
pari-mutuel basis.
(c) “Promotional prize limit”
means the maximum payout for a single play during a sales promotion
(d) “Sales limit” means the
dollar amount established by the Director at which winning tickets, if paid,
would not be in the Agency’s best interests.
C. Pick Games.
(1) There is a liability
limit for a Pick Game.
(2) When the liability limit
is reached for a number combination in a drawing, sales on the number
combination are no longer permitted.
D. Draw Games Other Than a
Pick Game.
(1) If the fixed prize amount
multiplied by the number of winners exceeds the prize cap, prizes shall be
calculated on a pari-mutuel basis.
(2) A jackpot prize is
determined on a pari-mutual basis.
[B.] E. [The Director may
establish a game liability limit for each drawing of a game and for each game.] Except
for a multi-jurisdictional game, the Director may establish or modify for each
drawing of a game a:
(1) Promotional prize limit;
(2) Prize cap; or
(3) Sales limit.
[C. A lottery ticket may
not be issued if the ticket, if won, would exceed the game liability limit
established by the Director for that drawing or game.]
.06 Agency Not Liable.
The Agency is not responsible or liable for:
A.—D. (text unchanged)
E. A claim, liability, injury, or property loss of any kind arising out of a player’s, winner’s, guest’s, traveler’s, or any other person’s participation in:
(1) A lottery game [of any kind];
(2)—(4) (text unchanged)
F.—G. (text unchanged)
.07 No Endorsement.
By providing a prize or [any] a portion of a prize from a company or other person, the Agency has not endorsed the company or other person.
36.02.05 Specific Game Provisions
Authority: State Government Article, §§9-103, 9-104, 9-109—9-111, 9-122, and 9-124, Annotated Code of Maryland
.01 Draw Games.
A. Drawings.
(1) Except for [multi-jurisdictional games, monitor games, and raffles, draw game drawings shall be open to the public and] a raffle, drawings shall occur at least once a week.
[(2) The Agency may use members of the general public as witnesses at a draw game drawing.]
[(3)] (2) Winning [numbers for a draw game] game data may be drawn by:
(a)—(c) (text unchanged)
[(4)] (3) The [numbers drawn for a game] game data selected during a drawing shall be the winning [numbers] game data for that drawing [of that game].
B. Draw Game Tickets.
(1) (text unchanged)
(2) The draw game ticket shall include the:
(a) [Numbers] Game data played;
(b) Amount [wagered] played;
(c) (text unchanged)
(d) Additional ticket
security codes;
[(d)] (e) (text unchanged)
[(e)] (f) Drawing date or, if the ticket is for multiple drawings, the range of drawing dates or [draws] numerical designation for a drawing.
C. Monitor Games.
(1) (text unchanged)
(2) A retailer may require use of a playslip or an ePlayslip for purchasing a monitor [games] game ticket.
D. Consumer Game Information.
(1) The Agency shall provide information about its games[:].
[(a) Draw games; and
(b) Multi-jurisdictional games with draw game tickets.]
(2) As determined by the Agency, consumer game information shall explain the:
(a) Game;
(b) Game play; and
(c) [Play of] Game’s optional features.
(3) The Agency may provide consumer game information on its website, mobile app, or in any other location, as determined by the Agency.
E. To determine if a draw game ticket is a winning ticket, a player may present the ticket to a retailer, a PAT, [or] the Agency, or an application or platform provided by the Agency.
.02 Fast Play Games.
A. Fast Play Game Tickets.
(1) (text unchanged)
(2) The Fast Play game ticket shall include the:
(a) Graphic rendering of [symbols or numbers that allow] game data that allows for visual inspection to determine if the ticket is [entitled to a prize] a winning ticket;
(b)—(c) (text unchanged)
(d) Additional ticket
security codes;
[(d)] (e)—[(e)] (f) (text unchanged)
B. Consumer Game Information.
(1) (text unchanged)
(2) As determined by the Agency, consumer game information shall explain the:
(a)—(b) (text unchanged)
(c) [Play of any] Game’s optional features.
(3) The Agency may provide consumer game information on its website, mobile app, or in any other location.
C. To determine if a Fast Play game ticket is a winning ticket, a player may present the ticket to a retailer, a PAT, [or] the Agency, or an application or platform provided by the Agency.
.03 Instant Ticket Games.
A. (text unchanged)
B. To determine if an instant ticket is a winning ticket, a player may:
(1) (text unchanged)
(2) Present the ticket to a retailer, PAT, [or] the Agency, or an application or platform provided by the Agency.
.04 Bonus and Promotional Games.
A.—C. (text unchanged)
[D. For claiming period
purposes, instant ticket games are designated as bonus games or drawings.]
36.02.07 Unclaimed Lottery Prizes
Authority: State Government Article, §§9-103, 9-104, 9-109—9-111, and 9-122, Annotated Code of Maryland
.01 Prize Claiming Period.
A. Unclaimed Monetary Award.
(1) The Director shall retain an unclaimed monetary award for 182 days after [the date of the]:
(a) [Drawing in which the prize was won] The drawing;
(b) [Date] The date the Fast Play game ticket was sold; or
(c) [Announced] The announced end of game date for an instant ticket.
(2) If no claim for a monetary award is made within 182 days, the Director shall transfer the monetary award to [an unclaimed prize fund] the Unclaimed Prize Fund.
B. (text unchanged)
C. Unclaimed Prizes Held Other Than 182 Days. The Director may hold a prize in a game or drawing for a period of time other than 182 days if:
(1) The game is not a weekly [or], daily, or multi jurisdictional lottery drawing;
(2)—(3) (text unchanged
.02 Unclaimed Prize Fund.
A. Prize money [on winning tickets that have] from a winning ticket that has not been claimed within the claiming period for that game shall accrue to the [unclaimed prize fund] Unclaimed Prize Fund.
B. The Director may institute bonus prizes using funds from the [unclaimed prize fund] Unclaimed Prize Fund.
C. Bonus Prizes.
[C.] (1)—[E.] (3) (text unchanged)
36.02.09 [Special Operation Licenses for] Instant Ticket Lottery Machines
Authority: State Government Article, §9-112, Annotated Code of Maryland
.01 Scope.
A. This chapter applies to a retailer that is a veterans’ services organization and applies for and sells tickets [under a special operation license for] from instant ticket lottery machines.
B. In addition to the requirements of this chapter, and State Government Article § 9-112, Annotated Code of Maryland, a veterans’ services organization licensed to sell tickets from an instant ticket lottery machine shall meet the requirements of this subtitle for a retailer licensed by the Agency.
.02 Definitions.
A. (text unchanged).
B. Terms Defined.
(1) “Cashout voucher” means a printed slip of paper with a code indicating the amount of money payable to the individual who presents the ticket to an [operation] ITLM licensee.
(2) (text unchanged)
[(3) “Facility” means the building where an operation licensee places instant ticket lottery machines.
(4) “Instant ticket” means a preprinted ticket purchased from an instant ticket lottery machine.]
[(5)] (3) “Instant ticket lottery machine” or “ITLM”