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Maryland Register
Issue Date: December 27, 2024
Volume 51 • Issue 26 • Pages 1176 — 1228
IN THIS ISSUE
Governor
Regulatory Review and Evaluation
Regulations
Errata
Special Documents
General Notices
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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before December 9, 2024 5 p.m.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 December 9, 2024.
Gail S. Klakring
Administrator, Division of State Documents
Office of the Secretary of State
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Information About the Maryland Register and COMAR
MARYLAND REGISTER
The Maryland Register is an official State publication published every
other week throughout the year. A cumulative index is published quarterly.
The Maryland Register is the temporary supplement to the Code of
Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment,
repeal, or emergency action, must first be published in the Register.
The following information is also published regularly in the Register:
• Governor’s Executive Orders
• Attorney General’s Opinions in full text
• Open Meetings Compliance Board Opinions in full text
• State Ethics Commission Opinions in full text
• Court Rules
• District Court Administrative Memoranda
• Courts of Appeal Hearing Calendars
• Agency Hearing and Meeting Notices
• Synopses of Bills Introduced and Enacted
by the General Assembly
• Other documents considered to be in the public interest
CITATION TO THE
MARYLAND REGISTER
The Maryland Register is cited by volume, issue, page number, and date.
Example:
• 19:8 Md. R. 815—817 (April 17,
1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register
issued on April 17, 1992.
CODE OF MARYLAND
REGULATIONS (COMAR)
COMAR is the official compilation of all regulations issued by agencies
of the State of Maryland. The Maryland Register is COMAR’s temporary
supplement, printing all changes to regulations as soon as they occur. At least
once annually, the changes to regulations printed in the Maryland Register are
incorporated into COMAR by means of permanent supplements.
CITATION TO COMAR
REGULATIONS
COMAR regulations are cited by title number, subtitle number, chapter
number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10,
Subtitle 08, Chapter 01, Regulation 03.
DOCUMENTS INCORPORATED
BY REFERENCE
Incorporation by reference is a legal device by which a document is made
part of COMAR simply by referring to it. While the text of an incorporated
document does not appear in COMAR, the provisions of the incorporated document
are as fully enforceable as any other COMAR regulation. Each regulation that
proposes to incorporate a document is identified in the Maryland Register by an
Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or
Repealed, found online, also identifies each regulation incorporating a
document. Documents incorporated by reference are available for inspection in
various depository libraries located throughout the State and at the Division
of State Documents. These depositories are listed in the first issue of the
Maryland Register published each year. For further information, call
410-974-2486.
HOW TO RESEARCH REGULATIONS
An
Administrative History at the end of every COMAR chapter gives information
about past changes to regulations. To determine if there have been any
subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted,
Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf.
This table lists the regulations in numerical order, by their COMAR number,
followed by the citation to the Maryland Register in which the change occurred.
The Maryland Register serves as a temporary supplement to COMAR, and the two
publications must always be used together. A Research Guide for Maryland
Regulations is available. For further information, call 410-260-3876.
SUBSCRIPTION
INFORMATION
For subscription forms for the Maryland Register and COMAR, see the back
pages of the Maryland Register. Single issues of the Maryland Register are $15.00
per issue.
CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS
Maryland citizens and other interested
persons may participate in the process by which administrative regulations are
adopted, amended, or repealed, and may also initiate the process by which the
validity and applicability of regulations is determined. Listed below are some
of the ways in which citizens may participate (references are to State
Government Article (SG),
Annotated
Code of Maryland):
• By submitting data or views on proposed
regulations either orally or in writing, to the proposing agency (see
‘‘Opportunity for Public Comment’’ at the beginning of all regulations
appearing in the Proposed Action on Regulations section of the Maryland
Register). (See SG, §10-112)
• By petitioning an agency to adopt, amend,
or repeal regulations. The agency must respond to the petition. (See SG
§10-123)
• By petitioning an agency to issue a
declaratory ruling with respect to how any regulation, order, or statute
enforced by the agency applies. (SG, Title 10, Subtitle 3)
• By petitioning the circuit court for a
declaratory judgment
on
the validity of a regulation when it appears that the regulation interferes
with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)
• By inspecting a certified copy of any
document filed with the Division of State Documents for publication in the
Maryland Register. (See SG, §7-213)
Maryland
Register (ISSN 0360-2834).
Postmaster: Send address changes and other mail to: Maryland Register, State
House, Annapolis, Maryland 21401. Tel. 410-260-3876. Published biweekly, with
cumulative indexes published quarterly, by the State of Maryland, Division of
State Documents, State House, Annapolis, Maryland 21401. The subscription rate
for the Maryland Register is $225 per year (first class mail). All
subscriptions post-paid to points in the U.S. periodicals postage paid at
Annapolis, Maryland, and additional mailing offices.
Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Tracey A. Johnstone, Editor, Maryland Register; Tarshia N. Neal, Subscription Manager; Tami Cathell, Help Desk, COMAR and
Maryland Register Online.
Front cover: State House,
Annapolis, MD, built 1772—79.
Illustrations by Carolyn Anderson, Dept. of General Services
Note: All
products purchased are for individual use only. Resale or other compensated
transfer of the information in printed or electronic form is a prohibited
commercial purpose (see State Government Article, §7-206.2, Annotated Code of
Maryland). By purchasing a product, the buyer agrees that the purchase is for
individual use only and will not sell or give the product to another individual
or entity.
Closing Dates for the Maryland
Register
Schedule of Closing Dates and
Issue Dates for the
Maryland Register .............................................................. 1177
COMAR Research Aids
Table
of Pending Proposals ..................................................... 1180
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
01 Executive Department ................................................. 1186
05 Department of Housing and Community
Development ............................................................ 1186
08 Department of Natural Resources ................................. 1186
09 Maryland Department of Labor .................................... 1186
10 Maryland Department of Health .......................... 1187,1201
14 Independent Agencies ........................................ 1184, 1204
21 State Procurement Regulations ............................ 1213,1214
30 Maryland Institute for Emergency Medical
Services
Systems (MIEMSS) ................................................. 1188
33 State Board of Elections ...................................... 1214,1215
PERSONS
WITH DISABILITIES
Individuals
with disabilities who desire assistance in using the publications and services
of the Division of State Documents are encouraged to call (410) 974-2486, or
(800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.
The Governor
EXECUTIVE
ORDER 01.01.2024.37
Renewal of Executive Order
01.01.2024.09 . 1183
Regulatory Review and Evaluation
14
INDEPENDENT AGENCIES 1184
Subtitle 27 Maryland Environmental Service . 1184
Emergency Action on Regulations
10 DEPARTMENT OF HEALTH
Food Service Food
Facilities....……………...……………1185
Final Action on Regulations
01 EXECUTIVE DEPARTMENT
SECRETARY OF STATE
Maryland Safe at Home Address
Confidentiality
Program............................................................................... 1186
05 DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT
Public Health Impact
Assessments
Procedure . 1186
08 DEPARTMENT OF NATURAL RESOURCES
FISHERIES SERVICE
General 1186
09 MARYLAND DEPARTMENT OF LABOR
BOARD FOR PROFESSIONAL
LAND SURVEYORS
Educational Equivalency Requirements . 1186
10 MARYLAND DEPARTMENT OF HEALTH
MEDICAL CARE PROGRAMS
Pharmacists . 1187
31 MARYLAND INSURANCE ADMINISTRATION
INSURANCE PRODUCERS AND
OTHER INSURANCE PROFESSIONALS
Public Adjusters . 1187
INSURERS
Form Filings Under the Maryland
Insurance Acquisitions Disclosure and Control Act 1187
33 STATE BOARD OF ELECTIONS
INSPECTION AND COPYING OF
PUBLIC RECORDS
Confidentiality of Certain
Information . 1187
Copies of Registration Lists . 1187
Voter Registration Applications . 1187
Early Voting Activities . 1187
Withdrawal of Regulations
09 MARYLAND DEPARTMENT OF LABOR
JOB SERVICE
Economic Stabilization . 1188
26 DEPARTMENT OF ENVIRONMENT
REGULATION OF WATER
SUPPLY, SEWAGE DISPOSAL, SOLID WASTE, AND RECYCLABLE MATERIALS
Quality of Drinking Water in Maryland . 1188
General 1188
Definitions . 1188
Licensure and Certification . 1188
Proposed Action on Regulations
05 DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT
REVITALIZATION PROGRAMS
Catalytic Revitalization Project Tax
Credit 1189
10 MARYLAND DEPARTMENT OF HEALTH
MEDICAL CARE PROGRAMS
EPSDT School Health-Related Services
or Health-Related Early Intervention Services 1192
Specialty Mental Health Services . 1194
BOARD OF PHYSICIANS
Hearings Before the Board of
Physicians 1196
BOARD OF DENTAL EXAMINERS
Continuing Education . 1197
COMMUNITY-BASED BEHAVIORAL
HEALTH PROGRAMS AND SERVICES
Civil Money Penalty . 1200
MARYLAND HEALTHCHOICE
PROGRAM
Maryland Medicaid Managed Care
Program: MCO Application 1202
Maryland Medicaid Managed Care
Program: Managed Care Organizations 1202
Maryland Medicaid Managed Care
Program: Access . 1202
Maryland Medicaid Managed Care
Program: Benefits . 1202
Maryland Medicaid Managed Care
Program: Sanctions . 1202
14 INDEPENDENT AGENCIES
MARYLAND TECHNOLOGY
DEVELOPMENT CORPORATION
Maryland Small Business Innovation
Research and Technology Transfer Incentive Program 1204
MARYLAND CANNABIS
ADMINISTRATION
Definitions . 1206
General Regulations . 1206
Medical Cannabis Program .. 1206
Application Process and Issuance of
Licenses . 1206
Standard Cannabis Licenses . 1206
Laboratory Registration and
Operations . 1206
Micro Licensees . 1206
Other Cannabis Businesses 1206
Cannabis Grower Operations . 1206
Cannabis Processor Operations . 1206
Cannabis Dispensary Operations . 1206
Cannabis Products . 1206
Complaints, Enforcement, Record
Keeping, and Inspections of Cannabis Businesses 1206
Cannabis Business Agents . 1206
Cannabis Business Owners 1206
Finished Product Packaging . 1206
Cannabis Research . 1206
Hearing Procedures . 1206
MARYLAND STATE LIBRARY
Freedom to Read Act 1212
21 STATE PROCUREMENT REGULATIONS
ADMINISTRATIVE AND CIVIL
REMEDIES
Procedures for Appealing Contract Disputes . 1213
Procedures for Appealing Protests . 1214
33 STATE BOARD OF ELECTIONS
PRECINCTS, POLLING PLACES,
AND FACILITIES
Polling Places . 1214
Warehouses . 1215
Errata
COMAR 15.03.07 . 1217
COMAR 20.50.09 . 1217
Special Documents
MARYLAND HEALTH CARE
COMMISSION
PERFORMANCE REVIEWS PERCUTANEOUS
CORONARY INTERVENTION SERVICES 1218
Average Annual Number of Licensed
Nursing Home Beds by Jurisdiction 1218
Required Maryland Medical Assistance
Participation Rates for Nursing Homes 1219
DEPARTMENT
OF STATE POLICE
HANDGUN ROSTER BOARD
Proposed Additions to Handgun Roster
and Notice of Right to Object or Petition 1220
SUSQUEHANNA RIVER BASIN
COMMISSION
Projects Approved for Consumptive Uses of Water 1223
SUSQUEHANNA RIVER BASIN
COMMISSION .. 1224
Minor Modification Notice . 1224
SUSQUEHANNA RIVER BASIN
COMMISSION .. 1224
Actions Taken at the December 12, 2024 Meeting . 1224
WATER AND SCIENCE
ADMINISTRATION
Water Quality Certification
23-WQC-0045 . 1225
Water Quality Certification
24-NT-0026 . 1226
Water Quality Certification
24-WQC-0028............................ 1226
Water Quality Certification
24-WQC-0045 . 1227
General Notices
BOARD OF PUBLIC
ACCOUNTANCY
Public Meeting . 1228
Public Hearing . 1228
BOARD OF DIETETIC PRACTICE
Public Meeting . 1228
STATE BOARD OF INDIVIDUAL
TAX PREPARERS
Public Meeting . 1228
DEPARTMENT OF TRANSPORTATION OFFICE
OF MINORITY BUSINESS ENTERPRISE 1228
DEPARTMENT OF VETERANS
AFFAIRS/MARYLAND VETERANS COMMISSION
Public Meeting . 1228
NORTHEAST MARYLAND WASTE
DISPOSAL AUTHORITY
Public Meetings Notice Procedure . 1228
NORTHEAST
MARYLAND WASTE DISPOSAL AUTHORITY
Other Public Meetings Notice
Procedure............................... 1228
BOARD OF WELL DRILLERS
Public Meeting . 1228
COMAR
Online
The Code of Maryland
Regulations is available at www.dsd.state.md.us as a free service of the Office
of the Secretary of State, Division of State Documents. The full text of
regulations is available and searchable. Note, however, that the printed COMAR
continues to be the only official and enforceable version of COMAR.
The Maryland Register is
also available at www.dsd.state.md.us.
For additional
information, visit www.dsd.maryland.gov, Division of State Documents, or call us at (410)
974-2486 or 1 (800) 633-9657.
Availability
of Monthly List of
Maryland Documents
The Maryland Department of
Legislative Services receives copies of all publications issued by State
officers and agencies. The Department prepares and distributes, for a fee, a
list of these publications under the title ‘‘Maryland Documents’’. This list is
published monthly, and contains bibliographic information concerning regular
and special reports, bulletins, serials, periodicals, catalogues, and a variety
of other State publications. ‘‘Maryland Documents’’ also includes local
publications.
Anyone wishing to receive
‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department
of Legislative Services, 90 State Circle, Annapolis, MD 21401.
CLOSING DATES AND ISSUE DATES THROUGH
December 2025†
|
Issue
Date
|
Emergency
and
Proposed
Regulations
5
p.m.*
|
Notices,
etc.
10:30
a.m.
|
Final
Regulations
10:30
a.m.
|
|
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.
03 COMPTROLLER OF
THE TREASURY
03.03.05.01-1 • 51:25 Md. R. 1144 (12-13-24)
05 DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
05.20.05.02—.04• 51:25 Md. R. 1145 (12-13-24)
05.20.06.01—.12 • 51:26 Md. R. 1189 (12-27-24)
07 DEPARTMENT OF HUMAN SERVICES
07.02.25.01—.24
• 51:19 Md. R.
861 (9-20-24)
08 DEPARTMENT OF NATURAL RESOURCES
08.02.08.13• 51:25 Md. R. 1147 (12-13-24)
08.02.12.01,.03• 51:25 Md. R. 1148 (12-13-24)
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)
09.19.08.02 • 51:19 Md. R. 871 (9-20-24)
09.30.01.01—.10
• 51:24 Md. R. 1084
(12-2-24)
09.36.06.01 51:19 871 (9-20-24)
09.36.08.02
51:19 Md. R. 871
(9-20-24)
09.42.01.01—.03 • 51:21 Md. R. 929 (10-18-24)
09.42.02.01—.10 • 51:21 Md. R. 932 (10-18-24)
09.42.03.01—.10 • 51:21 Md. R. 933 (10-18-24)
09.42.04.01—.12 • 51:21 Md. R. 937 (10-18-24)
10 MARYLAND DEPARTMENT
OF HEALTH
Subtitles 01—08 (1st volume)
10.09.03.04 — .05 • 51:25 Md. R. 1148
(12-13-24)
10.07.14.01—.65 • 51:6 Md. R. 272 (3-22-24)
Subtitle 09 (2nd volume)
10.09.10.07, .08 • 51:25 Md. R. 1148
(12-13-24)
10.09.11.11 • 51:2 Md. R. 79 (1-26-24)
10.09.24.02,.07,.12 • 51:2 Md. R. 79 (1-26-24)
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)
10.09.50.01—.07
• 51:26 Md. R. 1192
(12-27-24)
10.09.53.04,.05 • 51:4 Md. R. 206 (2-23-24)
10.09.58
.05, .06 •
51:25 Md. R. 1150 (12-13-24)
10.09.59.01,.04—.07,.09
• 51:26 Md. R. 1194
(12-27-24)
10.09.77.05
• 51:25 Md. R. 1151
(12-13-24)
10.09.92.04,.05 • 51:1 Md. R. 38 (1-12-24)
10.15.03.27
• 51:25 Md. R. 1151
(12-13-24)
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)
10.32.02.02,.18
• 51:26 Md. R. 1196
(12-27-24)
Subtitles 37—52 (5th volume)
10.37.01.03 • 51:17 Md. R. 779 (8-23-24)
10.44.22.02,.04—.06,.08—.15
• 51:26 Md. R. 1197
(12-27-24)
Subtitles 53—68 (6th volume)
10.63.07.02,.03,.05,.11 • 51:3 Md. R. 173 (2-9-24)
10.63.08.01—.05
• 51:26 Md. R. 1200
(12-27-24)
10.67.03.03,.08
• 51:26 Md. R. 1200 (12-27-24)
10.67.04.03-2,.18,.19 • 51:26 Md. R. 1202
(12-27-24)
10.67.05.
.05-1 • 51:26 Md. R. 1202
(12-27-24)
10.67.06.27
• 51:26 Md. R. 1202
(12-27-24)
10.67.10.02
• 51:26 Md. R. 1202
(12-27-24)
10.67.08.03 • 51:25 Md. R. 1150 (12-13-24)
11 DEPARTMENT OF TRANSPORTATION
Subtitles 01—10
11.02.03.07—.20
• 51:25 Md. R. 1152
(12-13-24)
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)
11.15.22.14 • 51:25 Md. R. 1153 (12-13-24)
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.15.01.02 • 51:25 Md. R. 1154 (12-13-24)
13A.15.03.03 • 51:25 Md. R. 1158 (12-13-24)
13A.15.04.03 • 51:25 Md. R. 1154 (12-13-24)
13A.15.09.01 • 51:25 Md. R. 1158 (12-13-24)
13A.15.13.09 • 51:25 Md. R. 1154 (12-13-24)
13A.15.16.01—.10 • 51:25 Md. R. 1154 (12-13-24)
13A.16.03.03 • 51:25 Md. R. 1158 (12-13-24)
13A.16.08.03 • 51:2 Md. R. 95 (1-26-24)
13A.16.09.02 • 51:25 Md. R. 1158 (12-13-24)
13A.16.10.02 • 51:2 Md. R. 95 (1-26-24)
13A.17.03.03 • 51:25 Md. R. 1158 (12-13-24)
13A.17.09.01 • 51:25 Md. R. 1158 (12-13-24)
13A.17.10.02 • 51:2 Md. R. 95 (1-26-24)
13A.18.03.03 • 51:25 Md. R. 1158 (12-13-24)
13A.18.09.02 • 51:25 Md. R. 1158 (12-13-24)
14 INDEPENDENT AGENCIES
14.01.04.05 • 51:22 Md. R. 978 (11-1-24)
14.01.04.05
• 51:25 Md. R.
1140 (12-13-24)
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)
14.04.12.01—.07
• 51:26 Md. R. 1203
(12-27-24)
14.17.01.01
• 51:26 Md. R. 1206
(12-27-24)
14.17.02.05
• 51:26 Md. R. 1206 (12-27-24)
14.17.04.07—.09
• 51:26 Md. R. 1206
(12-27-24)
14.17.05.05
• 51:26 Md. R. 1206
(12-27-24)
14.17.06.12
• 51:26 Md. R. 1206 (12-27-24)
14.17.07.02
• 51:26 Md. R. 1206
(12-27-24)
14.17.08.03—.05
• 51:26 Md. R. 1206
(12-27-24)
14.17.09.02
• 51:26 Md. R. 1206
(12-27-24)
14.17.10.02,.03,.08
• 51:26 Md. R. 1206
(12-27-24)
14.17.11.04,.18
• 51:26 Md. R. 1206
(12-27-24)
14.17.12.02,.04,.10
• 51:26 Md. R. 1206
(12-27-24)
14.17.13.08,.12
• 51:26 Md. R. 1206
(12-27-24)
14.17.14.02,.06
• 51:26 Md. R. 1206 (12-27-24)
14.17.15.05
• 51:26 Md. R. 1206
(12-27-24)
14.17.16.03
• 51:26 Md. R. 1206
(12-27-24)
14.17.18.03
• 51:26 Md. R. 1206 (12-27-24)
14.17.19.02
• 51:26 Md. R. 1206
(12-27-24)
14.17.22.
01, .02, .06,
.07, .09, .10,.12 • 51:26 Md. R. 1206 (12-27-24)
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)
14.38.02.01—.04
• 51:26 Md. R. 1212
(12-27-24)
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)
20 PUBLIC SERVICE COMMISSION
20.62.01.01— .03 •
51:25 Md. R. 1160 (12-13-24)
20.62.02.01—.04, .06, .07,.09— .11
• 51:25 Md. R. 1160 (12-13-24)
20.62.03.02—.09 • 51:25 Md.
R. 1160 (12-13-24)
20.62.04.01—.03 •
51:25 Md. R. 1160 (12-13-24)
20.62.05.01 • 51:25 Md. R.
1160 (12-13-24)
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)
21.10.06.32
• 51:26 Md. R. 1213
(12-27-24)
21.10.07.09
• 51:26 Md. R. 1213 (12-27-24)
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)
21.11.03.16 • 51:25 Md. R. 1167 (12-13-24)
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)
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)
31 MARYLAND
INSURANCE ADMINISTRATION
31.08.03.04,.05,.07,.08 • 51:22 Md. R. 1022 (11-1-24)
32 MARYLAND
DEPARTMENT OF AGING
32.02.01.13,.22,.23,.36
• 51:25 Md. R. 1168 (12-13-24)
32.02.02.02,.10,.14,.16,.17,.31 • 51:25 Md. R. 1168 (12-13-24)
33 STATE BOARD OF
ELECTIONS
33.15.03.02
• 51:26 Md. R. 1214
(12-27-24)
33.15.04.02—.12
• 51:26 Md. R. 1215 (12-27-24)
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)
36.02.08.01—.09 • 51:25 Md. R. 1170 (12-13-24)
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)
The Governor
EXECUTIVE ORDER
01.01.2024.37
Renewal of Executive Order
01.01.2024.09
(Declaration of a State of Emergency)
WHEREAS, I, Wes Moore, Governor
of the State of Maryland,
issued Executive Order 01.01.2024.09 declaring a State of
Emergency due to the significant infrastructure damage to the Francis Scott Key
Bridge in Baltimore on March 26, 2024
WHEREAS, The declaration
of the State of Emergency was renewed on November 8, 2024, by Executive Order 01.01.2024.36;
WHEREAS, Because of the on-going impact of this incident,
emergency conditions continue to exist Statewide;
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF
MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS
OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE
OF THE MARYLAND CODE, HEREBY DECLARE THAT THE STATE OF EMERGENCY CONTINUES TO
EXIST IN THE STATE OF MARYLAND, THAT THE MARCH 26, 2024 DECLARATION IS RENEWED,
AND FURTHER PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
A. The
Maryland Department of Emergency Management is hereby directed to continue to coordinate the
State preparedness and response to impacts of this incident.
B. All
other appropriate State authorities are hereby authorized to activate their
emergency preparedness plans and engage, deploy, use, and coordinate available
resources in furtherance of those plans.
C. The
Maryland National Guard remains on regular duty.
GIVEN Under My Hand and
the Great Seal of the State of Maryland, in Annapolis, this 6th Day of
December, 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[24-26-24]
Regulatory Review and Evaluation
Regulations
promulgated under the Administrative Procedure Act will undergo a review by the
promulgating agency in accordance with the Regulatory Review and Evaluation Act
(State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This
review will be documented in an evaluation report which will be submitted to
the General Assembly’s Joint Committee on Administrative, Executive, and
Legislative Review. The evaluation
reports have been spread over an 8-year period (see COMAR 01.01.2003.20 for the schedule). Notice that an evaluation report is available
for public inspection and comment will be published in this section of the
Maryland Register.Title 14 INDEPENDENT AGENCIES
Subtitle 27 MARYLAND
ENVIRONMENTAL SERVICE
Notice of Opportunity for Public Comment
In accordance with the Regulatory Review and Evaluation Act, State
Government Article, §§10-130—10-138, Annotated Code of Maryland, the Maryland
Environmental Service is currently reviewing and evaluating the following
chapters under COMAR 14.27
COMAR 14.27.02 Human
Resources
COMAR 14.27.03 Procurement
COMAR 14.27.04 Public
Information Act Requests
The Maryland Environmental Service would like to provide interested
parties with an opportunity to participate in the review and evaluation process
by submitting comments on these regulations. Comments should be submitted by
mail to Pamela Fuller, Senior Paralegal, Maryland Environmental Service, 259
Najoles Road, Millersville, MD 21118, or by email to pfuller@menv.com. Please
put “Regulatory Review” in the subject line. Comments must be received no later
than February 27, 2025.
[24-26-26]
Emergency Action on Regulations
Symbol Key
• Roman
type indicates text existing before emergency status was granted.
• Italic
type indicates new text.
• [Single brackets] indicate deleted text.
Emergency Regulations
Under State
Government Article, §10-111(b), Annotated Code of Maryland, an agency may
petition the Joint Committee on Administrative, Executive, and Legislative
Review (AELR), asking that the usual procedures for adopting regulations be set
aside because emergency conditions exist. If the Committee approves the
request, the regulations are given emergency status. Emergency status means
that the regulations become effective immediately, or at a later time specified
by the Committee. After the Committee has granted emergency status, the
regulations are published in the next available issue of the Maryland Register.
The approval of emergency status may be subject to one or more conditions,
including a time limit. During the time the emergency status is in effect, the
agency may adopt the regulations through the usual promulgation process. If the
agency chooses not to adopt the regulations, the emergency status expires when
the time limit on the emergency regulations ends. When emergency status
expires, the text of the regulations reverts to its original language.
Title
10
MARYLAND DEPARTMENT OF HEALTH
Subtitle
15 FOOD
10.15.03 – Food Service Facilities
Authority: Health General Article, §§18-102, 21-101, 21-102,
21-211, 21-234, 21-301, 21-330.1, Annotated Code of Maryland
Notice of Emergency Action
[24-189-E]
The Joint Committee on Administrative, Executive, and Legislative
Review has granted emergency status to amend Regulation .27 of COMAR
10.15.03 Food Service Facilities. Emergency status began: November 27,
2024.
Emergency status expires: May 26, 2025.
Estimate of Economic Impact
The emergency action has no economic impact.
Economic Impact on Small Businesses
The emergency action has minimal or no economic impact on small
businesses.
.27 Farmer's Market, Bake Sales,
and Cottage Food Business.
A.—B.
(text unchanged)
C.
Cottage Food Business.
(1)—(7)
(text unchanged)
(8) The phone number required in
§§C(1)(c)(i) and (viii) of this regulation shall enable contact with the
cottage food business by the Department within 24 hours.
(9) The email address required in
§C(1)(c)(i) of this regulation shall enable contact with the cottage food
business by the Department within 48 hours.
D. (text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Final Action on Regulations
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 01
EXECUTIVE DEPARTMENT
Subtitle 02 SECRETARY OF STATE
01.02.11 Maryland Safe at Home
Address Confidentiality Program
Authority: Real Property
Article, §§3-114—3-120; State Government Article, §§7-301—7-313; Annotated Code
of Maryland
Notice of Final Action
[24-128-F]
On December 17, 2024, the Secretary of State adopted amendments to
Regulations .03 and .11 under COMAR 01.02.11 Maryland Safe at
Home Address Confidentiality Program.
This action, which was proposed for adoption in 51:21 Md. R. 928—929
(October 18, 2024), has been adopted as proposed.
Effective Date: January 6, 2025.
SUSAN C. LEE
Secretary of State
Title 05
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Subtitle 23 Public Health Impact
Assessments
05.23.01 Procedure
Authority: Land Use Article, §7-509, Annotated Code of Maryland
Notice of Final Action
[24-141-F]
On December 17, 2024, the Secretary of Housing and Community
Development adopted new Regulations .01—.04 under a new chapter, COMAR
05.23.01 Procedure, under a new subtitle, Subtitle 23 Public Health
Impact Assessments. This action, which was proposed for adoption in 51:22
Md. R. 966—968 (November 1, 2024), has been adopted as proposed.
Effective Date: January 6, 2025.
JACOB DAY
Secretary of Housing and Community Development
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 02 FISHERIES SERVICE
08.02.01 General
Authority: Natural Resources Article, §4-1006.1, Annotated Code of
Maryland
Notice of Final Action
[24-122-F]
On December 18, 2024, the Secretary of Natural Resources adopted
amendments to Regulation .12 under COMAR 08.02.01 General. This
action, which was proposed for adoption in 51:22 Md. R. 968—969 (November 1,
2024), has been adopted as proposed.
Effective Date: January 6, 2025.
JOSH KURTZ
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 13 BOARD FOR PROFESSIONAL
LAND SURVEYORS
09.13.07 Educational
Equivalency Requirements
Authority: Business Occupations and Professions Article, §§15-208
and 15-305, Annotated Code of Maryland
Notice of Final Action
[24-118-F]
On December 4, 2024, the Board for Professional Land Surveyors
adopted amendments to Regulations .02 and .04 under COMAR 09.13.07
Educational Equivalency Requirements.
This action, which was proposed for adoption in 51:19 Md. R. 870—871
(September 20, 2024), has been adopted as proposed.
Effective Date: January 6, 2025.
T.J. FRAZIER
Board Chair
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.21 Pharmacists
Authority: Health-General Article, §§2-104(b), 2-105(b), 15-103,
and 15-148(c), Annotated Code of Maryland
Notice of Final Action
[23-325-F]
On December 16, 2024, the Secretary of Health adopted amendments
to Regulations .02—.06 under COMAR 10.09.21 Pharmacists. This
action, which was proposed for adoption in 51:2 Md. R. 81-82 (January 26,
2024), has been adopted as proposed.
Effective Date: January 6, 2025.
LAURA HERRERA SCOTT
Secretary
Title 31
MARYLAND INSURANCE ADMINISTRATION
Subtitle 03 INSURANCE PRODUCERS AND
OTHER INSURANCE PROFESSIONALS
31.03.18 Public Adjusters
Authority: Insurance Article, §2-109, Annotated Code of Maryland
Notice of Final Action
[24-134-F]
On December 3, 2024, the Maryland Insurance Administration adopted
amendments to Regulation .02 and new Regulation.17 under COMAR
31.03.18 Public Adjusters. This action, which was proposed for adoption in
51:21 Md. R. 946 (October 18, 2024), has been adopted as proposed.
Effective Date: January 6, 2025.
MARIE GRANT
Acting Insurance Commissioner
Subtitle 04 INSURERS
31.04.18 Form Filings Under
the Maryland Insurance Acquisitions Disclosure and Control Act
Authority: Insurance Article, §§1-101(jj), 2-109, 2-205,
2-209, and 5-901—5-917, Annotated Code of Maryland
Notice of Final Action
[24-135-F]
On December 3, 2024, the Maryland Insurance Administration adopted
amendments to Regulation .02 and new Regulation .15 under COMAR
31.04.18 Form Filings Under the Maryland Insurance Acquisitions Disclosure and
Control Act. This action, which was proposed for adoption in 51:21 Md. R.
946—948 (October 18, 2024), has been adopted as proposed.
Effective Date: January 6, 2025.
MARIE GRANT
Acting Insurance Commissioner
Title 33
STATE BOARD OF ELECTIONS
Subtitle 04 INSPECTION AND COPYING OF
PUBLIC RECORDS
Notice of Final Action
[24-033-F]
On August 15, 2024, the State Board of Elections adopted amendments
to:
(1) Regulations .02 and .07 of COMAR 33.04.01 under
COMAR 33.04.01 In General; and
(2) Regulations .01—.03 under COMAR 33.04.02
Confidentiality of Certain Information.
This action, which was proposed for adoption in 51:8 Md. R. 375—376
(April 19, 2024), has been adopted as proposed.
Effective Date: January 6, 2025.
JARED DEMARINIS
State Administrator
Notice of Final Action
[24-087-F]
On October 24, 2024, the State Board of Elections adopted
amendments to:
(1) Regulations .01, .03, and .05 under COMAR
33.03.02 Copies of Registration Lists;
(2) Regulation .02 under COMAR 33.05.02 Voter
Registration Applications; and
(3) Regulation .05 under COMAR 33.17.06 Early
Voting Activities.
This action, which was proposed for adoption in 51:16 Md. R.
762—763 (August 9, 2024), has been adopted as proposed.
Effective Date: January 6, 2025.
JARED DEMARINIS
State Administrator
Withdrawal of Regulations
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 33 JOB SERVICE
09.33.02 Economic
Stabilization
Authority: Labor and Employment Article, §§11-301—[11-304,] 11-306; State Government Article, §10-206; Annotated
Code of Maryland
Notice of Withdrawal
[23-269-W]
Pursuant to State Government Article, §10-116(b), Annotated Code
of Maryland, notice is given that the proposal to amend Regulations .01—.03, adopt new Regulations .04, .08, and .09, and amend
and recodify existing Regulations .04—.06
to be .05—.07 under COMAR 09.33.02 Economic Stabilization Act, which was published in 50:25 Md. R. 1100—11021 (December 15, 2023), has been withdrawn
by operation of law.
GAIL S. KLAKRING
Administrator
Division of State Documents
Title 26
DEPARTMENT OF ENVIRONMENT
Subtitle 04 REGULATION OF WATER
SUPPLY, SEWAGE DISPOSAL, SOLID
WASTE, AND RECYCLABLE MATERIALS
26.04.01 Quality of Drinking
Water in Maryland
Authority: Environment Article, Title 9, Subtitles 2 and 4,
Annotated Code of Maryland
Notice of Withdrawal
[23-311-W]
The Secretary of the Environment withdraws amendments to
Regulations .01, .01-1, and .20, and the adoption of a new
Regulation .37 under COMAR 26.04.01 Quality of Drinking Water in
Maryland, as published in 51:6 Md. R. 309—311 (March 22, 2024).
SERENA MCILWAIN
Secretary of the Environment
Title 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
Notice of Withdrawal
[23-234-W]
Pursuant to State
Government Article, §10-116(b), Annotated Code of Maryland, notice is given
that the proposal to amend Regulation .02
under 30.01.01 Definitions, and Regulations .04 and .06—.09 under COMAR 30.02.02 Licensure and Certification , which was published in 50:24 Md. R. 1061—1064 (December 1, 2023), has been withdrawn
by operation of law.
GAIL S. KLAKRING
Administrator
Division of State Documents
Proposed Action on Regulations
Title 05
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Subtitle 20 REVITALIZATION PROGRAMS
05.20.06 Catalytic Revitalization
Project Tax Credit
Authority: Housing and Community Development Article, §6-904,
Annotated Code of Maryland
Notice of Proposed Action
[24-195-P]
The Secretary of Housing and Community Development proposes to adopt
new Regulations .01—.12 under a new chapter, COMAR 05.20.06 Catalytic
Revitalization Project Tax Credit.
Statement of Purpose
The purpose of this action is to describe policies and procedures
for program administration under the Catalytic Revitalization Project Tax
Credit Program.
Estimate of Economic Impact
I. Summary of Economic Impact. The tax credit program under Housing and
Community Development Article, §§6-901- 6-905, Annotated Code of Maryland
provides a tax against the state income tax for “catalytic revitalization
projects”. The tax credit would apply to 20 percent of approved project costs
defined as: substantial rehabilitation of historic property that was formerly
owned by the State or federal government. The rehabilitation of the property
will foster economic, housing and community development within 2,500 feet of
the facility. The definition of catalytic revitalization projects includes former
education, mental health, or military facilities. Total amount of tax credits issued is capped
at $15,000,000 per project and may issue a tax credit to a project every 2
years. Assuming the full $15,000,000 in tax credits were allocated and claimed
for a project, general fund revenues would decrease by $75,000,000, or 20
percent of the tax
credit amount claimed. This would be a
refundable credit. Applicants could
receive cash payment for tax credits that exceed their State income tax
liability.
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:
|
|
|
|
Local Governments
|
(R+)
|
Indeterminable
|
|
|
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:
|
|
|
|
Public
|
(+)
|
Indeterminable
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
C. Local governments may benefit from increased revenue associated
with rehabilitation and adaptive reuse of property formerly owned by the State
or federal government. The magnitude of the benefit cannot be determined.
F. The public will benefit from increased economic activity and
revenue associated with adaptive reuse of vacant or underutilized State or
federal facilities.
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 John Papagni, Program Officer, Division of
Neighborhood Revitalization, Department of Housing and Community Development,
7800 Harkins Road, Lanham MD 20706, or call 301-429-7670, or email to
john.papagni@maryland.gov. Comments will be accepted through January 27, 2025.
A public hearing has not been scheduled.
.01 General.
This chapter prescribes the
policies, procedures, and authorizations for allocating the Catalytic
Revitalization Project Tax Credit described in this chapter.
.02 Definitions.
A. In this chapter, the
following terms have the meanings indicated and as defined in the Act.
B. Terms Defined.
(1) “Act” means the Housing
and Community Development Article, Title 6, Subtitle 9, Annotated Code of
Maryland.
(2) “Affordable” means
housing costs do not exceed 30 percent of a household's annual income.
(3) “Catalytic
revitalization project” means the substantial rehabilitation of a property
in the State:
(a) That was formerly owned
by the State or the federal government;
(b) In which rehabilitation
will foster economic, housing, and community development within the community
in which the property is located; and
(c) That is out of service
and was formerly used as a college or university, K–12 school, hospital, mental
health facility, or military facility or installation.
(4) “Costs” means the costs
incurred to develop a catalytic revitalization project and includes the costs
of:
(a) Necessary studies,
surveys, plans, and specifications;
(b) Architectural,
engineering, or other special services, including flood plain studies,
environmental audits, and critical area or wetland assessments;
(c) Land and improvements;
(d) Site preparation;
(e) Construction and
rehabilitation, as applicable;
(f) Indemnity and surety
bonds and premiums on insurance;
(g) Temporary relocation
expenses of residents, if applicable; and
(h) Other costs determined to
be acceptable by the Department.
(5) “Department” means the Department of
Housing and Community Development.
(6) “New construction costs” means the costs
associated with the construction of new structures that connect, expand, or
integrate the existing structures to be rehabilitated.
(7) “Owned” means a prior
ownership interest in real property pursuant to a:
(a) Deed;
(b) Long-term lease;
(c) Federal or State law or
legal authority that allowed use and occupation of real property for a
governmental purpose; or
(d) Other legal
instrument.
(8) “Rehabilitation costs”
means the costs associated with the rehabilitation of existing structures.
(9) “Secretary” means the
Secretary of Housing and Community Development.
(10) “State tax credit” means
the Catalytic Revitalization Project Tax Credit allowed under the Act and this
chapter.
.03 Eligible
Applicants.
A. An
individual, nonprofit organization, or business entity that is proposing a
catalytic revitalization project may apply to the Department for an allocation
of the available State tax credit.
B. An applicant shall be in good standing and qualified to do business
in Maryland.
C. An applicant shall have the legal authority to execute an
enforceable agreement with the Department.
.04 Applications.
A. The Department may accept applications on a first-come, first-served
basis or in competitive rounds to be announced by the Department when the State
tax credit is available under the Act.
B. The Department shall consider the following factors when reviewing
an application with an emphasis on applications that promote affordable housing:
(1) Historic preservation;
(2) Community development; and
(3) Economic development.
C. An application submitted to the Department shall:
(1) Be on standard application forms prescribed by the Department;
(2) Be submitted by an eligible applicant under Regulation .03 of this
chapter;
(3) Be for a catalytic revitalization project;
(4) Provide a description of how the project will promote the factors
listed in §B of this regulation;
(5) Describe if the project will be completed in phases; and
(6) Any other information required by the Department.
D. Applications shall be accompanied by all
documentation in the form and containing the information specified by the
application procedures adopted by the Department, which may vary depending on
the type of project.
E. Application Evaluation.
(1) Each application submitted shall be reviewed by the Department to
determine whether all of the information required under this chapter is
contained in the application.
(2) Upon submission of all required information, the Department shall
undertake an analysis of each application and make a recommendation to the
Secretary as to whether a project is eligible for an initial allocation of the
State tax credit and any special terms and conditions for a project
(3) The Department shall identify if a project will be in phases and
eligible for multiple final tax credit certificates.
F. Approval of Applications.
(1) If the Department recommends approval of a project for an initial
State tax credit allocation, the Department shall present the project to the
Secretary.
(2) The Secretary shall approve, disapprove, or approve with
modifications an initial State tax credit allocation to be provided according
to procedures established by the Secretary.
(3) The Secretary, in the sole discretion of the Secretary, may
delegate to an authorized officer of the Department the authority to approve,
disapprove, or approve with modifications an initial State tax credit
allocation.
(4) The Secretary may require that the applicant execute an
enforceable agreement related to the construction and rehabilitation of a
catalytic revitalization project and issuance of the State tax credit.
G. If the Department does not recommend approval of a project for an
initial State tax credit allocation, the Department shall issue a written
notice of rejection with an evaluation and explanation for rejection.
.05 Allocation and
Calculation of the Credit.
A. Upon the approval of an
application, the Department shall issue an initial tax credit certificate to
the applicant:
(1) Allocating the initial
amount of the State tax credit for the project; and
(2) Specifying the terms and
conditions of the State tax credit.
B. Subject to the limitations
of §C of this regulation:
(1) An initial State tax
credit certificate shall equal 20 percent of the applicant’s estimated new
construction costs and rehabilitation costs for the project; and
(2) Upon completion of the
project or a phase of the project, a final tax credit certificate shall equal
20 percent of the applicant’s actual new construction costs and rehabilitation
costs for the completed phase of the project.
C. For purposes of
calculating the credit authorized under §B of this regulation, the portion of
costs that are attributed to new construction costs may not exceed 50 percent
of the total costs of the catalytic revitalization
project or phase.
D. A final tax credit
certificate may not be issued for more than 20 percent of the project’s
eligible expenses to date.
E. A final tax credit certificate may not be issued that would exceed
the aggregated limit of a project’s initial tax credit certificate.
.06 Notice and Certification.
A. Sixty days before the last
day of the taxable year in which a catalytic revitalization project that has
been issued an initial State tax credit allocation is completed or a phase of
the project is completed, the applicant shall:
(1) Notify the Secretary that
the project or project phase has been completed; and
(2) Certify that the project
is a catalytic revitalization project eligible for the State tax credit.
B. The notice and
certification to the Secretary shall be in a form prescribed by the Department
and contain documentation required by the Department.
C. Upon final review and
verification of the notice and certification, the Secretary shall issue to the applicant
a final credit certificate for the project or project phase before or by the
last day of the taxable year in which the project or a phase of the project was
completed, stating the final State tax credit amount for the project or project
phase, not to exceed the aggregated credit amount initially allocated to the
project.
.07 Use of Tax Credit.
A. The State tax credit is a
credit against State income taxes that may be used in accordance with the Act,
this chapter, and Tax-General Article, §10-753, Annotated Code of Maryland.
B. If the State tax credit
allowed under this chapter in any taxable year exceeds the total tax otherwise
payable by the individual, nonprofit organization, or business entity for that
taxable year, the individual, nonprofit organization, or business entity may
claim a refund in the amount of the excess.
C. The credit allowed under
this chapter may be allocated among the partners, members, or shareholders of a
business entity in any manner agreed to by those persons in writing.
D. The amount of the tax
credit allowed, but not claimed, under this chapter may be transferred, by
written instrument, in whole or in part, to any individual, nonprofit
organization, or business entity.
E. For the taxable year of any transfer under
§D of this regulation, the transferee may apply the tax credit against the
total tax otherwise payable by the transferee in that taxable year.
F. If the tax credit exceeds
the total tax otherwise payable by the transferee in any taxable year, the
transferee:
(1) May claim a refund in the
amount of the excess;
(2) May carry forward and
apply the excess credit for succeeding taxable years until the full amount of
the credit is used; or
(3) May transfer the
remainder of the tax credit to an individual, a nonprofit organization, or a
business entity in accordance with §D of this
regulation.
.08 Compliance.
A. The Department may monitor
a project for compliance and require reports from the applicant demonstrating
compliance with this chapter, the Act and any agreement with the Department.
B. The Comptroller or the
Secretary may not recapture a State tax credit authorized under this chapter
if:
(1) The catalytic
revitalization project is transferred, in whole or in part, by fee simple
transfer of real property or by transfer of an ownership interest in the entity
that owns the project to a new owner; and
(2) The Secretary has issued
a final tax credit certificate for the catalytic revitalization project under Regulation
.06C of this chapter.
C. After 30 days of providing
written notice to the Department, the original recipient of an initial tax
credit issued under this chapter may transfer the initial tax credit
certificate to one or more other individuals, nonprofit organization, or
business entities.
D. The transfer of an initial
tax credit need not involve a transfer of the catalytic revitalization project,
whether by fee simple transfer of real property or a transfer of a portion or
all of the ownership interest that the original recipient holds in the entity
that owns the real property to a new owner or owners.
E. An initial tax credit
certificate may not be transferred to another person without the express
written consent of the original recipient or be transferred as part of the
involuntary transfer of the real property ownership interest in an entity that
owns the real property without the prior written consent of the original
recipient of the certificate and the Secretary.
F. The Secretary may revoke
an initial credit certificate on a finding by the Secretary that the recipient
is not in compliance with the initial credit certificate or an agreement with
the Department regarding the initial credit certificate.
G. If the Secretary revokes
an initial credit certificate under §D of this regulation, the Secretary may
award an initial credit certificate to another applicant, provided that the
award does not exceed the amount of the revoked initial credit certificate.
H.
The Secretary may not revoke a tax credit certificate awarded on or before July
1, 2024 unless the individual, nonprofit organization, or business entity that
received the tax credit certificate ceases rehabilitation of the catalytic
revitalization project for which the tax credit was awarded.
.09 Administration.
A. Guidelines and Manuals. The Department may adopt guidelines and
manuals related to the administration of this chapter and the Act.
B. The Department shall ensure that the application forms, guidelines
and manuals are publicly available on its website and at its offices.
C. Delegation of Authority. An action or decision required to be taken
or permitted to be made by the Department under the Act, or by the Secretary or
the Department under this chapter, may be delegated by the Secretary to an
employee of the Department.
.10
Waiver.
The Secretary may waive or vary provisions of this chapter to the
extent that the waiver or variance is consistent with the Act and if, in the
written determination of the Secretary, the application of a regulation in a
specific case or in an emergency situation would be inequitable or contrary to
the purposes of the Act.
.11 False Statements.
A person may not knowingly
make or cause to be made a false statement or report in any document required
to be furnished to the Department or
in any agreement relating to the tax credits.
.12
Tax Credit Availability.
Except as provided in Regulation
.08 of this chapter, the Secretary may not:
A. Accept applications and award an initial credit certificate
for more than one catalytic revitalization project within a 2-year period; or
B. Issue tax credit certificates for credit amounts in the
aggregate totaling more than $15,000,000 within a 2-year period.
JACOB DAY
Secretary of Housing and
Community Development
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.50 EPSDT School Health-Related
Services or Health-Related Early Intervention Services
Authority: Health-General Article, §§2-104(b), 15-103, and 15-124,
Annotated Code of Maryland
Notice of Proposed Action
[24-211-P]
The Secretary of Health proposes to amend Regulations .01—.07
under COMAR 10.09.50 EPSDT School Health-Related Services or Health-Related
Early Intervention Services.
Statement of Purpose
The purpose of this action is to:
(1) Update certain definitions to reflect
the expansion of school-based psychological services, which will be available
to all students (with or without an IEP/IFSP) effective January 1, 2025;
(2) Add school psychologist to the list of
professionals who can be employed by and render services in a school;
(3) Add psychological services to the
services covered when not delivered in accordance with an IEP or IFSP; and
(4) Update the term “therapeutic behavior”
to “therapeutic behavioral” throughout the chapter.
Estimate of Economic Impact
I. Summary of Economic Impact. The total economic impact in
Fiscal Year 2025 is $17,182,790.91, subject to 50 percent FMAP for Medicaid
enrolled children and 65 percent FMAP for CHIP enrolled children.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of
Health
|
(E+)
|
$17,182,790.91
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Local School Systems
|
(+)
|
$17,182,790.91
|
|
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). (1) Regulations will be effective for 6 months of Fiscal
Year 2025 .(2) A school year is 9 months. (3) School aged children (ages 5
through 18) with a mental health diagnosis are eligible to receive mental
health services in schools. (4) 175,103 Medicaid eligible children without an
IEP/IFSP are potentially eligible for school-based behavioral health services.
(5) MDH assumes uptake of services will increase over time. Initial uptake
assumed is 16.5 percent. (6) 14,363 children will receive one school-based
intake evaluation by a school psychologist at a rate of $168.02 in a school
year. 9,575 children will receive an intake evaluation in Fiscal Year 2025. (7)
28,892 children will receive eight school-based psychotherapy services provided
by a school psychologist at a rate of $101.07 per unit in a school year. 19,261
children will receive these services in Fiscal Year 2025. (8) The total annual
impact is $25,774,186.36 ($12,034,258.86 General Funds, $13,739,927.50 Federal
Funds). (9) The monthly impact is $2,863,798.53 (the total annual impact
divided by the 9 months of the school year). The impact in Fiscal Year 2025 is
$17,182,790.91 (the monthly impact multiplied by 6). (10) This amount is
subject to 50 percent Medical Assistance Percentage (FMAP) for the non-CHIP
population and 65 percent FMAP for the CHIP population.
D(1). See A.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
The proposed action allows all Medicaid eligible students to
receive certain psychological services in the school setting, which may have an
impact on community psychological services providers. Community psychological
services providers and school-based providers will need to coordinate to ensure
appropriate delivery and avoid duplication of services. These community
providers may also be impacted by the new avenues in which participants can
receive services, resulting in a potential decrease in the number of
participants who utilize community providers.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534Baltimore, Maryland 21201, or call 410-767-0938, or
email to mdh.regs@maryland.gov. Comments will be accepted through January 27,
2025. A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(29) (text unchanged)
(30) “Participant” means a Medical Assistance recipient who is
eligible for and receives school-based health-related services [in
an IEP or health-related early intervention services in an IFSP].
(31)—(34) (text unchanged)
(35) “Provider” means a local school system, local lead agency,
State-operated education agency, or State-supported education agency which
meets the conditions for participation as defined in Regulation .03 of this
chapter to provide school-based health-related services [in an
IEP or health-related early intervention services in an IFSP].
(36) “Psychological services” means the delivery of services by a qualified
licensed mental health professional, including administering psychological and
developmental tests and other assessment procedures, interpreting assessment
results, obtaining, integrating, and interpreting information about child
behavior and child and family conditions related to learning, mental health,
and development, and planning and managing a program of psychological services
including psychological counseling for children and families [which are
necessary to develop and implement an IEP or an IFSP pursuant to COMAR
13A.05.01.03B and 13A.13.01.03B].
(37) (text unchanged)
(38) “School psychologist” means an individual certified by the
Maryland State Department of Education to provide psychological services in a
school-based setting.
[(38)] (39)—[(41)] (42) (text
unchanged)
[(42)] (43) “Therapeutic [behavior]
behavioral aide” means an individual who has been trained to implement a
behavior plan as specified in the IEP or IFSP under the supervision of a
licensed physician or authorized practitioner pursuant to Health Occupations
Article, Annotated Code of Maryland.
[(43)] (44) “Therapeutic [behavior] behavioral
service” means a one-to-one individualized rehabilitative service, rendered by
a therapeutic [behavior] behavioral aide, using
appropriate methods of preventing or decreasing maladaptive behaviors for a
Medicaid recipient who is eligible for and receives health-related services in
an IEP or health-related early intervention services in an IFSP.
.02 Licensure and Certification.
A. A provider shall ensure that the provider's employees who render
school health-related services meet the licensure [and] or
certification requirements for their profession, as specified in §B of this
regulation.
B. A professional employed by a provider shall have the following
qualifications:
(1)—(11) (text unchanged)
(12) A school psychologist shall be certified in accordance with
COMAR 13A.12.04.09 to practice in the jurisdiction in which services are
provided;
[(12)] (13) A social worker shall be licensed as [a
clinical social worker to practice in the jurisdiction in which services are
provided; and]:
(a) A master social worker in accordance with COMAR 10.42.01.04
to practice in the jurisdiction in which services are provided;
(b) A certified social worker in accordance with COMAR
10.42.01.04 to practice in the jurisdiction in which services are provided; or
(c) A certified social worker-clinical in accordance with COMAR
10.42.01.04 to practice in the jurisdiction in which services are provided;
[(13)] (14)—[(14)] (15)
(text unchanged)
[(15)] (16) A therapeutic [behavior]
behavioral provider shall be approved by the Department in accordance
with COMAR 10.09.50.05A.
.03 Conditions for Participation.
A. General requirements for participation in EPSDT school
health-related or health-related early intervention services are that a:
(1) (text unchanged)
(2) Therapeutic [behavior] behavioral aide
shall be:
(a)—(b) (text unchanged)
B. (text unchanged)
.04 Covered Services.
A. The Program covers the services listed in §§B and C
of this regulation when the services are:
(1) Necessary to identify the need for a health-related service or
health-related early intervention service [that may be furnished as part
of an IEP or an IFSP];
(2) (text unchanged)
(3) Necessary for the maximum reduction of physical or mental
disability and restoration of a participant to the participant's best possible
functional level; and
(4) Rendered in accordance with accepted professional standards[;
and
(5) Delivered in accordance with an IEP or an IFSP, which is
developed at the time of referral for health-related services or health-related
early intervention services].
B. The following services are covered under this chapter when
delivered in accordance with an IEP or an IFSP, which is developed at the time
of referral for health-related services or health-related early intervention
services:
(1) Audiology services [delivered in accordance with an IEP
or an IFSP], which include the identification, evaluation, and treatment
of auditory impairments;
(2) Nursing services [delivered in accordance with an IEP or
an IFSP], which:
(a)—(d) (text unchanged)
(3) Nutrition services which include conducting assessments of
nutritional history and dietary intake and developing and monitoring
appropriate plans to address a participant’s nutritional needs [in
accordance with an IFSP];
(4) Occupational therapy services [delivered in accordance
with an IEP or an IFSP], which include any screening, evaluations, or
treatments necessary to implement a program of activities, with the goal to
develop or maintain the adaptive skills necessary to achieve a participant’s
adequate and appropriate physical and mental functioning;
(5) Physical therapy services [delivered in accordance with
an IEP or an IFSP], which include screening and evaluations necessary to
determine a participant’s level of functioning, as well as any treatment, which
may use therapeutic exercises for the purpose of preventing, restoring, or
alleviating a movement dysfunction and related functional problems;
(6) Psychological services [delivered in accordance with an
IEP or an IFSP], which include the evaluation, diagnosis, and treatment
of emotional or behavioral problems in order for a participant to benefit from
an educational or early intervention program including the counseling of
parents and parent training when the participant is present;
(7) Speech-language pathology services [delivered in
accordance with an IEP or an IFSP], which include, diagnosis,
evaluation, or treatment; and
(8) Therapeutic [behavior] behavioral services
which:
(a) Includes one-to-one services by a trained therapeutic
behavioral aide [delivered in accordance with the IEP or IFSP];
and
(b) (text unchanged)
C. Psychological services, as described in §B(6) of this
regulation, are covered under this chapter even if the services are not
delivered in accordance with an IEP or an IFSP.
.05 Limitations.
A.—B. (text unchanged)
C. Therapeutic [behavior] behavioral services
may only be provided if:
(1)—(4) (text unchanged)
(5) The therapeutic [behavior] behavioral aide
is not a member of the recipient's immediate family or an individual who
ordinarily resides in the recipient's home; and
(6) (text unchanged)
.06 Preauthorization.
A. Therapeutic [behavior] behavioral services
shall be preauthorized through the IEP or IFSP process.
B. Psychological services that are not delivered in accordance
with an IEP or IFSP shall be preauthorized by the Administrative Services
Organization in accordance with COMAR 10.09.59.08.
.07 Payment Procedures.
A.—E. (text unchanged)
F. Psychological services not delivered in accordance with an
IEP or IFSP are reimbursable when they are:
(1) Rendered by a school psychologist or school social worker
that:
(a) Meets the qualifications of this chapter; and
(b) Is enrolled with the Medicaid Program in accordance with
COMAR 10.09.36; and
(2) Billed by a local education agency in accordance with COMAR
10.09.59.09.
LAURA HERRERA SCOTT
Secretary of Health
10.09.59 Specialty Mental Health
Services
Authority: Health-General Article, §§2-104(b), 2-105(b), 15-102.8,
15-103, 15-105, and 15-105.2, Annotated Code of Maryland
Notice of Proposed Action
[24-213-P]
The Secretary of Health proposes to amend Regulations .01,
.04—.07, and .09 under COMAR 10.09.59 Specialty Mental Health
Services.
Statement of Purpose
The purpose of this action is to:
(1) Add local school systems (LSSs) as an eligible provider of
specialty mental health services to implement the expansion of school-based
behavioral health services;
(2) Update licensure types for clinical counselors and provider
requirements for mobile treatment providers to align with current policy for
provider qualifications;
(3) Remove traumatic brain injury service providers as eligible
providers of specialty mental health services to align with a Program sunset
that occurred in 2023; and
(4) Update and clarify outdated 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 an impact on individuals with disabilities
as follows:
The proposed action implements reimbursement for certain
school-based behavioral health services rendered by local school systems. To
the extent that individuals with disabilities utilize these services, they may
benefit from the new service coverage.
Opportunity for Public Comment
Comments may be sent to Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or
email to mdh.regs@maryland.gov. Comments will be accepted through January 27,
2025. A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “Administrative services organization (ASO)” means the [contactor]
contractor procured by the State to provide the Department with
administrative support services to operate the Maryland Public Behavioral
Health System.
(2) “Behavioral Health Administration (BHA)” means the
administration within the Department that establishes regulatory requirements
that behavioral health programs are to maintain in order to become licensed by
the Department.
[(2)] (3)—[(4)] (5) (text
unchanged)
[(5) “Medicaid Emergency Psychiatric Demonstration” means
the federal demonstration program established under Section 2707 of the Patient
Protection and Affordable Care Act.]
(6) “Individualized education program (IEP)” has the meaning
stated in COMAR 10.09.50.01.
(7) “Individualized Family Service Plan (IFSP)” has the meaning
stated in COMAR 10.09.50.01.
(8) “Local school system (LSS)” means a local public school
district.
[(6)] (9)—[(8)] (11)
(text unchanged)
[(9) “Office of Health Care Quality” means the office within
the Department responsible for the certification and inspection of programs.]
[(10)] (12)—[(15)] (17)
(text unchanged)
.04 Provider Requirements for Participation.
A. Individual Practitioner Providers. To participate in the Program
as an individual practitioner of specialty mental health services, the provider
shall:
(1) (text unchanged)
(2) Demonstrate, by training and experience, the competency to
provide mental health services as one of the following:
(a)—(e) (text unchanged)
(f) A licensed certified counselor which includes:
(i) A licensed clinical professional counselor;
(ii) A licensed clinical marriage and family therapist;
(iii) A licensed clinical counselor-alcohol and drug; or
(iv) (text unchanged)
(g)—(h) (text unchanged)
B. Community Mental Health Program Providers. To participate in the
Program as a community-based mental health program provider, the provider shall
be approved under COMAR 10.63.01, 10.63.02, and 10.63.06 and possess licensure
by the Behavioral Health Administration as:
(1)—(2) (text unchanged)
(3) A mobile treatment program, which shall:
(a) (text unchanged)
(b) Consist of a multidisciplinary team including, at a minimum:
(i) (text unchanged)
(ii) A psychiatrist or psychiatric nurse practitioner (CRNP-PMH);
(iii) (text unchanged)
(iv) At least one licensed social worker or licensed graduate
social worker; and
(v) (text unchanged)
(c) (text unchanged)
[(4) For dates of service between October 1, 2018 and
September 30, 2021, a health care service provided through telehealth is
equivalent to the same health care service provided through an in-person visit
if the service provided through telemedicine is provided by a fully integrated
psychiatrist or psychiatric nurse practitioner (CRNP-PMH) attached to an ACT or
mobile treatment program.]
[(5)] (4) (text unchanged)
C. (text unchanged)
D. Other Licensed or Approved Mental Health Providers. To
participate in the Program as a specialty mental health provider not defined in
§§A—C of this regulation, a provider shall be approved pursuant to COMAR as a:
(1)—(6) (text unchanged)
[(7) Traumatic brain injury provider in compliance with
COMAR 10.09.46; or]
[(8)] (7) Medical laboratory in compliance
with COMAR 10.09.09[.]; or
(8) Local school systems in compliance with COMAR
10.09.50 as a provider of school-based health-related services.
.05 Eligibility.
A. (text unchanged)
B. Individuals are eligible for Psychiatric Rehabilitation Programs
for adults if the individual:
(1) (text unchanged)
(2) Has a diagnosis listed in COMAR [10.09.70.02L] 10.67.08.02N;
and
(3) (text unchanged)
C. Individuals are eligible for Psychiatric Rehabilitation Programs
for minors if the individual:
(1)—(3) (text unchanged)
(4) Has a diagnosis listed in COMAR [10.09.70.02L] 10.67.08.02N
and severe functional impairments in at least one life domain;
(5) (text unchanged)
(6) Is at risk [for] of requiring a higher
level of care, or is returning from a higher level of care.
D. (text unchanged)
.06 Covered Services.
A. The ASO shall reimburse the following specialty mental
health services rendered to participants when authorized by the ASO:
[A.] (1) Medically necessary specialty mental
health services delivered by providers listed in Regulation .04 of this
chapter, for which the primary diagnosis is listed in COMAR [10.09.70.02I
or J] 10.67.08.02M or N;
[B.] (2) Telehealth services as defined in
COMAR 10.09.49 when rendered in accordance with limitations in Regulation
.07 of this chapter; and
[C.] (3) Presumptive drug tests and
definitive drug tests, when ordered by a specialty mental health provider, with
a behavioral health primary diagnosis listed in COMAR [10.09.70.02I or J]
10.67.08.02M or N on the claim.
B. Specialty mental health services billed by local school
systems are covered under the following conditions:
(1) The services are not furnished as part of an individualized
education program or individualized family service plan) as defined in COMAR
10.09.50.01; and
(2) The services are rendered by a school psychologist or school
social worker that meets the qualifications described in COMAR 10.09.50.02.
.07 Limitations.
The Program does not cover the following:
A.—C. (text unchanged)
D. Specialty mental health services for participants in an
institution for mental disease as defined in 42 CFR §435.1009 unless the
service is delivered through the [Medicaid Emergency Psychiatric
Demonstration] §1115 HealthChoice Demonstration Waiver;
E.—J. (text unchanged)
K. [Telehealth services other than those services that are
specified in COMAR 10.09.49] Psychiatric rehabilitation program
services rendered via telehealth when:
(1) They are rendered as a group service; or
(2) The total services rendered via telehealth comprise more
than 50 percent of a participant’s services rendered;
L.—M. (text unchanged)
N. Services delivered by Federally Qualified Health Centers other
than those billed using the T-code or H-code, which may include the
following, delivered by two separate but appropriately licensed providers:
(1) (text unchanged)
(2) One [T-code] H-code for substance use
disorder services per day;
O.—X. (text unchanged)
.09 Payment Procedures.
A.—E. (text unchanged)
F. A provider may not bill the Program for:
(1)—(2) (text unchanged)
(3) Professional services rendered by mail or [telephone]
telehealth, unless the services are provided in compliance with COMAR 10.09.49
and any subregulatory guidance issued by the Department; or
(4) (text unchanged)
G.—I. (text unchanged)
LAURA HERRERA SCOTT
Secretary
Subtitle 32 BOARD OF
PHYSICIANS
10.32.02 Hearings Before the
Board of Physicians
Authority: Health Occupations Article, §§ 1-307, 1-402,
4-602—1-604, 1-606, 14-205, 14-317, 14-404, 14-405, 14-405.1, 14-406—14-409,
14-411, 14-505, 14-5A-03, 14-5A-13(d), 14-5A-16, 14-5A-17, 14-5A-17.1,
14-5A-19, 14-5B-03, 14-5B-12(d), 14-5B-13, 14-5B-14, 14-5B-14.1, 14-5B-16,
14-5C-03, 14-5C-16, 14-5C-17, 14-5C-19, 14-5D-12(d), 14-5D-13—14-5D-16, 14-601,
14-606, 15-205(b), 15-307(f), 15-311, 15-312, 15-314, 15-315, 15-316 and
15-403; State Government Article, §§ 10-206, 10-216 and 10-226, Annotated Code
of Maryland
Notice of Proposed Action
[24-212-P]
The Secretary of Health proposes to amend Regulation .02 and
adopt new Regulation .18 under COMAR 10.32.02 Hearings Before the
Board of Physicians. This action was
considered at public meetings on March 24, 2021, May 26, 2021, and February 28,
2024 notice of which was given by publication on the Board’s website at: https://www.mbp.state.md.us/forms/Mar21Bagenda.pdf ,https://www.mbp.state.md.us/forms/May21Bagenda.pdf,
and https://www.mbp.state.md.us/forms/Feb24Bminutes.pdf respectively pursuant to
General Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to establish a procedure under which
administrative actions may be classified as confidential, not for public
release, and removed from the licensee’s public individual profile, provided
certain conditions are met.
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 Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 W.
Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or
email to mdh.regs@maryland.gov. Comments will be accepted through January 27,
2025. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “Administrative action” means an order issued by the Board for
reasons other than the disciplinary grounds under Health Occupations Article,
§14-404, Annotated Code of Maryland, and that is not considered a disciplinary
action.
(2) “Administrative expungement” means the classification of a
record by the Board as confidential, not for public release, and removed from
the licensee’s public individual profile.
[(1)] (3)—[(6)] (8) (text
unchanged)
[(7)] (9) “Applicant” means an individual who
has submitted an application to:
(a) The Board for initial licensure, for administrative
expungement, or for administrative reinstatement; or
(b) (text unchanged)
[(8)] (10)—[(29)] (31)
(text unchanged)
(32) “Public individual profile” means the licensee profile
maintained by the Board in accordance with Health Occupations Article,
§14-411.1, Annotated Code of Maryland.
[(30)] (33)—[(41)] (44)
(text unchanged)
.18 Administrative Expungement.
A. Administrative Expungements.
(1) The Applicant may file with the Board an application for
administrative expungement to have records of an administrative action by a
disciplinary panel classified as confidential, not for public release, and
removed from the licensee’s public individual profile, if:
(a) The application is submitted more than 3 years after the
imposition of an administrative action by the Board or after administrative
reinstatement or termination of suspension of the license, whichever is later;
(b) The licensee had no incidents of a public sanction since the
administrative action identified in the application occurred; and
(c) The licensee is not currently under probation or
investigation by the Board.
(2) An application for administrative expungement shall only be
granted for the following administrative actions:
(a) Failure to pay taxes or unemployment insurance contributions
under Health Occupations Article, §1-213(b), Annotated Code of Maryland;
(b) Failure to complete continuing medical education
requirements under Health Occupations Article, §14-316(d), Annotated Code of
Maryland;
(c) Failure to renew a license on time under Health Occupations
Article, §14-606(a)(5), Annotated Code of Maryland; or
(d) Failure to notify the Board in writing of change of name or
address within the time required under Health Occupations Article, §14-316(f).
(3) An administrative expungement shall not be considered for
any license denials, reprimands, probations, suspensions, and revocations
issued pursuant to Health Occupations Article, §14-404, Annotated Code of
Maryland.
B. Application for Administrative Expungement.
(1) The application for administrative expungement shall be
filed in writing on a form provided by the Board.
(2) The application fee shall be $450.
(3) The application fee is non-refundable.
C. Disposition of Application.
(1) If the applicant meets the requirements specified in §§A and
B of this regulation, the Board shall inform the applicant when to expect the
records to be removed from the applicant’s public practitioner profile as
required in Health Occupations Article, §14-411.1, Annotated Code of Maryland,
and when all Board records will be classified confidential.
(2) If the applicant does not meet the requirements specified in
§§A and B of this regulation, the applicant will be deemed ineligible and the
Board shall notify the applicant in writing.
(3) An applicant whose application is ineligible under §C(2) of
this regulation may reapply when they meet the criteria.
D. The Board is not required to report an administrative
expungement to any national database.
E. Nothing in this regulation shall prohibit the Board from
using a Board record, previous sanction, or disciplinary action for any
regulatory purpose or from releasing records to law enforcement or other
governmental body as permitted by law.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 44 BOARD OF DENTAL EXAMINERS
10.44.22 Continuing Education
Authority: Health Occupations Article, §4-205(a) and (b), Annotated
Code of Maryland
Notice of Proposed Action
[24-214-P]
The Secretary of Health proposes to amend Regulations .02, .04—.06,
and .08, adopt new Regulations .09, .10,.14,
recodify existing Regulations .09—.11,.13 to be Regulations .11—.13,.15,
and repeal existing Regulations .12,.14 under COMAR 10.44.22
Continuing Education. This action
was considered considered by the Board of Dental Examiners at a public meeting
held on July 19, 2023, notice of which was given under the Notice of Public
Meetings link on the Board’s website pursuant to State Government Article,
§10-506(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Delineate acceptable continuing education programs and the
hours permitted under those programs;
(2) Increase the number of hours of the Board’s required infection
control course from 2 to 3 hours as a condition of license renewal;
(3) Allow dentists and dental hygienists to receive up to 2
continuing education hours per renewal cycle for attendance at regularly
scheduled open session Board meetings;
(4) Alter the dates upon which licensees must complete continuing
education programs as a condition of license renewal;
(5) Allow dentists and dental hygienists to receive continuing
education credit for completing a required course on implicit bias training;
(6) Amend the list of automatically approved sponsors of continuing
education;
(7) Provide a mechanism for approval of continuing education
sponsors who are not automatically approved;
(8) Accept for continuing education credit those courses that have
been approved by certain credentialing agencies;
(9) Delineate the contents of continuing education certificates of
completion; and
(10) Amend the existing procedures for conducting continuing
education audits.
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 Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or
email to mdh.regs@maryland.gov. Comments will be accepted through January 27,
2025. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(6) (text unchanged)
(7) “Significant change” means a change in a Board-approved
continuing education program that in the sole discretion of the Board produces
a measurable change in the course material or course objectives.
[(7)] (8) (text unchanged)
(9) “Webinar” means a live seminar or other presentation for
continuing education credit that takes place on the Internet, allowing
participants in different locations to see and hear the presenter and ask
questions and receive responses in real time.
.04 Requirements.
A. All continuing education credits shall be pre-approved by the
Board.
B. A licensee seeking renewal shall complete at least 30 full
hours of Board-approved continuing education.
C. Of the 30 hours of Board-approved continuing education, a
minimum of 13 hours shall be completed with attendance at:
(1) In-person Board-approved courses or programs; or
(2) Webinars.
D. To be considered for Board approval, a webinar shall:
(1) Be designed to enhance the licensee’s clinical knowledge and
ability to treat dental patients;
(2) Be presented in real time;
(3) Allow all participants an opportunity to interact with the
instructor; and
(4) Allow the participants an ample opportunity to ask questions
and receive responses in real time.
E. A pre-recorded webinar viewed by a licensee that otherwise
meets the requirements of this chapter may be considered by the Board for
continuing education credit toward the 17 hours that do not require in-person
attendance.
F. A maximum of 17 hours of Board-approved continuing education
may be earned for self-study activities, including:
(1) Preparing and presenting table clinics;
(2) Preparing lectures; and
(3) Preparing articles for publication in dental journals.
G. Continuing education courses and programs shall meet the
criteria established in Regulation .06 of this chapter.
H. A licensee shall maintain written documentation of successful
completion of continuing education programs for 5 years.
I. A licensee may not receive continuing education credit for a
course or program that was:
(1) Not Board-approved; or
(2) Completed before the course or program gained Board
approval.
J. Unless otherwise provided in this chapter, the Board may not
accept a submission for continuing education credit of less
than 1 hour.
[A.] K. (text unchanged)
[B.] L. A licensee seeking renewal shall
complete [not less than 30 full hours of continuing education, including]
a Board- approved course of 2 hours [of] in infection
control.
M. A licensee seeking renewal in 2025 and thereafter shall
complete a Board-approved course of 3 hours in infection control every renewal
cycle.
[C.] N. A licensee seeking renewal [in
2011 and thereafter] shall complete a Board-approved course of 2 hours
in abuse and neglect.
[D.] O. The 2-hour, Board-approved course in
abuse and neglect required by [§C] §N of this regulation shall:
(1)—(3) (text unchanged)
[E.] P. A dentist seeking renewal [in
2015 and thereafter] shall complete a 2-hour Board- approved course on
proper prescribing and disposal of prescription drugs[. This course],
which shall count toward the 30 full hours of required continuing
education.
[F.] Q. The 2-hour Board-approved course on
proper prescribing and disposal of prescription drugs required by [§E]
§P of this regulation shall be completed by each dentist every other
renewal cycle.
[G.] R. (text unchanged)
[H.] S. Cultural Competency, Military
Culture, and Implicit Bias Training. A licensee may receive up to a
combined total of 4 continuing education hours for Board-approved courses
on [cultural competency.]:
(1) Cultural competency;
(2) Military culture; or
(3) Implicit bias training.
[I.] T. (text unchanged)
U. A study club course shall first receive Board approval before
attendees may receive continuing education credit for attendance at the study
club meeting.
V. Dentists and dental hygienists may receive one continuing
education credit for attending a regularly scheduled open session Board meeting
in its entirety.
W. The Board shall issue a certificate of completion to dentists
and dental hygienists who attend a regularly scheduled open session Board
meeting in its entirety.
X. A dentist or a dental hygienist may earn up to two continuing
education credits per renewal period for attendance at regularly scheduled open
session Board meetings.
[J.] Y. —[L.] AA. (text
unchanged)
BB. The infection control course identified in §M of this
regulation shall be a single 3-hour course which teaches the practices
contained in the document Centers for Disease Control and Prevention, Summary
of Infection Prevention Practices in Dental Settings: Basic Expectations for
Safe Care, Atlanta, GA: Centers for Disease Control and Prevention, US Dept. of
Health and Human Services; October 2016, or its successor document.
.05 Time Frame for Completing Continuing Education.
A. The period for completing continuing education requirements
extends for a 2-year period from [January 1] July 1 through
[December 31] June 30 of the second year following [year]
the effective date of the license.
B. The 2-year period in which the continuing education shall be
completed ends on [December 31] June 30 of the year in
which the license is due for renewal.
C. For the renewal period beginning on June 1, 2025, only, the
period for completing continuing education requirements extends for the period
January 1, 2023, through June 30, 2025.
.06 Course and Program Eligibility.
A. Eligibility Guidelines.
(1) (text unchanged)
(2) Abuse and Neglect Courses, Cultural Competency Courses, Military
Culture Courses, Implicit Bias Training Courses, and Pro Bono Programs. To
qualify for continuing education credit for license renewal:
(a) The mandatory course in abuse and neglect identified in
Regulation [.04C and D] .04N and O of this chapter:
(i) [Do] Does not need to be designed to
enhance the licensee’s clinical knowledge and ability to treat dental patients;
and
(ii) (text unchanged)
(b) Cultural competency courses:
(i) (text unchanged)
(ii) Shall be offered by a Board-approved sponsor; [and]
(c) Military culture courses:
(i) Do not need to enhance the licensee’s clinical knowledge;
and
(ii) Shall be offered by a Board-approved sponsor;
(d) Implicit bias training courses:
(i) Do not need to be designed to enhance the licensee’s
clinical knowledge and ability to treat dental patients; and
(ii) Shall be approved by the Maryland Office of Minority Health
and Health Disparities.
[(c)] (e) (text unchanged)
B. Excluded Courses and Programs. Courses and programs that are not
approved for continuing education credit for license renewal include, but are
not limited to, the subjects of:
(1)—(3) (text unchanged)
(4) With the exception of those courses or programs on cultural
competency, military culture, and implicit bias training courses, cultural
subjects;
(5)—(8) (text unchanged)
.08 Automatically Approved Sponsors [and Equivalents].
A. (text unchanged)
[B. The Board may approve other sponsors of continuing
education credits according to the following:
(1) Sponsors not identified in §A(2) of this regulation may
petition the Board for approval of continuing education that they offer; and
(2) The Board shall evaluate the sponsors in §B(1) of this
regulation and may, at its discretion, set standards and criteria.
C. If the subject matter of a course, program, or activity
satisfies the requirements of Regulation .06 of this chapter, a licensee may
petition the Board to accept as the equivalent of an eligible continuing
education course or program offered by an approved sponsor:
(1) Courses or programs offered by other sponsors; or
(2) Time spent in any of the following activities:
(a) Preparing and presenting table clinics;
(b) Preparing lectures;
(c) Preparing articles for publication in dental journals; or
(d) Attending study clubs or other meetings involved with clinical
dentistry.
D. The Board may accept from any licensee up to 17 hours of
continuing education credits for self-study activities for the following:
(1) Courses or programs from approved sponsors identified in §A(2)
of this regulation that are designed to enhance the licensee's clinical
knowledge and ability to treat dental patients; and
(2) Courses or programs from sponsors not identified in §A(2) of
this regulation if the:
(a) Sponsor has petitioned the Board for and received approval of
the sponsor's continuing education course or program; and
(b) Continuing education activities qualify under §C of this
regulation.]
B. The Board approves for credit any course or program that is
designed to enhance the licensee’s clinical knowledge and ability to treat
dental patients and is approved by any one of the following credentialing
agencies:
(1) The American Dental Association Commission for Continuing
Education Recognition Program (CERP);
(2) The Academy of General Dentistry Program Approval for
Continuing Education (PACE);
(3) The American Association of Dental Boards Accredited
Continuing Education Program (ACE); and
(4) The American Academy of Dental Hygiene (AADH).
.09 Approval and Rescission of Continuing Education Programs for
Sponsors Who Are Not Automatically Approved.
A. The Board may approve individual programs of sponsors who are
not automatically approved sponsors of continuing education credits under
Regulation .08 of this chapter.
B. Applicants meeting the requirements of this chapter, who are
not automatically approved to sponsor continuing education programs may apply
to the Board at least 90 days before the scheduled program for authorization to
sponsor a program.
C. The Board shall provide the applicant with an application
form.
D. An applicant shall provide the following information on the
application which shall be submitted to the Board along with a processing fee
as set forth in COMAR 10.44.20:
(1) Full name, business address, and contact information of the
sponsor;
(2) Full name of the program for which approval is sought;
(3) A program description;
(4) Program objectives;
(5) A detailed syllabus of the course;
(6) Continuing education hours requested;
(7) An overview of any examinations that shall be passed as a
condition of program completion; and
(8) A sample of the certificate of completion that will be
provided to program participants.
E. In addition to the requirements of §D of this regulation, the
applicant shall provide the following to the Board regarding the program
presenter or speaker:
(1) Full name, business address, and contact information;
(2) Current curriculum vitae;
(3) Educational background and all professional degrees earned;
(4) A list of all professional licenses or certifications held;
(5) A brief description of any other professional programs
taught; and
(6) A copy of any public disciplinary orders issued by any
health occupational board, including the Maryland Dental Board.
F. The Board shall give notice to the applicant that the
applicant has been approved or disapproved, including a statement whether the
number of approved continuing education hours is different from the number
requested.
G. If a program is disapproved, the Board shall advise the
applicant of the reasons for disapproval.
H. An approval of a particular program is an approval of the
program and the presenter or speaker of that program.
I. A sponsor shall resubmit an application and pay a processing
fee for approval of the program if:
(1) The presenter or speaker changes; or
(2) There is a significant change in the course material or
course objectives.
J. Fees for approval of a continuing education program are
nonrefundable.
K. A licensee or certificate holder under a Board order may not
present a continuing education course or program during the pendency of their
Board order.
L. A sponsor of a Board-approved continuing education program
shall:
(1) Maintain records of all attendees for at least 5 years;
(2) Provide copies of program attendance to the Board upon
request;
(3) Provide attendees with an opportunity to complete a program
evaluation at the conclusion of the program, which shall be provided to the
Board upon request; and
(4) Allow the Board to audit the program upon payment of any
applicable program fees.
M. The Board may rescind approval of a continuing education
course or program if it determines that:
(1) The course or program:
(a) Does not meet the requirements of Regulations .06 and .07 of
this chapter; or
(b) In the Board’s sole discretion, does not meet its stated
objectives; or
(2) The sponsor has committed fraud or made other
misrepresentations to the Board.
.10 Certificates of Completion.
Legible certificates of program completion shall be provided to
those who complete the program and shall contain at least:
A. The full name of the sponsor;
B. The full name of the program;
C. The dates of program presentation;
D. The location of the program, including whether the program
was presented electronically;
E. The number of continuing education hours awarded, which may
not exceed those approved by the Board;
F. The printed name and signature of the presenter or speaker;
G. A statement that the program is approved by the Board;
H. The Board’s program approval number; and
I. A statement that the sponsor maintains responsibility for the
program.
.14 Audit of Continuing Education Records.
A. A dentist or dental hygienist who has completed the
continuing education requirements shall attest to the completion on a form
supplied by the Board as part of the application for license renewal,
reinstatement, or reactivation.
B. The Board may request verification of compliance with this
chapter through inspection of continuing education records maintained by
licensees in accordance with Regulation .03A of this chapter.
C. Except as provided in this regulation, the Board shall audit
a percentage of dentists and dental hygienists, selected by the Board for each
renewal cycle.
D. A licensee who receives notice of a continuing education
audit shall verify compliance with this chapter by the date specified in the
notice and submit to the Board a report of the continuing education hours
required for renewal on a form approved by the Board along with the appropriate
documentation.
E. Documentation. A dentist or dental hygienist shall provide to
the Board:
(1) A certificate of completion for approved courses or
programs;
(2) Current CPR certification as specified under Regulation .04
of this chapter;
(3) If applicable, proof of Board-approved pro bono dental or
dental hygiene services provided; and
(4) If a certificate of completion is not available,
satisfactory proof of time spent preparing and presenting table clinics,
lectures, articles for publications in dental or medical journals, or attending
study clubs, or other meetings involved with performing clinical dentistry.
F. A dentist or a dental hygienist may request an extension of
time to comply with the requirements of this chapter.
G. A request for an extension of time under §F of this
regulation shall:
(1) Be made in writing;
(2) Detail and document the reasons the licensee was not able to
complete the continuing education requirements within the allotted time; and
(3) Provide a period of time requested by the licensee to
complete the required continuing education.
H. The grant of an extension and the period of the extension is
within the sole discretion of the Board.
I. A dentist or dental hygienist who requests and is granted an
extension of time by the Board shall be audited at the next renewal cycle.
J. A dentist or dental hygienist granted an extension of time
shall attest to completion of continuing education requirements by the end of
the extension period.
K. Failure to submit the required attestation or failure to meet
continuing education requirements by the end of the extension period may
subject the licensee to disciplinary action.
L. The Board’s staff shall conduct a preliminary review and
evaluation of the documentation submitted to the Board and report their
findings to the Board.
M. After the Board’s review of the submitted documentation, the
Board may find one or both of the following:
(1) That the dentist or dental hygienist has not met the Board’s
continuing education requirements; or
(2) That the dentist or dental hygienist has submitted courses
or programs that have not been Board-approved.
N. The Board may require a dentist or a dental hygienist who has
not met the Board’s continuing education requirements or who has submitted
courses or programs that have not been Board-approved to take additional
continuing education courses or programs in order to meet the Board’s
continuing education requirements.
O. Penalties for Violation.
(1) A false, misleading, or deceptive statement on a renewal,
reinstatement, or reactivation form may constitute unprofessional conduct and
may result in disciplinary action against the licensee as set forth in Health
Occupations Article, §4-315, Annotated Code of Maryland.
(2) Failure to complete continuing education requirements within
the time period specified under Regulation .05 of this chapter or any
applicable extension constitutes unprofessional conduct and may result in
disciplinary action against the licensee as set forth in Health Occupations
Article, §4-315, Annotated Code of Maryland.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 63 COMMUNITY-BASED BEHAVIORAL
HEALTH PROGRAMS AND SERVICES
10.63.08 Civil Money
Penalty
Authority: Health-General Article, §§7.5-205(b)(2)—(3), (d),
7.5-402(a)(6), Annotated Code of Maryland.
Notice of Proposed Action
[24-190-P]
The Secretary of Health proposes to adopt new Regulations .01—.05
under a new chapter, COMAR 10.63.08 Civil Money Penalty.
Statement of Purpose
The purpose of this action is to establish rational criteria for
the Maryland Department of Health’s Behavioral Health Administration to assess
civil penalties for violations of COMAR 10.63 (Community Behavioral Regulation)
in order support improved compliance, reduced fraud, and provide a more
equitable and sustainable operating environment for providers of behavioral
health services in Maryland.
Estimate of Economic Impact
I. Summary of Economic Impact. The Behavioral Health
Administration believes that these regulations will increase the quality of
care provided by 10.63 providers. While some providers will see civil money
penalties levied against them, the intention is not to penalize legitimate service
providers. The Department requires a regulatory avenue to address violations of
federal or state law or regulation. The true impact will be difficult to
conceptualize at this time as the impact will vary largely depending on the
nature, severity, and length of violation.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of
Health
|
(R+)
|
Indeterminable
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Community Behavioral
Health Providers
|
(-)
|
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.)
A. While some providers will see civil money penalties levied
against them resulting in an increase in revenue for the Department, the true
impact will be difficult to conceptualize at this time as the impact will vary
largely depending on the nature, severity, and length of violation.
D. While some providers will see civil money penalties levied
against them, the true impact will be difficult to conceptualize at this time
as the impact will vary largely depending on the nature, severity, and length
of violation.
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 an impact on individuals with disabilities
as follows:
The proposed action creates a civil money penalty for community
behavioral health providers, the Department believes these regulations will
result in better care for individuals requiring community behavioral health
services, including individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534, Baltimore, MD 21201, or call 410-767-0938, or email
to mdh.regs@maryland.gov. Comments will be accepted through January 27, 2025. A
public hearing has not been scheduled.
.01 Scope.
This chapter establishes standards for the imposition of civil
money penalties against an organization or program determined to be in
violation of this subtitle.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Material Violation
(1) “Material violation” means any course of conduct, including
a single incident, that may cause a program, individual, or organization to
fail to comply with any statutory, regulatory, or contractual requirement.
(2) “Material violation” includes but is not limited to:
(a) Fraudulent or other behavior which influences or may
influence the payment or receipt of money or other property;
(b) Practices which affect or may affect the health or safety of
any individual;
(c) Practices which violate or may violate participant rights;
or
(d) Failure to comply with a plan of correction or correct
deficiencies after receiving a notice of deficiencies.
.03 Civil Money Penalty — Imposition.
A. The Department may impose a civil money penalty against an
organization for a material violation of a State or federal law or regulation
in any of its programs.
B. The Department may additionally cite violations of
accreditation standards in support of an identified violation of law or
regulation.
C. A civil money penalty may be imposed regardless of whether
any other civil, criminal, or administrative action is taken against the
organization or program by any State, federal, or Departmental agency for the
same covered period or violation.
D. If a violation occurs at multiple site locations of an
organization, each location will constitute a separate violation. If there are
multiple services at a location and the violation occurs with multiple
services, each service will constitute a separate violation.
E. If the Department determines that a material deficiency, or
continuing pattern of deficiencies which together amount to a material
violation, exists, the Department shall notify the organization of the
deficiency or deficiencies and may:
(1) Permit the organization the opportunity to correct the
deficiencies by a specified date; or
(2) Impose a civil money penalty of up to $500 per day not to
exceed $15,000 in one month until compliance is achieved.
F. If the Department permits an organization the opportunity to
correct the deficiencies by a specific date, and the organization fails to
comply, the Department may impose a civil penalty of up to $500 for each day of
violation until the organization has submitted sufficient documentation of
correction of the deficiency not to exceed $15,000 in 1 month.
G. In determining whether a civil money penalty is to be imposed
and in setting the amount of the civil money penalty, the Department shall
consider each of the following:
(1) The number, nature, and seriousness of the violation or
violations;
(2) The extent to which the deficiency or deficiencies are part
of an ongoing pattern;
(3) The organization’s history with the Department, including
any prior actions that would indicate whether the violation is an isolated
occurrence or represents a pattern of behavior;
(4) The efforts made by the organization to correct the
violations and any continuation of conduct after notification of possible
violations;
(5) The organization’s level of cooperation with the Department
or its agents as it relates to the review of the program;
(6) The degree of risk to the health, life, or safety of individuals
as a result of the violations, including possibly inhibiting an individual’s
ability to receive quality services, and appropriate care and treatment; and
(7) Any other reasonable mitigating factors.
H. The Department shall give consideration to the extent to
which the organization’s size, operations, or financial condition:
(1) May have contributed to the violations; and
(2) May affect the organization’s ability to provide care and
continue program operations after payment of a civil money penalty.
I. If the civil money penalty is imposed under this chapter, the
Department shall issue a written notice to the organization operating the
program that:
(1) States the total amount of the civil money penalties being
imposed; and
(2) Includes the following information:
(a) Each regulation or statute violated;
(b) The amount of each civil money penalty imposed for each
violation;
(c) The manner in which the amount of the civil money penalty
was calculated; and
(d) The organization’s right to request a hearing in accordance
with COMAR 10.63.06; and
(e) The organization’s appeal rights.
J. The notice shall be sent to the organization, owner, resident
agent, and Board of Directors, as appropriate, by certified mail.
.04 Penalty for Unlicensed Operation.
An organization that
operates or purports to operate a service or site without a license that is
required pursuant to this subtitle may be assessed a civil money penalty by the
Department of $1,000 per day of operation per location site or service.
.05 Civil Money Penalty — Appeal.
A. An organization aggrieved by the imposition of a civil money
penalty may appeal the action by filing a request for a hearing in accordance
with COMAR 10.63.06.
B. If the hearing affirms the imposition of the penalty, the
Secretary shall issue a final order which shall state the basis on which the
order is made, the amount of the civil money penalty imposed, and the manner in
which the amount of the civil money penalty was calculated.
C. After exhaustion of all appeals, an organization shall pay a
civil money penalty to the Department within 10 days after the organization
receives a final order that affirms the imposition of the civil money penalty.
D. The Department, at its discretion, may agree to accept a
repayment schedule, which may include a discount for timely payments.
E. If an organization does not pay the civil money penalty to
the Department after receiving the final order or according to a negotiated
repayment schedule:
(1) The balance due shall be referred to the Central Collection
Unit; and
(2) The organization and its programs may be subject to
licensing action.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 67 MARYLAND HEALTHCHOICE
PROGRAM
Notice of Proposed Action
[24-210-P]
The Secretary of Health proposes to:
(1) Amend Regulations .03 and .08
under COMAR 10.67.03 Maryland Medicaid Managed Care Program: MCO Application;
(2) Amend Regulations .03-2, .18,
and.19 under COMAR 10.67.04 Maryland Medicaid Managed Care
Program: Managed Care Organizations;
(3) Amend Regulation .05-1 under COMAR
10.67.05 Maryland Medicaid Managed Care Program: Access;
(4) Amend Regulation .27 under COMAR
10.67.06 Maryland Medicaid Managed Care Program: Benefits; and
(5) Amend Regulation .02 under COMAR
10.67.10 Maryland Medicaid Managed Care Program: Sanctions.
Statement of Purpose
The purpose of this action is to:
(1) Update Managed Care Organizations
(MCOs) staffing requirements for key personnel;
(2) Update Population Health Incentive
Program (PHIP) policy to exclude MCOs with penalties for Healthcare
Effectiveness Data Information Set (HEDIS) MCO Performance Monitoring Policy
for that measurement year;
(3) Add an additional core specialty;
(4) Remove the suspension of automatic MCO
assignments affecting supplemental payments;
(5) No longer require MCOs to provide
vitamins and mineral products that are administered orally;
(6) Authorize the Department to reopen
capitation rates for interim rate adjustments in Calendar Year 2025, and
require MCOs to provide additional necessary information for rate adjustments;
(7) Require MCOs to obtain a National
Committee on Quality Assurance (NCQA) health equity accreditation within 2
years of their enrollment as an MCO;
(8) Place a threshold on the financial
sanctions that can be appealed; and
(9) In accordance with SB0474/HB716 –
Managed Care Organizations - Retroactive Denial of Reimbursement - Information
in Written Statement, add the requirement that the MCO must obtain a written
statement from the third party that they will be responsible for payment.
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 Jordan Fisher Blotter, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 534Baltimore, Maryland 21201, or call 410-767-0638, or
email to mdh.regs@maryland.gov. Comments will be accepted through January 27,
2025. A public hearing has not been scheduled.
10.67.03 Maryland Medicaid Managed Care
Program: MCO Application
Authority: Health-General Article §§15-102 and 15-103, Annotated
Code of Maryland
.03 Organization, Operations, and Financing.
Except as provided in Regulation .02B of this chapter, an MCO
applicant shall include the following information or descriptions in its
application:
A.—H. (text unchanged)
I. The names, addresses, and official capacities of the managing
employees or other individuals responsible for the conduct of the affairs of
the applicant, including concise position descriptions and background, citing
education, training, and experience, for, but not limited to, the applicant's:
(1) [Plan administrator;] Chief Executive Officer;
(2) [Medical director;] Chief Medical Officer;
(3) [Medical records director;] Chief Information
Officer;
(4) [Enrollment/disenrollment director;] Chief
Financial Officer;
(5) [Quality assurance director;] Chief Quality
Officer;
(6) [Case management director;] Clinical
Operations Manager;
(7) [Utilization control manager; and] Chief
Operating Officer;
(8) [Grievance director and marketing director;] Marketing
Director;
(9) Program Integrity Director;
(10) Health Equity Director;
(11) Chief Compliance Officer;
(12) Appeals and Grievances Manager;
(13) Provider Relations Manager;
(14) Special Needs Coordinator, as defined in COMAR 10.67.04.04;
and
(15) Newborn Coordinator, as defined in COMAR 10.67.04.27;
J.—T. (text unchanged)
.08 National Committee on Quality Assurance (NCQA) Accreditation.
A. Effective July 1, 2012, an MCO applicant shall [be] obtain
NCQA [accredited] health plan accreditation within 2 years
of their effective date as an MCO.
B. Effective January 1, 2025, an MCO shall obtain NCQA health
equity accreditation within 2 years of their effective date as an MCO.
10.67.04 Maryland Medicaid Managed Care
Program: Managed Care Organizations
Authority: Health-General Article, §§2-104, 15-101, 15-102.3, and
15-103; Insurance Article, §§15-112, 15-605, and 15-1008; Annotated Code of
Maryland
.03-2 HealthChoice Population Health Incentive Program (PHIP).
A.—K. (text unchanged)
[L. Incentives awarded under this regulation are not appealable
under COMAR 10.67.10.]
L. Effective measurement year 2025, an MCO with penalties under
the HEDIS MCO Performance Monitoring Policy included in the HealthChoice MCO
Agreement shall be excluded from all rounds of PHIP for that measurement year.
M. Incentives awarded under this regulation and exclusion from
PHIP participation are not appealable under COMAR 10.67.10.
.18 Third-Party Liability.
A.—J. (text unchanged)
K. If an MCO identifies another party as being responsible for
retroactive denial of reimbursement, the MCO shall:
(1) Obtain a written statement from the third-party that
includes:
(a) The name and address of the third party; and
(b) Acknowledgment of responsibility for payment of the denied
claim by the third party;
(2) Send this written statement to the provider seeking
reimbursement; and
(3) Provide this written statement or a summary report to the
Department upon request.
.19 MCO Reimbursement.
A.—C. (text unchanged)
D. Interim Rates Adjustments.
(1)—(6) (text unchanged)
(7) The Department shall make an interim rates adjustment in
Calendar Years 2022, 2023, [and] 2024, and 2025 to
account for changes in acuity due to alterations in redetermination and
enrollment processes related to COVID-19.
E. Interim Rate Adjustment for Calendar Year 2025.
(1) The Department shall re-open the capitation rates for
interim rate adjustments in Calendar Year 2025 to revisit the following
adjustments:
(a) Risk adjustment;
(b) Trend;
(c) Administration;
(d) Regional factors; and
(e) Relational modeling.
(2) To assist with the assessment, MCOs shall provide additional
information to the Department upon request, including detailed claims data as
well as a year-to-date HealthChoice Financial Monitoring Report for the
calendar year.
10.67.05 Maryland Medicaid Managed Care
Program: Access
Authority: Health-General
Article, §§2-104, 15-102.1(b)(10), 15-102.3 and 15-103; Insurance Article
§§15-112, 15-605, and 15-1008; Annotated Code of Maryland
.05-1 Access Standards: Specialty Provider Network.
A. Standards and Regions.
(1) (text unchanged)
(2) Overall Network Standards.
(a) An MCO shall meet either the time or distance standard set
forth in Regulation .06A of this chapter for core, major, and pediatric
specialties.
(b) The [8] nine core specialties are:
(i)—(iv) (text unchanged)
(v) Oncology;
[(v)] (vi)—[(viii)] (ix)
(text unchanged)
(c)—(d) (text unchanged)
B. (text unchanged)
C. If an MCO fails to meet the requirements established by this
regulation, the Department may suspend the automatic assignment to the MCO of
recipients who live in the affected local access area. [A suspension of
automatic assignments may affect the MCO’s ability to qualify for the Statewide
supplemental payments specified under COMAR 10.67.04.03-1.]
10.67.06 Maryland Medicaid Managed Care
Program: Benefits
Authority: Health-General Article, Title 15, Subtitle 1, Annotated
Code of Maryland
.27 Benefits — Limitations.
A. The benefits or services not required to be provided by an MCO
are as follows:
(1)—(21) (text unchanged)
(22) Enteral nutritional and supplemental vitamins and mineral
products when administered orally.
B. (text unchanged)
10.67.10 Maryland Medicaid Managed Care
Program: Sanctions
Authority: Health-General Article, §§15-103(b)(9), Annotated Code
of Maryland
.02 Appeal.
A. (text unchanged)
B. The following Department decisions are appealable by the MCO or
MCO applicant:
(1)—(2) (text unchanged)
(3) Decision to impose a fine [or other sanction] valued
at $50,000 or more on the MCO as described in Regulation .01 of this
chapter;
[(4) Order to provide benefits or services to enrollees as
described in COMAR 10.67.09.05;]
[(5)] (4)—[(6)] (5) (text
unchanged)
[(7) The amount of a penalty or incentive as described in
COMAR 10.67.04.03;]
[(8)] (6)—[(10)] (8) (text
unchanged)
C.—D. (text unchanged)
E. The following sanctions shall take effect immediately and are
not subject to stay during the pendency of an appeal:
(1) (text unchanged)
[(2) Orders to provide a benefit or service to enrollees;]
[(3)] (2)—[(5)] (4) (text
unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Title
14
INDEPENDENT AGENCIES
Subtitle
04 MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION
14.04.12 Maryland Small Business
Innovation Research and Technology Transfer Incentive Program
Authority: Economic
Development Article, §10-478, Annotated Code of Maryland
Notice of Proposed
Action
[24-204-P]
The Maryland Technology
Development Corporation proposes to adopt new Regulations .01—.07 under
a new chapter, COMAR 14.04.12 Maryland Small Business Innovation Research
and Technology Transfer Incentive Program. This action was considered by
the Board of Directors of the Maryland Technology Development Corporation.
Statement of Purpose
The purpose of this action
is to draft new regulations to conform to Ch. 205, Acts of 2021 by adding to
the Maryland Technology Development Corporation (“TEDCO”) the Maryland Small
Business Innovation Research and Technology Transfer Incentive Program (“MD
SBIR-STTR Program”).
The MD SBIR-STTR Program
makes available matching awards to qualified Maryland businesses that have
received a Phase I or Phase II award under the U.S. Small Business
Administration Office of Technology’s Small Business Innovation Research (SBIR)
or Small Business Technology Transfer (STTR) program(s). The award is up to 25
percent of the federal SBIR/STTR award (limited to $25,000 for Phase I funding
or $75,000 for Phase II funding).
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed regulations are
required by the enabling statutory legislation and as such the impact of the
regulations is minor. A minor impact is expected on small businesses who has
received federal SBIR or STTR grants from the proposed regulations
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A.
On issuing agency:
|
|
|
|
Maryland Technology Development Corporation
|
(R+)
|
Minor
|
|
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:
|
|
|
|
Companies
eligible for award
|
(+)
|
Minor
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. The proposed regulations are required by the enabling statutory
legislation and as such the impact of the regulations is minor
F. Expands companies eligible for award. Provides certain
qualifying companies that have received a SBIR STTR award with a state match.
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 Alex Choi, Executive Director, Government
Program Development, Affairs, & Research, Maryland Technology Development
Corporation, 10960 Grantchester Way, Suite 120, Columbia, MD 21044, or call
410-715-4192, or email to achoi@tedcomd.com. Comments will be accepted through
January 27, 2025. A public hearing has not been scheduled.
.01 Definitions.
A. Except as otherwise provided in this subtitle, the following
terms have the meanings indicated.
B. Terms Defined.
(1) “Award” means grants, equity financing, debt financing, and
other financial assistance provided under the Program.
(2) “Fund” means the Maryland Small Business Innovation Research
and Technology Transfer Incentive Matching Fund as described in §§10-473—10-478
of the Act.
(3) “Fiscal year” means the 12-month period from July 1 through
the following June 30.
(4) “Program” means the Maryland Small Business Innovation
Research and Technology Transfer Incentive Program as described in
§§10-473—10-478 of the Act.
(5) “Proposal” means the proposal submitted by the business to
an agency of the federal government for a SBIR or STIR award.
(6) “Qualified business” has the meaning stated in §10-401(g) of
the Act.
(7) “SBIR award” means the small business innovation research
award and has the meaning stated in §10-473 of the Act.
(8) “STTR award” means the small business technology transfer
award and has the meaning stated in §10-473 of the Act.
.02 Purpose and Objective.
These regulations prescribe the objectives of the Program and
the procedures and guidelines for TEDCO’s selection of businesses to receive an
award under the Program. The purpose of the program is to foster job creation
and economic development in the State by promoting the commercialization of
research conducted by small businesses in the State and facilitating the
transfer of technology from universities and federal research laboratories to
small businesses.
.03 Eligibility.
A. Eligibility Criteria.
TEDCO may make an award to an applicant, if TEDCO determines the applicant
meets all of the following criteria:
(1) Over half of the
applicant’s workforce works at and from a physical location in the State;
(2) The applicant’s
principal business operations are conducted from a physical location in the
State;
(3) The applicant agrees
to execute a securities repurchase agreement or an equivalent commitment, in
the form determined and approved by the Office of the Attorney General,
requiring the applicant to return to the Fund any money from an award including
accrued interest and fees, if the applicant does not remain a qualified
business for at least 2 years after receiving the award;
(4) The applicant agrees
to return the award if the applicant fails to fulfill the eligibility and
maintenance requirements of the Program as set forth in the Act and §A of this
regulation;
(5) The applicant agrees
to use the award primarily to:
(a) Support business operations in the State; or
(b) In the case of a start-up business, establish and support
business operations in the State;
(6) The applicant employs
not more than 250 employees;
(7) The applicant is not
primarily engaged in retail sales, real estate development, insurance, banking,
or lending;
(8) The applicant is not primarily engaged in the provision of
professional services by accountants, attorneys, or physicians;
(9) The applicant has received a Phase I or Phase II SBIR award
or STTR award during the 6 months immediately preceding the submission of the
applicant’s application under the Program;
(10) The applicant has received no prior award under the Program
in the current fiscal year; and
(11) The applicant has received less than three awards under the
Program.
B. Eligibility
Information. In order to be considered for an award by TEDCO, an applicant
shall submit to TEDCO a written application in accordance with Regulation .04
of this chapter with sufficient information for TEDCO to establish eligibility
under §A of this regulation, including:
(1) The total number of the applicant’s founders and employees
and the number of the applicant’s founders and employees working in the State;
(2) The address of the applicant’s
principal business operations in the State and a copy of the lease, license
agreement, deed, or other document that evidences the applicant’s right to
occupy the physical location of the principal business operations;
(3) Addresses of all the physical
locations of the applicant;
(4) A copy of the applicant’s proposal
submitted to a federal agency for a SBIR award or a STTR award;
(5) A copy of the applicant’s SBIR
award or STTR award notification; and
(6) Any other information required by
TEDCO as necessary to establish that the applicant is eligible for an award
under the Program.
C. Verification of
Information Submitted to TEDCO. An applicant shall verify, in a form approved
by the Office of the Attorney General, the information the applicant submits to
TEDCO in an application for an award.
.04
Procedures and Guidelines for Award Decisions.
A. In General. In its
sole discretion, TEDCO shall select eligible applicants for an award under the
Program based on a written application, applicant’s proposal, and TEDCO’s
diligence.
B. Application Process.
(1) In General. TEDCO
shall make available to the public on or through its website:
(a) An application
process for awards under the Program; and
(b) Deadlines, if any, to
submit the applications.
(2) Required Information.
Through an application, an applicant shall submit information sufficient for
TEDCO to:
(a) Determine whether
applicant meets the eligibility requirements as set forth in the Act and under
Regulation .03 of this chapter; and
(b) Any other information
required to evaluate program criteria and, if applicable, diversity and
inclusion criteria under §B(5) of this regulation.
(3) Preliminary
Evaluation of Eligibility. TEDCO's program staff:
(a) Shall perform an
initial review of each application in accordance with the Act and Regulation
.03 of this chapter; and
(b) May review the
application for program criteria under §B(5) of this regulation and may examine
the applicant’s proposal, budgets, economic impact, and other documents.
(4) Eligibility
Determination. Within 45 days from the date an applicant submits the
application to TEDCO, TEDCO shall notify the applicant if TEDCO finds the
applicant ineligible for an award under Regulation .03 of this chapter.
(5) Program Criteria,
Diversity and Inclusion Criteria, and TEDCO’s Diligence.
(a) If the applicant is eligible for an award by TEDCO, TEDCO
shall consider the program criteria as set forth in §B(5)(b) of this regulation
and diversity and inclusion criteria as set forth in §B(5)(c) of this
regulation and shall conduct diligence as set forth in §B(5)(d) of this
regulation.
(b) Program Criteria.
TEDCO shall use the following criteria as the basis of a scoring rubric to
evaluate eligible applicants:
(i) Whether the
applicant’s business promotes commercialization of research in the State or
facilitates transfer of technology from universities and federal research
laboratories;
(ii) The degree to which
the applicant will utilize the award towards commercialization of the research;
(iii) Whether the
applicant’s business in primarily engaged in research and development
activities that assist in the prevention of, preparedness for, or response to a
public health crisis in the State;
(iv) The potential
economic impact of the applicant’s growth in the State;
(v) Whether the award has
a potential to foster job creation and economic development in the State; and
(vi) Adherence to the
application process.
(c) Diversity and
Inclusion Criteria. TEDCO shall consider whether:
(i) The award has the
potential to result in a positive economic development impact for a region or
an area which is economically distressed or a rural area or a rural community;
and
(ii) A founder of the
applicant or a member of the applicant’s executive leadership has
self-identified as a member of a group that is economically disadvantaged.
(d) Diligence. TEDCO’s
diligence may include:
(i) Review of applicant’s
proposal, budgets, and impact to the State’s ecosystem;
(ii) Site visits;
(iii) Validation of
claims and assumptions made in the application; and
(iv) At TEDCO’s sole
discretion, an applicant’s presentation and interview.
C. Scoring. TEDCO shall
score each applicant in accordance with a uniform scoring rubric based on the
program criteria and diversity and inclusion criteria.
D. Final Approval. The
Chief Executive Officer, in the Chief Executive Officer’s sole discretion,
shall base TEDCO’s final decision regarding an award to an eligible applicant
on:
(1) The application;
(2) The aggregate scores
from the evaluation of the program criteria and diversity and inclusion
criteria under §C of this regulation;
(3) The likelihood that
an award will foster job creation and economic development in the State; and
(4) The amount of money
available for this program.
E. Rejected Applicants.
If an applicant is rejected for an award, TEDCO shall notify the applicant in
writing.
.05
Award Limitations.
Subject to the
availability of money in the Fund, TEDCO shall provide an award to selected
applicants as follows:
A. For Phase I SBIR award or STTR award applicants, an award
under the Program shall be the lesser of:
(1) 25 percent of the Phase I SBIR award or STTR award; or
(2) $25,000.
B. For Phase II SBIR award or STTR award applicants, an award
under the Program shall be the lesser of:
(1) 25% of the Phase II SBIR award or STTR award; or
(2) $75,000.
.06 Nondiscrimination.
An applicant shall comply with all applicable federal, State,
and local laws regarding discrimination and equal opportunity in employment.
.07 Program Administration.
An action or decision required or permitted to be taken or made
by TEDCO under the Act or these regulations, including execution of award
financing documents, may be taken by the Chief Executive Officer or Chief
Executive Officer’s designee.
JIGITA PATEL
Assistant Attorney
General
Subtitle
17 MARYLAND CANNABIS ADMINISTRATION
Notice of Proposed
Action
[24-206-P]
The Maryland Cannabis
Administration proposes to:
(1) Amend Regulation .01
under COMAR 14.17.01 Definitions;
(2) Adopt new Regulation .05
under COMAR 14.17.02 General Regulations;
(3) Repeal existing
Regulation .07, amend and recodify existing Regulation .08 to be
Regulation .07, recodify existing Regulation .09 to be .08,
and adopt new Regulation .09 under COMAR 14.17.04 Medical Cannabis
Program;
(4) Amend Regulation .05
under COMAR 14.17.05 Application Process and Issuance of Licenses;
(5) Adopt new Regulation .12
under COMAR 14.17.06 Standard Cannabis Licenses;
(6) Amend Regulation .02
under COMAR 14.17.07 Micro Licenses;
(7) Amend Regulations .03–.05
under COMAR 14.17.08 Laboratory Registration and Operations;
(8) Amend Regulation .02
under COMAR 14.17.09 Other Cannabis Businesses;
(9) Amend Regulations .02,
.03, and .08 under COMAR 14.17.10 Cannabis Grower Operations;
(10) Amend Regulation .04
and .18 under COMAR 14.17.11 Cannabis Processor Operations;
(11) Amend Regulations .02,
.04, .10 under COMAR 14.17.12 Cannabis Dispensary Operations;
(12) Amend Regulations .08
and adopt new Regulation .12 under COMAR 14.17.13 Cannabis Products;
(13) Amend Regulations .02
and .06 under COMAR 14.17.14 Complaints, Enforcement, Record Keeping,
and Inspections of Cannabis Businesses;
(14) Amend Regulation .05
under COMAR 14.17.15 Cannabis Business Agents;
(15) Amend Regulation .03
under COMAR 14.17.16 Cannabis Business Owners;
(16) Amend Regulation .03
under COMAR 14.17.18 Finished Product Packaging;
(17) Amend Regulation .02
under COMAR 14.17.19 Cannabis Research; and
(18) Amend Regulations .01,
.02, .06, .07, .09, .10, and .12 under COMAR
14.17.22 Hearing Procedures.
Statement of Purpose
The purpose of this action
is to update regulations in response to stakeholder input, align regulatory
language with current practice, and comply with statute. Specifically, it
creates new processes for identifying and addressing medical product scarcity,
for individuals to protest license renewals in accordance with Alcoholic
Beverages and Cannabis Article §36-411, Annotated Code of Maryland, and for the
Administration to consider the approval of novel products approved in other
jurisdictions. Other modifications include exempting sociological information
from inclusion in Public Information Act requests, establishing a standard for
discrepancy reporting requirements, authorizing MCA to collect certain reports,
and amending contested case hearing procedures. Finally, changes are made to
clarify existing requirements and processes for certifying providers,
licensees, registrants, and agents to enhance compliance with State law or
reduce administrative burdens.
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 Alison Butler, Division Chief, Policy Implementation,
Maryland Cannabis Administration, 849 International Drive Linthicum, MD 21090,
or call 443-462-6225, or email to mca.policy@maryland.gov. Comments will be
accepted through January 27, 2025. A public hearing has not been scheduled.
14.17.01 Definitions
Authority: Alcoholic Beverages and Cannabis Article, §36-101,
Annotated Code of Maryland
A. (text unchanged)
B. Terms Defined.
(1)—(35) (text unchanged)
(35-1) “Operational” means physically and actively engaged in
the cultivation, processing, or dispensing of cannabis.
(36)—(41) (text unchanged)
(42) Processor.
(a) “Processor” means an entity licensed by the Administration in
accordance with Alcoholic Beverages and Cannabis Article, §36-401, Annotated
Code of Maryland, that:
(i) (text unchanged)
(ii) Is authorized by the Administration to provide cannabis to [licensed
dispensaries] cannabis licensees and registered independent
testing laboratories.
(b) (text unchanged)
(43)—(58) (text unchanged)
14.17.02 General Regulations
Authority: Alcoholic Beverages and Cannabis Article, §§36-201,
36-401, and 36-403, Annotated Code of Maryland
.05 Sociological Information.
A. For purposes of this regulation and as provided for under
General Provisions Article, §4-330, Annotated Code of Maryland, “sociological
information” means any of the following information requested from the
Administration:
(1) Academic or personal records provided to verify social
equity status;
(2) Records about an individual’s personal history, age, family,
race, national origin, creed, color, sex, pregnancy, sexual orientation, ethnic
background, ancestry, physiology, religion, academic achievement, employment,
gender identity or expression, genetic information, veteran status, or physical
or mental ability;
(3) Family history, identity of relatives, emergency contacts,
or representatives;
(4) Medical or psychiatric history;
(5) Social security number;
(6) Date of birth;
(7) Credit card or other banking information;
(8) Personal addresses, personal phone numbers, personal
electronic mail address, or personal social media account information;
(9) Information regarding marital status, domestic partnership,
dependents, or relatives, including related employment benefits elections;
(10) Information regarding employment status, including
disciplinary records and records related to an application for employment;
(11) Applicant information of those not selected for licensure;
(12) Military service;
(13) Driver’s license number;
(14) Immigration status, passport, or visa numbers;
(15) Any information obtained through employment coaching or
surveys;
(16) Financial information, including income other than State
salary, assets, and liabilities; and
(17) Records not related to the transaction of State business.
B. Except for use in carrying out the Administration’s
governmental functions or except as further provided in §C of this regulation, the
Administration may not disclose under the Public Information Act, General
Provisions Article, §§4-101—4-601, Annotated Code of Maryland, and shall deny a
request for inspection or copying of, any part of a public record that contains
sociological information relating to an individual.
C. The Administration may disclose sociological information:
(1) To the person in interest or the agent or representative of
the person in interest;
(2) With the consent of the person in interest;
(3) Pursuant to a duly issued subpoena;
(4) Pursuant to a court order;
(5) If disclosure is otherwise required by law, including if
required to be disclosed under General Provisions Article, §4-333, Annotated
Code of Maryland, as part of a licensing record; or
(6) If disclosure is otherwise permitted by law and the
Administration determines that disclosure would be in the public’s best
interests.
14.17.04 Medical Cannabis Program
Authority: Alcoholic Beverages and Cannabis Article, §§36-201,
36-301, 36-302, 36-410, and 36-601, Annotated Code of Maryland
[.08] .07
Clinical Directors.
A.—F. (text unchanged)
G. The Administration may request information from licensed
dispensaries on clinical director utilization in a manner specified by the
Administration.
.09 Medical Product Availability.
A. A qualifying patient, registered caregiver, certifying
provider, licensee, or clinical director may submit to the Administration, in a
manner prescribed by the Administration, information about medical cannabis
products that are scarce, limited in production, or no longer available.
B. The Administration may implement programs or incentives to
address product scarcity.
14.17.05 Application Process and Issuance of Licenses
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-401, 36-404, and 36-505, Annotated Code of Maryland
.05 Issuance of a License or Rescission of a Conditional License.
A. Conditional License Period.
(1)—(3) (text unchanged)
(4) For purposes of determining consistent good faith
effort in §A(3), the Administration will consider demonstrating legal control
of a premises to indicate consistent good faith effort if the premises:
(a) Is suitable for the operations of the cannabis license; and
(b) Complies with local planning and zoning requirements.
[(4)] (5)—[(7)] (8) (text
unchanged)
B.—F. (text unchanged)
14.17.06 Standard Cannabis Licenses
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, 36-401, 36-405—36-407, 36-411, 36-503, and 36-802 Annotated Code
of Maryland
.12 Protest of Renewal.
A. Individuals may file a protest against cannabis license
renewal with the Administration in a manner prescribed by the Administration.
B. A valid filing of a protest against license renewal under
this regulation shall be made by ten or more individuals who are located within
1,000 feet of the license location and are:
(1) Residents;
(2) Commercial tenants; or
(3) Real estate owners.
C. A protest against license renewal shall be made on the basis
of:
(1) A violation by the licensee of this subtitle or Alcoholic
Beverages and Cannabis Article, Title 36, Annotated Code of Maryland;
(2) A violation by the licensee of civil or criminal law; or
(3) Conduct by the licensee that creates or maintains conditions
that allow other individuals to act in a manner that disturbs the public peace,
including:
(a) Obstruction of public rights-of-way by unruly crowds;
(b) Assault, battery, or other disorderly conduct that disturbs
the public peace;
(c) Vandalism; or
(d) Littering.
D. Reasonable Grounds.
(1) Individuals may only demonstrate reasonable grounds for a
protest against license renewal by:
(a) Submitting criminal or civil citations, violations, incident
reports, or other sanctions against the licensee by:
(i) Local law enforcement;
(ii) The Maryland Cannabis Administration;
(iii) The Alcohol, Tobacco or Cannabis Commission; or
(iv) Any other unit of government with the legal authority to
issue fines, citations, or other violations; or
(b) Submitting criminal or civil citation, violations, or other
sanctions against an individual for conduct occurring within 1,000 feet of the
licensed establishment by:
(i) Local law enforcement; or
(ii) Any other unit of government with the legal authority to
issue fines, citations, or other violations.
(2) The Administration shall determine if the protest filed is
based on reasonable grounds.
(3) In making the determination of reasonable grounds, the
Administration may consider the number of citations, violations, or other
sanctions filed under §D(1) of this regulation.
(4) A submission under §D(1) of this regulation may only be used
for the purposes of a single protest against license renewal filing.
E. Protest of Renewal Hearing.
(1) If the Administration determines that the protest is based
on reasonable grounds, the Administration shall:
(a) Hold a hearing in accordance with COMAR 14.17.22 of this
subtitle; and
(b) Notify the licensee no later than 30 days prior to the
hearing date.
(2) A hearing under this regulation shall be held within 6
months of the determination by the Administration that the protest was filed on
the basis of reasonable grounds.
F. Sanctions.
(1) As a result of a hearing held under this regulation, the
Administration may immediately:
(a) Suspend, fine, or revoke a license; and
(b) Develop a corrective action plan for the licensee.
(2) In determining sanctions against the licensee, the
Administration may consider the:
(a) Number of individuals filing the protest;
(b) Grounds on which the protest was filed;
(c) Number of citations, violations, or other sanctions filed
against the license as a part of the protest against license renewal; and
(d) Any prior protest against license renewal filings or other
violations issued by the Administration.
14.17.07 Micro Licensees
Authority: Alcoholic Beverages and Cannabis Article, §§36-202—203,
36-401, and 36-503, Annotated Code of Maryland
.02 Term of License and License Renewal.
A.—B. (text unchanged)
C. The Administration may verify compliance with the operational
restrictions under §B of this regulation within the first 24 months of a micro
licensee’s operations by:
(1)—(2) (text unchanged)
(3) For dispensaries, investigating or otherwise verifying that the
licensee:
(a) (text unchanged)
(b) Employs [fewer] no more than ten [individuals]
registered agents; and
(c) (text unchanged)
D. (text unchanged)
14.17.08 Laboratory Registration and Operations
Authority: Alcoholic Beverages and Cannabis Article, §§36-202—204,
and 36-408, Annotated Code of Maryland
.03 Standards of Care.
A. The independent testing laboratory shall:
(1)—(9) (text unchanged)
(10) Make any security video surveillance recording available to
the Administration or law enforcement agency for just cause as requested within
48 hours; [and]
(11) Maintain a log of all visitors to the premises for 2 years[.];
and
(12) Conspicuously display a copy of its laboratory registration
at the registered premises.
B. (text unchanged)
.04 Term and Renewal.
A. (text unchanged)
B. An independent testing laboratory may renew its registration by
submitting to the Administration:
(1) A [copy of the independent testing laboratory]
registration renewal form completed in the manner specified by the
Administration;
(2)—(3) (text unchanged)
.05 Independent Testing Laboratory Responsibilities.
A. In this regulation, “supporting data” means charts, graphs,
spectra, or other information resulting from the testing of cannabis or
cannabis products.
[A.] B. An independent testing laboratory
shall:
(1)—(2) (text unchanged)
(3) Perform sampling, testing, and analysis of cannabis and
cannabis products in accordance with the Administration’s Technical Authority;
(4) In the event [of] a test result [which
falls out of specification] is outside action limits:
(a) Follow standard operating procedure to confirm or refute the
original result; [and]
(b) Notify the Administration of the failed test result via
reporting in the seed-to-sale tracking system within 24 hours of the
determination; and
(c) Follow testing protocols established in the MCA’s Technical
Authority.
(5) Issue to the licensee a certificate of analysis for each batch
or lot, with supporting data upon request, to report concentrations
of compounds, presences of contaminants, and whether the batch or lot is
within [specifications] action limits for certain
characteristics, as required by the Technical Authority; and
(6) (text unchanged)
[B.] C. An independent testing laboratory may
only handle, test, or analyze cannabis or cannabis products if it:
(1) (text unchanged)
(2) Is independent from [all other persons and entities involved
in the cannabis industry] any entity licensed under Alcoholic
Beverages and Cannabis Article, §36-401, Annotated Code of Maryland, to grow,
process, or dispense cannabis;
[C.] D. Upon request, in a format determined
by the Administration, independent testing laboratories shall:
(1) (text unchanged)
(2) As part of a licensee inspection, analyze samples [for
deviation from specification] and provide a written report to the
Administration.
14.17.09 Other Cannabis Businesses
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, 36-401, and 36-409, Annotated Code of Maryland
.02 Cannabis Registrants.
A. A registrant shall be registered with the Administration prior
to providing any laboratory, transportation, disposal, or security
services for any cannabis licensee in Maryland.
B. To register, a cannabis business shall submit:
(1) A completed registration form in the manner specified by the
Administration;
(2) The name[, address, date of birth, and Social Security
number] of each agent for the cannabis business;
[(3) A security plan, including emergency protocol;
(4) A copy of the articles of incorporation and authorization to do
business in Maryland;]
[(5)] (3)—[(7)] (5) (text
unchanged)
C. (text unchanged)
D. The Administration may deny a registration or renewal for
any good cause as determined by the Administration.
E.—G. (text unchanged)
H. The business may renew its registration
by submitting to the Administration:
(1) A [copy of the]
registration renewal form completed in the manner specified by the
Administration; and
(2) [Proof that fingerprints
have been submitted to CJIS and the FBI for every cannabis agent.] The
registration fee established in COMAR 14.17.21.
I. (text unchanged)
14.17.10 Cannabis
Grower Operations
Authority:
Alcoholic Beverages and Cannabis Article, §§36-202, 36-203, 36-401, 36-402, and
36-410, Annotated Code of Maryland
.02 Cannabis Grower Premises.
A. In this regulation, the following terms have the meanings
indicated.
(1) “Indoor cultivation” means producing cannabis plants in a
permanent structure that provides control of environmental conditions using artificial
heating, air conditioning, or other climate control.
(2) “Outdoor cultivation” means producing flowering
cannabis plants in an area that is directly or indirectly exposed to outdoor
elements.
(3) Permanent structure.
(a) “Permanent structure” means a structure that is designed to
be used for cultivation for 180 days or more in a one year period.
(b) “Permanent structure” includes a building, shipping
container, or greenhouse.
[A.] B. (text unchanged)
[B.] C. [Additional Provisions for
Field or Greenhouse Cultivation Premises.] Outdoor cultivation
premises are subject to the following, additional provisions:
(1) A grower premises for [field] outdoor
cultivation of cannabis shall be situated to maintain the greatest achievable
level of privacy and security.
(2)—(4) (text unchanged)
(5) [A video surveillance system shall be supported by
adequate security lighting which may be modified as necessary to include motion
control sensors to protect light-dark cycles for proper cultivation] A
grower may modify its security lighting to protect light-dark cycles for proper
cultivation, provided the security lighting complies with §§C(4) and F of this
regulation.
(6) An outdoor cultivation area may not:
(a) Be enclosed by a permanent structure; or
(b) Employ any artificial heating, air conditioning, or other
climate control.
(7) In determining whether a cultivation premises qualifies as
outdoor, the Administration may consider the number of cultivation cycles that
can be produced at the facility.
[C.] D.—[F.] G. (text
unchanged)
[G.] H. Video Surveillance Requirements.
(1)—(6) (text unchanged)
(7) Violation.
(a) (text unchanged)
(b) Each day of recording within the timeframe in [§G(5)(d)]
§H(5)(d) of this regulation that a grower fails to provide to the
Administration constitutes a separate violation.
[H.] I.—[I.] J. (text
unchanged)
.03 Cannabis Grower Controls.
A. (text unchanged)
B. Growing Cannabis.
(1) Horticultural Controls.
(a)—(d) (text unchanged)
(e) Pest Monitoring. A grower shall use integrated pest management
practices and techniques to identify and manage plant pathogen and pest
problems, including:
(i)—(ii) (text unchanged)
(iii) The use of sticky cards in growing areas, when applicable;
and
(iv) (text unchanged)
C. (text unchanged)
D. Quality Controls.
(1)—(4) (text unchanged)
(5) Batch Release Controls.
(a) (text unchanged)
(b) If a grower receives test results that [do not meet
specifications] fall outside action limits, the grower:
(i) [Shall notify the Administration of the determination
within 24 hours of receiving the test results;
(ii)] (text unchanged)
[(iii)] (ii) (text unchanged)
(6)—(7) (text unchanged)
E. (text unchanged)
.08 Discrepancy, Theft, and
Diversion Reporting.
A. (text unchanged)
B. Theft or Diversion. If the grower finds evidence of a theft or
diversion, the grower shall report the theft or diversion to the Administration
[and to the law enforcement agency with jurisdiction in the grower’s
area] within 1 business day.
C. (text unchanged)
14.17.11 Cannabis Processor Operations
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, and 36-401, Annotated Code of Maryland
.04 Cannabis Product
Processing.
A.—B. (text unchanged)
C. Batch Release Controls.
(1) (text unchanged)
(2) If a licensed
processor receives test results that the lot [does not meet
specifications] falls outside action limits, the licensed
processor:
(a) [Shall notify
the Administration of the determination within 24 hours of the receiving the
test results;
(b)] May rework or
reprocess the lot according to their standard operating procedure; and
[(c)] (b)
(text unchanged)
(3)—(4) (text unchanged)
D. (text unchanged)
.18 Discrepancy, Theft, and
Diversion Reporting.
A. (text unchanged)
B. Theft or Diversion. If the processor finds evidence of a theft
or diversion, the processor shall report the theft or diversion to the
Administration [and to the law enforcement agency with jurisdiction in
the processor’s area] within 1 business day.
C. (text unchanged)
14.17.12 Cannabis Dispensary Operations
Authority: Alcoholic
Beverages and Cannabis Article, §§36-202, 36-203, 36-401, and 36-410, Annotated
Code of Maryland
.02 Standard Cannabis Dispensary.
A.—L. (text unchanged)
M. Standard Dispensary Premises Organization.
(1)—(6) (text unchanged)
(7) All cannabis, other than that being displayed, packaged, or
dispensed during [business hours] hours of operation,
shall be kept in a secure room that complies with §G(2) of this regulation.
(8) (text unchanged)
N.—O. (text unchanged)
P. To provide curbside pick-up, a standard dispensary shall:
(1) Designate curbside pick-up parking spots within 100 feet from
the dispensary’s [main] entrance and ensure that dispensary
agents only deliver cannabis or cannabis products to the designated parking
spots;
(2)—(3) (text unchanged)
Q. Cannabis Display. A dispensary may store cannabis in a clear,
tamper-evident canister for display purposes, provided the following conditions
are met:
(1) During hours of operation, the canister is:
(a) Stored out of sight behind the service area counter when not
being actively examined by a qualifying patient, registered caregiver, or
adult-use consumer; or
(b) Otherwise stored securely to prevent unauthorized removal of
the canister;
(2) Outside of hours of operation, the canister is stored in the
dispensary’s secure room;
(3) Once the display is no longer in use, the dispensary green
wastes the cannabis in accordance with its standard operating procedures;
(4) Product stored inside the display jars is not easily
accessible or removable by qualifying patients, registered caregivers, or
adult-use consumers; and
(5) Cannabis used for display is recorded in accordance with
seed-to-sale tracking system procedures.
.04 Dispensary Operations.
A.—D. (text unchanged)
E. Upon request by a qualifying patient, registered caregiver,
or adult-use consumer, a dispensary shall display any labeling information
required under COMAR 14.17.18.03 in an easily readable format.
.10 Discrepancy, Theft, or
Diversion.
A. Discrepancy Reporting.
(1) If a dispensary discerns a discrepancy between the inventory of
stock and the seed-to-sale tracking system [outside of normal weight
loss due to moisture loss and handling] of greater than 0.5 percent
of total product weight or items, the dispensary shall:
(a)—(b) (text unchanged)
(2) (text unchanged)
B. Theft or Diversion. If the dispensary finds evidence of a theft
or diversion, the dispensary shall report the theft or diversion to the
Administration [and to the law enforcement agency with jurisdiction in
the dispensary’s area] within 1 business day.
C. (text unchanged)
D. A dispensary shall use the seed-to-sale tracking system for
explanation and reporting of discrepancies less than 0.5 percent.
14.17.13 Cannabis Products
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, and 36-203.1, Annotated Code of Maryland
.08 Cannabis Vaporizing
Devices.
A.—B. (text unchanged)
C. [Cannabis] Except as authorized by COMAR
14.17.12.04, cannabis vaporizing devices may not include[:
(1) Vitamin E Acetate; or
(2) Any other] any solvent, solution, or other
substance deemed to be a risk to public health or safety by the Administration [according
to COMAR 14.17.02.04].
.12 Novel Product Requests.
A. In this regulation, “novel product” means a cannabis product
that is:
(1) Not presently authorized in Maryland; and
(2) Lawfully produced in another jurisdiction.
B. A licensed processor may submit a request to the
Administration in a manner prescribed by the Administration to approve a novel
product.
C. A valid novel product request shall include:
(1) A detailed product description;
(2) An explanation of how the product deviates from current
regulations;
(3) Evidence that the same product type is permitted in at least
one other state’s regulated cannabis market; and
(4) Health and safety information, including but not limited to:
(i) Available information or studies regarding any beneficial or
adverse effects from the use of the product; and
(ii) Packaging and labeling strategies to minimize risk to
patients, consumers, and children.
D. The Administration may:
(1) Make its own determination to approve or deny the request;
or
(2) Defer the request to the Public Health Advisory Council.
E. The Administration reserves the right to make a final
determination on the request.
14.17.14 Complaints,
Enforcement, Record Keeping, and Inspections of Cannabis Businesses
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, and 36-901, Annotated Code of Maryland
.02 Records.
A. A licensee shall maintain[, independent]:
(1) Independent of the seed-to-sale tracking system, a
searchable, secure, tamper-evident record of each distribution that contains:
[(1)] (a)—[(3)] (c) (text
unchanged)
[B. A licensee shall maintain:
(1)] (2) To ensure uniformity, for each batch and
lot:
(a) Records of production and distribution; and
(b) Daily checklists;
[(2)] (3) A record of test methods and test
results for each batch and lot[, including graphs, charts, or spectra
from laboratory instrumentation];
[(3)] (4)—[(4)] (5) (text
unchanged)
[C.] B. (text unchanged)
.06 Advertising.
A. (text unchanged)
B. A [standard] licensee, registrant, agent, or [employee]
certifying provider who violates §A of this regulation:
(1)—(2) (text unchanged)
C. (text unchanged)
D. In accordance with the hearing provisions in Regulation .05 of
this chapter, the Administration may deny, suspend, or revoke the license or
registration of a licensee, registrant, agent, or [employee] certifying
provider who violates §A of this regulation.
14.17.15 Cannabis Business Agents
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, 36-501, and 36-1001—36-1003, Annotated Code of Maryland
.05 Training.
A.—B. (text unchanged)
C. [A] On an annual basis, a registered agent
employed by a cannabis licensee shall complete a responsible vendor
training program that:
(1)—(2) (text unchanged)
D.—E. (text unchanged)
14.17.16 Cannabis Business Owners
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-501, 36-502, 36-503, 36-504, and 36-801, Annotated Code of Maryland
.03 Annual [Report on Minority] Reports for Cannabis Business
Owners [and Employees].
A. Annual Report on Minority Owners and Employees.
(1) On or before August 1 of each year, each licensee and
registrant shall submit a report in a manner determined by the Administration [regarding
the licensee’s or registrant’s minority owners and employees] in
accordance with Alcoholic Beverages and Cannabis Article, §36-801(a), Annotated
Code of Maryland.
(2) Each licensee and registrant shall maintain the data
required for the report in §A(1) of this regulation for a period of 5 years.
B. The Administration may request an annual report regarding a
licensee’s or registrant’s environmental resource consumption and waste
generation, including but not limited to:
(1) Energy and water usage; and
(2) Green waste disposal.
C. The Administration may require licensees to demonstrate progress
toward the stated goals of the diversity plan on a quarterly basis for the
first operational year of licensure, in a manner specified by the
Administration.
14.17.18 Finished Product Packaging
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, and 36-203.1, Annotated Code of Maryland
.03 General Labeling Requirements.
A.—C. (text unchanged)
D. Product Information.
(1) (text unchanged)
(2) [Cannabinoid and terpene itemization] The
information required under [§D(1)(e)] §D(1)(e)—(g) of this
regulation may be printed on an inner layer of a label or made available
through a link or QR code.
E.—F. (text unchanged)
14.17.19 Cannabis Research
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-701, and 36-702, Annotated Code of Maryland
.02 Research and Development.
A.—E. (text unchanged)
F. Limited Testing for Edible Cannabis Product Development.
(1)—(3) (text unchanged)
(4) Any edible cannabis product transferred from the premises for
research and development testing shall:
(a) (text unchanged)
(b) Be labeled with the statements:
(i) “CAUTION: [NOT FOR HUMAN OR ANIMAL CONSUMPTION] THIS
PRODUCT IS FOR APPROVED R&D USAGE ONLY.”; and
(ii) (text unchanged)
(c)—(d) (text unchanged)
14.17.22 Hearing Procedures
Authority: Alcoholic Beverages and Cannabis Article, §36-202,
Annotated Code of Maryland
.01 Scope.
A. This chapter applies to hearings [that] before
the Administration [is required to conduct by statute or regulation
except for those hearings for which specific procedural regulations have been
promulgated] or its designee.
B.—C. (text unchanged)
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “Final decision maker” means:
(a) The Administration’s hearing officer; or
(b) A designee for the purpose of rendering a final decision in
a contested case.
(2) “Final decision order” means a final ruling in a contested
case that is adverse to a party and which shall comply with the requirements of
State Government Article §10-221 et seq., Annotated Code of Maryland.
[(1)] (3) “Hearing” means a [presentation
or other preceding] contested case hearing as defined by the
Administrative Procedure Act, State Government Article, §10-201 et seq.,
Annotated Code of Maryland.
[(2)] (4) “Hearing officer” means [a
designee empowered by statute to render a decision as defined by the
Administrative Procedure Act, State Government Article, §10-201 et seq.,
Annotated Code of Maryland] the individual designated to preside over
an evidentiary hearing in a contested case.
[(3)] (5)—[(4)] (6) (text
unchanged)
.06 Prehearing Conference and Case Resolution.
A.—B. (text unchanged)
C. Case Resolution.
(1) The Administration may initiate a case resolution process with
parties after administrative charges have been filed or upon the request
[of] for a hearing.
(2) Any cases that are not resolved through case resolution shall
proceed [with] to a hearing in accordance with this
chapter.
.07 Scheduling a Hearing.
A. (text unchanged)
B. The hearing officer or their designee shall notify the
party:
(1)—(3) (text unchanged)
(4) That the failure to appear for the scheduled hearing [shall
be treated as a withdrawal of the request for the hearing] may
nonetheless result in a final decision or order issued by the final decision
maker; [and]
(5) Of any applicable deadlines for submission of a
prehearing statement, motion, or exchange of hearing exhibits; and
[(5)](6) (text unchanged)
C. Upon request by a party, witness, or representative who
cannot hear, speak, or understand the spoken or written English language, the
Administration shall provide a qualified interpreter during the proceeding in
which the party, witness, or representative is participating as required by the
Americans with Disabilities Act.
.09 Hearings.
A. (text unchanged)
B. Discovery.
(1) Discovery may be taken only upon the submission of a
stipulation signed by all parties and approved by the hearing officer.
(2) If a stipulation described in §B(1) is submitted, the
hearing officer may issue such orders as are necessary to implement discovery.
(3) Parties may request governmental documents under the
Maryland Public Information Act, State Government Article, Title 4., Annotated
Code of Maryland.
[B.] C. Written Subpoenas.
(1) A party may request that the hearing officer issue subpoenas
for witnesses [or documents] necessary for the hearing.
(2)—(3) (text unchanged)
[C.] D. (text unchanged)
[D.] E. Burden of Proof.
(1) (text unchanged)
(2) In the hearing of a contested case involving allegations that [the]
a party violated a law or regulation, the [presenter of
evidence for the] Administration shall bear the burden of [proving]
proof that the party committed the violations that resulted in the
Administration’s action against [a] the party.
(3) (text unchanged)
(4) In the hearing of a contested case resulting from an
advertisement alleged to not comply with the requirements of Alcoholic
Beverages and Cannabis Article §§36-901—36-903, Annotated Code of Maryland, the
respondent shall have the burden of establishing audience composition data sufficient to demonstrate
that the audience of the advertisement met the requirement of Alcoholic
Beverages and Cannabis Article §36-903(a)(1)(iv), Annotated Code of Maryland.
F. Construction.
(1) In hearings conducted by an Administrative Law Judge of the
Office of Administrative Hearings, COMAR 14.17.22, et seq shall whenever
possible be construed as supplementing and in harmony with COMAR 28.02.01.
(2) In the event of a conflict between COMAR 14.17.22 et seq.
and COMAR 28.02.01, this subtitle shall apply.
[E.] G. (text unchanged)
.10 Final Determination.
A. [The hearing officer shall issue, in writing, either a
final determination or a proposed determination on behalf of the
Administration, depending on the nature of the delegation issued by the
Administration.] A Notice of Agency Action becomes a final decision
or order if a request for a hearing is not made timely.
B. The Administration may delegate to an Administrative Law
Judge responsibility to make:
(1) Proposed findings of fact;
(2) Proposed findings of fact and proposed conclusions of law;
or
(3) Proposed findings of fact, proposed conclusions of law, and
proposed disposition.
[B.] C. (text unchanged)
[C.] D. The notice of final determination issued
by an Administration hearing officer shall summarize:
(1)—(4) (text unchanged)
[D.] E. (text unchanged)
.12 Judicial Review.
A. (text unchanged)
B. For purposes of an appeal, the venue in the Circuit Court of
Anne Arundel County shall be proper as that is where the Administration resides
and carries on its regular business [in Anne Arundel County].
WILLIAM TILBURG
Executive Director
Subtitle
38 MARYLAND STATE LIBRARY
14.38.02 Freedom to Read Act
Authority: Education
Article, §§ 4-142, 23-101, 23-102.1, 23-105-106, 23-202-202.1, 23-205, 23-406,
23-503 and 23-506-507, Annotated Code of Maryland
Notice of Proposed
Action
[24-177-P]
The Maryland State Library
Agency proposes to adopt new Regulations .01—.04 under a new chapter, 14.38.02
Freedom to Read Act. This action was
considered at an Open Meeting of the Maryland State Library Board held pursuant
to General Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action
is to establish as a matter of policy and priority that library materials,
services, and resources exist and should be provided for the interest,
information, and enlightenment of all persons the library serves;
(1) A library should not
exclude material from its catalog because of the origin, background, or views
of a person who created the material; and
(2) A library should not
prohibit or remove material from its catalog because of partisan, ideological,
or religious disapproval.
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 Morgan Lehr Miller, Maryland State
Librarian, Maryland State Library Agency, 25 S. Charles Street, Baltimore, MD
21201, or call 667-219-4801, or email to morgan.miller1@maryland.gov. Comments
will be accepted through January 27, 2025. A public hearing has not been
scheduled.
.01 Purpose.
The purpose of this chapter is to establish as a matter of policy
and priority that:
A. Library materials, services, and resources exist and should
be provided for the interest, information, and enlightenment of all persons the
library serves;
B. A library should not exclude material from its catalog because of the
origin, background, or views of a person who created the material; and
C. A library should not prohibit or remove material from its catalog
because of partisan, ideological, or religious disapproval.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined:
(1) “County” means any county of the State and Baltimore City.
(2) Library.
(a) “Library” includes:
(i) The State Library Resource Center;
(ii) A Regional Resource Center;
(iii) A correctional facility library;
(iv) A county library system and the Enoch Pratt Free Library in
Baltimore;
(v) The Maryland State Library for the Blind and Print Disabled;
(vi) The Maryland Deaf Culture Digital Library; and
(vii) A metropolitan cooperative service program.
(b) “Library” does not include a school library media program
established by a local school system.
(3) “Objection” means a formal challenge submitted to a library
for the purpose of removing, reconsidering, or restricting the presence of
materials in a library collection.
(4) “School library media program” means a library in a school
in the public elementary and secondary education system of this State.
.03 Library Policies and Procedures.
A. Each library shall adopt and follow a written policy for
operation of the library that is consistent with the State standards for
libraries set forth in Regulation .01 of this chapter.
B. Each policy adopted pursuant to §A of this regulation shall
include:
(1) An acknowledgement that all Marylanders have the freedom to
read;
(2) An affirmation that it is the responsibility of the library
to provide adequate library services to satisfy the diverse needs of their
users;
(3) A policy and procedures for librarians and library staff to
identify materials that meet users’ needs;
(4) A requirement that librarians and library staff curate and
develop collections that provide access to the widest possible array of books
and other materials that support learning; and
(5) A materials reconsideration policy and procedures.
C. A materials reconsideration policy and procedures shall:
(1) Establish a uniform process to submit an objection to
materials in the library;
(2) Require material under review due to an objection to remain
available for use by the public and library staff until the review process has
concluded; and
(3) Establish a reasonable timeline to conduct and conclude the
review process in a timely manner.
D. A library board of trustees or other governing body of a
library may not dismiss, suspend, discipline, demote, reassign, transfer, or
otherwise retaliate against an employee for performing their job duties
consistent with the library’s written policy adopted under §A of this
regulation.
.04 State Funding.
A. The State Library Board shall ensure that each library that
receives State funding is operated in a manner consistent with the State
standards for libraries set forth in Regulation .01 of this chapter.
B. Receipt of State funding by a public library is contingent
upon the library board of trustees or other governing body for the library
adopting a written policy that is consistent with the State standards for
libraries and conducting the operation of the library in a manner consistent
with the written policy.
C. If the State Library Board certifies that a library has
failed to meet the State standards for libraries, the State Library Board shall
notify the Comptroller to withhold all State funds from that library.
D. The Comptroller shall continue to withhold funds until the
State Library Board certifies that the library has adopted a written policy
consistent with the State standards for libraries.
MORGAN MILLER
Maryland State Librarian
Title 21
STATE PROCUREMENT REGULATIONS
Subtitle 10 ADMINISTRATIVE AND CIVIL
REMEDIES
Notice of Proposed Action
[24-209-P]
The Maryland State Board of Contract Appeals proposes to amend:
(1) Regulation .32 under COMAR 21.10.06 Maryland State
Board of Contract Appeals — Procedures for Appealing Contract Disputes.
(2) Regulation .09 under COMAR 21.10.07 Maryland State
Board of Contract Appeals — Procedures for Appealing Protests.
Statement
of Purpose
The purpose of this action is to efficiently and expeditiously
improve the appeals process.
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 Michael Dosch, Deputy Clerk, Maryland State
Board of Contract Appeals, 6 St. Paul Street, Suite 601, or call 410-767-8227,
or email to Michael.Dosch@maryland.gov. Comments will be accepted through
January 27, 2025. A public hearing has not been scheduled.
21.10.06 Maryland State Board of Contract Appeals — Procedures for
Appealing Contract Disputes
Authority: State Finance and
Procurement Article, §§12-101 and 15-201—15-223, Annotated Code of Maryland
.32 Costs Incurred by Contractor.
[If alleged during the course of the appeal, and within 30 days of
receipt of a final decision in which the Board makes a finding that the conduct
of unit personnel in processing a contract claim under a contract for
construction is in bad faith or without substantial justification, an appellant
may request the Appeals Board to award to the appellant the reasonable cost of
filing and pursuing the claim, including reasonable attorney fees. Upon the
request of either party or the Appeals Board, a hearing shall be held to
determine the reasonableness of the costs and fees claimed.]
A. The Appeals Board may award to a contractor the reasonable cost
of filing and pursuing a claim, including reasonable attorney’s fees, if the
Appeals Board finds that the conduct of the unit in processing a contract claim
is in bad faith, without substantial justification, or in violation of law. Any
allegations of bad faith, lack of substantial justification, or violation of
law must be plead with particularity during the course of the proceedings
before the Appeals Board.
B. A request for award of costs incurred by the contractor in
filing and pursuing a claim shall be made by written motion filed within 15
calendar days of the decision by the Appeals Board finding that the conduct of
the unit in processing a contract claim is in bad faith, without substantial
justification, or in violation of law. The motion shall specify all costs being
requested, shall be substantiated by documented evidence, and the contractor
shall certify under oath or affirmation its costs in filing and pursuing a
claim. Upon request of a party or on its own initiative, the Appeals Board may
conduct a hearing to determine the reasonableness of the costs and fees
claimed.
21.10.07 Maryland State Board of Contract Appeals — Procedures for Appealing Protests
Authority: State Finance and Procurement Article, §§12-101 and
15-201—15-223, Annotated Code of Maryland
.09 [Bid and Proposal Protest] Costs Incurred by Interested Party.
[A. Upon sustaining an appeal arising from the final action of a
unit on a protest relating to the formation of a procurement contract, the
Appeals Board may award the protestor the reasonable costs of filing and
pursuing the protest and appeal, not including attorney's fees, when the
Appeals Board sustains the appeal based on a violation of law or regulation by
the unit conducting the procurement.
B. Before award of the reasonable costs of filing and pursuing the
protest and appeal, the Appeals Board shall require the protestor to certify
under oath or affirmation its costs in pursuing the protest and appeal. All
costs associated with filing and pursuing the protest and appeal shall be
substantiated by documented evidence supporting the validity of the claim. At
the request of a party, or upon order of the Board, a hearing may be conducted
to determine the reasonableness of the costs sought to be recovered.
C. The reasonable costs of filing and pursuing a protest and appeal
include, but are not limited to, the:
(1) Cost of postage, printing, and reproduction incurred in filing
the protest and appeal;
(2) Witness fees and expenses;
(3) Costs arising out of written requests for production of
documents;
(4) Cost of the additional limited discovery determined by the
Appeals Board to be necessary to avoid substantial unfairness or prejudice; and
(5) Filing fees, if any, that may be required by the unit or
Appeals Board to be paid upon the filing of the protest or appeal.]
A. The Appeals Board may award an interested party the reasonable
costs of filing and pursuing a protest, including reasonable attorney’s fees,
if:
(1) The interested party appeals the final action of an agency on a
protest;
(2) The Appeals Board sustains the appeal; and
(3) The Appeals Board finds that there has been a violation of law
or regulation.
B. A request for award of costs incurred by the interested party in
filing and pursuing a protest shall be made by written motion filed within 15
calendar days of the decision by the Appeals Board finding a violation of law
or regulation. The motion shall specify all costs being requested, shall be
sustained by documented evidence, and the interested party shall certify under
oath or affirmation its costs in filing and pursuing a protest. Upon request of
a party or on its own initiative, the Appeals Board may conduct a hearing to
determine the reasonableness of the cost and fees claimed.
MICHAEL DOSCH
Deputy Clerk
Title 33
STATE BOARD OF ELECTIONS
Subtitle 15 PRECINCTS, POLLING PLACES,
AND FACILITIES
33.15.03 Polling Places
Authority: Criminal Procedure Article, §11-722; Election Law
Article, §§1-101, 2-102(b)(4), 2-202(b), 2-303.1 and 10-101, Annotated Code of
Maryland
Notice of Proposed Action
[24-174-P]
The State Board of Elections proposes to amend Regulation .02
under COMAR 33.15.03 Polling Places.
Statement of Purpose
This
proposed action adds municipal elected officials to the list of individuals to
whom the local boards must provide written notice of a meeting to change the
location of a polling place. This notice
is required by Chapter 221 (2023) (introduced as HB 410). Municipal elected officials were omitted
from the initial text.
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 Danyelle
Avery, Administrator, State Board of Elections, 151 West Street Baltimore, MD
21401, or call 410-269-2840, or email to info.sbe@maryland.gov. Comments will
be accepted through January 27, 2024. A public hearing has not been scheduled.
.02 New or Changed Polling Place.
A. (text unchanged)
B. Notice of Proposed Changes
(1) (text unchanged)
(2) At least 14 days
before the meeting required by §A of this regulation, the local board shall
provide written notice of the meeting to:
(a) (text unchanged)
(b) The following
elected officials:
(i) (text unchanged)
(ii) County of Commissioner or County
Council member elected by voters in the precinct or precincts with the current
polling place and proposed polling place; [and]
(iii) Each Municipal Council member
elected by voters in the precinct(s) with the current polling place and
proposed polling place; and
(iv) (text unchanged)
C. – D. (text unchanged)
JARED DEMARINIS
Administrator of Elections
33.15.04 [Storage Facilities] Warehouses
Election Law Article, §§2-102(b)(4),
2-202(b) [and] 2-206, 11-308(a), 9-106(a), and 11-303.2,
Annotated Code of Maryland
Notice of Proposed Action
[24-184-P]
The State Board of Elections proposes to repeal existing Regulation
.02 to adopt new Regulations .02—.11 and recodify existing
Regulation .03 to be Regulation .12 under COMAR 33.15.04 Warehouses.
Statement of Purpose
The purpose of this action is to establish minimum requirements for
local board warehouses and reimbursement procedures of warehouse costs by the
State Board.
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 Danyelle
Avery, Administrator II, State Board of Elections, 151 West Street Annapolis,
MD 21401, or call 410-269-2840, or email to dl_regscomments_SBE@maryland.gov.
Comments will be accepted through January 27, 2025. A public hearing has not
been scheduled.
.02
Definitions.
A. In this chapter, the
following terms have the meanings indicated.
B. Terms Defined.
(1) “Ballot” has the
meaning stated in COMAR 33.10.01.01
(2) “Equipment” means the
voting and non-voting system equipment and electronic poll books.
(3) “Non-voting system
equipment” means equipment used to conduct an election that is not included in
the definition of “EVS voting solution” as defined in COMAR 33.10.01.01.
(4) “Voting location” has
the meaning stated in COMAR 33.10.01.01
(5) “Voting system
equipment” means the EVS Voting solution as defined in COMAR 33.10.01.01
(6) “Voting unit” has the
meaning stated in COMAR 33.10.01.01
(7) “Warehouse” means any
facility, other than a voting location, where voting system equipment is under
the direct control of the local board of elections and stored when not in use
for an election.
.03
Location of Warehouse.
A. Except as provided in §B,
a warehouse shall be attached or adjacent to the principal office of the local
board of elections.
B. Where the State Board
determines no suitable location attached or adjacent to the principal office of
the local board of elections exists, a warehouse may be located within a 5 -
10-mile radius of that principal office.
.04
Telecommunications Required.
All warehouses shall be
supplied with telecommunication services.
.05
Equipment Storing — In General.
A. A local board shall:
(1) Ensure the availability of warehouse space; and
(2) Maintain direct control of a warehouse.
B. Equipment Generally. The voting system equipment stored in a
warehouse shall be stored:
(1) In a secure manner that preserves any
potential claims under any applicable warranties or insurance policies; and
(2) In compliance with:
(a) Manufacturer specifications;
(b) This title;
(c) Climate-controlled requirements of the
manufacturer; and
(d) Any other legal requirements;
(3) To meet the manufacturer's environmental
standards for storage of the equipment;
(4) To meet environmental
standards necessary for storage of paper ballots without degradation; and
(5) So that authorized
persons can comfortably conduct required pre-election and post-election testing
and maintenance of voting equipment.
.06
Insurance Coverage — General.
A. Liability Insurance. Each local board or county government shall
maintain liability insurance on the storage facility.
(1) Minimum Coverage. The minimum liability insurance coverage on
the storage facility shall be:
(a) $1,000,000 per occurrence; and
(b) $2,000,000 in the aggregate.
(2) The State Board and designated personnel shall
be named as “additional insured” parties to the liability insurance policy.
B. Property Insurance. Each
local board or county government shall maintain property insurance for
equipment in the control of the local board.
(1) Minimum Coverage. The minimum property
insurance coverage shall be the amount necessary to cover the total loss of all
equipment in the control of the local board of elections.
(2) Determination of Coverage. Coverage shall be
determined by the replacement values for the designated equipment.
(3) Loss Payees. The State of Maryland and the
State Board of Elections shall be included as loss payees under the property
insurance policy.
C. Premiums and Deductibles. A local board or county government shall
be responsible for all premiums, deductibles, or retentions associated with any
insurance obtained.
D. Proof of Insurance. A local board shall provide proof to the State
Board that it complied with §§A and B of this regulation for all times any
voting system equipment is in the custody of the local board. The local board
shall provide proof:
(1) At the beginning of each fiscal year, and
(2) In the form of a current certificate of
insurance or similar documentation.
.07
Warehouse Size and Capacity Specifications.
Determination of Size and Capacity Need.
Beginning on July 1, 2025, the State Board on a biannual basis shall:
A. Review and update the inventory of voting
system equipment, and pollbook equipment, and voting supplies in the local
board’s custody;
B. Determine the square
footage required for storage and workplace-related tasks of the voting system
equipment; and
C. Provide written notice
to the local board of the warehouse of the square footage requirements within
30 days of the determination.
.08
Security and Safety Specifications.
A. Access Control. The warehouse shall be locked and adequately secured
to prevent unauthorized access.
(1) Restricted Access. Access to the warehouse
should be restricted to authorized personnel only.
(2)Access Control Measures. Access to the warehouse shall be
regulated through appropriate measures, such as:
(a) Implementing badge
systems to identify authorized personnel;
(b) Utilizing door entry
access devices to restrict entry; and
(c) Recordkeeping practices.
B. Security Requirements.
(1) All warehouses must have a security system
containing, at minimum:
(a) An alarm that is
triggered by unauthorized entry or smoke within the premises; and
(b) Central monitoring
for fire and unauthorized entry.
(2) A warehouse shall
have real-time video surveillance capabilities unless granted a waiver by the
State Administrator.
C. Safety Inspections. Routine safety inspections shall be conducted to
ensure the security and safety of the stored equipment. These inspections shall
include assessments for:
(1) Pest infestation;
(2) Fire hazards;
(3) Water damage;
(4) Mold; and
(5) Any other potential
safety concerns.
.09
Occupancy and Control.
A. Lessees. The local
board and the local governmental entity are the only entities permitted to be
named as lessees on any lease for a warehouse.
B. Control of Warehouse.
The warehouse in which the equipment is stored must always remain under the
direct control of the local board.
C. Limitation on Tenancy.
No other parties, including sub-lessees, may be granted tenancy in the
warehouse.
.10
Reimbursement.
A. Reimbursement Basis. The State Board shall reimburse the local board
for 50 percent of the cost to store:
(1) Voting system equipment;
(2) Electronic pollbook equipment; and
(3) Ballots.
B. Calculation of
Reimbursement Amount.
(1) The local board shall provide a per-square-foot
rate to the State Board based on the terms of its lease.
(2) The State Board shall multiply the
per-square-foot rate by the requisite square footage determined by COMAR
33.15.04.07.
(3) The total amount resulting from the calculation
in §B(2) of this regulation shall be divided into two, determining the
reimbursement amount owed by the State Board.
C. Disbursement of
Reimbursement. State Board reimbursements may be issued as a credit on the
local board’s quarterly billing or as a check sent to the local governing
entity.
.11
Notice of Damage.
Within 24 hours of
discovering damage to the office, warehouse, voting system equipment, or other
materials used to conduct an election, the election director shall promptly
send a written notification to:
A. The State Administrator; and
B. The local board.
JARED DEMARINIS
Administrator of Elections