Maryland Register
Issue Date: January 10, 2025 Volume 52 Issue 1 Pages 1 46
Governor Regulations Special Documents General Notices
|
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before December 23, 2024 5 p.m.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 23, 2024. Gail S. Klakring Administrator, Division of State Documents Office of the Secretary of State |
Information About the Maryland
Register and COMAR
MARYLAND REGISTER
The Maryland Register is an official State publication published every
other week throughout the year. A cumulative index is published quarterly.
The Maryland Register is the temporary
supplement to the Code of Maryland Regulations. Any change to the text of
regulations published in COMAR, whether
by adoption, amendment, repeal, or emergency action, must first be published in
the Register.
The following information is also published regularly in the Register:
• Governor’s Executive Orders
• Attorney General’s Opinions in full text
• Open Meetings Compliance Board Opinions in full text
• State Ethics Commission Opinions in full text
• Court Rules
• District Court Administrative Memoranda
• Courts of Appeal Hearing Calendars
• Agency Hearing and Meeting Notices
• Synopses of Bills Introduced and Enacted
by the General Assembly
• Other documents considered to be in the public interest
CITATION TO THE
MARYLAND REGISTER
The Maryland Register is cited by volume, issue, page number, and date.
Example:
• 19:8 Md. R. 815—817 (April 17,
1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register
issued on April 17, 1992.
CODE OF MARYLAND
REGULATIONS (COMAR)
COMAR is the official compilation of all regulations issued by agencies
of the State of Maryland. The Maryland Register is COMAR’s temporary
supplement, printing all changes to regulations as soon as they occur. At least
once annually, the changes to regulations printed in the Maryland Register are
incorporated into COMAR by means of permanent supplements.
CITATION TO COMAR
REGULATIONS
COMAR regulations are cited by title number, subtitle number, chapter
number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10,
Subtitle 08, Chapter 01, Regulation 03.
DOCUMENTS INCORPORATED
BY REFERENCE
Incorporation by reference is a legal device by which a document is made
part of COMAR simply by referring to it. While the text of an incorporated
document does not appear in COMAR, the provisions of the incorporated document
are as fully enforceable as any other COMAR regulation. Each regulation that
proposes to incorporate a document is identified in the Maryland Register by an
Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or
Repealed, found online, also identifies each regulation incorporating a
document. Documents incorporated by reference are available for inspection in
various depository libraries located throughout the State and at the Division of State Documents. These depositories are
listed in the first issue of the Maryland Register published each year. For
further information, call 410-974-2486.
HOW TO RESEARCH REGULATIONS
An
Administrative History at the end of every COMAR chapter gives information
about past changes to regulations. To determine if there have been any
subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted,
Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf.
This table lists the regulations in numerical order, by their COMAR number,
followed by the citation to the Maryland Register in which the change occurred.
The Maryland Register serves as a temporary supplement to COMAR, and the two
publications must always be used together. A Research Guide for Maryland
Regulations is available. For further information, call 410-260-3876.
SUBSCRIPTION
INFORMATION
For subscription forms for the Maryland Register and COMAR, see the back
pages of the Maryland Register. Single issues of the Maryland Register are $15.00
per issue.
CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS
Maryland citizens and other interested persons may participate in the process by which
administrative regulations are adopted, amended, or repealed, and may also
initiate the process by which the validity and applicability of regulations is
determined. Listed below are some of the ways in which citizens may participate
(references are to State Government Article (SG),
Annotated
Code of Maryland):
• By submitting data or views on proposed
regulations either orally or in writing, to the proposing agency (see
‘‘Opportunity for Public Comment’’ at the beginning of
all regulations appearing in the Proposed Action on Regulations section of the
Maryland Register). (See SG, §10-112)
• By petitioning an agency to adopt, amend,
or repeal regulations. The agency must respond to the petition. (See SG
§10-123)
• By petitioning an agency to issue a
declaratory ruling with respect to how any regulation,
order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3)
• By petitioning the circuit court for a
declaratory judgment
on
the validity of a regulation when it appears that the regulation interferes
with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)
• By inspecting a certified copy of any
document filed with the Division of State Documents for publication in the
Maryland Register. (See SG, §7-213)
Maryland
Register (ISSN 0360-2834).
Postmaster: Send address changes and other mail to: Maryland Register, State
House, Annapolis, Maryland 21401. Tel. 410-260-3876. Published biweekly, with
cumulative indexes published quarterly, by the State of Maryland, Division of
State Documents, State House, Annapolis, Maryland 21401. The subscription rate
for the Maryland Register is $225 per year (first class mail). All
subscriptions post-paid to points in the U.S. periodicals postage paid at
Annapolis, Maryland, and additional mailing offices.
Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Tracey A. Johnstone, Editor,
Maryland Register; Tarshia N.
Neal, Subscription Manager; Tami
Cathell, Help Desk, COMAR and Maryland Register Online.
Front cover: State House,
Annapolis, MD, built 1772—79.
Illustrations by Carolyn Anderson, Dept. of General Services
Note: All
products purchased are for individual use only. Resale or other compensated
transfer of the information in printed or electronic
form is a prohibited commercial purpose (see State Government Article,
§7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer
agrees that the purchase is for individual use only and will not sell or give the
product to another individual or entity.
Closing Dates for the
Maryland Register
Schedule of Closing Dates and
Issue Dates for the
Maryland Register ......................................................................... 4
COMAR Research Aids
Table of Pending Proposals ............................................................... 5
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
08 Department of Natural Resources .................................. 18, 21
09 Maryland Department of Labor ..................................... 17, 27
10 Maryland Department of Health .......................................... 18
11 Department of Transportation ......................................... 18,33
14 Independent Agencies ................................................... 19, 34
27 Critical Area Commission for the Chesapeake and Atlantic Coastal Bays 19
33 State Board of Elections ................................................. 40, 41
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.
Delivering a More Efficient,
Equitable, and Competitive Procurement System for Maryland
Strengthening Maryland’s Business
Climate to Bolster Economic Competitiveness
Emergency Action on Regulations
09
MARYLAND DEPARTMENT OF LABOR
COMMISSIONER OF FINANCIAL REGULATION
08
DEPARTMENT OF NATURAL RESOURCES
10
MARYLAND DEPARTMENT OF HEALTH
MARYLAND
HEALTH CARE COMMISSION
Maryland Trauma Physician Services
Fund
11
DEPARTMENT OF TRANSPORTATION
MOTOR
VEHICLE ADMINISTRATION—VEHICLE EQUIPMENT
MOTOR
VEHICLE ADMINISTRATION—DRIVER LICENSING AND IDENTIFICATION DOCUMENTS
Driver Knowledge and Skills Tests
MARYLAND
TECHNOLOGY DEVELOPMENT CORPORATION
Pava LaPere Innovation Acceleration Grant Program
INTERAGENCY
COMMISSION ON SCHOOL CONSTRUCTION
Administration of the Public School
Construction
Program
27
CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS
CRITERIA
FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT 19
DEVELOPMENT
IN THE CRITICAL AREA RESULTING FROM STATE AND LOCAL AGENCY PROGRAMS
Notification of Project Applications
Proposed Action on Regulations
08
DEPARTMENT OF NATURAL RESOURCES
Shellfish Aquaculture and Leasing
BOATING—SPEED
LIMITS AND OPERATION OF VESSELS
Severn River Vessel Management Area
09
MARYLAND DEPARTMENT OF LABOR
COMMISSIONER
OF FINANCIAL REGULATION
FAMILY
AND MEDICAL LEAVE INSURANCE PROGRAM
11
DEPARTMENT OF TRANSPORTATION
MARYLAND
TRANSPORTATION AUTHORITY
Electronic Toll Collection and Toll Violation
Enforcement
PRESCRIPTION DRUG AFFORDABILITY BOARD
Policy Review, Final Action, Upper
Payment Limits
Definitions; General Provisions
Post-Election Verification and Audit
DEPARTMENT OF GENERAL SERVICES
OFFSHORE WIND PROJECTS………………………...……43
NOTICE OF PUBLIC REVIEW AND COMMENT PERIOD
Total Maximum Daily Load (TMDL) for
Temperature in the Gwynns Falls Watershed, Baltimore County, MD
WATER AND SCIENCE ADMINISTRATION
Water
Quality Certification 24-WQC-0020
SUSQUEHANNA RIVER BASIN COMMISSION
STATE COLLECTION AGENCY LICENSING BOARD
MARYLAND HEALTH CARE COMMISSION
MARYLAND HEALTH CARE COMMISSION
MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION
BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS
COMAR
Online
The Code of Maryland
Regulations is available at www.dsd.state.md.us as a free service of the Office
of the Secretary of State, Division of State
Documents. The full text of regulations is available and searchable. Note,
however, that the printed COMAR continues to be the only official and
enforceable version of COMAR.
The Maryland Register is
also available at www.dsd.state.md.us.
For additional
information, visit www.dsd.maryland.gov, Division of State Documents, or call us at (410) 974-2486 or 1 (800)
633-9657.
Availability
of Monthly List of
Maryland Documents
The Maryland Department of
Legislative Services receives copies of all publications issued by State
officers and agencies. The Department prepares and distributes, for a fee, a
list of these publications under the title ‘‘Maryland Documents’’. This list is
published monthly, and contains bibliographic information concerning regular
and special reports, bulletins, serials, periodicals, catalogues, and a variety
of other State publications. ‘‘Maryland Documents’’ also includes local
publications.
Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.
CLOSING DATES AND ISSUE DATES THROUGH
December 2025†
Issue |
Emergency and
Proposed Regulations 5
p.m.* |
Notices,
etc. 10:30
a.m. |
Final Regulations 10:30
a.m. |
2025 |
|
|
|
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
08.02.03.07 • 52:1 Md. R. 21
(1-10-25)
08.02.08.13• 51:25 Md. R. 1147 (12-13-24)
08.02.10.01 • 52:1 Md. R. 21
(1-10-25)
08.02.12.01,.03• 51:25 Md. R. 1148 (12-13-24)
08.02.22.02 • 51:10
Md. R. 534 (5-17-24)
08.02.23.04 • 52:1 Md. R. 21
(1-10-25)
08.02.25.03 • 52:1 Md. R. 21
(1-10-25)
08.18.18.01 • 52:1 Md. R. 25
(1-10-25)
08.18.24.01,.02 • 52:1 Md.
R. 27 (1-10-25)
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 • 52:1 Md.
R. 27 (1-10-25)
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)
09.42.05.01—.05 • 52:1 Md.
R. 28 (1-10-25)
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)
10.25.18.01—.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)
10.44.22.02.,04—.06,.08—.15 • 51:26 Md. R. 1197 (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)
11.07.07.05 • 52:1 Md. R. 33
(1-10-25)
11.15.16.05 • 51:24
Md. R. 1093 (12-2-24)
11.15.22.14 • 51:25 Md. R. 1153 (12-13-24)
11.18.04.01—.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
14.01.01, .01,.06 • 52:1
Md. R. 33 (1-10-25)
14.01.04.05 • 51:22 Md. R. 978 (11-1-24)
14.01.04.05 • 51:25 Md. R. 1140 (12-13-24)
14.04.12.01—.07 • 51:26 Md. R. 1204 (12-27-24)
14.01.05.01—.09 • 52:1 Md.
R. 33 (1-10-25)
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)
14.39.02.12 • 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)
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
33.07.04.02 • 52:1 Md. R. 40
(1-10-25)
33.08.01.02 • 52:1 Md. R. 40
(1-10-25)
33.08.05.05 • 52:1 Md. R. 41
(1-10-25)
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)
33.21.07.02 • 52:1 Md. R. 41
(1-10-25)
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)
Delivering a More Efficient, Equitable, and
Competitive Procurement System for Maryland
WHEREAS, The State
of Maryland expends billions of dollars annually to provide a wide range of
goods and services through procurement contracts for the benefit of the
residents of Maryland;
WHEREAS,
It is the objective of the Moore-Miller Administration
to advance meaningful reforms to the State procurement system that deliver
increased efficiency, competition, and transparency to procurement operations;
WHEREAS, Antiquated
and burdensome practices and processes in State procurement have hindered
departments and agencies from effectively fulfilling their mission and
objectives and impacted the State’s business reputation;
WHEREAS,
Expanding the State supplier base can offer more innovative solutions tailored
to specific community needs, and bring increased competition that leads to
improved quality and cost-effectiveness in State contracts;
WHEREAS,
Increasing opportunities for Maryland businesses to
participate in State contracts can enable these enterprises to expand
operations and employ more Maryland residents, thereby helping to reduce
unemployment, enhance community welfare, and generate economic activity;
WHEREAS, A more
efficient procurement process can drive cost savings by reducing staff time and
resources used, providing greater opportunity and agility to receive goods and
services, expediting vendor payment, encouraging quicker adoption of
innovation, facilitating greater employee satisfaction throughout the
procurement workforce, and promoting transparency and accountability;
WHEREAS, A diverse
supplier base enhances the resilience of State supply chains, mitigates risks,
and ensures the stability of goods and services essential to State operations;
WHEREAS,
Increasing opportunities for Minority Business
Enterprises (“MBEs”), Veteran-Owned Small Business Enterprises (“VSBEs”), and
Certified Small Businesses (“CSBs”), previously known as Small Business
Enterprises, in State procurement fosters innovation, stimulates economic
diversification, and contributes directly to the State’s economic output;
WHEREAS,
By implementing policies that encourage the
participation of MBEs, VSBEs, and CSBs in State procurement, Maryland can
harness these benefits, leading to a stronger, more inclusive economy;
WHEREAS,
Maryland’s four Historically Black Colleges and Universities (“HBCUs”) – Bowie
State University, Coppin State University, Morgan State University, and the
University of Maryland Eastern Shore – play a vital role in providing
educational opportunities and scholarly growth, advancing intergenerational
economic mobility, serving as a proven means of advancement for people of all
ethnic, racial, and economic
backgrounds, and serving as an economic hub for local entrepreneurs and
communities.
NOW,
THEREFORE, I WES MOORE, GOVERNOR OF THE
STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION
AND LAWS OF MARYLAND HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER EFFECTIVE
IMMEDIATELY:
A. Scope.
This Executive Order applies to all units of State government as defined
in Section 11-101 of the State Finance and Procurement Article.
B. Definitions. The following words have the meanings indicated:
1. “Preferred Providers” means a provider of supplies or services given
preference in Section 14-103 of the State Finance and Procurement Article.
2. “Procurement Review Group” means a standing group charged with
reviewing solicitations, task orders solicitations, proposed sole-source
contracts, and contract renewal options to maximize opportunities for MBE and
VSBE participation on State procurement contracts.
3. “Unit” as defined by Section 11-101(y) of the State Finance and
Procurement Article, means an officer or other entity that is in the Executive
Branch of the State government and is authorized by law to enter
into a procurement contract.
a. Unit does not include:
i. A bistate, multistate, bi-county, or multicounty governmental agency;
or
ii. A special tax district, sanitary district, drainage district, soil
conservation district, water supply district, or other political subdivision of
the State.
C. Authorizing Comprehensive Contract Management Process &
Technology Improvements
1. The Office of State Procurement within the Maryland Department of
General Services (“OSP”), in coordination with the Maryland Department of
Transportation (“MDOT”), and the Maryland Department of Information Technology
(“DoIT”), shall develop and implement a comprehensive
Statewide centralized contract management process and platform in compliance
with State procurement law that will:
a. Integrate available automation and technology to streamline
administrative tasks, enhance contract monitoring mechanisms, and ensure
compliance and implementation of contract management software and technology
tools;
b. Establish standardized project specification templates and
documentation protocols to minimize project delays and modifications, while
also facilitating efficient execution of executive directives;
c. Provide a method for reporting on a centralized platform where
contract management performance data is collected, reviewed, and displayed;
d. Include a mechanism for vendors and procurement officers to provide
feedback, identify bottlenecks, address challenges, and facilitate a continuous
cycle of improvement within the procurement process;
e. Offer a contract management training certification program through
the Maryland Procurement Academy for State agencies; and
f. Capture and securely store detailed information about prospective
bidders and offerors, by commodity codes and socially and economically
disadvantaged-owned business status, to facilitate MBE and Disadvantaged-owned
Business Enterprise (“DBE”) disparity study analysis and program reporting.
2. OSP shall review and consider implementing innovative solutions to
streamline the procurement process and reduce administrative burdens, while
maintaining the core principles of fair competition and diverse supplier
engagement, including:
a. For routine procurements, developing a 120-day procurement lead time
from the date the procurement package is complete to the date the award is
recommended. This process should require
fewer approvals and reserve more payment intensive review processes for more
complex contracts;
b. Expanding the use of contract vehicles with pre-approved vendors,
including CSBs, to accelerate the procurement process for routine purchases
while maintaining a robust and diverse supplier base;
c. Creating more efficient processes for emergency procurements to
ensure quick response times without impeding necessary oversight or sacrificing
socioeconomic procurement goals;
d. Developing a method and a vehicle for proof of
concept procurements and pilot projects in emerging technology fields to
help identify and recruit new entrants and innovative firms to the State
procurement ecosystem;
e. Developing a more efficient process for handling contract
modifications, which include utilizing pre-approved modification categories
that require less intensive review; and
f. Recommending a process through which a vendor may offer a discount to
the State in exchange for accelerated payments.
3. DoIT, in coordination with OSP and MDOT,
shall review existing information technology (“IT”) and eProcurement systems
used to collect and aggregate data on contract performance, awards, and CSB,
MBE and VSBE certifications, and develop a strategy for modernizing those
systems to:
a. Ensure interoperability that will facilitate real-time communication,
document sharing, and seamless integration of data and processes; and
b. Leverage innovative technologies, such as artificial intelligence
(“AI”), machine learning (“ML”), and other emerging technologies (altogether,
“emerging technologies”) to automate and streamline processes.
4. OSP, in coordination with DoIT, shall
identify opportunities and establish guidelines for the utilization of emerging
technologies to assist in the end-to-end procurement lifecycle, to speed up the
evaluation process, while ensuring fair, equitable, and a competitive
marketplace for all bidders and offerors.
5. OSP, in consultation with the Maryland Department of Budget and
Management (“DBM”), shall examine and report the benefits of a centralized
procurement function, including shared services functions for smaller agencies
and offices, to effectively and efficiently meet the State's procurement needs.
6. MDOT and the Governor’s Office of Small, Minority and Women
Business Affairs (“GOSBA”) shall review existing processes and if possible,
develop a strategy for streamlining the certification process for the Small
Business Reserve (“SBR”), MBE, and VSBE programs. This strategy shall include a
plan to implement a streamlined verification process for socially and
economically disadvantaged-owned business certifications to reduce the
administrative burden on applicant firms, and expand
the vendor pool.
7. Beginning on April 30, 2025, OSP, in coordination with MDOT, DoIT, and GOSBA, shall report to the Governor quarterly on April 30th, July 31st, October
31st, and January 31st, detailing the progress of the initiatives outlined in
Section B of this Executive Order, including the efforts that have been completed and the
anticipated implementation timelines for any incomplete objectives.
D. Expanding Participation for Small and Socially and Economically
Disadvantaged-owned Business Programs in State Procurement.
1. Effective immediately, all Procurement Officers are hereby directed
to:
a. Designate a procurement as SBR if market research indicates that two
or more certified small businesses under the SBR program can perform the work
or provide the desired goods or services;
b. Proactively work with prime contractors to achieve or exceed
contractual MBE and VSBE subcontracting goals in instances where the
procurement officer is acting as the Contract Manager by performing annual
reviews to identify compliance with those established contractual MBE and VSBE
participation goals and if necessary, require
corrective action plans from the prime contractors;
c. Apply reciprocal preferences to applicable procurements for Maryland
bidders and offerers in accordance with the Board of
Public Works Advisory 1996-5 and Maryland law; and
d. When practicable, require the submission of economic benefit factors
to the State when conducting a competitive procurement evaluation.
2. OSP, in collaboration with MDOT and GOSBA, shall determine the
feasibility of requiring diversity hiring plans for all procurements expected
to exceed $500,000 prior to award.
3. GOSBA shall ensure that small and socially and economically
disadvantaged-owned businesses are considered and integrated effectively into
State procurement processes, with the goal of enhancing oversight of these
programs by:
a. Providing a single point of contact and resource
within the State of Maryland; and
b. Ensuring that performance data is standardized across State agencies
and transparently reported to provide accountability and foster improvements in
government procurement operations.
4. GOSBA, in consultation with DGS, shall determine the feasibility of
including the Preferred Providers, defined in Section 14-101(d) of the State
Finance and Procurement Article, as part of the centralized small and socially
and economically disadvantaged-owned business programs oversight under GOSBA.
5. GOSBA and MDOT, in consultation with the United States Small Business
Administration (“SBA”), shall determine if there is an opportunity to
streamline the certification process to accept firms certified as 8(a) Program
participants, Veteran-Owned Small Businesses (“VOSB”), and Women-Owned Small
Businesses (“WOSB”) by the SBA into the Maryland MBE and VSBE programs.
6. On or before September 1, 2025, MDOT, in coordination with GOSBA and
OSP, shall update regulations to extend all small and socially and economically
disadvantaged-owned business certifications from one year to three years.
7. GOSBA shall implement a vendor training program to ensure the
awareness, understanding, and transparency of the obligations, roles, and
responsibilities of prime and subcontractors in State contracting, including
how to complete MBE and VSBE participation goal forms accurately and
completely.
8. GOSBA shall annually review and update, as needed, the MBE and VSBE
participation goal forms, MBE and VSBE vendor report forms, Unit reporting
templates, and consolidated reporting schedules to improve transparency,
streamline processes, and reduce administrative burden. In addition, GOSBA
shall:
a. In coordination with DoIT, develop
strategies to leverage available technologies to automate the reporting
processes for these requirements; and
b. Leverage more efficient and transparent processes to ensure greater
compliance by prime contractors to meet their subcontracting goals.
9. GOSBA shall perform an analysis and provide recommendations on the
impact on the business community of Section 14-302(a)(14)(ii) of the State
Finance and Procurement Article – commonly known as the 60% Rule – applied to
materials and supplies in a procurement transaction.
10. GOSBA shall implement training for Procurement Officers and MBE,
VSBE, and SBR Liaisons on best practices regarding the establishment and
compliance efforts related to MBE and VSBE participation goals and SBR
designations on procurements; and evaluation of submitted participation forms
for accuracy and completeness and to prioritize and ensure the maximum
practicable utilization of small and socially and economically
disadvantaged-owned businesses consistent with State and federal constitutional
requirements.
11. GOSBA shall design and administer a Mentor-Protégé program designed
to foster the growth and development of small, diverse businesses in Maryland,
as authorized by Section 9-305 of the
State Government Article.
12. Beginning April 30, 2025, OSP, in coordination with MDOT, DoIT, and GOSBA, shall publish a quarterly report to the
Governor on
April 30th, July 31st, October 31st, and January 31st, detailing the progress
of the initiatives outlined in this section that includes which efforts have
been completed and anticipated implementation timelines for incomplete efforts.
E. Strengthening Compliance with MBE and VSBE Contractual Goals
1. OSP, GOSBA and MDOT shall, in consultation with the Office of the
Attorney General (“OAG”):
a. Determine the feasibility of applying a mechanism to withhold
payments to prime contractors to enhance accountability measures for
contractual requirements related to MBE and VSBE goals on state procurement
contracts; and
b. Require attestations that the bidder and offeror will make good faith
efforts to acquire articles, equipment, supplies, services, or materials, or
obtain the performance of work from the certified small business(es) that the
offeror used in preparing the bid or proposal, in the same or greater scope,
amount, and quality used in preparing and submitting the bid or proposal.
2. GOSBA, in consultation with OAG, shall develop additional
administrative and policy recommendations to strengthen compliance efforts on
MBE and VSBE goals on state procurement contracts.
3. No later than April 30, 2025, GOSBA and OSP, in consultation with OAG
and MDOT, shall jointly submit a report to the Governor on the
findings of this section.
F. Increasing Accountability for Contractor Compliance with
Socioeconomic Procurement Goals
By February 28, 2025, GOSBA and OSP shall promulgate regulations – in
consultation with OAG and the Board of Public Works – related to criteria to be
used to determine that a prime contractor has persistently failed to meet
contract goals in the absence of mitigating factors as required by Section
14-305(c) of the State Finance and Procurement Article.
G. Establishing Agency-Level Socioeconomic Procurement Goals
1. In an effort to more accurately measure each
participating unit’s ability to contribute towards the State’s overall
socioeconomic procurement goals related to the MBE, VSBE, and SBR programs,
GOSBA shall:
a. Review, on an annual basis, historical and projected contract data
with all participating units and, establish unit-level MBE, VSBE, and SBR goals
for each participating unit to count towards the State’s overall socioeconomic
procurement goals, established pursuant to Sections 14-302(a)(1)(ii),
14-602(a)(2), and 14-502(c) of the State Finance and Procurement Article;
b. Publish necessary guidelines, promulgate requisite regulations, and
administer training programs for procurement officers and MBE, VSBE, and SBR
liaisons to fulfill the requirements of this section; and
c. GOSBA shall publish an annual report of each participating unit’s
goals, cumulative statewide goals, and respective achievements, as applicable,
and other requirements as outlined in Section 14-305 of the State Finance and
Procurement Article.
H. Governor’s Subcabinet on Socioeconomic Procurement Participation
1. Establishment. There is hereby a Governor’s Subcabinet on
Socioeconomic Procurement Participation (“Subcabinet”).
2. Membership. The Subcabinet shall consist of the following members:
a. The Special Secretary of the Governor’s Office of Small, Minority, and Women
Business Affairs, who shall serve as chair of the Subcabinet;
b. The Secretary of the Department of Budget and Management, or their designee;
c. The Secretary of the Department of Commerce, or their designee;
d. The Secretary of the Department of General Services, or their designee;
e. The Secretary of the Department of Health, or their designee;
f. The Secretary of the Department of Housing and Community Development,
or their designee;
g. The Secretary of the Department of Human Services, or their designee;
h. The Secretary of the Department of Information Technology, or their designee;
i. The Secretary of the Department of Public Safety and Correctional
Services, or their designee;
j. The Secretary of the Department of Transportation, or their designee;
k. The Secretary of the Department of Veterans & Military Families,
or their designee;
l. The Chief Procurement Officer of the State of Maryland, or their designee;
m. The Minority Business Enterprise Ombudsman, or their designee; and
n. Any other head of a department or agency accountable to the Governor as
deemed necessary to serve on this Subcabinet by the Governor.
3. Duties. The Subcabinet shall:
a. Meet as often as the Chair deems appropriate, but no less than
quarterly;
b. Study socioeconomic procurement programs in other states to identify
successes and best practices;
c. Develop accountability measures for procurement forecasts, strategic
plans, Procurement Review Group process, and liaison officer accountability;
d. Analyze annual performance at both the Statewide and procurement unit
levels;
e. Work with OSP to implement process improvements that directly impact
socioeconomic procurement businesses’ ability to fairly compete for – and
navigate – State contract opportunities;
f. Identify and recommend statutory and regulatory reforms to strengthen
and improve Maryland’s socioeconomic procurement programs;
g. Recommend actions to achieve necessary improvements impacting the
MBE, VSBE, and SBR programs; and
h. Publish a report to the Governor by
December 31st of each year on the Subcabinet’s activities, recommendations, and
progress.
I.
Increasing Competition in the Maryland Procurement Marketplace
1. To increase Maryland’s competitive marketplace and to ensure fair and
reasonable procurement practices that are based on market realities,
procurement officers shall conduct market research appropriate to the
circumstances of the procurement, including the size and complexity of the
procurement, and provide written documentation of the results of such market
research. This written documentation
should identify the parameters of the procurement and include an analysis of
the capability of the market to meet the Unit’s requirements, whether there are
enough potential suppliers to set up a competitive procurement process, and
whether any aspects of the Unit’s requirements can be altered to facilitate
greater competition.
2. Unit program officials participating in the procurement process shall
allow for open communication with the vendor community, in accordance with all applicable laws, rules, and
regulations, to ensure that requirements are drafted in a manner that
ensures increased competition,
emphasizing the importance of small and socially and economically
disadvantaged-owned businesses being included in discussions regarding stated
procurement needs.
3. OSP, in consultation with GOSBA and MDOT, is hereby directed to
determine the feasibility of increasing the threshold for bond requirements on
procurement contracts for construction from $100,000 to $400,000.
a. This increase in the bond threshold is intended to:
i. Make construction contracting with the State of Maryland more
accessible and attractive to small businesses.
ii. Reduce barriers to entry for smaller contractors and encourage a
more diverse pool of businesses to participate in State procurement
opportunities; and
iii. Stimulate economic growth by allowing more businesses to compete
for and secure State contracts for construction.
b. If determined feasible, GOSBA shall provide outreach and education to
small businesses on how this policy change affects their ability to compete for
State contracts and assist small businesses in understanding and meeting any
remaining bonding requirements for procurement contracts for construction over
$400,000.
c. The bond threshold shall be evaluated by OSP, in consultation with
GOSBA and MDOT, every two years to assess its effectiveness in increasing
socially and economically disadvantaged-owned businesses program participation
in State procurement contracts, unless otherwise required by law or as a
condition for funding.
d. Nothing in this section shall be construed to eliminate or reduce
other necessary protections for the State in its
procurement contracting processes. OSP and other relevant agencies shall ensure
that appropriate risk management measures remain in place for all procurement
contracts, regardless of value.
e. Beginning April 30, 2025, OSP, in coordination with GOSBA, shall
publish a quarterly report to the Governor on
April 30th, July 31st, October 31st, and
January 31st, detailing the progress of the initiatives outlined in
this section that includes which efforts have been completed and anticipated
implementation timelines for incomplete efforts.
J. Strengthening Maryland’s Procurement Workforce
1. OSP, in consultation with DBM, is hereby directed to examine the
volume and complexity of State procurements to determine how many procurement
officers are required to adequately handle the volume and complexity of State
procurements.
2. DBM, in consultation with OSP and MDOT, shall conduct a comprehensive
review of all classifications that contain procurement duties, including all
procurement officer classification series, to ensure that:
a. Career ladders for procurement professionals are clearly defined;
b. Procurement staff salaries and compensation are competitive relative
to Maryland cities and counties, surrounding states, and the Federal
government; and
c. Classifications are commensurate with duties, roles, and experience.
3. OSP, in consultation with MDOT, shall further establish a
professional procurement officer training series with continuous learning
requirements to uplift the knowledge base and support the procurement officer
career field.
a. Such training shall include regular updates on policies and laws to
produce more equitable outcomes in contracting and diversity in the vendor
community.
b. This training shall be in addition to the Certified Maryland
Procurement Officer (“CMPO”) training already required for all procurement
officers.
4. Beginning April 30, 2025, OSP, in coordination with DBM and MDOT,
shall publish a quarterly report to the Governor on
April 30th, July 31st, October 31st, and January 31st, detailing the progress
of the initiatives outlined in this section that includes which efforts have
been completed and anticipated implementation timelines for incomplete efforts.
K. Utilization of Maryland’s Historically Black Colleges and
Universities (HBCUs)
1. All units of state government are hereby directed to consider the
capabilities and services available at Maryland’s four HBCUs – Bowie State
University, Coppin State University, Morgan State University, and the
University of Maryland Eastern Shore – to meet their unit’s service contract
needs through interagency agreements administered by DBM.
2. DBM, with support from GOSBA, is hereby directed to develop a
methodology for achieving or exceeding the 5% goal for utilizing Maryland’s
HBCUs for interagency agreements.
3. DBM shall review and update the guidelines for interagency agreements
to assign HBCUs as a resource to fulfill State requirements.
4. DBM, with support from OSP, shall develop and administer a training
program for interagency agreement coordinators and procurement officers to
maximize the 5% goal for utilizing HBCUs via interagency agreements and the
commitment to maximize the utilization of Maryland’s HBCUs.
5. Beginning April 30, 2025, DBM, with support from OSP, shall publish a
quarterly report to the Governor on
April 30th, July 31st, October 31st, and January 31st, detailing the progress
of the initiatives outlined in this section that includes which efforts have
been completed and anticipated implementation timelines for incomplete efforts.
L. General Provisions
1. This Executive Order shall be implemented in a manner that is
consistent with all applicable statutes and regulations. Nothing in this
Executive Order shall operate to contravene any State or federal law or to
affect the State's receipt of federal funding.
2. If any provision of this Executive Order or its application to any
person, entity, or circumstance is held invalid by any court of competent
jurisdiction, all other provisions or applications of the Executive Order shall
remain in effect to the extent possible without the invalid provision or
application. To achieve this purpose, the provisions of this Executive Order
are severable.
GIVEN Under My Hand and the Great Seal of the
State of Maryland, in the City of Annapolis, this 18th Day of December, 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[25-01-9]
Strengthening Maryland’s
Business Climate to Bolster Economic Competitiveness
WHEREAS, The State of Maryland has tremendous assets that position the State to be a national leader in key industries and sectors, leading to increased economic opportunities for communities across the State and generating revenues to fund public services and priorities;
WHEREAS, The Moore-Miller Administration is committed to strengthening Maryland’s economic competitiveness through policies, regulations, and actions that improve and enhance Maryland’s business climate;
WHEREAS, State government plays a vital role in cultivating an environment that is conducive to the successful attraction, retention, and growth of businesses and workforce within the State;
WHEREAS, The Maryland Economic Council, established by Governor Wes Moore via Executive Order 01.01.2023.09, has issued a set of recommendations related to the functions and culture of State government in supporting business and workforce development;
WHEREAS, The Maryland Economic Development Commission, as charged by Economic Development Article §2.5–206, has developed an economic strategic plan for the State which outlines an ambitious roadmap to strengthen Maryland’s economy that will lead to expanded access to work, wealth, and wages for all Marylanders; and
WHEREAS, In order for Maryland to effectuate the recommendations of the Maryland Economic Council and the Maryland Economic Development Commission’s Strategic Plan, State government must be positioned to operationalize recommendations and execute programs and initiatives that lead to economic growth and competitiveness.
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
A. Scope.
This Executive Order applies to executive departments and agencies that report to the Governor.
B. Governor’s Economic Competitiveness Subcabinet.
1. Establishment. There is a Governor’s Economic Competitiveness Subcabinet (“Subcabinet”).
2. Membership. The Subcabinet shall consist of the following members:
a. The Secretary of Commerce, who shall serve as chair of the Subcabinet;
b. The Secretary of Agriculture;
c. The Secretary of Budget and Management;
d. The Secretary of the Environment;
e. The Secretary of Higher Education;
f. The Secretary of Housing and Community Development;
g. The Secretary of General Services;
h. The Secretary of Labor;
i. The Secretary of Planning;
j. The Secretary of Transportation;
k. The Special Secretary of the Governor’s Office of Small, Minority, and Women Business Affairs;
l. The Chancellor of the University System of Maryland;
m. The State Superintendent of Schools;
n. The Executive Director of the Maryland Economic Development Corporation;
o. The Executive Director of the Maryland Clean Energy Center;
p. The Chief Executive Officer of the Maryland Technology Development Corporation; and
q. Such other officials of the executive departments and agencies as the Governor may from time to time designate.
3. Duties of the Subcabinet. The Subcabinet shall:
a. Advise the Governor on, and identify and recommend policies, regulations, strategies, and actions that strengthen Maryland’s economic competitiveness and growth on an ongoing basis;
b. Review proposed policies and procedures by executive departments and agencies impacting economic development and workforce development;
c. Coordinate the implementation of executive directives and legislation that support business and talent development in the state;
d. Track the progress of the cross-agency implementation of the Economic Strategic Plan approved by the Maryland Economic Development Commission;
e. Track the progress of the cross-agency implementation of the economic goals under the Moore-Miller Administration’s Maryland State Plan; and
f. On a biannual basis, develop and publish a consolidated economic competitiveness plan that incorporates strategies and action plans from every executive department and agency represented on the Subcabinet.
4. Meetings of the Subcabinet.
a. The Subcabinet shall meet at least once per month.
5. Administrative Support for the Subcabinet.
a. The Department of Commerce shall provide administrative support to the Subcabinet.
C. Governor’s Office of Business Advancement.
1. Establishment. No later than December 31, 2024, a Governor’s Office of Business Advancement (“Office”) shall be established within the Department of Commerce.
2. Purpose. The Office shall:
a. Provide wraparound concierge service and support to businesses and corporations seeking to locate or expand in Maryland;
b. Assist major businesses, employers, and developers navigate State and local permitting and licensing requirements and, when necessary, assist in the resolution of disputes between business customers and State and local agencies;
c. Assist businesses looking to expand or relocate in Maryland navigate and secure financial incentives through available State programs, for which they are eligible;
d. Assist the Secretary of Commerce in attracting, negotiating, and closing deals on major development projects, including but not limited to large-scale commercial, residential, mixed-use, manufacturing, infrastructure, and attraction or entertainment projects;
e. Assist major businesses and employers with talent and workforce needs by connecting them to State programs and non-government resources;
f. Collaborate with the Chief Performance Officer to set performance metrics on the effectiveness of State financial incentive programs and other economic and workforce development programs; and
g. Maintain a centralized database of resources available to businesses seeking to locate, expand, or remain in Maryland.
3. The Office shall be led by a Director of Business Advancement who shall report to the Secretary of Commerce.
4. Each executive branch department and agency shall designate a point of contact for the Office to resolve issues and concerns directed to the Office.
5. The Director of Business Advancement shall produce a quarterly report to the Governor and the Secretary of Commerce beginning April 1, 2025 on activities conducted by the Office, as well as any recommendations to strengthen the work of the Office.
D. Maryland Coordinated Permitting Review Council.
1. Establishment. No later than July 1, 2025, the Maryland Coordinated Permitting Review Council (“Council”) shall be established. The Council shall be housed under the Maryland Department of Planning.
2. Purpose. The purpose of the Council is to facilitate interagency coordination and efficient processing of approvals required to advance priority infrastructure and place-based projects within the State to bolster transparency, ensure predictability, and foster interagency coordination to grow Maryland’s economy while safeguarding the health and safety of residents.
3. Authority. To achieve this purpose, the Council shall:
a. Establish eligibility criteria and application processes for projects that may be designated as covered projects.
b. Coordinate interagency plan review and permitting of covered projects through a working group of permitting leads from each state agency represented on the Council. The activity of the permitting working group shall include:
i. developing a coordinated project plan for each covered project;
ii. developing timetables for completion of required plan reviews and responses, and permit approvals for Projects;
iii. providing accountability and oversight of the execution of each coordinated project plan and timetable; and
iv. when applicable, engaging federal and local government agencies that have jurisdiction over critical areas of review and permit approvals identified in the project plan for covered projects.
c. Develop an online internal intake system and a public facing dashboard for tracking project plan reviews and permitting processes to improve efficiency, transparency, and accountability for the timely response and determination of plans and permits.
d. Ensure that necessary processes are established to facilitate interagency information sharing, communication, and cooperation necessary for the working group to be successful.
4. Membership. The Permitting Council shall be comprised of the deputy secretary or the equivalent of the following executive departments and state agencies:
a. The Department of Agriculture;
b. The Department of Commerce;
c. The Department of the Environment;
d. The Department of Housing and Community Development;
e. The Department of Information Technology;
f. The Department of Natural Resources;
g. The Department of Planning;
h. The State Highway Administration;
i. The Maryland Economic Development Corporation;
j. The Maryland Department of State Police Office of the State Fire Marshall;
k. Maryland Energy Administration.
l. The following members, appointed by the Governor:
i. one representative of an urban county;
ii. one representative of a rural county;
iii. one representative of an urban municipality; and
iv. one representative of a rural municipality.
m. In addition to those named in this Order, the Council may engage members of the design, construction and development industry to deepen its understanding of the user permitting experience.
5. The Secretary of Planning shall serve as Chair of the Council.
6. Administrative Support for the Council.
a. The Department of Planning shall provide administrative support for the Council that will include:
i. coordination and management of Council meetings and communications;
ii. facilitation of the permitting working groups to ensure project plans and timelines are being met, issues are identified and progress reports are made to the Council;
iii. development and maintenance of an internal intake system and a public facing dashboard outlining projects, associated timetable, milestones, and progress; and
iv. preparation of required reports on Council progress and findings to the Governor.
7. Pilot Initiative.
a. The Council shall develop a set of criteria to be used in selection of an initial set of high impact projects to serve as proofs of concept.
b. Selection criteria for initial projects shall include a representation of project scales based on cost and complexity, types, and geographic location and consider the stage of project design and development.
c. The pilot project selection criteria will result in a manageable portfolio of projects that will be subject to the processes set by the Council by Section D.3 of this Executive Order.
8. Reporting.
a. The Council will provide regular updates of not less than quarterly to the Governor with a comprehensive report on preliminary findings and outcomes by July 1, 2026.
E. Government Loaned Executive Program.
1. Establishment. There is a Government Loaned Executive Program (“Loaned Executive Program”) within the Department of Commerce. The Program aims to enhance collaborations between government and the private sector through temporary assignments of private sector executives to the Department of Commerce to cultivate a culture of innovation and excellence to more effectively execute the mission and goals of the Department.
2. Purpose. The Loaned Executive Program shall:
a. Leverage the expertise of private sector executives to support the Maryland Department of Commerce’s initiatives;
b. Facilitate the temporary engagement of private sector executives in the Department to provide technical expertise, leadership, and strategic counsel on best practices and sector engagement; and
c. Enhance the Department of Commerce’s capacity to execute high-impact projects and foster greater public-private collaboration.
F. Devoting State Government Resources to Priority Industries and Sectors.
1. Executive departments and agencies covered by the scope of this Executive Order shall, to the extent practicable, leverage existing State resources – including prioritization or preference through eligible financial incentive programs – to support the development and growth of the following priority industries and emerging sectors:
a. Industries.
i. Life Sciences;
ii. Information Technology;
iii. Aerospace; and
iv. Defense.
b. Emerging Sectors.
i. Computational biology;
ii. Quantum technology; and
iii. Position, navigation, and timing.
G. Coordinated Economic Development, Marketing, and Branding Efforts with Local Governments.
1. The Department of Commerce shall develop strategies to establish formal economic development, marketing, and branding campaign plans with local governments to promote industries and sectors located in various geographic regions across the State.
H. Review of Business Tax Credit, Financial Assistance and Incentive Programs.
1. Each executive department that administers business tax credit programs and other forms of financial assistance to businesses shall develop methodologies and operation plans to conduct return on investment analyses. These plans shall include:
a. Logic models for each qualifying program;
b. Standard methodologies of analysis for qualifying programs of similar purpose and intended outcome;
c. A plan for neutral review of qualifying programs;
d. Qualitative elements, if necessary and applicable, that indicate the value of qualifying programs should some values not be quantifiable;
e. Methodologies to track both the short-term and long-term success of program beneficiaries, including qualifying program beneficiary surveys where necessary;
f. Regional impact assessments when prudent and practicable;
g. An established cadence for programmatic analysis for a period not exceeding 4 years, and, to the extent practicable, completed at least one year prior to the termination date of the program;
h. Recommendations about whether the benefit mechanism is most effective to achieve program goals, particularly in assessing tax credits; and
i. Recommendations about whether qualifying programs require any structural alterations to ensure that proper analysis can be conducted.
2. By June 30, 2025, the Governor’s Economic Competitiveness Subcabinet shall review and approve executive department plans to conduct these analyses.
I. Site Readiness Program at the Maryland Economic Development Corporation.
1. Establishment. The Maryland Business Ready Sites Program (“Site Readiness Program”) is established within the Maryland Economic Development Corporation.
2. Purpose. The Site Readiness Program shall:
a. Identify commercial and industrial sites that offer significant economic development value;
b. Make investments that ready identified sites to accommodate impactful, sustainable, and equitable business expansion, investment, and attraction opportunities; and
c. Market readied sites across the State and the country to establish Maryland as a prime place to invest, locate, and grow business.
J. Evaluation and Review of Certain Business Licensing Programs.
1. No later than June 30, 2025, the Maryland State Department of Assessments and Taxation (“SDAT”) shall submit a report to the Governor detailing the processes and recommendations for operational efficiency and improvements related to Charter Business Services administered by SDAT.
a. SDAT shall include in its report recommendations on reducing processing wait times, potential opportunities for automation, and a portal providing applicants visibility into the status of their charter business service applications.
b. SDAT shall review other states’ internal processes to identify potential best practices that can be replicated in Maryland.
2. No later than June 30, 2025, the Maryland Department of Transportation (“MDOT”) – in consultation with the Governor’s Office of Small, Minority, and Women Business Affairs and the Office of State Procurement at the Department of General Services – shall submit a report to the Governor detailing the processes and recommendations for operational efficiency and improvements related to the certification and recertification processes for the Minority Business Enterprise Program.
a. MDOT shall include in its report recommendations on reducing processing wait times, potential opportunities for automation, and a portal providing applicants visibility into the status of their MBE certification and recertification applications.
b. MDOT shall review other states’ internal processes to identify potential best practices for socioeconomic procurement program certifications and recertifications that can be replicated in Maryland.
K. General Provisions.
1. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.
2. If any provision of this Executive Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Executive Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Executive Order are severable.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Frederick, this 19th Day of December, 2024.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
[25-01-10]
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
09
MARYLAND DEPARTMENT OF LABOR
Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION
Authority: Financial Institutions Article, §§2-105.1, 12-926, and 12-1030, Annotated Code of Maryland
Notice of Emergency Action
[24-186-E]
The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulations .02 and .04 under COMAR 09.03.06 Mortgage Lenders.
Emergency status began:
December 18, 2024.
Emergency status
expires: June 16, 2025.
Estimate of Economic Impact
I. Summary of Economic Impact. The economic impact of the proposed action is expected to be low.
II. Types of Economic Impact.
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
A.
On issuing agency: |
NONE |
|
B.
On other State agencies: |
NONE |
|
C.
On local governments: |
NONE |
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
D.
On regulated industries or trade groups: |
|
|
Mortgage Trust licensees |
(-) |
Minimal |
E.
On other industries or trade groups: |
NONE |
|
F.
Direct and indirect effects on public: |
|
|
Consumers |
(+) |
Minimal |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. The proposed action provides a feasible avenue for mortgage trusts to obtain a license. The regulations impose minimal to no impact beyond what was imposed by the court decision.
F. It is expected that the public will directly benefit from the impact by the court decision. The regulations will indirectly benefit the public by enabling mortgage trusts to seek licensure in an efficient manner.
Economic Impact on Small Businesses
The emergency action has minimal or no economic impact on small businesses.
Editor’s Note: The text of this document will not be printed
here because it appears as a Notice of Proposed Action on pages 27—33 of this
issue, referenced as [24-186P].
Symbol Key
• Roman type indicates
text already existing at the time of the proposed action.
• Italic
type indicates new text added
at the time of proposed action.
• Single underline, italic indicates new text added at the time of final
action.
• Single
underline, roman indicates existing text added at the time of final action.
• [[Double
brackets]] indicate text deleted at the time of final
action.
Title 08
DEPARTMENT OF NATURAL RESOURCES
08.02.11 Fishing in Nontidal Waters
Authority: Natural Resources Article, §§4-602 and 4-603, Annotated Code of Maryland
Notice of Final Action
[24-142-F]
On December 30, 2024, the Secretary of Natural Resources adopted amendments to Regulation .01 under COMAR 08.02.11 Fishing in Nontidal Waters. This action, which was proposed for adoption in 51:23 Md. R. 1039-1042 (November 15, 2024), has been adopted as proposed.
Effective Date: January 20, 2025.
JOSH KURTZ
Secretary of Natural Resources
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 25 MARYLAND HEALTH CARE COMMISSION
10.25.10 Maryland Trauma Physician Services Fund
Authority: Health-General Article, §§19-103c, 19-130 and 19-207, Annotated Code of Maryland
Notice of Final Action
[24-145-F]
On December 19, 2024, the Maryland Health Care Commission adopted amendments to Regulations .01—17, .19, under COMAR 10.25.10 Maryland Trauma Physician Services Fund. This action, which was proposed for adoption in 51:22 Md. R. 969-973 (November 1, 2024), has been adopted as proposed.
Effective Date: January 20, 2025.
RANDOLPH S. SERGENT, ESQ.
Chair
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 13 MOTOR VEHICLE ADMINISTRATION—VEHICLE EQUIPMENT
Authority: Transportation Article, §§12-104(b), 13-402, and 21-104.2, Annotated Code of Maryland
Notice of Final Action
[24-153-F]
On December 31, 2024, the Motor Vehicle Administration adopted amendments to Regulations .01 — .03 under COMAR 11.13.13 Golf Cart. This action, which was proposed for adoption in 51:23 Md. R. 1045 -1046 (November 15, 2024), has been adopted as proposed.
Effective Date: January 20, 2025.
CHRISTINE NIZER
Administrator
Subtitle 17 MOTOR VEHICLE ADMINISTRATION—DRIVER LICENSING AND IDENTIFICATION DOCUMENTS
11.17.14 Driver Knowledge and Skills Tests
Authority: Transportation Article, §§11-109, 12-104(b), 16-105,
16-110, and 16-807, Annotated Code of Maryland;
49 CFR §§383.123 and 383.77
Notice of Final Action
[24-149-F]
On December 31, 2024, the Motor Vehicle Administration adopted amendments to Regulation .06 under COMAR 11.17.14 Driver Knowledge and Skills Test. This action, which was proposed for adoption in 51:23 Md. R. 1046 (November 15, 2024), has been adopted as proposed.
Effective Date: January 20, 2025.
CHRISTINE NIZER
Administrator
Subtitle 04 MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION
14.04.11 Pava LaPere
Innovation Acceleration Grant Program
Notice of Final Action
[24-143-F]
On December 20, 2024, the Maryland Technology Development Corporation adopted amendments to:
(1) Amend Regulation .04 under COMAR 14.04.02 Investment Programs.
(2) Amend Regulation .05 under COMAR 14.04.05 Seed Funds.
(3) Adopt new Regulations .01-.06 under a new chapter, COMAR 14.04.10 Equitech Growth Fund; and
(4) Adopt new Regulations .01-.05 under a new chapter, COMAR 14.04.11 Pava LaPere Innovation Acceleration Grant Program.. This action, which was proposed for adoption in 51:22 Md. R. 957-1028 (November 1, 2024), has been adopted as proposed.
Effective Date: January 20, 2025.
JIGITA PATEL
Assistant Attorney General
Subtitle 39 INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION
14.39.02 Administration of the Public School Construction Program
Authority: Education Article, §§4-126, 5-112, and 5-303; State Finance and Procurement Article §5-7B-07; Annotated Code of Maryland
Notice of Final Action
[24-117-F]
On December 19, 2024, the Interagency Commission on School Construction adopted amendments to Regulation .05 under COMAR 14.39.02 Administration of the Public School Construction Program. This action, which was proposed for adoption in 51:20 Md. R. 907 (October 4, 2024), has been adopted as proposed.
Effective Date: January 20, 2025.
ALEX DONAHUE
Executive Director
Title 27
CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS
Subtitle 01 CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT
Subtitle 02 DEVELOPMENT IN THE CRITICAL AREA RESULTING FROM STATE AND LOCAL AGENCY PROGRAMS
Subtitle 03 PROJECT APPLICATIONS
27.03.01 Notification of Project Applications
Authority: Natural Resources Article, §§8-701, 8-1806, 8-1808, 8-1808.3, 8-1808.4, 8-1808.5, 8-1811, and 8-1814, Annotated Code of Maryland
Notice of Final Action
[24-107-F]
(1) Amendments to Regulation .01 under COMAR 27.01.01 General Provisions;
(2) Amendments to Regulations .01, .01-1, .02, .03, .04, .05, .06, .06-1, .06-2, .06-3, .07, and .08 and the adoption of new Regulations .02-1 and .02-2 under COMAR 27.01.02 Development in the Critical Area;
(3) Amendments to Regulations .02—.04 under COMAR 27.01.03 Water-Dependent Facilities and Activities;
(4) Amendments to Regulations .01 and .02 under COMAR 27.01.05 Forest and Woodland Protection;
(5) Amendments to Regulations .02 and .03 under COMAR 27.01.06 Agriculture;
(6) Amendments to Regulations .02 and .03 under COMAR 27.01.07 Surface Mining in the Critical Area;
(7) Amendments to Regulation .03 under COMAR 27.01.08 Natural Parks;
(8) Amendments to Regulations .01—.01-3, .01-6, .01-7, and .02—.05 under COMAR 27.01.09 Habitat Protection Areas in the Critical Area;
(9) Amendments to Regulation .01 and the adoption of a new Regulation .02 under COMAR 27.01.10 Directives for Local Program Development;
(10) Amendments to Regulations .04—.06 under COMAR 27.01.11 Directives for Updating Critical Area Maps;
(11) Amendments to Regulations .06, .07 under COMAR 27.01.12 Variances;
(12) Amendments to Regulations .03, .05, and .06 under COMAR 27.01.14 Renewable Energy Generating Systems;
(13) Amendments to Regulation .01 under COMAR 27.02.01 General Provisions;
(14) Amendments to Regulations .01 and .02 under COMAR 27.02.02 State and Local Agency Actions Resulting in Minor Development on Private Lands or Lands Owned by Local Jurisdictions;
(15) The adoption of new Regulation .01 and the amendment and recodification of existing Regulation .01 to be .02 under COMAR 27.02.03 General Approval of State and Local Agency Programs Which Result in Minor Development on Private Lands or Lands Owned by Local Jurisdictions;
(16) The amendment of Regulations .01 and .02 under COMAR 27.02.04 State or Local Agency Actions Resulting in Major Development on Private Lands or Lands Owned by Local Jurisdictions;
(17) The amendment of Regulations .01, .03—.03-2, .04-1, .04-2, .06, .07, .08-2, .08-3, .09—.13, and .15—.15-3 under COMAR 27.02.05 State Agency Actions Resulting in Development on State-Owned Lands;
(18) The Amendment of Regulation .01 under COMAR 27.02.06 Conditional Approval of State or Local Agency Programs in the Critical Area;
(19) The Amendment of Regulations .01—.04 under COMAR 27.02.07 Commission Review, Decision Process, and Time Frames;
(20) The Amendment of Regulations .01 and .02 under COMAR 27.02.08 Appeals;
(21) The Amendment of Regulations .01—.04 and the repeal of existing Regulation .05 under COMAR 27.03.01 Notification of Project Applications.
This action, which was proposed for adoption in 51:22 Md. R. 996-1021 (November 1, 2024), has been adopted with the nonsubstantive changes shown below.
Effective Date: January 20, 2025.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows: The changes could have been reasonably anticipated by interested parties, do not substantially change the intended benefits of the regulations, and do not increase the burdens of the regulations as proposed. The specific changes are as follows:
1. Regulation 27.01.01.01 B (9-1) The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays clarifies the scope of the definition.
2. Regulation 27.01.01.01 B (67-2) The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays clarifies a typographical error.
3. Regulation 27.01.09.04 C(2)(b)(vi) The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays clarifies a typographical error.
4. Regulation 27.01.12.06 A The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays clarifies a typographical error.
5.Regulation 27.02.01.01 B (1) The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays clarifies a typographical error.
6. Regulation 27.02.01.01 B (10) The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays clarifies a typographical error.
7. Regulation 27.02.01.01 B (54) The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays clarifies a typographical error.
8. Regulation 27.02.07.04 C The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays clarifies corrects a grammar issue.
9. Regulation 27.02.08.02 A The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays clarifies a citation.
ERIK FISHER
Chair
Proposed Action on Regulations
Title 08
DEPARTMENT OF NATURAL RESOURCES
Authority: Natural Resources Article, §4-803, Annotated Code of Maryland
Notice of Proposed Action
[24-197-P]
The Secretary of Natural Resources proposes to amend Regulation .07
under COMAR 08.02.03 Blue Crabs.
Statement of Purpose
The purpose of this action is to correct the coordinates for two points in Fishing Bay. The Department modified its crab pot lines in March 2024 by assigning coordinates to many points in regulation that had previously been used to delineate areas where crab pots may be set that did not have specific latitude and longitude coordinates assigned to them. In doing so, two points in Fishing Bay were misidentified. Because of this, the crab pot line and the oyster power dredge line, which previously had been identical, were no longer the same. This meant there were two sets of buoy lines delineating the crab pot line versus the oyster dredge line. The buoy lines are approximately 20 yards apart and could cause confusion for harvesters and law enforcement. The proposed action corrects the coordinates in order to realign these two lines, which will reduce regulatory complexity and better communicate to harvesters where certain gears are allowed.
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 Blue Crabs - Crab Pot Lines Housekeeping, Regulatory Staff, Maryland Department of Natural Resources, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to submit comment to https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#bcrabpotlineH. Comments will be accepted through February 10, 2025. A public hearing will be held on January 28, 2025 at 1 p.m.
.07 Crab Pots.
A.—G. (text unchanged)
H. Lower Eastern Shore — South of the William Preston Lane Jr.
Memorial Bridge (Chesapeake Bay Bridge).
(1)—(4) (text unchanged)
(5) Upper Honga River to Tangier Sound.
(a)—(e) (text unchanged)
(f) Holland Strait and Northern end of Tangier Sound (Malkus Line).
All the waters north of a line beginning at a point at or near where the
Dorchester County-Somerset County line meets a line running from the south end
of Holland Island to Sedgy Point on South Marsh Island defined by Lat. 38°
5.781' N, Long. 76° 3.724' W then running approximately 21° True to a point at
or near Johnson Point defined by Lat. 38° 6.665' N, Long. 76° 3.297' W then
running approximately [27°] 28°
True along the Dorchester County-Somerset County line to a point defined by
Lat. 38° 7.508' N, Long. 76° 2.725' W then running approximately [26°] 27° True to a point at
or near Lower Island Point defined by Lat. 38° 8.845' N, Long. 76° 1.873' W
then running approximately [64°] 63°
True following the Dorchester County-Somerset County line to its junction with
county line buoy A defined by [Lat. 38° 9.774' N, Long. 75° 59.534' W]
Lat. 38° 9.792' N, Long. 75° 59.517' W then running approximately 6°
True toward Sharkfin Shoal Light to its junction with
a straight line running from range marker AA northeasterly to range marker BB
and the Dorchester County-Somerset County line defined by [Lat. 38°
11.173' N, Long. 75° 59.346' W] Lat. 38° 11.167' N, Long. 75° 59.338'
W then running approximately 50° True to a point where the Dorchester
County-Somerset County line meets a line running from point at or near the
shore immediately adjacent to the Thomas Tigner house near Haines Point to the
southwesterly most point of land on Clay Island defined by Lat. 38° 12.339' N,
Long. 75° 57.552' W then running approximately 164° True to a point at or near
the shore immediately adjacent to the Thomas Tignor house near Haines Point
defined by Lat. 38° 10.771' N, Long. 75° 56.979' W.
(6)—(8) (text unchanged)
I.—K. (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Subtitle 02 FISHERIES SERVICE
08.02.10 Horseshoe Crabs
Authority: Natural Resources Article, §4-215, Annotated Code of Maryland
Notice of Proposed Action
[24-196-P]
The Secretary of Natural
Resources proposes to amend Regulation .01
under COMAR 08.02.10 Horseshoe Crabs.
Statement of Purpose
The purpose of this action is to allow individuals to catch and land horseshoe crabs on Sundays. Currently, a person may not catch or land horseshoe crabs on Saturday or Sunday. This requirement was put in place many years ago to prevent user conflicts on the weekends. The Department no longer anticipates conflicts on Sundays because horseshoe crabs are generally harvested in the late afternoon or evening.
The annual total allowable landings of male horseshoe crabs for the commercial fishery as determined by the Atlantic States Marine Fisheries Commission is set annually. There is no female harvest permitted. Allowing harvest on Sundays will not increase the allowable landings. There is a strict cap on harvest and any overages must be subtracted from the total allotment for the following year.
The proposed action removes the prohibition of catching and landing horseshoe crabs on Sundays. This change gives commercial harvesters the flexibility to operate their business for maximum efficiency by allowing them to harvest horseshoe crabs when the weather and market conditions are optimal.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action may have a positive economic impact for commercial harvesters and seafood dealers.
II. Types of Economic Impact.
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
A. On issuing agency: |
NONE |
|
B. On other State agencies: |
NONE |
|
C. On local governments: |
NONE |
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
D. On regulated industries or trade groups: |
|
|
Commercial Harvesters and Dealers |
(+) |
Indeterminable |
E. On other industries or trade groups: |
NONE |
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. While the annual total allowable landings of male horseshoe crabs is not increasing, allowing harvest on Sundays gives commercial harvesters the flexibility to operate their businesses for maximum efficiency by allowing them to harvest horseshoe crabs when the weather and market conditions are optimal. If horseshoe crabs are harvested when market conditions are optimal, seafood dealers could benefit from the sale of bait crabs when the demand is high. The actual amount that this action could economically benefit harvesters and dealers is indeterminable.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
While the annual total allowable landings of male horseshoe crabs is not increasing, allowing harvest on Sundays gives commercial harvesters the flexibility to operate their businesses for maximum efficiency by allowing them to harvest horseshoe crabs when the weather and market conditions are optimal. If horseshoe crabs are harvested when market conditions are optimal, seafood dealers could benefit from the sale of horseshoe crabs when the demand is high. The actual amount that this action could economically benefit harvesters and dealers is indeterminable.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Horseshoe Crabs - Harvest on Sundays, Regulatory Staff, Maryland Department of Natural Resources, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to submit comment to https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#horseshoe. Comments will be accepted through February 10, 2025. A public hearing has not been scheduled.
.01 Horseshoe Crabs.
A.—B. (text unchanged)
C. Time Restrictions. A person may not catch or land horseshoe crabs on Saturday [or Sunday].
D.—G. (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Subtitle 02 FISHERIES SERVICE
08.02.23 Shellfish Aquaculture and Leasing
Authority: Natural Resources Article, §4-11A-10, Annotated Code of Maryland
Notice of Proposed Action
[24-198-P]
The Secretary of Natural
Resources proposes to amend Regulation .04 under COMAR 08.02.23
Shellfish Aquaculture and Leasing.
Statement of Purpose
The purpose of this action is to establish harvest hours for shellfish aquaculture. The times for harvesting shellfish were previously in statute, but were removed during the 2024 legislative session. House Bill 857 of the 2024 Session of the Maryland General Assembly requires the Department to establish the hours for harvesting shellfish within leased areas. During months when the Vibrio parahaemolyticus Control Plan (COMAR 10.15.07.06) is in effect, harvest hours for shellfish aquaculture harvesters are restricted to comply with public health measures designed to keep harvested oysters protected from elevated air and water temperatures. Previously, harvesters were allowed to begin at sunrise and end at a curfew stipulated in the Vibrio parahaemolyticus Control Plan. Except for July and August, the proposed action establishes the same times for harvesting that were previously in statute. The previous harvest times for July and August are changed to allow harvest to begin 30 minutes before sunrise. Allowing shellfish aquaculture harvesters to begin harvesting oysters from leased areas 30 minutes before sunrise in July and August allows additional flexibility during the hottest months while maintaining compliance with the public health control measures of the National Shellfish Sanitation Program.
Specifically, the proposed action establishes the times an individual may harvest oysters from a shellfish lease as: sunrise to sunset from October through May; sunrise to the time the Vibrio parahaemolyticus Control Plan requires the oysters to be delivered to a dealer for June and September; and 30 minutes before sunrise to the time the Vibrio parahaemolyticus Control Plan requires the oysters to be delivered to a dealer for July and August.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action could have a positive economic impact for shellfish aquaculture leaseholders and seafood dealers during the months of July and August.
II. Types of Economic Impact.
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
A. On issuing agency: |
NONE |
|
B. On other State agencies: |
NONE |
|
C. On local governments: |
NONE |
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
D. On regulated industries or trade groups: |
|
|
Aquaculture Leaseholders and Seafood Dealers |
(+) |
Indeterminable |
E. On other industries or trade groups: |
NONE |
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. The proposed action could have a positive economic impact for aquaculture leaseholders and seafood dealers during the months of July and August. All other months are not a change based on what was previously allowed. During July and August, leaseholders will have an additional 30 minutes to harvest their oysters. Allowing aquaculture leaseholders to begin harvesting 30 minutes before sunrise in July and August allows additional flexibility during these months while maintaining compliance with the public health control measures of the National Shellfish Sanitation Program. The actual amount that this action will economically benefit aquaculture leaseholders and seafood dealers is indeterminable because the change is designed to give harvesters more flexibility while harvesting during the hottest months. It is unknown how many leaseholders will take advantage of this opportunity or if it will increase the number of oysters that are harvested and delivered to seafood dealers.
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 could have a positive economic impact for aquaculture leaseholders and seafood dealers during the months of July and August. Aquaculture leaseholders and seafood dealers are considered small businesses. Please see the explanation in Section D.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Shellfish Aquaculture Harvest Hours, Regulatory Staff, Maryland Department of Natural Resources, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to Submit comment at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#shellhours. Comments will be accepted through February 10, 2025. A public hearing has not been scheduled.
.04 Shellfish Aquaculture Harvester Permit.
A.—D (text unchanged)
E. Any individual engaged in aquaculture activities on a leased area or transporting shellfish from a lease to a dealer:
(1)—(6) (text unchanged)
(7) Shall store oysters in accordance with §G of this regulation; [and]
(8) Shall tag oysters in accordance with §H of this regulation[.]
; and
(9) May harvest oysters only
during the following time periods:
(a) October through May —
sunrise to sunset;
(b) June and September —
sunrise to the delivery time specified in COMAR 10.15.07.06; and
(c) July and August — 30 minutes before sunrise to the delivery time specified in COMAR 10.15.07.06.
F.—K. (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Subtitle 02 FISHERIES SERVICE
08.02.25 Gear
Authority: Natural Resources Article, §4-221, Annotated Code of Maryland
Notice of Proposed Action
[24-216-P]
The Secretary of Natural
Resources proposes to amend Regulation .03 under COMAR 08.02.25 Gear.
Statement of Purpose
The purpose of this action is to modify hook restrictions in tidal waters, specifically the requirement to use a circle hook while live-lining. “Live-lining” is defined as using a live finfish on a hook for the purpose of catching other fish with: (a) hook and line; (b) rod and reel; or (c) handlines. This includes everything from using a live spot as bait for striped bass, to minnows as bait for yellow perch or Northern snakeheads, also known as Chesapeake Channa, to eels for cobia. The Department has required circle hooks while live-lining since 2019. The main intention of the rule was to minimize release mortality when targeting striped bass, but the rule was written broadly in order to ensure its enforceability by the Natural Resources Police. Over time, the Department has heard concerns from anglers regarding the ability to target certain species in traditional manners, such as using minnows to target perch in the spring. The proposed action modifies the hook rules to allow anglers to use either circle hooks or J hooks under the described circumstances.
The proposed action establishes an exemption to the requirement that a circle hook be used while live-lining when an angler is using a finfish species listed in the Department’s bait regulations codified at COMAR 08.02.20.02. The benefit to this exemption is to consistently use the same list of species that a commercial bait harvester is allowed to harvest so the Department would not have different lists of “bait” in different places in regulation. These species are also not commonly used to target striped bass in the Chesapeake Bay and its tidal tributaries, so it is unlikely to result in increased release mortality on striped bass.
The proposed action also establishes an exemption to the requirement that a circle hook be used while live-lining when an angler is using a finfish, except spot and white perch, which measures 4 inches or less in length. Circle hooks will still be required if using spot or white perch for bait. The benefit of this exemption is that it lessens the amount of identification needed, while allowing a larger number of species to be used as bait while live-lining. By still requiring circle hooks to be used when using spot or white perch as bait (the most common species used when targeting striped bass), the Department would maintain the majority of the protections for striped bass.
By adding these flexibilities, the proposed action addresses concerns raised by various angler groups regarding the use and effectiveness of circle hooks when targeting species other than striped bass. The proposed action makes it clear that these new exceptions are in addition to current hook requirements when using certain types of bait, maintaining protections already in place.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action may have a positive economic impact for charter captains, fishing guides, and bait and tackle stores.
II. Types of Economic Impact.
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
A. On issuing agency: |
NONE |
|
B. On other State agencies: |
NONE |
|
C. On local governments: |
NONE |
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
D. On regulated industries or trade groups: |
|
|
(1) Recreational Anglers |
(+) |
Indeterminable |
(2) Charter Captains and Fishing Guides |
(+) |
Indeterminable |
E. On other industries or trade groups: |
|
|
Bait and Tackle Stores |
(+) |
Indeterminable |
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D(1). While this action may not economically impact recreational anglers, it does provide some flexibility for fishing. The Department has required circle hooks while live-lining since 2019. The main intention of the rule was to minimize release mortality when targeting striped bass, but the rule was written broadly in order to ensure its enforceability by the Natural Resources Police. Over time, the Department has heard concerns from anglers regarding the ability to target certain species in traditional manners, such as using minnows to target perch in the spring. By adding these flexibilities, the proposed action addresses concerns raised by various angler groups regarding the use and effectiveness of circle hooks when targeting species other than striped bass. It is indeterminable how much this action will impact anglers’ actions.
D(2). The proposed action addresses concerns raised by various angler groups regarding the use and effectiveness of circle hooks when targeting species other than striped bass. Having additional hook flexibility may allow business owners to book additional trips and it may allow their guests to be more successful. The actual impact is indeterminable because we cannot anticipate if or how many anglers will change their actions.
E. The proposed action addresses concerns raised by various angler groups regarding the use and effectiveness of circle hooks when targeting species other than striped bass. The additional hook flexibility may encourage anglers to fish more which may benefit bait and tackle stores. The actual impact is indeterminable because we cannot anticipate if or how many anglers will change their current actions.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
This action may have a positive economic impact for charter fishing and fishing guide businesses as well as bait and tackle stores. Having additional hook flexibility may allow business owners to book additional trips and it may allow their guests to be more successful. The additional flexibility may encourage anglers to fish more which may benefit bait and tackle stores. See sections D and E for additional detail.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Gear - Hook Rules, Regulatory Staff, Maryland Department of Natural Resources Fishing and Boating Services, 580 Taylor Ave., E-4 Annapolis, MD 21401, or call 410-260-8300, or email to send comment at: https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#hooks. Comments will be accepted through February 10, 2025. A public hearing has not been scheduled.
.03 Recreational Gear — Tidal Waters.
A. (text unchanged)
B. Hook Requirements — Chesapeake Bay and Its Tidal Tributaries.
(1) Chumming and Live-Lining.
(a) When chumming [or live-lining], a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a circle hook.
(b) Except as provided in §§B(1)(c) and (d), when live-lining,
a person recreationally angling in the Chesapeake Bay or its tidal tributaries
shall only use a circle hook.
(c) When live-lining with a
species of finfish listed in COMAR 08.02.20.02C, a person recreationally
angling in the Chesapeake Bay or its tidal tributaries shall only use a:
(i)
Circle hook; or
(ii) “J” hook.
(d) Except when using spot or
white perch, when live-lining with a finfish that is 4 inches or less in
length, a person recreationally angling in the Chesapeake Bay or its tidal
tributaries shall only use a:
(i) Circle hook; or
(ii) “J” hook.
(2) (text unchanged)
(3) During the period March 1 through March 31, a person recreationally angling in the Chesapeake Bay or its tidal tributaries:
(a)—(b) (text unchanged)
(c) [Except as required by] In addition to the requirements in §§B(1) and (2) of this regulation, when using fish, crabs, or worms as bait, or processed bait, shall only use a:
(i)—(ii) (text unchanged)
(4) During the period April 1 through May 15, a person recreationally angling in the Chesapeake Bay or its tidal tributaries:
(a) (text unchanged)
(b) [Except as required by] In addition to the requirements in §§B(1) and (2) of this regulation, when using fish, crabs, or worms as bait, or processed bait, shall only use a:
(i)—(ii) (text unchanged)
(5) During the period May 16 through December 31, [except as required by] in addition to the requirements in §§B(1) and (2) of this regulation, when using fish, crabs, or worms as bait, or processed bait, a person recreationally angling in the Chesapeake Bay or its tidal tributaries shall only use a:
(a)—(b) (text unchanged)
C.—I. (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Subtitle 18 BOATING—SPEED LIMITS AND OPERATION OF VESSELS
08.18.18 Ocean City—Back Bay Areas
Authority: Natural Resources Article, §§8-703 and 8-704, Annotated Code of Maryland
Notice of Proposed Action
[24-193-P]
The Secretary of Natural
Resources proposes to amend Regulation .01 under COMAR 08.18.18 Back
Bay Areas.
Statement of Purpose
The purpose of this action is to expand and amend the existing Fenwick Ditch speed zone area.
The proposed action expands a portion of the Fenwick Ditch speed zone to include waters approximately 0.2 miles west of the current line toward Montego Bay. The proposed expansion will also modify a small portion of the current Ocean City Canals and Inlets regulated area. The purpose of the expansion of the Fenwick Ditch area and modification of the Ocean City Canals and Inlets area is to more clearly delineate those areas in a way that will be understandable to waterway users. Currently, both the Ocean City Canals and Inlets, and the Fenwick Ditch regulated speed areas have a 6-knot speed limit.
The proposed action also amends the Fenwick Ditch area to include a minimum wake zone near the marsh in the southern portion of the area. This will mitigate destructive wake damage to marshes, mitigate safety concerns to both life and property, and promote safe vessel operations. ‘
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 Ocean City—Back Bay Areas Regulations, Regulatory Staff, Department of Natural Resources (Fishing and Boating Services), 580 Taylor Avenue, E-4, Annapolis, Maryland 21401, or call 410-260-8300, or email to boatingregspubliccomment.dnr@maryland.gov. Comments will be accepted through February 10, 2025. A public hearing has not been scheduled.
.01 Canals and Inlets.
A. Ocean City [canals] Canals and [inlets] Inlets.
(1) Areas.
(a) [encompass] All of the waters of Assawoman and Isle of Wight Bays, east of a line beginning at First Street at or near Lat. 38° 20.043' N., Long. 75° 5.347’' W., then running 26° [(]True[)] to a point, at or near Lat. 38° 20.057'N., Long. 75° 5.338' W., then running northerly along the shore to 10th Street, at or near Lat. 38° 20.518'N., Long. 75° 5.083' W., then running 344° [(]True[)] to a point, at or near Lat. 38° 20.612'N., Long. 75° 5.117' W., then running northerly along the shore to 14th Street, at or near Lat. 38° 20.782'N., Long. 75° 5.123' W., then running 2° [(]True[)] to a point, at or near Lat. 38° 20.858'N., Long. 75° 5.120’ W., then running northerly along the shore to a point at or near Lat. 38° 21.007’N., Long. 75° 5.055’ W., then running 302° [(]True[)] to Mallard Island, at or near Lat. 38° 21.030'N., Long. 75° 5.103' W.,then running northerly along the shore to a point, at or near Lat. 38° 21.107' N., Long. 75° 5.088' W., then running 352° [(]True[)] to the south end of an island, at or near Lat. 38° 21.195' N., Long. 75° 5.105' W., then running northerly along the shore to a point, at or near Lat. 38° 21.237' N., Long. 75° 5.075' W., then running 359° [(]True[)] to a Bayshore Drive, at or near Lat. 38° 21.462' N., Long. 75° 5.078' W., then running northerly along the shore to a point, at or near Lat. 38° 21.668' N., Long. 75° 5.130' W., then running 353° [(]True[)] to Penguin Drive, at or near Lat. 38° 21.755' N., Long. 75° 5.143' W., then running northerly along the shore to 36th Street, at or near Lat. 38° 21.862' N., Long. 75° 4.505' W., then running 15° [(]True[)] to a point, at or near Lat. 38° 21.867' N., Long. 75° 4.503' W., then running northerly along the shore to Trimper Avenue, at or near Lat. 38° 21.915'N., Long. 75° 4.492' W., then running 345° [(]True[)] to a point, at or near Lat. 38° 22.007' N., Long. 75° 4.523' W., then running northerly along the shore to 43rd Street, at or near Lat. 38° 22.192' N., Long. 75° 4.437' W., then running 38° [(]True[)] to a point, at or near Lat. 38° 22.265'N., Long. 75° 4.363' W., then running 2° [(]True[)] to a point, at or near Lat. 38° 22.350'N., Long. 75° 4.360' W., then running northerly along the shore to 47th Street, at or near Lat. 38° 22.365'N., Long. 75° 4.358' W., then running 23° [(]True[)] to a point, at or near Lat. 38° 22.427'N., Long. 75° 4.325' W., then running northerly along the shore to 48th Street, at or near Lat. 38° 22.447'N., Long. 75° 4.318' W., then running 322° [(]True[)] to a point, at or near Lat. 38° 22.453'N., Long. 75° 4.325' W., then running northerly along the shore to 49th Street, at or near Lat. 38° 22.525'N., Long. 75° 4.318' W., then running 344° [(]True[)] to a point, at or near Lat. 38° 22.602' N., Long. 75° 4.347' W., then running 322° [(]True[)] to 52nd Street, at or near Lat. 38° 22.682' N., Long. 75° 4.425' W., then running northerly along the shore to a point, at or near Lat. 38° 22.702' N., Long. 75° 4.420' W., then running 2° [(]True[)] to Reedy Island, at or near Lat. 38° 22.765'N., Long. 75° 4.417' W., then running northerly along the shore to a point, at or near Lat. 38° 22.817'N., Long. 75° 4.377' W., then running 78° [(]True[)] to a point, at or near Lat. 38° 22.830'N., Long. 75° 4.298' W., then running 21° [(]True[)] to 56th Street, at or near Lat. 38° 22.867'N., Long. 75° 4.280' W., then running 8° [(]True[)] to 57th Street, at or near Lat. 38° 22.923'N., Long. 75° 4.270' W., then running 15° [(]True[)] to a point, at or near Lat. 38° 22.967'N., Long. 75° 4.255' W., then running 11° [(]True[)] to a point, at or near Lat. 38° 23.007'N., Long. 75° 4.245' W., then running 321° [(]True[)] to a point on the shore south of the MD Route 90 Bridge, at or near Lat. 38° 23.097'N., Long. 75° 4.337' W., then running northerly along the shore to a point on the north side of the MD Route 90 Bridge, at or near Lat. 38° 23.190'N., Long. 75° 4.455' W., then running 18° [(]True[)] to a point, at or near Lat. 38° 23.335'N., Long. 75° 4.397' W., then running northerly along the shore to 66th Street, at or near Lat. 38° 23.385'N., Long. 75° 4.380' W., then running 49° [(]True[)] to a point, at or near Lat. 38° 23.407'N., Long. 75° 4.348' W., then running northerly along the shore to a point, at or near Lat. 38° 23.427'N., Long. 75° 4.343' W., then running 23° [(]True[)] to a marsh point, at or near Lat. 38° 23.463'N., Long. 75° 4.323' W., then running northerly along the shore to a point, at or near Lat. 38° 23.620'N., Long. 75° 4.303' W., then running 9° [(]True[)] to Swan Point, at or near Lat. 38° 23.925'N., Long. 75° 4.240' W., then running northerly along the shore to a point, at or near Lat. 38° 23.948'N., Long. 75° 4.237' W., then running 47° [(]True[)] to a point, at or near Lat. 38° 24.095'N., Long. 75° 4.033' W., then running 337° [(]True[)] to Rusty Anchor Road, at or near Lat. 38° 24.432'N., Long. 75° 4.217' W., then running 325° [(]True[)] to Bradley Road, at or near Lat. 38° 24.498'N., Long. 75° 4.277' W., then running 329° [(]True[)] to Mooring Road, at or near Lat. 38° 24.567'N., Long. 75° 4.328' W., then running 0° [(]True[)] to a point, at or near Lat. 38° 24.875'N., Long. 75° 4.327' W., then running 51° [(]True[)] to a point, at or near Lat. 38° 25.010'N., Long. 75° 4.118' W., then running northerly along the shore to Point Lookout Road, at or near Lat. 38° 25.162'N., Long. 75° 4.052' W., then running 97° [(]True[)] to Shifting Sands Drive, at or near Lat. 38° 25.145'N., Long. 75° 3.877' W., then running 16° [(]True[)] to a point, at or near Lat. 38° 25.177'N., Long. 75° 3.865' W., then running northerly along the shore to Jamestown Road, at or near Lat. 38° 25.345'N., Long. 75° 4.035' W., then running northerly along the shore to a point, at or near Lat. 38° 25.440'N., Long. 75° 4.027' W., then running 335° [(]True[)] to Newport Canal, at or near Lat. 38° 25.457'N., Long. 75° 4.037' W., then running northerly along the shore to a point, at or near Lat. 38° 25.520'N., Long. 75° 4.105' W., then running 341° [(]True[)] to Heron Drive, at or near Lat. 38° 25.547'N., Long. 75° 4.117' W., then running northerly along the shore to a point, at or near Lat. 38° 25.578'N., Long. 75° 4.113' W., then running 3° [(]True[)] to a point, at or near Lat. 38° 25.602'N., Long. 75° 4.112' W., then running northerly along the shore to North Heron Drive, at or near Lat. 38° 25.640'N., Long. 75° 4.108' W., then running 7° [(]True[)] to a point, at or near Lat. 38° 25.660'N., Long. 75° 4.105' W., then running northerly along the shore to 122nd Street, at or near Lat. 38° 25.703'N., Long. 75° 4.097' W., then running 4° [(]True[)] to South Ocean Drive, at or near Lat. 38° 26.132'N., Long. 75° 4.062' W., then running northerly along the shore to the south side of Fenwick Ditch, at or near [Lat. 38° 26.513'N., Long. 75° 4.140' W] Lat. 38° 26.563'N., Long. 75° 4.107' W.[; and east of a line beginning at a point on the north side of Fenwick Ditch, at or near Lat. 38° 26.718'N., Long. 75° 4.125' W., then running northwesterly along the shore to a point, at or near Lat. 38° 26.823'N., Long. 75° 4.307' W.,]
(b) All of the waters east of a line beginning at a point at or near Lat. 38° 26.855'N., Long. 75° 4.330' W.; then running [21°] 27° [(]True[)] to a point on the Maryland-Delaware line, at or near Lat. 38° 27.075'N., Long. 75° 4.187' W.
(2) [These] The speed limit for the areas [have a 6-knot speed limit all year] described in §A(1) of this regulation is 6 knots.
B. Fenwick Ditch.
(1) Fenwick Ditch Main.
(a) Area. [encompasses the area] All of the waters north and east of a line beginning at a point, at or near Lat. [38° 26.718'N., Long. 75° 4.125' W.] Lat. 38° 26.563' N., Long. 75° 4.107' W., then running [183°] 329° (True) to a point on shore, at or near [Lat. 38° 26.513'N., Long. 75° 4.140' W.] Lat. 38° 26.855' N., Long. 75° 4.330' W., and south of the Maryland-Delaware line across Fenwick Ditch beginning at a point at Maryland-Delaware Boundary Monument 0, at or near Lat. 38° 27.075'N., Long. 75° 3.297' W., then running 270° [(]True[)]to a point at Maryland-Delaware Boundary Monument 1, at or near Lat. 38° 27.075'N., Long. 75° 4.187' W. [This area has a 6-knot speed limit all year.]
(b) Except as specified in
§B(2)(a) of this regulation, the speed limit for the area described in §B(1)(a)
of this regulation is 6 knots.
(2) Fenwick Ditch Marsh.
(a) Area. All of the waters
enclosed by a line beginning at Lat. 38°26.563' N., Long. 75°4.107' W.; then
running 329° True to a point defined by Lat. 38°26.855' N., Long. 75°4.330' W.; then
running 127° True to a point defined by Lat. 38°26.738' N., Long. 75°4.132' W.; then
running 26° True to a point defined by Lat. 38°26.887' N., Long. 75°4.039' W.; then
running 117° True to a point defined by Lat. 38°26.836' N., Long. 75°3.914' W.; then
running 175° True to a point defined by Lat. 38°26.777' N., Long. 75°3.908' W.; then
running 187° True to a point defined by Lat. 38°26.759' N., Long. 75°3.911' W.; then
running 181° True to a point defined by Lat. 38°26.711' N., Long. 75°3.912' W.; then
running 207° True to a point defined by Lat. 38°26.683' N., Long. 75°3.930' W.; then
running 197° True to a point defined by Lat. 38°26.662' N., Long. 75°3.938' W.; then
running 226° True to a point defined by Lat. 38°26.637' N., Long. 75°3.971' W., then
running 235° True to the point of beginning.
(b) The area described in §B(2)(a) has a minimum wake zone.
C. 94th Street Marsh.
(1) Area. [encompasses all the area] All of the waters enclosed by a line beginning at a point at the northeast corner of the 94th Street Canal, at or near Lat. 38° 24.610'N., Long. 75° 3.750' W., then running 280° [(]True[)] to a point on the north side of the 94th Street canal, at or near Lat. 38° 24.687'N., Long. 75° 4.310' W., then running 24° [(]True[)] to a point at the west tip of Devils Island, at or near Lat. 38° 24.768'N., Long. 75° 4.263' W., then running 27° [(]True[)] to a point on the south side of the Old Landing Road canal, at or near Lat. 38° 24.993'N., Long. 75° 4.120' W., then running 95° [(]True[)] to a point on the south side of the Old Landing Road canal, at or near Lat. 38° 24.983'N., Long. 75° 3.972' W., then running 103° [(]True[)] to the south side of Old Landing Road, at or near Lat. 38° 24.977'N., Long. 75° 3.890' W., then running 138° [(]True[)] to the south side of Old Landing Road, at or near Lat. 38° 24.768'N., Long. 75° 3.6520' W., then running 191° [(]True[)] to the point of beginning.
(2) Personal watercraft (PWC) may not operate in [this] the area described in §C(1) of this regulation in excess of idle speed [all year].
JOSH KURTZ
Secretary of Natural
Resources
Subtitle 18 BOATING—SPEED LIMITS AND OPERATION OF VESSELS
08.18.24 Severn River Vessel Management Area
Authority: Natural Resources Article, §§8-703 and 8-704, Annotated Code of Maryland
Notice of Proposed Action
[24-192-P]
The Secretary of Natural Resources proposes to amend Regulations .01
and .02 under COMAR 08.18.24 Severn River Vessel Management Area.
Statement of Purpose
The purpose of this action is to correct a minor typographical error in the current Lower Severn River speed zone area described in Regulation .01 and expand the current Cove of Cork speed zone area described in Regulation .02.
The description of the current Lower Severn River regulated area under Regulation .01 includes a point at or near Lat. 38° 7.952'N. However, that point was inaccurately documented and should be Lat 38° 57.952'N. Thus, this action is needed to update the coordinate in the regulation to accurately reflect the regulated area.
Additionally, this action will expand the existing Cove of Cork 6-knot speed zone area described in Regulation .02 by approximately 300 feet towards the Severn River. This expansion will mitigate destructive wake damage and safety concerns to both life and property while promoting safe vessel operations. The expanded area will have a 6-knot speed limit zone effective at all times, consistent with the current Cove of Cork speed zone.
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 Severn River Vessel Management Area – Regulations, Regulatory Staff, Department of Natural Resources - Fishing and Boating Services, 580 Taylor Avenue, E-4, Annapolis, Maryland 21401, or call 410-260-8300, or email to boatingregspubliccomment.dnr@maryland.gov. Comments will be accepted through February 10, 2024. A public hearing has not been scheduled.
.01 Severn River Main Stem — Speed Limits; Prohibited Zone.
A. The Severn River main stem areas, with their corresponding speed limits, are set forth below:
(1) (text unchanged)
(2) Lower Severn River Area. This encompasses the area north of a line beginning at Greenbury Point, at or near Lat. 38° 58.477' N., Long. 76° 27.268' W., then running 228° (True) to the outer beacon at Back Creek, at or near Lat. [38° 7.952'] 38° 57.952' N., Long. 76° 28.015' W., then running 290° (True) to Chinks Point, at or near Lat. 38° 58.053' N., Long. 76° 28.382' W., then running 350° (True) to Horn Point, at or near Lat. 38° 58.352' N., Long. 76° 28.450' W., then running 350° (True) to Triton Light, at or near Lat. 38° 58.887' N., Long. 76° 28.568' W., and downstream of a line beginning at Severn Narrows, at or near Lat. 39° 4.086' N., Long. 76° 34.543' W., then running 16° (True) to a point, at or near Lat. 39° 4.238' N., Long. 76° 34.489' W., including the areas known as Round Bay and Little Round Bay, and excepting the area around the Old Severn River Fishing Pier at Jonas Green Park beginning at the north shore of the park, at or near Lat. 38° 59.712' N., Long. 76° 29.117' W., then running 236° (True) to a point, at or near Lat. 38° 59.657' N., Long. 76° 29.220' W., then running 145° (True) to a point, at or near Lat. 38° 59.612' N., Long. 76° 29.180' W., then running 55° (True) to a point on the south shore of the park, at or near Lat. 38° 59.697' N., Long. 76° 29.022' W. Except as otherwise restricted, the speed limits for this area are:
(a)—(b) (text unchanged)
(3)—(7) (text unchanged)
B.—C. (text unchanged)
.02 Severn River South Shore — Speed Limits.
[The Severn River south shore areas, with their
corresponding speed limits, are set forth below:]
A.—G. (text unchanged)
H. Cove of Cork. [This encompasses the area upstream of a line beginning at a point at or near Lat. 39° 0.228’ N., Long. 76° 30.473’ W., then running 306° (True) to a point, at or near Lat. 39° 0.235’ N., Long. 76° 30.485’ W. Except as otherwise restricted, the speed limit for this area is 6 knots.]
(1) Area. All of the waters upstream
of a line beginning at a point at or near Lat. 39° 0.205’ N., Long. 76°
30.427’ W., then running 3° (True) to a point, at or near Lat. 39°
0.310’ N., Long. 76° 30.420’ W.
(2) Except as otherwise restricted, the speed limit for the
area described in §H(1) of this regulation is 6 knots.
I.— S. (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION
Authority: Financial Institutions Article, §§2-105.1, 12-926, and 12-1030, Annotated Code of Maryland
Notice of Proposed Action
[24-186-P]
The
Commissioner of Financial Regulation proposes to amend Regulations .02
and .04 under COMAR 09.03.06 Mortgage Lenders.
Statement of Purpose
The purpose of this action is to allow certain entities to obtain licensure as a mortgage lender to conform to the recent decision in Estate of Brown v. Carrie M. Ward, et al, 261 Md.App. 385, (2024). The recent Appellate Court of Maryland decision found that entities, specifically mortgage trusts, were required to obtain a license as a credit grantor. This proposed action allows entities whose structure would otherwise make it excessively burdensome to obtain a license.
This action enhances the Office of Financial Regulation’s (OFR’s) licensing regulations by adding:
(1) Definitions for certain entities that must be licensed;
(2) Procedures for those entities to designate a principal officer and demonstrate net worth as a part of the licensing process.
Estimate of Economic Impact
I. Summary of Economic Impact. The economic impact of the proposed action is expected to be low.
II. Types of Economic Impact.
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
A. On issuing agency: |
NONE |
|
B. On other State agencies: |
NONE |
|
C. On local governments: |
NONE |
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
D. On regulated industries or trade groups: |
|
|
Mortgage Trust licensees |
(-) |
Minimal |
E. On other industries or trade groups: |
NONE |
|
F. Direct and indirect effects on public: |
|
|
Consumers |
(+) |
Minimal |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. The proposed action provides a feasible avenue for mortgage trusts to obtain a license. The regulations impose minimal to no impact beyond what was imposed by the court decision.
F. It is expected that the public will directly benefit from the impact by the court decision. The regulations will indirectly benefit the public by enabling mortgage trusts to seek licensure in an efficient manner.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Amy Hennen, Acting Assistant Commissioner for Policy, Office of Financial Regulation, 1100 Eutaw St. Ste. 611, or call 410-230-6094, or email to amy.hennen@maryland.gov. Comments will be accepted through January 12, 2024. A public hearing has not been scheduled.
.02 Definitions.
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) — (34) text unchanged
(35) “Passive trust” means a trust that:
(a) Acquires mortgage loans which are serviced by others;
(b) Does not make mortgage loans;
(c) Is not a mortgage broker or mortgage servicer as defined in Financial
Institutions Article §11-501, Annotated Code of Maryland;
(d) Receives all periodic mortgage loan payments through a
mortgage servicer; and
(e) Is not engaged in the day-to-day servicing of mortgage
loans.
[(35)](36)— [(43)](44) (text unchanged)
.04 Licensing and Application Requirements.
A. Scope.
(1) — (4) text unchanged
(5) (text unchanged)
(a)—(b) (text unchanged)
(c) An elected or appointed senior officer, including President, Executive Vice President, Senior Vice President, Treasurer, Secretary, Chief Executive Officer, Chief Operating Officer, Chief Legal Officer, Chief Credit Officer, and Chief Compliance Officer; [or]
(d) An individual, regardless of title, who has the power to direct
the management or policies of the mortgage lending business[.]; or
(e) If the applicant is a passive trust:
(i) The trustee; or
(ii) If the trustee is not a natural person, a person who would be deemed a principal officer of the trustee in accordance with paragraphs (a) through (d) of this subsection.
(6) If an applicant is a passive trust, the individual providing
the information required by Financial Institutions Article §11-506.1(b) Annotated
Code of Maryland, shall be a principal officer as defined in subsection (5) of
this section,
(7) For purposes of the net worth requirement contained in Financial
Institutions Article §11-508.1, Annotated Code of Maryland, a passive trust
whose only assets will be mortgage loans which it does not yet hold will be
deemed to satisfy the net worth requirement at the time of application if the
passive trust provides evidence satisfactory to the Commissioner that it holds
or will hold sufficient assets of the type identified in Financial Institutions
Article §11-508.1, Annotated Code of Maryland to satisfy the net worth
requirement within 90 days of licensure.
(8) A passive trust that meets the net worth requirement
contained in Financial Institutions Article §11-508.1, Annotated Code of
Maryland, under Regulation .04A(7) of this section shall provide the
Commissioner with evidence that it satisfies the net worth requirements within
90 days after obtaining its license.
B. — K. text unchanged
ANTONIO SALAZAR
Commissioner
Subtitle 42 FAMILY AND MEDICAL LEAVE
INSURANCE PROGRAM
Authority: Labor and Employment Article, §§8.3-101, 403, and 906
Annotated Code of Maryland
Notice of Proposed Action
[24-215-P]
The Family and Medical Leave Insurance Division of the Maryland
Department of Labor proposes to adopt new Regulations .01—.05 under a
new chapter, COMAR 09.42.05 Dispute Resolution, under a new subtitle,
Subtitle 42 Family and Medical Leave Insurance Program.
Statement of Purpose
The purpose of this action is to establish the dispute resolution processes for the FAMLI program. It details how disputes will be handled for determinations issued by the Department as well as private providers. These regulations also provide processes for employers to dispute assessed liabilities.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Regan Vaughan, Director of Policy, Family and Medical Leave Insurance Division of the Maryland Department of Labor, 1100 N. Eutaw Street, Baltimore, MD, or call 410-230-6071, or email to famli.policy@maryland.gov. Comments will be accepted through February 10, 2025. A public hearing has not been scheduled.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Administrative Procedure Act” means State Government
Article, §§10-201—10-217, Annotated Code of Maryland.
(2) “Authorized representative” means a person designated by
a party to represent the party during the Division’s dispute resolution
process.
(3) “Contribution liability” means the amount the Division
tells an employer is due each quarter, covering both the employer and employee
portion.
(4) “Final order” means the final decision of the hearing
officer which contains findings of fact, conclusions of law, and a disposition
which grants or denies FAMLI benefits and/or FAMLI leave.
(5) “Good cause” means a demonstration by a party that a
failure to timely file for EPIP denial or termination review, reconsideration,
appeal, or postponement was due to:
(a) A serious health condition that resulted in an
unanticipated and prolonged period of incapacity and that prevented all
individuals with authority to file from filing in a timely manner;
(b) A demonstrated inability to reasonably access a means to
file in a timely manner, such as due to a natural disaster, power outage, or a
significant and prolonged Department system outage; or
(c) A demonstrated failure of the entity which issued the
adverse determination to provide notice of dispute resolution procedures.
(6) “Hearing officer” means the individual or entity who
issues the final order in a FAMLI appeal.
(7) “Party” means a claimant, an individual who has been
disqualified from receiving benefits under Labor and Employment Article
§8.3-901, Annotated Code of Maryland, an EPIP administrator, or the Division,
or all or some of them, as applicable.
.02 EPIP Denial or Termination Review.
A. An employer whose
application to opt-out of the State plan and into an EPIP was denied or whose
EPIP was involuntarily terminated may file a request for review.
B. Manner of Filing.
(1) Requests for review shall be filed with the Division
within 10 business days of the application denial or termination unless good
cause for a delay can be shown.
(2) Requests for review shall be in writing.
(3) Requests for review shall include why the requestor
believes the application denial or termination was in error.
C. Review shall be conducted by Division personnel who did
not participate in the initial application denial or termination at issue.
D. The Division shall issue a
decision electronically on a request for review within 20 business days.
E. The Division may schedule an
informal conference to discuss the review request.
F. If the Division schedules an
informal conference, it shall be held within the
required time period for a decision to be issued.
.03 Claimant and Benefit Disqualification Reconsideration and
Appeals.
A. Reconsideration. Any claimant is entitled to request
reconsideration of any determination by the Division or an EPIP administrator.
(1) Manner of Filing.
(a) Requests for reconsideration shall be filed within 30
days, unless good cause can be shown, of the adverse determination with the
issuing entity.
(b) Requests for reconsideration shall be in writing.
(c) Requests shall include why the requestor believes the
adverse determination to be in error.
(2) Notice of Reconsideration. When a reconsideration request
is filed, the Division or EPIP administrator shall notify in a timely manner
all parties to the adverse determination being reconsidered and the employer.
(3) Reconsideration shall be conducted by Division or EPIP
administrator personnel, as applicable, who did not participate in the adverse
determination at issue.
(4) A decision on the reconsideration shall be issued within 10 business days.
(5) An informal conference to discuss the
reconsideration may be held.
(6) If an informal conference is scheduled, it shall be held
within the required time period for a decision to be
issued.
B. Appeals. Any claimant whose claim has been denied, in part
or in full, whose benefits have been underpaid, or any individual who has been
disqualified from receiving benefits under Labor and Employment Article
§8.3-901, Annotated Code of Maryland is entitled to file appeals of adverse
determinations.
(1) The appeals process is available only to claimants who
have completed the reconsideration process as described in §A of this
Regulation.
(2) The appeal shall be filed with the Division within 30
days of the adverse determination unless the claimant or individual can show
good cause.
(3) The Division shall be a party to every appeal under this
section regardless of which entity issued the adverse determination on appeal.
(4) Notice of Appeal. When an appeal is filed, the Division
shall notify in a timely manner:
(a) All parties to the adverse determination being appealed,
including the issuer of the benefits at issue; and
(b) The claimant’s employer from whom the claimant requested
FAMLI leave.
(5) Informal Conference. There may be an informal conference
process activated at the sole discretion of the Division at the time of filing of the appeal and proceeding with it shall be at the
discretion of the Division.
(6) Absent unusual circumstances, a hearing shall be held on the appeal within 30 days of filing of the appeal.
(7) Hearing Notice. Parties to appeals shall be provided with
reasonable written notice of a hearing to the parties.
(a) The hearing notice shall contain:
(i) The date, time, place, and
nature of the hearing;
(ii) A statement of the right to present witnesses,
documents, and other forms of evidence, and the right to cross-examine
witnesses of another party;
(iii) A statement of the right to request subpoenas for
witnesses and evidence, specifying the costs, if any, associated with the
request;
(iv) A copy of the hearing procedure;
(v) A statement of the right or restrictions pertaining to
representation;
(vi) A statement that failure to appear for the scheduled
hearing may result in an adverse action against that
party; and
(vii) A statement that the parties may agree to the evidence
and waive their right to appear at the hearing.
(b) Service of Notices, Orders, and Other Documents. Except
as provided by prior agreement of the parties, the hearing officer shall serve
notices, orders, and other documents to the parties in one of the following
ways:
(i) Electronically; and
(ii) By personal delivery; or
(iii) By mailing a copy of the document, first class, postage
prepaid, to the person’s last known business or home address; and
(iv) If the person is represented by counsel, also by
delivering or mailing a copy of the document, first class, postage prepaid, to
the person’s attorney.
(c) The hearing officer shall send the hearing notice to the
parties to the appeal electronically and by certified mail to the person’s last
known address:
(i) At least 15 days before the
hearing; or
(ii) If the parties have agreed to a date for which 15 days notice cannot be given, at the earliest time possible.
(8) Representation.
(a) A party to a proceeding may:
(i) Appear individually or, if
appearance by a representative is permitted by law, through a representative;
or
(ii) Be represented by an attorney authorized to practice in
Maryland.
(b) Any notice, decision, or other matter required to be sent
to a party may also be sent to the party’s attorney of record at the attorney’s
address.
(c) If a party is represented by an attorney or appears
through an authorized representative, then examination and cross-examination of
witnesses, and objections and motions on the party’s
behalf shall be made solely by the attorney or the authorized representative.
(9) Failure to Appear. A hearing may proceed as scheduled in
the absence of a party if the party has:
(a) Been served in accordance with §B(7) of this regulation;
and
(b) Failed to obtain a postponement of the hearing from the
hearing officer under these requirements.
(10) Postponement.
(a) The hearing officer may postpone a hearing only if a
written request for postponement is filed with the hearing officer not later
than 10 days before the date of the hearing.
(b) If a request for postponement is received later than 10
days before the date of the hearing, the hearing officer shall deny the request
unless they determine that there was good cause which justified the delay.
(c) Failure to retain counsel or to
timely request a subpoena may not be considered good cause under this
regulation.
(d) A request for postponement based on failure to obtain
service on a witness may not be granted if the party has failed to comply with
the subpoena procedures set forth at COMAR 09.01.02.
(11) Discovery. There is no pre hearing
discovery.
(12) The documents used by the provider of FAMLI benefits in
determining the claim shall be part of the record.
(13) Subpoenas. Subpoena procedures are governed by COMAR
09.01.02.
(14) Conduct of the Proceedings.
(a) The hearing officer may impose reasonable time
limitations.
(b) The Maryland Rules of Civil Procedure may be used as a
guide in resolving procedural issues governing the conduct of the hearing that
are not addressed in this chapter and the Administrative Procedure Act.
(c) The hearing officer may conduct all or any part of the
hearing by telephone, video conference, or other electronic means, in
accordance with State Government Article, §10-211, Annotated Code of Maryland.
(d) Order of Proceedings. Absent unusual circumstances, the
order of proceedings shall be as follows:
(i) Opening statements and
preliminary matters may be heard;
(ii) All individuals planning to testify shall be sworn
before testifying;
(iii) The claimant or individual or their attorney or
authorized representative may present the claimant’s or individual’s case;
(iv) The EPIP administrator may present the EPIP
administrator’s case;
(v) The Division may present the Division’s case;
(vi) The claimant or individual shall be entitled to a brief
rebuttal after the conclusion of the EPIP administrator’s case and/or the
Division’s case;
(vii) The hearing officer may hear closing arguments in the
same order as the presentation of evidence;
(viii) Dispositive motions are prohibited.
(15) Evidence.
(a) The rules of evidence under this chapter shall be under
State Government Article, §10-213, Annotated Code of Maryland.
(b) Hearsay, in the form of medical records and certified
forms filled out by licensed health care providers, shall be permitted at the
hearing.
(c) Additional evidence may not be introduced unless the
party seeking to introduce it demonstrates to the satisfaction of the hearing
officer that the new evidence:
(i) Is relevant and material;
(ii) Was not discovered before the claim was filed; and
(iii) Could not have been discovered before the claim was
filed with the exercise of due diligence.
(16) All hearings shall be on the record.
The record shall include:
(a) All pleadings, motions, responses, correspondence,
memoranda, including proposed findings of fact and conclusions of law, and
requests filed by the parties;
(b) All hearing notices;
(c) All documentary and other tangible evidence received or
considered;
(d) A statement of each fact officially noticed;
(e) All stipulations;
(f) All offers of proof and objections;
(g) All rulings, orders, and decisions,
proposed or final;
(h) Matters placed on the record in connection with ex parte communication;
(i) The recording of the hearing,
and any pre hearing proceeding, and any transcript of
the recording prepared by a court reporting service; and
(j) Any other item required by law.
(17) Interpreters.
(a) If a party or witness cannot readily hear, speak, or
understand the spoken or written English language, and applies to the hearing
officer in advance of the hearing for the appointment of a qualified
interpreter to assist that party or witness, the hearing officer shall appoint
a qualified interpreter to provide assistance during
the hearing.
(b) With the approval of the hearing officer, a party who
intends to offer the testimony of a witness who cannot readily hear, speak, or
understand the spoken or written English language, may arrange for a qualified
interpreter to assist the witness.
(c) An interpreter shall take an oath or affirm that the
interpreter will accurately translate.
(18) Burden of Proof.
(a) The claimant shall bear the burden of proving, by a
preponderance of the evidence, that the Division or EPIP administrator erred in
making the initial claim decision under dispute, given the evidence available
at the time of the initial decision.
(b) The individual who has been disqualified from receiving
benefits under Labor and Employment Article §8.3-901, Annotated Code of
Maryland shall bear the burden of proving, by a preponderance of the evidence,
that the individual should not have been disqualified.
(19) Closed Hearings. Unless otherwise provided by statute,
all hearings conducted under this chapter are closed to the public.
(20) Recording.
(a) The proceedings shall be recorded.
(b) The record need not be transcribed unless requested by a
party.
(c) The cost of a typewritten transcript of any proceeding or
part of a proceeding shall be paid by the party requesting the transcript.
(d) Except as provided under §B(20)(a) of this regulation,
cameras, tape recorders, and other electronic and photographic equipment of any
type are not permitted at the hearing, unless the equipment is intended to be
introduced into evidence or used to present evidence.
(21) Recusal. A hearing officer shall be recused from the
review of an appeal and from participating in a hearing if the hearing officer:
(a) Has personal knowledge of the facts which gave rise to the appeal;
(b) Has a personal or business relationship with any of the
parties or witnesses; or
(c) For any other reason may be
unable to act impartially in the matter.
(22) Decisions. After consideration of the testimony and
other evidence the hearing officer shall issue a final written order, including
any penalties or fees issued under Labor and Employment Article §8.3-101 et
seq., Annotated Code of Maryland, to the parties at the conclusion of the
hearing.
(23) Decision to Employer. Upon
receipt of the decision by the Division, the Division shall forward a copy of
the decision to the employer.
(24) Judicial Review. A party aggrieved
by the final order is entitled to judicial review of the decision under State
Government Article, §10-222, Annotated Code of Maryland.
.04 Contribution
Liability Reconsideration and Appeals.
A. Reconsideration. An
employer is entitled to request reconsideration by the Division of a
determination of the employer’s contribution liability.
(1) Manner of Filing.
(a) Requests for
reconsideration shall be filed within 30 days, unless good cause can be shown,
of notice of the contribution liability;
(b) Requests for
reconsideration shall be in writing; and
(c) Requests shall
include why the requestor believes the contribution liability to be in error.
(2) Reconsideration
shall be conducted by Division personnel who did not participate in the
contribution liability determination at issue.
(3) A decision on the reconsideration shall be issued within
30 days.
B. Appeals.
(1) The appeals process
is only available to employers who have completed the reconsideration process
as described in §A of this Regulation.
(2) The appeal shall be
filed with the Division within 30 days of the reconsideration denial unless the
employer can show good cause.
(3) Absent unusual circumstances,
a hearing shall be held on the appeal within 60 days of filing
of the appeal.
(4) Hearing Notice.
Employers shall be provided with reasonable written notice of a hearing.
(a) The hearing notice
shall contain:
(i)
The date, time, place, and nature of the hearing;
(ii) A statement of the
right to present witnesses, documents, and other forms of evidence, and the
right to cross-examine witnesses;
(iii) A statement of
the right to request subpoenas for witnesses and evidence, specifying the
costs, if any, associated with the request;
(iv) A copy of the
hearing procedure;
(v) A statement of the
right or restrictions pertaining to representation;
(vi) A statement that
failure to appear for the scheduled hearing may result in an adverse action
against the employer; and
(vii) A statement that
the employer and Division may agree to the evidence and waive their right to
appear at the hearing.
(b) Service of Notices,
Orders, and Other Documents. Except as provided by prior agreement, the hearing
officer shall serve notices, orders, and other documents to the parties in one
of the following ways:
(i)
Electronically; and
(ii) By personal
delivery; or
(iii) By mailing a copy
of the document, first class, postage prepaid, to the employer’s last known
business or home address; and
(iv) If the employer is
represented by counsel, also by delivering or mailing a copy of the document,
first class, postage prepaid, to the employer’s attorney.
(c) The hearing officer
shall send the hearing notice to the employer electronically and by certified
mail to the employer’s last known address:
(i)
At least 15 days before the hearing; or
(ii) If the employer
has agreed to a date for which 15 days notice cannot
be given, at the earliest time possible.
(5) Representation.
(a) An employer may
appear individually or, if appearance by an attorney or representative is
permitted or required by law, through an attorney authorized to practice in
Maryland.
(b) Any notice,
decision, or other matter required to be sent to an employer may also be sent
to the employer’s attorney of record at the attorney’s address.
(c) If an employer is
represented by an attorney or appears through an authorized representative,
then examination and cross-examination of witnesses, and objections and motions
on the employer’s behalf shall be made solely by the attorney or the authorized
representative.
(6) Failure to Appear.
A hearing may proceed as scheduled in the absence of the employer if the
employer has:
(a) Been served in
accordance with §B(4) of this Regulation; and
(b) Failed to obtain a
postponement of the hearing from the hearing officer under these requirements.
(7) Postponement.
(a) The hearing officer
may postpone a hearing only if a written request for postponement is filed with
the hearing officer not later than 10 days before the date of the hearing.
(b) If a request for
postponement is received later than 10 days before the date of the hearing, the
hearing officer shall deny the request unless they determine that there was
good cause which justified the delay.
(c) Failure to retain counsel or to timely request a subpoena may not be
considered good cause under this regulation.
(d) A request for
postponement based on failure to obtain service on a witness may not be granted
if the employer has failed to comply with the subpoena procedures set forth at
COMAR 09.01.02.
(8) Discovery. There is
no pre hearing discovery.
(9) Subpoenas. Subpoena
procedures are governed by COMAR 09.01.02.
(10) Conduct of the
Proceedings.
(a) The hearing officer
may impose reasonable time limitations.
(b) The Maryland Rules
of Civil Procedure may be used as a guide in resolving procedural issues
governing the conduct of the hearing that are not addressed in this chapter and
the Administrative Procedure Act.
(c) The hearing officer
may conduct all or any part of the hearing by telephone, video conference, or
other electronic means, in accordance with State Government Article, §10-211,
Annotated Code of Maryland.
(d) Order of
Proceedings. Absent unusual circumstances, the order of proceedings shall be as
follows:
(i)
Opening statements and preliminary matters may be heard;
(ii) All individuals
planning to testify shall be sworn before testifying;
(iii) The employer or
their attorney or authorized representative may present the employer’s case;
(iv) The Division may
present the Division’s case;
(v) The employer shall
be entitled to a brief rebuttal after the conclusion of the Division’s case;
(vi) The hearing
officer may hear closing arguments in the same order as the presentation of evidence;and
(vii) Dispositive
motions are prohibited.
(11) Evidence.
(a) The rules of
evidence under this chapter shall be under State Government Article, §10-213,
Annotated Code of Maryland.
(b) Additional evidence
may not be introduced unless the party seeking to introduce it demonstrates to
the satisfaction of the hearing officer that the new evidence:
(i)
Is relevant and material;
(ii) Was not discovered
before the contribution liability was determined; and
(iii) Could not have
been discovered before the contribution liability was determined with the
exercise of due diligence.
(12) The record shall
include:
(a) All pleadings,
motions, responses, correspondence, memoranda, including proposed findings of
fact and conclusions of law, and requests filed by the employer and Division;
(b) All hearing
notices;
(c) All documentary and
other tangible evidence received or considered;
(d) A statement of each
fact officially noticed;
(e) All stipulations;
(f) All offers of proof
and objections;
(g) All rulings,
orders, and decisions, proposed or final;
(h) Matters placed on
the record in connection with ex parte communication;
(i)
The recording of the hearing, and any pre hearing
proceeding, and any transcript of the recording prepared by a court reporting
service; and
(j) Any other item
required by law.
(13) Interpreters.
(a) If an employer or
witness cannot readily hear, speak, or understand the spoken or written English
language, and applies to the hearing officer in advance of the hearing for the
appointment of a qualified interpreter to assist that employer or witness, the
hearing officer shall appoint a qualified interpreter to provide
assistance during the hearing.
(b) With the approval
of the hearing officer, an employer who intends to offer the testimony of a
witness who cannot readily hear, speak, or understand the spoken or written
English language, may arrange for a qualified interpreter to assist the
witness.
(c) An interpreter
shall take an oath or affirm that the interpreter will accurately translate.
(14) Burden of Proof.
The employer shall bear the burden of proving, by a preponderance of the
evidence, that the employer is entitled to a change in the contribution
liability.
(15) Open Hearings.
Unless otherwise provided by statute, all hearings conducted under this chapter
are open to the public.
(16) Recording.
(a) The proceedings
shall be recorded;
(b) The record need not
be transcribed unless requested by the employer;
(c) The cost of a
typewritten transcript of any proceeding or part of a proceeding shall be paid
by the entity requesting the transcript; and
(d) Except as provided
under §B(16)(a) of this Regulation, cameras, tape recorders, and other
electronic and photographic equipment of any type are not permitted at the
hearing, unless the equipment is intended to be introduced into evidence or
used to present evidence.
(17) Recusal. A hearing
officer shall be recused from the review of an appeal and from participating in
a hearing if the hearing officer:
(a) Has personal
knowledge of the facts which gave rise to the appeal;
(b) Has a personal or
business relationship with the employer or witnesses; or
(c) For any other
reason may be unable to act impartially in the matter.
(18) Decisions. After
consideration of the testimony and other evidence the hearing officer shall
issue a final written order, including any penalties or fees issued under Labor
and Employment Article §8.3-101 et seq., Annotated Code of Maryland, within 90
days of the conclusion of the hearing.
(19) Judicial Review.
An employer aggrieved by the final order is entitled to judicial review of the
decision under State Government Article, §10-222, Annotated Code of Maryland.
.05 Special EPIP
Provisions.
A. To the extent the
dispute resolution procedures, including timelines and good cause, outlined in
this chapter are more restrictive with respect to claimants and recipients than
those dispute resolution procedures outlined by the Administration, the Administration’s
procedures shall control.
B. To the extent the dispute resolution procedures, including notice requirements and good cause, outlined in this chapter are less restrictive with respect to employers and carriers than those dispute resolution procedures outlined by the Administration, the Administration’s procedures shall control.
PORTIA WU
Secretary Department of Labor
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 07 MARYLAND TRANSPORTATION AUTHORITY
11.07.07 Electronic Toll Collection and Toll Violation Enforcement
Authority: Courts and Judicial Proceedings Article, §§7-301 and 7-302; Transportation Article, §§4-205, 4-312, 21-1414, 21-1415, 26-401, and 27-110; Annotated Code of Maryland
Notice of Proposed Action
[24-187-P]
The Executive Director of
the Maryland Transportation Authority proposes to amend Regulation .05 under
COMAR 11.07.07 Electronic Toll Collection and Toll Violation Enforcement.
The proposal was unanimously approved by the MDTA Board at their open meeting
on October 23, 2024.
Statement of Purpose
The purpose of this action is to amend COMAR 11.07.07.05 to allow the Maryland Transportation Authority to terminate an E-ZPass Maryland account for inactivity, defined as having no tolls posted or funds added to the account for at least 24 months. These changes would save the agency nearly $300,000 per month once the proposed new regulations are enacted. Additional ongoing savings are anticipated as other accounts become inactive on an ongoing basis. The change will also benefit approximately 107,180 customers who may have funds returned to them once their accounts are terminated.
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 Bradley
Ryon, Manager of Government Relations, MDTA, 2310 Broening Highway
Baltimore, MD 21224, or call 410-387-5253, or email to bryon@mdta.state.md.us.
Comments will be accepted through February 10, 2025. A public hearing has not
been scheduled.
.05 Suspension or Termination of E-ZPass Account Privileges.
A. The Authority may suspend or terminate an E-ZPass account holder's privileges for violation of electronic toll collection laws this chapter, or the Agreement.
B. The Authority may terminate an E-ZPass
account for inactivity, with no tolls posted or funds added to the account for
at least 24 months.
[B.] C. The Authority shall notify an E-ZPass account holder as soon as practicable of a suspension or termination of E-ZPass account privileges.
[C.] D. If E-ZPass account privileges are suspended or terminated, the Authority shall return to an E-ZPass account holder within 60 days any unencumbered funds more than $3.50 remaining in an E-ZPass account. Unused discount toll program trips remaining on an E-ZPass account may not be refunded or credited.
BRUCE GARTNER
Executive Director
Subtitle 01 PRESCRIPTION DRUG AFFORDABILITY BOARD
Authority: Health-General Article, §§21-2C-03(f)(1), 21-2C-09, 21-2C-13, 21-2C-14, Annotated Code of Maryland
Notice of Proposed Action
[24-221-P]
The Maryland Prescription Drug Affordability Board proposes to:
(1) Amend Regulation .01 under COMAR 14.01.01 General Provisions;
(2) Adopt new Regulation .06 under COMAR 14.01.01 General Provisions;
(3) Adopt new Regulations .01—.09 under a new chapter, COMAR 14.01.05 Policy Review, Final Action, Upper Payment Limits.
This action was considered by the Board at open
meeting held on November 25, 2024, notice of which was given pursuant to
General Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to describe policies and procedures for making prescription drug policy recommendations, and for determining and establishing an upper payment limit.
Under Health-General Article §21-2C-09, the Board may conduct a cost review study to determine whether use of a prescription drug product “has led or will lead to affordability challenges for the State health care system or high out-of-pocket costs for patients (“affordability challenges”).” This study informs policy decisions and actions by the Board.
If the Board determines that a prescription drug product has led or will lead to affordability challenges, the Board may consider, recommend, and implement policies to address those affordability challenges, including establishing an upper payment limit (“UPL”) that applies to purchases and payments by or on behalf of state and local governments (“eligible governmental entities”). The Board drafted an Upper Payment Limit Action Plan detailing how the Board proposed to assess whether a UPL is an appropriate policy solution to redress the driver(s) of the affordability challenge, and procedures for determining and setting a UPL amount. The Legislative Policy Committee approved the UPL action plan and these regulations establish those procedures for assessing and developing policy solutions including the setting of an UPL through the adoption of a regulation.
Under COMAR 14.01.01 General Provisions:
(1) Add several definitions of general application; and
(2) Add new Regulation .06 establishing procedures for holding hearings to
(a) gather information from the general public before making recommendations or taking action with respect to a policy; or
(b) to receive technical input, technical information or expert testimony before making recommendations or taking action with respect to a policy.
Under COMAR 14.01.05 Policy Review, Final Action, Upper Payment Limits:
(1) Define certain terms applicable to this chapter;
(2) Identify certain criteria for setting an upper payment limit;
(3) Establish the policy review process which includes information gathering, preliminary policy recommendations and final actions;
(4) Establish tools for gathering information;
(5) Establish procedures for making policy recommendations;
(6) Establish procedures for determining UPL values, identifying methodologies, and relevant contextual information;
(7) Provide for a final determination of whether the prescription drug has or will create an affordability challenge and a final cost review study report;
(8) Establish procedures for establishing a UPL and provide for a UPL monitoring program; and
(9) Establish procedures for reconsideration of a UPL.
Estimate of Economic Impact
I. Summary of Economic Impact. The Board anticipates that implementing COMAR 14.01.05 (Policy Review, Final Action, Upper Payment Limits) will decrease prescription drug expenditures by state and local governments. The regulations establish the procedures for assessing certain cost drivers, and recommending policies to make prescription drugs more affordable, including establishing an upper payment limit. The economic impact of these regulations is difficult to quantify because the impact will vary depending on the number of cost review studies completed, the alternative policies recommended by the Board to redress affordability challenges, and if an upper payment limit is set, the methodologies employed to establish the upper payment limit, the amount of the upper payment limit, utilization of the prescription drug product, the number of upper payment limits in effect, and the implementation of the upper payment limit. Implementation of an upper payment limit is predicted to reduce revenues ultimately realized by pharmaceutical manufacturers.
II. Types of Economic Impact.
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
A.
On issuing agency: |
NONE |
|
B.
On other State agencies: |
|
|
(1) Department of Budget and Management |
(E-) |
Indeterminable |
(2) Maryland Department of Health |
(E-) |
Indeterminable |
(3) Department of Public Safety &
Corrections |
(E-) |
Indeterminable |
C.
On local governments: |
|
|
(1) County Governments |
(E-) |
Indeterminable |
(2) Municipal Governments |
(E-) |
Indeterminable |
|
Benefit
(+) Cost
(-) |
Magnitude |
D.
On regulated industries or trade groups: |
|
|
PBMs |
|
Indeterminable |
Carriers
of health benefit plans |
|
Indeterminable |
Vendors
(government) |
|
Indeterminable |
E.
On other industries or trade groups: |
|
|
Pharmaceutical
Manufacturers |
(-) |
Indeterminable |
F.
Direct and indirect effects on public: |
|
|
public |
(+) |
Indeterminable |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
B(1). Economic Impact on Agencies and Local Governments
In determining that state and local governments will experience an indeterminate decrease in expenditures, the Board assumes that the upper payment limit set by the Board is less than or equal to the amount currently paid by state and local governments. The total spending for the prescription drug product will decrease and ultimately the revenues realized by the prescription drug product manufacturer are predicted to decrease.
The economic impact of the regulation is difficult to quantify because the impact will vary depending on the number of cost review studies completed, the alternative policies recommended by the Board to redress affordability challenges, and if an upper payment limit is set, the methodologies employed to establish the upper payment limit, the amount of the upper payment limit, utilization of the prescription drug product, the number of upper payment limits in effect, and implementation of the UPL.
The Board assumes that the regulations will impact payments for and purchases of prescription drug products by eligible governmental entities which may include payments made on behalf of a state or local government through its PBM, carrier providing a health benefit plan or vendor. In effecting the UPL there may be incidental, transient or operational impacts on these market participants contracting with state and local governments.
B(2). See paragraph B(1).
B(3). See paragraph B(1).
C(1). See paragraph B(1).
C(2). See paragraph B(1).
D(1). See paragraph B(1).
D(2). See paragraph B(1).
D(3). See paragraph B(1).
E(1). See paragraph B(1).
F(1). The Board assumes that the reduced expenditures by state and local governments will have an unspecified positive impact on the public, as taxpayers, because the governments may allocate the savings to other public services or reduce taxes.
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 Christina Shaklee, Health Policy Analyst Advanced, Maryland Prescription Drug Affordability Board, 16900 Science Drive, Suite 112-114 Bowie, MD 20715, or call 410-703-7015, or email to christina.shaklee1@maryland.gov. Comments will be accepted through February 10, 2025. A public hearing has not been scheduled.
Authority: Health-General Article, §21–2C–03(f)(1), Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(43) (text unchanged)
(44) “Net cost” means the per-unit cost paid by payors and purchasers of a drug after accounting for all price concessions, discounts, and rebates.
(45)—(55) (text unchanged)
(56) “Purchaser” means an entity that purchases prescription
drug products that is not a payor or patient.
[(56)] (57)— [(60)] (61) (text unchanged)
(62) “System net cost” means the sum of the net cost as defined above and the per unit patient out-of-pocket cost.
[(61)] (63) “Therapeutic alternative” means a drug product that has one or more of the same or similar indications for use as a particular drug but is not a therapeutic equivalent to that drug.
[(62)] (64)— [(68)] (70) (text unchanged)
(71) “Utilization” means information about the use of a drug
including the number of units, the number of patients and number of
prescriptions or claims.
.06 Hearing Procedures.
A. Scope.
(1) This regulation applies to hearings
held:
(a) To gather
information from the general public before making
recommendations or taking action with respect to a policy; or
(b) For the purpose of receiving technical input, technical
information or expert testimony before making recommendations or taking action with respect to a policy.
(2) This regulation does not apply to contested case hearings,
any part of an appeal process or a hearing where the purpose is other than to
gather information from:
(a) The public;
(b) A person with a specific interest in the issue including a
stakeholder; or
(c) A person with specific knowledge, skills, expertise or
technical information or input.
B. General Hearing
Provisions.
(1) Notice of Hearing.
(a) The Board shall publish a notice of the hearing on the
Board’s website.
(b) The Board shall include in the notice of the hearing:
(i) The date and time of the hearing;
(ii) The physical location of the hearing, or link or
registration information if the hearing is held remotely or live streamed;
(iii) The purpose of the hearing;
(iv) A statement that the Board will make reasonable
accommodation for individuals with disabilities if these individuals advise the
Board of their special needs by giving the Board reasonable advance notice; and
(v) Any other applicable information.
(2) Conducting a Quasi-Legislative Hearing.
(a) A hearing held under this regulation is quasi-legislative
and may be conducted or presided over by:
(i) The Board Chair; or
(ii) A staff member designated by the Chair.
(b) The Chair or staff designee shall determine the conduct of the
hearing, including:
(i) The order of presentation; and
(ii) Time limits for questions and testimony.
(c) The Chair or staff designee may:
(i) Order a person who engages in
disruptive behavior that interferes with the orderly conduct of the hearing to
be removed from the hearing;
(ii) Request police assistance to assure or restore order; and
(iii) Recess a disorderly hearing.
(d) For hearings held under this regulation the following does
not apply:
(i) The right of cross-examination;
and
(ii) The rules of evidence.
(e) If an exhibit is offered and is relevant to the hearing, the
Chair or staff designee shall receive and mark the exhibit offered in
testimony.
(f) Unless the Chair or staff designee believes that an oath
provides some assurance of veracity, formality, or decorum to the hearing, the
Chair or staff designee may dispense with the formality of an oath.
(g) The Chair or staff designee has discretion to:
(i) Postpone or continue the hearing;
and
(ii) Accept additional materials beyond the date of the hearing.
C. Informational Hearings.
(1) Convening an Informational Hearing.
(a) The Board may,
through Board staff, convene informational hearings to receive input,
information, and opinions from the public and stakeholders to inform the
consideration and development of a recommendation, policy, regulation or
action.
(b) The Board shall
provide public notice of the hearing in accordance with §B of this regulation.
(c) In advance of the
scheduled hearing, the Board may identify and publish questions, topics or
matters about which the Board would like to receive information.
(2) Conducting an
Informational Hearing.
(a) A person who wishes to provide input, information and
opinions by testifying shall:
(i) Register to speak in advance of
the hearing as directed by staff; and
(ii) Provide the information requested by staff.
(b) The Chair or staff designee shall give all persons who register to speak an opportunity to do so but
may limit repetitious testimony.
(c) The Chair or staff designee may:
(i) Allow questions from the audience;
(ii) Take questions from the audience and redirect the questions
to others present at the hearing;
(iii) Ask questions of anyone present at the hearing; and
(iv) Refer questions to Board staff who
may respond after the hearing.
(d) Following an informational hearing, Board
staff may provide the Board with summaries of the information received and
staff’s recommendations.
D. Technical Hearings.
(1) Convening a Technical Hearing.
(a) The Board may convene a hearing for the purpose of receiving
technical input, technical information or expert testimony from persons with specific knowledge,
skills or expertise.
(b) The Board shall
provide public notice of the hearing in accordance with §B of this regulation.
(c) The Board shall identify and invite a person to testify at a
technical hearing to provide technical input, technical information or expert
testimony on an issue the Board wishes to explore.
(d) The Board may request that a person invited to testify
submit a written statement to the Board two business days before the scheduled
hearing.
(2) Conducting a
Technical Hearing.
(a) The Chair may:
(i) Ask questions of
any person present at the hearing;
(ii) Allow each Board member to ask questions of any person
present at the hearing; and
(iii) Refer questions to Board staff who may respond after the
hearing.
(b) Following a technical hearing, Board staff may provide the
Board with summaries of the information received and staff’s recommendations.
E. Recordings of Quasi-Legislative Hearings.
(1) At the Board’s discretion, the Board or court reporter
service may record the hearing.
(2) If a court reporter service records the hearing:
(a) The Board shall arrange for the court reporter service to
retain the recording for 1 year following the final decision or action; and
(b) A person who desires a copy of the transcript may purchase a
copy from the court reporter service.
(3) If Board staff records the hearing:
(a) The Board shall keep the recording with the original of the
record; and
(b) A person who desires a copy of the transcript may purchase a
copy from the Board for a reasonable cost in accordance with COMAR 14.01.03, if
a transcript has been prepared.
F. Hearing Record.
(1) The Chair or staff designee
controls the record.
(2) The Chair or staff designee shall
assemble a record that may include the following:
(a) Exhibits and documents entered into the record;
(b) Documents concerning the hearing such as a proposed
regulation, the purpose of the hearing and public notice of the hearing;
(c) Relevant supporting and opposing documentation obtained
before, during, and subsequent to the
hearing;
(d) The register of persons who
attended the hearing including name, address, and any affiliation relevant to
the hearing;
(e) In accordance with §E of this regulation,
any:
(i) Full or partial transcript of the
hearing made or purchased by the Board, and
(ii) A recording or stenographic notes
of the hearing made by the Board; and
(f) Board staff’s summaries of the information received and
staff’s recommendations, if any.
(3) The record of a policy action may include the hearing
records of multiple hearings, public written comments,
comments at Board meetings, Stakeholder Council input, any input, data, or
information received and considered by the Board and any final action or
decision.
14.01.05 Policy Review, Final Action, Upper Payment Limits
Authority: Health-General Article, §§21-2C-03(f)(1), 21-2C-09,
21-2C-13, 21-2C-14, Annotated Code of Maryland
.01 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Driver” means a factor that causes a particular phenomenon
to happen or develop.
(2) “Eligible governmental entity” means a unit of State or local
government, an organization on behalf of a unit of State or local government,
or the Maryland State Medical Assistance Program, as identified in
Health-General Article, §21-2C-14(a), Annotated Code of Maryland, that pays for
or purchases prescription drug products.
(3) “Eligible governmental entities upper payment limit” or “GovUPL” means upper payment limit established by the Board
minus applicable patient out-of-pocket costs.
(4) “FDA prescription drug shortage list” means the U.S. Food
and Drug Administration’s Drug Shortage Database.
(5) “Medicaid Best Price” has the meaning stated in 42 CFR
§447.505.
(6) “Medicare Maximum Fair Price” has the meaning stated in 42
USC §1320f(c)(3).
(7) “System net ingredient cost” means the final system cost
attributable to or related to the prescription drug product after accounting
for all discounts and price concessions, excluding dispensing, administration
and direct and indirect remuneration to pharmacies, including patient
out-of-pocket costs.
(8) “Upper payment limit” or “UPL” means the amount established
by the Board and represents the system net ingredient cost.
C. For the purpose of this chapter,
“affordability challenge” refers to either (a) high out-of-pocket costs for
patients or (b) an affordability challenge for the State health care system.
.02 Criteria for Setting an Upper Payment Limit.
A. When determining whether to set an upper payment limit and
when setting an upper payment limit amount, the Board shall apply the criteria
set forth in this Regulation.
B. The Board shall:
(1) Consider the cost of administering the drug and delivering
the drug to consumers, as well as other relevant administrative costs;
(2) Determine whether an upper payment limit is an appropriate
tool to address the drivers of the affordability challenge identified for the
prescription drug product;
(3) Set an upper payment limit in a way to minimize adverse
outcomes and minimize the risk of unintended consequences; and
(4) Prioritize drugs that have a high proportion of
out-of-pocket costs compared to the system net cost of the drug.
C. The Board shall not set an upper payment limit if:
(1) Spending on the prescription drug product by the eligible
governmental entities is less than the administrative cost to implement an
upper payment limit; or
(2) The prescription drug product is a generic
and there are nine (9) or more marketed therapeutic equivalents for the
product.
D. The Board shall not set an upper payment limit at an amount
that:
(1) Impacts statutory or regulatory amounts, such as Medicaid
Best Price; or
(2) Is lower than the Medicare Maximum Fair Price.
.03 Policy Review and Final Action Process Overview.
A. If the Board makes a preliminary determination that use of
the prescription drug product has led or will lead to an affordability
challenge, the Board shall commence the policy review process.
B. The purpose of the policy review
process is to:
(1) Based on the best
available information, confirm the drivers and market conditions causing the
affordability challenge phenomena; and
(2) Identify the
policies that may address those drivers and redress the affordability
challenges.
C. The policy review process includes:
(1) Information gathering:
(a) Informational hearings;
(b) Stakeholder Council input;
(c) Expert testimony hearings;
(d) Board staff research and analysis; and
(e) Eligible governmental entities’ information;
(2) Preliminary policy recommendations:
(a) Policy actions other than UPLs;
and
(b) Policy action in
the form of a UPL and the process for setting upper payment limits;
and
(3) Final actions:
(a) Adoption of the final cost review report;
(b) Adoption of non-UPL policy recommendations; and
(c) Adoption of proposed regulations setting a UPL amount.
.04 Policy Review—Information Gathering.
A. In studying the drivers, market conditions and policy
options, the Board and staff may consider the information collected through the
cost review study process pursuant to Health-General Article, § 21-2C-09,
Annotated Code of Maryland and COMAR 14.01.04.05, including all information,
analyses, and public input collected and considered during the selection of
drug for the cost review study and the cost review study process.
B. If additional information is needed, the Board and staff may
gather additional information through the tools outlined in §D of this
Regulation.
C. If additional information is needed, the Board may utilize
the information-gathering tools outlined in §D of this Regulation at any point
in the policy review process, including the consideration and setting of a UPL.
D. Information Gathering Tools.
(1) Public Informational Hearings.
(a) The Board may, through Board staff, convene a hearing to
receive input, information, and opinions from the public and stakeholders to
inform the consideration and development of policy options including upper
payment limits to redress an affordability challenge.
(b) The public informational hearing
shall be conducted in accordance with COMAR 14.01.01.06.
(2) Stakeholder Council Input.
(a) The Board may request input from the Stakeholder Council.
This input can be a request for general input and ideas on policies or more
specific requests for specific information.
(b) Board staff may provide the Board with summaries of input
from the Stakeholder Council.
(b) The technical hearing shall be conducted in accordance with
COMAR 14.01.01.06.
(4) Board Staff Research and Analysis.
(a) Board staff may provide the Board with policy research and
analyses related to the drivers of the potential
affordability and potential options.
(b) Research may include a literature review of available
literature and original quantitative or qualitative research conducted by
staff.
(5) Eligible Governmental Entities’
Information.
(a) Board staff may collect information concerning the prescription drug product and therapeutic alternatives from
eligible governmental entities.
(b) The information collected may include utilization, spending,
costs, benefit design, formulary placement, rebates, discounts, price
concessions and other relevant information.
.05 Policy Review—Preliminary Policy
Recommendations.
A. When developing preliminary policy recommendations for the
Board, Board staff may use information gathered or obtained through the:
(1) Cost review study process under COMAR 14.01.04; and
(2) Information gathering process under Regulation .04 of this chapter.
B. Policy Action Other than UPL.
(1) Board staff may
recommend policy options to redress the affordability challenge.
(2) When recommending policy options, Board staff may analyze
the:
(a) Drivers of the affordability challenge;
(b) How the policy addresses a driver;
(c) Strengths and weaknesses of the policy;
(d) Possible implementation of the policy; and
(e) Potential impacts of the policy.
(2) The Board may:
(a) Adopt none of the non-UPL policy recommendations;
(b) Adopt one or more policy recommendations; or
(c) Adopt and modify one or more policy
recommendations.
(3) The Board may adopt a final policy recommendation only after
the Board has:
(a) Made a final affordability challenge determination; and
(b) Adopted the final cost review study report under COMAR
14.01.04.05G.
C. Policy Action in the Form of an Upper
Payment Limit.
(1) Board staff may recommend a UPL as
a policy option to redress an affordability challenge.
(2) When recommending a UPL as a policy
option, Board staff may analyze the:
(a) The drivers and market conditions causing the affordability
challenge phenomena;
(b) Ability of a UPL to address these issues;
(c) Relevant regulatory criteria under Regulation .02 of this chapter;
and
(d) Use of the drug by eligible governmental entities.
(3) Board staff may provide recommendations related to
establishing a UPL including:
(a) An assessment of the drivers of the affordability challenge;
and
(b) The extent to which a UPL may address the drivers.
(4) The Board may pursue development of a UPL as a policy option
and direct Board staff to provide recommendations concerning the methodologies
and contextual information that may be used to set a UPL in accordance with the
UPL process set forth in Regulation .06 of this chapter.
(5) The public may provide oral and written comments concerning
any agenda item of the Board or any decision pending before the Board in
accordance with the procedures and timelines in COMAR 14.01.01.05A and B(2).
.06 Policy Review—Process for Establishing a UPL.
A. Staff Recommends Methodologies and
Contextual Information.
(1) Board staff shall recommend at least one methodology,
identified in §B of this regulation, for use in
developing a UPL for the subject prescription drug product.
(2) Board staff may recommend certain contextual information
identified in §C of this regulation for use in developing a UPL for the subject
prescription drug product.
(3) Board staff shall:
(a) Post staff’s recommendations on the Board’s website in
advance of the Board meeting; and
(b) Request public comment.
(4) The public may submit written comments by the date specified
in the posting in accordance with COMAR 14.01.01.05B(4).
(5) Board staff shall present the recommendations to the Board.
(1) Cost Effectiveness Analysis.
(a) Under this methodology, a maximum UPL value may be set by:
(i) Using a cost-effectiveness
analysis to model how much additional health outcome is gained per dollar of
additional spending when using a drug product compared to an alternative;
(ii) Comparing this number to a threshold to determine if a
product is “cost-effective”; and
(iii) Then, if the product is not already cost-effective, given
the specified threshold in (ii) and the model in (i),
calculating the maximum UPL for which it would be “cost-effective.”
(b) When providing a UPL amount developed using this
methodology, Board staff shall identify the health outcome, threshold, and
relevant underlying assumptions used in the analysis.
(2) Therapeutic Class Reference Upper Payment Limit.
(a) Under this methodology, a UPL value may be set using the
lowest net price or net cost among competitor products in the same therapeutic
class.
(b) The Board may limit the prescription drug products used for
analysis to a subset of drugs in the same therapeutic class.
(c) When determining whether to
use a product in the same therapeutic class as a reference product, the Board
may consider:
(i) A difference in indication
including a difference in the patient population and disease severity; and
(ii) Comparative effectiveness research.
(3) Launch Price-Based Upper Payment Limit.
(a) Under this methodology, a UPL value may be set based on the
initial price at which the drug was first marketed (launch price) adjusted for
inflation.
(b) The Board shall adjust the launch price using the
CPI-U.
(4) Same Molecule Reference Upper Payment Limit.
(a) Under the same molecule reference UPL methodology, a UPL
value may be set by comparing prices of certain reference drugs:
(i) A generic drug product that is
therapeutically equivalent to the product under the review;
(ii) An authorized generic of the product under review;
(iii) A drug product licensed under a BLA that has the same
active ingredient and is approved for one or more of the same or similar
indications as the product under review;
(iv) A biosimilar for the product under review;
(v) The reference product for the product under review; and
(vi) A drug product approved under an NDA or ANDA that has the
same active ingredient and is approved for one or more of the same or similar
indications as the product under review.
(b) When using this methodology Board staff may consider:
(i) Any differences between the
product under review and the same molecule reference products; and
(ii) The utilization of the same molecule reference products.
(5) Domestic Reference Upper Payment Limit.
(a) Under the domestic reference UPL methodology, a UPL value may be set using the estimated net cost of
a prescription drug product to other purchasers and payors for the same
prescription drug product within the United States or the net price received by
the manufacturer.
(b) Under this methodology, the UPL may be set using the cost of
the lowest estimated net-cost purchaser or payor, excluding Medicaid.
(c) The Board may consider information for all other payors,
including information on the Medicare Maximum Fair Price.
(6) International Reference Upper Payment Limit.
(a) Under the international reference UPL methodology, a UPL
value may be set by comparing drug prices in other countries.
(b) Under this methodology, the Board may consider the lowest
price received by manufacturers for sales in the United Kingdom, Germany,
France, and Canada, converted to U.S. dollars.
(7) Budget Impact-Based Upper Payment Limits.
(a) Under the budget impact-based UPL methodology, a UPL value
may be set so that spending on the drug does not exceed a certain percentage of
a budget as specified by the Board or have a disproportionate impact on that
budget.
(b) The Board may
consider current spending, projected spending, and potential offsets in
developing a UPL value.
(c) When setting the percentage, the Board may consider the
number of patients impacted, the disease burden, the current and projected
future spending on other treatments and management of the disease.
(8) Blend of Multiple Methodologies.
(a) Under this methodology, Board staff may recommend potential
UPL values derived from:
(i)
A blend of methodologies; and
(ii) A variation in implementing a methodology.
(b) When providing a blended UPL amount developed using this
methodology, Board staff shall identify how the potential blended UPL value was
generated.
C. Contextual Information
for the Prescription Drug Product:
(1) Information gathered during the cost review study process or
the policy review process;
(2) Net costs for:
(a) State health plan;
(b) County, bicounty, and municipal
health plans;
(c) Direct government purchases; and
(d) Medicaid;
(3) Total out-of-pocket costs in:
(a) State health plan;
(b) County, bicounty, and municipal
health plans; and
(c) Medicaid;
(4) Current coverage status of the drug in:
(a) State health plan;
(b) County, bicounty, and municipal
health plans; and
(c) Medicaid;
(5) Utilization in the following program by patients and
prescriptions:
(b) County, bicounty, and municipal health plans; and
(c) Medicaid;
(6) Amount of direct government purchases by units and patients
served;
(7) For the Maryland State Medical Assistance Program:
(a) Number of prescriptions paid;
(b) Number of patients who received the prescription drug
product; and
(c) Total amount paid for the prescription drug product;
(10) Budget impact analysis;
(11) Comparisons of health system costs to research and
development costs;
(12) Life cycle revenue analysis; and
(13) Information that can be derived from the aggregation,
calculation, and comparison of available information.
(1) The Board may:
(a) Select one or more of the
methodologies and contextual information identified in §§B and C of this regulation;
(b) Identify another methodology;
(c) Prioritize the selected and identified methodologies and
contextual information; and
(d) Direct staff to use the selected and identified
methodologies and contextual information to perform analyses and calculations
to obtain UPL values.
(2) Based on guidance from the Board and the regulatory criteria
under Regulation .02 of this chapter, Board staff shall perform calculations
and analyses to develop a collection of potential UPL values.
(3) These calculations and analyses may include appropriate
adjustments to ensure that the UPL value:
(a) Reflects all discounts, rebates and price concessions;
(b) Excludes dispensing and administration fees and direct and
indirect renumeration to pharmacies; and
(c) Includes patient out-of-pocket costs other than costs
attributable to dispensing fees under (3)(b).
(4) Board staff shall
post a public version of:
(a) The UPL values developed through analysis;
(b) Staff’s recommendation for a proposed UPL amount with a
description of the calculation and analyses and relevant underlying assumptions
used in the analysis such as health outcome or threshold; and
(c) A request for public written
comment on the Board’s website.
(5) Board staff may also
request public written comment addressing specific
questions or proposing alternative analyses.
(6) The public may submit
written comments by the date specified in the posting in accordance with COMAR
14.01.01.05B(4).
(1) The Board may convene a hearing for the purpose of receiving
technical input, technical information or expert testimony.
(2) The technical hearing shall be conducted in accordance with
COMAR 14.01.01.06.
F. Amendment of Recommendations and UPL Values.
(1) Board staff may modify or amend the public version of the
developed UPL values, and staff’s recommendations for a proposed UPL amount.
(2) If Board staff modifies or amends the developed UPL values
and staff’s recommendations, staff shall post the amendments to the Board’s website, and request public written comment by a specified
date.
(3) The public may submit written comments by the date specified
in the posting in accordance with COMAR 14.01.01.05B(4).
.07 Policy Review—Final Policy Action.
A. Final Determination Concerning
Affordability Challenge.
(1) Prior to taking an action with
respect to policy, the Board shall:
(a) Make a final
determination of whether the prescription drug has or will create an
affordability challenge; and
(b) Adopt as final a
cost review study report under COMAR 14.01.04.05G.
(2) The Board’s determination of whether a prescription drug has
or will create an affordability challenge is not final until the final cost
review study report is adopted by the Board.
B. Final Policy Action: Policy
Recommendations and Proposed Regulations.
(1) If the Board makes a final determination
that the prescription drug has or will create an affordability challenge, the
Board may adopt:
(a) Non-UPL policy
recommendations in accordance with Regulation .05 of this chapter;
(b) Proposed
regulations setting the UPL at the specified amount in accordance with
Regulation .08 of this chapter; or
(c) Both.
(2) The public may
provide oral and written comments concerning any agenda item of the Board or
any decision pending before the Board in accordance with the procedures and
timelines in COMAR 14.01.01.05A and B(2).
(3) Where applicable,
the adoption of the final cost review study report, non-UPL policy
recommendations, and proposed regulations setting a UPL amount:
(a) Shall be performed
sequentially; and
(b) May be taken at the
same Board meeting.
.08 Establishing and Monitoring a UPL.
A. Adopting a Proposed Regulation Setting a UPL.
(1) The proposed regulation shall set a specified UPL amount for
specified eligible governmental entities.
(2) The Board and staff shall work with eligible governmental
entities to develop the best method for implementing the UPL for the entity and
a prospective effective date that provides sufficient time for implementation.
(3) The per unit final net cost paid by the eligible
governmental entity shall not exceed the GovUPL.
(4) The Board shall provide for the automatic suspension of the
UPL for the time that the prescription drug product is on the federal Food and
Drug Administration prescription drug shortage list by regulation.
(1) The Board shall develop a program for monitoring the
availability of any prescription drug product for which it sets a UPL.
(2) If monitoring discloses a shortage of the
prescription drug product in the State, the Board may suspend or modify
the UPL.
.09 Reconsideration.
A. Authority to Reconsider UPL.
(1) The Board may reconsider a UPL for any reason.
(2) If the Board becomes aware of a shortage of a prescription
drug product in the State, for a drug that is subject to a UPL, the Board shall
reconsider the UPL.
(3) The Board may suspend a UPL at any time and may suspend the
UPL for the duration of the reconsideration process by proposing an amended
regulation.
(4) Following completion of the reconsideration process the
Board may:
(a) Take no action and allow the UPL to stand;
(b) Modify the UPL amount and propose amendment of the UPL
regulation setting the new modified UPL amount;
(c) Suspend the UPL for a specified period and propose amendment
of the regulation to proscribe the suspension; and
(d) Repeal the UPL and propose repealing the regulation setting
the UPL amount.
B. Reconsideration Process.
(1) General Procedures.
(a) Board staff shall post notice of the reconsideration of the
UPL on the Board’s website.
(b) The Board may solicit patient and stakeholder feedback
through written comments submitted in accordance with COMAR 14.01.01.05B(4) and
informational hearings held under COMAR 14.01.01.06C.
(c) The Board may use the information gathering process under
Regulation .04 of this chapter to obtain information for the reconsideration
process.
(d) Board staff shall present to the Board:
(i) The basis for reconsideration;
(ii) A summary of the feedback obtained through written
comments, informational hearings and the information gathering process, as
applicable;
(iii) A summary of the information generated through the UPL
monitoring program, as applicable;
(iv) Estimated impact of the UPL to date such as savings
estimates, and estimated impact on access to the drug; and
(v) Staff recommendations for Board action.
(e) The Board may take any action specified under §A(4) of this
regulation.
(2) Modifying a UPL.
(a) If Board staff recommends further study to support
modification of the UPL, the Board shall use the procedures in Regulations
.06D-F and .07B(1)(b) of this chapter to develop a new UPL amount and receive
public comment.
(b) The Board may modify the UPL amount and propose amendment of
the UPL regulation setting the modified UPL amount under § A(4)(b)
of this Regulation.
C. Action on Drug where UPL was Repealed.
(1) For any prescription drug product previously subject to a
UPL that was later repealed, the Board may:
(a) Select the prescription drug product for cost review study
if the drug product meets the eligibility requirements set forth in COMAR
14.01.04.02;
(b) Conduct a cost review study in accordance with COMAR
14.01.04.05; and
(c) Make a preliminary determination in accordance with COMAR
14.01.04.05.
(2) If the Board makes a preliminary determination that the
prescription drug product has or will create an affordability challenge the
Board may:
(a) Consider any element or analysis from the original cost
review study report;
(b) If available, consider information from the UPL monitoring
program;
(c) Consider information obtained through the reconsideration
process under of this regulation; and
(d) Set a UPL or make other policy recommendations in accordance
with Regulations .07-.08 of this chapter.
ANDREW YORK
Executive Director
Title 33
STATE BOARD OF ELECTIONS
Subtitle 07 ELECTION DAY ACTIVITIES
Authority: Election Law Article, §§2-102(b)(4) and 2-202(b), Annotated Code of Maryland
Notice of Proposed Action
[24-217-P]
The State Board of Elections proposes to amend Regulation .02
under COMAR 33.07.04 Order and Decorum. This action was considered by
the State Board of Elections at its October 24, 2024
meeting.
Statement of Purpose
The purpose of this action is to permit limited use of cell phones in the polling place.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Mary Ann Mogavero, Director of Election Reform, State Board of Elections, 151 West Street, Suite 200, or call 443-833-2825, or email to dl_regcomments_SBE@maryland.gov. Comments will be accepted through February 10, 2025. A public hearing has not been scheduled.
.02 Cell Phones,
Pagers, Cameras, etc.
A. (text unchanged)
B. Exceptions. This
regulation does not apply to:
(1)—(2)
(text unchanged)
(3) Cellular
telephones or other electronic devices used by a voter [to
provide lawful proof of residency or identification as required by this title]:
(a) To provide
lawful proof of residency or identification as required by this title;
(b) To review
electoral information to assist in marking the voter’s own ballot prior to
casting; or
(c) To record a
digital image of the voter’s own marked ballot prior to casting for personal
use if it records only the ballot and may not be used in violation of Election
Law Article §16-206, Annotated Code of Maryland.
JARED DEMARINIS
State Administrator
33.08.01 Definitions; General Provisions
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 11-201, 11-301, and 11-302 Annotated Code of Maryland
Notice of Proposed Action
[24-218-P]
The State Board of Elections proposes to amend Regulation .02
under COMAR 33.08.01 Definitions; General Provisions. This action was considered by the State Board
of Elections at its October 24, 2024 meeting
Statement of Purpose
The purpose of this action is to formalize a process for local boards to request a waiver from early canvass of ballots.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Mary Ann Mogavero, Director of Election Reform, State Board of Elections, 151 West Street, Suite 200, or call 443-833-2825, or email to dl_regcomments_SBE@maryland.gov. Comments will be accepted through February 10, 2025. A public hearing has not been scheduled.
.02 Board Responsibilities.
A. In General.
(1)—(2) (text unchanged)
(3) The local board is responsible for requesting a waiver from
early canvassing of mail-in ballots, as required by Election Law §11-302(b)(1),
Annotated Code of Maryland.
(a) The waiver request
shall:
(i) Be in writing to the State
Administrator;
(ii) Be Submitted no later than 17 days prior to the first day
of canvass required by Election Law §11-302-(b)(1), Annotated Code of Maryland;
and
(iii) Include facts sufficient to establish that the basis for
the request is not necessary due to the low number of
absentee ballots received by the local board or not practicable due to limited
resources or other constraints on the local board.
(b) The State
Administrator shall:
(i) Upon receipt of a request for a waiver, the State
Administrator shall review the request and determine whether it is sufficient.
(ii) Within
5 business days of receiving the request for a waiver, the State Administrator
shall notify the local board of the State Administrator’s decision.
[(3)](4) (text unchanged)
B. (text unchanged)
JARED DEMARINIS
State Administrator
Subtitle 08 CANVASSING
33.08.05 Post-Election Verification and Audit
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-403, 11-201, and 11-309(f), Annotated Code of Maryland
Notice of Proposed Action
[24-219-P]
The State Board of Elections proposes to amend Regulation .05
under COMAR 33.08.05 Post-Election Verification and Audit. This action was considered by the State Board
of Elections at its October 24, 2024 meeting
Statement of Purpose
The purpose of this action is to remove reference to touchscreen voting units, which no longer are used by the State
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Mary Ann Mogavero, Director of Election Reform, State Board of Elections, 151 West Street, Suite 200, or call 443-833-2825, or email to dl_regcomments_SBE@maryland.gov. Comments will be accepted through February 10, 2025. A public hearing has not been scheduled.
.05 Post-Election Verification.
[A. Touchscreen Voting Unit. For each precinct selected under Regulation .04 using a touchscreen voting unit, the election director shall:
(1) Obtain the totals tapes from each touchscreen voting unit deployed to the precinct;
(2) Aggregate for each precinct the results reported on the totals tapes; and
(3) Compare those aggregated precinct results against the results for that precinct as reported by the Election Management System.]
[B.] A. (text unchanged)
[C.] B. (text unchanged)
JARED DEMARINIS
State Administrator
Subtitle 21 SPECIAL ELECTIONS BY MAIL
Authority: Election Law Article, §§2-102, 9-501, 9-502, 9-506, and 11-302, Annotated Code of Maryland
Notice of Proposed Action
[24-220-P]
The State Board of
Elections proposes to amend Regulation .02 under COMAR 33.21.07
Canvassing. This action was considered by the State Board of Elections at
its October 24, 2024 meeting
Statement of Purpose
The purpose of this action is to align the special election canvass regulations with the canvass regulations for statewide elections
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Mary Ann Mogavero, Director of Election Reform, State Board of Elections, 151 West Street, Suite 200, or call 443-833-2825, or email to dl_regcomments_SBE@maryland.gov. Comments will be accepted through February 10, 2025. A public hearing has not been scheduled.
.02 Ballot Rejection.
A. In General. The ballot rejection reasons specified in COMAR 33.11.05.03—.07 apply to canvassing vote-by-mail ballots.
B. Ballot Rejection — Multiple Ballots from the Same Individual.
(1) With the exception of B(2),the local board shall follow
procedures specified in COMAR 33.11.05 and 33.16.06 to canvassing of
provisional and absentee ballots, when determining whether to reject a ballot.
[(2) If the local board
receives more than one vote-by-mail ballot from the same individual in
different envelopes, the local board shall count only the ballot with the later
date.]
[(1)](2) The local board shall
reject a vote-by-mail ballot if the voter cast a ballot in a voting
center.
JARED DEMARINIS
State Administrator
DEPARTMENT OF GENERAL SERVICES
The POWER Act (Ch. 95, Acts of 2023) requires the Department of General Services (DGS) to issue a competitive sealed procurement solicitation to potentially enter a Power Purchase Agreement to procure offshore wind energy.
The statutory section created by the POWER Act, Public Utilities Article, § 7-704.4, Annotated Code of Maryland, was amended during the 2024 session of the General Assembly (Ch. 431, Acts of 2024). The amendment requires DGS to issue a draft solicitation for procurement of offshore wind energy for public comment and review.
This notice serves as the announcement for the draft solicitation. A link to the draft solicitation and additional documents available for public comment are located here: https://dgs.maryland.gov/Pages/Energy/Renewable.aspx
Comments shall be accepted from January 10, 2025 through February 10, 2025 and may be submitted to DGS.OSP-OffShoreWind@maryland.gov.
[25-01-08]
NOTICE OF PUBLIC REVIEW AND
COMMENT PERIOD
Total Maximum Daily Load (TMDL) for Temperature in the Gwynns Falls Watershed, Baltimore County, MD
The federal Clean Water Act
provides states the authority to clean up polluted waters and develop related
plans known as TMDLs. TMDLs calculate the amount of pollution a water body can
receive and still meet regulatory water quality standards. In accordance, the
Department of Environment is sharing for public review and comment, a Draft
Temperature TMDL for Gwynns Falls Watershed in
Baltimore County, MD. This TMDL establishes temperature load reductions in the Gwynns Falls Watershed in order to
achieve a water temperature that supports a naturally reproducing trout
population (68°F/20°C).
The Draft TMDL is posted on MDE’s website at:
https://mde.maryland.gov/programs/water/TMDL/DraftTMDLforPublicComment/Pages/index.aspx. Hard copies of the Draft TMDL may be
requested by calling Anna Kasko at 410-537-3857.
Please note that the Department charges a fee to cover printing and shipping
costs.
The 30-day public comment period for the TMDL will
open on January 10, 2025 and close on February 10,
2025. A public meeting will be held upon request. All comments received
during the comment period will be considered and the draft document may be
revised accordingly prior to its submittal to EPA for approval.
Written comments may be sent on or before February
10, 2025 to Anna Kasko via email at
anna.kasko@maryland.gov or via mail at the following address:
Watershed Protection, Restoration, and Planning
Program
Maryland Department of the Environment
1800 Washington Boulevard
Baltimore, MD 21230-1720
[25-01-05]
WATER AND SCIENCE
ADMINISTRATION
Water Quality
Certification 24-WQC-0020
Baltimore City,
Dept. of Recreation and Parks
3001 East Drive
Baltimore, MD
20716
MedStar Hospital
3001 S. Hanover St
Baltimore, MD
21221
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland
Department of the Environment is providing notice of its issuance of a Water
Quality Certification 24-WQC-0020
Location: 3001-3131 S. Hanover Street,
Baltimore City, MD 21217
Construct an 11.59-acre marsh at MedStar
Harbor Hospital within 420 feet channelward of the
mean high water line. The proposed marsh consists of
the following:
·
Construct approximately 2,000 linear feet of segmented
stone and gravel sill,
·
Fill and grade with 58,465 cubic yards of clean sand
fill including a carbon layer to contain existing legacy contaminants,
·
Establish 4.29 acres of low marsh vegetation and 4.68
acres of high marsh vegetation;
·
The proposed marsh includes various woody debris
features for both stability and habitat located within the marsh and at the
sill vents, open water and unplanted sand and cobble sections to facilitate
fish passage and inverted rootwads located channelward of the vent openings;
The WQC
and its attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of
Final Decision. This Water Quality Certification is a final agency decision.
Any person aggrieved by the Department’s decision to issue this WQC may appeal
such decision in accordance with COMAR
26.08.02.10F(4). A request for appeal shall be filed with the Department within
30 days of publication of the final decision and specify in writing the reason
why the final decision should be reconsidered. A request for appeal
shall be submitted to: Secretary of the Environment, Maryland Department of the
Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an
appeal does not stay the effectiveness of this WQC.
Contact: Matt Wallach at matthew.wallach@maryland.gov or 410-207-0893
[25-1-11]
SUSQUEHANNA RIVER BASIN COMMISSION
ACTION: Notice.
SUMMARY: The Susquehanna River Basin Commission will hold a public hearing on January 30, 2025. The Commission will hold this hearing in person and telephonically. At this public hearing, the Commission will hear testimony on the projects listed in the Supplementary Information section of this notice. The Commission will also hear testimony on a proposed general permit, GP-04 relating to Into Basin Diversions of Water and a proposed Dry Cooling Resolution to update the 2015 Dry Cooling Resolution previously adopted by the Commission. Such projects and actions are intended to be scheduled for Commission action at its next business meeting, tentatively scheduled for March 13, 2025, which will be noticed separately. The public should note that this public hearing will be the only opportunity to offer oral comments to the Commission for the listed projects and actions. The deadline for the submission of written comments is February 10, 2025.
DATES: The public hearing will convene on January 30, 2025, at 6:00 p.m. The public hearing will end at 9:00 p.m. or at the conclusion of public testimony, whichever is earlier. The deadline for submitting written comments is Monday, February 10, 2025.
ADDRESSES: This public hearing will be conducted in person and telephonically. You may attend in person at Susquehanna River Basin Commission, 4423 N. Front St., Harrisburg, Pennsylvania, or join by telephone at Toll-Free Number 1-877-304-9269 and then enter the guest passcode 2619070 followed by #.
FOR FURTHER INFORMATION CONTACT: Jason Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423 or joyler@srbc.gov.
Information concerning the project applications is available at the Commission’s Water Application and Approval Viewer at https://www.srbc.gov/waav. The Proposed General Permit and the Proposed Dry Cooling Resolution are available on the Commission’s website at https://www.srbc.gov/regulatory/public-participation/. Additional supporting documents are available to inspect and copy in accordance with the Commission’s Access to Records Policy at www.srbc.gov/regulatory/policies-guidance/docs/access-to-records-policy-2009-02.pdf.
SUPPLEMENTARY INFORMATION: In addition to the Proposed General Permit, GP-04 relating to the Into Basin Diversion of Water and the Proposed Dry Cooling Resolution, the public hearing will cover the following projects:
Projects Scheduled for Action:
1. Project Sponsor and Facility: Beavertown Municipal Authority, Beaver Township, Snyder County, Pa. Applications for renewal of groundwater withdrawals (30-day averages) of up to 0.199 mgd from Well 6 and 0.199 mgd from Well 7 (Docket No. 19930901).
2. Project Sponsor and Facility: Bedford Township Municipal Authority, Bedford County, Pa. Applications for renewal of groundwater withdrawals (30-day averages) of up to 0.324 mgd from Bowman Well 1 and 0.100 mgd from Bowman Well 2 (Docket No. 19990502). Service area is located in an Environmental Justice area.
3. Project Sponsor: BlueTriton Brands, Inc. Project Facility: Pine Grove Spring, Pine Grove Township, Schuylkill County, Pa. Applications for renewal of groundwater withdrawal of up to 0.288 mgd (30-day average) from Borehole PB-1, consumptive use of up to 0.288 mgd (30-day average), and an out-of-basin diversion of up to 0.288 mgd (30-day average) (Docket No. 20000202).
4. Project Sponsor: Borough of Ephrata. Project Facility: Ephrata Area Joint Authority, Ephrata Borough, Lancaster County, Pa. Application for renewal of groundwater withdrawal of up to 0.260 mgd (30-day average) from Well 2 (Docket No. 19940706). Service area is located in an Environmental Justice area.
5. Project Sponsor and Facility: College Township Water Authority, College Township, Centre County, Pa. Application for groundwater withdrawal of up to 1.405 mgd (30-day average) from Well OH-20.
6. Project Sponsor and Facility: Diversified Production LLC (Wilson Creek), Duncan Township, Tioga County, Pa. Application for renewal of surface water withdrawal of up to 0.720 mgd (peak day) (Docket No. 20200302).
7. Project Sponsor and Facility: DS Services of America, Inc., West Earl Township, Lancaster County, Pa. Application for renewal of consumptive use of up to 0.242 mgd (30-day average) (Docket No. 20000203). Located adjacent to an Environmental Justice area.
8. Project Sponsor and Facility: EQT ARO LLC (Lycoming Creek), Lewis Township, Lycoming County, Pa. Application for renewal of surface water withdrawal of up to 1.340 mgd (peak day) (Docket No. 20200301).
9. Project Sponsor: First Investors General, Inc. Project Facility: Cool Creek Golf Club, Hellam Township, York County, Pa. Application for renewal with modification for consumptive use of up to 0.190 mgd (30-day average) (Docket No. 20000602).
10. Project Sponsor and Facility: Fredericksburg Sewer and Water Authority, Bethel Township, Lebanon County, Pa. Applications for groundwater withdrawals (30-day averages) of up to 0.158 mgd from Well 7 and 0.144 mgd from Well 8.
11. Project Sponsor: H&K Group, Inc. Project Facility: Penn/MD Materials Quarry, Fulton Township, Lancaster County, Pa. Applications for consumptive use of up to 0.024 mgd (peak day) and groundwater withdrawals (30-day averages) of up to 1.980 mgd from the Pit Sump, 0.004 mgd from the Primary and Secondary Well, and 0.011 mgd from the Tertiary Well.
12. Project Sponsor: HP Hood LLC. Project Facility: Arkport NY Plant, Hornellsville Town, Steuben County, N.Y. Application for groundwater withdrawal of up to 0.600 mgd (30-day average) from Well 2.
13. Project Sponsor and Facility: Huntsinger Farms, Inc. (Deep Creek 3), Hegins Township, Schuylkill County, Pa. Application for surface water withdrawal of up to 0.504 mgd (peak day).
14. Project Sponsor and Facility: JKLM Energy, LLC (Tioga River), Tioga Township, Tioga County, Pa. Application for surface water withdrawal of up to 3.000 mgd (peak day).
15. Project Sponsor: McStern, L.L.C. Project Facility: Deer Valley Golf Course, South Hanover Township, Dauphin County, Pa. Application for renewal with modification for consumptive use of up to 0.217 mgd (30-day average) (Docket No. 20020618).
16. Project Sponsor and Facility: Meadia Heights Golf Club LLC (Conestoga River), West Lampeter Township, Lancaster County, Pa. Applications for renewal of surface water withdrawal of up to 0.249 mgd (peak day) and consumptive use of up to 0.249 mgd (30-day average) (Docket No. 20200910). Located in an Environmental Justice area.
17. Project Sponsor: Michael Foods, Inc. Project Facility: Papetti’s Hygrade Egg Products, Inc., d.b.a. Michael Foods Egg Products Company, Upper Mahantango Township, Schuylkill County, Pa. Applications for renewal of consumptive use of up to 0.225 mgd (peak day) and groundwater withdrawals (30-day averages) of up to 0.186 mgd from Well 1, 0.079 mgd from Well 2, and 0.350 mgd from Well 3 (Docket No. 19990903).
18. Project Sponsor and Facility: Repsol Oil & Gas USA, LLC (Sugar Creek), Troy Township, Bradford County, Pa. Application for surface water withdrawal of up to 0.750 mgd (peak day).
19. Project Sponsor: Susquehanna Nuclear, LLC. Project Facility: Susquehanna Steam Electric Station, Salem Township, Luzerne County, Pa. Applications for renewal of surface water withdrawal of up to 76.000 mgd (peak day) from the Susquehanna River, consumptive use of up to 53.000 mgd (peak day), and groundwater withdrawal of up to 0.125 (30-day average) from Well TW-2 (Docket No. 19950301).
20. Project Sponsor and Facility: SWN Production Company, LLC (Susquehanna River), Oakland Township, Susquehanna County, Pa. Application for renewal of surface water withdrawal of up to 3.000 mgd (peak day) (Docket No. 20200305).
21. Project Sponsor and Facility: SWN Production Company, LLC (Tunkhannock Creek), Lenox Township, Susquehanna County, Pa. Application for renewal of surface water withdrawal of up to 1.218 mgd (peak day) (Docket No. 20200306).
22. Project Sponsor: Valley CC LLC. Project Facility: Valley Country Club, Sugarloaf Township, Luzerne County, Pa. Applications for renewal of groundwater withdrawals (30-day averages) of up to 0.090 mgd from the Shop Well and 0.090 mgd from the Pumphouse Well (Docket No. 20090632).
23. Project Sponsor: Weaverland Valley Authority. Project Facility: Terre Hill Water System, East Earl Township, Lancaster County, Pa. Application for renewal of groundwater withdrawal of up to 0.098 mgd (30-day average) from Well 6 (Docket No. 19880405).
24. Project Sponsor and Facility: Westfield Borough, Tioga County, Pa. Application for groundwater withdrawal of up to 0.412 mgd (30-day average) from the Harvey Well.
Opportunity to Appear and Comment:
Interested parties may appear or call into the hearing to offer comments to the Commission on any business listed above required to be the subject of a public hearing. Given the nature of the meeting, the Commission strongly encourages those members of the public wishing to provide oral comments to pre-register with the Commission by e-mailing Jason Oyler at joyler@srbc.gov before the hearing date. The presiding officer reserves the right to limit oral statements in the interest of time and to control the course of the hearing otherwise. Access to the hearing via telephone will begin at 5:45 p.m. Guidelines for the public hearing are posted on the Commission’s website, www.srbc.gov, before the hearing for review. The presiding officer reserves the right to modify or supplement such guidelines at the hearing. Written comments on any business listed above required to be the subject of a public hearing may also be mailed to Mr. Jason Oyler, Secretary to the Commission, Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, Pa. 17110-1788, or submitted electronically through https://www.srbc.gov/meeting-comment/default.aspx?type=2&cat=7. Comments mailed or electronically submitted must be received by the Commission on or before Monday, February 10, 2025, to be considered.
Authority: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.
Dated: December 30, 2024.
JASON E. OYLER
General Counsel and Secretary to the Commission
[25-1-12]
Notice
of ADA Compliance
The State of Maryland is committed to
ensuring that individuals with disabilities are able to
fully participate in public meetings.
Anyone planning to attend a meeting announced
below who wishes to receive auxiliary aids, services, or accommodations is
invited to contact the agency representative at least 48 hours in advance, at
the telephone number listed in the notice or through Maryland Relay.
STATE COLLECTION AGENCY LICENSING BOARD
Date and Time: February 11, 2025, 2 p.m. — 3 p.m. Thereafter, the public meetings will take place the second Tuesday of every month, accessed via the Google Meet information below.
Place: Google
Meet joining info:
Video call link:
https://meet.google.com/ahz-mgnk-jsu
Or dial: ‪(US) +1
530-738-1353‬ PIN: ‪815 799 863‬#
More phone numbers can be found at:
https://tel.meet/ahz-mgnk-jsu?pin=1097700804795
Contact: Ayanna Daugherty 410-230-6019
[25-01-07]
MARYLAND HEALTH CARE COMMISSION
Date and Time: January 16, 2025, 1 — 4 p.m.
Place: 4160 Patterson Avenue, Baltimore, MD
Add'l. Info: Meeting will by hybrid. Please register to attend virtually at https://mhcc.maryland.gov
Contact: Valerie Wooding 410-764-3570
[25-01-01]
MARYLAND HEALTH CARE COMMISSION
Subject: Other
Notice of Receipt of a Letter of Intent and Review for Comprehensive Care
Facility Beds
Add'l.
Info: On December 20, 2024, the
Maryland Health Care Commission (MHCC or Commission) received a Letter of
Intent from:
Residences at Vantage Point (RVP) is located at
5400 Vantage Point Road, Columbia, MD, 21044 (Howard County).
RVP
is a CCRC that is licensed for 44 nursing home beds that are restricted to use
by its Continuing Care Retirement Community ( CCRC) residents. RVP seeks
approval to convert 13 of those nursing home beds to beds also available to the
public by using the 13 beds currently projected by MHCC to be needed in Howard
County. The currently licensed 44 beds are located in 30 rooms that are a
mixture of private and semiprivate rooms. The project would involve the
existing rooms, without new construction of additional space. All of the new,
publicly available beds would be located in either private or semiprivate
rooms.
Pursuant to COMAR 10.24.01.08A(3) the Commission hereby initiates a 30-day period in which additional Letters of Intent to apply for a Certificate of Need may be submitted to establish a Comprehensive Care Facility Beds in Central Maryland (Baltimore City and Baltimore, Harford, Howard and Anne Arundel Counties). Additional Letters of Intent should be submitted to the MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215 mhccconfilings@maryland.gov and are due by the close of business, February 10, 2025.Contact: Deanna Dunn 410-764-3276
[25-01-06]
MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION
Date and Time: January 23, 2025, 10 a.m. — 12 p.m.
Place: Montgomery Park Business Center, 1800 Washington Blvd. - Ste. 330, Baltimore, MD
Add'l. Info: Meeting will be in person and virtual. The link to view the meeting will be available on the day of the meeting on the website - https://www.mdgaming.com/commission-meeting-1-23-2025/
Contact: Kathy Lingo 410-230-8790
[25-01-04]
BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS
Date and Time: January 16, 2025, 10 a.m. — 12 p.m.
Place: Online via Google Chat — please visit the Board’s webpage at https://mde.maryland.gov/programs/Permits/EnvironmentalBoards/Pages/BWW.aspx for meeting details.
Add'l. Info: A portion of this meeting may be held in closed session.
Contact: J. Martin Fuhr 410-537-3588
[25-01-03]
Date and Time: January 15, 2025, 9 a.m. — 1 p.m.
Place: Maryland
Department of the Environment
1800 Washington Boulevard, Baltimore, MD
Aqua Conference Room
Add'l. Info: A portion of this meeting may be held in closed session.
Contact: Amanda R. Redmiles 410-537-4466
[25-01-02]