Maryland Register

Issue Date: April 4, 2025

Volume 52 • Issue 7 • Pages 313 — 346

IN THIS ISSUE

Regulatory Review and Evaluation

Regulations

Errata

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before March 17, 2025 5 p.m.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 March 17, 2025.

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 ..................................................................... 316

COMAR Research Aids

Table of Pending Proposals ........................................................... 317

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name Page

07 Department of Human Services ........................................ 321

08 Department of Natural Resources ..................................... 326

09 Maryland Department of Labor ................................. 321, 328

10 Maryland Department of Health ................................ 321, 333

11 Department of Transportation ............................................ 323

14 Independent Agencies ....................................................... 324

15 Maryland Department of Agriculture ................................ 325

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.

Regulatory Review and Evaluation

DEPARTMENT OF TRANSPORTATION

Notice of Availability of Evaluation Report 320

Final Action on Regulations

07 DEPARTMENT OF HUMAN SERVICES

SOCIAL SERVICES ADMINISTRATION PRIVATE CHILD PLACEMENT AGENCIES

License for Private Child Placement Agencies . 321

09 MARYLAND DEPARTMENT OF LABOR

DIVISION OF LABOR AND INDUSTRY

Amusement Attractions—Attraction Specific
Provisions . 321

10 MARYLAND DEPARTMENT OF HEALTH

PROCEDURES

Fees for Food Protection, Public Pools, Public Spas, Public Spray Grounds, and Youth Camp Programs 321

HOUSING

Certification for Youth Camps . 321

LABORATORIES

Medical Laboratories—Testing for Hereditary and Congenital Disorders in Newborn Infants 321

PREVENTATIVE MEDICINE

Newborn Screening . 321

MARYLAND HEALTH CARE COMMISSION

Health Information Exchanges: Privacy and Security of Protected Health Information 322

HEALTH SERVICES COST REVIEW COMMISSION

Uniform Accounting and Reporting System for Hospitals and Related Institutions 323

COMMUNITY-BASED BEHAVIORAL HEALTH PROGRAMS AND SERVICES

Civil Money Penalty . 323

11 MARYLAND DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION—LICENSING OF BUSINESSES AND OCCUPATIONS

Dealers and Salesmen . 323

14 INDEPENDENT AGENCIES

MARYLAND CANNABIS ADMINISTRATION

Definitions . 324

General Regulations . 324

Medical Cannabis Program .. 324

Application Process and Issuance of Licenses . 324

Standard Cannabis Licenses . 324

Micro Licenses . 324

Laboratory Registration and Operations . 324

Other Cannabis Businesses . 324

Cannabis Grower Operations . 324

Cannabis Processor Operations . 324

Cannabis Dispensary Operations . 324

Cannabis Products . 324

Complaints, Enforcement, Record Keeping, and Inspections of Cannabis Businesses 324

Cannabis Business Agents . 324

Cannabis Business Owners . 324

Finished Product Packaging . 324

Cannabis Research . 324

Hearing Procedures . 324

15 MARYLAND DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

Urban Agriculture Grant Program .. 325

Proposed Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

DEEP CREEK LAKE

Permits . 326

09 MARYLAND DEPARTMENT OF LABOR

COMMISSIONER OF FINANCIAL REGULATION

Mortgage Loan Originators . 328

MARYLAND BOARD OF ELECTRICIANS

Continuing Education . 328

BOARD FOR PROFESSIONAL LAND SURVEYORS

Minimum Standards of Practice . 329

WORKFORCE DEVELOPMENT AND ADULT LEARNING

Alternate Ways to Earn a High School Diploma . 330

10 MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Medical Day Care Services . 333

Targeted Case Management for People with Developmental Disabilities 333

BOARD OF EXAMINERS IN OPTOMETRY

Licensing of Optometrists . 334

Inactive Status and Reinstatement of Expired Licenses . 334

Fee Schedule . 334

Licensure Eligibility: Out-of-State Applicants . 334

Use of Diagnostic Pharmaceutical Agents . 334

Therapeutic Pharmaceutical Agents . 334

MARYLAND DEPARTMENT OF HEALTH

MARYLAND HEALTH CARE COMMISSION

Certificate of Need quality measures . 339

DEPARTMENT OF NATURAL RESOURCES

FISHING AND BOATING SERVICES

Public Notice: 2024-2025 Commercial Yellow Perch – Closure of Upper Bay – Effective 3/13/2025 339

FISHING AND BOATING SERVICES

Public Notice: 2024-2025 Commercial Yellow Perch - Closure of Chester River - Effective 3/8/2025 340

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Actions Taken at the March 13, 2025 Meeting . 340

SUSQUEHANNA RIVER BASIN COMMISSION .. 341

Projects Approved for Consumptive Uses of Water 341

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 24-WQC-0038 . 343

Water Quality Certification 24-WQC-0040 . 344

Water Quality Certification 24-WQC-0046 . 344

STATE COLLECTION AGENCY LICENSING BOARD

Public Meeting . 345

COMMISSION ON STATE DEBT

Public Meeting (virtual only) 345

MARYLAND DEPARTMENT OF HEALTH

Public Meeting . 345

Virtual meeting . 345

MARYLAND HEALTH CARE COMMISSION

Formal Start of Review .. 345

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Public Meeting . 345

DEPARTMENT OF VETERANS AFFAIRS/

Public Meeting . 345

COMAR Online

The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR.

The Maryland Register is also available at www.dsd.state.md.us.

For additional information, visit www.dsd.maryland.gov, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

Availability of Monthly List of
Maryland Documents

The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

CLOSING DATES AND ISSUE DATES THROUGH
December 2025^†

Issue Date	Emergency and Proposed Regulations 5 p.m.*	Notices, etc. 10:30 a.m.	Final Regulations 10:30 a.m.
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.

02 OFFICE OF THE ATTORNEY GENERAL

02.06.04 .01—.06 • 52:6 Md. R. 270 (3-21-25)

07 DEPARTMENT OF HUMAN SERVICES

07.02.25.01—.24 • 51:19 Md. R. 861 (9-20-24)

08 DEPARTMENT OF NATURAL RESOURCES

08.02.22.02 • 51:10 Md. R. 534 (5-17-24)

08.08.05.03 • 52:7 Md. R. 326 (4-4-2025)

09 MARYLAND DEPARTMENT OF LABOR

09.03.06.02,.04 • 52:1 Md. R. 27 (1-10-25)

09.03.06.02,.04 • 52:2 Md. R. 79 (1-24-25) (corr)

09.03.06.02,.06,.16 • 51:14 Md. R. 685 (7-12-24)

09.03.09.06 • 52:7 Md. R. 328 (4-4-2025)

09.08.01.04, .19 • 52:6 Md. R. 271 (3-21-25)

09.08.03.02, .03 • 52:6 Md. R. 271 (3-21-25)

09.08.06.02 • 52:6 Md. R. 271 (3-21-25)

09.09.02.02 • 52:7 Md. R. 328 (4-4-2025)

09.11.09.02 • 51:15 Md. R. 713 (7-26-24)

09.13.06.07, .09, .12 • 52:7 Md. R. 329 (4-4-2025)

09.22.01.04, .15 • 52:6 Md. R. 273 (3-21-25)

09.22.02.03, .05 • 52:6 Md. R. 273 (3-21-25)

09.30.01.01—.10 • 51:24 Md. R. 1084 (12-2-24)

09.36.07.01—.13 • 52:6 Md. R. 274 (3-21-25)

09.37.01.01—.19 • 52:7 Md. R. 330 (4-4-2025)

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)

10.07.14.01—.65 • 52:2 Md. R. 82 (1-24-25)

Subtitle 09 (2nd volume)

10.09.02 .07 • 52:5 Md. R. 241 (3-7-25) (ibr)

10.09.07.08 • 52:7 Md. R. 333 (4-4-2025)

10.09.11.11 • 52:3 Md. R. 162 (2-7-25)

10.09.12.01,.04—.06 • 52:3 Md. R. 164 (2-7-25)

10.09.16.07 • 52:6 Md. R. 277 (3-21-25)

10.09.24.02,.07,.12 • 52:3 Md. R. 162 (2-7-25)

10.09.24 .03-1 • 52:5 Md. R. 242 (3-7-25)

10.09.35.08 • 52:6 Md. R. 278 (3-21-25)

10.09.36.01, .03, .04, .08 • 52:6 Md. R. 279 (3-21-25)

10.09.37 .03 • 52:5 Md. R. 242 (3-7-25)

10.09.43.10,.13 • 52:3 Md. R. 164 (2-7-25)

10.09.44 .01, .03—.09, .11, .12, .15, .16, .18,.20—.24 • 52:6 Md. R. 279 (3-21-25)

10.09.48.08 • 52:7 Md. R. 333 (4-4-2025)

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)

10.09.59.01,.04—.07,.09 • 51:26 Md. R. 1194 (12-27-24)

10.09.66. 01—.11• 52:3 Md. R. 166 (2-07-25)

10.09.76 .04,.05 • 52:5 Md. R. 243 (3-7-25)

10.09.92.04,.05 • 51:1 Md. R. 38 (1-12-24)

Subtitles 10—22 (3rd volume)

10.15.03.27 • 51:25 Md. R. 1151 (12-13-24)

Subtitles 23—36 (4th volume)

10.25.07.02,.09—.12 • 51:24 Md. R. 1086 (12-2-24)

10.27.01 .02 • 52:5 Md. R. 244 (3-7-25)

10.28.02.02, .03, .05 • 52:6 Md. R. 286 (3-21-25)

10.28.03.03—.08 • 52:7 Md. R. 334 (4-4-2025)

10.28.05.03 • 52:7 Md. R. 334 (4-4-2025)

10.28.07.02 • 52:7 Md. R. 334 (4-4-2025)

10.28.08.01—.04 • 52:7 Md. R. 334 (4-4-2025)

10.28.11.04 • 52:7 Md. R. 334 (4-4-2025)

10.28.12.02 • 52:7 Md. R. 334 (4-4-2025)

Subtitles 37—52 (5th volume)

10.37.01.03 • 51:17 Md. R. 779 (8-23-24)

10.42.01.02, .04, .11• 52:5 Md. R. 245 (3-7-25)

10.42.06.02, .05 • 52:3 Md. R. 168 (2-7-25)

Subtitles 53—68 (6th volume)

10.67.01.01 • 52:3 Md. R. 166 (2-7-25)

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)

10.67.06.13 • 52:3 Md. R. 166 (2-7-25)

10.67.06.27 • 51:26 Md. R. 1202 (12-27-24)

10.67.10.02 • 51:26 Md. R. 1202 (12-27-24)

11 DEPARTMENT OF TRANSPORTATION

Subtitles 11—23 (MVA)

11.13.13.01—.03 • 52:2 Md. R. 126 (1-24-25)(err)

11.15.40.01, .03, .04,.05 • 52:6 Md. R. 287 (3-21-25)

13A STATE BOARD OF EDUCATION

13A.15.01.02 • 51:25 Md. R. 1154 (12-13-24)

13A.15.04.03 • 51:25 Md. R. 1154 (12-13-24)

13A.15.13.09 • 51:25 Md. R. 1154 (12-13-24)

14 INDEPENDENT AGENCIES

14.01.01, .01,.06 • 52:1 Md. R. 33 (1-10-25)

14.01.04.05 • 51:25 Md. R. 1140 (12-13-24)

14.01.05.01—.09 • 52:1 Md. R. 33 (1-10-25)

14.17.06.03,.04,.11 • 52:2 Md. R. 122 (1-24-25)

14.17.07.09 • 52:2 Md. R. 122 (1-24-25)

14.17.10.09 • 52:2 Md. R. 122 (1-24-25)

14.17.11.19 • 52:2 Md. R. 122 (1-24-25)

14.17.12.06 • 52:2 Md. R. 122 (1-24-25)

14.17.17.01—.06 • 52:2 Md. R. 122 (1-24-25)

14.17.21.02 • 52:2 Md. R. 122 (1-24-25)

14.22.01.05 • 52:6 Md. R. 288 (3-21-25)

14.22.02.02 • 52:6 Md. R. 288 (3-21-25)

14.35.18.03,.04 • 51:17 Md. R. 789 (8-23-24)

14.39.02.12 • 51:23 Md. R. 1046 (11-15-24)

20 PUBLIC SERVICE COMMISSION

20.31.01.02 • 52:6 Md. R. 290 (3-21-25)

20.31.03.04 • 52:6 Md. R. 290 (3-21-25)

20.53.07 .07,.15 • 52:5 Md. R. 246 (3-7-25)

20.59.07 .07 • 52:5 Md. R. 247 (3-7-25)

20.61.01.07 • 52:5 Md. R. 248 (3-7-25)

20.61.04.01,.02 • 52:5 Md. R. 248 (3-7-25)

25 OFFICE OF THE STATE TREASURER

25.03.04.01—.06, .09 • 52:4 Md. R. 222 (2-21-25)

25.03.04.01—.03 • 52:4 Md. R. 222 (2-21-25)

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)

29 MARYLAND STATE POLICE

29.06.01. .02, .05—.09, .14 • 52:3 Md. R. 172(2-7-25)(ibr)

30 MARYLAND INSTITUTE FOR

EMERGENCY MEDICAL SERVICES

30.01.01.02 • 52:6 Md. R. 291 (3-21-25)

30.02.01.01 • 52:6 Md. R. 291 (3-21-25)

30.02.02.02—.09 • 52:6 Md. R. 291 (3-21-25)

31 MARYLAND INSURANCE ADMINISTRATION

31.04.22.03, .08 • 52:5 Md. R. 248 (3-7-25)

33 STATE BOARD OF ELECTIONS

33.14.02 .14 • 52:5 Md. R. 249 (3-7-25)

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)

Regulatory Review and Evaluation

Regulations promulgated under the Administrative Procedure Act will undergo a review by the promulgating agency in accordance with the Regulatory Review and Evaluation Act (State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This review will be documented in an evaluation report which will be submitted to the General Assembly’s Joint Committee on Administrative, Executive, and Legislative Review. The evaluation reports have been spread over an 8-year period (see COMAR 01.01.2003.20 for the schedule). Notice that an evaluation report is available for public inspection and comment will be published in this section of the Maryland Register

Title 11
DEPARTMENT OF TRANSPORTATION

Notice of Availability of Evaluation Report

Pursuant to Executive Order 01.01.2003.20, Implementation of the Regulatory Review and Evaluation Act, notice is hereby given that the Evaluation Reports concerning COMAR 11.11 — 11.13 are available for public inspection and comment for a period of 60 days following the date of this notice.

This report may be reviewed by appointment at the Office of the Administrator, Motor Vehicle Administration, 6601 Ritchie Highway, N.E., Room 200 Glen Burnie, Maryland 21062, Monday through Friday, 8:30 a.m. to 4:30 p.m., except State holidays.

Information may be obtained by contacting Tracey C. Sheffield, Regulations Coordinator, at 410-768-7545 or email at tsheffield@mdot.maryland.gov.

[25-07-15]

Final Action on Regulations

Symbol Key

• Roman type indicates text already existing at the time of the proposed action.

• Italic type indicates new text added at the time of proposed action.

• Single underline, italic indicates new text added at the time of final action.

• Single underline, roman indicates existing text added at the time of final action.

• [[Double brackets]] indicate text deleted at the time of final action.

Title 07
DEPARTMENT OF HUMAN SERVICES

Subtitle 05 SOCIAL SERVICES ADMINISTRATION PRIVATE CHILD PLACEMENT AGENCIES

07.05.01 License for Private Child Placement Agencies

Authority: Family Law Article, §§5-3A-01-25, 5-501-5-503, 5-506-521, 5-551; Human Services Article, §§1-201, 4-205; Annotated Code of Maryland

Notice of Final Action

[24-228-F]

On March 12, 2025, the Department of Human Services adopted amendments to Regulations .02—.17 and .21—23, the repeal of existing Regulations .18—.20 and new Regulations .18—.20 under COMAR 07.05.01 License for Private Child Placement Agencies. This action, which was proposed for adoption in 52:2 Md. R. 71—79 (January 24, 2025), has been adopted as proposed.

Effective Date: April 14, 2025.

RAFAEL LOPEZ
Secretary of Human Services

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.61 Amusement Attractions—Attraction Specific Provisions

Authority: Business Regulations Article. §§3-302, 3-307—3-313, Annotated Code of Maryland

Notice of Final Action

[24-158-F-I]

On March 12, 2025, the Commissioner of Labor and Industry adopted amendments to Regulations .01, and .02, new Regulation .07, the recodification of existing Regulation .07 to be Regulation .08 and amendments to and the recodification of existing Regulation .08 to be Regulation .09 under COMAR .09.12.61 Amusement Attractions—Attraction Specific Provisions. This action, which was proposed for adoption in 52:2 Md. R. 79—80 (January 24, 2025), has been adopted as proposed.

Effective Date: April 14, 2025.

DEVKI VIRK
Commissioner of Labor and Industry

Title 10
MARYLAND DEPARTMENT OF HEALTH

Notice of Final Action

[24-222-F]

On March 17, 2025, the Acting Secretary of Health adopted:

(1) Amendments to Regulation .02 under COMAR 10.01.17 Fees for Food Protection, Public Pools, Public Spas, Public Spray Grounds, and Youth Camp Programs; and

(2) Amendments to Regulations .02 and .21 under COMAR 10.16.06 Certification for Youth Camps.

This action, which was proposed for adoption in 52:2 Md. R. 80—82 (January 24, 2025), has been adopted as proposed.

Effective Date: April 14, 2025.

RYAN B. MORAN, DRPH, MHSA
Acting Secretary of Health

Notice of Final Action

[24-223-F]

On March 18, 2025, the Acting Secretary of Health adopted amendments to:

(1) Regulations .06 and .12 under COMAR 10.10.13 Medical Laboratories—Testing for Hereditary and Congenital Disorders in Newborn Infants; and

(2) Regulation .05 under COMAR 10.52.12 Newborn Screening.

This action, which was proposed for adoption in 52:2 Md. R. 119—120 (January 24, 2025), has been adopted with the nonsubstantive changes shown below.

Effective Date: April 14, 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:

COMAR 10.10.13.12C(58): Inclusion of abbreviation for Mucopolysaccharidosis type I which was unintentionally omitted in the proposed action.

.12 First-Tier, Supplemental, and Second-Tier Tests.

A.—B. (proposed text unchanged)

C. First-Tier Tests. The Department’s public health laboratory shall perform a first-tier test on a newborn infant to screen for the following hereditary and congenital disorders, which are approved for screening by the Council and the Secretary:

(1)—(57) (proposed text unchanged)

(58) Mucopolysaccharidosis type I (MPS I);

(59)—(61) (proposed text unchanged)

D. (proposed text unchanged)

RYAN B. MORAN, DRPH, MHSA
Acting Secretary of Health

Subtitle 25 MARYLAND HEALTH CARE COMMISSION

10.25.18 Health Information Exchanges: Privacy and Security of Protected Health Information

Authority: Health-General Article, §§4-301, 4-302.2, 4-302.3, 4-302.5, 4-304, 19-103, 19-109(a)(1) and (8), 19-133, 19-143, and 19-145, Annotated Code of Maryland

Notice of Final Action

[24-164-F]

On March 20, 2025, the Maryland Health Care Commission adopted amendments to Regulations .01, .02, .03, .04, .08, and .10 and adopted new Regulations .13 and .14 under COMAR 10.25.18 Health Information Exchanges: Privacy and Security of Protected Health Information. This action, which was proposed for adoption in 51:24 Md. R. 1088—1093 (December 2, 2024), has been adopted with the nonsubstantive changes shown below.

Effective Date: April 14, 2025.

Attorney General’s Certification

COMAR 10.25.18.03D(1)(c): This change clarifies the scope of the required information.

COMAR 10.25.18.03D(2) and (4)(b)(i): These changes extend the deadline for compliance with Regulation .03D(2) from 6 months to 12 months after the effective date of the regulations and shortens the deadline for compliance with Regulation .03D(4)(b)(i) from 18 months to 12 months after the deadline established by Regulation .03D(2). Combined, the deadline for compliance with Regulation .03D(4)(b)(i) remains the same as in the proposed regulations.

COMAR 10.25.18.03D(7): This change clarifies prior language.

COMAR 10.25.18.13E(1)(d): This change clarifies that the data retention requirements do not supersede other requirements.

COMAR 10.25.18.13E(4): This change specifies the deadline for compliance.

COMAR 10.25.18E(5): This change clarifies that a release of data must comply with any other applicable law.

.03 Rights of a Health Care Consumer Concerning Information Accessed, Used, or Disclosed Through an HIE.

A.—C. (proposed text unchanged)

D. Consent Management Application.

(1) The State-designated HIE shall implement a consent management application that:

(a)—(b) (proposed text unchanged)

(c) Informs the person in interest of the types of electronic health information that may be shared or disclosed by the State-designated HIE in accordance with §A(2)(a) of this regulation notwithstanding the choice to opt out;

(d)—(e) (proposed text unchanged)

(2) Within [[6]] 12 months of the effective date of this regulation, the State-designated HIE shall make the consent management application it develops available to registered HIEs.

(3) (proposed text unchanged)

(4) HIE Connection to the Consent Management Application.

(a) (proposed text unchanged)

(b) An HIE shall:

(i) Establish bi-directional connectivity with the consent management application within [[18]] 12 months of receiving notification from the State-designated HIE that the application is operational;

(ii)—(v) (proposed text unchanged)

(5)—(6) (proposed text unchanged)

(7) An HIE shall continue to [[manage local opt-outs locally]] accept opt-out and opt-in requests from health care consumers directly.

(8)—(10) (proposed text unchanged)

E.— I. (proposed text unchanged)

.13 Noncontrolled Prescription Drugs Dispenser Reporting.

A.—D. (proposed text unchanged)

E. Acceptance and Disclosure of Noncontrolled Prescription Drug Information by the State-designated HIE.

(1) The State-designated HIE shall:

(a)—(c) (proposed text unchanged)

(d) Retain noncontrolled prescription drug information collected pursuant to this section for at least 5 years from the date of receipt, except for the PHI of patients who opt-out of an HIE consistent with Regulation .03 of this chapter.

(2)—(3) (proposed text unchanged)

(4) [[The]] Beginning January 1, 2026, the State-designated HIE shall make patient-specific prescription information submitted by dispensers under this section available for purposes allowed under applicable law.

(5) Upon written request for public health purposes and as allowed by applicable law, the State-designated HIE shall provide data collected under this regulation within 5 days to the Maryland Department of Health, local health departments, the Commission, or the Health Services Cost Review Commission.

F. (proposed text unchanged)

RANDOLPH SERGENT, ESQ.
Chair

Subtitle 37 HEALTH SERVICES COST REVIEW COMMISSION

10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions

Authority: Health-General Article, §§19-207 and 19-215, Annotated Code of Maryland

Notice of Final Action

[24-229-F-I]

On March 12, 2025, the Health Services Cost Review Commission adopted amendments to Regulation .02 under COMAR 10.37.01 Uniform Accounting and Reporting System for Hospitals and Related Institutions. This action, which was proposed for adoption in 52:2 Md. R. 121 (January 24, 2025), has been adopted as proposed.

Effective Date: April 14, 2025.

JOSHUA SHARSTEIN
Chair of Health Services Cost Review Commission

Subtitle 63 COMMUNITY-BASED BEHAVIORAL HEALTH PROGRAMS AND SERVICES

10.63.08 Civil Money Penalty

Authority: Health-General Article, §§7.5-205(b)(2)—(3), (d), 7.5-402(a)(6), Annotated Code of Maryland.

Notice of Final Action

[24-190-F]

On February 21, 2025, the Secretary of Health adopted new Regulations .01—.05 under a new chapter COMAR 10.63.08 Civil Money Penalty. This action, which was proposed for adoption in 51:26 Md. R. 1200—1202 (December 27, 2024), has been adopted with the nonsubstantive changes shown below.

Effective Date: April 14, 2025.

Attorney General’s Certification

COMAR 10.63.09.02B: Adds further clarification regarding the severity of violation which may result in a civil money penalty. This change also aligns with other Department regulations.

COMAR 10.63.09.02B(2)(d): Removes duplicative language as failure to comply with a plan of correction may be a grounds for civil money penalty under B(2)(b).

COMAR 10.63.09.03: Adds further clarification regarding the severity of violation which may result in a civil money penalty. This change also aligns with other Department regulations.

.02 Definitions.

A. (proposed text unchanged)

B. Material and Egregious Violation

(1) (proposed text unchanged)

(2) “Material and egregious violation” includes but is not limited to:

(a) (proposed text unchanged);

(b) Practices which affect or may affect the health or safety of any individual; or

(c) Practices which violate or may violate participant rights.[[; or]]

[[(d) Failure to comply with a plan of correction or correct deficiencies after receiving a notice of deficiencies.]]

.03 Civil Money Penalty — Imposition.

A.—D. (proposed text unchanged)

E. If the Department determines that a material deficiency, or continuing pattern of deficiencies which together amount to a material and egregious violation, exists, the Department shall notify the organization of the deficiency or deficiencies and may:

(1)—(2) (proposed text unchanged)

F. (proposed text unchanged)

G. In determining whether a civil money penalty is to be imposed and in setting the amount of the civil money penalty, the Department shall consider each of the following:

(1)—(2) (proposed text unchanged)

(3) The organization’s history with the Department, including any prior history of compliance or any prior actions that would indicate whether the violation is an isolated occurrence or represents a pattern of behavior;

(4)—(5) (proposed text unchanged)

(6) The degree of risk to the health, life, or safety of individuals as a result of the violations[[, including possibly inhibiting an individual’s ability to receive quality services, and appropriate care and treatment]]; and

(7) (proposed text unchanged)

H—J. (proposed text unchanged)

LAURA HERRERA SCOTT

Secretary of Health

Title 11
MARYLAND DEPARTMENT OF TRANSPORTATION

Subtitle 12 MOTOR VEHICLE ADMINISTRATION—LICENSING OF BUSINESSES AND OCCUPATIONS

11.12.01 Dealers and Salesmen

Authority: Commercial Law Article, §14-1502; Transportation Article, §§12-104(b), 13-503, 13-610, 13-621, 15-102, 15-103, 15-105, 15-107, 15-108, 15-305.1, 15-307-15—309, 15-311.1, 15-312, 15-313, 15-406, 15-408, 15-409, and 15-411; Annotated Code of Maryland

Notice of Final Action

[24-161-F]

On March 26, 2025, the Motor Vehicle Administration adopted amendments to Regulation .14 under COMAR 11.12.01 Dealers and Salesmen. This action, which was proposed for adoption in 52:3 Md. R. 169—170 (February 7, 2025), has been adopted with the nonsubstantive changes shown below.

Effective Date: April 14, 2025.

Attorney General’s Certification

Regulation .14(2): Correct sections "(I) THROUGH (IV)" and replace with "(A) Through (D)" to correct error in formatting.

.14 Dealers’ Advertising and Trade Practices.

A.—C. (text unchanged)

D. Advertising Shipping, and Selling Practices.

(1) (proposed text unchanged)

(2) A dealer offering a vehicle for sale as consumer goods may not charge the customer a fee for shipment of a used vehicle that is not available on the premises unless the shipping fee is clearly and conspicuously disclosed on a separate form entitled ‘Payment of a Non-Refundable Shipping Fee’, before the customer becomes obligated to pay the fee, on a form with signature of the customer using the language, “I UNDERSTAND THAT THE VEHICLE IS NOT PHYSICALLY PRESENT ON THE PREMISES AT THIS DEALER LOCATION AND WILL HAVE TO BE SHIPPED FROM ANOTHER LOCATION. EXCEPT AS PROVIDED BELOW IN [[ITEMS (I) THROUGH (IV)]] ITEMS (A) THROUGH (D), I AGREE TO PAY THE SPECIFIED AMOUNT (INSERT SPECIFIED FEE), NOT TO EXCEED THE ACTUAL AMOUNT INCURRED BY THE DEALERSHIP AS A SHIPPING FEE, WHETHER OR NOT I AGREE TO PURCHASE THE VEHICLE. I UNDERSTAND THAT THIS FEE IN NO WAY OBLIGATES ME TO PURCHASE THE VEHICLE UPON DELIVERY. I UNDERSTAND THAT THIS FEE IS REFUNDABLE UNDER CERTAIN CIRCUMSTANCES LISTED BELOW:

(a)—(d) (proposed text unchanged)

(3)—(6) (proposed text unchanged)

(7)—(11) (proposed text unchanged)

(12) (proposed text unchanged)

E.—L. (proposed text unchanged)

CHRISTINE NIZER
Administrator

Title 14
INDEPENDENT AGENCIES

Subtitle 17 MARYLAND CANNABIS ADMINISTRATION

Notice of Final Action

[24-206-F]

On March 21, 2025, the Maryland Cannabis Administration adopted:

(1) Amendments to Regulation .01 under COMAR 14.17.01 Definitions;

(2) New Regulation .05 under COMAR 14.17.02 General Regulations;

(3) The repeal of existing Regulation .07, amendments to and the recodification of existing Regulation .08 to be Regulation .07, the recodification of existing Regulation .09 to be Regulation .08, and new Regulation .09 under COMAR 14.17.04 Medical Cannabis Program;

(4) Amendments to Regulation .05 under COMAR 14.17.05 Application Process and Issuance of Licenses;

(5) New Regulation .12 under COMAR 14.17.06 Standard Cannabis Licenses;

(6) Amendments to Regulation .02 under COMAR 14.17.07 Micro Licenses;

(7) Amendments to Regulations .03—.05 under COMAR 14.17.08 Laboratory Registration and Operations;

(8) Amendments to Regulation .02 under COMAR 14.17.09 Other Cannabis Businesses;

(9) Amendments to Regulations .02, .03, and .08 under COMAR 14.17.10 Cannabis Grower Operations;

(10) Amendments to Regulation .04 and .18 under COMAR 14.17.11 Cannabis Processor Operations;

(11) Amendments to Regulations .02, .04,and .10 under COMAR 14.17.12 Cannabis Dispensary Operations;

(12) Amendments to Regulations .08 and new Regulation .12 under COMAR 14.17.13 Cannabis Products;

(13) Amendments to Regulations .02 and .06 under COMAR 14.17.14 Complaints, Enforcement, Record Keeping, and Inspections of Cannabis Businesses;

(14) Amendments to Regulation .05 under COMAR 14.17.15 Cannabis Business Agents;

(15) Amendments to Regulation .03 under COMAR 14.17.16 Cannabis Business Owners;

(16) Amendments to Regulation .03 under COMAR 14.17.18 Finished Product Packaging;

(17) Amendments to Regulation .02 under COMAR 14.17.19 Cannabis Research; and

(18) Amendments to Regulations .01, .02, .06, .07, .09, .10, and .12 under COMAR 14.17.22 Hearing Procedures.

This action, which was proposed for adoption in 51:26 Md. R. 1206—1212 (December 27, 2024), has been adopted with the nonsubstantive changes shown below.

Effective Date: April 14, 2025.

Attorney General’s Certification

COMAR 14.17.05.05A(4): In order to address zoning challenges in certain parts of the State that may delay social equity licensees seeking to become operational, MCA is clarifying that it may use its discretion to determine that a conditional licensee has demonstrated consistent good faith effort if they provide adequate documentation that a political subdivision has unduly burdened its efforts toward becoming operational, as defined in Alcoholic Beverages and Cannabis Article §36-405.

COMAR 14.17.10.02A(3): MCA is clarifying the term “permanent structure” as it relates to the distinction between indoor and outdoor cultivation.

COMAR 14.17.12.02Q: To provide flexibility to dispensaries, MCA is clarifying that a cannabis display canister may be stored out of reach, rather than out of sight, when not being actively examined during hours of operation.

COMAR 14.17.22.09B: MCA is reversing its proposed discovery provisions and changes to subpoena procedures in this regulation. MCA will review its procedures and propose amendments at a later date. Additionally, MCA is clarifying that in a contested case resulting from an advertisement alleged to not comply with Alcoholic Beverages and Cannabis Article, §36-903(a)(1)(iv), there is a rebuttable presumption that the advertisement at issue is prohibited unless or until a respondent demonstrates that it is permissible.

14.17.05 Application Process and Issuance of Licenses

Authority: Alcoholic Beverages and Cannabis Article, §§36-202, 36-401, 36-404, and 36-505, Annotated Code of Maryland

.05 Issuance of a License or Rescission of a Conditional License.

A. Conditional License Period.

(1)—(3) (text unchanged)

(4) For purposes of determining consistent good faith effort in §A(3), the Administration [[will]]:

(a) Will consider demonstrating legal control of a premises to indicate consistent good faith effort if the premises:

[[(a)]] (i) (proposed text unchanged)

[[(b)]] (ii) Complies with local planning and zoning requirements; and

(b) May use its discretion to determine that a conditional licensee has demonstrated consistent good faith effort if the conditional licensee provides adequate documentation that a political subdivision has unduly burdened its efforts toward becoming operational, as defined in Alcoholic Beverages and Cannabis Article §36-405.

(5)—(8) (proposed text unchanged)

B.—F. (proposed text unchanged)

14.17.10 Cannabis Grower Operations

Authority: Alcoholic Beverages and Cannabis Article, §§36-202, 36-203, 36-401, 36-402, and 36-410, Annotated Code of Maryland

.02 Cannabis Grower Premises.

A. In this regulation, the following terms have the meanings indicated.

(1)—(2) (proposed text unchanged)

(3) [[Permanent structure.

(a)]] “Permanent structure” means a building, shipping container, greenhouse, or other structure that is [[designed to be]] used for cultivation for 180 days or more in a one year period.

[[(b) “Permanent structure” includes a building, shipping container, or greenhouse.]]

B.—J. (proposed text unchanged)

14.17.12 Cannabis Dispensary Operations

Authority: Alcoholic Beverages and Cannabis Article, §§36-202, 36-203, 36-401, and 36-410, Annotated Code of Maryland

.02 Standard Cannabis Dispensary.

A.—P. (proposed text unchanged)

Q. Cannabis Display. A dispensary may store cannabis in a clear, tamper-evident canister for display purposes, provided the following conditions are met:

(1) During hours of operation, the canister is:

(a) Stored out of [[sight]] reach behind the service area counter when not being actively examined by a qualifying patient, registered caregiver, or adult-use consumer; or

(b) (proposed text unchanged)

(2)—(5) (proposed text unchanged)

14.17.22 Hearing Procedures

Authority: Alcoholic Beverages and Cannabis Article, §36-202, Annotated Code of Maryland

.09 Hearings.

A. (proposed text unchanged)

[[B. Discovery.

(1) Discovery may be taken only upon the submission of a stipulation signed by all parties and approved by the hearing officer.

(2) If a stipulation described in §B(1) is submitted, the hearing officer may issue such orders as are necessary to implement discovery.

(3) Parties may request governmental documents under the Maryland Public Information Act, State Government Article, §4-101 et seq., Annotated Code of Maryland.]]

[[[]]B.[[]]] [[C.]] Written Subpoenas.

(1) A party may request that the hearing officer issue subpoenas for witnesses [[[]]or documents[[]]] necessary for the hearing.

(2)—(3) (proposed text unchanged)

[[[]]C.[[]]] [[D.]] (proposed text unchanged)

[[[]]D.[[]]] [[E.]] Burden of Proof.

(1)—(3) (proposed text unchanged)

(4) In the hearing of a contested case resulting from an advertisement alleged to not comply with the requirements of Alcoholic Beverages and Cannabis Article §36-903(a)(1)(iv), Annotated Code of Maryland,[[the respondent shall have the burden of establishing audience composition data sufficient to demonstrate that the audience of the advertisement met the requirement of Alcoholic Beverages and Cannabis Article §36-903(a)(1)(iv), Annotated Code of Maryland]] there is a rebuttable presumption that the advertisement at issue is prohibited unless or until a respondent demonstrates that it is permissible.

[[F.]] E. (proposed text unchanged)

[[G.]] F. (proposed text unchanged)

TABATHA ROBINSON
Acting Director

Title 15
MARYLAND DEPARTMENT OF AGRICULTURE

Subtitle 01 OFFICE OF THE SECRETARY

15.01.21 Urban Agriculture Grant Program

Authority: Agriculture Article, §§2-2001 et seq., Annotated Code of Maryland

Notice of Final Action

[24-042-F]

On March 25, 2025, the Maryland Department of Agriculture adopted new Regulations .01—.10 under a new chapter, COMAR 15.01.21 Urban Grant Agriculture Program. This action, which was proposed for adoption in 52:3 Md. R. 170—172 (February 7, 2025), has been adopted as proposed.

Effective Date: April 14, 2025.

STEVEN A. CONNELLY
Deputy Secretary

Proposed Action on Regulations

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 08 DEEP CREEK LAKE

08.08.05 Permits

Authority: Natural Resources Article, §§5-209, 5-215, and 8-704, Annotated Code of Maryland

Notice of Proposed Action

[24-230-P]

The Secretary of Natural Resources proposes to amend Regulation .03 under COMAR 08.08.05 Permits.

Statement of Purpose

The purpose of this action is to authorize a buffer strip use permittee with at least one dock slip to rent, lease, or assign not more than one dock slip to another person. Additionally, members of associations, condominiums, or common dock groups holding a valid buffer strip use permit and owning at least one deeded dock slip would also be permitted to rent, lease, or assign not more than one deeded dock slip, subject to the approval of the group.

The proposed action seeks to clarify the scope of allowable uses for buffer strip permittees while providing opportunities for responsible dock slip rentals. These rentals would be subject to applicable State and local laws to ensure compliance. The proposed action maintains the integrity of the buffer strip while expanding flexibility for adjacent landowners and associations, providing broader recreational access to Maryland’s waterways.

As part of this regulatory amendment, the Deep Creek Lake Policy and Review Board also approved a fee of $200 per slip for each rented/assigned dock slip. This fee is consistent with commercial dock permit slip fees. This fee will be incorporated into the existing fee structure published on the Department’s website, ensuring consistency across all permits. The fee will support the Department’s operational needs, including administrative oversight, compliance monitoring, and any necessary resource adjustments related to the regulation change.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed regulation is expected to generate substantial economic benefits for local marinas, homeowners with available slips, and supporting businesses in the area. Marinas could see an additional $3.8 million in rental revenue over 5 months, with homeowners earning up to $5 million in rental income from their personal slips. This increased rental activity could boost local spending and support related industries, contributing to economic growth in the region. The Maryland Department of Natural Resources would also benefit from the regulation, potentially receiving $400,000 from rental fees ($200/slip with a potential of 2000 permits), though the addition of an employee to manage the increased activity would cost $24,000, resulting in a net impact of $376,000. The regulation overall supports economic growth and boosts local tax revenue without imposing significant financial burdens on local governments.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:
Maryland Department of Natural Resources	(R+)	$376,000
B. On other State agencies:	NONE
C. On local governments:
Garrett County	(R+)	Indeterminable
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
(1) Buffer Strip Use Permittee (Homeowners)	(+)	$5,000,000
(2) Marinas	(+)	$3,800,000
E. On other industries or trade groups:	NONE
F. Direct and indirect effects on public:
Local Businesses	(+)	$880,000

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. If all 2,000 boat slips are rented and each generates $200 in revenue for the Maryland Department of Natural Resources, the total economic impact to the department would be $400,000 annually. However, the cost of adding an extra employee to handle the increased demand, paid at $20 per hour for 40 hours a week over 6 months, would total approximately $24,000. After factoring in this additional staffing cost, the net economic impact to DNR would still be a positive $376,000, which would support operations, maintenance, and conservation efforts.

C. The potential $8.8 million in added revenue from boat slip rentals could significantly boost Garrett County’s economy, increasing local sales tax and potentially property and occupancy taxes. The rise in local spending will drive demand for public services, like law enforcement and infrastructure, contributing to the county’s budget. Additionally, the economic growth could lead to job creation and lower unemployment, benefiting both local businesses and the county’s fiscal health.

D(1). Buffer strip use permittees/homeowners with available boat slips stand to benefit directly from the proposed regulation allowing boat slip rentals. The estimated $5 million in rental revenue from approximately 2,000 homeowners renting their slips at $2,500 per season will contribute to the local economy. While the exact impact may vary, homeowners will earn rental income, potentially increasing their discretionary spending and benefiting from the broader economic growth spurred by the boating community.

D(2). Marinas will see a significant economic impact, with an estimated $3.8 million in additional rental revenue generated by 2,000 boat slips rented over a 5-month period. This increase in rental activity will likely result in higher revenue from ancillary services, such as fuel sales, food, and marina-related amenities. The overall impact to marinas will boost local employment, potentially requiring additional staff, and support regional economic growth by attracting more visitors to the area.

F. The proposed regulation could also benefit local businesses, especially food vendors, restaurants, and retail shops. As more boaters visit the area due to the extended boat slip rental season, demand for services such as dining, fuel, and boat maintenance will increase. Assuming 10% of the $8.8 million in total additional revenue flows into local businesses, this could result in an estimated $880,000 in additional revenue, helping local businesses thrive and potentially create jobs to meet increased demand.

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 regulation allowing boat slip rentals is expected to have a significant positive economic impact on not only marinas and homeowners but also small businesses in the area, including those that provide food and other services on the lake. The ripple effect from increased rental revenue will likely stimulate demand for local goods and services, benefiting a wide range of small businesses.

As noted earlier, the estimated $8.8 million in additional rental revenue from marinas and homeowners renting boat slips will directly contribute to the local economy. Marinas like Bills Marine, Deep Creek Marina, and Silvertree Marina stand to see substantial increases in rental revenue, which can be reinvested into their businesses, potentially leading to expanded operations, more job opportunities, and additional services offered to customers. This, in turn, drives spending on maintenance, staff wages, and infrastructure.

Increased boating activity will bring more people to the lake and marinas, thereby creating greater demand for food and other services. Local food vendors, restaurants, and cafes that serve boaters and visitors to the lake can expect increased foot traffic. More boaters on the water means more people visiting marina restaurants, food trucks, and small lakeside eateries. The added business could significantly boost revenue for small food vendors. Additionally, boaters who rent slips are likely to spend on food, beverages, fuel, and other marina-related services. As boaters extend their time on the lake, the demand for local food and hospitality services is also expected to increase.

The combined effects of increased marina revenue and higher demand for food and services could create a multiplier effect within the local economy. Small businesses providing a variety of services – from food vendors to gas stations, retail shops, and boat maintenance companies – could see increased sales. The additional income flowing into the local economy could also support more local jobs, as businesses may hire additional staff to handle the increased demand.

Hypothetically, if we assume that 10% of the $8.8 million in additional revenue flows into local businesses selling food, retail items, and services on the lake, this could generate an estimated $880,000 in additional revenue for small businesses with local eateries and shops experiencing a significant increase in customers, resulting in higher sales and potentially expanding their operations to meet the growing demand.

The overall impact to small businesses in the area, driven by a boat slip rental season, could be up to $880,000 in additional revenue from food, retail, and service-related activities on the lake. This is in addition to the benefits marinas will see from rental income, creating a well-rounded economic boost for the entire community. These positive effects will not only benefit marina operators and homeowners but also help sustain and grow local small businesses, making slip rental for permit holders a win for the region’s economy.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Deep Creek Lake Natural Resources Management,, Maryland Park Service, Maryland Department of Natural Resources, 898 Brant Road, Swanton, MD 21561, or call 301-387-4112, or email to or post your comment in the form at https://docs.google.com/forms/d/e/1FAIpQLSfPCtmrzBXvMDxv5EZQZ6fmgeeUdkD8evZQUuh9-gY25zUDIQ/viewform. Comments will be accepted through May 5, 2025. A public hearing has not been scheduled.

.03 Uses Permitted with a Buffer Strip Use Permit.

A. An adjacent landowner who obtains a buffer strip use permit may:

(1) Make general[, nonprofit] recreational use of the buffer strip.

(2)—(3) (text unchanged)

B.—H. (text unchanged)

I. Dock Slip Rental.

(1) A buffer strip use permittee with at least one dock slip may rent, lease, or assign not more than one dock slip to another person.

(2) Subject to the approval of the association, condominium, or common dock rental facility group, a member of an association, condominium, or group which has obtained a valid buffer strip use permit to operate a common dock facility for residential purposes and within which the member has at least one deeded dock slip may rent, lease, or assign not more than one deeded dock slip to another person.

(3) Renting, leasing, or assigning a dock slip is subject to applicable State and local laws.

JOSH KURTZ
Secretary of Natural Resources

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

09.03.09 Mortgage Loan Originators

Authority: Financial Institutions Article, §§2-105.1, Annotated Code of Maryland

Notice of Proposed Action

[25-049-P]

The Commissioner of Financial Regulation proposes to amend Regulation .06 under COMAR 09.03.09 Mortgage Loan Originators.

Statement of Purpose

The purpose of this action is to increase the Mortgage Loan Originator license and renewal fees. Mortgage Loan Originator license and renewal fees are established by regulation and this action is being taken to reduce the amount of revenue the Office of Financial Regulation needs to obtain via assessment as a result of the Legislature’s adoption of Ch. 567 (H.B. 686), Acts of 2023.

Estimate of Economic Impact

I. Summary of Economic Impact. The economic impact of the proposed action is expected to be low. The fee increase aligns Maryland with similar states while maintaining competitiveness and it reflects a return to near-past fee levels prior to reductions. The fee adjustment spreads costs proportionally based on the number of mortgage loan originators employed, reducing the burden on smaller entities and reduced reliance on assessments will lessen financial pressures on small businesses.

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 loan originators	(-)	Minimal


E. On other industries or trade groups:	NONE
F. Direct and indirect effects on public:	NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

D. The Office of Financial Regulation will use the fee increase to offset the industry assessment required.

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, Assistant Commissioner for Policy, Office of Financial Regulation, 100 S. Charles St. Tower 1, Suite 5300, Baltimore, MD 21231, or call 4102306094, or email to amy.hennen@maryland.gov. Comments will be accepted through May 5, 2025. A public hearing has not been scheduled.

.06 Fees.

A. Application Investigation Fee. The nonrefundable investigation fee required by Financial Institutions Article, [§11-604(c)(1)] §11-604, Annotated Code of Maryland, is [$1] $50.

B. Initial License Fee.

(1) The license fee required by Financial Institutions Article, [§11-606(b)(2)] §11-604, Annotated Code of Maryland, is [$225] $275 for a 1-year license term.

(2) (text unchanged)

C. Renewal Fee.

(1) The renewal fee required by Financial Institutions Article, [§11-609(b)(2)], §11-609, Annotated Code of Maryland, is [$225] $275 for a 1-year renewal term.

(2) (text unchanged)

C-1.—E. (text unchanged)

ANTONIO SALAZAR
Commissioner

Subtitle 09 MARYLAND BOARD OF ELECTRICIANS

09.09.02 Continuing Education

Authority: Business Occupations and Professions Article, §§6-205(a)(3) and (b)(1), Annotated Code of Maryland

Notice of Proposed Action

[25-047-P]

The Maryland Board of Electricians proposes to amend Regulation .02 under COMAR 09.09.02 Continuing Education. This action was considered by the Maryland Board of Electricians at a public meeting of the Maryland Board of Electricians held on February 25, 2025, notice of which was given by posting on the Board of Electricians' website, pursuant to General Provisions Article, §3-302(c)(ii), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend and update the editions of the National Electrical Code ("NEC") and National Fire Protection Association standards ("NFPA").

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 Charles Marquette, Executive Director, Board of Electricians, Maryland Department of Labor, Maryland Department of Labor, 100 S. Charles Street, Tower 1, Suite 3300, Baltimore, MD 21201, or call 410-230-6160, or email to charles.marquette1@maryland.gov. Comments will be accepted through May 5, 2025. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Maryland Board of Electricians during a public meeting to be held on May 27, 2025 at 10:00 a.m., at Maryland Department of Labor, 100 S. Charles Street, Tower 1, Suite 3300, Baltimore, MD 21201.

.02 Subject Matter for Continuing Education.

Continuing educational hours from a course or training satisfy the requirement of Regulation .01A of this chapter if the course or training is:

A. Based on any article of or update to the National Electrical Code (NEC) or any local variants adopted by a local board in accordance with Business Occupations and Professions Article, §6-205(b)(1), Annotated Code of Maryland, as it may be amended, modified, or updated from time to time; and which has been incorporated by reference in COMAR 09.12.50.02-1B(3);

B. Based on any code or standard of the National Fire Protection Association (NFPA) that relates to the provision of electrical services as defined in Business Occupations and Professions Article, §6-101(k), Annotated Code of Maryland, as it may be amended, modified, or updated from time to time; and which has been incorporated by reference in COMAR 09.12.50.02-1B(3); or

C. (text unchanged)

CHET BROWN
Chair, Board of Electricians

Subtitle 13 BOARD FOR PROFESSIONAL LAND SURVEYORS

09.13.06 Minimum Standards of Practice

Authority: Business Occupations and Professions Article, §§15-208(b)(4), Annotated Code of Maryland

Notice of Proposed Action

[25-038-P]

The Board for Professional Land Surveyors proposes to amend Regulations .07, .09, and .12 under COMAR 09.13.06 Minimum Standards of Practice. This action was considered at the December 4, 2024 State Board for Professional Land Surveyors public meeting.

Statement of Purpose

The Board believes these changes will alleviate confusion consumers sometimes face when seeing documents sealed by a professional land surveyor. For example, a professional land surveyor’s seal currently requires an expiration date. The seal must now say “License Expiration date.” In the past, consumers had believed the expiration date referred to the documents expiring, rather than the professional land surveyor’s license. The proposed amendments also clarify which documents must be stamped and sealed.

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 Zevi Thomas, Executive Director State Board for Professional Land Surveyors, Department of Labor, 100 S. Charles St., Tower 1, Suite 3302, Baltimore, MD 21201, or call 410-230-6262, or email to zevi.thomas@maryland.gov. Comments will be accepted through May 5, 2025. A public hearing will be held on May 7, 2025 at 11 a.m. at 100 S. Charles Street, Tower 1, Baltimore, Maryland 21201 or using video conferencing at meet.google.com/tth-pvdx-sbf. To access the meeting by dialing in from a phone:‪ 1 352-608-0121 PIN: ‪767 512 793#

Open Meeting

Final action on the proposal will be considered by the State Board for Professional Land Surveyors during a public meeting to be held on May 7, 2025 at 11:00 am, at 100 S. Charles Street, Tower 1, Baltimore, Maryland 21201 or using video conferencing at meet.google.com/tth-pvdx-sbf. To access the meeting by dialing in from a phone:‪ 1 352-608-0121 PIN: ‪767 512 793#.

.07 As-Constructed or Record Surveys.

A.—B. (text unchanged)

C. A statement to the effect that a licensee either personally prepared the as-constructed or record survey or was in responsible charge over its preparation and the surveying work reflected in it, all in compliance with requirements set forth in Regulation .12 of this chapter; and

[C.] D. (text unchanged)

.09 Right-of-Way/Easement Surveys.

A.—C. (text unchanged)

D. A statement to the effect that a licensee either personally prepared the right-of-way or easement survey or was in responsible charge over its preparation and the surveying work reflected in it, all in compliance with requirements set forth in Regulation .12 of this chapter.

[D.] E. (text unchanged)

.12 Business Practices.

A.—H. (text unchanged)

I. When signing and sealing surveying documents, a licensee shall indicate the license expiration date on the documents before submitting them in accordance with requirements set forth in Business Occupations and Professions Article, §15-502(a), Annotated Code of Maryland, and shall contain the following statement: “Professional Certification. I hereby declare that these documents were prepared or approved by me or under my responsible charge, and that I am a duly licensed land surveyor under the laws of the State of Maryland, License No._____, and License Expiration Date: _______________.”

J. (text unchanged)

T.J. FRAZIER
Chair

Subtitle 37 WORKFORCE DEVELOPMENT AND ADULT LEARNING

09.37.01 Alternate Ways to Earn a High School Diploma

Authority: Labor and Employment Article, §§11-807 and 11-808, Annotated Code of Maryland

Notice of Proposed Action

[25-041-P]

The Maryland Department of Labor and the Maryland State Board of Education propose to amend Regulations .01—.19 under COMAR 09.37.01 Alternate Ways to Earn a High School Diploma. This action was considered and approved by the Secretary of the Maryland Department of Labor on February 4, 2025 and the Maryland State Board of Education on February 24, 2025.

Statement of Purpose

The purpose of this action is to update the Maryland Department of Labor regulations that outline the administration of the high school by examination program, one of the alternative pathways to a High School Diploma (HSD) in Maryland. The updates to these regulations will:

1. Replace “GED® Exam” with “High School Equivalency (HSE) Test”;

2. Allow students to take all sections of the High School Equivalency Exam in any foreign language in which it is available;

3. Include “online as permitted by the Department” as a way the HSE Test can be given;

4. Allow the Department to retain all passing HSE Test scores in perpetuity;

5. Give the Secretary authority to determine how and for how long passing scores on previous series of tests can be applied;

6. Replace “testing center” with “test” to clarify that the same procedures apply for both online and in person tests;

7. Add a definition that clarifies the “Testing Service” is the contractor awarded to provide the nationally recognized HSE Test;

8. Correct a reference to Maryland’s compulsory school age law by clarifying that participants must only provide proof of school withdrawal only if they are younger than 18 years of age;

9. Include additional ID options for students taking the test;

10. Add “legally verifiable name change” as a reason to alter a student’s record; and

11. Additional formatting and grammar updates.

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 Jenna Bachman, Policy Analyst, Maryland Department of Labor, 100 South Charles St. (Tower I, Suite 2000) Baltimore, MD 21201, or call 410-767-0227, or email to jenna.bachman@maryland.gov. Comments will be accepted through May 5, 2025. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Applicant” means the individual who is seeking to [take the GED® Tests] earn a high school diploma by examination.

(2) “Candidate” means an individual who is deemed eligible to take, [the GED® Tests, is] scheduled to sit for, [the Tests] or has taken the [GED® Tests] high school equivalency test.

(3) (text unchanged)

(4) [“GED®” means the nationally recognized high school equivalency test program.]“GED Option Program” means a program administered by the State Department of Education that creates a pathway to a high school diploma by examination for currently enrolled high school English language learner students under the age of 21 years who have experienced interrupted education and have a lower level of English proficiency than their peers.

(5) “High school equivalency test” means an examination program authorized by the Department and the Maryland State Board of Education as a method for earning a high school diploma.

[(5)] (6) “Module” means a single subject area being measured by the [GED® Tests] Test.

(7)“Online Proctored” means the administration format for the Test whereby candidates can access

and complete the Test from a virtual location that meets the criteria and is delivered online and is continually monitored by a trained staff member of the Testing Service.

[(6)](8)—[(7)](9) (text unchanged)

(10)”Test” means the instrument given by a high school equivalency test program for the purpose of earning a Maryland High School Diploma.

(11) “Testing Service” means a contractor awarded to provide a high school equivalency test.

.02 [GED Testing®] High School by Examination Program Description.

A. The [GED ® Tests] High School by Examination program offers an alternate and acceptable way for an individual who [is older than the age required for compulsory school attendance set by Education Article, §7-301, Annotated Code of Maryland,] has not received a high school diploma is eligible pursuant to Regulation .04 of this chapter to earn a Maryland [high school diploma] High School Diploma.

B. Candidates who successfully complete [the GED® Tests] a Test are awarded a Maryland [high school diploma] High School Diploma by the State Board and the Department.

C. A successful [GED®] candidate may not be awarded any other Maryland [high school diploma] High School Diploma either by the State Board, the Department, or by a local school system.

.03 The [GED®] High School by Examination Tests — Scope and Content.

A. The [GED® Tests] Test will measure the major subject area skills required of a high school education as determined by[the national] a testing service [issuing GED instrument].

B. The [GED® Tests] Test will be offered in modules of each of the major subject areas and each module may be scheduled separately.

C. The [GED® Tests are] Test is given:

(1) [on] On a computer at an approved test center[.]; or,

(2) Online as permitted by the Department.

D. The State Board shall review and approve the State agreement with the Department and [the national] a testing service issuing the [GED® instrument] Test.

.04 Applicant Eligibility.

An applicant is eligible to take the [GED® Tests] Test if the applicant:

A. (text unchanged)

B. Is [older than the age requirement for] not subject to compulsory school attendance set by Education Article, §7-301, Annotated Code of Maryland; and

C. Either:

(1) Meets both of the following requirements:

(a) Has not obtained a Maryland [high school diploma] High School Diploma, or a high school certificate or, diploma or equivalency issued by another state or non-U.S. or correspondence school; and

(b) (text unchanged)

(2) Has obtained a Maryland High School Certificate of Program Completion in accordance with

COMAR [13A.03.02.09D.] 13A.03.02.09E; or

(3) Is enrolled in a GED Option Program.

.05 [Date, Time, and Place of Testing] Scheduling of Testing.

A. Various [GED®] test centers shall be operated throughout Maryland and online.

B. Scheduling of the [GED Tests] Test shall be done by the applicant via the internet. A link to the [national testing service issuing the GED® instrument, locations of test centers] Test application, schedule, and other pertinent information shall be posted on the Department's website [and be available from the GED® Testing Office at the Department].

.06 Requirements for Applying to Take the [GED® Tests] Test.

A. An applicant shall be required to demonstrate identity, age, and residency by providing one of the following at the [test center] time of testing:

(1)—(2) (text unchanged)

(3) A current official photo ID issued to an incarcerated individual, with name, current address, date of birth, and signature, by the Department of Juvenile Services, the Department of Public Safety and Correctional Services, or other residential facility accepted by the [State GED Administrator] Adult Education Director or the Director’s designee;

(4) A current official photo ID issued to an individual under supervision by the Department of Juvenile Services, with name, current address, date of birth, signature, and current residential address issued by [a residential facility] by the Department of Juvenile Services accepted by the [State GED Administrator] Adult Education Director or the Director’s designee;

(5) A current active duty military ID card for in person testing; [.]

(6) A valid passport and additional documentation that demonstrates residency in Maryland; or

(7) GED Option candidates may use a current school photo ID issued to an individual, with name, current address, date of birth, and signature approved by the Adult Education Director or the Director’s designee.

B. If none of the forms of identification and residency identified in §A of this regulation are attainable, prior to scheduling a [GED® test] Test, the applicant may apply to the Secretary for a waiver in accordance with the procedures set out in Regulation .18 of this chapter. The applicant shall provide to the [GED® Testing Office] Department one or more forms of identification which collectively show name, address, date of birth, signature, and photograph. If the Secretary or the Secretary’s designee is satisfied that the documentation of identification is authentic and valid, and the individual meets age and residency requirements, the Secretary may issue a waiver. The applicant shall present the documentation submitted to the Secretary in support of the waiver to the test center.

C. In addition to the documentation required in §A or B of this regulation, the applicant shall:

(1) Provide the applicant's signature verifying his or her identity and residency in Maryland [at the test center] at the time of testing;

(2) (text unchanged)

(3) For an applicant younger than 18 years [old or younger] of age, present to the [GED® Testing Office ] Department prior to the scheduling of a [GED® test] Test:

(a)—(c) (text unchanged)

.07 Fee Schedule.

A The Department shall establish a reasonable fee schedule for the scheduling of tests, issuance of diplomas and transcripts, and related costs associated with the administration of the [GED®] Test Program.

B. Only duplicate copies of official transcripts and diplomas may be issued with remittance of fee.

.08 Admission to the [GED®] Test Center.

A. Confirmation of test date and location shall be transmitted electronically to [GED®] candidates before the assigned test date.

B. (text unchanged)

.09 Minimum Score Requirements for Award of Maryland High School Diploma.

A. To qualify for a Maryland [high school diploma] High School Diploma by examination, a candidate shall earn the minimum passing score for each test module and the overall passing score for the entire battery of the [GED® Tests] Test established by the [national] testing service [issuing the GED® instrument].

B. Once a candidate receives a passing score on an individual module, that score [is] remains valid towards the achievement of a Maryland High School Diploma [for up to 60 months from the date taken or] until a new series of tests has been issued by the [national] testing service [issuing the GED® instrument, whichever comes first].

C. In the event that a new series of tests has been issued, the Secretary may determine how and for how long passing scores on the previous series can be applied to the achievement of a Maryland High School Diploma.

.10 Requirements for Retesting.

A. Candidates who have failed one or more modules of the [GED® Tests] Test and candidates who fail to report to the Test [center]on the assigned date may register for a retest/reschedule and [will] may be charged the applicable testing fee.

B. Candidates who are retested shall be administered a different form of the [GED® Tests] Test from that previously administered.

[C. There is a maximum number of test forms available from the national testing service issuing the GED® instrument in any 1-year period.

D. A candidate who has taken all forms of the Tests in a 1-year period is not eligible to retest until new forms of the GED® Tests are available from the GED® Testing Service. ]

[E.] C. (text unchanged)

.11 Permanent Record Changes.

A. Changes may not be made to a candidate’s record after the diploma has been awarded unless the changes are a result of an error on behalf of the [GED® Office] testing service or the Department or a legally verifiable name change [and can be verified as such].

B. The [State GED® Administrator] Adult Education Director or the Director’s designee shall make changes when the [Maryland GED® Testing Office] Department is known to be in error.

.12 Retention of Scores.

[A. Passing] All scores [that result in the issuance of a Maryland high school diploma] shall be retained in perpetuity by the [Maryland GED® Testing Office] Department.

[B. Passing, failing, and incomplete scores that do not result in the issuance of a Maryland high school diploma shall be retained by the Maryland GED® Testing Office for a period of up to 60 months. All scores will be retained by the Maryland GED® Testing Office for up to 60 months or until a new series of tests has been issued by the national testing service issuing the GED® instrument, whichever comes first. Upon the expiration of 60 months or with the issuance of a new test series, all scores attained on the previous series that did not result in the issuance of a diploma will expire.]

.13 [Foreign Language GED® Tests] Language Options for Test.

A. Each module of the [GED® Tests] Test, may be taken in [foreign languages] a selected language as available from the [national test service issuing the GED® instrument, except as indicated in §D of this regulation] Testing Service.

B. If a candidate chooses to take a module in a [foreign] selected language, the entire module must be taken in the same language.

C. Separate modules may be taken in different languages if available from the [national testing service issuing the GED® instrument] Testing Service.

[D. A candidate who chooses to take one or more modules in a selected foreign language must take the Reasoning Through Language Arts (RTLA) test module in English to demonstrate English proficiency. ]

[E.] D. A candidate who obtains passing scores on the [foreign] selected language tests [and on the RTLA test in English,] and who obtains the required overall passing score, shall be awarded a Maryland [high school diploma] High School Diploma.

.14 [Special Testing] Accommodations for Individuals with Disabilities.

A. Accommodations for candidates with disabilities shall be made available. Individuals who request [GED®] testing accommodations shall provide appropriate documentation of their disability and the need for the requested testing accommodations, prior to scheduling.

B. An individualized assessment of each request for testing accommodations shall be made based on the documentation provided and in accordance with the documentation policies of the [national testing service issuing the GED® instrument] Testing Service.

.15 [GED®] Tests Taken Out of State.

[Results of GED® Tests taken within the past 5 years at official GED® testing centers outside Maryland may be used for credit toward a Maryland high school diploma, if a GED® credential has not been issued and if the test results are from the same series as issued by the national testing service issuing the GED® instrument.] Candidates who have passed a Test module outside of Maryland may transfer those results for credit towards a Maryland High School Diploma if that Test module is a current, valid, approved exam within Maryland, and the Applicant has not previously been issued a high school diploma or credential.

.16 Testing for Individuals Whose High School Records Are Unobtainable.

A. An applicant, high school graduate, or nongraduate whose records are unobtainable may take the [GED® Tests] Test and be awarded a diploma without verification of school withdrawal required in Regulation .06C(3) of this chapter by:

(1) Making a written request to the [State GED® Administrator™] Adult Education Director; and

(2) (text unchanged)

B. Based on the facts and extenuating circumstances of each case, the [State GED® Administrator™] Adult Education Director or the Director’s designee has discretion to grant or deny requests to take the [GED® Tests] Test without official verification of school withdrawal.

.17 Test Security.

A. To protect the security of the tests, the integrity of the testing procedure, and the validity of test scores, the [State GED® Administrator™] Adult Education Director or the Director’s designee has authority to request from the Testing Service the[invalidate] invalidation and revocation of test scores and to require the candidate to retest.

B. Misrepresentation of information on the [ GED® Tests] Test application form may result in the revocation of the diploma.

C. Any violation of testing and test center policy may result in ejection from the test and test center [and invalidation of test scores] and may result in a revocation of test scores and the Maryland High School Diploma.

.18 Waivers.

A. Waivers to the requirements of Regulations .06(A) and .07 of this chapter are granted only by the Secretary or the Secretary’s designee in exceptional circumstances if it is in the candidate's best interest and in accordance with [GED®] testing standards.

B. If the candidate is a student with a disability who receives special education and related services from a public or nonpublic program, the candidate must request a waiver of withdrawal from the Secretary prior to registration which requires that:

(1) The waiver application to the Secretary or the Secretary’s designee shall include a copy of the student's current individualized education program indicating:

(a) That preparation for and taking of the [GED® Tests] Test is part of the student's transition plan pursuant to COMAR 13A.05.01.09A(3); and

(b) Any accommodations that the student may need for the [GED® Tests] Test;

(2) If it is necessary for the student to continue to attend school after the date of the filing of the waiver request in order to receive a free appropriate public education, the request shall indicate:

(a) That the student will withdraw from school before the [GED®] testing date; and

(b) (text unchanged)

(3) The request shall be appended with a release that:

(a) States that the parent has approved the waiver request and understands that receipt of a [GED® diploma] Maryland High School Diploma will conclude the student's eligibility for special education and related services;

(b)—(c) (text unchanged)

(4) Upon receipt of notice from the Department that the candidate has failed to pass the [GED® Tests] Test, the local school system shall convene an individualized education program team meeting pursuant to COMAR 13A.05.01.07—.08 to plan for:

(a) The student's resumption of special education and related services within 90 days of the [GED® Tests] Test date; and

(b) (text unchanged)

C. (text unchanged)

.19 Diplomas.

A. A Maryland [high school diploma] High School Diploma shall be awarded to all candidates who successfully complete the [GED® Tests] Test. Diplomas shall be awarded within [a month of successful Completion] a reasonable time period by the Department or its designee.

B. (text unchanged)

PORTIA WU
Secretary of Labor

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.07 Medical Day Care Services

Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-111, Annotated Code of Maryland

Notice of Proposed Action

[25-031-P]

The Secretary of Health proposes to amend Regulation .08 under COMAR 10.09.07 Medical Day Care Services.

Statement of Purpose

The purpose of this action is to implement an 8 percent rate increase for medical day care services, in accordance with the Fiscal Year 2024 Budget Bill and the Fair Wage Act of 2023 and a 3 percent rate increase for medical day care services, in accordance with the Fiscal Year 2025 budget allocations.

Estimate of Economic Impact

I. Summary of Economic Impact. The Fiscal Year 2025 budget allocation includes a 3 percent rate increase for Medical Day Care service providers. The total impact for Fiscal Year 2025 is $7,740,441.41.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:
Maryland Department of Health	(E+)	$7,740,441.41
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
Maryland Medicaid Medical Day Care Providers	(+)	$7,740,441.41
E. On other industries or trade groups:	NONE
F. Direct and indirect effects on public:	NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. (1) Effective July 1, 2024, Medical Day Care providers will receive a 3 percent rate increase;

(2) The average quarterly Medicaid expenditures for medical day care provider services for the two quarters prior to this change was $27,797,165.28;

(3) The projected quarterly Medicaid expenditures for medical day care provider services after the rate increase goes into effect is $29,732,275.64;

(4) The average quarterly increase in expenditures is $1,935,110.35; and

(5) The total estimated expenditure for Fiscal Year 2025 with the rate increase is $118,929,102.55. The total estimated expenditure for Fiscal Year 2025 without the rare increase is $111,188,661.00.

(6) $118,929,102.55 - $111,188,661.00 = $7,740,441.41 for an economic impact of $7,740,441.41 in Fiscal Year 2025.

D. See A. above.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small businesses. An analysis of this economic impact follows:

To the extend that small businesses are enrolled in the Maryland Medical Program as medical day care providers, they will benefit from the rate increase.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534, Baltimore, Maryland 21201, or call 410-767-0938, or email to mdh.regs@maryland.gov. Comments will be accepted through May 5, 2025. A public hearing has not been scheduled.

.08 Payment Procedures.

A.—C. (text unchanged)

D. Per Diem Rate.

(1) Payment to a medical day care services provider shall be as follows:

(a) (text unchanged)

(b) For dates of service from November 1, 2021 through June 30, 2022, $93.58 per diem; [and]

(d) For dates of service from January 1, 2024 through June 30, 2024, $113.19 per diem; and

(e) For dates of service on or after July 1, 2024, $116.59 per diem.

(2) (text unchanged)

E.—F. (text unchanged)

LAURA HERRERA SCOTT
Secretary of Health

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.48 Targeted Case Management for People with Developmental Disabilities

Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland

Notice of Proposed Action

[25-033-P]

The Secretary of Health proposes to amend Regulation .08 under COMAR 10.09.48 Targeted Case Management for People with Developmental Disabilities.

Statement of Purpose

The purpose of this action is to increase the reimbursement rate for Developmental Disabilities Administration (DDA) targeted case management (TCM) providers by 7.7 percent for Fiscal Year 2024 and 3 percent for Fiscal Year 2025 to align with the Governor’s Budget for Fiscal Years 2024 and 2025.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action implements a 3 percent increase in the reimbursement rate for Developmental Disabilities Administration (DDA) targeted case management (TCM) providers for Fiscal Year 2025. The total impact of this change in rates for Fiscal Year 2025 is $2,580,988.20.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:
Maryland Department of Health	(E+)	$2,580,988.20
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
DDA TCM Providers	(+)	$2,580,988.20
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.)

(1) Utilization of services covered under this chapter in Fiscal Year 2025 will remain consistent with Fiscal Year 2024 rates.

(2) Effective July 1, 2024, Developmental Disabilities Administration (DDA) targeted case management (TCM) providers will receive an increased reimbursement rate of 3 percent. The general rate is $28.33 per unit and the geographic differential rate is $29.83 per unit.

(3) In total, this rate increase reflects an estimated $2,580,988.20 total fund increase (50% general funds $1,290,494.10; 50% federal funds $1,290,494.10.

(4) The Fiscal Year 2024 7.7 percent rate increase has no impact on Fiscal Year 2025 as it was implemented in the previous year.

D. See A. above.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small businesses. An analysis of this economic impact follows:

There are currently 18 Targeted Case Management agencies that offer TCM services. Providers whose services are governed by this chapter of regulations and who qualify as small businesses may be affected by the regulation.

To the extent that Medicaid enrolled targeted case management providers qualify as small businesses, they will share in the benefit of this rate increase.

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with disabilities as follows:

Individuals with disabilities receive services provided under this chapter and will benefit to the extent that improved funding will enable providers to maintain quality services.

Opportunity for Public Comment

Comments may be sent to Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201 , or call 410-767-0938, or email to mdh.regs@maryland.gov . Comments will be accepted through May 5, 2025. A public hearing has not been scheduled.

.08 Payment Procedures.

A. (text unchanged)

B. Payment Rates.

(1)—(5) (text unchanged)

(6) For all other services rendered to Maryland Medicaid participants residing in counties other than those listed in §B(7) of this regulation, providers shall be reimbursed:

[(a) For dates of service July 1, 2022 through September 30, 2022, $24.56 per unit of service;

(b) For dates of service October 1, 2022 through December 31, 2022, $27.02 per unit; ]

[(c)] (a) For dates of service January 1, 2023 through June 30, 2023, $24.56 per unit; [and]

[(d)] (b) For dates of service July 1, 2023 through June 30, 2024, $25.54 per unit[.];

(c) For dates of service January 1, 2024 through June 30, 2024, $27.50 per unit; and

(d) For dates of service July 1, 2024 through June 30, 2025, $28.33 per unit.

(7) Providers rendering services to Maryland Medicaid participants residing in Calvert, Charles, Frederick, Montgomery, and Prince George’s counties shall be reimbursed:

[(a) For dates of service July 1, 2022 through September 30, 2022, $25.86 per unit;

(b) For dates of service October 1, 2022 through December 31, 2022, $28.45 per unit; ]

[(c)] (a) For dates of service January 1, 2023 through June 30, 2023, $25.86 per unit; [and]

[(d)](b) For dates of service July 1, 2023 through June 30, 2024, $26.89 per unit[.];

(c) For dates of service January 1, 2024 through June 30, 2024, $28.96 per unit; and

(d) For dates of service July 1, 2024 through June 30, 2025, $29.83 per unit.

C.—E. (text unchanged)

LAURA HERRERA SCOTT
Secretary of Health

Subtitle 28 BOARD OF EXAMINERS IN OPTOMETRY

Notice of Proposed Action

[25-026-P]

The Secretary of Health proposes to:

(1) Amend Regulation .03, amend and recodify existing Regulations .05—.07 to be Regulations .04—.06, adopt new Regulation .07, and repeal existing Regulation .08 under COMAR 10.28.03 Licensing of Optometrists;

(2) Amend Regulation .03 under COMAR 10.28.05 Inactive Status and Reinstatement of Expired Licenses;

(3) Amend Regulation .02 under COMAR 10.28.07 Fee Schedule;

(4) Amend Regulations .01—.03 and repeal existing Regulation .04 under COMAR 10.28.08 Licensure Eligibility: Out-of-State Applicants;

(5) Amend Regulation .04 under COMAR 10.28.11 Use of Diagnostic Pharmaceutical Agents; and

(6) Amend Regulation .02 under COMAR 10.28.12 Therapeutic Pharmaceutical Agents.

This action was considered by the Board of Examiners in Optometry at a public meeting held on May 29, 2024, notice of which was given by publication on the Board’s website at Pages—Board of Examiners in Optometry (maryland.gov) pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Add clarifying language;

(2) Add the criminal history records check requirement to licensure application procedures pursuant to Chs. 814 and 815, Acts of 2024;

(3) Amend examination requirements provided by the Board;

(4) Add license renewal requirements to regulations;

(5) Update requirements for a change of mailing address, legal name, or email address for licensees, including a fee for noncompliance;

(6) Add a fee for license verification;

(7) Clarify requirements for certification for therapeutic pharmaceutical agents; and

(8) Make other revisions and technical corrections as needed.

Estimate of Economic Impact

I. Summary of Economic Impact. The reasoning for the additional fees is:

(a) Noncompliance for changes to address/legal name: Most, if not all, health occupations boards charge this fee to assure compliance to keeping licensee contact information current; and

(b) License verification: This is to cover increased costs of processing verifications.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:
(1) Maryland Department of Health	(R+)	Indeterminable
(2) Maryland Department of Health	(R+)	Indeterminable
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
Licensees of the Board of Examiners in Optometry	(-)	Indeterminable
E. On other industries or trade groups:	NONE
F. Direct and indirect effects on public:	NONE

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A(1). The number of future verification requests is unknown

A(2). The number of licensees this will affect is unknown.

D(1). See A(1) and A(2) above.

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

10.28.03 [Examination and] Licensing of Optometrists

Authority: Health Occupations Article, §§11-205 and 11-302—11-308, Annotated Code of Maryland

.03 Application for Licensure.

A. (text unchanged)

B. The applicant shall submit the following information:

(1)—(4) (text unchanged)

(5) [A fee, established by the Board, which shall accompany the application] The application fee specified in COMAR 10.28.07;

(6) Satisfactory evidence of having completed a criminal history records check in accordance with Health Occupations Article, §11-302.1, Annotated Code of Maryland; and

[(6)] (7) (text unchanged)

C.—D. (text unchanged)

[.05] .04 [Form of the] Examination.

[A. The Board shall require and give any combination of written, oral, clinical, and practical examination.

B. Subjects for Examination. The following subjects may be included in the written, oral, clinical, and practical examinations:

(1) Optometric jurisprudence;

(2) Theoretic optics;

(3) Ophthalmic optics;

(4) Physiological and psychological optics;

(5) Optometry—theoretic and practical;

(6) Visual fields;

(7) Clinical examination;

(8) Anatomy (ocular and general);

(9) Physiology (ocular and general);

(10) Pathology (ocular and general);

(11) Vision training and orthoptic training;

(12) Contact lenses;

(13) Low vision;

(14) Tonometry;

(15) Biomicroscopy;

(16) Pharmacology;

(17) Physiology;

(18) Developmental vision;

(19) Primary care.]

[C.] A. The Board [may] shall require candidates for licensure to take [all or part of] and pass the National Board of Examiners in Optometry’s [written] (NBEO) exam, including the Treatment and Management of Ocular Disease (TMOD) Examination and clinical exam sections [examinations].

[D. A candidate for licensure, other than a candidate qualified under Health Occupations Article, §11-305, Annotated Code of Maryland, shall obtain a score of 300 on the basic science part, a score of 300 on the clinical science part, and a score of 300 on the patient care part of the National Board of Examiners in Optometry (NBEO) examinations.]

[E.] B. A candidate for licensure shall obtain a [grade] minimum score of 75 percent on the Maryland Board of Examiners in Optometry jurisprudence examination.

[.07] .06 License Renewal.

[A license holder shall pay to the Board every 2 years, on or before July 1 of the renewal year, a fee for renewal to be established by the Board.]

A. The Board may not renew a license until the Comptroller of Maryland has verified that the individual has paid all undisputed taxes and unemployment insurance contributions, or arranged for repayment, as required by COMAR 10.31.02.

B. A licensee shall renew the license every 2 years, on or before July 1 of the renewal year.

C. The Board shall send each licensee a renewal notice that states the:

(1) Date on which the current license expires;

(2) Latest date by which the renewal application and documentation can be received by the Board in order for the renewal license to be issued before the current license expires; and

(3) Amount of the renewal fee as specified in COMAR 10.28.07.02.

D. At least 30 days before the current license or registration expires, the Board shall send the renewal notice by electronic means or first-class mail to the last known electronic or physical address of the licensee.

E. The failure to receive a renewal notice does not excuse a licensee from complying with §B of this regulation.

F. Licensees shall satisfactorily complete the minimum continuing education requirements set forth under COMAR 10.28.02.

G. After the expiration date of the license, the optometrist is no longer licensed to practice optometry in the State.

.07 Change of Mailing Address, Legal Name, or Email Address.

A. A licensed optometrist shall give the Board written notice within 30 days of a change of:

(1) Mailing address;

(2) Legal name; or

(3) Email address if the licensee has previously submitted an email address to the Board.

B. Failure to notify the Board of any change of mailing address, legal name, or email address within 30 days of the change may result in a $50 fee as set forth under COMAR 10.28.07.02.

10.28.05 Inactive Status and Reinstatement of Expired Licenses

Authority: Health Occupations Article, §11-310, Annotated Code of Maryland

.03 Reinstatement of Expired License.

A. Any optometrist whose license has been expired for less than 5 years and who has not been put on inactive status may apply for reinstatement of [his] their license. The Board may reinstate the license if the optometrist:

(1)—(2) (text unchanged)

(3) Pays to the Board the fee for the same number of [years] renewal cycles lapsed plus $50.

B. (text unchanged)

10.28.07 Fee Schedule

Authority: Health Occupations Article, §§11-205, 11-207, and 11-302—11-308, Annotated Code of Maryland

.02 Fees.

The following non-refundable fees are established by the Board:

A. (text unchanged)

B. Biennial renewal license fee [(payable upon biennial notification)] — $600;

[C. Partial waiver application fee (applicants licensed in another state for 3 or more years) — $300;]

[D.] C. Inactive license fee [(those licensed in the State, but not in active practice). Fee to be placed on inactive status] — $250;

[E.] D. (text unchanged)

[F.] E. Reinstatement fee (payable after failure to renew license for less than 5 years). Licensee shall also pay renewal fees for number of [years] renewal cycles lapsed — $50;

[G.] F. Reinstatement fee to active licensure (payable to change from inactive status to active status licensure) — $100[.];

G. Fee for failure to maintain correct mailing address, name, or email address with the Board — $50; and

H. License verification fee (per state or entity) — $25.

10.28.08 [Partial Waiver of Examination] Licensure Eligibility: Out-of-State Applicants

Authority: Health Occupations Article, §§11-205 and 11-302—11-308, Annotated Code of Maryland

.01 Definition.

A. (text unchanged)

B. Term Defined. “Active practice” means practices optometry for at least a total of 500 hours within 3 consecutive years, immediately before applying for licensure.

.02 Application.

A. An applicant for licensure under [these regulations] this chapter shall:

(1) [Shall complete] Complete and submit to the Board an application;

(2) [Shall pay] Pay the application fee required by COMAR 10.28.07.02; and

(3) [Shall submit] Submit proof that the applicant meets the requirements of Health Occupations Article, §11-305, Annotated Code of Maryland.

B. An applicant shall submit the following documentation with the application:

(1) [Copy] A copy of a current license from another state;

(2)—(3) (text unchanged)

(4) An affidavit from the other state licensing board attesting that the applicant has met the continuing education requirements for the state in which the applicant has been practicing; and

(5) Proof of the equivalent of 3 years of continuing education hours as required of optometrists in Maryland in courses approved by the Board if the other state does not require continuing education hours[; and].

[(6) Documentation approved by the Board that at the time the applicant was licensed in the other state, the applicant met the educational standards then required to sit for the Maryland licensure examination.]

.03 Examination.

An approved applicant for licensure under [these regulations] this chapter shall:

A. [be] Be given a [written] Maryland Board of Examiners in Optometry jurisprudence examination [in Maryland optometric law.]; and

B. Obtain a minimum score of 75 percent.

10.28.11 Use of Diagnostic Pharmaceutical Agents

Authority: Health Occupations Article, §§11-101, 11-205, and 11-404, Annotated Code of Maryland

.04 Renewal of Certification.

A.—C. (text unchanged)

D. The Board shall grant 3 continuing education [credit] hours for CPR recertification courses per biennial license renewal.

10.28.12 Therapeutic Pharmaceutical Agents

Authority: Health Occupations Article, §§11-101, 11-205, 11-302—11-309, 11-401.1, 11-404, and 11-404.1, Annotated Code of Maryland

.02 Requirements for Certification.

A. Except for an optometrist who qualifies under [§B or C] §C or D of this regulation, the Board shall certify an optometrist licensed to practice in Maryland as qualified to use TPAs if the licensed optometrist submits to the Board evidence satisfactory to the Board that the optometrist:

(1) (text unchanged)

(2) Has successfully passed the National Board of Examiners in Optometry's (NBEO) exam, including the Treatment and Management of Ocular Disease (TMOD) Examination and clinical exam sections; and

(3) Is currently certified by the Board to administer topical ocular DPAs[; and].

[(4) Has successfully completed 8 hours of Board-approved and accredited courses in the management of topical steroids, which includes anterior segment pharmacological treatment.]

B. The Board may consider pharmacology courses that an optometrist successfully completed during a course of study at an accredited school of optometry recognized by the Board when calculating the 110 hours of Board-approved TPA education required under §§A(1) and D(1) of this regulation. If accepted by the Board, then each:

(1) Semester credit hour will equal 15 hours of TPA education; and

(2) Quarter credit hour will equal 10 hours of TPA education.

[B.] C. (text unchanged)

[C.] D. If an optometrist who has graduated on or after July 1, 2005, from an accredited school of optometry recognized by the Board, is not certified within 3 years of graduation, the Board shall certify the optometrist to use TPAs if the optometrist:

(1) (text unchanged)

(2) Has successfully passed [a pharmacology exam under §A(2) of this regulation] the National Board of Examiners in Optometry's (NBEO) exam, including the Treatment and Management of Ocular Disease (TMOD) Examination and clinical exam sections; and

(3) (text unchanged)

[D. The Board may consider pharmacology courses that an optometrist successfully completed during a course of study at an accredited school of optometry recognized by the Board when calculating the 110 hours of Board-approved TPA education required under §§A(1) and C(1) of this regulation. If accepted by the Board, then each:

(1) Semester credit hour will equal 15 hours of TPA education; and

(2) Quarter credit hour will equal 10 hours of TPA education.]

E. (text unchanged)

LAURA HERRERA SCOTT
Secretary of Health

Errata

COMAR 11.07.07

At 52:1 Md. R. 42 (January 10, 2025), column 1, lines 27—29 from the top:

For: 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.

Read: A. (text unchanged)

COMAR 33.15.03

At 51:26 Md. R. 1215 (December 27, 2024), column 1, lines 4—6 from the top:

For: (iv) (text unchanged)

Read: [(iii)] (iv) (text unchanged)

COMAR 33.21.07

At 52:1 Md. R. 42 (January 10, 2025), column 1, lines 11 —12 from the bottom:

For: A. In General. The ballot rejection reasons specified in COMAR 33.11.05.03—.07 apply to canvassing vote-by-mail ballots.

Read: A. (text unchanged)

At 52:1 Md. R. 42 (January 10, 2025), column 1, lines 1—2 from the bottom:

For: [(1)](2) The local board shall reject a vote-by-mail ballot if the voter cast a ballot in a voting center.

Read: [(1)](2) (text unchanged)

Special Documents

MARYLAND DEPARTMENT OF HEALTH

MARYLAND HEALTH CARE COMMISSION

The Maryland Health Care Commission proposes quality measures for Home Health Agencies (HHAs), Hospitals, Nursing Homes and Residential Service Agencies (RSAs) to be used in a 2025 Certificate of Need (CON) home health review.

The purpose of this action is to provide the public with the proposed quality measures that if approved by the Commission will be used in a 2025 CON home health review and solicit any comments on the measures.

Comments may be sent to the Health Facilities Coordinator at the Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or email (mhcc.confilings@maryland.gov). Comments will be accepted through May 5, 2025.

Summary

Consistent with COMAR 10.24.16.06D and COMAR 10.24.16.07, quality measures and performance levels are posted for public comment and approved by the Maryland Health Care Commission (MHCC or Commission) before they can be used for a Certificate of Need (CON) review. The performance-related qualifications necessary will vary by type of applicant as described in COMAR 10.24.16.07B-D. A potential applicant’s performance is determined based on publicly reported data on the applicable CMS Care Compare websites and, for Maryland nursing homes, the Maryland-specific family experience of care survey on the Maryland Quality Reporting website.

Medicare-Certified HHA Applicants may qualify to apply for a CON by achieving both of the following performance levels from October 2024 CMS Home Health Care Compare data set which reflects the approximate period July 1, 2023, to June 30, 2024 (some measures vary):

(1) Quality of Patient Care (QOPC) Overall star rating equal to or better than the Maryland State average of 3.5 stars; and

(2) Home Health Consumer Assessment of Health Care Providers and Systems (HHCAHPS®) Survey Summary Overall star rating equal to or better than the Maryland State average of 4.0 stars.

Hospital Applicants may qualify to apply for a CON to establish an HHA in Maryland by scoring at least the Maryland state average on both CMS Hospital Overall star ratings for the most recent three consecutive 2022, 2023 and 2024 October datasets. The data represents the years 2021 to 2024 approximately, but some measures vary. Applicants must have a Quality of Patient Care (QOPC) Overall star rating equal to or better than the Maryland State average of 3.0 stars for all three years; and Hospital Consumer Assessment of Health Care Providers and Systems (HCAHPS®) Survey Summary star rating equal to or better than the Maryland State average of 3.0 stars, for all three years.

Nursing Home Applicants may qualify to apply for a CON to establish an HHA in Maryland by achieving a performance score that is equal to or greater than the Maryland average on the CMS Care Compare Nursing Home Overall star ratings for the most recent three consecutive years.

For this review cycle, the Maryland state average Nursing Home Overall star ratings for each of the three most recent consecutive years on the respective CMS October data sets, 2022, 2023, and 2024 reflecting approximately July 1, 2021, to June 30, 2024 (some measures vary) are as follows:

(1) Quality of Patient Care (QOPC) Overall Nursing Home star rating equal to or better than the Maryland State average as follows: 3 stars in 2022; 3 stars in 2023; and 3 stars in 2024.

A Maryland nursing home is also required to achieve and maintain the Maryland average rating on the Maryland-specific Experience of Care (EOC) Survey for the measure which asks respondents to rate the nursing home on a scale of 1 to 10 (with 10 being the most satisfied). For this review cycle, the three most recent Maryland EOC surveys comprise data for calendar years 2021, 2022, and 2023.

(2) Maryland-specific Experience of Care Survey equal to or better than the Maryland State average as follows: 7.5 in CY 2021; 7.2 in CY 2022; and 7.3 in CY 2023.

In addition, all the Maryland nursing homes with which the applicant has any common ownership must have achieved, on average, the same minimum performance-related requirements.

Maryland Residential Service Agency (RSA) Applicants may qualify to apply for a CON to establish an HHA in Maryland by demonstrating a track record of providing good quality of care. This is achieved by documenting that it has operated and provided skilled nursing services for at least three years, has established a system for collecting data that includes systematic collection of process, outcome and experience of care measures, and has maintained accreditation through a deeming authority recognized by the Maryland Department of Health for at least the three most recent years of operation, consistent with COMAR 10.24.16.07D(1). RSA applicants must submit data to the Commission to document ability to monitor the required quality measures and performance levels.

[25-07-05]

DEPARTMENT OF NATURAL RESOURCES

FISHING AND BOATING SERVICES

Public Notice: 2024-2025 Commercial Yellow Perch—Closure of Upper Bay – Effective 3/13/2025

WHAT THIS NOTICE DOES

The Secretary of the Maryland Department of Natural Resources announces the closure of the 2024-2025 commercial yellow perch fishery in the Upper Bay, effective 12:01 a.m. Thursday, March 13, 2025.

The Chester River and Patuxent River yellow perch fisheries will remain open through March 31, 2025. If the harvest target for the Chester River or Patuxent River is projected to be met prior to March 31, 2025, that area will be closed by public notice.

WHY THIS IS NECESSARY

This action is necessary because the Department is projecting that the annual commercial harvest target for the Upper Bay will be met.

WHO THIS NOTICE AFFECTS

This applies to all commercially licensed and permitted individuals who harvest yellow perch in the Upper Bay.

AUTHORITY

Code of Maryland Regulations 08.02.21.04

FOR FURTHER INFORMATION CONTACT:

Fishing and Boating Services at 410-260-8293

Josh Kurtz
Secretary of Natural Resources

[25-07-14]

FISHING AND BOATING SERVICES

Public Notice: 2024—2025 Commercial Yellow Perch - Closure of Chester River - Effective 3/8/2025

WHAT THIS NOTICE DOES

The Secretary of the Maryland Department of Natural Resources announces the closure of the 2024-2025 commercial yellow perch fishery on the Chester River, effective 12:01 a.m. Saturday, March 8, 2025.

The Upper Bay and Patuxent River yellow perch fisheries will remain open through March 31, 2024. If the harvest target for either area is projected to be met prior to March 31, 2024, that area will be closed by public notice.

WHY THIS IS NECESSARY

This action is necessary because the Department is projecting that the annual commercial harvest target on the Chester River will be met.

WHO THIS NOTICE AFFECTS

This applies to all commercially licensed and permitted individuals who harvest yellow perch on the Chester River.

AUTHORITY

Code of Maryland Regulations 08.02.21.04

FOR FURTHER INFORMATION CONTACT:

Fishing and Boating Services at 410-260-8293

Josh Kurtz
Secretary of Natural Resources

[25-07-13]

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Actions Taken at the March 13, 2025 Meeting

AGENCY: Susquehanna River Basin Commission

ACTION: Notice.

SUMMARY: As part of its regular business meeting held on March 13, 2025, in Harrisburg, Pennsylvania the Commission approved the applications of certain water resources projects and took additional actions, as set forth in the Supplementary Information below.

DATES: March 13, 2025.

ADDRESSES: Susquehanna River Basin Commission, 4423 N. Front Street, Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary, telephone: (717) 238-0423, ext. 1312, fax: (717) 238-2436; e-mail: joyler@srbc.gov. Regular mail inquiries may be sent to the above address. See also the Commission website at www.srbc.gov.

SUPPLEMENTARY INFORMATION: The Commission took the following actions at its March 13, 2025 business: (1) Adopted Resolution 2025-01 to adopt a general permit, GP-04 relating to Into Basin Diversions of Water; 2) Tabled Resolution 2025-02 related to an update to its 2015 Dry Cooling Resolution until the June 2025 business meeting; and 3) Approved and/or tabled 39 actions on 24 regulatory program projects as listed below.

Project Applications Approved:

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: 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.

11. 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.

12. 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).

13. 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).

14. 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).

15. 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.

16. 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).

17. 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).

18. 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).

19. 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).

20. 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).

21. 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).

22. 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).

23. 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.

Project Tabled:

1. 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.

Authority: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806, 807, and 808.

Dated: March 18, 2025

Jason E. Oyler

General Counsel and Secretary to the Commission

[25-07-11]

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water

AGENCY: Susquehanna River Basin Commission.

ACTION: Notice.

SUMMARY: This notice lists Approvals by Rule for projects by the Susquehanna River Basin Commission during the period set forth in DATES.

DATES: February 1 – 28, 2025.

ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA 17110-1788.

FOR FURTHER INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: joyler@srbc.gov. Regular mail inquiries may be sent to the above address.

SUPPLEMENTARY INFORMATION: This notice lists the projects, described below, receiving approval for the consumptive use of water pursuant to the Commission’s approval by rule process set forth in 18 CFR §806.22 (f) for the time period specified above.

Approvals By Rule - Issued Under 18 CFR 806.22(f):

1. RENEWAL - Expand Operating LLC; Pad ID: Greenzweig (GU C Pad); ABR-201407004.R2; Herrick Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 16, 2025.

2. RENEWAL - Expand Operating LLC; Pad ID: NR-27-COLEMAN EAST-PAD; ABR-20141007.R2; Oakland Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 16, 2025.

3. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: Knight 271-1H; ABR-20090912.R3; Jackson Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: February 16, 2025.

4. Seneca Resources Company, LLC; Pad ID: Goodwin 6139; ABR-202502001; Charleston Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 16, 2025.

5. RENEWAL - Coterra Energy Inc.; Pad ID: Diaz Family P1; ABR-201409002.R2; Brooklyn Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 21, 2025.

6. RENEWAL - Coterra Energy Inc.; Pad ID: Hoover P1; ABR-20090937.R3; Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 21, 2025.

7. RENEWAL - Coterra Energy Inc.; Pad ID: HunsingerA P1; ABR-20090931.R3; Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 21, 2025.

8. RENEWAL - Coterra Energy Inc.; Pad ID: LernerG P1; ABR-201408011.R2; Ararat Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 21, 2025.

9. RENEWAL - Coterra Energy Inc.; Pad ID: ShieldsG P1; ABR-20090930.R3; Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 21, 2025.

10. RENEWAL - Coterra Energy Inc.; Pad ID: StraussE P1; ABR-201409005.R2; Harford Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 21, 2025.

11. RENEWAL - Expand Operating LLC; Pad ID: Carty Pad Site; ABR-20090916.R3; Liberty Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 21, 2025.

12. RENEWAL - Expand Operating LLC; Pad ID: Markovitch Pad Site; ABR-20090828.R3; Bridgewater Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 21, 2025.

13. RENEWAL - Expand Operating LLC; Pad ID: RU-06 FLOHS-PAD; ABR-201410012.R2; Great Bend Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 21, 2025.

14. RENEWAL - Expand Operating LLC; Pad ID: RU-47-KARMAZIN-PAD; ABR-201410006.R2; Jackson Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 21, 2025.

15. RENEWAL - Expand Operating LLC; Pad ID: RU-71-BLUE BECK-PAD; ABR-201410003.R2; Jackson Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 21, 2025.

16. RENEWAL - Pennsylvania General Energy Company, L.L.C.; Pad ID: Pine Hill West Pad B; ABR-20090929.R3; Sylvania Township, Potter County, Pa.; Consumptive Use of Up to 4.9000 mgd; Approval Date: February 21, 2025.

17. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: Becker 404; ABR-20090909.R3; Jackson Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: February 21, 2025.

18. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: Stefanowich 269-1H; ABR-20090911.R3; Jackson Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: February 21, 2025.

19. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: Wheeler 268-1H; ABR-20090829.R3; Jackson Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: February 21, 2025.

20. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: White 262-1H; ABR-20090910.R3; Jackson Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: February 21, 2025.

21. RENEWAL - Seneca Resources Company, LLC; Pad ID: Neal 134D; ABR-20090731.R3; Richmond Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 21, 2025.

22. RENEWAL - EXCO Resources (PA), LLC; Pad ID: Bower Unit #1H Drilling Pad; ABR-20090815.R3; Penn Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 24, 2025.

23. RENEWAL - EXCO Resources (PA), LLC; Pad ID: Kensinger Unit Drilling Pad #1; ABR-20090922.R3; Penn Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 24, 2025.

24. RENEWAL - EXCO Resources (PA), LLC; Pad ID: Maguire Unit Drilling Pad #1; ABR-20090923.R3; Watson Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 24, 2025.

25. RENEWAL - EXCO Resources (PA), LLC; Pad ID: Warburton Unit #1H Drilling Pad; ABR-20090816.R3; Penn Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 24, 2025.

26. RENEWAL - EQT ARO LLC; Pad ID: C.O.P. TRACT 343 PAD C; ABR-20090908.R3; Noyes Township, Clinton County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 26, 2025.

27. RENEWAL - EQT ARO LLC; Pad ID: WW Litke #1H; ABR-20090817.R3; Curtin Township, Centre County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 26, 2025.

28. RENEWAL - EXCO Resources (PA), LLC; Pad ID: Falk Unit #1H; ABR-20090920.R3; Penn Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 26, 2025.

29. RENEWAL - EXCO Resources (PA), LLC; Pad ID: Poor Shot Unit Drilling Pad #1; ABR-20090925.R3; Anthony Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 26, 2025.

30. RENEWAL - EXCO Resources (PA), LLC; Pad ID: Spotts Unit Drilling Pad #1; ABR-20090921.R3; Mifflin Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 26, 2025.

31. RENEWAL - EXCO Resources (PA), LLC; Pad ID: Stroble Unit Drilling Pad #1; ABR-20090924.R3; Mifflin Township, Lycoming County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 26, 2025.

32. RENEWAL - Expand Operating LLC; Pad ID: NR-04-DIAZ PAD; ABR-201411002.R2; New Milford Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 26, 2025.

33. RENEWAL - Expand Operating LLC; Pad ID: RU-51-WHITEHEAD-PAD; ABR-201409003.R2; Jackson Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 26, 2025.

34. RENEWAL - Formentera Operations LLC; Pad ID: Reitz Well Pad; ABR-201410008.R2; Eldred Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 26, 2025.

35. RENEWAL - LPR Energy, LLC ; Pad ID: Hutton Unit #1H; ABR-20090518.R3; Chest Township, Clearfield County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: February 26, 2025.

36. RENEWAL - Pennsylvania General Energy Company, L.L.C.; Pad ID: Pine Hill 1941 A-B; ABR-20090926.R3; Wharton Township, Potter County, Pa.; Consumptive Use of Up to 4.9000 mgd; Approval Date: February 26, 2025.

37. RENEWAL - Expand Operating LLC; Pad ID: Duffield; ABR-20091213.R3; Tuscarora Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 27, 2025.

38. RENEWAL - Expand Operating LLC; Pad ID: Miller; ABR-20091211.R3; Towanda Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 27, 2025.

39. RENEWAL - Expand Operating LLC; Pad ID: Micks Pad Site; ABR-20090938.R3; Forest Lake Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: February 28, 2025.

40. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: Allen 264; ABR-20091007.R3; Jackson Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: February 28, 2025.

41. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: Cooper 400; ABR-20091013.R3; Tioga Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: February 28, 2025.

42. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: DCNR 587 (02 009); ABR-20091024.R3; Ward Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: February 28, 2025.

43. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: KNIGHTS (01 024) L; ABR-20091025.R3; Troy Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: February 28, 2025.

44. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: Ostrander 412; ABR-20091009.R3; Jackson Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: February 28, 2025.

45. RENEWAL - Seneca Resources Company, LLC; Pad ID: Cascarino 443; ABR-20100222.R3; Shippen Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 28, 2025.

46. RENEWAL - Seneca Resources Company, LLC; Pad ID: Cole 236; ABR-20090936.R3; Sullivan Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 28, 2025.

47. RENEWAL - Seneca Resources Company, LLC; Pad ID: Empson 235-1H; ABR-20090914.R3; Sullivan Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 28, 2025.

48. RENEWAL - Seneca Resources Company, LLC; Pad ID: Pazzaglia 507; ABR-20091003.R3; Rutland Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 28, 2025.

49. RENEWAL - Seneca Resources Company, LLC; Pad ID: Sampson 147 1H-3H; ABR-20090824.R3; Charleston Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 28, 2025.

50. RENEWAL - Seneca Resources Company, LLC; Pad ID: Sherman 234-1H; ABR-20090935.R3; Sullivan Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: February 28, 2025.

Authority: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.

Jason E. Oyler,

General Counsel and Secretary to the Commission.

Dated: March 18, 2025

[25-07-12]

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 24-WQC-0038

Eastern Shore Natural Gas Company

500 Energy Lane, Suite 200

Dover, Delaware 19901

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 Water Quality Certification 24-WQC-0038.

Location: 5.5 miles along Sussex Highway (US-13), Connelly Mill Rd, and the Norfolk Southern Railroad in the Salisbury area of Wicomico County, Maryland.

The purpose of the project is to construct approximately 5.5 miles of 10-inch natural gas pipeline in the Salisbury area of Wicomico County, Maryland. This project, the Worcester Resiliency Upgrade - Salisbury Loop, will use Horizontal Directional Drilling (HDD) to install the proposed natural gas pipeline. The project will use HDD to cross Leonard Pond Run, Peggy Branch, Brewington Branch, and adjacent nontidal wetlands. These tributaries drain towards the Wicomico River watershed, a Use I waterway.

The WQC and its attachments may be viewed at the following link:

https://mde.maryland.gov/programs/water/WetlandsandWaterways/Pages/Salisbury-Loop-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 a 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 an 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: Alex Vazquez at alex.vazquez@maryland.gov or 410-537-3541.

[25-07-17]

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 24-WQC-0040

Maryland Coastal Bays Program

c/o Billy Weiland

8219 Stephen Decatur Hwy

Berlin, MD 21811

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-0040

Location: 11800 Marsh View Ln Berlin, MD 21811

The purpose of the project is to control shoreline erosion and to create habitat.

Description of Authorized Work:

1. Construct 4 segmented headland breakwaters with cobble toes measuring between 139 and 282 feet long and between 35 and 58 feet wide, all associated with a tombolo style living shoreline with segmented headland breakwaters extending 143 to 275 feet channelward of the mean high water line;

2. Fill and grade with approximately 3,825.7 cubic yards of sand and 2,475.3 cubic yards of stone for tombolo/habitat construction and plant with 6,749 square feet of low marsh vegetation, 34,047 square feet of high marsh vegetation, and 8,450 square feet of dune vegetation.
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: Miles Simmons at robertm.simmons@maryland.gov or at 410-901-4044.

[25-07-16]

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 24-WQC-0046

Maryland Department of Transportation, State Highway Administration

Attn: Ms. Nora Bucke

707 North Calvert Street

Baltimore, MD 21202

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 Water Quality Certification 24-WQC-0046.

Location: The project is located on US 219 between Cash Valley Road and approximately 650 feet northeast of Mt. Pleasant Lane, Garrett County

The purpose of the replacement and realignment of Bridge No. 1102400 on US 219 over the Youghiogheny River Project is to is to improve the transportation network in Garrett County, which includes addressing structural deficiencies at the existing crossing of US 219 over the Youghiogheny River and improving roadway safety by upgrading the US 219 bridge to be American Association of Highway Transportation Officials (AASHTO) compliant. The project consists of replacing the existing Bridge No. 1102400 and realigning the existing roadway, relocating the Youghiogheny River, realigning and restoring a tributary to the Youghiogheny River, constructing wetlands on-site, relocating existing utilities, installing stormwater management facilities, and using temporary erosion and sediment controls.

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: Emily Dolbin at Emily.Dolbin@maryland.gov or 410-537-3745.

[25-07-18]

General Notices

Notice of ADA Compliance

The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings. Anyone planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

STATE COLLECTION AGENCY LICENSING BOARD

Subject: Public Meeting

Date and Time: May 13, 2025, 2 p.m.—3 p.m. Thereafter, the public meetings will take place on 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: https://tel.meet/ahz-mgnk-jsu?pin=1097700804795
Add'l. Info: If necessary, the Board will convene in a closed session to seek the advice of counsel or review confidential materials, pursuant to General Provisions Article, Maryland Annotated Code §3-305.

Contact: Ayanna Daugherty 410-230-6019

[25-07-19]

COMMISSION ON STATE DEBT

Subject: Public Meeting (virtual only)

Date and Time: April 11, 2025, 10 a.m.—12 p.m.

Place: Virtual meeting, to register click on the following link: https://events.gcc.teams.microsoft.com/event/4b60a30e-f571-4a01-8f6b-c15f53936cfa@1030cfe7-eed8-4fba-ae42-f0bdefc37482 (also available on the Treasurer’s website)

Add’l. Info: Annual meeting to recommend a State tax rate on real and personal property.

Contact: Debt Management Division 410-260-7155

[25-07-20]

MARYLAND DEPARTMENT OF HEALTH

Subject: Public Meeting

Date and Time: May 1, 2025, 9 a.m — 1 p.m

Place: Virtual meeting — please see details below:

Add'l. Info: Please be advised that the May 1, 2025, the Pharmacy and Therapeutics (P&T) Committee public meeting will be conducted virtually via a Webinar. As soon as available, classes of drugs to be reviewed, speaker registration guidelines, and procedure to register to attend the virtual meeting will be posted on the Maryland Pharmacy Program website at:
https://health.maryland.gov/mmcp/pap/Pages/Public-Meeting-Announcement-and-Procedures-for-Public-Testimony.aspx.

Contact: Sierra Roberson 410-767-1455

[25-07-02]

MARYLAND HEALTH CARE COMMISSION

Subject: Formal Start of Review

Info:
The Maryland Health Care Commission (MHCC) hereby gives notice of docketing of the following application for Certificate of Need:

Foundations Inpatient LLC (“Foundations Inpatient”)– Docket No. 24-03-2471 Foundations Inpatient LLC (“Foundations Inpatient”) notified Maryland Health Care Commission (the“Commission”) of the intent to open a 40 bed Level III.7 Medically Monitored Intensive Inpatient (“Level III.7 MMII”) program at 7131 Rutherford Road, Windsor MD 21244 (“Rutherford”). Project Budget: $753,348.

MHCC shall review the applications under Maryland Health-General Code Annotated, Section 19-101 et seq., COMAR 10.24.01, and the applicable State Health Plan standards. Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the application(s). All further notices of proceedings on the application(s) will be sent only to affected persons who have registered as interested parties.

Persons desiring to become interested parties in the Commission’s review of the above- referenced application(s) must meet the requirements of
COMAR 10.24.01.01B(20) and (2) and must also submit written comments to the Commission at: mhcc.confilings@maryland.gov no later than close of business May 5, 2025. These comments must state with particularity the State Health Plan standards or review criteria that you believe have not been met by the applicant(s) as stated in COMAR 10.24.01.08F.

Please refer to the Docket Number listed above in any correspondence on the application(s). Copies of the application are available for review in the office of MHCC during regular business hours by appointment. All correspondence should be addressed to:
Wynee Hawk, Director
Center for Health Care Facilities and Planning Maryland Health Care Commission
4160 Patterson Avenue
Baltimore, Maryland 21215
Contact: Deanna Dunn 410-764-3276

[25-07-07]

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: April 24, 2025, 10 a.m.—12 p.m.

Place: Montgomery Park Business Center, 1800 Washington Blvd. Ste 330, Baltimore, MD

Add'l. Info: The Commission meeting will now be in person and virtual. The link will be available on the website the day of the meeting. https://www.mdgaming.com/commission-meeting-4-24-2025/

Contact: Kathy Lingo 410-230-8790

[25-07-06]

DEPARTMENT OF VETERANS AFFAIRS/
MARYLAND VETERANS COMMISSION

Subject: Public Meeting

Date and Time: April 15, 2025, 10:30a.m.—1:00p.m.

Place: 1401 Severn St Building C, Suite C250, Baltimore, MD

Contact: Denise Nooe 410-260-3840

[25-07-01]