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Maryland Register
Issue Date: April 18, 2025
Volume 52 • Issue 8 • Pages 347 —394
IN THIS ISSUE
Governor
General Assembly
Judiciary
Regulations
Errata
Special Documents
General Notices
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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before March 31, 2025 5 p.m.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 31, 2025.
Gail S. Klakring
Administrator, Division of State Documents
Office of the Secretary of State
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Information About the Maryland Register and COMAR
MARYLAND REGISTER
The Maryland Register is an official State publication published every
other week throughout the year. A cumulative index is published quarterly.
The Maryland Register is the temporary supplement to the Code of
Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment,
repeal, or emergency action, must first be published in the Register.
The following information is also published regularly in the Register:
• Governor’s Executive Orders
• Attorney General’s Opinions in full text
• Open Meetings Compliance Board Opinions in full text
• State Ethics Commission Opinions in full text
• Court Rules
• District Court Administrative Memoranda
• Courts of Appeal Hearing Calendars
• Agency Hearing and Meeting Notices
• Synopses of Bills Introduced and Enacted
by the General Assembly
• Other documents considered to be in the public interest
CITATION TO THE
MARYLAND REGISTER
The Maryland Register is cited by volume, issue, page number, and date.
Example:
• 19:8 Md. R. 815—817 (April 17,
1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register
issued on April 17, 1992.
CODE OF MARYLAND
REGULATIONS (COMAR)
COMAR is the official compilation of all regulations issued by agencies
of the State of Maryland. The Maryland Register is COMAR’s temporary
supplement, printing all changes to regulations as soon as they occur. At least
once annually, the changes to regulations printed in the Maryland Register are
incorporated into COMAR by means of permanent supplements.
CITATION TO COMAR
REGULATIONS
COMAR regulations are cited by title number, subtitle number, chapter
number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10,
Subtitle 08, Chapter 01, Regulation 03.
DOCUMENTS INCORPORATED
BY REFERENCE
Incorporation by reference is a legal device by which a document is made
part of COMAR simply by referring to it. While the text of an incorporated
document does not appear in COMAR, the provisions of the incorporated document
are as fully enforceable as any other COMAR regulation. Each regulation that
proposes to incorporate a document is identified in the Maryland Register by an
Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or
Repealed, found online, also identifies each regulation incorporating a
document. Documents incorporated by reference are available for inspection in
various depository libraries located throughout the State and at the Division
of State Documents. These depositories are listed in the first issue of the
Maryland Register published each year. For further information, call
410-974-2486.
HOW TO RESEARCH REGULATIONS
An
Administrative History at the end of every COMAR chapter gives information
about past changes to regulations. To determine if there have been any
subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted,
Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf.
This table lists the regulations in numerical order, by their COMAR number,
followed by the citation to the Maryland Register in which the change occurred.
The Maryland Register serves as a temporary supplement to COMAR, and the two
publications must always be used together. A Research Guide for Maryland
Regulations is available. For further information, call 410-260-3876.
SUBSCRIPTION
INFORMATION
For subscription forms for the Maryland Register and COMAR, see the back
pages of the Maryland Register. Single issues of the Maryland Register are $15.00
per issue.
CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS
Maryland citizens and other interested
persons may participate in the process by which administrative regulations are
adopted, amended, or repealed, and may also initiate the process by which the
validity and applicability of regulations is determined. Listed below are some
of the ways in which citizens may participate (references are to State
Government Article (SG),
Annotated
Code of Maryland):
• By submitting data or views on proposed
regulations either orally or in writing, to the proposing agency (see
‘‘Opportunity for Public Comment’’ at the beginning of all regulations
appearing in the Proposed Action on Regulations section of the Maryland
Register). (See SG, §10-112)
• By petitioning an agency to adopt, amend,
or repeal regulations. The agency must respond to the petition. (See SG
§10-123)
• By petitioning an agency to issue a
declaratory ruling with respect to how any regulation, order, or statute
enforced by the agency applies. (SG, Title 10, Subtitle 3)
• By petitioning the circuit court for a
declaratory judgment
on
the validity of a regulation when it appears that the regulation interferes
with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)
• By inspecting a certified copy of any
document filed with the Division of State Documents for publication in the
Maryland Register. (See SG, §7-213)
Maryland
Register (ISSN 0360-2834).
Postmaster: Send address changes and other mail to: Maryland Register, State
House, Annapolis, Maryland 21401. Tel. 410-260-3876. Published biweekly, with
cumulative indexes published quarterly, by the State of Maryland, Division of
State Documents, State House, Annapolis, Maryland 21401. The subscription rate
for the Maryland Register is $225 per year (first class mail). All
subscriptions post-paid to points in the U.S. periodicals postage paid at
Annapolis, Maryland, and additional mailing offices.
Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Tracey A. Johnstone, Editor,
Maryland Register; Tarshia N.
Neal, Subscription Manager; Tami
Cathell, Help Desk, COMAR and Maryland Register Online.
Front cover: State House,
Annapolis, MD, built 1772—79.
Illustrations by Carolyn Anderson, Dept. of General Services
Note: All
products purchased are for individual use only. Resale or other compensated
transfer of the information in printed or electronic form is a prohibited
commercial purpose (see State Government Article, §7-206.2, Annotated Code of
Maryland). By purchasing a product, the buyer agrees that the purchase is for
individual use only and will not sell or give the product to another individual
or entity.
Closing Dates for the Maryland
Register
Schedule of Closing Dates and
Issue Dates for the
Maryland Register ..................................................................... 350
COMAR Research Aids
Table
of Pending Proposals ........................................................... 351
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
08 Department
of Natural Resources ............................. 362, 364
09 Maryland
Department of Labor ................................. 357, 371
10 Maryland
Department of Health ........................................ 357
13A State
Board of Education ........................................... 372, 376
14 Independent
Agencies ............................................... 359, 377
20 Public
Service Commission ............................................... 382
25 Office
of the State Treasurer ............................................. 361
30 Maryland Institute for Emergency Medical Services
Systems (MIEMSS) ....................................................... 385
PERSONS
WITH DISABILITIES
Individuals
with disabilities who desire assistance in using the publications and services
of the Division of State Documents are encouraged to call (410) 974-2486, or
(800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.
The Governor
EXECUTIVE
ORDER 01.01.2025.09
PROCLAIMING AN EXTENDED
SESSION OF THE MARYLAND GENERAL ASSEMBLY 353
EXECUTIVE
ORDER 01.01.2025.10
ENSURING SUCCESS WITH
ADVANCED CLEAN CARS II 353
The General Assembly
SYNOPSIS NO. 5
House Bills . 355
Senate Bills . 355
The
Judiciary
SUPREME
COURT OF MARYLAND
DISCIPLINARY PROCEEDINGS…………………….356
Final
Action on Regulations
09 MARYLAND DEPARTMENT OF
LABOR
REAL
ESTATE COMMISSION
Fees . 357
10 MARYLAND DEPARTMENT OF
HEALTH
HOSPITALS
Assisted Living Programs . 357
FOOD
Food
Service Facilities . 358
MARYLAND HEALTHCHOICE PROGRAM
Maryland Medicaid Managed
Care Program: MCO Application 359
Maryland Medicaid Managed
Care Program: Managed Care Organizations 359
Maryland Medicaid Managed
Care Program: Access . 359
Maryland Medicaid Managed
Care Program: Benefits . 359
Maryland Medicaid Managed
Care Program: Sanctions 359
14 INDEPENDENT AGENCIES
PRESCRIPTION DRUG AFFORDABILITY BOARD
General Provisions . 359
General Provisions . 359
Policy Review, Final
Action, Upper Payment Limits . 359
25 OFFICE OF THE STATE
TREASURER
TREASURY
MANAGEMENT
Local Government
Investment Guidelines and Reporting Requirements and Regulation 361
Policy Regarding the
Investment of Public Money by the State of Maryland 361
Proposed
Action on Regulations
08 DEPARTMENT OF NATURAL
RESOURCES
FISHERIES
SERVICE
Shellfish—General 362
Fishing Licenses—Point
Assignment, License Revocation and Suspension Schedule and Criteria, and
Hearing Procedure 364
09 MARYLAND DEPARTMENT OF
LABOR
HOUSEHOLD GOODS MOVERS
General
Regulations . 371
13A STATE BOARD OF
EDUCATION
SCHOOL
PERSONNEL
Comprehensive Teacher
Induction Program .. 372
Programs for
Professionally Licensed Personnel 376
14 INDEPENDENT AGENCIES
PUBLIC EMPLOYEE RELATIONS BOARD
Collective
Bargaining 377
INTERAGENCY
COMMISSION ON SCHOOL CONSTRUCTION
Terminology . 377
Administration of the
Public School Construction
Program .. 377
20 PUBLIC SERVICE
COMMISSION
SERVICE
SUPPLIED BY ELECTRIC COMPANIES
Engineering . 382
Small Generator Facility
Interconnection Standards . 383
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
DESIGNATION
OF TRAUMA AND SPECIALTY REFERRAL CENTERS
Trauma Center Designation
and Verification Standards . 385
Adult and Pediatric Burn
Center Standards . 385
Pediatric Trauma Center
Standards . 385
Neurotrauma Center
Standards . 385
Designated Primary Stroke
Center Standards . 385
Perinatal and Neonatal
Referral Center Standards . 385
Hand and Upper Extremity
Trauma Center Standards . 385
Designated Acute Stroke
Ready Center 385
COMMERCIAL
AMBULANCE SERVICES
Eligibility, Application,
and License Renewal 387
Errata
COMAR
10.52.12 . 389
Special
Documents
DEPARTMENT
OF THE ENVIRONMENT
SUSQUEHANNA RIVER BASIN
COMMISSION
Public
Hearing . 390
WATER AND SCIENCE
ADMINISTRATION .. 391
Water
Quality Certification 24-WQC-0027 . 391
Water
Quality Certification 25-WQC-0003 . 391
General
Notices
BOARD OF PUBLIC ACCOUNTANCY
Public
Meeting . 393
Public
Hearing . 393
COMMISSION ON CRIMINAL SENTENCING POLICY
Public
Meeting . 393
Notice of Receipt of a
Letter of Intent and Review to Operate an Ambulatory Surgical Facility (ASF) 393
MARYLAND HEALTH CARE COMMISSION
Receipt
of Application for Proposed Project Change to Approved Exemption Request 393
MARYLAND
DEPARTMENT OF HEALTH
Public
Meeting . 393
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.
|
|
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
08.02.08.09,.12 • 52:2 Md. R 362 (4-18-25)
08.02.13.03,.05,.08 • 52:2 Md. R 364 (4-18-25)
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)
09.13.06.07, .09,
.12 • 52:7 Md. R. 329
(4-4-25)
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
• 52:2 Md. R 371
(4-18-25)
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
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 (2-7-25)
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 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)
Subtitles 53—68 (6th volume)
10.67.01.01 • 52:3 Md. R. 166 (2-7-25)
10.67.06.13 • 52:3 Md. R. 166 (2-7-25)
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.07.01,.01—.07,.09
• 52:8 Md. R.372
(4-18-25)(ibr)
13A.07.06,.03
• 52:8 Md. R 376
(4-18-25)(ibr)
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
14.01.04.05
• 51:25
Md. R. 1140 (12-13-24)
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)
14.30.13.01 • 52:8 Md. R 377 (4-18-25)
14.35.18.03,.04 • 51:17 Md. R. 789 (8-23-24)
14.39.01.01
• 52:8 Md. R 377
(4-18-25)
14.39.02 .04, .05, .07—.09, .12—.18,.20, .32,.33 • 52:8 Md. R 377 (4-18-25)
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)
20.50.02.02 • 52:8 Md. R 382 (4-18-25)(ibr)
20.50.09.02,.06,.14 • 52:8 Md. R 383 (4-18-25)
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)
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 SYSTEMS (MIEMSS)
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)
30.08.05 .03 •
52:8 Md. R 385 (4-18-25)
30.08.06.01 • 52:8 Md. R 385 (4-18-25)
30.08.08.02 • 52:8 Md. R 385 (4-18-25)
30.08.10.01 • 52:8 Md. R 385 (4-18-25)
30.08.11.01 • 52:8 Md. R 385 (4-18-25)
30.08.12.03 • 52:8 Md. R 385 (4-18-25)
30.08.14.02 • 52:8 Md. R 385 (4-18-25)
30.08.18.01 • 52:8 Md. R 385 (4-18-25)
30.09.04.08 • 52:8 Md. R 387 (4-18-25)
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)
The Governor
EXECUTIVE ORDER 01.01.2025.09
PROCLAIMING AN EXTENDED SESSION OF THE MARYLAND GENERAL
ASSEMBLY
WHEREAS, The Budget Bill for Fiscal Year
2026 has not been finally acted upon by the Maryland General Assembly seven
days before the expiration of the 2025 regular legislative session; and
WHEREAS, Article III, Section 52 (10) of
the Maryland Constitution provides that under these circumstances the Governor
shall issue a proclamation extending the Session for a period as may, in the
Governor’s judgment, be necessary to allow for the passage of the Budget Bill;
and
WHEREAS, No matter other than the Budget
Bill shall be considered during such extended Session except a provision for
the cost thereof.
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF
THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE
CONSTITUTION AND THE LAWS OF MARYLAND, DO HEREBY PROCLAIM THAT THE 2025 REGULAR
SESSION OF THE MARYLAND GENERAL ASSEMBLY IS HEREBY EXTENDED, COMMENCING AT
MIDNIGHT ON MONDAY, APRIL 7, 2025 IN THE STATE CAPITAL IN THE CITY OF ANNAPOLIS
FOR THE PURPOSE OF PASSING THE STATE BUDGET BILL. THIS EXTENSION MAY NOT EXCEED TEN DAYS, OR
SUCH OTHER PERIOD AS SPECIFIED BY AMENDMENT TO THIS EXECUTIVE ORDER.
GIVEN Under My Hand and the Great Seal of the State of
Maryland, in the City of Annapolis, effective this 31st Day of March,
2025.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
EXECUTIVE ORDER 01.01.2025.10
ENSURING SUCCESS WITH ADVANCED CLEAN
CARS II
AND ADVANCED CLEAN TRUCKS IN MARYLAND
WHEREAS, In 2023, Maryland adopted the
Advanced Clean Cars II (ACC II) and Advanced Clean Trucks (ACT) regulations,
which were
established by the California Air Resources Board
(CARB), pursuant to Section 177 of the federal Clean Air Act;
WHEREAS, ACC II and ACT aim to reduce motor
vehicle emissions of criteria pollutants and greenhouse gases in order to
protect public health and the environment, and to help Maryland advance the
State's climate goals;
WHEREAS, Original Equipment Manufacturers
(OEMs) in Maryland are concerned about the Zero Emission Vehicle (ZEV)
requirements of ACC II and ACT that require manufacturers of
passenger cars, light duty trucks, and medium- and heavy-duty vehicles to
produce and deliver for sale an increasing percentage of ZEVs;
WHEREAS, Although OEMs have numerous
compliance flexibilities to meet the ZEV percentage requirements under
ACC II and ACT, such as banking, trading, and pooling of credits, OEMs have
asserted that the ZEV requirements will be too difficult to meet in Maryland,
and there are indications that the policies of the current federal Administration
will greatly impact ACC II and ACT compliance, including the effect of trade
tariffs on manufacturers;
WHEREAS, The current federal administration
has held back state funding for the National Electric Vehicle
Infrastructure Program (NEVI); and
WHEREAS, The Moore-Miller Administration
remains committed to successful implementation of the State's clean car
and truck programs, but recognizes that temporary short-term measures are
necessary to ensure the programs' long-term success, including maximizing near-term
enforcement discretion to ease compliance by OEMs and establishing a working
group to study and make recommendations on how the ACC II and ACT programs can
be successfully implemented in Maryland.
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF
THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE
CONSTITUTION AND LAWS OF MARYLAND, HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER,
EFFECTIVE IMMEDIATELY:
A. Enforcement
Discretion. The Maryland Department of the Environment shall work with OEMs
to ease the burdens created by the current federal Administration on ACC II and
ACT compliance, including by, but not limited to, the following:
(1) Maximizing the
Department's use of enforcement discretion as necessary and appropriate to ease
compliance with ACC II and ACT standards, including:
(a) For the ACT standards,
declining to pursue penalties associated with any ZEV delivery or sales
shortfalls for Model Year 2027, and declining to pursue penalties for shortfalls
in Model Year 2028 unless the Department publishes the Needs Assessment and
Deployment Plan required by the Clean Trucks Act of 2023 by December 1, 2025;
(b) For the ACC II
standards, declining to pursue penalties associated with any ZEV delivery
shortfalls for Model Year 2027 and Model Year 2028 unless the Department is
carrying out voluntary agreements with OEMs collectively representing at least
40% of the State's market share for passenger car and light truck vehicles subject
to ACC II; and
(c) Discretion to decline
the application of enforcement provisions under ACT and ACC II associated with
any ZEV delivery shortfalls for Model Year 2027 and Model year 2028;
(2) Making any regulatory
changes permitted by the Clean Air Act to ease any compliance burdens caused by
changes in federal policy; and
(3) Continuing to work
with CARB and other states that adopted CARB regulations under Section 177 to
counter the harmful impacts of the current federal administration's
policies.
B. Establishment. There
is hereby established a Maryland ACC II and ACT Working Group ("Working
Group").
C. Purpose. The Working Group shall develop recommendations for
how the ACC II and ACT programs can be successfully implemented in
Maryland.
D. Membership. The
Working Group shall consist of no more than 15 members including:
(1) The Secretary of the
Environment, or the Secretary's designee;
(2) The Secretary of
Transportation, or the Secretary's designee;
(3) The Chief
Sustainability Officer;
(4) One member of the
Senate of Maryland, appointed by the President of the Senate;
(5) One member of the
House of Delegates, appointed by the Speaker of the House;
(6) One representative
from OEMs, appointed by the Governor;
(7) One representative
from the Maryland Automobile Dealers Association, appointed by the
Governor;
(8) One representative
from the Maryland Truck Association, appointed by the Governor;
(9) Three representatives from Maryland environmental organizations,
appointed by the Governor; and
(10) Additional members
appointed at the discretion of the Governor.
E. Chair. The
Governor, or the Governor's designee, shall Chair the Working
Group.
F. Meetings of the
Working Group.
(1) The Working Group
shall meet as often as its duties require, but no less than monthly.
(2) The Chair may convene
meetings of the Working Group and shall preside over the meetings.
(3) The Working Group may
establish ad hoc committees that meet in between the Working Group's
official monthly meetings.
G. Reporting. The
Working Group shall submit a final report detailing its findings and
recommendations to the Governor and General Assembly by December 31,
2025.
H.
Administration.
(1) The Department of the
Environment shall provide staff for the Working Group.
(2) Members of the Working
Group may not receive any compensation for their services, but may be
reimbursed for their reasonable expenses incurred in the performance of
duties in accordance with the State Standard Travel Regulations and
as provided in the State budget.
I. Implementation.
This Executive Order shall be implemented in a manner that is
consistent with all applicable statutes and regulations. Nothing in this
Executive Order shall operate to contravene any State or federal law or
to affect the State's receipt of federal funding.
GIVEN Under My Hand and the Great
Seal of the State of Maryland,• the City of Annapolis, this 4th day of
April, 2025.
WES MOORE
Governor
ATTEST:
SUSAN C. LEE
Secretary of State
The General Assembly
For additional up-to-date information
concerning bills introduced in the General Assembly, log on to http://mlis.state.md.us and click on Bill Information and Status. You may then enter a specific bill number for
information about that bill. You may
also click on Senate Synopsis or House Synopsis for the most recent synopsis
list for each house, or click on Synopsis Index for a listing of all bill
synopses since the beginning of the legislative session.
SYNOPSIS NO. 5
House Bills
HB1557 Del Feldmark. Program to Protect Individuals Unemployed or
Furloughed Due to Federal Actions – Establishment.
HB1558 Del Kipke, et al. Election Law - State Elected Officials -
Fundraising Activities During General Assembly Session.
Senate Bills
SB1047 Sen Gallion. Election Law - State Elected Officials -
Fundraising Activities During General Assembly Session.
The JudiciarySUPREME COURT OF MARYLAND
DISCIPLINARY PROCEEDINGS
This is to certify that by an Order of this Court dated
March 21, 2025,PATRICK LEWIS WOJAHN (CPF# 0212190308), As of March 21, 2025, Patrick Lewis
Wojahn has been disbarred effective immediately, and his name has been stricken
from the register of attorneys in this Court. Notice of this action is given in
accordance with Maryland Rule 19-761(b).
* * * * * * * * * *
This is to certify that by an Order of this Court dated
March 21, 2025, FERRIAL HUSSEIN LANTON (CPF# 1212120152), As of March 21, 2025, Ferrial Hussein
Lanton has been immediately suspended, effective immediately, and his name has
been stricken from the register of attorneys in this Court. Notice of this
action is given in accordance with Maryland Rule 19-761(b).
* * * * * * * * * *
This is to certify that by an Order of this Court dated
March 27, 2025, FRANCIS H. KOH (CPF# 0312160412), As of March 27, 2025, Francis H. Koh
name has been replaced on the register of attorneys permitted to practice law
in the Supreme Court of Maryland. Notice of this action is given in accordance
with Maryland Rule 19-761(b).
* * * * * * * * * *
This is to certify that by an Order of this Court dated
March 31, 2025, JAMES FLEMING DRUMMOND, JR. (CPF# 8706010116) As of March 31, 2025, James Fleming
Drummond, Jr. has resigned, effective immediately and his name has been
stricken from the register of attorneys in this Court. Notice of this action is
given in accordance with Maryland Rule 19-735(e).
* * * * * * * * * *
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 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 11 REAL
ESTATE COMMISSION
09.11.09 Fees
Authority: Business Occupations and Professions Article, §§17-213 and
17-403; Business Regulation Article, §§2-106.3 and 2-106.4;
Annotated Code of Maryland
Notice of Final Action
[24-075-F]
On September 18, 2024, the Maryland Real Estate Commission adopted
amendments to Regulation .02 under COMAR 09.11.09 Fees. This
action, which was proposed for adoption in 51:15 Md. R. 713—14 (July 26, 2024),
has been adopted as proposed.
Effective Date: April 28, 2025.
DONNA HORGAN
Chair, Maryland Real Estate Commission
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 07
HOSPITALS
10.07.14 Assisted Living Programs
Authority: Health-General Article, Title 19, Subtitle 18, Annotated
Code of Maryland
Notice of Final Action
[24-225-F]
On March 21, 2025, the Acting Secretary of Health repealed
existing Regulations .01—.64 and
adopted new Regulations .01—.65 under COMAR 10.07.14 Assisted Living
Programs. This action, which was proposed for adoption in 52:2 Md. R.
82—119 (January 24, 2025), has been adopted with the nonsubstantive changes
shown below.
Effective Date: April 28, 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 10.07.14.02 adds
clarification to the definition of “Incident,” “Involuntary seclusion,” and
“Personal
representative.”
COMAR 10.07.14.06 obligates the Office of Health Care Quality
(OHCQ) to report misleading or false advertising to the Office of the Attorney
General, Division of Consumer Protection, instead of the proposed text which
allowed for discretion.
COMAR 10.07.14.15 adds clarification that an assisted living
manager for level 3 programs can possess any one of the three options for
education and experience.
COMAR 10.07.14.16 adds clarification that the assisted living
program manager must complete the 80-hour training course within 6 months and
cannot be endlessly enrolled.
COMAR 10.07.14.20 adds clarification that a check of the federal
Department of Health and Human Services, Office of the Inspector General’s List
of Excluded Individuals/Entities database shall be performed for new hires.
COMAR 10.07.14.38 adds clarification that a physician must order a
restraint, consistent with Health General 19-1805(a)(8)(vii), Annotated Code of
Maryland; adds clarification when a resident is under the care of a general
hospice care program, but is physically located in an assisted living program,
the general hospice program and the assisted living program must comply with
COMAR 10.07.14,10.07.21, and federal regulations.
COMAR 10.07.14.63 and 10.07.14.64 adds clarification that OHCQ, not
the assisted living manager, will notify the Long-Term Care Ombudsman Program
in the event of emergency suspension/revocation of a license.
.02 Definitions.
A. (proposed text unchanged)
B. Terms Defined.
(1)—(38) (proposed text unchanged)
(39) “Incident” means:
(a)—(e) (proposed text unchanged)
(f) An error or omission in medication or treatment which may
result in harm to the resident; [[ or]]
(g) An emergency situation or natural disaster[[.]];
or
(h) Any other event that results in death, permanent harm, or
severe temporary harm.
(40)—(43) (proposed text unchanged)
(44) Involuntary Seclusion.
(a) “Involuntary seclusion” means the separation of a resident
from others or from the resident’s room or confinement to the resident’s
room with or without roommates, against the resident’s will or the will of
the resident representative.
(b) (proposed text unchanged)
(45)—(61) (proposed text unchanged)
(62) “Personal representative” means an individual appointed by
the court with the duties and authority to settle and distribute the estate of
the decedent consistent with Estates and Trusts Article, §7-401, Annotated
Code of Maryland.
(63)—(87) (proposed text unchanged)
.06 Restrictions.
A. (proposed text unchanged)
B. Advertising an Assisted Living Program.
(1) (proposed text unchanged)
(2) Misleading or False Advertising.
(a)—(b) (proposed text unchanged)
(c) The Department [[may]] shall report misleading or
false advertising to the Office of the Attorney General, Division of Consumer
Protection.
C.—F. (proposed text unchanged)
.15 Assisted Living Manager.
A. Qualifications.
(1) (proposed text unchanged)
(2) The assisted living manager shall at a minimum:
(a)—(b) (proposed text unchanged)
(c) For level 3 licensed programs, have:
(i) A 4-year, college-level degree; or
(ii)—(iii) (proposed text unchanged)
(d)—(h) (proposed text unchanged)
(3) (proposed text unchanged)
B.—C. (proposed text unchanged)
.16 80-Hour Assisted Living Manager Training Course.
A.—D. (proposed text unchanged)
E. The training requirements of §A of this regulation do not
apply to an individual who:
(1) Is employed by a program and has enrolled in a
Department-approved manager training course that the individual [[expects to complete]] completes within 6
months;
(2)—(4) (proposed text unchanged)
F. (proposed text unchanged)
.20 Personnel Records.
The assisted living program shall maintain the following
information for each staff member:
A.—L. (proposed text unchanged)
M. Documentation of appropriate licensure or certification as
required by law; [[and]]
N. Documentation of all required training and courses[[.]];
and
O. Documentation that a check of the federal Department of
Health and Human Services, Office of the Inspector General’s List of Excluded
Individuals/Entities database was conducted prior to hiring.
.38 Restraints.
A.—C. (proposed text unchanged)
D. Improper Use of Physical Restraints. Residents may not
be physically restrained:
(1) (proposed text
unchanged)
(2) If a restraint is not ordered by a [[health care practitioner]] physician to treat the resident’s symptoms or medical conditions.
E. Restraint Orders.
(1) Any restraint shall be ordered by a [[health care practitioner]] physician and shall specify:
(a)—(c) (proposed text unchanged)
(2)—(4) (proposed text unchanged)
(5) If an order for the use of a restraint is to be continued,
the order shall be renewed at least every 7 calendar days by a [[health care practitioner]] physician.
(6) The delegating nurse shall provide training to staff in the
appropriate use of the restraint ordered by the [[health care practitioner]] physician.
F.—G. (proposed text unchanged)
H. When the resident is under the care of a general
hospice care program licensed by the Department and is physically located in an
assisted living program licensed by the Department, the general hospice program
and the assisted living program shall comply with the requirements of this
chapter, COMAR 10.07.21, and
federal regulations.
.63 Emergency Suspension.
A. —C. (proposed text unchanged)
D. When a license is suspended by emergency action:
(1)—(3) (proposed text unchanged)
(4) The [[assisted living manager or
alternate assisted living manager]]
OHCQ shall immediately notify the following entities of the emergency
action:
(a)—(b) (proposed text unchanged)
E.—H. (proposed text unchanged)
.64 Revocation of License.
A.—B. (proposed text unchanged)
C. The assisted living manager or their designee shall:
(1) (proposed text unchanged)
(2) Make every reasonable effort to assist residents and
resident representatives in making safe and appropriate discharge plans,
including to other licensed assisted living programs[[; and
(3) Immediately]].
D. OHCQ shall notify the following entities of the
revocation:
(a) Ombudsman within the Department of Aging or local area
agency on aging; and
(b) Local Department of Human Services or Adult Protective
Services.
[[D.]] E.—[[E.]]F.
(proposed text unchanged)
RYAN B. MORAN, DRPH, MHSA
Acting Secretary
Subtitle 15 FOOD
10.15.03 Food Service Facilities
Authority: Health General Article, §§18-102, 21-101, 21-102,
21-211, 21-234, 21-301, 21-330.1, Annotated Code of Maryland
Notice of Final Action
[24-189-F]
On April 8, 2025, the Acting Secretary of Health adopted amendments
to Regulation .27 under COMAR 10.15.03 Food Service Facilities.
This action, which was proposed for adoption in 51:25 Md. R. 1151—1152
(December 13, 2024), has been adopted as proposed.
Effective Date: April 28, 2025.
RYAN B. MORAN, DRPH, MHSA
Acting Secretary of Health
Subtitle 42 BOARD OF
SOCIAL WORK EXAMINERS
10.42.06 Continuing Education Requirements
Authority: Health Occupations Article, §§1-101(b) and (j), 19-205,
and 19-308, Annotated Code of Maryland
Notice of Final Action
[24-236-F]
On March 25, 2025, the Acting Secretary of Health adopted
amendments to Regulations .02 and .05 under COMAR 10.42.06
Continuing Education Requirements. This action, which was proposed for
adoption in 52:3 Md. R. 168—169 (February 7, 2025), has been adopted as
proposed.
Effective Date: April 28, 2025.
RYAN B. MORAN, DRPH, MHSA
Acting Secretary
Subtitle 67 MARYLAND
HEALTHCHOICE PROGRAM
Notice of Final Action
[24-210-F]
On April 8, 2025, the Acting Secretary of Health adopted:
(1) Amendments to Regulations .03
and .08 under COMAR 10.67.03 Maryland Medicaid Managed Care Program:
MCO Application;
(2) Amendments to Regulations .03-2, .18, and .19
under COMAR 10.67.04 Maryland Medicaid Managed Care Program: Managed Care
Organizations;
(3) Amendments to Regulation .05-1
under COMAR 10.67.05 Maryland Medicaid Managed Care Program: Access;
(4) Amendments to Regulation .27
under COMAR 10.67.06 Maryland Medicaid Managed Care Program: Benefits; and
(5) Amendments to Regulation .02
under COMAR 10.67.10 Maryland Medicaid Managed Care Program: Sanctions.
This action, which was proposed for adoption in 51:26 Md. R.
1202—1203 (December 27, 2024), has been adopted as proposed.
Effective Date: April 28, 2025.
RYAN B. MORAN, DRPH, MHSA
Acting Secretary of Health
14 INDEPENDENT AGENCIES
Subtitle 01
PRESCRIPTION DRUG AFFORDABILITY BOARD
Notice of Final Action
[24-221-F]
On March 24, 2025, the Maryland Prescription Drug Affordability
Board adopted:
(1) Amendments to Regulation .01 under COMAR 14.01.01
General Provisions;
(2) New Regulation .06 under COMAR 14.01.01 General
Provisions; and
(3) New Regulations .01—.09 under a new chapter, COMAR
14.01.05 Policy Review, Final Action, Upper Payment Limits.
This action, which was proposed for adoption in 52:1 Md. R. 33—40
(January 10, 2025), has been adopted with the nonsubstantive changes shown
below.
Effective Date: April 28, 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 14.01.01.06B(2), C(2), and F:
This change removes the descriptor “staff” in front of “designee” to
clarify the broad scope and replaces “staff member designated by the Chair”
with “designee” for consistency. This
change is clarifying and does not significantly alter any benefit or burden
under the regulation as initially proposed.
COMAR 14.01.05.05B(2)(d):
This change clarifies that “[w]hen recommending [non-UPL] policy
options, Board staff may analyze the” “possible implementation of the [non-UPL]
policy option“ “through legislation, regulation or enforcement.” As the
comments observed, the Board’s primary authority to address affordability
challenges is limited to upper payment
limits (UPL). This change clarifies that, consistent with that authority, when
assessing a non-UPL policy option, how such an option could be implemented may
include any necessary legislation, regulatory or enforcement considerations.
This change is clarifying and does not significantly alter any benefit or
burden under the regulation as initially proposed but COMAR
14.01.05.05B(2)—(4): This change corrects the misnumbered sections.
COMAR 14.01.05.05C(2)(c)—(e): In consideration of several comments,
and in the interest of clarity and symmetry, this change adds three provisions
already contained in COMAR 14.01.05.05B(2) (describing items staff may analyze
in recommending a non-UPL policy) to COMAR 14.01.05.05C(2) (describing items
staff may analyze in recommending UPL policy).
Specifically, this change adds the strengths and weaknesses and
potential impacts of the UPL policy (items already discussed in the supply
chain report) and the possible implementation of the UPL policy through
legislation, regulation or enforcement as considerations that may be analyzed
in recommending a UPL policy option.
Under these regulatory procedures a UPL may be established through
notice and comment rulemaking. This
change does not significantly alter any benefit or burden under the regulation
as initially proposed but provides symmetry between the non-UPL policy options
and UPL policy option responsive to the comments.
COMAR 14.01.05.05C(2)(c)—(d): This change renumbers these sections
to (f)—(g) to accommodate the additions above.
COMAR 14.01.05.06A, B and D:
This change replaces the term “methodology” and “methodologies” with
“framework” and “frameworks.” This neutral language clarifies that a
“framework” reflects a broad analytical approach to analyzing and calculating
an upper payment limit amount rather than a prescribed rigid method for
performing the analysis. This change in
terminology is for clarity and does not significantly alter any benefit or
burden under the regulation as initially proposed.
14.01.01 General Provisions
Authority: Health-General Article, §21–2C–03(f)(1), Annotated Code
of Maryland
.06 Hearing Procedures.
A. (proposed text unchanged)
B. General Hearing
Provisions.
(1) (proposed text unchanged)
(2) Conducting a Quasi-Legislative Hearing.
(a) A hearing held under this regulation is quasi-legislative
and may be conducted or presided over by:
(i) (proposed text unchanged)
(ii) [[A staff member designated by the Chair]]
Designee.
(b) The Chair or [[staff]]
designee shall determine the conduct of the hearing, including:
(i)—(ii) (proposed text unchanged)
(c) The Chair or [[staff]] designee
may:
(i)—(iii) (proposed text unchanged)
(d) (proposed text unchanged)
(e) If an exhibit is offered and is relevant to the hearing, the
Chair or [[staff]] designee shall receive and mark
the exhibit offered in testimony.
(f) Unless the Chair or [[staff]]
designee believes that an oath provides some assurance of veracity, formality,
or decorum to the hearing, the Chair or [[staff]]
designee may dispense with the formality of an oath.
(g) The Chair or [[staff]]
designee has discretion to:
(i)—(ii) (proposed
text unchanged)
C. Informational Hearings.
(1) (proposed text unchanged)
(2) Conducting an
Informational Hearing.
(a) (proposed text unchanged)
(b) The Chair or [[staff]] designee
shall give all persons who register to speak an opportunity to do so but may
limit repetitious testimony.
(c) The Chair or [[staff]] designee
may:
(i)—(iv) (proposed text unchanged)
(d) (proposed text unchanged)
D.—E. (proposed text unchanged)
F. Hearing Record.
(1) The Chair or [[staff]] designee
controls the record.
(2) The Chair or [[staff]] designee
shall assemble a record that may include the following:
(a)—(f) (proposed text unchanged)
(3) (proposed text unchanged)
14.01.05 Policy
Review, Final Action, Upper Payment Limits
Authority: Health-General Article, §§21-2C-03(f)(1), 21-2C-09,
21-2C-13, 21-2C-14, Annotated Code of Maryland
.05 Policy Review—Preliminary Policy
Recommendations.
A. (proposed text unchanged)
B. Policy Action Other than UPL.
(1) (proposed text
unchanged)
(2) When recommending policy options, Board staff may analyze
the:
(a)—(c) (proposed text unchanged)
(d) Possible implementation of the policy through
legislation, regulation or enforcement; and
(e) (proposed text unchanged)
[[(2)]] (3)—[[(4)]]
(5) (proposed text unchanged)
C. Policy Action in the Form of an Upper
Payment Limit.
(1) (proposed text unchanged)
(2) When recommending a UPL as a policy
option, Board staff may analyze the:
(a)—(b) (proposed text unchanged)
(c) Strengths and weaknesses of the UPL policy;
(d) Potential impacts of the UPL policy;
(e) Possible implementation of the policy through
legislation, regulation or enforcement;
[[(c)]](f)—[[(d)]](g)
(proposed text unchanged)
(3) (proposed text unchanged)
(4) The Board may pursue development of a UPL as a policy option
and direct Board staff to provide recommendations concerning the [[methodologies]]
frameworks and contextual information that may be used to set a
UPL in accordance with the UPL process set forth in Regulation .06 of this chapter.
(5) (proposed text unchanged)
.06 Policy Review—Process for Establishing a UPL.
A. Staff
Recommends [[Methodologies]]
Frameworks and Contextual Information.
(1) Board staff shall recommend at least one [[methodology]]
framework, identified in §B of this regulation, for use in developing a UPL for the subject prescription drug
product.
(2)—(5) (proposed text unchanged)
B. [[Methodologies]]
Frameworks.
(1) Cost Effectiveness Analysis.
(a) Under this [[methodology]] framework,
a maximum UPL value may be set by:
(i)—(iii) (proposed text unchanged)
(b) When providing a UPL amount developed using this [[methodology]]
framework, Board staff shall
identify the health outcome, threshold, and relevant underlying assumptions
used in the analysis.
(2) Therapeutic Class Reference Upper Payment Limit.
(a) Under this [[methodology]] framework,
a UPL value may be set using the lowest net price or net cost among competitor
products in the same therapeutic class.
(b)—(c) (proposed text unchanged)
(3) Launch Price-Based Upper Payment Limit.
(a) Under this [[methodology]] framework,
a UPL value may be set based on the initial price at which the drug was first
marketed (launch price) adjusted for inflation.
(b) (proposed text unchanged)
(4) Same Molecule Reference Upper Payment Limit.
(a) Under the same molecule reference UPL [[methodology]]
framework, a UPL value may be set by comparing prices of certain reference
drugs:
(i)—(vi) (proposed text unchanged)
(b) When using this [[methodology]]
framework Board staff may consider:
(i)—(ii) (proposed text unchanged)
(5) Domestic Reference Upper Payment Limit.
(a) Under the domestic reference UPL [[methodology]]
framework, a UPL value may be set using the
estimated net cost of a prescription drug product to other purchasers and
payors for the same prescription drug product within the United States or the
net price received by the manufacturer.
(b) Under this [[methodology]] framework,
the UPL may be set using the cost of the lowest estimated net-cost purchaser or
payor, excluding Medicaid.
(c) (proposed text unchanged)
(6) International Reference Upper Payment Limit.
(a) Under the international reference UPL [[methodology]]
framework, a UPL value may be set by comparing drug prices in other
countries.
(b) Under this [[methodology]] framework,
the Board may consider the lowest price received by manufacturers for sales in
the United Kingdom, Germany, France, and Canada, converted to U.S. dollars.
(7) Budget Impact-Based Upper Payment Limits.
(a) Under the budget impact-based UPL [[methodology]]
framework, a UPL value may be set so that spending on the drug does not
exceed a certain percentage of a budget as specified by the Board or have a
disproportionate impact on that budget.
(b)—(c) (proposed
text unchanged)
(8) Blend of Multiple [[Methodologies]] Frameworks.
(a) Under this [[methodology]] framework,
Board staff may recommend potential UPL values derived from:
(i) A blend of [[methodologies]] frameworks;
and
(ii) A variation in
implementing a [[methodology]] framework.
(b) When providing a blended
UPL amount developed using this [[methodology]] framework,
Board staff shall identify how the potential blended UPL value was generated.
C. (proposed
text unchanged)
D. UPL Values.
(1) The Board may:
(a) Select one or more of the [[methodologies]]
frameworks and contextual information identified in §§B
and C of this regulation;
(b) Identify another [[methodology]]
framework;
(c) Prioritize the selected and identified [[methodologies]]
frameworks and contextual information; and
(d) Direct staff to use the selected and identified [[methodologies]]
frameworks and contextual information to perform analyses and calculations
to obtain UPL values.
(2)—(6) (proposed text unchanged)
E.—F. (proposed text unchanged)
ANDREW W. YORK
Executive Director
Title 25
OFFICE OF THE STATE TREASURER
Subtitle 03 TREASURY
MANAGEMENT
Notice of Final Action
[24-203-F]
On April 8, 2025, The Office of the State Treasurer adopted:
(1) Amendments to Regulations .01—.06 and .09 under COMAR
25.03.03 Local Government Investment Guidelines and Reporting Requirements; and
(2) Amendments to Regulations .01—.03 under COMAR
25.03.04 Policy Regarding the Investment of Public Money by the State of
Maryland.
This action, which was proposed for adoption in 52:4 Md. R. 222—224
(February 21, 2025), has been adopted as proposed.
Effective Date: April 28, 2025.
JONATHAN MARTIN
Chief Deputy Treasurer
Proposed Action on Regulations
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 02
FISHERIES SERVICE
08.02.08 Shellfish—General
Authority: Natural Resources Article, §§4-206, 4-215, 4-1007,
4-1020, 4-1028, 4-1033 and 4-1035, Annotated Code of Maryland
Notice of Proposed
Action
[24-199-P]
The Secretary of Natural
Resources proposes to amend Regulations .09 and .12 under COMAR
08.02.08 Shellfish—General.
Statement of Purpose
The purpose of this action
is to create a no-cost declaration of intent for shellfish dealers who purchase
soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters in
order to facilitate current reporting and tax payment requirements. This will
be an annual requirement that dealers may complete either at license renewal or
at any other point during the year prior to purchasing soft-shell clams of the
species Mya arenaria, hard-shell clams, or oysters. Dealers who have not
declared their intent to purchase soft-shell clams of the species Mya arenaria,
hard-shell clams, or oysters would not be able to do so until their declaration
was complete. Only dealers who are licensed by the Department of Natural
Resources and licensed and certified by the Department of Health are allowed to
deal in soft-shell clams of the species Mya arenaria, hard-shell clams, or
oysters because those species are typically sold for human consumption. Dealers
who have not declared their intent will be exempt from the reporting
requirements that are otherwise required when engaging in that activity.
The current state of dealer
reporting and shellfish tax payments made through the existing buy ticket
system results in the receipt of less than 100 percent of reports and taxes
owed by dealers. Currently, the Department does not know which dealers are actively
buying oysters and clams in a season unless those dealers choose to submit buy
tickets and taxes. Requiring dealers to declare their intent to purchase
soft-shell clams of the species Mya arenaria, hard-shell clams, or oysters will
allow the Department to know which dealers are expected to report each season,
allows for easier follow-up with late reporters, allows the calculation of
reporting rates, and would aid in identifying dealers who may owe shellfish
taxes. This also aligns with the existing requirement that oyster and clam
harvesters must declare their intent to harvest each season. Currently, all
dealers are required to report shellfish purchases either weekly or monthly,
depending on level of activity, unless they have indicated to the Department
that they will not be purchasing oysters or clams for some period of time. This
action proposes to waive this requirement until a dealer has declared their
intent to buy soft-shell clams of the species Mya arenaria, hard-shell clams,
or oysters in a season, which will alleviate having to report “no activity” by
those dealers. Lastly, by limiting this declaration requirement to those
dealers who are buying soft-shell clams of the species Mya arenaria, hard-shell
clams, or oysters, the Department is exempting those dealers who only deal in
razor clams, which are prohibited from being sold for human consumption and for
which taxes are not required to be paid.
Estimate of Economic
Impact
I. Summary of Economic
Impact. The proposed action
may have positive impact both on Department revenues and on the wild oyster
fishery due to enhancing the Department’s ability to properly collect the taxes
due. Those taxes are used exclusively for oyster repletion activities, which benefit
the wild oyster fishery by enhancing populations of wild oysters in areas that
are available to harvest.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of
Natural Resources
|
(R+)
|
Indeterminable
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or trade groups:
|
|
|
|
(1) Shellfish Dealers
|
(-)
|
Indeterminable
|
|
(2) Shellfish Harvesters
|
(+)
|
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. This action will likely
result in the Department realizing increased revenues from required oyster
taxes. The Department is not currently able to ascertain which of the over
2,000 licensed dealers will be dealing in shellfish during a license year. By
requiring dealers to declare prior to dealing in shellfish, the Department will
know which dealers owe severance and export taxes. It is believed that the
number of dealers actually dealing in shellfish is less than 10 percent of the
total number of dealers.
D(1). It is possible that
some number of seafood dealers who have been dealing in shellfish have not been
reporting that activity or paying the required severance and export taxes. For
those dealers who have been out of compliance, this action will make it easier
for the Department to ascertain when they are failing to pay those taxes.
Ultimately, this may result in a negative economic impact to those dealers who
will now be brought into full compliance with the tax requirement. It is not
known how many dealers this may affect or how many bushels of oysters or clams
for which taxes were not being paid.
During the 2023—2024 oyster
season, there were 2,337 individuals with a Department of Natural Resources
Tidal Fish Dealer license. Any of those licensees that also have a Maryland
Department of Health (MDH) license can purchase and sell shellfish. Currently,
there are 225 individuals that hold a MDH license as listed on the Interstate
Certified Shellfish Shippers List (ICSSL). So, if all MDH license holders also
had a DNR Tidal Fish Dealer license, then the maximum number of shellfish
dealers that DNR could expect buy tickets from would be 225. Since DNR and MDH
use two different systems, the information cannot be compared easily to
determine how many licensees have both. While the actual impact is therefore
indeterminable, the Department received buy tickets from 66 dealers in the
2023—24 season. From a historical perspective, the Department received buy
tickets from 75 dealers in the 2014—15 season, 31 dealers in the 2004—05
season, and 67 dealers in the 1994—95 season.
D(2). Assuming that the
Department is able to collect additional taxes that have not been paid in years
past due to the increased ability to know which dealers owe taxes, shellfish
harvesters will experience an indeterminable positive impact. Taxes collected
from dealers are used exclusively for shellfish repletion activities. This
means that more shellfish will exist for harvesters to be able to harvest and
sell.
Economic Impact on Small
Businesses
The proposed action has a
meaningful economic impact on small businesses. An analysis of this economic
impact follows:
This action may have a
negative impact on seafood dealers who have previously avoided paying taxes
while having positive impacts on all small businesses that participate in the
commercial harvest of oysters. See sections D and E for additional detail.
Impact on Individuals
with Disabilities
The proposed action has no
impact on individuals with disabilities.
Opportunity for Public
Comment
Comments may be sent to Shellfish Dealer Declaration Regulations,
Regulatory Staff, Maryland Department of Natural Resources, Fishing and Boating
Services E-4, 580 Taylor Avenue, Annapolis MD 21401, or call 410-260-8300, or
email to complete the comment form at:
https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#oyncl. We
would like all comments to be sent via Google Form. Comments will be accepted
through May 19, 2025. A public hearing has not been scheduled.
.09 Seafood Dealers.
A.—C. (text unchanged)
D. Declaration.
(1) Prior to purchasing soft-shell clams of the species Mya arenaria,
hard-shell clams, or oysters, a person licensed in accordance with Natural
Resources Article, §4-701, Annotated Code of Maryland and licensed and
certified to sell shellfish by the Maryland Department of Health in accordance
with COMAR 10.15.04 and 10.15.07, shall on a form provided by the Department:
(a) Declare their intent
to deal in shellfish; and
(b) Provide their
certification number issued by the Maryland Department of Health.
(2) A declaration of intent under this section shall be valid for the
remainder of the license year.
.12 Reporting.
A.—C. (text unchanged)
D. Requirements for Return
of Documents.
(1)—(2) (text unchanged)
(3) Exceptions.
(a)—(b) (text unchanged)
(c) A person who has not declared their intent to buy soft-shell clams
of the species Mya arenaria, hard-shell clams, or oysters in accordance with
COMAR 08.02.08.09 is not required to submit the reports described in this
regulation.
JOSH KURTZ
Secretary of Natural Resources
08.02.13 Fishing Licenses—Point Assignment, License Revocation and Suspension
Schedule and Criteria, and Hearing Procedure
Authority: Natural Resources Article, §§4-220, 4-701, 4-745, and
4-1201, Annotated Code of Maryland
Notice of Proposed
Action
[25-042-P]
The Secretary of Natural
Resources proposes to amend Regulations .03, .05, and .08
under COMAR 08.02.13 Fishing Licenses—Point Assignment, License Revocation
and Suspension Schedule and Criteria, and Hearing Procedure.
Statement of Purpose
The purpose of this action
is to update the Department’s recreational, commercial, and charter fishing
penalty schedules. The Department maintains these administrative penalty
schedules as a deterrent to breaking fisheries laws in addition to the fines that
violators face in District Court.
The proposed action makes
the following changes:
(1) Updates for Recreational
Schedule
Create additional tiers for
oyster catch limit violations. Current penalties are a 90 day suspension if
someone exceeds the catch limit by less than 100 percent over the limit (less
than double) and 180 day suspension if they exceed the catch limit by 100
percent or more over the limit (double or more). The action proposes adding an
additional tier at 200 percent or more over the catch limit (in possession of
triple the catch limit or more), which would result in a 1 year suspension. The
addition of an additional tier to the penalty for exceeding the recreational
oyster catch limit is necessary to deter significant violators. There is
currently no incentive to limit overharvest to a smaller amount because the
administrative penalty is the same if the individual harvested twice the legal
limit or ten times the legal limit. The maximum penalty for exceeding the
oyster catch limit only being 180 days is also not consistent with the rest of
the recreational penalty schedule, which usually has a maximum penalty of at
least 1 year.
Increase the penalty for
non-projectile gear violations. The current penalty for a non-projectile gear
violation (e.g., recreationally fishing with an illegal net) is 90 days. Based
on continued violations with these types of gears, the action proposes increasing
the penalty to 180 days to create a greater deterrent effect and a more
significant consequence for breaking these rules. Increasing the penalty for
recreational non-projectile gear violations is necessary because the Department
continues to see these types of violations associated with other egregious
violations such as undersized fish and over the limit of fish. Generally, these
violations are use of illegal nets (i.e., use of cast nets in nontidal waters).
Unfortunately, it is common for these cases to be settled in District Court by
allowing the violator to plead guilty to one violation with the rest of the
charges being dismissed. Furthermore, the illegal use of these types of gears
is likely to lead to localized depletions of fish that law-abiding anglers
target. By increasing the suspension these violations carry, it is more likely
that a violator will be kept off the water for a longer period of time.
(2) Updates for
Recreational, Charter, and Commercial Schedules
Create administrative penalties for exceeding longnose gar catch limit.
In 2023, the Department created catch limits for longnose gar that apply to all
sectors. The action is proposing creating the following suspension tiers for
individuals who exceed these limits.
Recreational
-1 over the catch limit: no suspension
-2-4 over the catch limit: 90 day suspension
-5-10: 180 day suspension
-11 or more over catch limit: 1 year suspension
Charter and Commercial
-1 over the catch limit: 5 points (no suspension)
-2 over the catch limit: 10 points/30 day suspension
-3 over the catch limit: 15 points/60 day suspension
-4 over the catch limit: 20 points/90 day suspension
-5 or more over the catch limit: 30 points/365 day suspension
It is necessary to establish administrative penalties for longnose gar in order
to deter individuals from exceeding the recently established catch limit for
these fish. Longnose gar were declared as in need of conservation in 2023, with
a catch limit of 1 fish per day between April 15 and June 30 and 5 fish per day
between July 1 and April 14. This catch limit applies to all fisheries sectors
(recreational, charter, and commercial).
(3) Update for Charter and
Commercial Schedules
Increase penalties on the
charter and commercial penalty schedules for disturbing fishing gear owned by
another person and clarify the penalty also applies to stealing fish and crabs
out of gear owned by another person. The recreational penalty schedule already
contains a 1-year penalty for removing fish, nets, or gear of another person.
The current charter and commercial penalty schedules currently carry 15 points
(60-day suspension) for this violation. The language used on the commercial
penalty schedule is also not clear. The action proposes increasing the penalty
in the charter and commercial schedules to 30 points (1-year suspension) and
making clear that the penalty applies to both the destruction of gear and
taking fish or crabs out of gear that is owned by another person. It is
necessary to increase the administrative penalties for stealing fish and crabs
from the gear of another and clarifying that the penalties apply to both
stealing fish and crabs from gear and the destruction of gear in order to address
the serious nature of these violations. Because gear is often left in the water
unattended (such as crab pots or pound nets), it is essential to the
functioning of the fishery that an individual be able to trust that their gear
will remain unmolested when they are not present. The Department believes that
increasing the potential penalty for these actions will result in a more
appropriate result should an individual be found to have stolen fish or crabs
from another person or destroyed the gear of another person.
Lastly, the Department will
make housekeeping corrections to the penalty schedule to ensure that the proper
authority is cited for each violation as regulations have been moved or
updated.
Estimate of Economic
Impact
I. Summary of Economic Impact. The proposed action may have
an economic impact on suspended or revoked licensees, but the extent of the
impact is indeterminable.
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:
|
|
|
|
Licensees
|
(-)
|
Indeterminable
|
|
E. On other industries or trade groups:
|
NONE
|
|
|
F. Direct and indirect effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D. The proposed action may
have a negative impact on individuals who are suspended or have their licenses
revoked based on committing one of the listed offenses. However, it is not
possible to determine the number of individuals who may violate the listed
laws, nor is it possible to determine to what extent the suspension or
revocation would economically impact the individual or individuals.
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 Penalty Regulations, Regulatory Staff, Fishing
and Boating Services, Department of Natural Resources, 580 Taylor Ave E4,
Annapolis MD 21401, or call 410-260-8300, or email to Complete form at
https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#penaltysched.
Comments will be accepted through May 19, 2025. A public hearing has not been
scheduled.
.03 Point Assignment Schedule.
A.—B. (text unchanged)
C. Tier I. The following
violations are Tier I violations. A person who receives a conviction for a Tier
I violation receives 5 points.
|
|
Statute or
Regulation
|
Description
|
|
1—2
|
(text unchanged)
|
|
|
3
|
4-1012,
COMAR 08.02.04.08, COMAR
08.02.04.11, COMAR 08.02.04.12
|
Dredging for
Oysters in Prohibited Areas: less than 150 feet within an area
|
|
4—15
|
(text unchanged)
|
|
|
[16
|
COMAR
08.02.02.01A
|
Operating a
Hydraulic Soft Shell Clam Dredge Without a License]
|
|
[17]
16
|
COMAR
[08.02.02.04D] 08.02.02.03
|
Exceeding the
Daily Catch Limit for Soft-Shell Clams: 2 containers or more over
the limit
|
|
[18]17
|
COMAR
[08.02.02.05] 08.02.02.03
|
Minimum Size
Limit for Soft-Shell Clams: 2 bushels or more with 15%—24%
undersized clams
|
|
[19]18
|
[COMAR
08.02.02.06A]
08.02.02.03
|
Catching or
Landing Soft-Shell Clams on Sunday
|
|
[20]19
|
COMAR
[08.02.02.06B] 08.02.02.03
|
Violating
Regulations Pertaining to the Time for Harvesting, Landing, or
Delivering Soft Shell Clams by 60 Minutes or More
|
|
[21]20
|
COMAR
[08.02.02.07] 08.02.02.05
|
Failure to
Protect Soft-Shell Clam from Contamination
|
|
[22
|
4-1036, COMAR
08.02.02.08, COMAR 08.02.02.09
|
Unlawfully
Selling Soft-Shell Clams]
|
|
[23]21—[28]26
|
(text unchanged)
|
|
|
27
|
COMAR 08.02.05.31
|
Catch Limits —
Longnose Gar: 1 fish over daily catch limit
|
|
[29]28
|
COMAR
[08.02.03.14B] 08.02.03.14, 4-803,
4-215
|
Violating Regulations Pertaining to Mature Female
Crabs-Catch Limit:
(a) LCC: 1 bushel over limit;
(b)
TFL/CB3: 2—3 bushels over limit;
(c) CB6: 3—5 bushels over
limit;
(d) CB9: 4—7 bushels over limit
|
|
[30]29
|
(text unchanged)
|
|
|
[31]30
|
COMAR
08.02.03.07, COMAR 08.02.03.11,
COMAR 08.02.03.14
|
Setting Crab Pots
During Closed Season: 5—14 Pots
|
|
[32]31
|
(text unchanged)
|
|
|
[33]32
|
COMAR
[08.02.03.07E-H] 08.02.03.07, 4-803,
4-215
|
Setting Crab Pots
in a Restricted Area: 5—14 pots set in a restricted area
|
|
[34
|
COMAR
08.02.03.07, COMAR 08.02.03.11
|
Setting Crab Pots
During Closed Season: 5—14 Pots]
|
|
[35]33—[72]70
|
(text unchanged)
|
|
D. Tier II. The following
violations are Tier II violations. A person who receives a conviction for a
Tier II violation receives 10 points.
|
|
Statute or
Regulation
|
Description
|
|
1
|
4-1007, COMAR
[08.02.04.16]
08.02.08.02,
[COMAR 08.02.23.04F]
08.02.23.04E
|
Failure to Sell
Oysters to a Buy Station
|
|
2
|
4-1006(b)[)]
|
Harvesting
Oysters or Clams in a Polluted Area: 101—150 feet over the pollution
line
|
|
[3
|
4-1013(a)
|
Power Dredging
Without a Power Dredge Permit]
|
|
[4]
3
|
[COMAR
08.02.04.03B-C,] 4-215,
COMAR 08.02.04.03, COMAR 08.02.04.11
|
Time for Taking Oysters:
(a) more than 2 hours after
sunset;
(b) any time before sunrise; or
(c) on a
closed day
|
|
[5]4—[9]8
|
(text unchanged)
|
|
|
[10]9
|
COMAR
[08.02.02.05] 08.02.02.03
|
Minimum Size
Limit for Soft-Shell Clams: 2 bushels or more with 25% or more
undersized clams
|
|
[11]10
|
4-1037(1), COMAR
[08.02.02.12B]
08.02.02.07, COMAR
[08.02.07.03C]
08.02.07.05
|
Harvesting clams within 150 feet of a:
(a) natural
oyster bar;
(b) leased area;
(c) public shellfish
fishery area; or
(d) oyster sanctuary
|
|
[12]11—[13]12
|
(text unchanged)
|
|
|
[14]13
|
COMAR
[08.02.03.07E-H] 08.02.03.07, 4-803,
4-215
|
Setting Crab Pots
in a Restricted Area: 15 or More Pots Set in a Restricted Area
|
|
[15]14—[16]15
|
(text unchanged)
|
|
|
[17]16
|
COMAR
[08.02.03.14B] 08.02.03.14, 4-803,
4-215
|
Violating Regulations Pertaining to Mature Female
Crabs-Catch Limit:
(a) LCC: 2 bushels over limit;
(b)
TFL/CB3: 4-5 bushels over limit;
(c) CB6: 6-9 bushels over
limit;
(d) CB9: 8-12 bushels over limit
|
|
[18]17—[26]25
|
(text unchanged)
|
|
|
26
|
COMAR 08.02.05.31
|
Catch Limits —
Longnose Gar: 2 fish over daily catch limit
|
|
27-31
|
(text unchanged)
|
|
E. Tier III. The following violations
are Tier III violations. A person who receives a conviction for a Tier III
violation receives 15 points.
|
|
Statute or
Regulation
|
Description
|
|
1—5
|
(text unchanged)
|
|
|
6
|
4-1012,
COMAR 08.02.04.08, COMAR
08.02.04.11, COMAR 08.02.04.12
|
[Power] Dredging in Prohibited Areas: 150 feet or more within an area
|
|
7—11
|
(text unchanged)
|
|
|
12
|
4-1037(1), COMAR
[08.02.02.12B]
08.02.02.07, COMAR
[08.02.07.03C]
08.02.07.05
|
Using a Hydraulic Clam Dredge to Catch Soft Shell Clams on
a:
(a) Natural oyster bar;
(b) Leased area;
(c)
Public shellfish fishery area; or
(d) Oyster sanctuary
|
|
13—14
|
(text unchanged)
|
|
|
15
|
4-803, 4-215,
COMAR [08.02.03.14B]08.02.03.14
|
Violating Regulations Pertaining to Mature Female
Crabs-Catch Limit:
(a) LCC: 3 bushels over limit;
(b)
TFL/CB3: 6-9 bushels over limit;
(c) CB6: 10-14 bushels over
limit;
(d) CB9: 13-19 bushels over limit
|
|
[16
|
4-803, 4-215,
4-505, COMAR 08.02.03.07D
|
Fishing A Crab
Pot Licensed to Another Person]
|
|
[17]16—[26]25
|
(text unchanged)
|
|
|
26
|
COMAR 08.02.05.31
|
Catch Limits —
Longnose Gar: 3 fish over daily catch limit
|
|
27—29
|
(text unchanged)
|
|
|
[30
|
4-505
|
Fishing Gear
Belonging to Another Person]
|
|
[31]30
|
(text unchanged)
|
|
F. Tier IV. The following
violations are Tier IV violations. A person who receives a conviction for a
Tier IV violation receives 20 points.
|
|
Statute or
Regulation
|
Description
|
|
1—3
|
(text unchanged)
|
|
|
4
|
COMAR
[08.02.04]08.02.02.03
|
Harvesting Clams
2 Hours After the Legal Time Period or 2 hours Before the Legal
Start Time
|
|
5
|
(text unchanged)
|
|
|
6
|
COMAR
[08.02.03.14B] 08.02.03.14, 4-803,
4-215
|
Violating Regulations Pertaining to Mature Female Crabs —
Catch Limit:
(a) LCC: 4 or more bushels over limit;
(b) TFL/CB3: 10 or more bushels over limit;
(c) CB6: 15 or
more bushels over limit;
(d) CB9: 20 or more bushels over the
limit
|
|
7—12
|
(text unchanged)
|
|
|
13
|
COMAR 08.02.05.31
|
Catch Limits —
Longnose Gar: 4 fish over daily catch limit
|
|
[13]14—[14]15
|
(text unchanged)
|
|
G. (text unchanged)
H. Tier VI. The following
violations are Tier VI violations. A person who receives a conviction for a
Tier VI violation receives 30 points.
|
|
Statute or Regulation
|
Description
|
|
1—10
|
(text unchanged)
|
|
|
11
|
COMAR 08.02.05.31
|
Catch Limits —
Longnose Gar: 5 or more fish over daily catch limit
|
|
[11]12—[15]16
|
(text unchanged)
|
|
|
17
|
4-505, 4-803, COMAR
08.02.03.07D
|
Molest, Disturb,
Destroy, or Catch and Carry Away Fish or Crabs from Any Boat, Live Box,
Crab Pot, Trotline, or the Pocket or Crib of Any Pound Net or Enclosed
or Gilled in Any Fish Net of Any Kind, or Take or Carry Away Any Net or
Gear Belonging to Another Person Used in Catching Fish
|
I.—K. (text unchanged)
.05 Recreational Fishing
Suspension and Revocation.
A.—C. (text unchanged)
D. A person who receives one
of the following violations may be suspended for up to 90 days.
|
|
Statute or
Regulation
|
Description
|
|
(1)—(22)
|
(text unchanged)
|
|
|
(23)
|
COMAR
[08.02.05.10A and D]08.02.05.10
|
Size Limits — Bluefish: 4—6 fish
|
|
(24)
|
COMAR
[08.02.05.10A and D]08.02.05.10
|
Daily Catch Limits — Bluefish: 4—6 fish over daily catch limit
|
|
(25)
|
COMAR
08.02.05.12A and F
|
Size Limits — Summer Flounder: 2—4 fish
|
|
(26)
|
COMAR
08.02.05.12A and F
|
Daily Catch Limits — Summer Flounder: 2—4 fish over daily
catch limit
|
|
(27)—(43)
|
(text unchanged)
|
|
|
(44)
|
COMAR
08.02.05.21A and F
|
Size Limits — Black Sea Bass: 4—6 fish
|
|
(45)
|
COMAR
08.02.05.21A and F
|
Catch Limits — Black Sea Bass: 4—6 fish over daily catch
limit
|
|
(46)
|
COMAR
08.02.05.22A(1) and D
|
Size Limits — Scup: 4—6 fish
|
|
(47)
|
COMAR
08.02.05.22C(3) and D
|
Catch Limits — Scup: 4—6 fish over daily catch limit
|
|
(48)—(49)
|
(text unchanged)
|
|
|
(50)
|
COMAR 08.02.05.31
|
Catch Limits —
Longnose Gar: 2—4 fish over daily catch limit
|
|
[(50)](51)
— [(67)] (68)
|
(text unchanged)
|
|
|
[(68)
|
COMAR
08.02.25.02A—E and G
|
Use of Illegal
Gear in Nontidal Waters
|
|
(69)
|
COMAR 08.02.25.03
A—E and G
|
Use of Illegal
Gear in Tidal Waters]
|
|
[(70)]
(69)
|
(text unchanged)
|
|
E. A person who receives one
of the following violations may be suspended for up to 180 days.
|
|
Statute or
Regulation
|
Description
|
|
(1)—(7)
|
(text unchanged)
|
|
|
(8)
|
COMAR
08.02.04.02, COMAR 08.02.04.11
|
Oysters —
Exceeding Daily Catch Limit by 100%—199%
of the Daily Catch Limit [or
More]
|
|
(9)—(14)
|
(text unchanged)
|
|
|
(15)
|
COMAR
[08.02.05.10A and D]08.02.05.10
|
Size Limits — Bluefish: 7—10 fish
|
|
(16)
|
COMAR
[08.02.05.10A and D]08.02.05.10
|
Daily Catch Limits — Bluefish: 7—10
fish over daily catch limit
|
|
(17)
|
COMAR
08.02.05.12A and F
|
Size Limits —
Summer Flounder: 5—10 fish
|
|
(18)
|
COMAR
08.02.05.12A and F
|
Daily Catch
Limits — Summer Flounder: 5—10 fish over daily catch limit
|
|
(19)—(31)
|
(text unchanged)
|
|
|
(32)
|
COMAR
08.02.05.21A and F
|
Size Limits —
Black Sea Bass: 7—10 fish
|
|
(33)
|
COMAR
08.02.05.21A and F
|
Catch Limits —
Black Sea Bass: 7—10 fish over daily catch limit
|
|
(34)
|
COMAR
08.02.05.22A(1) and D
|
Size Limits —
Scup: 7—10 fish
|
|
(35)
|
COMAR
08.02.05.22C(3) and D
|
Catch Limits —
Scup: 7—10 fish over daily catch limit
|
|
(36)—(37)
|
(text unchanged)
|
|
|
(38)
|
COMAR 08.02.05.31
|
Catch Limits —
Longnose Gar: 5—10 fish over daily catch limit
|
|
[(38)](39)—[(65)](66)
|
(text unchanged)
|
|
|
(67)
|
COMAR
08.02.25.02A—D and F
|
Use of Illegal
Gear in Nontidal Waters
|
|
(68)
|
COMAR 08.02.25.03
A—G and I
|
Use of Illegal
Gear in Tidal Waters
|
|
[(66)]
(69)
|
(text unchanged)
|
|
F. A person who receives one
of the following violations may be suspended for up to 1 year.
|
|
Statute or Regulation
|
Description
|
|
(1)—(18)
|
(text unchanged)
|
|
|
(19)
|
COMAR
08.02.04.02, COMAR 08.02.04.11
|
Oysters —
Exceeding Daily Catch Limit by 200% of the Daily Catch Limit or More
|
|
[(19)](20)—[(22)](23)
|
(text unchanged)
|
|
|
[(23)](24)
|
COMAR
[08.02.05.10A and D]08.02.05.10
|
Size Limits — Bluefish: 11 or more
fish
|
|
[(24)](25)
|
COMAR
[08.02.05.10A and D]08.02.05.10
|
Daily Catch Limits — Bluefish: 11 or
more fish over daily catch limit
|
|
[(25)](26)
|
(text unchanged)
|
|
|
[(26)](27)
|
COMAR 08.02.05.12A and F
|
Size Limits — Summer Flounder: 11 or
more fish
|
|
[(27)](28)
|
COMAR 08.02.05.12A and F
|
Daily Catch Limits — Summer Flounder:
11 or more fish over daily catch limit
|
|
[(28)](29)—[(46)](47)
|
(text unchanged)
|
|
|
[(47)](48)
|
COMAR 08.02.05.21A
and F
|
Size Limits — Black Sea Bass: 11 or
more fish
|
|
[(48)]
(49)
|
COMAR 08.02.05.21A and F
|
Catch Limit — Black Sea Bass: 11 or
more fish over daily catch limit
|
|
[(49)](50)
|
COMAR 08.02.05.22A(1) and D
|
Size Limits — Scup: 11 or more fish
|
|
[(50)](51)
|
COMAR 08.02.05.22C(3) and D
|
Catch Limit — Scup: 11 or more fish
over daily catch limit
|
|
[(51)](52)—[(75)](76)
|
(text unchanged)
|
|
|
(77)
|
COMAR 08.02.05.31
|
Catch Limits —
Longnose Gar:11 or more fish over daily catch limit
|
|
[(76)](78)—[(111)](113)
|
(text unchanged)
|
|
|
[(112)](114)
|
COMAR
[08.02.25.02F]
08.02.25.02E
|
Projectile Gear Violation in Nontidal
Waters
|
|
[(113)](115)
|
COMAR
[08.02.25.03F]
08.02.25.03H
|
Projectile Gear Violation in Tidal
Waters
|
G.—M. (text unchanged)
.08 Charter Boat/Fishing Guide Point Assignment Schedule.
A.—C. (text unchanged)
D. Tier I. The following violations are Tier I violations. A
fishing guide who receives a conviction for a Tier I violation receives 5
points.
|
|
Statute
Or Regulation
|
Description
|
|
(1)—(7)
|
(text
unchanged)
|
|
|
(8)
|
COMAR [08.02.05.10A]08.02.05.10
|
Size Limits — Bluefish: 1—2 fish under minimum size limit
|
|
(9)
|
COMAR [08.02.05.10B]08.02.05.10
|
Daily Catch Limits — Bluefish: 1—2 fish over daily catch
limit
|
|
(10)
|
COMAR [08.02.05.12A(1)] 08.02.05.12A and F
|
Size Limits — Summer Flounder: 1 fish under minimum size
limit
|
|
(11)
|
COMAR [08.02.05.12A(2)]08.02.05.12A and F
|
Daily Catch Limits — Summer Flounder: 1 fish over daily
catch limit
|
|
(12)—(26)
|
(text
unchanged)
|
|
|
(27)
|
COMAR [08.02.05.21A(1)] 08.02.05.21A and F
|
Size Limits — Black Sea Bass: 3 fish under minimum size
limit
|
|
(28)
|
COMAR [08.02.05.21A(2)] 08.02.05.21A and F
|
Catch Limits — Black Sea Bass: 3 fish over daily catch
limit
|
|
(29)
|
COMAR
08.02.05.22A(1) and D
|
Size Limits — Scup: 5 fish under minimum size limit
|
|
(30)
|
COMAR
08.02.05.22C(3) and D
|
Catch Limit — Scup: 5 fish over daily catch limit
|
|
(31)—(32)
|
(text
unchanged)
|
|
|
(33)
|
COMAR 08.02.05.31
|
Catch Limits —
Longnose Gar: 1 fish over daily catch limit
|
|
[(33)](34)—[(43)](44)
|
(text
unchanged)
|
|
E. Tier II. The following violations are Tier II violations. A
fishing guide who receives a conviction for a Tier II violation receives 10
points.
|
|
Statute
Or Regulation
|
Description
|
|
(1)
|
(text
unchanged)
|
|
|
(2)
|
COMAR [08.02.11.03L]08.02.11.01
|
Zero Creel Limit Trout Fishing Areas — Violations
|
|
(3)
|
COMAR [08.02.11.04C(2)(a)(i)] 08.02.11.01,
COMAR 08.02.11.04
|
Exceeding Trout Creel or Possession Limits in Put and Take
Areas
|
|
(4)
|
COMAR [08.02.11.04C(2)(a)(ii)]
08.02.11.01, 08.02.11.04, COMAR 08.02.11.06
|
Exceeding Trout Creel or Possession Limits in Other Areas
|
|
(5)
|
COMAR [08.02.11.04C(2)(i)]08.02.11.04,
COMAR 08.02.11.06
|
Exceeding Creel or Possession Limits — Nontidal Waters
|
|
(6)—(23)
|
(text
unchanged)
|
|
|
(24)
|
COMAR [08.02.05.10A]08.02.05.10
|
Size Limits — Bluefish: 3 fish under minimum size limit
|
|
(25)
|
COMAR [08.02.05.10B]08.02.05.10
|
Daily Catch Limits — Bluefish: 3 fish over daily catch
limit
|
|
(26)
|
COMAR
08.02.05.12A and F
|
Size Limits — Summer Flounder: 2 fish under minimum size
limit
|
|
(27)
|
COMAR
08.02.05.12A and F
|
Daily Catch Limits — Summer Flounder: 2 fish over daily
catch limit
|
|
(28)—(42)
|
(text
unchanged)
|
|
|
(43)
|
COMAR
08.02.05.21A and F
|
Size Limits — Black Sea Bass: 4—6 fish under minimum size
limit
|
|
(44)
|
COMAR
08.02.05.21A and F
|
Catch Limits — Black Sea Bass: 4—6 fish over daily catch
limit
|
|
(45)
|
COMAR
08.02.05.22A(1) and D
|
Size Limits — Scup: 6—9 fish under minimum size limit
|
|
(46)
|
COMAR
08.02.05.22C(3) and D
|
Catch Limit — Scup: 6—9 fish over daily catch limit
|
|
(47)—(48)
|
(text
unchanged)
|
|
|
(49)
|
COMAR 08.02.05.31
|
Catch Limits —
Longnose Gar: 2 fish over daily catch limit
|
|
[(49)](50)—[(50)](51)
|
(text
unchanged)
|
|
F. Tier III. The following violations are Tier III violations. A fishing
guide who receives a conviction for a Tier III violation receives 15 points.
|
|
Statute
Or Regulation
|
Description
|
|
(1)
|
(text
unchanged)
|
|
|
[(2)
|
4-505
|
Removing
Fish, Nets or Gear of Another]
|
|
[(3)](2)—[(15)](14)
|
(text
unchanged)
|
|
|
[(16)](15)
|
COMAR [08.02.05.10A]08.02.05.10
|
Size Limits — Bluefish: 4 fish under minimum size limit
|
|
[(17)](16)
|
COMAR [08.02.05.10B]08.02.05.10
|
Daily Catch Limits — Bluefish: 4 fish over daily catch
limit
|
|
[(18)](17)—[(32)](31)
|
|
|
|
[(33)](32)
|
COMAR 08.02.05.12A and F
|
Size Limits — Summer Flounder: 3 fish under minimum size
limit
|
|
[(34)](33)
|
COMAR
08.02.05.12A and F
|
Daily Catch Limits — Summer Flounder: 3 fish over daily
catch limit
|
|
[(35)](34)—[(51)](50)
|
(text
unchanged)
|
|
|
[(52)](51)
|
COMAR 08.02.05.21A and F
|
Size Limits — Black Sea Bass: 7—10 fish under minimum size
limit
|
|
[(53)](52)
|
COMAR
08.02.05.21A and F
|
Catch Limit — Black Sea Bass: 7—10 fish over daily catch
limit
|
|
[(54)](53)
|
COMAR
08.02.05.22A(1) and D
|
Size Limits — Scup: 10 or more fish under minimum size
limit
|
|
[(55)](54)
|
COMAR
08.02.05.22C(3) and D
|
Catch Limit — Scup: 10 or more fish over daily catch limit
|
|
[(56)](55)—[(74)](73)
|
(text
unchanged)
|
|
|
(74)
|
COMAR 08.02.05.31
|
Catch Limits —
Longnose Gar: 3 fish over daily catch limit
|
|
(75)
|
(text
unchanged)
|
|
|
(76)
|
COMAR [08.02.11.03A(2)(a)(i)]08.02.11.01
|
Possession of Trout While Fishing in a Catch and Return
Area
|
|
(77)
|
COMAR [08.02.11.03F]08.02.11.01
|
Using or Possessing Illegal Gear in a Delayed Harvest
Areas
|
|
(78)
|
COMAR [08.02.11.03K]08.02.11.03
|
Keeping Black Bass Caught in a Catch-and-Return Black Bass
Area
|
|
(79)
|
COMAR [08.02.11.04C(1)(d)—(e)]08.02.11.04,
COMAR 08.02.11.06
|
Taking/Possessing Bass During Closed Season
|
|
(80)
|
COMAR [08.02.11.04C(1)(a)—(n)]08.02.11.04,
COMAR 08.02.11.06
|
Season Violations — Nontidal Waters
|
|
(81)—(89)
|
(text
unchanged)
|
|
G. Tier IV. The following violations are Tier IV violations. A
fishing guide who receives a conviction for a Tier IV violation receives 20
points.
|
|
Statute
Or Regulation
|
Description
|
|
(1)—(7)
|
(text
unchanged)
|
|
|
|
|
|
|
(8)
|
COMAR [08.02.05.10A]08.02.05.10
|
Size
Limits — Bluefish: 5 fish under minimum size limit
|
|
(9)
|
COMAR [08.02.05.10B]08.02.05.10
|
Daily
Catch Limits — Bluefish: 5 fish over daily catch limit
|
|
(10)
|
COMAR
08.02.05.12A and F
|
Size
Limits — Summer Flounder: 4 fish under minimum size limit
|
|
(11)
|
COMAR
08.02.05.12A and F
|
Daily
Catch Limits — Summer Flounder: 4 fish over daily catch limit
|
|
(12)—(28)
|
(text
unchanged)
|
|
|
(29)
|
COMAR
08.02.05.21A and F
|
Size
Limits — Black Sea Bass: 11 or more fish under minimum size limit
|
|
(30)
|
COMAR
08.02.05.21A and F
|
Catch
Limit — Black Sea Bass: 11 or more fish over daily catch limit
|
|
(31)
|
COMAR 08.02.05.31
|
Catch Limits — Longnose Gar: 4
fish over daily catch limit
|
|
[(31)](32)—[(33)](34)
|
(text
unchanged)
|
|
H. (text unchanged)
I. Tier VI. The following violations are Tier VI violations. A
fishing guide who receives a conviction for a Tier VI violation receives 30
points.
|
|
Statute
Or Regulation
|
Description
|
|
(1)—(4)
|
(text unchanged)
|
|
|
(5)
|
4-505, 4-803, COMAR 08.02.03.07D
|
Molest, Disturb, Destroy, or
Catch and Carry Away Fish or Crabs from Any Boat, Live Box, Crab Pot,
Trotline, or the Pocket or Crib of Any Pound Net or Enclosed or Gilled in Any
Fish Net of Any Kind, or Take or Carry Away Any Net or Gear Belonging to Another
Person Used in Catching Fish
|
|
[(5)](6)—[(14)](15)
|
(text
unchanged)
|
|
|
[(15)](16)
|
COMAR [08.02.05.10A]08.02.05.10
|
Size
Limits — Bluefish: 6 or more fish under minimum size limit
|
|
[(16)](17)
|
COMAR [08.02.05.10B]08.02.05.10
|
Daily
Catch Limits - Bluefish: 6 or more fish over daily catch limit
|
|
[(17)](18)
|
(text
unchanged)
|
|
|
[(18)](19)
|
COMAR
08.02.05.12A and F
|
Size
Limits — Summer Flounder: 5 or more fish under minimum size limit
|
|
[(19)](20)
|
COMAR 08.02.05.12A and F
|
Daily
Catch Limits — Summer Flounder: 5 or more fish over daily catch limit
|
|
[(20)](21)—[(40)](41)
|
(text
unchanged)
|
|
|
(42)
|
COMAR 08.02.05.31
|
Catch Limits — Longnose Gar: 5
or more fish over daily catch limit
|
|
[(41)](43)—[(73)](75)
|
(text
unchanged)
|
|
J.—K. (text unchanged)
JOSH KURTZ
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 30
HOUSEHOLD GOODS MOVERS
09.30.01 General Regulations
Authority: Business Regulation Article, §§8.5-103, 8.5-104,
8.5-105.1, 8.5-105 , 8.5-106, and 8.5-107, Annotated Code of Maryland
Notice of Proposed Action
[25-051-P]
The Maryland Department of Labor proposes to adopt new Regulations .01—.10
under a new chapter, COMAR 09.30.01 General Regulations under a new
subtitle, Subtitle 30 Household Goods Movers.
At this time, the Maryland Department of Labor is withdrawing the
proposal to adopt new Regulations .01—.10 under a new chapter, COMAR
09.30.01 General Regulations under a new subtitle, Subtitle 30 Household
Goods Movers, which was published in 51:24 Md. R. 1084—1086 (December 2,
2024).
Statement of Purpose
The purpose of this action is to establish application
requirements for a Household Goods Mover registration, the fee therefore, and
generally relating to the administration of the Household Goods Movers
Registration program.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Todd Blackistone, Executive Director,
Maryland Department of Labor, 100 South Charles Street, Tower 1 Suite 3300,
Baltimore, MD 21201, or call 410-230-6165, or email to
todd.blackstone@maryland.gov. Comments will be accepted through May 19, 2025. A
public hearing has not been scheduled.
.01 Purpose.
This chapter sets out the requirements and procedures for the
registration of household goods movers.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Consumer” means the person who entered into a written
contract with a household goods mover for loading, packing, moving,
transporting, or storing household goods.
(2) “Department” means the Maryland Department of Labor.
(3) “Household goods” means personal property of the consumer
used for personal, family, or household purposes.
(4) “Household goods movers” means a person who provides
household goods moving services.
(5) Household Goods Moving Services.
(a) “Household goods moving services“ means the loading,
packing, moving, transporting, storing while in transit, unloading, or
otherwise taking possession or control from a consumer of household goods for
the purpose of moving them to another location at the direction of the consumer
for a fee.
(b) “Household goods moving services” does not include moving
household goods for disposal or destruction.
(6) “Registration fee” means the annual fee paid by an applicant
or registrant, as applicable, in connection with the issuance or renewal of a
registration.
(7) “Secretary” means the Secretary of the Department, or the
Secretary’s designee.
(8) “State” means the State of Maryland.
.03 Application.
A. A person who intends to provide household goods moving
services shall submit an application for registration on the form approved by
the Department.
B. The form shall include at least the following information:
(1) The applicant’s name and all trade names under which the
applicant intends to provide household goods moving services in the State;
(2) The applicant’s physical address, telephone number, and
e–mail address;
(3) The name of all persons with at least 25 percent ownership
in the applicant’s business;
(4) Previous applications:
(a) For those identified under §B(3) of this regulation if that
person has previously applied for registration for another entity; and
(b) Identification of that person and the disposition of the
application for the other entity;
(4) The applicant’s Federal Employee Identification Number;
(5) The name of the applicant’s resident agent in the State, if
any;
(6) The applicant’s U.S. Department of Transportation or State
Department of Transportation number, as applicable;
(7) Insurance carrier and policy number showing liability and
cargo coverage with the minimum standards in 49 C.F.R. Part 387.303;
(8) Proof of workers’ compensation coverage for all covered
employees;
(9) A certificate of status, issued by the Maryland Department
of Assessment and Taxation, or its equivalent, indicating the business is in
good standing and dated not earlier than 30 days before the date of the
application; and
(10) Other information that may be required by the Department.
C. An application for registration shall be accompanied by an
application fee in the amount provided in Regulation .07 of this chapter.
.04 Registration.
A. The Department shall issue to each qualified applicant who
submits a completed application form and the required fee the following:
(1) A unique registration number; and
(2) A registration certificate valid for one year.
B. A registrant is required to keep a copy of the registration
in each of the trucks owned by the registrant when the vehicle is used to
perform household goods moving services.
.05 Renewal of
Registration.
A. Unless a registration is renewed for a 1-year term as
provided in this regulation, the registration expires on the expiration date.
B. At least 1
month before a registration expires:
(1)The Department
shall mail or electronically transmit to the registrant the following:
(a) A renewal
application form; and
(b)A notice that
states:
(i) The date on which the current registration expires; and
(ii) The amount of the renewal fee.
(2) If an electronic transmission under §B(1) of this regulation
is returned to the Department as undeliverable, the Department shall mail to
the registrant, at the last known address of the registrant, the materials
required under paragraph (1) of this subsection within 10 business days of the
date the Department received the notice that the electronic transmission was
undeliverable.
C. Before a registration expires, the registrant periodically
may renew it for an additional 1–year term, if the registrant:
(1) Submits to the Department a renewal application on the form
that the Department provides;
(2) Signs the renewal application under oath;
(3) Updates the information submitted in the original
application and states that the information is current;
(4) Complies with each requirement applicable to the original
application; and
(5) Pays the renewal fee.
D. Failure of the Department to timely notify a registrant of
registration renewal does not affect a registrant’s obligation to file a
renewal application prior to the expiration of the registration and payment of
a renewal fee.
.06 Reinstatement.
A. If a registrant fails to renew a license for any reason, no
household goods mover services may be offered or provided until the
registration is reinstated.
B. A request for reinstatement shall:
(1) Be in writing;
(2) Be on the form required by the Department; and
(3) Include payment of the reinstatement fee.
.07 Fees.
The following non-refundable fees shall be charged
by the Department:
A. Original registration application review—$250;
B. Original registration—$325;
C. Registration renewal—$325; and
D. Late Renewal—$75, in addition to the fee set forth in §C of
this regulation.
.08 Violations.
A person or registrant who
violates any of the following provisions regarding the household goods movers
registration requirements may be subject to a civil penalty of up to $5,000:
A. Failure to register as a mover of household goods;
B. Providing false information on the registration application;
C. Failure to comply with requirements set forth in Business Regulation Article, Title 8.5, Annotated Code
of Maryland; and
D. Failure to comply with requirements set forth in these
regulations.
.09 Failure to Respond.
A. If an applicant or registrant receives from the Department a
written communication requesting a response, the applicant or registrant shall
respond in writing within 30 days of the date of such communication.
B. The Department shall send a written communication by first
class mail or email to the last address or email address furnished to the
Department by an applicant or registrant.
C. It is the responsibility of an applicant or registrant to
notify the Department in writing if there has been a change in the applicant’s
or registrant’s address.
D. Failure to respond as required by this regulation may be
considered by the Secretary or the Secretary’s designee to be a violation of
Business Regulation Article, §8.5-106, Annotated Code of Maryland.
.10 Notice of Change of
Licensing Information.
In addition to the
requirements of Business Regulation Article, Title 8.5, Annotated Code of
Maryland, an applicant or registrant shall notify the Secretary or the
Secretary’s designee, in writing, within 15 days of any change of the:
A. Business name the applicant or registrant;
B. Business address of the applicant or registrant; or
C. Address of the business through which an applicant or
registrant will provide or provides licensee household goods mover services.
PORTIA WU
Secretary of Labor
Title 13A
STATE BOARD OF EDUCATION
Subtitle 07 SCHOOL
PERSONNEL
13A.07.01 Comprehensive Teacher Induction Program
Authority: Education Article, §§2-205(c), 5-206-1, [and] 6-202(b),
and 6-117, Annotated Code of Maryland
Notice of Proposed Action
[25-039-P-I]
The State Board of Education proposes to amend Regulations .01—.04,
repeal existing Regulations .05 and .09, and amend and recodify existing
Regulations .06—.08 to be Regulations .05—.07 under COMAR
13A.07.01 Comprehensive Teacher Induction Program. This action was
considered by the State Board of Education at its meeting on January 28, 2025.
Statement of Purpose
The purpose of this action is to define the requirements for
Maryland teacher induction programs, including program implementation,
mentorship, and evaluation and reporting.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed amendments
require local education agencies to modify their teacher induction programs to
align them with national standards, provide a minimum number of mentoring
minutes per month, and develop additional professional development for teachers
participating in the program. This will most likely require additional staff
and/or resources.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
|
|
|
Local Education Agencies
|
(E+)
|
Unknown
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Teachers
|
(+)
|
Unknown
|
III. Assumptions. (Identified by
Impact Letter and Number from Section II.)
C. Local education agencies may need to
invest in additional staff and/or resources to modify existing teacher
induction programs and implement the new requirements. Specifically, LEAs that
do not have enough mentor teachers to provide 180 minutes of mentoring a month,
may have to hire additional staff to fill this role. As of October 2024, the
minimum salary of a teacher with a professional license in Maryland varies from
$52,789 to $62,558. The maximum salary of a teacher who holds an advanced
professional license varies from $76,243 to $119,725.
Given the variability in teacher induction
programs across the 24 local education agencies, including the amount of
federal funding being used to support these programs, the number of new
teachers requiring induction, and salary schedules negotiated with local
collective bargaining units, MSDE cannot accurately estimate the amount of
expenditures required to align existing programs with the new regulatory
requirements.
F. Stronger induction programs that
incorporate evidence-based strategies for supporting, coaching, and retaining
teachers will have a direct impact on teacher retention, which may lead to an
increase in student achievement.
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 Kristin Alkire, Coordinator of Educator
Effectiveness, Maryland State Department of Education, 200 West Baltimore
Street, Baltimore, MD 21201, or call 410-767-0751, or email to
kristin.alkire@maryland.gov . Comments will be accepted through May 19, 2025. A
public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board
of Education during a public meeting to be held on June 24, 2025 at 9:00 a.m.,
at 200 West Baltimore Street, Baltimore, MD 21201.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, Standards for Professional
Learning (Learning Forward, 2022); InTASC Model Core Teaching Standards and
Learning Progressions for Teachers 1.0 (Council of Chief State School
Officers,2013); Social Justice Standards: The Teaching Tolerance Anti-Bias
Framework (Southern Poverty Law Center, 2018); International Society for
Technology in Education Standards for Educators (International Society for
Technology in Education, 2024); and Model Code of Ethics for Educators
(National Association of State Directors of Teacher Education and
Certification, 2023) have been declared documents generally available to the
public and appropriate for incorporation by reference. For this reason, they
will not be printed in the Maryland Register or the Code of Maryland
Regulations (COMAR). Copies of these documents are filed in special public
depositories located throughout the State. A list of these depositories was
published in 52:2 Md. R. 53 (January 24, 2025), and is available online at
www.dsd.maryland.gov. These documents may also be inspected at the office of
the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.
.01 Purpose and Scope.
This chapter applies to a comprehensive induction program for new
teachers. The purpose of this regulation is to provide guidance for local
school systems to establish a high quality induction program that addresses
critical professional learning needs of new teachers, improves instructional
quality, and helps inductees achieve success in their initial assignments,
resulting in improved student learning and higher retention in the profession. [The
induction program that each local school system designs shall reflect coherence
in structure and consistency in focus to ensure an integrated, seamless system
of support.] Recognizing that "one-size-fits-all" induction
programs do not meet the needs of new teachers, these regulations establish the
components of an induction program, allowing local school systems to build on
their current programs.
.02 Incorporation by Reference.
In this chapter, the following documents are incorporated by
reference:
A. [Maryland Teacher Professional Development Standards] Standards
for Professional Learning (Learning Forward, 2022);
B. [Maryland Teacher Professional Development Planning Guide
(updated November 2008)] InTASC Model Core Teaching Standards and
Learning Progressions for Teachers 1.0 (Council of Chief State School Officers,
2013);
C. [Maryland Teacher Professional Development Evaluation
Guide, October 2008.] Social Justice Standards: The Teaching
Tolerance Anti-Bias Framework (Southern Poverty Law Center, 2018);
D. International Society for Technology in Education Standards
for Educators (International Society for Technology in Education, 2024); and
E. Model Code of Ethics for Educators (National Association of
State Directors of Teacher Education and Certification, 2023).
.03 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Mentee” means a public school teacher who [is the
recipient of] receives the services of a mentor.
(2) “Mentor” means [an individual who possesses the
attributes set forth in Regulation .06 of this chapter] a highly
competent teacher selected by the local school system who will work to instill
in a mentee the skills and knowledge necessary for student success in
accordance with Regulation .05 of this chapter.
(3) “New teacher” means a teacher who is:
(a) [New to the profession; or] Professionally
licensed and has less than three years of teaching experience; or
(b) [A veteran who is new to the district] Holds a
Conditional License or Resident Teacher License.
(4) “Veteran teacher” means a professionally licensed teacher
who is new to the local school system and has 3 or more years of teaching
experience.
.04 [General] Programmatic Requirements.
A. Each local school system shall establish and maintain a
comprehensive induction program for all new teachers that is at least 3
years in duration.
B. Each local school system shall establish and maintain a
comprehensive induction program for all veteran teachers that is at least 1
year in duration.
[B.] C. [The] Each
comprehensive induction program shall be designed [to provide] with
a coherent structure and consistent focus to ensure an integrated, seamless
system of support for participating teachers and provide them with
the knowledge and skills necessary to be successful in their classrooms and
schools [to enable] and prepare them to stay in the
profession.
[C. The content and structure of the comprehensive induction
program shall be aligned with the Maryland Teacher Professional Development
Standards set in December 2004.]
D. A comprehensive induction program may be developed and
implemented in collaboration with an institution of higher education.
[D.]E. [The] Each
comprehensive induction program shall include:
[(1) Standards for effective mentoring that:
(a) Are focused;
(b) Are systematic;
(c) Are ongoing;
(d) Are of high quality;
(e) Are geared to the needs of each teacher; and
(f) Include observations with feedback;
(2) Before the school year begins, orientation programs for all
teachers new to the local school system;
(3) Ongoing support from a mentor, including regularly scheduled
meetings during noninstructional time;
(4) Regularly scheduled opportunities for new teachers to observe
or co-teach with skilled teachers;
(5) Follow-up discussions of the observations and co-teaching
experiences;
(6) Ongoing professional development designed to address new
teacher needs and concerns and, for any teachers not on track to qualify for
tenure at any formal evaluation point, additional professional development, as
appropriate; and
(7) Ongoing formative review of new teacher performance, including
classroom observations, reviews of lesson plans, and feedback based on clearly
defined teaching standards and expectations.]
(1) An initial orientation;
(2) Ongoing participation in an educator professional learning
community;
(3) A plan for professional licensure, if applicable;
(4) Specialized professional learning on the knowledge and
skills new educators need that is aligned with the Maryland-recognized
professional learning standards incorporated by reference in Regulation .02 of
this chapter;
(5) Professional learning on State and local school system
initiatives and priorities, including the teacher evaluation system, career
ladder for educators, and the College and Career Readiness Standards;
(6) Professional learning and support for working with students
with disabilities, multi-lingual learners, and differentiating instruction;
(7) Professional learning for using technology in education
aligned with the International Society for Technology in Education Standards
for Educators incorporated by reference in Regulation .02 of this chapter;
(8) Review and assessment of the principles of the Model Code of
Ethics for Educators incorporated by reference in Regulation .02 of this
chapter;
(9) Job-embedded individualized and differentiated mentoring;
(10) Regularly scheduled opportunities for new teachers to
observe and co-teach with skilled teachers, including follow-up discussions of
the experiences;
(11) Assistance for new teachers with planning instruction;
(12) Observations of instruction with feedback;
(13) Ongoing professional learning on the multi-tiered system of
supports (MTSS) framework to support all students; and
(14) A schedule aligned to the Career Ladder for Educators established in Education
Article, §6-1003, Annotated Code of Maryland.
[E.] F. [The local school systems shall
consider the need for staffing to] Each local school system may
identify a program coordinator who will plan and facilitate induction
activities by:
[(1) Plan and coordinate all induction activities;
(2) Supervise new teacher mentors;
(3) Communicate with principals and other school leaders about
induction activities; and
(4) Oversee the evaluation of the comprehensive induction program.]
(1) Communicating with principals and other school leaders about
induction activities;
(2) Building and maintaining partnerships with local
institutions of higher education to ensure a seamless transition from
graduation to induction; and
(3) Overseeing the evaluation of the comprehensive induction
program.
[F.] G. [The comprehensive induction
program may provide annual training for principals, assistant principals, and
school-based professional development staff
to familiarize them with the factors that contribute to teacher attrition and
retention, the learning activities and schedule for induction program
participants, the role of mentors and expectations for supporting mentors' work
in schools, and the importance of school-level coordination of support for new
teachers.] The comprehensive induction program shall include ongoing
professional learning for school leaders. Professional learning may address the
following:
(1) Retention strategies;
(2) Creating the climate and systems for induction;
(3) Working with mentors and new teachers; and
(4) Aligning induction supports with local school system
initiatives and strategies.
[.06] .05 Mentoring
Component of the Comprehensive Induction Program.
A. A local school system shall establish [a] an
instructional mentoring program as part of its Comprehensive Induction
Program.
B. [A local school system shall establish a cadre of
full-time or part-time mentors to support teachers during their comprehensive
induction period.] The mentoring program shall provide
individualized, instruction-focused, job-embedded support and mentoring that
begins when a teacher is hired into the local school system.
[C. To the extent practicable given staffing and fiscal
concerns, local school systems shall establish the maximum ratio of mentors to
mentees in the comprehensive induction program at one mentor to 15 mentees.]
C. The mentoring program shall include standards for effective
mentoring that are:
(1) Focused;
(2) Systematic;
(3) Ongoing;
(4) Of high quality;
(5) Geared to the needs of each teacher; and
(6) Include observations with feedback.
D. [A mentor under the comprehensive induction program may
be assigned school-level administrative duties only on an emergency basis.] The
mentoring program shall include mentoring activities related to the Five Core
Propositions of National Board Certification focusing on planning,
instructional practices, and analyzing student learning.
[E. A
mentor under the comprehensive induction program may not participate in the
formal evaluation of a mentee.
F. Mentors shall:
(1) Demonstrate knowledge of adult learning theory and peer
coaching techniques;
(2) Demonstrate a knowledge base and skills to address the
performance evaluation criteria and outcomes to be met by each mentee; and
(3) Hold an advanced professional certificate and be rated as a
satisfactory or effective teacher or be a retiree from a local school system
and have been rated as a satisfactory or effective teacher; and
(4) Possess a positive reference from a current or recent building
principal or supervisor that addresses the instructional, management, human
relations, and communication skills of the mentor applicant.
G. Local school systems shall provide ongoing training for mentors
that includes:
(1) Initial training for each mentor prior to assuming the
assignment on the essential characteristics of mentoring adults and the duties
and responsibilities of a mentor;
(2) Ongoing training and feedback to enable each mentor to address
the specific and varied performance needs of mentees;
(3) Models of effective instructional practices that address the
identified needs of mentees; and
(4) Identification and coordination of appropriate resources to
address the performance needs of mentees.]
E. The mentoring program shall support new teachers in
developing culturally relevant teaching practices for all students.
F. To the extent practicable given staffing and fiscal concerns,
each new teacher shall receive at least 180 minutes of mentoring per month.
G. Each local school system shall have a rigorous selection process
for mentors that includes:
(1) A demonstration of their instructional expertise through a
performance task, submission of instructional data, or both;
(2) Assurance that the mentor holds:
(a) A Professional or Advanced Professional License; and
(b) At least an effective, or comparable, rating on the most
recent local school system evaluation;
(3) A recommendation from a school or district leader who
previously or currently supervises the individual; and
(4) Once the Career Ladder is well established, prioritization
of those teachers with a designation of Lead, Distinguished, or Professor
Distinguished Teacher.
H. Each local school system shall establish a process for
matching mentors and mentees that:
(1) Correlates licensure areas or grade bands; and
(2) Considers diversity markers to the extent practicable.
I. Local school systems shall provide initial and ongoing
training for mentors that may include:
(1) Mentoring language and stances;
(2) Key practices of a mentor, including differentiation of
support;
(3) Adult learning practices;
(4) Elements of instructional mentoring, such as observations,
planning, and analyzing student work;
(5) Reflection on mentoring practice and communities of
practice;
(6) Anti-bias pedagogy aligned with the Social Justice Standards
incorporated by reference in Regulation .02 of this chapter; and
(7) Identification and coordination of appropriate resources to
address the performance needs of mentees.
J. A mentor in the comprehensive induction program may not
participate in the formal evaluation of a mentee.
[.07] .06 Evaluation of the Comprehensive Induction Program.
A. Local school systems shall evaluate the effectiveness of
the comprehensive induction program [and shall use the Maryland Teacher
Professional Development Evaluation Guide, October 2008, as a resource for
developing an evaluation model].
B. Each local school system induction program shall develop a
comprehensive evaluation plan that includes:
(1) Mentee and mentor perception data of their overall induction
experience;
(2) Mentee experience data regarding their work with their
mentor;
(3) Mentor experience data regarding their work with their
mentee;
(4) Evidence of program components aligned to the:
(a) Five Core Propositions of the National Board for
Professional Teaching Standards, which are:
(i) Teachers are committed to students and their learning;
(ii) Teachers know the subjects they teach and how to teach
those subjects to students;
(iii) Teachers are responsible for managing and monitoring student
learning;
(iv) Teachers think systematically about their practice and
learn from experience; and
(v) Teachers are members of learning communities;
(b) Model Code of Educator Ethics; and
(c) InTASC Model Core Teaching Standards and Learning
Progressions for Teachers 1.0;
(5) Teacher growth data from the beginning to the end of the
induction program as measured by the local school system teacher evaluation
system;
(6) Induction program participants' retention data; and
(7) Evidence of the number of instructional-driven mentoring
minutes every month.
[.08] .07 [Date of] Compliance and Reporting.
A. Local school systems shall be in full compliance with
this chapter by July 1, [2011] 2027.
B. Local school systems shall provide a report to the Department
by July 1, 2027 that includes:
(1) A description of the comprehensive induction program
demonstrating compliance with this chapter; and
(2) An evaluation plan that meets the requirements under
Regulation .07 of this chapter.
C. Local school systems shall provide a report to the Department
beginning July 1, 2029, and every 3 years thereafter, that includes:
(1) Mentee and mentor data, including:
(a) Mentee growth from the beginning to the end of the induction
program;
(b) Teacher retention;
(c) The number of mentees participating in the comprehensive
induction program;
(d) The number of mentors assigned to teachers in the
comprehensive induction program; and
(e) The number of teachers who did not receive at least 180
minutes of mentoring per month under Regulation .05F of this chapter with an
explanation of the reasons; and
(2) The results of the
evaluation of the comprehensive induction program developed under Regulation
.07 of this chapter.
CAREY M. WRIGHT, Ed.D.
State Superintendent of Schools
13A.07.06 Programs for Professionally Licensed Personnel
Authority: Education Article, §§1-303(2)(ii) and (iii), 2-205,
6-120, 6-121, 6-126, 6-704, and 11-208, Annotated Code of Maryland
Notice of Proposed Action
[25-035-P-I]
The State Board of Education proposes to amend Regulation .03
under COMAR 13A.07.06 Programs for Professionally Licensed Personnel. This action was considered by the State Board
of Education at its meeting on January 28, 2025.
Statement of Purpose
The purpose of this action is to ensure educator preparation
programs align with the most updated national standards.
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 Alexandra Cambra, Director, Division of
Educator Effectiveness, Maryland State Department of Education, 200 West
Baltimore Street, Baltimore, MD 21201, or call 410-767-0564, or email to:
alexandra.cambra@maryland.gov. Comments will be accepted through May 19, 2025.
A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board
of Education during a public meeting to be held on June 24, 2025 at 9:00 a.m.,
at 200 West Baltimore Street, Baltimore, MD 21201.
Editor’s Note on Incorporation by Reference
Pursuant to State Government Article, §7-207, Annotated Code of
Maryland, National Standards for the Preparation of Social Studies Teachers,
National Council for Social Studies (NCSS), 2018; Handbook, National
Association of Schools of Theatre (NAST), 2023—2024; Introduction to the 2024
CACREP Standards, Council for Accreditation of Counseling & Related
Educational Programs (CACREP), 2024; American Library Association (ALA),
American Association of School Librarians (AASL), & the Council for the
Accreditation of Educator Preparation (CAEP) School Librarian Preparation
Standards, 2019; Standards for the
Preparation of Literacy Professionals, International Literacy Association (ILA)
Standards for the Preparation of Literacy Professionals, 2017; Standards for Graduate Preparation of School
Psychologists, National Association of School Psychologists (NASP), 2020; Standards
for Learning American Sign Language: A Project of the American Sign Language
Teachers Association, American Sign Language Teachers Association (ASLTA),
2012; National Association of Schools of Music (NASM), Handbook 2023—2024; National
Standards for Initial Physical Education Teacher Education, Society of Health
and Physical Educators (SHAPE), 2017; Standards for Initial TESOL Pre-K—12
Teacher Preparation Programs, Teaching English to Speakers of Other Languages
(TESOL), 2019; Model Code of Ethics for Educators (MCEE) 2nd Ed., National
Association of State Directors of Teacher Education and Certification, (2023); have
been declared documents generally available to the public and appropriate for
incorporation by reference. For this reason, they will not be printed in the
Maryland Register or the Code of Maryland Regulations (COMAR). Copies of these
documents are filed in special public depositories located throughout the
State. A list of these depositories was published in 52:2 Md. R. 53 (January
24, 2025), and is available online at www.dsd.maryland.gov. These documents may
also be inspected at the office of the Division of State Documents, 16 Francis
Street, Annapolis, Maryland 21401.
.03 Incorporation by Reference.
In this chapter, the following documents related to national and
State standards are incorporated by reference:
A.—G. (text unchanged)
H. Secondary Areas.
(1)—(6) (text unchanged)
(7) National Standards for the Preparation of Social Studies
Teachers, National Council for Social Studies (NCSS), [2017] 2018.
(8) Handbook, National Association of Schools of Theatre (NAST), [2022—2023]
2023—2024.
I. Specialist Areas.
(1) (text unchanged)
(2) Introduction to the [2016] 2024 CACREP
Standards, Council for Accreditation of Counseling & Related Educational
Programs (CACREP), [2016] 2024.
(3) (text unchanged)
(4) American Library Association (ALA), American Association of
School Librarians (AASL), & the Council for the Accreditation of Educator
Preparation (CAEP) School Librarian Preparation Standards, 2019.
[(4)] (5)— [(5)] (6) (text
unchanged)
[(6)] (7) Standards for the Preparation of
Literacy Professionals, International Literacy Association (ILA) Standards for
the Preparation of Literacy [Professional] Professionals,
2017.
[(7)] (8) Standards for Graduate Preparation
of School Psychologists, National Association of School Psychologists (NASP), [2010]
2020.
[(8)] (9) (text unchanged)
J. Specialty Areas (PreK—12).
(1) (text unchanged)
(2) Standards for Learning American Sign Language: A Project of the
American Sign Language Teachers Association, American Sign Language Teachers
Association (ASLTA), [2018] 2012.
(3) (text unchanged)
(4) National Association of Schools of Music (NASM), Handbook [2022—2023]
2023—2024.
(5)—(8) (text unchanged)
(9) National Standards for Initial Physical Education Teacher
Education, Society of Health and Physical Educators (SHAPE), [2018] 2017.
(10) Standards for Initial TESOL Pre-K—12 Teacher Preparation
Programs, Teaching English to Speakers of Other Languages (TESOL), [2018]
2019.
(11) (text unchanged)
K. General Teaching.
(1)—(2) (text unchanged)
(3) Model Code of Ethics for Educators (MCEE) 2nd Ed.,
National Association of State Directors of Teacher Education and Certification,
[2021] (2023).
(4) (text unchanged)
CAREY M. WRIGHT, ED.D.
State Superintendent of
Schools
Title 14
INDEPENDENT AGENCIES
Subtitle 30 PUBLIC EMPLOYEE RELATIONS BOARD
14.30.13
Collective Bargaining
Authority: State
Government Article §22-306(e)—205(e), Annotated Code of Maryland
Notice of Proposed
Action
[25-053-P]
The Public Employee
Relations Board proposes to amend Regulation .01 under COMAR 14.30.13
Collective Bargaining. This action
was considered at the February 19, 2025 public meeting of the Public Employee
Relations Board.
Statement of Purpose
The purpose of this action
is to bring the regulations in line with previously proposed ideas of
regulatory amendments, and update current regulations to coincide with current
needs of the Public Employee Relations Board.
Estimate of Economic
Impact
The proposed action has no
economic impact.
Economic Impact on
Small Businesses
The proposed action has
minimal or no economic impact on small businesses.
Impact on Individuals
with Disabilities
The proposed action has no
impact on individuals with disabilities.
Opportunity for Public
Comment
Comments may be sent to
Erica L. Snipes, Executive Director, Public Employee Relations Board, 45
Calvert Street, Suite 102, Annapolis, MD
21401, or call 410-260-7291, or email to erica.snipes@maryland.gov.
Comments will be accepted through May 19, 2025. A public hearing has not been
scheduled.
.01 Negotiations.
A. The designated
representatives of the employer and of the exclusive representative shall:
[(1) Establish
ground rules for negotiations;]
[(2)] (1)—[(6)]
(5) (text unchanged)
[(7)] (6)
Negotiate a written agreement by collective bargaining in good faith [in
closed sessions].
B.—D. (text unchanged)
ERICA L. SNIPES
Executive Director
Title 14
INDEPENDENT AGENCIES
Subtitle 39 INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION
Notice of Proposed
Action
[24-233-P]
The Interagency Commission
on School Construction proposes to:
(1)
Amend Regulation .01 under COMAR 14.39.01 Terminology; and
(2) Amend Regulations .04,
.05, .07, .08, .09, .12—.18, .20, and
.32, and adopt new Regulation .33 under COMAR 14.39.02
Administration of the Public School Construction Program.
This action was considered
by the Interagency Commission on School Construction at open meetings held on
December 19, 2024, and February 13, 2025, notice of both of which was given by
publication on the General Assembly website pursuant to General Provisions
Article, §3-302, Annotated Code of Maryland.
Statement of Purpose
The purpose of this action
is to amend the Interagency Commission
on School Construction's regulations to add several definitions which are
regularly used by IAC staff and LEAs, but do not have definitions codified in
regulation. These definitions include “Alternative Education”, “Cooperative Use
Space”, “Furniture, Fixtures, and Equipment (FF&E)”, and “Renewal”, to
clarify the use of “renovation” in the
place of how the term “limited renovation” was previously used, to adjust
language to reflect previously mentioned term changes, including adjusting the use of “limited
renovation” to “renovation” and the use of “renovation” to “renewal”, and
changing use of the phrase “early planning and design” to “project development
and design”, add information on when feasibility studies are required, when
LEAs can obtain construction funding for leased facilities, information on IAC
practices for obtaining Schematic Design, Construction Documents, and Design
Documents, and when Pedestrian Safety Plans are required, and to allow for
additional funding for projects eligible for the Net-Zero State Cost-Share
Add-on in certain circumstances.
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 Victoria Howard, Policy Analyst,
Interagency Commission on School Construction, 351 W. Camden St., Suite 701
Baltimore MD 21201, or call 410-767-0600, or email to
victoria.howard@maryland.gov. Comments will be accepted through May 19, 2025. A
public hearing has not been scheduled.
Open Meeting
Final action on the proposal
will be considered by Interagency Commission on School Construction during a
public meeting to be held on June 12, 2025 at 9am, at
https://iac.mdschoolconstruction.org/?page_id=315.
14.39.01 Terminology
Authority: Education Article, §§4-126, 5-112, and 5-301—5-321,
Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)“Alternative
education” means a public elementary or secondary school or program that
addresses the needs of students that typically cannot be met in a regular
school program and is designed to meet the needs of students with academic
difficulties and/or discipline problems, and temporarily provide students with
specialized instructional and/or behavioral supports for a specified time
period before returning to their home school.
[(1)](2)—[(2)](3)
(text unchanged)
(4) “Capital
maintenance” means projects that involve the major repair, alteration, and
replacement of building systems, equipment, finishes, and components, including
their removal and disposal, and are sometimes referred to as “systemic
renovation” projects.
[(3)](5)—[(8)] (10)
(text unchanged)
(11) “Cooperative-use
space” means areas in a school that serve as shared or co-located spaces in
which both the LEA and non-LEA organizations deliver programs and/or services.
[(9)] (12)—[(16)] (19)
(text unchanged)
(20) “Furniture,
Fixtures, and Equipment (FF&E)” means a category of items such as chairs,
desks, movable equipment, and fixed components that are required for the
delivery of education within a school facility and are normally not included in
the construction contract.
[(17)] (21)—[(24)] (28)
(text unchanged)
[(25) “Limited renovation”
means to upgrade an existing building and site, or a portion of a building and
site, by upgrading or replacing a minimum of five major building systems and
may include educational or architectural enhancements.]
[(26)] (29)—[(36)] (39)
(text unchanged)
(40) “Renewal” means a capital improvement project for an
existing school that, on completion, results in a like-new operational
condition for the school as defined by the Commission.
[(37)] (41) “Renovation” means a [major] construction
project to upgrade an existing building and site, or a portion of a building
and site, to [achieve the current educational, building performance, and
aesthetic qualities of a new school] improve a school facility’s
educational, building performance, and/or aesthetic qualities but which does
not achieve a renewal or like-new condition.
[(38)] (42)—[(47)] (51) (text unchanged)
14.39.02 Administration of the Public
School Construction Program
Authority: Education Article, §§2-303, 4-126, 5-112, and
5-303; State Finance and Procurement Article, §5-7B-07, Annotated Code of
Maryland
.04 Capital Improvement Program.
A. Local Submissions.
(1) Annually by the date the IAC specifies, each LEA with approval
from its local board shall submit to the IAC a local capital improvement
program for the next fiscal year that identifies and prioritizes:
(a) New construction projects, including replacement schools and
additions, [and] renewal projects, renovation projects, [including
limited renovation projects] and capital maintenance projects, that are
proposed for local planning approval;
(b) New construction projects, including replacement schools and
additions, renewal projects, and renovation projects, [including limited
renovation projects] that are proposed for [planning] project development
and design funding;
(c) New construction projects, including replacement schools and
additions, renewal projects, renovation projects, [including limited
renovation projects, systemic renovation] capital maintenance projects,
and relocatable facilities that are proposed for funding approval; and
(d) New construction projects, including replacement schools and
additions, renewal projects, and renovation projects, [including limited
renovation projects], that the LEA has locally funded and for which the LEA
seeks planning approval and funding approval.
(2) (text unchanged)
B. IAC Review
(1) [Planning] Project Development and Design Funding
Approval. The IAC or its designee shall evaluate the merits of [planning] project
development and design funding [approval] requests contained in the local
capital improvement programs using the following factors as applicable and rank
the requests on a Statewide basis using the following factors: [in
§B(1)(a)(e) of this regulation:]
(a)—(f) (text unchanged)
(g) Documentation for [limited] renovation projects for which the
State has provided funding for projects within the past 15 years;
(h)—(n) (text unchanged)
(2)—(4) (text unchanged)
C. Priority Funding Area Review
(1)—(2) (text unchanged)
(3) The following school construction projects are not subject to
the requirement of §C(1) of this regulation:
(a)—(c) (text unchanged)
(d) A renewal, renovation, [limited renovation,] addition,
or [systemic] capital maintenance renovation project.
D. Preliminary State Capital Improvement Program.
(1) By December 31 annually, the IAC shall approve a preliminary
State capital improvement program for the following fiscal year that:
(a) Identifies new construction
projects, including replacement schools and additions, [renovation] renewal
projects, [including limited] renovation projects, [systemic] capital
maintenance renovation projects, and relocatable facilities recommended for
local planning approval, [planning] project development and design
funding approval, or funding approval;
(b)—(c) (text unchanged)
(2) A [systemic renovation] capital maintenance project
solicited before IAC approval is eligible for State funding if it has design
development and construction document approvals by the IAC and was deemed
eligible but deferred due to fiscal constraints in a prior year CIP.
E. Interim State Capital Improvement Program.
(1) Before March 1 of each year, the IAC shall submit to the
presiding officers and the budget committees of the General Assembly and the
Department of Legislative Services an interim State capital improvement program
that totals 90 percent of the anticipated final capital budget by proposing:
(a) (text unchanged)
(b) Renewal projects;
[(b)] (c) Renovation [projects, including limited
renovation] projects;
[(c)] (d) [Systemic renovation] Capital maintenance
projects;
[(d)] (e)—[(e)](f) (text unchanged)
(2) (text unchanged)
(3) A [systemic renovation] capital maintenance project
solicited before IAC approval is eligible for State funding if it has design
development and construction document approvals by the IAC and was deemed
eligible but deferred due to fiscal constraints in a prior CIP year.
F. Final State Capital Improvement Program IAC Approval.
(1) After May 1 and before June 1, provided that the capital budget
is approved during the regular General Assembly Session, the IAC shall approve
a final State capital improvement program that identifies new construction
projects, including replacement schools and additions, renewal projects,
renovation projects, [including limited renovation projects, systemic
renovation] capital maintenance projects, and relocatable facilities
recommended for planning approval or funding approval and that identifies a maximum
State construction allocation for each project.
(2)—(3) (text unchanged)
G. (text unchanged)
.05 State-Rated Capacity.
A. (text unchanged)
B. Elementary Schools.
(1)—(2) (text unchanged)
(3) The approved capacity for an elementary school classroom is:
(a)—(c) (text unchanged)
(d) Grade 6 classroom:[—25; and]
(i) If located in an elementary school—23; or
(ii) If located in an elementary/middle school, or a secondary
school—25;
(e) Special education classroom—10[.]; and
(f) Alternative education classroom—10.
(4)—(5) (text unchanged)
C. Secondary Schools.
(1)—(2) (text unchanged)
(3) The approved capacity for a secondary school classroom is:
(a) Grades 6 through 12 classroom—25; [and]
(b) Special education classroom—10[.]; and
(c) Alternative education classroom—10.
D—F. (text unchanged)
.07 Maximum State Construction Allocation.
A. The maximum State construction allocation is the maximum amount
the State may fund of eligible [construction] costs for each public school
construction project.
B.—E. (text unchanged)
F. The average Statewide per-square-foot school building cost that
applies to each annual capital improvement program:
(1) (text unchanged)
(2) Is based on:
(a) (text unchanged)
(b) Cost information derived from industry sources; [and]
(3) May be adjusted by the IAC to reflect market conditions before
submission of the final State capital improvement program [.]; and
(4) Projects that qualify for the Net-zero State Cost Share
add-on pursuant to COMAR 14.39.02.06E(4) for which the applicant project
receives a State cost share of 96 percent or greater in accordance with COMAR
14.39.02.06F and including the State Cost Share add-ons pursuant to COMAR
14.39.02.06E(1)—(3), may be eligible for an increase to the
cost-per-square-foot described in this regulation equal to the value of a 5
percentage point increase in the State Cost Share for the project minus the
value of the difference between 100 percent and the applicant project State
cost share including add-ons pursuant to COMAR 14.39.02.06E(1)—(3).
G. (text unchanged)
H. [Renovation] Renewal.
(1) The maximum State construction allocation for projects proposed
to [renovate] renew buildings or portions of buildings, 16 years or
older, is calculated according to either:
(a) The following formula:
(i) Beginning with the oldest portion of the building, and using
the gross area baseline as the upper limit, determine the eligible square
footage of the [renovation] renewal categorized according to the age
group of the building portion containing the [renovation] renewal;
(ii) (text unchanged)
(iii) Age of building portion containing [renovation] the renewal
as measured from January 1 following the IAC December 31 submission of the
preliminary State capital improvement program: [40 years or older100 percent;
31 to 39 years85 percent; 26 to 30 years75 percent; 21 to 25 years 65 percent;
16 to 20 years50 percent; and 0 to 15 years 0 percent;] 40 years or older—100
percent;31 to 39 years—85 percent; 26 to 30 years—75 percent; 21 to 25 years—65
percent; 16 to 20 years—50 percent; and 0 to 15 years—0 percent.
(iv)—(vi) (text unchanged)
(b) (text unchanged)
(2)—(3) (text unchanged)
I. [Limited] Renovation.
(1) The estimated cost of construction of a [limited] renovation
may not exceed the estimated cost of construction for a [renovation] renewal.
(2) The maximum State construction allocation for a [limited]
renovation is calculated by multiplying the estimated costs of construction,
including site work, by the State cost share percentage.
(3) (text unchanged)
(4) Adjustments to Maximum State Construction Allocation for
a [Limited] Renovation.
(a) (text unchanged)
(b) If projects in the school have been funded within the previous
15 years, the LEA shall provide documentation to identify all previously funded
[scope] scopes of work that may be replaced or upgraded in the [limited]
renovation.
(5) For a [limited] renovation, the new average year of completed
construction of the building or portion of the building is determined by the
average year of completed construction of the original building, plus the year
of completed construction of the [limited] renovation, divided by 2.
(6) (text unchanged)
J. Addition. When a project involves an addition only, the IAC at
its discretion may calculate the maximum State construction allocation
according to either:
(1)—(2) (text unchanged)
K. Addition in Conjunction with [Renovation] Renewal or
[Limited] Renovation. When an addition involves both an addition and a
renovation or a [limited renovation] renewal, the maximum State
construction allocation is established by adding the [renovation] renewal
or [limited] renovation maximum State construction allocation calculated
according to §G or H of this regulation and the addition (new construction)
maximum State construction allocation calculated according to §J of this
regulation.
L. Replacement
(1)—(2) (text unchanged)
(3) If the State approves renovating or renewing an existing
school and the LEA builds a replacement school, the IAC may reduce the
[renovation] maximum State construction allocation for that project by 15
percent.
(4) (text unchanged)
M. Forward-Funded Project. If the maximum State construction
allocation for a forward-funded project is calculated according to the formulas
in §G, H, or I of this regulation, the following factors shall be applied:
(1)—(3) (text unchanged)
(4) For a [limited] renovation project, the amount of the awarded
scope of work, not to exceed the maximum State construction allocation as
developed in §H(1)(a) of this regulation.
N. (text unchanged)
.08 Changes to the Maximum State Construction Allocation.
After the IAC sets the maximum State construction allocation in
the State capital improvement program:
A. (text unchanged)
B. The IAC may increase the maximum State construction allocation
for a [systemic renovation] capital maintenance
project when [the LEA has sufficient reserve funds available based on the
following]:
(1) (text unchanged)
(2) The LEA documents that the:
(a) LEA has taken reasonable actions to reduce construction
costs; and
(b) Construction costs have resulted from exceptional
circumstances.
[(2)] (3) (text unchanged)
C. The IAC may increase the maximum State construction allocation for
a project other than a [systemic renovation] capital maintenance project
[based on the following:] if [(1)] the LEA documents that the: [(a)]
project has critical impact on the LEA's budget; [(b)] LEA has taken reasonable
actions to reduce construction costs; and [(c)] construction costs have
resulted from exceptional circumstances different from those that confront most
projects in the State or region. [; and]
[(2) The State Superintendent of Schools determines that:
(a) The educational impact of the project extends beyond the school
and its immediate community; and
(b) There are no alternatives to resolving the educational facility
problem that the project addresses.]
.09 [Early Planning] Project Development and Design Funding
Allocation.
A. The [early planning] project development and design
funding allocation is the maximum amount the State may fund of eligible
[planning] project development and design costs for a public school
construction project.
B. The [early planning] project development and design
funding allocation for each approved public school project is set in the State
capital improvement program.
C. The [early planning] project development and design
funding allocation may not exceed [10%] 10 percent of a preliminary
maximum State construction allocation as set forth in Regulation .06 of
this chapter and as calculated in the year of the request for [early planning] project
development and design funding.
.12 Eligible Expenditures.
The following expenditures may be eligible for State funding:
A.—C. (text unchanged)
D. [Renovation] Renewal or [limited] renovation, that is,
the work necessary to restore and modernize an existing school facility or a
portion of a facility that is 16 years or older;
E. [Systemic renovations] Capital maintenance projects as
set forth in Regulation [.15] .16 of this chapter;
F.—K. (text unchanged)
[L. Window air-conditioning units, and associated electrical
upgrades, installation, and security in schools where more than half of
classrooms are not temperature-controlled.
(1) Nothwithstanding any other regulation, the IAC may not
recommend to subtract funding from the maximum State construction allocation
for future renovation projects based on funding of air-conditioning units under
this regulation;
(2) An LEA receiving funding for air-conditioning units shall
annually certify that the units are being maintained on an ongoing basis and
are operable; and]
[M.] L. (text unchanged)
.13 Ineligible Expenditures.
The following expenditures are ineligible for State funding:
A.—C. (text unchanged)
D. Projects proposed in buildings or portions of buildings that
have been constructed or renovated within 15 years, except that [a] building or
portion of a building in which a [limited] renovation was performed is eligible
for additional work within 15 years of the date that the [limited] renovation
construction was completed;
E. [Systemic renovation] Capital maintenance projects to
replace, upgrade, or renovate building systems that have been replaced,
upgraded, or renovated within 15 years[.];
F.—N. (text unchanged)
.14 School Site Selection.
A. An LEA shall submit a proposed site to the [Maryland Department
of Planning through the Public School Construction Program] Interagency
Commission on School Construction for:
(1) Acquisition of a new site planned for a new or
replacement school that will be requested for Local Planning approval within
3 years;
(2)—(3) (text unchanged)
B. Unless a waiver is granted in accordance with Regulation [.30] .31
of this chapter, a proposed site for a new school or a replacement school
that adds capacity shall be in a priority funding area.
C. (text unchanged)
D. Before submitting the request for site approval to the IAC, the
LEA shall:
(1) Submit the school site selection to the Maryland
Department of Planning for State Clearinghouse review; [and]
(2) Resolve any issues brought up in the State Clearinghouse
Review[.]; and
(3) Submit the school site selection to the State
Superintendent for approval or disapproval in accordance with Education
Article, §2-303(f), Annotated Code of Maryland.
E. When submitting the school site for IAC approval, the LEA
shall include:
(1) The local board of education’s approval of the school site
acquisition [to the IAC; and];
(2) The State Superintendent’s approval of the school
site acquisition; and
[(2)] (3) For a new school or a replacement school that adds
capacity located outside of a priority funding area, a request for a waiver in
accordance with regulation [.30] .31 of this chapter.
F. The IAC may recommend including a project for planning approval
in the State capital improvement program only if the [project] school site
has been approved or re-approved by the IAC and the State Superintendent in
the preceding 3 years.
G. Priority Funding Area Review.
(1) (text unchanged)
(2) The following sites for school construction projects are not
subject to priority funding area review:
[(a) A site that was approved prior to the effective date of this
regulation if a new school or a replacement school that adds capacity on the
site received planning approval within 5 years of the date of the previous
approval; and]
[(b)] (a) A site for a replacement school when there is no
increase of capacity[.]; or
(b) A site granted a Priority Funding Area Waiver in accordance
with .31 of this chapter.
.15 New Construction, [Renovation] Renewal, and [Limited]
Renovation Projects.
A. This regulation applies to new construction, [renovation] renewal,
and [limited] renovation projects approved in the State capital improvement
program.
B. (text unchanged)
C. Educational Specifications.
(1) Unless an LEA is certified to complete review of educational
specifications as provided by Education Article §5-314, Annotated Code of
Maryland, the LEA shall submit the projects educational specifications to the
IAC for every new construction, renewal, renovation, and renovation
addition project approved in the State capital improvement program.
(2)—(3) (text unchanged)
D. Feasibility Studies.
(1) An LEA that proposes to renew or renovate more than 25
percent of the gross square footage of a facility shall submit a feasibility
study.
(2) The IAC or its designee shall notify the LEA of concerns and
recommendations about the feasibility study.
(3) The LEA shall resolve the IAC’s issues to the reasonable
satisfaction of the IAC or its designee.
E. Cost Analysis. An LEA that proposes to renew a facility shall
produce evidence that the renewal is more cost effective than a new or
replacement school.
[D.] F. Schematic Designs, Design Development Documents, and
Construction Documents.
(1)—(2) (text unchanged)
(3) Schematic designs, design development documents, and
construction documents must be approved by local boards of education prior to
their submission to the IAC.
G. For new school construction projects that utilize State
funding, the LEA shall include waste disposal infrastructure in the design
documents submitted to the commission that includes a sink for liquid waste and
a place for the disposal of:
(1) Trash;
(2) Recyclables; and
(3) Food scraps.
H. Pedestrian Safety Plans.
(1) Definitions
(a) “High-Density county” refers to one of the following
jurisdictions:
(i) Anne Arundel County;
(ii) Baltimore City;
(iii) Baltimore County;
(iv) Howard County;
(v) Montgomery County; or
(vi) Prince George’s County.
(b) “Low-Density County” means any county in the State of
Maryland not listed in §H(1)(a) of this regulation.
(2) A County Board in a high-density county seeking State funds
for a new school, renewal, or addition to an existing school that would
increase the capacity of the school by more than 100 students shall submit a
pedestrian safety plan to the IAC.
(3) A County Board in a low-density county seeking State funds
for a project in a city with more than 10,000 residents for a new school,
renewal, or addition to an existing school that would increase the capacity by
more than 100 students shall submit a pedestrian safety plan to the IAC.
(4) A pedestrian safety plan shall:
(a) Be developed in collaboration with:
(i) The County Department of Transportation or equivalent agency
of the jurisdiction of the County Board submitting the plan; and,
(ii) The State Highway Administration.
(b) Be limited to the area surrounding the school for which the
County Board will not provide transportation to students;
(c) Identify existing and potential safe routes for students to
walk or bike to school;
(d) Evaluate the
infrastructure, including sidewalk infrastructure, along existing and potential
pedestrian or cyclist routes to the school to determine whether increased
capacity is necessary;
(e) Analyze existing and potential school zones, including the
need for expanding school zones on State and county roads; and,
(f) Include documentation of public participation and input
related to the pedestrian safety plan, including minutes from a public hearing
or meeting and written comments.
(5) The IAC shall approve a pedestrian safety plan if the plan
complies with §H(4) of this regulation.
[E.] I.—[I.] M. (text unchanged)
.16 [Systemic Renovations] Capital Maintenance Projects.
A. This regulation applies to [systemic renovation] capital
maintenance projects approved in the State capital improvement program. Capital
maintenance projects may also be referred to as “systemic renovation” projects.
B. A [systemic renovation] capital maintenance project:
(1)—(3) (text unchanged)
C. Requests.
(1) An LEA may submit a request to the IAC to fund a [systemic
renovation] capital maintenance project in the following circumstances:
(a)—(b) (text unchanged)
(2) The request may only be for eligible expenditures in a project
for which the total estimated construction cost is:
(a) (text unchanged)
(b) Less than $200,000 but more than $100,000 when the LEA does not
have any [systemic renovation] capital maintenance project requests that
exceed $200,000 in estimated construction costs.
(3) A county board may bundle, for approval and procurement
purposes:
(a) Similar [systemic renovation] capital maintenance projects
at different schools; and
(b) Interrelated [systemic] capital maintenance projects at
a single school.
D. Procedures. The requirements of Regulation [.14B and DI] .15B,
F, and I—M of this chapter and COMAR 14.39.03 apply to [systemic
renovation] capital maintenance projects approved in the State capital
improvement program.
.17 State-Owned Relocatable Facilities.
A.—C. (text unchanged)
D. IAC Review. The IAC shall evaluate [relocatable-facilities] relocatable
facilities funding [approval] requests using the following factors:
(1)—(3) (text unchanged)
E.—G. (text unchanged)
H. Surplus Property. The IAC may declare a State-owned relocatable
facility to be surplus property.
(1) LEAs who request the disposal of a State-owned relocatable
facility must have the request approved by the IAC prior to the disposal of the
unit.
(2) All disposals of State-owned property, including relocatable
facilities, are required to follow the Maryland Department of General Services’
disposal procedure.
.18 Emergency Repairs.
A.—C. (text unchanged)
D. Funding. The IAC may:
(1) (text unchanged)
(2) Determine whether the emergency repair funds will be deducted
from the maximum State construction allocation for future building renewals
and renovations based on the nature and cost of the emergency repairs.
.20 Aging Schools Program.
A.—B. (text unchanged)
C. Funding.
(1) Allocations for each LEA are set forth in Education Article
[§5-206] §5-324, Annotated Code of Maryland.
(2)—(3) (text unchanged)
D.—E. (text unchanged)
[F. Requirement to Use Funds.
(1) The LEA shall contract to expend funds allocated in a fiscal
year before the end of the fiscal year.
(2) The LEA shall expend funds allocated in a fiscal year and
request reimbursement within 5 months following the end of the fiscal year.
(3) The IAC may extend the time for placing a project under
contract or expending the funds under extraordinary circumstances.]
[G.] F. (text unchanged)
[H.] G. State Payment. The LEA shall submit to the IAC one
request for payment per [project] contract. The IAC or its designee
shall review the request for payment for determination of whether the request
comprises eligible expenditures and whether payment is within the allocation.
The State shall pay the LEA through a single reimbursement at project
completion.
[I.] H. (text unchanged)
.32 Emergency Management Shelters.
A.—C. (text unchanged)
D. For schools that will be used as emergency management shelters
based upon the LEA determination, local officials shall consult with the
[Maryland Emergency Management Agency (MEMA)] Maryland Department of
Emergency Management (MDEM) to determine those areas of the facility that
are necessary for public safety when the circumstances require the use of the
facility as a public shelter during or after a federal, State, or local
declared emergency.
E. (text unchanged)
.33 Built to Learn Program.
A. There is a Built to Learn Program. The Built to Learn Program
is separate from the State Capital Improvement Program. The Built to Learn
Program is governed by the memorandum of understanding (MOU), as defined in
Economic Development Article, §10-650, Annotated Code of Maryland, established
between the IAC and the Maryland Stadium Authority.
B. Funding allocations for the Built to Learn program are
mandated in Economic Development Article, §10–650, Annotated Code of Maryland,
and shall be distributed accordingly.
C. IAC review will consist of planning review, priority funding
area review, and available funding allocation review, Built to Learn projects
must be brought to the IAC for approval. For each project approved by the IAC,
the LEA shall establish an MOU with the Maryland Stadium Authority.
D. Built to Learn funding may be combined with Capital
Improvement Program funding, or funding from other IAC programs. Projects that
combine funding must meet the contract award requirements pursuant to COMAR
14.39.02 and 14.39.03.
ALEX DONAHUE
Executive Director
Title 20
PUBLIC SERVICE COMMISSION
Subtitle 50 SERVICE
SUPPLIED BY ELECTRIC COMPANIES
20.50.02 Engineering
Authority: Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, and
7-213, Annotated Code of Maryland
Notice of Proposed Action
[25-004-P-I]
The Public Service Commission proposes to amend Regulation .02
under COMAR 20.50.02 Engineering.
This action was considered by the Public Service Commission at a
scheduled rulemaking (RM 87) meeting held on December 11, 2024, notice of which
was given under General Provisions Article, §3-302(c), Annotated Code of
Maryland.
Statement of Purpose
The purpose of this action is to add acceptable standards needed to
certify equipment needed to implement vehicle-to-grid requirements in Chapter
09 Small Generator Facility Interconnection Standards of this subtitle.
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 Andrew S. Johnston, Executive Secretary,
Public Service Commission, 6 St. Paul Street, 16th Floor Baltimore, MD 21202,
or call 410-767-8067, or email to psc.rmcomments@maryland.gov. Comments will be
accepted through May 19, 2025. A public hearing has not been scheduled.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the Interconnection Requirements
for Onboard, Grid Support Inverter Systems, SAE J3072, Revision 3, June
10, 2024; Electric Vehicle Supply Equipment, UL 2594, Edition 3, December 15,
2022; and Electric Vehicle Power Export Equipment (EVPE), UL 9741, September
29, 2023; have been declared documents generally available to the public and
appropriate for incorporation by reference. For this reason, they will not be
printed in the Maryland Register or the Code of Maryland Regulations (COMAR).
Copies of these documents are filed in special public depositories located
throughout the State. A list of these depositories was published in 52:2 Md. R.
53 (January 24, 2025), and is available online at www.dsd.maryland.gov. The
document may also be inspected at the office of the Division of State
Documents, 16 Francis Street, Annapolis, Maryland 21401.
.02 Acceptable Standards.
Unless otherwise specified by the Commission, the utility shall use
the applicable provisions in the latest revised version of the incorporated by
reference publications listed below as standards of accepted good engineering
practice in this subtitle:
A.—J. (text unchanged)
K. Guide for Electric Power Distribution Reliability Indices, IEEE
Standard 1366—2003, 4.5 Major event day classifications; [and]
L. Institute of Electrical and Electronic Engineers Standard
1695—2016—IEEE Guide to Understanding, Diagnosing, and Mitigating Stray and
Contact Voltage[.];
M. Interconnection Requirements for Onboard, Grid Support
Inverter Systems, SAE J3072, Revision 3, June 10, 2024;
N. Electric Vehicle Supply Equipment, UL 2594, Edition 3,
December 15, 2022; and
O. Electric Vehicle Power Export Equipment (EVPE), UL 9741,
September 29, 2023.
ANDREW S. JOHNSTON
Executive Secretary
20.50.09 Small Generator
Facility Interconnection Standards
Authority: Public Utilities Article, §§2-113, 2-121, 5-101, 5-303,
[and] 7-306, and 7-306.2, Annotated Code of Maryland
Notice of Proposed Action
[25-006-P]
The Public Service Commission proposes to amend Regulations .02,
.06, and .14 under COMAR 20.50.09 Small Generator Facility
Interconnection Standards. This
action was considered by the Public Service Commission at two scheduled
rulemakings (RM 56 and RM 87) meeting held on September 5, 2024 and on December
11, 2024, respectively, notice of which was given under General Provisions
Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Add definitions to COMAR 20.50.09.02 that are needed to
implement the requirements in Regulation .06 General Requirements and
Regulation .14 Record Retention, and Reporting Requirements;
(2) Exclude community solar projects from the interconnection
deadline required for the completion of small generator projects under COMAR
20.50.09.06;
(3) Provide system certification standards and pathways to
certification for vehicle-to-grid (V2G) systems under COMAR 20.50.09.06;
(4) Treat V2G systems similar to energy storage devices for
interconnection purposes under COMAR 20.50.09.06;
(5) Set appropriate requirements for V2G systems to operate as
managed charging (V1G) systems under COMAR 20.50.09.06; and
(6) Establish annual reporting requirements for V2G systems under
COMAR 20.50.09.14.
Estimate of Economic Impact
I. Summary of Economic Impact. With V2G, an electric vehicle
can become a source of income or reduce costs by drawing power at lower rates
during off-peak times and then providing it back to the electric utility at a
higher rate during off-peak times. The economic impact is inestimable.
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:
|
|
|
|
Electric Utility Companies
|
(-)
|
Inestimable
|
|
E.
On other industries or trade groups:
|
|
|
|
EV Equipment Supply Industries
|
(+)
|
Inestimable
|
|
F.
Direct and indirect effects on public:
|
|
|
|
EV Drivers
|
(+)
|
Inestimable
|
III. Assumptions. (Identified by
Impact Letter and Number from Section II.)
D. Maryland electric utilities will incur costs to implement V2G
regulations. Maryland electric utilities will benefit from the V2G regulations
as this regulation is a prerequisite to implementing tariffs and pilot programs
to enhance grid reliability and improve grid efficiency with the potential for
reduced costs in the future. V2G charging brings benefits to electric utility
companies by providing them additional tools to manage a strained electrical
grid by creating a virtual power grid from the many connected electric
vehicles. V2G can be a tool to better manage peak demand and draw from excess
available power when demand is high. This can smooth out energy fluctuations
and create a more stable electrical grid, ultimately making utility companies
more efficient with resultant ratepayer benefits. The electric utility benefits
from V2G enablement are inestimable.
E. Electric vehicle and electric vehicle equipment supply
industries and trade groups will benefit from these V2G regulations by
increasing the market for their products. These benefits are inestimable.
F. V2G brings benefits for electric vehicle drivers in that it
makes an electric vehicle a power source that can provide energy to a home or
building as backup power and shift power demand. With V2G, an electric vehicle
can become a source of income or reduce costs by drawing power at lower rates
during off-peak times and then providing it back to the electric utility at a
higher rate during off-peak times. Businesses can capture those same
cost-saving benefits at a much larger scale. For a business with a large fleet,
V2G chargers can essentially turn a fleet charging site into a large source of
power supply. The public benefits from V2G enablement are inestimable.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
Businesses can capture those same cost-saving benefits as V2G at a
much larger scale. For a business with a large fleet, V2G chargers can
essentially turn a fleet charging site into a large source of power supply. The
public benefits from V2G enablement are inestimable.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Andrew S. Johnston, Executive Secretary,
Public Service Commission, 6 St. Paul Street, 16th Floor Baltimore, MD 21202,
or call 410-767-8067, or email to psc.rmcomments@maryland.gov. Comments will be
accepted through May 19, 2025. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “AC EVSE” means supply equipment that passes alternating
current to the EV with conversion between AC and DC accomplished onboard the
EV.
[(1)] (2)—[(5)]
(6) (text unchanged)
(7) "Bidirectional electric vehicle" has the meaning
stated in Public Utilities Article, §7-1001(c), Annotated Code of
Maryland."
[(6)] (8)—[(8)]
(10) (text unchanged)
(11) “DC EVSE” means supply equipment
that passes direct current to or from the EV, with the EVSE accomplishing
conversion between AC and DC.
[(9)] (12)—[(13)]
(16) (text unchanged)
(17) “Electric vehicle” or “EV” means a vehicle that employs
electrical energy as a primary or secondary mode of propulsion and is capable
of charging the onboard battery from an external supply of electricity.
(18) “Electric vehicle supply equipment” or “EVSE” means a
device or system designed and used specifically to transfer electrical energy
between an electric vehicle and the electric grid.
[(14)] (19)—[(61)]
(66) (text unchanged)
(67) “Technical interconnection requirement” or “TIR” means a
public-facing document available on an electric company's website that
specifies interconnection technical review criteria and distributed energy
resource functional settings.
[(62)] (68)—[(63)]
(69) (text unchanged)
(70) “V1G or managed
charging” means a range of approaches from utility programs and rate design to
incentivize ratepayers for varying the time or rate at which an electric
vehicle is charged.
(71) “V1G Ready EVSE” is an EVSE that is capable of controlled
charging rate operation but is either not certified for or is certified for but
not programmed or configured for bidirectional operation.
(72) “V2G or vehicle-to-grid” means the ability for an EVSE
connected to a bidirectional electric vehicle to operate in parallel to the
grid and both receive and feed power to the point of interconnection between
the EVSE and the grid.
(73) “V2G Ready EVSE” is an AC EVSE or DC EVSE, is certified for
and programmed or configured for bidirectional operation as part of a V2G
system in parallel with the electric grid.
(74) “V2G System” is a combination of hardware and software in
or around the EVSE and EV for the purposes of communication with and programmed
flow of energy into and out of the vehicle battery in support of electrical
loads or systems offboard the EV, including the electric grid.
[(64)] (75)
(text unchanged)
.06 General Requirements.
A.—M. (text unchanged)
N. Validity of Conditional Approval.
(1) A project participating
as a community solar energy generating system under COMAR 20.62 is not subject
to this section.
[(1)] (2)—[(2)] (3) (text unchanged)
[(3) A project participating in the Community Solar pilot program
under COMAR 20.62 is not subject to this section.]
O.—R. (text unchanged)
S. Vehicle to Grid Interconnection.
(1) A V2G System shall meet the following requirements:
(a) The interconnection customer for a V2G system shall submit
an interconnection request pursuant to Regulation .04 of this chapter.
(b) A V2G system interconnection shall be valid only at a single
point of interconnection specified in the interconnection agreement. Additional
locations shall require additional interconnection reviews and associated
interconnection agreements.
(c) An electric company shall consider a V2G system to be an
energy storage device pursuant to Regulation .02B of this chapter for the
purpose of evaluating the electrical performance requirements applicable to an
interconnection request.
(d) Characteristics of energy storage systems that do not and
cannot apply to the use of EVs as connected energy storage units shall not be
required of V2G systems operated as energy storage.
(e) A V2G system shall not be authorized in bidirectional mode
while in parallel operation with the local electric power system unless an
interconnection agreement is in place between the interconnection customer and
the relevant electric utility and the interconnection customer has received a
permission to operate from the electric company.
(2) An electric company may delay interconnection of a V2G
system to provide adequate time to ensure electric distribution system safety
and reliability in advance of vehicle-to-grid interconnections pursuant to
applicable requirements in Regulation .09 of this chapter for Level 1 Review,
Regulation .10 of this chapter for a Level 2 Review, Regulation .11 of this
chapter for a Level 3 Review, and Regulation .12 of this chapter for a Level 4
Review.
(3) To ensure safety, reliability and V2G functionality for DC
EVSE V2G Systems, the interconnection agreement shall require adherence to UL
1741 incorporated by reference in COMAR 20.50.02.02(I).
(4) To ensure safety,
reliability and V2G functionality for AC EVSE V2G Systems there are two
acceptable certification pathways for which only one certification pathway
shall be required in an interconnection agreement:
(a) Certification pathway 1 is as follows:
(i) UL 1741 incorporated by reference in COMAR 20.50.02.02(I)
and UL 2594 incorporated by reference in COMAR 20.50.02.02(N) for a V2G Ready
EVSE; and
(ii) SAE J3072 incorporated by reference in COMAR 20.50.02.02(O)
for a bidirectional electric vehicle.
(b) Certification pathway 2 is as follows:
(i) UL 9741 incorporated by reference in COMAR 20.50.02.02(M)
for V2G Ready EVSE; and
(ii) UL 1741 SB under the QIKP Grid Interconnection Performance
Certification for a bidirectional electric vehicle and V2G Ready EVSE.
(5) If applicable, certifications pursuant to Regulation .06S(4)
of this chapter are not available or safety, reliability, and V2G functionality
cannot be ensured:
(a) The utility may require reasonable alternative methods such
as protective relaying equipment, a power control system, or other alternative
methods in an interconnection agreement; or
(b) If safety, reliability and V2G functionality cannot be
ensured through certifications or reasonable alternative methods, an electric
company shall deny the interconnection request.
(6) A V1G System shall meet the following requirements.
(a) An interconnection request, interconnection agreement, and
an electric company permission to operate is not required for a V1G Ready EVSE
provided that the V1G Ready EVSE is configured to only allow V1G operation in
compliance with relevant standards.
(b) A V2G System that operates as a V1G Ready EVSE shall be
accepted by an electric company using a method for notification form submittal
as determined by the electric company. The notification form used by the
electric company shall only require information required to attest to V1G
operation and not duplicate an interconnection request.
(c) A V1G Ready EVSE shall not be changed to a V2G Ready EVSE
without first receiving an interconnection request and permission to operate
from the utility.
(d) Only the EVSE manufacturer or a manufacturer approved third
party entity may reprogram or reconfigure an EVSE to bidirectional operation.
.14 Record Retention and Reporting Requirements.
A.—B. (text unchanged)
C. A utility shall file not later than April 1 of each year a
report entitled “Annual Small Generator Interconnection Report” to the
Commission containing the following information for the preceding calendar
year:
(1) (text unchanged)
(2) The fuel type, or energy storage type, total number, and total
nameplate capacity of small generator facilities approved in each of the
following categories:
(a)—(d) (text unchanged)
(e) Energy storage devices; [and]
(f) V2G Systems – DC EVSE;
(g) V2G Systems – AC EVSE; and
[(f)] (h) (text unchanged)
(3)—(11) (text unchanged)
D.—F. (text unchanged)
ANDREW S. JOHNSTON
Executive Secretary
Title 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
Subtitle 08
DESIGNATION OF TRAUMA AND SPECIALTY REFERRAL CENTERS
Notice of Proposed Action
[25-048-P]
The Maryland State Emergency Medical Services Board proposes to:
(1) Amend Regulation .03 under COMAR 30.08.05 Trauma
Center Designation and Verification Standards;
(2) Amend Regulation .01 under COMAR 30.08.06 Adult and
Pediatric Burn Center Standards;
(3) Amend Regulation .02 under COMAR 30.08.08 Pediatric
Trauma Center Standards;
(4) Amend Regulation .01 under COMAR 30.08.10 Neurotrauma
Center Standards;
(5) Amend Regulation .01 under COMAR 30.08.11 Designated
Primary Stroke Center Standards;
(6) Amend Regulation .03 under COMAR 30.08.12 Perinatal
and Neonatal Referral Center Standards;
(7) Amend Regulation .02 under COMAR 30.08.14 Hand and
Upper Extremity Trauma Center Standards; and
(8) Amend Regulation .01 under COMAR 30.08.18 Designated
Acute Stroke Ready Center.
This action was considered by the State EMS Board at its open
meeting held on January 15, 2025, pursuant to General Provisions Article, §3-302(c),
Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to
expand the acceptable hospital accrediting organizations to align with
current federal and State practice.
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 Kenny Barajas, DNP, Chief of Office of Care
Integration, MIEMSS, 653 West Pratt St., Fourth Floor, Baltimore, MD 21201, or
call 410-336-1629, or email to kbarajas@miemss.org. Comments will be accepted
through May 19, 2025. A public hearing has not been scheduled.
30.08.05 Trauma Center Designation and
Verification Standards
Authority: Education Article, §13-509, Annotated Code of Maryland
.03 Organization.
|
PARC
|
I
|
II
|
III
|
ED
|
|
A.—B. (text
unchanged)
|
|
|
|
|
|
|
C. A hospital
shall be accredited by [The Joint
Commission] an organization that has been granted deeming authority by the
Centers for Medicare & Medicaid Services, and approved by the Maryland
Department of Health to accredit hospitals in the State.
|
E
|
E
|
E
|
E
|
E
|
|
D.—L. (text
unchanged)
|
|
|
|
|
|
30.08.06 Adult and Pediatric Burn Center
Standards
Authority: Education Article, §13-509, Annotated Code of Maryland
.01 Burn Center Organization.
A. A Burn center shall:
(1)—(7) (text unchanged)
(8) Have and maintain current accreditation by [the Joint Commission] an organization that has been granted
deeming authority by the Centers for Medicare & Medicaid Services and
approved by the Maryland Department of Health to accredit hospitals in the
State;
(9)—(10) (text unchanged)
30.08.08 Pediatric Trauma Center Standards
Authority: Education Article, §13-509, Annotated Code of Maryland
.02 Organization.
A. (text unchanged)
B. The hospital
shall:
(1) (text
unchanged)
(2) Be
accredited by [The Joint Commission] an organization that has been granted deeming authority by the Centers
for Medicare & Medicaid Services and approved by the Maryland Department of
Health to accredit hospitals in the State;
(3)—(6) (text unchanged)
30.08.10 Neurotrauma Center Standards
Authority: Education Article, §13-509, Annotated Code of Maryland
.01 Organization.
A neurotrauma center hospital shall:
A.—C. (text unchanged)
D. Maintain current hospital accreditation by [The Joint Commission] an organization that has been granted
deeming authority by the Centers for Medicare & Medicaid Services and
approved by the Maryland Department of Health to accredit hospitals in the
State.
30.08.11 Designated Primary Stroke Center
Standards
Authority: Education Article, §13-509, Annotated Code of Maryland
.01 Designated Primary Stroke Center.
A designated primary stroke center hospital shall:
A. (text unchanged)
B. Be a hospital accredited by [The
Joint Commission] an organization that has been granted
deeming authority by the Centers for Medicare & Medicaid Services and
approved by the Maryland Department of Health to accredit hospitals in the
State;
C.—J. (text unchanged)
30.08.12 Perinatal and Neonatal Referral
Center Standards
Authority: Education Article, §13-509, Annotated Code of Maryland
.03 Organization.
|
III
|
IV
|
|
A.—B. (text
unchanged)
|
|
|
|
C. The
hospital shall be accredited by [The
Joint Commission] an organization that has been granted
deeming authority by the Centers for Medicare & Medicaid Services and
approved by the Maryland Department of Health to accredit hospitals in the
State.
|
E
|
E
|
|
D.—G. (text
unchanged)
|
|
|
30.08.14 Hand and Upper Extremity Trauma
Center Standards
Authority: Education Article, §13-509, Annotated Code of Maryland
.02 Organization.
A. A hand and upper extremity trauma center shall:
(1) (text unchanged)
(2) Be accredited by [the
Joint Commission on Accreditation of Health Care Organizations]
an organization that has been granted deeming authority by the Centers for
Medicare & Medicaid Services and approved by the Maryland Department of
Health to accredit hospitals in the State, with a designated hand surgery
service;
(3)—(4) (text unchanged)
30.08.18 Designated Acute Stroke Ready
Center
Authority: Education Article, §13-509, Annotated Code of Maryland
.01 Designated Acute Stroke Ready Center.
A designated acute stroke ready center shall:
A. (text unchanged)
B. If a hospital, be accredited by [The Joint Commission] an organization that has been granted
deeming authority by the Centers for Medicare & Medicaid Services and
approved by the Maryland Department of Health to accredit hospitals in the
State;
C.—J. (text unchanged)
THEODORE R. DELBRIDGE, MD, MPH
Executive Director
Subtitle 09
COMMERCIAL AMBULANCE SERVICES
30.09.04 Eligibility, Application, and License Renewal
Authority: Education Article, §13-515, Annotated Code of Maryland
Notice of Proposed Action
[25-046-P]
The Maryland Institute for Emergency Medical Services Systems
proposes to amend Regulation .08 under COMAR 30.09.04 Eligibility,
Application, and License Renewal.
This action was considered by the State EMS Board at its open meeting
held on December 10, 2024, pursuant to General Provisions Article §3-302(c),
Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Extend the waiver that allows a non-EMS licensed or certified
individual to drive a commercial ambulance to include advanced life support
ambulances, in order to expand the pool of individuals that can drive a
licensed commercial ambulance;
(2) Ensure that MIEMSS can limit the use of a driver that poses a
threat to the health and safety of the public; and
(3) Expand the ambulance equipment waiver to include commercial
ambulance types that came into existence after the initial waiver regulation;
and to make minor, non-substantive corrective changes.
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 Scott Legore, Director, State Office of
Commercial Ambulance Licensing and Regulation, Maryland Institute for Emergency
Medical Services Systems, 653 West Pratt Street Baltimore, MD 21201, or call
410-706-8511, or email to slegore@miemss.org. Comments will be accepted through
May 19, 2025. A public hearing has not been scheduled.
.08 Waivers.
A. SOCALR may waive any equipment requirements under COMAR [30.09.07 and 30.09.10–30.09.12] 30.09
for any commercial ambulance service which is licensed by Maryland or
applying for a license, which demonstrates to the satisfaction of SOCALR that
the equipment offered by the commercial ambulance service is equivalent to or
superior to the equipment required by this subtitle.
B. Waiver of Personnel Requirements.
(1) SOCALR may waive any personnel requirements under COMAR [30.09.07, except the requirement for a
licensed or certified driver for a BLS ambulance,] 30.09 for any
commercial ambulance service which is licensed by Maryland or applying for a
license, which demonstrates to the satisfaction of SOCALR that the personnel
offered by the commercial ambulance service is equivalent to or superior to the
personnel required by this subtitle[.],
except the requirement for a licensed or certified driver for an ambulance,
which may only be waived under §B(2)
of this regulation.
(2) SOCALR may waive the personnel requirements under COMAR [30.09.07] 30.09 for a licensed or
certified driver [for a BLS
ambulance,] for any commercial
ambulance service which is licensed by Maryland or applying for a license. The
initial waiver shall be for 1 year, subject to renewal.
(3) A commercial ambulance service seeking or maintaining a waiver of the requirement for a licensed or
certified driver for [a BLS] an
ambulance under COMAR [30.09.07] 30.09
shall meet the following requirements:
(a) Submit to SOCALR with the application and on a monthly basis:
(i) The current number of unit hours staffed over a consecutive
7-day period during the most recent 30 days[:];
and
(ii) The name and address of each non-EMS individual designated by
the commercial service to drive [a
BLS] an ambulance;
(b) Ensure that each non-EMS individual designated to drive [a BLS] an ambulance possesses
a current and valid For-Hire Driver's license issued by the Public Service
Commission prior to use of a non-EMS driver on [a BLS] an ambulance;
(c) Provide to SOCALR a photocopy of a current and valid For-Hire
Driver's license issued by the Public Service Commission for each non-EMS
individual designated to drive [a
BLS] an ambulance prior to use of a non-EMS drive on [a BLS] an ambulance;
(d) Ensure that each non-EMS individual designated to drive [a BLS] an ambulance obtains an
ePINS number prior to use of a non-EMS [drive] driver
on [a BLS] an ambulance;
(e) Provide the following training to each non-EMS individual it
designates to drive [a BLS] an
ambulance prior to use of a non-EMS driver on [a BLS] an ambulance:
(i)—(v) (text unchanged)
(vi) Driver’s training program to include safe road operations,
ambulance backing, and city driving; [and]
(f) Provide [SOCALAR] SOCALR with a copy of
the training programs required for the non-EMS driver prior to use of a non-EMS
driver on [a BLS] an ambulance[.];
(g) Ensure that any ALS
licensed ground ambulance that is staffed with a non-EMS driver is also staffed
with at least two individuals who meet the following requirements:
(i) A CRT or higher who is
responsible for the patient as described in COMAR 30.09.07.02A(4)(b); and
(ii) An EMT or higher; and
(h) Ensure that any non-EMS
individual designated to drive an ambulance:
(i) Is not subject to a
current suspension or revocation of EMS licensure or certification; and
(ii) Has not been determined
by SOCALR to be a threat to the health and safety of patients or the public.
C.—E. (text unchanged)
F. A waiver may be summarily suspended if SOCALR finds the party to
whom the waiver has been granted has:
(1)—(6) (text unchanged)
(7) Violated any applicable federal, State, or local statute or
regulation; [or]
(8) Failed to comply with the terms of the waiver[.]; or
(9) Continued to use a non-EMS
driver that SOCALR has determined, in conjunction with the MIEMSS Office of
Integrity, to be a threat to the health and safety of patients or the public.
G. (text unchanged)
THEODORE R. DELBRIDGE, MD, MPH
Executive Director